US Codex
U.S.C.
Notes

§1003. Additional definitions — Inbound Citations

20 U.S.C. § 1003

Cited by 3984 provisions in release 119-102.

Citations to 20 U.S.C. § 1003 as a whole

Citations to §1003(1)

  • 20 U.S.C. § 1002(a)(2)(B)(iii)(I)
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    (I) Not later than 1 year after August 14, 2008, the advisory panel described in clause (i) shall submit a report to the Secretary and to the authorizing committees recommending eligibility criteria for participation in the loan programs under part D of subchapter IV for graduate medical schools that—
    (aa) are located outside of the United States;
    (bb) do not meet the requirements of subparagraph (A)(i); and
    (cc) have a clinical training program approved by a State prior to January 1, 2008.
  • 20 U.S.C. § 1011c(e)(2)
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    (2) Not later than the last day of each fiscal year, the Committee shall make available an annual report to the Secretary, the authorizing committees, and the public. The annual report shall contain—
    (A) a detailed summary of the agenda and activities of, and the findings and recommendations made by, the Committee during the fiscal year preceding the fiscal year in which the report is made;
    (B) a list of the date and location of each meeting during the fiscal year preceding the fiscal year in which the report is made;
    (C) a list of the members of the Committee; and
    (D) a list of the functions of the Committee, including any additional functions established by the Secretary through regulation.
  • 20 U.S.C. § 1015(a)(3)(B)
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    (B) not later than 90 days after October 7, 1998, report the definitions to each institution of higher education and within a reasonable period of time thereafter inform the authorizing committees of those definitions; and
  • 20 U.S.C. § 1015a(e)(2)(A)
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    (A) issue an annual report that summarizes all of the reports by institutions required under paragraph (1) to the authorizing committees; and
  • 20 U.S.C. § 1015b(g)
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    (g) Not later than July 1, 2013, the Comptroller General of the United States shall report to the authorizing committees on the implementation of this section by institutions of higher education, college bookstores, and publishers. The report shall particularly examine—
    (1) the availability of college textbook information on course schedules;
    (2) the provision of pricing information to faculty of institutions of higher education by publishers;
    (3) the use of bundled and unbundled material in the college textbook marketplace, including the adoption of unbundled materials by faculty and the use of integrated textbooks by publishers; and
    (4) the implementation of this section by institutions of higher education, including the costs and benefits to such institutions and to students.
  • 20 U.S.C. § 1015e(f)(2)
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    (2) report the Secretary’s findings, as well as recommendations regarding the implementation of State-level postsecondary student data systems, to the authorizing committees.
  • 20 U.S.C. § 1018(c)(4)
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    (4) The Secretary shall, upon request, provide a briefing to the members of the authorizing committees on the steps the Department has taken to ensure—
    (A) the integrity of the student loan programs; and
    (B) that lenders and guaranty agencies are adhering to the requirements of subchapter IV.
  • 20 U.S.C. § 1018(d)(3)
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    (3) The Chief Operating Officer may be removed by—
    (A) the President; or
    (B) the Secretary, for misconduct or failure to meet performance goals set forth in the performance agreement in paragraph (4).
    The President or Secretary shall communicate the reasons for any such removal to the authorizing committees.
  • 20 U.S.C. § 1018(d)(4)(B)
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    (B) The final agreement, and any revision to the final agreement, shall be transmitted to the authorizing committees, and made publicly available.
  • 20 U.S.C. § 1019a(b)(1)(B)(iii)
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    (iii) The Secretary shall summarize the information received from the lenders under this subparagraph in a report and transmit such report annually to the authorizing committees.
  • 20 U.S.C. § 1022c(d)
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    (d) The Secretary shall evaluate the activities funded under this part and report the findings regarding the evaluation of such activities to the authorizing committees. The Secretary shall broadly disseminate—
    (1) successful practices developed by eligible partnerships under this part; and
    (2) information regarding such practices that were found to be ineffective.
  • 20 U.S.C. § 1022d(d)(1)
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    (1) The Secretary shall annually provide to the authorizing committees, and publish and make widely available, a report card on teacher qualifications and preparation in the United States, including all the information reported in subparagraphs (A) through (L) of subsection (b)(1). Such report shall identify States for which eligible partnerships received a grant under this part.
  • 20 U.S.C. § 1022d(d)(2)
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    (2) The Secretary shall prepare and submit a report to the authorizing committees that contains the following:
    (A) A comparison of States’ efforts to improve the quality of the current and future teaching force.
    (B) A comparison of eligible partnerships’ efforts to improve the quality of the current and future teaching force.
    (C) The national mean and median scaled scores and pass rate on any standardized test that is used in more than one State for teacher certification or licensure.
  • 20 U.S.C. § 1035(j)
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    (j) The Secretary shall evaluate the activities supported by grants under this section, including the impact of such activities on student academic achievement, and shall report the results of such evaluation to the authorizing committees.
  • 20 U.S.C. § 1066d(10)
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    (10) not later than 120 days after August 14, 2008, shall submit to the authorizing committees a report on the progress of the Department in implementing the recommendations made by the Government Accountability Office in October 2006 for improving the Historically Black College and Universities Capital Financing Program.
  • 20 U.S.C. § 1066f(c)(1)
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    (1) In addition to the responsibilities of the Advisory Board described in subsection (a), the Advisory Board shall advise the Secretary and the authorizing committees regarding—
    (A) the fiscal status and strategic financial condition of not less than ten historically Black colleges and universities that have—
    (i) obtained construction financing through the program under this part and seek additional financing or refinancing under such program; or
    (ii) applied for construction financing through the program under this part but have not received financing under such program; and
    (B) the feasibility of reducing borrowing costs associated with the program under this part, including reducing interest rates.
  • 20 U.S.C. § 1066f(c)(2)
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    (2) Not later than six months after August 14, 2008, the Advisory Board shall prepare and submit a report to the authorizing committees regarding the historically Black colleges and universities described in paragraph (1)(A) that includes administrative and legislative recommendations for addressing the issues related to construction financing facing such historically Black colleges and universities.
  • 20 U.S.C. § 1070a–18(a)(1)
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    (1) The Secretary shall submit annually, to the authorizing committees, a report that documents the performance of all programs funded under this division. Such report shall—
    (A) be submitted not later than 12 months after the eligible entities receiving funds under this division are required to report their performance to the Secretary;
    (B) focus on the programs’ performance on the relevant outcome criteria determined under section 1070a–11(f)(4) of this title;
    (C) aggregate individual project performance data on the outcome criteria in order to provide national performance data for each program;
    (D) include, when appropriate, descriptive data, multi-year data, and multi-cohort data; and
    (E) include comparable data on the performance nationally of low-income students, first-generation students, and students with disabilities.
  • 20 U.S.C. § 1070c–3a(k)
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    (k) Not later than three years after August 14, 2008, and annually thereafter, the Secretary shall submit a report describing the activities and the impact of the partnerships under this section to the authorizing committees.
  • 20 U.S.C. § 1070d–2(h)(2)
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    (2) not less often than once every two years, prepare and submit to the authorizing committees a report based on the most recently available data under paragraph (1); and
  • 20 U.S.C. § 1070g–4
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    Not later than two years after August 14, 2008, and every two years thereafter, the Secretary shall prepare and submit to the authorizing committees a report on TEACH grants with respect to the schools and students served by recipients of such grants. Such report shall take into consideration information related to—
  • 20 U.S.C. § 1078(c)(9)(K)
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    (K) The Secretary, within 6 months after the end of each fiscal year, shall submit to the authorizing committees a report specifying the Secretary’s assessment of the fiscal soundness of the guaranty agency system.
  • 20 U.S.C. § 1078(g)
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    (g) If a nonprofit private institution or organization—
    (1) applies to enter into an agreement with the Secretary under subsections (b) and (c) with respect to a student loan insurance program to be carried on in a State with which the Secretary does not have an agreement under subsection (b), and
    (2) as provided in the application, undertakes to meet the requirements of section 1072(c)(6)(B)(i), (ii), and (iii) of this title,
    the Secretary shall consider and act upon such application within 180 days, and shall forthwith notify the authorizing committees of his actions.
  • 20 U.S.C. § 1078(j)(9)(A)(ii)
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    (ii) during the period beginning July 1, 2008 and ending June 30, 2011, provide to the authorizing committees and make available to the public—
    (I) copies of any new or revised plans or agreements made by guaranty agencies or the Department related to the authorities under this subsection;
    (II) quarterly reports on—
    (aa) the number and amounts of loans originated or approved pursuant to this subsection by each guaranty agency and eligible lender; and
    (bb) any related payments by the Department, a guaranty agency, or an eligible lender; and
    (III) a budget estimate of the costs to the Federal Government (including subsidy and administrative costs) for each 100 dollars loaned, of loans made pursuant to this subsection between May 7, 2008, and June 30, 2010, disaggregated by type of loan, compared to such costs to the Federal Government during such time period of comparable loans under this part and part D, disaggregated by part and by type of loan; and
  • 20 U.S.C. § 1078(j)(9)(A)(iii)
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    (iii) beginning July 1, 2011, provide to the authorizing committees and make available to the public—
    (I) copies of any new or revised plans or agreements made by guaranty agencies or the Department related to the authorities under this subsection; and
    (II) annual reports on—
    (aa) the number and amounts of loans originated or approved pursuant to this subsection by each guaranty agency and eligible lender; and
    (bb) any related payments by the Department, a guaranty agency, or an eligible lender.
  • 20 U.S.C. § 1078(n)(4)
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    (4) The Secretary shall, at the conclusion of the pilot program under paragraph (3), provide a report to the authorizing committees on the impact of the blanket certificates of guaranty on program efficiency and integrity.
  • 20 U.S.C. § 1078–1(a)(3)(A)
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    (A) The Secretary, in consultation with the guaranty agencies operating under voluntary flexible agreements, shall report on an annual basis to the authorizing committees regarding the program outcomes that the voluntary flexible agreements have had with respect to—
    (i) program integrity and program and cost efficiencies, delinquency prevention, and default aversion, including a comparison of such outcomes to such outcomes for each guaranty agency operating under an agreement under subsection (b) or (c) of section 1078 of this title;
    (ii) consumer education programs described in section 1083a of this title; and
    (iii) the availability and delivery of student financial aid.
  • 20 U.S.C. § 1078–1(c)(2)
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    (2) The Secretary shall notify the members of the authorizing committees not later than 30 days prior to concluding an agreement under this section. The notice shall contain—
    (A) a description of the voluntary flexible agreement and the performance goals established by the Secretary for the agreement;
    (B) a list of participating guaranty agencies and the specific statutory or regulatory waivers provided to each guaranty agency;
    (C) a description of the standards by which each guaranty agency’s performance under the agreement will be assessed; and
    (D) a description of the fees that will be paid to each participating guaranty agency.
  • 20 U.S.C. § 1078–1(c)(3)
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    (3) The Secretary shall notify the members of the authorizing committees not later than 30 days prior to the granting of a waiver pursuant to subsection (a)(2)1 to a guaranty agency that is not a party to a voluntary flexible agreement.
  • 20 U.S.C. § 1078–1(c)(5)
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    (5) The Secretary shall notify the members of the authorizing committees 30 days prior to any modifications to an agreement under this section.
  • 20 U.S.C. § 1082(f)(1)(C)
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    (C) a representative sample of eligible lenders under this part, upon the request of either of the authorizing committees, with respect to the payment of the special allowance under section 1087–1 of this title in order to evaluate the program authorized by this part.
  • 20 U.S.C. § 1082(n)(3)
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    (3) The Secretary shall submit a plan, for inclusion in the materials accompanying the President’s budget each fiscal year, detailing the expenditure of funds authorized by this section to accomplish the 5 percent reduction in defaults. At the conclusion of the fiscal year, the Secretary shall report the Secretary’s findings and activities concerning the expenditure of funds and whether the performance measure was met. If the performance measure was not met, the Secretary shall report the following:
    (A) why the goal was not met, including an indication of any managerial deficiencies or of any legal obstacles;
    (B) plans and a schedule for achieving the established performance goal;
    (C) recommended legislative or regulatory changes necessary to achieve the goal; and
    (D) if the performance standard or goal is impractical or infeasible, why that is the case and what action is recommended, including whether the goal should be changed or the program altered or eliminated.
    This report shall be submitted to the Appropriations Committees of the House of Representatives and the Senate and to the authorizing committees.
  • 20 U.S.C. § 1087(c)(1)
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    (1) If a borrower who received, on or after January 1, 1986, a loan made, insured, or guaranteed under this part and the student borrower, or the student on whose behalf a parent borrowed, is unable to complete the program in which such student is enrolled due to the closure of the institution or if such student’s eligibility to borrow under this part was falsely certified by the eligible institution or was falsely certified as a result of a crime of identity theft, or if the institution failed to make a refund of loan proceeds which the institution owed to such student’s lender, then the Secretary shall discharge the borrower’s liability on the loan (including interest and collection fees) by repaying the amount owed on the loan and shall subsequently pursue any claim available to such borrower against the institution and its affiliates and principals or settle the loan obligation pursuant to the financial responsibility authority under subpart 3 of part H. In the case of a discharge based upon a failure to refund, the amount of the discharge shall not exceed that portion of the loan which should have been refunded. The Secretary shall report to the authorizing committees annually as to the dollar amount of loan discharges attributable to failures to make refunds.
  • 20 U.S.C. § 1087e(b)(9)(B)
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    (B) Prior to publishing regulations proposing repayment incentives with respect to loans for which the first disbursement of principal is made before July 1, 2012, the Secretary shall ensure the cost neutrality of such reductions. The Secretary shall not prescribe such regulations in final form unless an official report from the Director of the Office of Management and Budget to the Secretary and a comparable report from the Director of the Congressional Budget Office to the Congress each certify that any such reductions will be completely cost neutral. Such reports shall be transmitted to the authorizing committees not less than 60 days prior to the publication of regulations proposing such reductions.
  • 20 U.S.C. § 1087i–1(e)
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    (e) The Secretary shall prepare, transmit to the authorizing committees, and make available to the public, the following:
    (A) Not later than 60 days after the end of each quarter during the period beginning July 1, 2008, and ending September 30, 2010, a quarterly report on—
    (i) the number of loans the Secretary has agreed to purchase, or has purchased, using the authority provided under this section, and the total amount of outstanding principal and accrued interest of such loans, during such period; and
    (ii) the number of loans in which the Secretary has purchased a participation interest, and the total amount of outstanding principal and accrued interest of such loans, during such period.
    (B) For each quarterly report, the information described in clauses (i) and (ii) of subparagraph (A) shall be disaggregated by lender and, for each lender, by category of institution (using the categories described in section 1015a(d) of this title) and type of loan.
    (2) Not later than February 15, 2011, an estimate of the costs associated with the program of purchasing loans described in paragraph (1)(A)(i) during the period beginning July 1, 2008, and ending September 30, 2010, and an estimate of the costs associated with the program of purchasing a participation interest in loans described in paragraph (1)(A)(ii) during such period. Each such estimate shall—
    (A) contain the same level of detail, and be reported in a similar manner, as the budget estimates provided for the loan program under part B and the direct student loan program under this part in the President’s annual budget submission to Congress, except that current and future administrative costs shall also be reported;
    (B) include an estimate of the gross and net outlays that have been, or will be, incurred by the Federal Government (including subsidy and administrative costs, and any payments made by the Department to lenders, trusts, or other entities related to such activities) in purchasing such loans or purchasing a participation interest in such loans during such period (as applicable); and
    (C) include a comparison of—
    (i) the average amount of the gross and net outlays (including costs and payments) described in subparagraph (B) for each $100 of loans purchased or for which a participation interest was purchased (as applicable) during such period, disaggregated by type of loan; with
    (ii) the average amount of such gross and net outlays (including costs and payments) to the Federal Government for each $100 of comparable loans made under this part and part B during such period, disaggregated by part and by type of loan.
    (3) Not later than February 15 of the fiscal year following each of the fiscal years 2008, 2009, 2010, and 2011, an annual estimate of the costs associated with the program of purchasing loans described in paragraph (1)(A)(i), and an annual estimate of the costs associated with the program of purchasing a participation interest in loans described in paragraph (1)(A)(ii), that includes the information described in paragraph (2) for such fiscal year.
  • 20 U.S.C. § 1089(d)
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    (d) The Secretary shall notify the authorizing committees when a deadline included in the calendar described in subsection (a) is not met. Nothing in this section shall be interpreted to penalize institutions or deny them the specified times allotted to enable them to return information to the Secretary based on the failure of the Secretary to adhere to the dates specified in this section.
  • 20 U.S.C. § 1090(a)(9)(A)
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    (A) Not later than 1 year after December 27, 2020, the Secretary shall report to the authorizing committees on the progress of the Secretary in carrying out this subsection, including planning and stakeholder consultation. Such report shall include—
    (i) benchmarks for implementation;
    (ii) entities and organizations that the Secretary consulted;
    (iii) system requirements for such implementation and how they will be addressed;
    (iv) any areas of concern and potential problem issues uncovered that may hamper such implementation; and
    (v) solutions determined to address such issues.
  • 20 U.S.C. § 1090(a)(9)(B)
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    (B) The Secretary shall provide updates to the authorizing committees—
    (i) as to the progress and planning described in subparagraph (A) prior to implementation of the revisions to the Free Application for Federal Student Aid under this subsection not less often than quarterly; and
    (ii) at least 6 months and 1 year after implementation of the revisions to the Free Application for Federal Student Aid.
  • 20 U.S.C. § 1090(d)(4)(B)(i)(I)
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    (I) certify to the authorizing committees that the Department will meet the October 1 deadline specified in subparagraph (A) for such processing cycle; or
  • 20 U.S.C. § 1090(d)(4)(B)(ii)
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    (ii) in the case of a certification described in clause (i)(II), on a date that is not later than September 30, testify before the authorizing committees on—
    (I) the anticipated failure to meet such deadline; and
    (II) the financial impact such failure will have on students and families.
  • 20 U.S.C. § 1091(r)(4)
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    (4) The Secretary shall prepare and submit to the authorizing committees, in each fiscal year, a report describing the results obtained by the establishment and operation of the data system authorized by this subsection.
  • 20 U.S.C. § 1091(t)(5)
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    (5) Not later than 1 year after December 27, 2020, and on at least an annual basis thereafter, the Secretary shall submit to the authorizing committees, and make publicly available on the website of the Department, a report on the—
    (A) impact of this subsection which shall include, at a minimum—
    (i) the names and types of institutions of higher education offering prison education programs at which confined or incarcerated individuals are enrolled and receiving Federal Pell Grants;
    (ii) the number of confined or incarcerated individuals receiving Federal Pell Grants through each prison education program;
    (iii) the amount of Federal Pell Grant expenditures for each prison education program;
    (iv) the average amount of Federal Pell Grant expenditures per full-time equivalent students in a prison education program compared to the average amount of Federal Pell Grant expenditures per full-time equivalent students not in prison education programs;
    (v) the demographics of confined or incarcerated individuals receiving Federal Pell Grants;
    (vi) the cost of attendance for such individuals;
    (vii) the mode of instruction (such as distance education, in-person instruction, or a combination of such modes) for each prison education program;
    (viii) information on the academic outcomes of such individuals (such as credits attempted and earned, and credential and degree completion) and any information available from student satisfaction surveys conducted by the applicable institution or correctional facility;
    (ix) information on post-release outcomes of such individuals, including, to the extent practicable, continued postsecondary enrollment, earnings, credit transfer, and job placement;
    (x) rates of recidivism for confined or incarcerated individuals receiving Federal Pell Grants;
    (xi) information on transfers of confined or incarcerated individuals between prison education programs;
    (xii) the most common programs and courses offered in prison education programs; and
    (xiii) rates of instructor turnover or departure for courses offered in prison education programs;
    (B) results of each prison education program at each institution of higher education, including the information described in clauses (ii) through (xiii) of subparagraph (A); and
    (C) findings regarding best practices with respect to prison education programs.
  • 20 U.S.C. § 1092(a)(7)(B)(ii)
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    (ii) The Secretary shall widely disseminate the recommendations required under this subparagraph to two-year, degree-granting institutions of higher education, the public, and the authorizing committees not later than 18 months after the first meeting of the group of representatives convened under clause (i).
  • 20 U.S.C. § 1092(f)(5)(A)
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    (A) review such statistics and report to the authorizing committees on campus crime statistics by September 1, 2000;
  • 20 U.S.C. § 1092(f)(16)
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    (16) The Secretary shall annually report to the authorizing committees regarding compliance with this subsection by institutions of higher education, including an up-to-date report on the Secretary’s monitoring of such compliance.
  • 20 U.S.C. § 1092(i)(6)
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    (6) The Secretary shall annually report to the authorizing committees regarding compliance with this subsection by institutions of higher education, including an up-to-date report on the Secretary’s monitoring of such compliance.
  • 20 U.S.C. § 1092(m)(2)
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    (2) The Secretary shall summarize the information received from institutions of higher education under paragraph (1) in a report and transmit such report annually to the authorizing committees.
  • 20 U.S.C. § 1092b(f)(1)
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    (1) Not later than September 30 of each fiscal year, the Secretary shall prepare and submit to the authorizing committees a report describing—
    (A) the effectiveness of existing privacy safeguards in protecting student, borrower, and parent information in the data system;
    (B) the success of any new authorization protocols in more effectively preventing abuse of the data system;
    (C) the reduction in improper data system access as described in subsection (d)(7);
    (D) the ability of the Secretary to monitor how the system is being used, relative to the intended purposes of the data system; and
    (E) any protocols, codes of conduct, terms of service, or information security standards developed under paragraphs (6) or (7) of subsection (d) during the preceding fiscal year.
  • 20 U.S.C. § 1092b(f)(2)(B)
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    (B) Not later than three years after August 14, 2008, the Secretary shall prepare and submit a report on the findings of the study under subparagraph (A) to the authorizing committees.
  • 20 U.S.C. § 1093(e)
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    (e) The Secretary shall make available to the public and to the authorizing committees a list of institutions, systems or consortia selected to participate in the demonstration program authorized by this section. Such notice shall include a listing of the specific statutory and regulatory requirements being waived for each institution, system or consortium and a description of the distance education courses to be offered.
  • 20 U.S.C. § 1093(f)(3)
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    (3) The Secretary shall provide reports to the authorizing committees on an annual basis regarding—
    (A) the demonstration programs authorized under this section; and
    (B) the number and types of students receiving assistance under this subchapter for instruction leading to a recognized certificate, as provided for in section 1091(l)(1) of this title, including the progress of such students toward recognized certificates and the degree to which participation in such programs leading to such certificates increased.
  • 20 U.S.C. § 1094(d)(4)
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    (4) Not later than July 1, 2009, and July 1 of each succeeding year, the Secretary shall submit to the authorizing committees a report that contains, for each proprietary institution of higher education that receives assistance under this subchapter, as provided in the audited financial statements submitted to the Secretary by each institution pursuant to the requirements of subsection (a)(24)—
    (A) the amount and percentage of such institution’s revenues received from sources under this subchapter; and
    (B) the amount and percentage of such institution’s revenues received from other sources.
  • 20 U.S.C. § 1094(g)(1)
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    (1) submit an annual report to the authorizing committees identifying all violations of an institution’s code of conduct that the Inspector General has substantiated during the preceding year relating to the gift ban provisions described in subsection (e)(2); and
  • 20 U.S.C. § 1094a(a)(5)
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    (5) The Secretary shall review and evaluate the Quality Assurance Program conducted by each participating institution and, on the basis of that evaluation, make recommendations regarding amendments to this chapter that will streamline the administration and enhance the integrity of Federal student assistance programs. Such recommendations shall be submitted to the authorizing committees.
  • 20 U.S.C. § 1094a(b)(2)
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    (2) The Secretary shall review and evaluate the experience of institutions participating as experimental sites and shall, on a biennial basis, submit a report based on the review and evaluation to the authorizing committees. Such report shall include—
    (A) a list of participating institutions and the specific statutory or regulatory waivers granted to each institution;
    (B) the findings and conclusions reached regarding each of the experiments conducted; and
    (C) recommendations for amendments to improve and streamline this chapter, based on the results of the experiment.
  • 20 U.S.C. § 1098(a)(1)
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    (1) There is established in the Department an independent Advisory Committee on Student Financial Assistance (hereafter in this section referred to as the “Advisory Committee”) which shall provide advice and counsel to the authorizing committees and to the Secretary on student financial aid matters.
  • 20 U.S.C. § 1098(b)
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    (b) In the exercise of its functions, powers, and duties, the Advisory Committee shall be independent of the Secretary and the other offices and officers of the Department. Notwithstanding Department of Education policies and regulations, the Advisory Committee shall exert independent control of its budget allocations, expenditures and staffing levels, personnel decisions and processes, procurements, and other administrative and management functions. The Advisory Committee’s administration and management shall be subject to the usual and customary Federal audit procedures. Reports, publications, and other documents of the Advisory Committee, including such reports, publications, and documents in electronic form, shall not be subject to review by the Secretary. The recommendations of the Committee shall not be subject to review or approval by any officer in the executive branch, but may be submitted to the Secretary for comment prior to submission to the authorizing committees in accordance with subsection (f). The Secretary’s authority to terminate advisory committees of the Department pursuant to section 1233g(b)1 of this title ceased to be effective on June 23, 1983.
  • 20 U.S.C. § 1098(d)(6)
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    (6) recommend to the authorizing committees and to the Secretary such studies, surveys, and analyses of student financial assistance programs, policies, and practices, including the special needs of low-income, disadvantaged, and nontraditional students, and the means by which the needs may be met;
  • 20 U.S.C. § 1098(d)(9)
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    (9) provide an annual report to the authorizing committees that provides analyses and policy recommendations regarding—
    (A) the adequacy of need-based grant aid for low- and moderate-income students; and
    (B) the postsecondary enrollment and graduation rates of low- and moderate-income students;
  • 20 U.S.C. § 1098(l)(1)
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    (1) The Advisory Committee shall make recommendations to the Secretary and the authorizing committees for consideration of future legislative action regarding redundant or outdated regulations consistent with the Secretary’s requirements under section 1099c–2 of this title.
  • 20 U.S.C. § 1098(l)(4)(A)
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    (A) submit, not later than two years after the completion of the negotiated rulemaking process required under section 1098a of this title resulting from the amendments to this chapter made by the Higher Education Opportunity Act, a report to the authorizing committees and the Secretary detailing the review panels’ findings and recommendations with respect to the review of regulations; and
  • 20 U.S.C. § 1098(l)(4)(B)
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    (B) provide periodic updates to the authorizing committees regarding—
    (i) the impact of all Federal regulations on all sectors of higher education; and
    (ii) suggestions provided through the website for streamlining or eliminating duplicative regulations.
  • 20 U.S.C. § 1098(m)(4)(B)
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    (B) The Advisory Committee shall consult on a regular basis with the authorizing committees in carrying out the study required by this subsection.
  • 20 U.S.C. § 1098(m)(5)(A)
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    (A) The Advisory Committee shall prepare and submit to the authorizing committees and the Secretary an interim report, not later than one year after August 14, 2008, describing the progress made in conducting the study required by this subsection and any preliminary findings on the topics identified under paragraph (2).
  • 20 U.S.C. § 1098(m)(5)(B)
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    (B) The Advisory Committee shall, not later than three years after August 14, 2008, prepare and submit to the authorizing committees and the Secretary a final report on the study, including recommendations for legislative, regulatory, and administrative changes based on findings related to the topics identified under paragraph (2).
  • 20 U.S.C. § 1099d(d)(1)
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    (1) The Secretary and the Secretary of the Treasury shall submit to the authorizing committees—
    (A) not later than September 1, 2010, a preliminary report regarding the findings of the evaluation described in subsection (c);
    (B) not later than September 1, 2012, an interim report regarding such findings; and
    (C) not later than September 1, 2013, a final report regarding such findings.
  • 20 U.S.C. § 1132–5
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    The Secretary shall, in consultation and collaboration with the Secretary of State, the Secretary of Defense, and the heads of other relevant Federal agencies, submit a report once every two years that identifies areas of national need in foreign language, area, and international studies as such studies relate to government, education, business, and nonprofit needs, and a plan to address those needs. The report shall be provided to the authorizing committees and made available to the public.
  • 20 U.S.C. § 1132–6(e)(2)
    Go to provision →
    (2) submit a report on the results of such study to the authorizing committees.
  • 20 U.S.C. § 1140b(d)(1)
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    (1) Not later than one year after August 14, 2008, the Secretary shall prepare and submit to the authorizing committees, and make available to the public, a report on all demonstration projects awarded grants under this part for any of fiscal years 1999 through 2008, including a review of the activities and program performance of such demonstration projects based on existing information as of the date of the report.
  • 20 U.S.C. § 1140b(d)(2)
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    (2) Not later than three years after the date of the first award of a grant under this subpart after August 14, 2008, the Secretary shall prepare and submit to the authorizing committees, and make available to the public, a report that—
    (A) reviews the activities and program performance of the demonstration projects authorized under this subpart; and
    (B) provides guidance and recommendations on how effective projects can be replicated.
  • 20 U.S.C. § 1140g(f)
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    (f) Not later than five years after the date of the first grant awarded under this section, the Secretary shall prepare and disseminate a report to the authorizing committees and to the public that—
    (1) reviews the activities of the model comprehensive transition and postsecondary programs for students with intellectual disabilities funded under this section; and
    (2) provides guidance and recommendations on how effective model programs can be replicated.
  • 20 U.S.C. § 1140l(b)(2)
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    (2) Not later than one year after the Commission’s first meeting, the Commission shall submit a report to the Secretary and the authorizing committees detailing the findings and recommendations of the study conducted under paragraph (1).
  • 20 U.S.C. § 1140l(c)
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    (c) The Commission shall terminate on the date that is 90 days after the date on which the Commission submits the report under subsection (b)(2) to the Secretary and the authorizing committees.
  • 20 U.S.C. § 1140m(h)
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    (h) Not later than three years after the date of the first grant or contract awarded under this section, the Secretary shall submit to the authorizing committees a report that includes—
    (1) the number of grants and contracts and the amount of funds distributed under this section;
    (2) a summary of the purposes for which the grants and contracts were provided and an evaluation of the progress made under such grants and contracts;
    (3) a summary of the activities implemented under subsection (f) and, as applicable, subsection (g), including data on the number of postsecondary students with print disabilities served and the number of instructional material requests executed and delivered in specialized formats; and
    (4) an evaluation of the effectiveness of programs funded under this section.
  • 20 U.S.C. § 1140q(a)(4)(E)
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    (E) Not later than three years after the establishment of the National Center, and every two years thereafter, the National Center shall prepare and disseminate a report to the Secretary and the authorizing committees analyzing the condition of postsecondary success for students with disabilities. Such report shall include—
    (i) a review of the activities and the effectiveness of the programs authorized under this part;
    (ii) annual enrollment and graduation rates of students with disabilities in institutions of higher education from publicly reported data;
    (iii) recommendations for effective postsecondary supports and services for students with disabilities, and how such supports and services may be widely implemented at institutions of higher education;
    (iv) recommendations on reducing barriers to full participation for students with disabilities in higher education; and
    (v) a description of strategies with a demonstrated record of effectiveness in improving the success of such students in postsecondary education.
  • 20 U.S.C. § 1140q(b)(6)
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    (6) Not later than five years after the date of the establishment of the coordinating center under this subsection, the coordinating center shall report to the Secretary, the authorizing committees, and the National Advisory Committee on Institutional Quality and Integrity on the recommendations of the workgroup described in paragraph (5)(J).
  • 20 U.S.C. § 1161a(h)(3)(B)
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    (B) the authorizing committees.
  • 20 U.S.C. § 1161c(i)
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    (i) Not later than 36 months after the first grant is awarded under this section, the Comptroller General shall report to the authorizing committees recommendations—
    (1) for changes to this chapter and related Acts, such as the Carl D. Perkins Career and Technical Education Act of 2006 [20 U.S.C. 2301 et seq.] and the Workforce Innovation and Opportunity Act (including titles I and II [29 U.S.C. 3111 et seq., 3271 et seq.]), to help create and sustain business and industry workforce partnerships at institutions of higher education; and
    (2) for other changes to this chapter and related Acts to otherwise strengthen the links between business and industry workforce needs, workforce development programs, and other degree credit offerings at institutions of higher education.
  • 20 U.S.C. § 1161f(e)(3)(C)
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    (C) Not later than 120 days after the grantee receives funds to carry out this section for the first fiscal year in which funds become available to carry out this section after August 14, 2008, the independent auditor shall submit a report to the authorizing committees and the Secretary of the findings of the review required under this paragraph, including any recommendations of the independent auditor, as appropriate, with respect to the grantee’s accounting, financial reporting, and internal control systems.
  • 20 U.S.C. § 1161i–6(b)
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    (b) Not later than September 30, 2013, the Secretary, in consultation with the Secretary of Health and Human Services, shall prepare and submit to the authorizing committees an evaluation of the State reports submitted under subsection (a)(2).
  • 20 U.S.C. § 1161k(g)(1)
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    (1) provide a report to the authorizing committees that includes the evaluation and information on best practices and lessons learned during the pilot programs described in this section; and
  • 20 U.S.C. § 1161l–4(b)
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    (b) The Secretary shall provide an update to the authorizing committees on the Secretary’s activities under subsection (a) not later than 180 days after August 14, 2008.

Citations to §1003(3)

Citations to §1003(4)

Citations to §1003(5)

Citations to §1003(6)

Citations to §1003(7)(A)

Citations to §1003(8)

Citations to §1003(9)

Citations to §1003(10)

Citations to §1003(11)

Citations to §1003(12)

Citations to §1003(13)

  • 20 U.S.C. § 1001(a)(4)
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    (4) is a public or other nonprofit institution; and
  • 20 U.S.C. § 1001(b)(2)
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    (2) a public or nonprofit private educational institution in any State that, in lieu of the requirement in subsection (a)(1), admits as regular students individuals—
    (A) who are beyond the age of compulsory school attendance in the State in which the institution is located; or
    (B) who will be dually or concurrently enrolled in the institution and a secondary school.
  • 20 U.S.C. § 1002(a)(3)(C)
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    (C) has a student enrollment in which more than 25 percent of the students are incarcerated, except that the Secretary may waive the limitation contained in this subparagraph for a nonprofit institution that provides a 2- or 4-year program of instruction (or both) for which the institution awards a bachelor’s degree, or an associate’s degree or a postsecondary diploma, respectively; or
  • 20 U.S.C. § 1002(a)(3)(D)
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    (D) has a student enrollment in which more than 50 percent of the students do not have a secondary school diploma or its recognized equivalent, and does not provide a 2- or 4-year program of instruction (or both) for which the institution awards a bachelor’s degree or an associate’s degree, respectively, except that the Secretary may waive the limitation contained in this subparagraph if a nonprofit institution demonstrates to the satisfaction of the Secretary that the institution exceeds such limitation because the institution serves, through contracts with Federal, State, or local government agencies, significant numbers of students who do not have a secondary school diploma or its recognized equivalent.
  • 20 U.S.C. § 1002(a)(4)(A)
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    (A) the institution, or an affiliate of the institution that has the power, by contract or ownership interest, to direct or cause the direction of the management or policies of the institution, has filed for bankruptcy, except that this paragraph shall not apply to a nonprofit institution, the primary function of which is to provide health care educational services (or an affiliate of such an institution that has the power, by contract or ownership interest, to direct or cause the direction of the institution’s management or policies) that files for bankruptcy under chapter 11 of title 11 between July 1, 1998, and December 1, 1998; or
  • 20 U.S.C. § 1011k(b)(1)
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    (1) the applicant under such parts as so in effect (or the applicant’s successor in title or possession) ceases or fails to be a public or nonprofit institution; or
  • 20 U.S.C. § 1015a(d)(2)
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    (2) Four-year private, nonprofit institutions of higher education.
  • 20 U.S.C. § 1015a(d)(5)
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    (5) Two-year private, nonprofit institutions of higher education.
  • 20 U.S.C. § 1015a(d)(8)
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    (8) Less than two-year private, nonprofit institutions of higher education.
  • 20 U.S.C. § 1021(6)(B)(vi)
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    (vi) A public or private nonprofit educational organization.
  • 20 U.S.C. § 1032(d)(5)
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    (5) Not less than one entity with the capacity to contribute to the technology-related reform of teacher preparation programs, which may be a professional association, foundation, museum, library, for-profit business, public or private nonprofit organization, community-based organization, or other entity.
  • 20 U.S.C. § 1059e(b)(2)(C)
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    (C) attended a public or nonprofit private secondary school that—
    (i) is in the school district of a local educational agency that was eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311 et seq.] for any year during which the student attended such secondary school; and
    (ii) for the purpose of this paragraph and for such year of attendance, was determined by the Secretary (pursuant to regulations and after consultation with the State educational agency of the State in which the school is located) to be a school in which the enrollment of children meeting a measure of poverty under section 1113(a)(5) of such Act [20 U.S.C. 6313(a)(5)] exceeds 30 percent of the total enrollment of such school; or
  • 20 U.S.C. § 1067g(1)
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    (1) public and private nonprofit institutions of higher education that—
    (A) award baccalaureate degrees; and
    (B) are minority institutions;
  • 20 U.S.C. § 1067g(2)
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    (2) public or private nonprofit institutions of higher education that—
    (A) award associate degrees; and
    (B) are minority institutions that—
    (i) have a curriculum that includes science or engineering subjects; and
    (ii) enter into a partnership with public or private nonprofit institutions of higher education that award baccalaureate degrees in science and engineering;
  • 20 U.S.C. § 1067g(2)(B)(ii)
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    (ii) enter into a partnership with public or private nonprofit institutions of higher education that award baccalaureate degrees in science and engineering;
  • 20 U.S.C. § 1067g(3)
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    (3) nonprofit science-oriented organizations, professional scientific societies, and institutions of higher education that award baccalaureate degrees, that—
    (A) provide a needed service to a group of minority institutions; or
    (B) provide in-service training for project directors, scientists, and engineers from minority institutions;
  • 20 U.S.C. § 1067g(4)(A)
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    (A) public and private nonprofit institutions of higher education which have a curriculum in science or engineering;
  • 20 U.S.C. § 1067k(7)
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    (7) The term “cooperative grant” means a grant that assists groups of nonprofit accredited colleges and universities to work together to conduct a science improvement program.
  • 20 U.S.C. § 1067q(c)(3)(C)
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    (C) attended a public or nonprofit private secondary school—
    (i) that is in the school district of a local educational agency that was eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311 et seq.] for any year during which the student attended such secondary school; and
    (ii) which for the purpose of this paragraph and for that year was determined by the Secretary (pursuant to regulations and after consultation with the State educational agency of the State in which the school is located) to be a school in which the enrollment of children counted under a measure of poverty described in section 1113(a)(5) of such Act [20 U.S.C. 6313(a)(5)] exceeds 30 percent of the total enrollment of such school; or
  • 20 U.S.C. § 1070a–17(a)
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    (a) For the purpose of improving the operation of the programs and projects authorized by this division, the Secretary is authorized to make grants to institutions of higher education and other public and private nonprofit institutions and organizations to provide training for staff and leadership personnel employed in, participating in, or preparing for employment in, such programs and projects.
  • 20 U.S.C. § 1070a–23(c)(3)
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    (3) the amount expended on documented, targeted, long-term mentoring and counseling provided by volunteers or paid staff of nonschool organizations, including businesses, religious organizations, community groups, postsecondary educational institutions, nonprofit and philanthropic organizations, and other organizations; and
  • 20 U.S.C. § 1070a–24(e)
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    (e) In the case of eligible entities described in section 1070a–21(c)(1) of this title, the activities required by this section may be provided by service providers such as community-based organizations, schools, institutions of higher education, public and private agencies, nonprofit and philanthropic organizations, businesses, institutions and agencies sponsoring programs authorized under subpart 4, and other organizations the State determines appropriate.
  • 20 U.S.C. § 1070c–2(b)(5)
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    (5) provides that, effective with respect to any academic year beginning on or after October 1, 1978, all nonprofit institutions of higher education in the State are eligible to participate in the State program, except in any State in which participation of nonprofit institutions of higher education is in violation of the constitution of the State or in any State in which participation of nonprofit institutions of higher education is in violation of a statute of the State which was enacted prior to October 1, 1978;
  • 20 U.S.C. § 1070c–4
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    For the purpose of this subpart, the term “community service” means services, including direct service, planning, and applied research which are identified by an institution of higher education, through formal or informal consultation with local nonprofit, governmental, and community-based organizations, and which—
  • 20 U.S.C. § 1070d–2(a)
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    (a) The Secretary shall maintain and expand existing secondary and postsecondary high school equivalency program and college assistance migrant program projects located at institutions of higher education or at private nonprofit organizations working in cooperation with institutions of higher education.
  • 20 U.S.C. § 1071(a)(1)(A)
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    (A) to encourage States and nonprofit private institutions and organizations to establish adequate loan insurance programs for students in eligible institutions (as defined in section 1085 of this title),
  • 20 U.S.C. § 1071(a)(1)(B)
    Go to provision →
    (B) to provide a Federal program of student loan insurance for students or lenders who do not have reasonable access to a State or private nonprofit program of student loan insurance covered by an agreement under section 1078(b) of this title,
  • 20 U.S.C. § 1071(a)(1)(D)
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    (D) to guarantee a portion of each loan insured under a program of a State or of a nonprofit private institution or organization which meets the requirements of section 1078(a)(1)(B) of this title.
  • 20 U.S.C. § 1071(b)(3)
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    (3) there is authorized to be appropriated the sum of $17,500,000 for making advances pursuant to section 1072 of this title for the reserve funds of State and nonprofit private student loan insurance programs,
  • 20 U.S.C. § 1071(b)(4)
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    (4) there are authorized to be appropriated (A) the sum of $12,500,000 for making advances after June 30, 1968, pursuant to sections 1072(a) and (b) of this title, and (B) such sums as may be necessary for making advances pursuant to section 1072(c) of this title, for the reserve funds of State and nonprofit private student loan insurance programs,
  • 20 U.S.C. § 1072(a)(1)
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    (1) From sums appropriated pursuant to paragraphs (3) and (4)(A) of section 1071(b) of this title, the Secretary is authorized to make advances to any State with which the Secretary has made an agreement pursuant to section 1078(b) of this title for the purpose of helping to establish or strengthen the reserve fund of the student loan insurance program covered by that agreement. If for any fiscal year a State does not have a student loan insurance program covered by an agreement made pursuant to section 1078(b) of this title, and the Secretary determines after consultation with the chief executive officer of that State that there is no reasonable likelihood that the State will have such a student loan insurance program for such year, the Secretary may make advances for such year for the same purpose to one or more nonprofit private institutions or organizations with which the Secretary has made an agreement pursuant to section 1078(b) of this title in order to enable students in the State to participate in a program of student loan insurance covered by such an agreement. The Secretary may make advances under this subsection both to a State program (with which he has such an agreement) and to one or more nonprofit private institutions or organizations (with which he has such an agreement) in that State if he determines that such advances are necessary in order that students in each eligible institution have access through such institution to a student loan insurance program which meets the requirements of section 1078(b)(1) of this title.
  • 20 U.S.C. § 1072(b)(1)
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    (1) The total of the advances from the sums appropriated pursuant to paragraph (4)(A) of section 1071(b) of this title to nonprofit private institutions and organizations for the benefit of students in any State and to such State may not exceed an amount which bears the same ratio to such sums as the population of such State aged 18 to 22, inclusive, bears to the population of all the States aged 18 to 22 inclusive, but such advances may otherwise be in such amounts as the Secretary determines will best achieve the purposes for which they are made. The amount available for advances to any State shall not be less than $25,000 and any additional funds needed to meet this requirement shall be derived by proportionately reducing (but not below $25,000) the amount available for advances to each of the remaining States.
  • 20 U.S.C. § 1072(c)(6)(A)
    Go to provision →
    (A) If for any fiscal year a State does not have a student loan insurance program covered by an agreement made pursuant to section 1078(b) of this title, and the Secretary determines after consultation with the chief executive officer of that State that there is no reasonable likelihood that the State will have such a student loan insurance program for such year, the Secretary may make advances pursuant to this subsection for such year for the same purpose to one or more nonprofit private institutions or organizations with which he has made an agreement pursuant to subsection (c), as well as subsection (b), of section 1078 of this title and subparagraph (B) of this paragraph in order to enable students in that State to participate in a program of student loan insurance covered by such agreements.
  • 20 U.S.C. § 1072(c)(6)(B)
    Go to provision →
    (B) The Secretary may enter into an agreement with a private nonprofit institution or organization for the purpose of this paragraph under which such institution or organization—
    (i) agrees to establish within such State at least one office with sufficient staff to handle written, electronic, and telephone inquiries from students, eligible lenders, and other persons in the State, to encourage maximum commercial lender participation within the State, and to conduct periodic visits to at least the major eligible lenders within the State;
    (ii) agrees that its insurance will not be denied any student because of his or her choice of eligible institutions; and
    (iii) certifies that it is neither an eligible institution, nor has any substantial affiliation with an eligible institution.
  • 20 U.S.C. § 1073(a)
    Go to provision →
    (a) Except as provided in subsection (b), the Secretary shall not issue certificates of insurance under section 1079 of this title to lenders in a State if the Secretary determines that every eligible institution has reasonable access in that State to a State or private nonprofit student loan insurance program which is covered by an agreement under section 1078(b) of this title.
  • 20 U.S.C. § 1073(b)(1)
    Go to provision →
    (1) for insurance of a loan made to a student borrower who does not, by reason of the borrower’s residence, have access to loan insurance under the loan insurance program of such State (or under any private nonprofit loan insurance program which has received an advance under section 1072 of this title for the benefit of students in such State);
  • 20 U.S.C. § 1073(b)(2)
    Go to provision →
    (2) for insurance of all the loans made to student borrowers by a lender who satisfies the Secretary that, by reason of the residence of such borrowers, such lender will not have access to any single State or nonprofit private loan insurance program which will insure substantially all of the loans such lender intends to make to such student borrowers; or
  • 20 U.S.C. § 1078(a)(1)(B)
    Go to provision →
    (B) which is insured under a program of a State or of a nonprofit private institution or organization which was contracted for, and paid to the student, within the period specified in paragraph (5), and which—
    (i) in the case of a loan insured prior to July 1, 1967, was made by an eligible lender and is insured under a program which meets the requirements of subparagraph (E) of subsection (b)(1) and provides that repayment of such loan shall be in installments beginning not earlier than 60 days after the student ceases to pursue a course of study (as described in subparagraph (D) of subsection (b)(1)) at an eligible institution, or
    (ii) in the case of a loan insured after June 30, 1967, was made by an eligible lender and is insured under a program covered by an agreement made pursuant to subsection (b),
  • 20 U.S.C. § 1078(b)(1)
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    (1) Any State or any nonprofit private institution or organization may enter into an agreement with the Secretary for the purpose of entitling students who receive loans which are insured under a student loan insurance program of that State, institution, or organization to have made on their behalf the payments provided for in subsection (a) if the Secretary determines that the student loan insurance program—
    (A) authorizes the insurance in any academic year, as defined in section 1088(a)(2) of this title, or its equivalent (as determined under regulations of the Secretary) for any student who is carrying at an eligible institution or in a program of study abroad approved for credit by the eligible home institution at which such student is enrolled at least one-half the normal full-time academic workload (as determined by the institution) in any amount up to a maximum of—
    (i) in the case of a student at an eligible institution who has not successfully completed the first year of a program of undergraduate education—
    (I) $3,500, if such student is enrolled in a program whose length is at least one academic year in length; and
    (II) if such student is enrolled in a program of undergraduate education which is less than 1 academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause (I) as the length of such program measured in semester, trimester, quarter, or clock hours bears to 1 academic year;
    (ii) in the case of a student at an eligible institution who has successfully completed such first year but has not successfully completed the remainder of a program of undergraduate education—
    (I) $4,500; or
    (II) if such student is enrolled in a program of undergraduate education, the remainder of which is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause (I) as such remainder measured in semester, trimester, quarter, or clock hours bears to one academic year;
    (iii) in the case of a student at an eligible institution who has successfully completed the first and second years of a program of undergraduate education but has not successfully completed the remainder of such program—
    (I) $5,500; or
    (II) if such student is enrolled in a program of undergraduate education, the remainder of which is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause (I) as such remainder measured in semester, trimester, quarter, or clock hours bears to one academic year;
    (iv) in the case of a student who has received an associate or baccalaureate degree and is enrolled in an eligible program for which the institution requires such degree for admission, the number of years that a student has completed in a program of undergraduate education shall, for the purposes of clauses (ii) and (iii), include any prior enrollment in the eligible program of undergraduate education for which the student was awarded such degree;
    (v) in the case of a graduate or professional student (as defined in regulations of the Secretary) at an eligible institution, $8,500; and
    (vi) in the case of a student enrolled in coursework specified in sections 1091(b)(3)(B) and 1091(b)(4)(B) of this title—
    (I) $2,625 for coursework necessary for enrollment in an undergraduate degree or certificate program, and, in the case of a student who has obtained a baccalaureate degree, $5,500 for coursework necessary for enrollment in a graduate or professional degree or certification program; and
    (II) in the case of a student who has obtained a baccalaureate degree, $5,500 for coursework necessary for a professional credential or certification from a State required for employment as a teacher in an elementary school or secondary school;
    except in cases where the Secretary determines, pursuant to regulations, that a higher amount is warranted in order to carry out the purpose of this part with respect to students engaged in specialized training requiring exceptionally high costs of education, but the annual insurable limit per student shall not be deemed to be exceeded by a line of credit under which actual payments by the lender to the borrower will not be made in any years in excess of the annual limit;
    (B) provides that the aggregate insured unpaid principal amount for all such insured loans made to any student shall be any amount up to a maximum of—
    (i) $23,000, in the case of any student who has not successfully completed a program of undergraduate education, excluding loans made under section 1078–11 or 1078–2 of this title; and
    (ii) $65,500, in the case of any graduate or professional student (as defined by regulations of the Secretary), and (I) including any loans which are insured by the Secretary under this section, or by a guaranty agency, made to such student before the student became a graduate or professional student, but (II) excluding loans made under section 1078–11 or 1078–2 of this title,
    except that the Secretary may increase the limit applicable to students who are pursuing programs which the Secretary determines are exceptionally expensive;
    (C) authorizes the insurance of loans to any individual student for at least 6 academic years of study or their equivalent (as determined under regulations of the Secretary);
    (D) provides that (i) the student borrower shall be entitled to accelerate without penalty the whole or any part of an insured loan, (ii) the student borrower may annually change the selection of a repayment plan under this part, and (iii) the note, or other written evidence of any loan, may contain such reasonable provisions relating to repayment in the event of default by the borrower as may be authorized by regulations of the Secretary in effect at the time such note or written evidence was executed, and shall contain a notice that repayment may, following a default by the borrower, be subject to income contingent repayment in accordance with subsection (m);
    (E) subject to subparagraphs (D) and (L), and except as provided by subparagraph (M), provides that—
    (i) not more than 6 months prior to the date on which the borrower’s first payment is due, the lender shall offer the borrower of a loan made, insured, or guaranteed under this section or section 1078–8 of this title, the option of repaying the loan in accordance with a standard, graduated, income-sensitive, or extended repayment schedule (as described in paragraph (9)) established by the lender in accordance with regulations of the Secretary; and
    (ii) repayment of loans shall be in installments in accordance with the repayment plan selected under paragraph (9) and commencing at the beginning of the repayment period determined under paragraph (7);
    (F) authorizes interest on the unpaid balance of the loan at a yearly rate not in excess (exclusive of any premium for insurance which may be passed on to the borrower) of the rate required by section 1077a of this title;
    (G) insures 98 percent of the unpaid principal of loans insured under the program, except that—
    (i) such program shall insure 100 percent of the unpaid principal of loans made with funds advanced pursuant to subsection (j);
    (ii) for any loan for which the first disbursement of principal is made on or after July 1, 2006, and before July 1, 2010, the preceding provisions of this subparagraph shall be applied by substituting “97 percent” for “98 percent”; and
    (iii) notwithstanding the preceding provisions of this subparagraph, such program shall insure 100 percent of the unpaid principal amount of exempt claims as defined in subsection (c)(1)(G);
    (H) provides—
    (i) for loans for which the date of guarantee of principal is before July 1, 2006, for the collection of a single insurance premium equal to not more than 1.0 percent of the principal amount of the loan, by deduction proportionately from each installment payment of the proceeds of the loan to the borrower, and ensures that the proceeds of the premium will not be used for incentive payments to lenders; or
    (ii) for loans for which the date of guarantee of principal is on or after July 1, 2006, and that are first disbursed before July 1, 2010, for the collection, and the deposit into the Federal Student Loan Reserve Fund under section 1072a of this title of a Federal default fee of an amount equal to 1.0 percent of the principal amount of the loan, which fee shall be collected either by deduction from the proceeds of the loan or by payment from other non-Federal sources, and ensures that the proceeds of the Federal default fee will not be used for incentive payments to lenders;
    (I) provides that the benefits of the loan insurance program will not be denied any student who is eligible for interest benefits under subsection (a)(1) and (2);
    (J) provides that a student may obtain insurance under the program for a loan for any year of study at an eligible institution;
    (K) in the case of a State program, provides that such State program is administered by a single State agency, or by one or more nonprofit private institutions or organizations under supervision of a single State agency;
    (L) provides that the total of the payments by borrower—
    (i) except as otherwise provided by a repayment plan selected by the borrower under clause (ii), (iii), or (v) of paragraph (9)(A), during any year of any repayment period with respect to the aggregate amount of all loans to that borrower which are insured under this part shall not, unless the borrower and the lender otherwise agree, be less than $600 or the balance of all such loans (together with interest thereon), whichever amount is less (but in no instance less than the amount of interest due and payable, notwithstanding any payment plan under paragraph (9)(A)); and
    (ii) for a monthly or other similar payment period with respect to the aggregate of all loans held by the lender may, when the amount of a monthly or other similar payment is not a multiple of $5, be rounded to the next highest whole dollar amount that is a multiple of $5;
    (M) provides that periodic installments of principal need not be paid, but interest shall accrue and be paid by the Secretary, during any period—
    (i) during which the borrower—
    (I) is pursuing at least a half-time course of study as determined by an eligible institution, except that no borrower, notwithstanding the provisions of the promissory note, shall be required to borrow an additional loan under this subchapter in order to be eligible to receive a deferment under this clause; or
    (II) is pursuing a course of study pursuant to a graduate fellowship program approved by the Secretary, or pursuant to a rehabilitation training program for disabled individuals approved by the Secretary,
    except that no borrower shall be eligible for a deferment under this clause, or loan made under this part (other than a loan made under section 1078–2 or 1078–3 of this title), while serving in a medical internship or residency program;
    (ii) not in excess of 3 years during which the borrower is seeking and unable to find full-time employment, except that no borrower who provides evidence of eligibility for unemployment benefits shall be required to provide additional paperwork for a deferment under this clause;
    (iii) during which the borrower—
    (I) is serving on active duty during a war or other military operation or national emergency; or
    (II) is performing qualifying National Guard duty during a war or other military operation or national emergency,
    and for the 180-day period following the demobilization date for the service described in subclause (I) or (II);
    (iv) not in excess of 3 years for any reason which the lender determines, in accordance with regulations prescribed by the Secretary under section 1085(o) of this title, has caused or will cause the borrower to have an economic hardship; or
    (v) during which the borrower is receiving treatment for cancer and the 6 months after such period;
    (N) provides that funds borrowed by a student—
    (i) are disbursed to the institution by check or other means that is payable to, and requires the endorsement or other certification by, such student;
    (ii) in the case of a student who is studying outside the United States in a program of study abroad that is approved for credit by the home institution at which such student is enrolled, and only after verification of the student’s enrollment by the lender or guaranty agency, are, at the request of the student, disbursed directly to the student by the means described in clause (i), unless such student requests that the check be endorsed, or the funds transfer be authorized, pursuant to an authorized power-of-attorney; or
    (iii) in the case of a student who is studying outside the United States in a program of study at an eligible foreign institution, are, at the request of the foreign institution, disbursed directly to the student, only after verification of the student’s enrollment by the lender or guaranty agency by the means described in clause (i).2
    (O) provides that the proceeds of the loans will be disbursed in accordance with the requirements of section 1078–7 of this title;
    (P) requires the borrower to notify the institution concerning any change in local address during enrollment and requires the borrower and the institution at which the borrower is in attendance promptly to notify the holder of the loan, directly or through the guaranty agency, concerning (i) any change of permanent address, (ii) when the student ceases to be enrolled on at least a half-time basis, and (iii) any other change in status, when such change in status affects the student’s eligibility for the loan;
    (Q) provides for the guarantee of loans made to students and parents under sections 1078–11 and 1078–2 of this title;
    (R) with respect to lenders which are eligible institutions, provides for the insurance of loans by only such institutions as are located within the geographic area served by such guaranty agency;
    (S) provides no restrictions with respect to the insurance of loans for students who are otherwise eligible for loans under such program if such a student is accepted for enrollment in or is attending an eligible institution within the State, or if such a student is a legal resident of the State and is accepted for enrollment in or is attending an eligible institution outside that State;
    (T) authorizes (i) the limitation of the total number of loans or volume of loans, made under this part to students attending a particular eligible institution during any academic year; and (ii) the limitation, suspension, or termination of the eligibility of an eligible institution if—
    (I) such institution is ineligible for the emergency action, limitation, suspension, or termination of eligible institutions under regulations issued by the Secretary or is ineligible pursuant to criteria, rules, or regulations issued under the student loan insurance program which are substantially the same as regulations with respect to emergency action, limitation, suspension, or termination of such eligibility issued by the Secretary;
    (II) there is a State constitutional prohibition affecting the eligibility of such an institution;
    (III) such institution fails to make timely refunds to students as required by regulations issued by the Secretary or has not satisfied within 30 days of issuance a final judgment obtained by a student seeking such a refund;
    (IV) such institution or an owner, director, or officer of such institution is found guilty in any criminal, civil, or administrative proceeding, or such institution or an owner, director, or officer of such institution is found liable in any civil or administrative proceeding, regarding the obtaining, maintenance, or disbursement of State or Federal grant, loan, or work assistance funds; or
    (V) such institution or an owner, director, or officer of such institution has unpaid financial liabilities involving the improper acquisition, expenditure, or refund of State or Federal financial assistance funds;
    except that, if a guaranty agency limits, suspends, or terminates the participation of an eligible institution, the Secretary shall apply that limitation, suspension, or termination to all locations of such institution, unless the Secretary finds, within 30 days of notification of the action by the guaranty agency, that the guaranty agency’s action did not comply with the requirements of this section;
    (U) provides (i) for the eligibility of all lenders described in section 1085(d)(1) of this title under reasonable criteria, unless (I) that lender is eliminated as a lender under regulations for the emergency action, limitation, suspension, or termination of a lender under the Federal student loan insurance program or is eliminated as a lender pursuant to criteria issued under the student loan insurance program which are substantially the same as regulations with respect to such eligibility as a lender issued under the Federal student loan insurance program, or (II) there is a State constitutional prohibition affecting the eligibility of a lender, (ii) assurances that the guaranty agency will report to the Secretary concerning changes in such criteria, including any procedures in effect under such program to take emergency action, limit, suspend, or terminate lenders, and (iii) for (I) a compliance audit of each lender that originates or holds more than $5,000,000 in loans made under this subchapter for any lender fiscal year (except that each lender described in section 1085(d)(1)(A)(ii)(III) of this title shall annually submit the results of an audit required by this clause), at least once a year and covering the period since the most recent audit, conducted by a qualified, independent organization or person in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Secretary, or (II) with regard to a lender that is audited under chapter 75 of title 31, such audit shall be deemed to satisfy the requirements of subclause (I) for the period covered by such audit, except that the Secretary may waive the requirements of this clause (iii) if the lender submits to the Secretary the results of an audit conducted for other purposes that the Secretary determines provides the same information as the audits required by this clause;
    (V) provides authority for the guaranty agency to require a participation agreement between the guaranty agency and each eligible institution within the State in which it is designated, as a condition for guaranteeing loans made on behalf of students attending the institution;
    (W) provides assurances that the agency will implement all requirements of the Secretary for uniform claims and procedures pursuant to section 1082(l) of this title;
    (X) provides information to the Secretary in accordance with subsection (c)(9) and maintains reserve funds determined by the Secretary to be sufficient in relation to such agency’s guarantee obligations; and
    (Y) provides that—
    (i) the lender shall determine the eligibility of a borrower for a deferment described in subparagraph (M)(i) based on—
    (I) receipt of a request for deferment from the borrower and documentation of the borrower’s eligibility for the deferment;
    (II) receipt of a newly completed loan application that documents the borrower’s eligibility for a deferment;
    (III) receipt of student status information documenting that the borrower is enrolled on at least a half-time basis; or
    (IV) the lender’s confirmation of the borrower’s half-time enrollment status through use of the National Student Loan Data System, if the confirmation is requested by the institution of higher education;
    (ii) the lender will notify the borrower of the granting of any deferment under clause (i)(II) or (III) of this subparagraph and of the option to continue paying on the loan; and
    (iii) the lender shall, at the time the lender grants a deferment to a borrower who received a loan under section 1078–8 of this title and is eligible for a deferment under subparagraph (M) of this paragraph, provide information to the borrower to assist the borrower in understanding the impact of the capitalization of interest on the borrower’s loan principal and on the total amount of interest to be paid during the life of the loan.
  • 20 U.S.C. § 1078(b)(1)(K)
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    (K) in the case of a State program, provides that such State program is administered by a single State agency, or by one or more nonprofit private institutions or organizations under supervision of a single State agency;
  • 20 U.S.C. § 1078(g)
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    (g) If a nonprofit private institution or organization—
    (1) applies to enter into an agreement with the Secretary under subsections (b) and (c) with respect to a student loan insurance program to be carried on in a State with which the Secretary does not have an agreement under subsection (b), and
    (2) as provided in the application, undertakes to meet the requirements of section 1072(c)(6)(B)(i), (ii), and (iii) of this title,
    the Secretary shall consider and act upon such application within 180 days, and shall forthwith notify the authorizing committees of his actions.
  • 20 U.S.C. § 1078–11(b)(9)(D)
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    (D) public interest legal services (including prosecution, public defense, or legal advocacy in low-income communities at a nonprofit organization).
  • 20 U.S.C. § 1078–11(g)(4)(C)(iii)
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    (iii) a nonprofit or community based organization; or
  • 20 U.S.C. § 1078–12(b)(1)(A)(i)
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    (i) a nonprofit organization that provides legal assistance with respect to civil matters to low-income individuals without a fee; or
  • 20 U.S.C. § 1078–8(h)
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    (h) Each State or nonprofit private institution or organization having an agreement with the Secretary under section 1078(b)(1) of this title may charge a borrower under this section an insurance premium equal to not more than 1.0 percent of the principal amount of the loan, if such premium will not be used for incentive payments to lenders. Effective for loans for which the date of guarantee of principal is on or after July 1, 2006, and that are first disbursed before July 1, 2010, in lieu of the insurance premium authorized under the preceding sentence, each State or nonprofit private institution or organization having an agreement with the Secretary under section 1078(b)(1) of this title shall collect and deposit into the Federal Student Loan Reserve Fund under section 1072a of this title, a Federal default fee of an amount equal to 1.0 percent of the principal amount of the loan, which fee shall be collected either by deduction from the proceeds of the loan or by payment from other non-Federal sources. The Federal default fee shall not be used for incentive payments to lenders.
  • 20 U.S.C. § 1082(c)(1)(B)
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    (B) The data indicated in subparagraph (A) of this paragraph shall be accumulated according to the category of lender making the loan and shall be accumulated separately for lenders who are (i) eligible institutions, (ii) State or private, nonprofit direct lenders, (iii) commercial financial institutions who are banks, savings and loan associations, or credit unions, and (iv) all other types of institutions or agencies.
  • 20 U.S.C. § 1083(b)(13)
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    (13) additional resources, including nonprofit organizations, advocates, and counselors (including the Student Loan Ombudsman of the Department) of which the lender is aware, where borrowers may receive advice and assistance on loan repayment.
  • 20 U.S.C. § 1083(e)(3)(E)
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    (E) Additional resources, including nonprofit organizations, advocates, and counselors (including the Student Loan Ombudsman of the Department), of which the lender is aware, where the borrower can receive advice and assistance on loan repayment.
  • 20 U.S.C. § 1084
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    Notwithstanding any other provision of law, Federal credit unions shall, pursuant to regulations of the National Credit Union Administration, have power to make insured loans to student members in accordance with the provisions of this part relating to federally insured loans, or in accordance with the provisions of any State or nonprofit private student loan insurance program which meets the requirements of section 1078(a)(1)(B) of this title.
  • 20 U.S.C. § 1085(d)(1)(A)(ii)
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    (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, (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(a) 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, or (IV) it is a National or State chartered bank, or a credit union, with assets of less than $1,000,000,000;
  • 20 U.S.C. § 1085(d)(1)(D)
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    (D) in any State, a single agency of the State or a single nonprofit private agency designated by the State;
  • 20 U.S.C. § 1085(d)(1)(J)
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    (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
  • 20 U.S.C. § 1085(j)
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    (j) 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.
  • 20 U.S.C. § 1085(m)(4)(A)
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    (A) The Secretary shall publish not less often than once every fiscal year a report showing cohort default data and life of cohort default rates for each category of institution, including: (i) four-year public institutions; (ii) four-year private nonprofit institutions; (iii) two-year public institutions; (iv) two-year private nonprofit institutions; (v) four-year proprietary institutions; (vi) two-year proprietary institutions; and (vii) less than two-year proprietary institutions. For purposes of this subparagraph, for any fiscal year in which one or more current and former students at an institution enter repayment on loans under section 1078, 1078–2, or 1078–8 of this title, received for attendance at the institution, the Secretary shall publish 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 the institution in that fiscal year who default before the end of each succeeding fiscal year.
  • 20 U.S.C. § 1087e(m)(3)(B)(i)
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    (i) a full-time job in emergency management, government (excluding time served as a member of Congress), military service, public safety, law enforcement, public health (including nurses, nurse practitioners, nurses in a clinical setting, and full-time professionals engaged in health care practitioner occupations and health care support occupations, as such terms are defined by the Bureau of Labor Statistics), public education, social work in a public child or family service agency, public interest law services (including prosecution or public defense or legal advocacy on behalf of low-income communities at a nonprofit organization), early childhood education (including licensed or regulated childcare, Head Start, and State funded prekindergarten), public service for individuals with disabilities, public service for the elderly, public library sciences, school-based library sciences and other school-based services, or at an organization that is described in section 501(c)(3) of title 26 and exempt from taxation under section 501(a) of such title; or
  • 20 U.S.C. § 1087ee(a)(2)(A)(i)
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    (i) in a public or other nonprofit private elementary school or secondary school, which, for the purpose of this paragraph and for that year—
    (I) has been determined by the Secretary (pursuant to regulations of the Secretary and after consultation with the State educational agency of the State in which the school is located) to be a school in which the number of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6313(a)(5)], exceeds 30 percent of the total number of children enrolled in such school; and
    (II) is in the school district of a local educational agency which is eligible in such year for assistance pursuant to part A of title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311 et seq.]; or
  • 20 U.S.C. § 1087ee(a)(2)(A)(ii)
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    (ii) in one or more public, or nonprofit private, elementary schools or secondary schools or locations operated by an educational service agency that have been determined by the Secretary (pursuant to regulations of the Secretary and after consultation with the State educational agency of the State in which the educational service agency operates) to be a school or location at which the number of children taught who meet a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6313(a)(5)], exceeds 30 percent of the total number of children taught at such school or location;
  • 20 U.S.C. § 1087ee(a)(2)(C)
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    (C) as a full-time special education teacher, including teachers of infants, toddlers, children, or youth with disabilities in a public or other nonprofit elementary or secondary school system, including a system administered by an educational service agency, or as a full-time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by the lead agency as authorized in section 1435(a)(10) of this title;
  • 20 U.S.C. § 1087ee(a)(2)(I)
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    (I) as a full-time employee of a public or private nonprofit child or family service agency who is providing, or supervising the provision of, services to high-risk children who are from low-income communities and the families of such children;
  • 20 U.S.C. § 1087hh(4)
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    (4) to enter into a contract or other arrangement with State or nonprofit agencies and, on a competitive basis, with collection agencies for servicing and collection of loans under this part.
  • 20 U.S.C. § 1087–1(b)(2)(B)(vii)(I)
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    (I) was, as of February 8, 2006, and during the quarter for which the special allowance is paid, a unit of State or local government or a nonprofit private entity;
  • 20 U.S.C. § 1087–51(c)
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    (c) For purposes of this part, the term “community services” means services which are identified by an institution of higher education, through formal or informal consultation with local nonprofit, governmental, and community-based organizations, as designed to improve the quality of life for community residents, particularly low-income individuals, or to solve particular problems related to their needs, including—
    (1) such fields as health care, child care (including child care services provided on campus that are open and accessible to the community), literacy training, education (including tutorial services), welfare, social services, transportation, housing and neighborhood improvement, public safety, emergency preparedness and response, crime prevention and control, recreation, rural development, and community improvement;
    (2) work in a project, as defined in section 12511(20)1 of title 42;
    (3) support services to students with disabilities, including students with disabilities who are enrolled at the institution; and
    (4) activities in which a student serves as a mentor for such purposes as—
    (A) tutoring;
    (B) supporting educational and recreational activities; and
    (C) counseling, including career counseling.
  • 20 U.S.C. § 1087–53(b)(1)
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    (1) provide for the operation by the institution of a program for the part-time employment, including internships, practica, or research assistantships as determined by the Secretary, of its students in work for the institution itself, work in community service or work in the public interest for a Federal, State, or local public agency or private nonprofit organization under an arrangement between the institution and such agency or organization, and such work—
    (A) will not result in the displacement of employed workers or impair existing contracts for services;
    (B) will be governed by such conditions of employment as will be appropriate and reasonable in light of such factors as type of work performed, geographical region, and proficiency of the employee;
    (C) does not involve the construction, operation, or maintenance of so much of any facility as is used or is to be used for sectarian instruction or as a place for religious worship; and
    (D) will not pay any wage to students employed under this subpart1 that is less than the current Federal minimum wage as mandated by section 206 of title 29;
  • 20 U.S.C. § 1087–53(b)(5)(A)(i)
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    (i) the student is employed at a nonprofit private organization or a government agency that—
    (I) is not a part of, and is not owned, operated, or controlled by, or under common ownership, operation, or control with, the institution;
    (II) is selected by the institution on an individual case-by-case basis for such student; and
    (III) would otherwise be unable to afford the costs of such employment; and
  • 20 U.S.C. § 1087–53(b)(10)
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    (10) provide assurances that the institution will inform all eligible students of the opportunity to perform community service, and will consult with local nonprofit, governmental, and community-based organizations to identify such opportunities; and
  • 20 U.S.C. § 1087–57(a)(3)
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    (3) collaboration with public and private nonprofit agencies, and programs assisted under the National and Community Service Act of 1990 [42 U.S.C. 12501 et seq.] in the planning, development, and administration of such programs.
  • 20 U.S.C. § 1087–58(e)(1)(A)
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    (A) has been a public or private nonprofit, four-year, degree-granting institution with a commitment to community service;
  • 20 U.S.C. § 1088(c)
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    (c) For purposes of this subchapter, the term “third party servicer” means any individual, any State, or any private, for-profit or nonprofit organization, which enters into a contract with—
    (1) any eligible institution of higher education to administer, through either manual or automated processing, any aspect of such institution’s student assistance programs under this subchapter; or
    (2) any guaranty agency, or any eligible lender, to administer, through either manual or automated processing, any aspect of such guaranty agency’s or lender’s student loan programs under part B of this subchapter, including originating, guaranteeing, monitoring, processing, servicing, or collecting loans.
  • 20 U.S.C. § 1088a
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    Notwithstanding any other provision of this chapter, any regulations promulgated by the Secretary concerning the relationship between clock hours and semester, trimester, or quarter hours in calculating student grant, loan, or work assistance under this subchapter, shall not apply to a public or private nonprofit hospital-based school of nursing that awards a diploma at the completion of the school’s program of education.
  • 20 U.S.C. § 1090(b)(2)(A)
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    (A) Not later than 9 months after December 27, 2020, the Secretary shall begin consumer testing the design of the Free Application for Federal Student Aid under this section with prospective first-generation college students, representatives of students (including low-income students, English learners, first-generation college students, adult students, veterans, servicemembers, and prospective students), students’ families (including low-income families, families with English learners, families with first-generation college students, and families with prospective students), institutions of higher education, secondary school and postsecondary counselors, and nonprofit consumer groups.
  • 20 U.S.C. § 1092b(e)(2)(B)
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    (B) a licensed attorney representing a student, borrower, or parent, or another individual who works for a Federal, State, local, or Tribal government or agency, or for a nonprofit organization, providing financial or student loan repayment counseling to a student, borrower, or parent, if—
    (i) that attorney or other individual has never engaged in unfair, deceptive, or abusive practices, as determined by the Secretary;
    (ii) that attorney or other individual does not work for an entity that has engaged in unfair, deceptive, or abusive practices (including an entity that is owned or operated by a person or entity that engaged in such practices), as determined by the Secretary;
    (iii) system access is provided only through a separate point of entry; and
    (iv) the attorney or other individual has consent from the relevant student, borrower, or parent to access the system.
  • 20 U.S.C. § 1099c(c)(2)
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    (2) Notwithstanding paragraph (1), if an institution fails to meet criteria prescribed by the Secretary regarding ratios that demonstrate financial responsibility, then the institution shall provide the Secretary with satisfactory evidence of its financial responsibility in accordance with paragraph (3). Such criteria shall take into account any differences in generally accepted accounting principles, and the financial statements required thereunder, that are applicable to for-profit, public, and nonprofit institutions. The Secretary shall take into account an institution’s total financial circumstances in making a determination of its ability to meet the standards herein required.
  • 20 U.S.C. § 1121(a)(5)
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    (5) Cooperative efforts among the Federal Government, institutions of higher education, and the private sector are necessary to promote the generation and dissemination of information about world regions, foreign languages, and international affairs throughout education, government, business, civic, and nonprofit sectors in the United States.
  • 20 U.S.C. § 1121(b)(2)
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    (2) to support cooperative efforts promoting access to and the dissemination of international and foreign language knowledge, teaching materials, and research, throughout education, government, business, civic, and nonprofit sectors in the United States, through the use of advanced technologies; and
  • 20 U.S.C. § 1122(e)(2)
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    (2) a description of how the applicant will encourage government service in areas of national need, as identified by the Secretary, as well as in areas of need in the education, business, and nonprofit sectors.
  • 20 U.S.C. § 1124(a)(1)
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    (1) The Secretary is authorized to make grants to institutions of higher education, consortia of such institutions, or partnerships between nonprofit educational organizations and institutions of higher education, to assist such institutions, consortia or partnerships in planning, developing, and carrying out programs to improve undergraduate instruction in international studies and foreign languages. Such grants shall be awarded to institutions, consortia or partnerships seeking to create new programs or to strengthen existing programs in foreign languages, area studies, and other international fields.
  • 20 U.S.C. § 1124(b)
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    (b) The Secretary may also award grants to public and private nonprofit agencies and organizations, including professional and scholarly associations, whenever the Secretary determines such grants will make an especially significant contribution to improving undergraduate international studies and foreign language programs.
  • 20 U.S.C. § 1126(a)(1)
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    (1) The Secretary is authorized to make grants to institutions of higher education, public or nonprofit private libraries, or partnerships between such institutions and other such institutions, libraries, or nonprofit educational organizations, to develop innovative techniques or programs using electronic technologies to collect, organize, preserve, and widely disseminate information from foreign sources on world regions and countries other than the United States that address our Nation’s teaching and research needs in international education and foreign languages.
  • 20 U.S.C. § 1126(a)(2)(B)
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    (B) A public or nonprofit private library.
  • 20 U.S.C. § 1126(a)(2)(C)(iii)
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    (iii) A nonprofit educational organization.
  • 20 U.S.C. § 1126(b)(8)(B)
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    (B) institutions of higher education, nonprofit educational organizations, and libraries overseas; and
  • 20 U.S.C. § 1132–5
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    The Secretary shall, in consultation and collaboration with the Secretary of State, the Secretary of Defense, and the heads of other relevant Federal agencies, submit a report once every two years that identifies areas of national need in foreign language, area, and international studies as such studies relate to government, education, business, and nonprofit needs, and a plan to address those needs. The report shall be provided to the authorizing committees and made available to the public.
  • 20 U.S.C. § 1135a(b)
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    (b) After consultation with appropriate Federal and nonprofit agencies and organizations, including the National Science Foundation, the Department of Defense, the Department of Homeland Security, the National Academy of Sciences, and the Bureau of Labor Statistics, the Secretary shall designate areas of national need. In making such designations, the Secretary shall take into consideration—
    (1) the extent to which the interest in the area is compelling;
    (2) the extent to which other Federal programs support postbaccalaureate study in the area concerned;
    (3) an assessment of how the program may achieve the most significant impact with available resources; and
    (4) an assessment of current (as of the time of the designation) and future professional workforce needs of the United States.
  • 20 U.S.C. § 1138(a)
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    (a) The Secretary is authorized to make grants to, or enter into contracts with, institutions of higher education, combinations of such institutions, and other public and private nonprofit institutions and agencies, to enable such institutions, combinations, and agencies to improve postsecondary education opportunities by—
    (1) the encouragement of reform and improvement of, and innovation in, postsecondary education and the provision of educational opportunity for all students, including nontraditional students;
    (2) the creation of institutions, programs, and joint efforts involving paths to career and professional training, including—
    (A) efforts that provide academic credit for programs; and
    (B) combinations of academic and experiential learning;
    (3) the establishment and continuation of institutions, programs, consortia, collaborations, and other joint efforts based on communications technology, including those efforts that utilize distance education and technological advancements to educate and train postsecondary students (including health professionals serving medically underserved populations);
    (4) the carrying out, in postsecondary educational institutions, of changes in internal structure and operations designed to clarify institutional priorities and purposes;
    (5) the design and introduction of cost-effective methods of instruction and operation;
    (6) the introduction of institutional reforms designed to expand individual opportunities for entering and reentering postsecondary institutions and pursuing programs of postsecondary study tailored to individual needs;
    (7) the introduction of reforms in graduate education, in the structure of academic professions, and in the recruitment and retention of faculties;
    (8) the creation of new institutions and programs for examining and awarding credentials to individuals, and the introduction of reforms in current institutional practices related thereto;
    (9) the introduction of reforms in remedial education, including English language instruction, to customize remedial courses to student goals and help students progress rapidly from remedial courses into core courses and through postsecondary program completion;
    (10) the provision of support and assistance to partnerships between institutions of higher education and secondary schools with a significant population of students identified as late-entering limited English proficient students, to establish programs that—
    (A) result in increased secondary school graduation rates of limited English proficient students; and
    (B) increase the number of participating late-entering limited English proficient students who pursue postsecondary education;
    (11) the creation of consortia that join diverse institutions of higher education to design and offer curricular and cocurricular interdisciplinary programs at the undergraduate and graduate levels, sustained for not less than a 5 year period, that—
    (A) focus on poverty and human capability; and
    (B) include—
    (i) a service-learning component; and
    (ii) the delivery of educational services through informational resource centers, summer institutes, midyear seminars, and other educational activities that stress the effects of poverty and how poverty can be alleviated through different career paths;
    (12) the provision of support and assistance for demonstration projects to provide comprehensive support services to ensure that homeless students, or students who were in foster care or were a ward of the court at any time before the age of 13, enroll and succeed in postsecondary education, including providing housing to such students during periods when housing at the institution of higher education is closed or generally unavailable to other students; and
    (13) the support of efforts to work with institutions of higher education, and nonprofit organizations, that seek to promote cultural diversity in the entertainment media industry, including through the training of students in production, marketing, and distribution of culturally relevant content.
  • 20 U.S.C. § 1138(a)(13)
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    (13) the support of efforts to work with institutions of higher education, and nonprofit organizations, that seek to promote cultural diversity in the entertainment media industry, including through the training of students in production, marketing, and distribution of culturally relevant content.
  • 20 U.S.C. § 1138(f)(1)
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    (1) The Secretary shall enter into a contract with a nonprofit organization with demonstrated success in carrying out the activities described in this subsection to carry out a program to provide postsecondary education scholarships for eligible students.
  • 20 U.S.C. § 1138(f)(5)
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    (5) All of the amounts appropriated to carry out this subsection for a fiscal year shall be used for scholarships awarded under this subsection, except that the nonprofit organization receiving a contract under this subsection may use not more than one percent of such amounts for the administrative costs of the contract.
  • 20 U.S.C. § 1138c(a)
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    (a) The Secretary is authorized to make grants to institutions of higher education, or consortia thereof, and such other public agencies and nonprofit organizations as the Secretary deems necessary for innovative projects concerning one or more areas of particular national need identified by the Secretary.
  • 20 U.S.C. § 1140q(a)(3)
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    (3) In this subpart, the term “eligible entity” means an institution of higher education, a nonprofit organization, or partnership of two or more such institutions or organizations, with demonstrated expertise in—
    (A) supporting students with disabilities in postsecondary education;
    (B) technical knowledge necessary for the dissemination of information in accessible formats;
    (C) working with diverse types of institutions of higher education, including community colleges; and
    (D) the subjects supported by the grants, contracts, or cooperative agreements authorized in subparts 1, 2, and 3.
  • 20 U.S.C. § 1141(e)
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    (e) A State receiving a payment under this section may elect to make a subgrant to one or more nonprofit organizations in the State, including an eligible not-for-profit holder (as described in section 1085(p) of this title), or those nonprofit organizations that have agreements with the Secretary under section 1078(b) of this title, or a partnership of such organizations, to carry out activities or services described in subsection (f), if the nonprofit organization or partnership—
    (1) was in existence on the day before the date of the enactment of this Act; and
    (2) as of such day, was participating in activities and services related to increasing access to higher education, such as those activities and services described in subsection (f).
  • 20 U.S.C. § 1153(a)
    Go to provision →
    (a) The Secretary of Education, in consultation and cooperation with the Secretary of the Interior, is authorized to make grants to 1 or more nonprofit educational organizations that are established to research, display, interpret, and collect artifacts relating to the history of the Underground Railroad, including the lessons to be drawn from such history.
  • 20 U.S.C. § 1153(b)
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    (b) Each nonprofit educational organization awarded a grant under this section shall enter into an agreement with the Secretary of Education. Each such agreement shall require the organization—
    (1) to establish a facility to—
    (A) house, display, interpret, and communicate information regarding the artifacts and other materials related to the history of the Underground Railroad, including the lessons to be drawn from such history;
    (B) maintain such artifacts and materials; and
    (C) make the efforts described in subparagraph (A) available, including through electronic means, to elementary and secondary schools, institutions of higher education, and the general public;
    (2) to demonstrate substantial public and private support for the operation of the facility through the implementation of a public-private partnership between one or more State or local public entities and one or more private entities, which public-private partnership shall provide matching funds from non-federal sources for the support of the facility in an amount equal to or greater than four times the amount of the grant awarded under this section;
    (3) to create an endowment to fund any and all shortfalls in the costs of the on-going operations of the facility;
    (4) to establish and maintain a network of satellite centers throughout the United States to help disseminate information regarding the Underground Railroad throughout the United States, including the lessons to be drawn from the history of the Underground Railroad, if such satellite centers raise 80 percent of the funds required to establish and maintain the satellite centers from non-Federal public and private sources;
    (5) to establish and maintain the capability to electronically link the facility with other local and regional facilities that have collections and programs which interpret the history of the Underground Railroad, including the lessons to be drawn from such history; and
    (6) to submit, for each fiscal year for which the organization receives funding under this section, a report to the Secretary of Education that contains—
    (A) a description of the programs and activities supported by the funding;
    (B) the audited financial statement of the organization for the preceding fiscal year;
    (C) a plan for the programs and activities to be supported by the funding as the Secretary may require; and
    (D) an evaluation of the programs and activities supported by the funding as the Secretary may require.
  • 20 U.S.C. § 1155(e)(3)(B)(i)
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    (i) Using the amounts described in subparagraph (A)(i), the Mayor of the District of Columbia shall make and disburse grants to eligible nonprofit corporations to carry out the purposes described in subparagraph (E).
  • 20 U.S.C. § 1155(e)(3)(D)
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    (D) In order to be eligible to receive a grant under this paragraph, a nonprofit corporation must provide appropriate certification to the Mayor or to the committee described in subparagraph (C)(iii) (as the case may be) that it is duly authorized by two or more public charter schools in the District of Columbia to act on their behalf in obtaining financing (or in assisting them in obtaining financing) to cover the costs of activities described in subparagraph (E)(i).
  • 20 U.S.C. § 1161a(c)
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    (c) From the amount appropriated to carry out this section, the Secretary is authorized to award a five-year contract to Project GRAD USA (referred to in this section as the “contractor”), a nonprofit education organization that has as its primary purpose the improvement of secondary school graduation and postsecondary attendance and completion rates for low-income students. Such contract shall be used to carry out the requirements of subsection (d) and to implement and sustain integrated education reform services through subcontractor activities described in subsection (e)(3) at existing Project GRAD program sites and to promote the expansion to new sites.
  • 20 U.S.C. § 1161a(d)(1)
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    (1) enter into subcontracts with nonprofit educational organizations that serve a substantial number or percentage of low-income students (referred to in this subsection as “subcontractors”), under which the subcontractors agree to implement the Project GRAD programs described in subsection (e) and provide matching funds for such programs;
  • 20 U.S.C. § 1161e(e)(2)(A)(ii)
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    (ii) nonprofit organizations whose mission is consistent with the purpose of this section, such as academic organizations, museums, and libraries, for assistance in carrying out activities described under subsection (a); and
  • 20 U.S.C. § 1161g(c)(2)(C)
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    (C) In developing a grant application and carrying out the grant activities authorized under this section, an eligible institution may partner with a nonprofit organization with a demonstrated record of helping minorities and women earn postbaccalaureate degrees.
  • 20 U.S.C. § 1161h(a)
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    (a) From the amounts appropriated under subsection (c), the Secretary shall award a grant to one nonprofit organization described in subsection (b) to enable the nonprofit organization—
    (1) to make publicly available the year-to-year postsecondary education enrollment rate trends of secondary school students, disaggregated by secondary school, in compliance with section 1232g of this title (commonly known as the “Family Educational Rights and Privacy Act of 1974”);
    (2) to identify not less than 50 urban local educational agencies and five States with significant rural populations, each serving a significant population of low-income students, and to carry out a comprehensive assessment in the agencies and States of the factors known to contribute to improved postsecondary education enrollment rates, which factors shall include—
    (A) the local educational agency’s and State’s leadership strategies and capacities;
    (B) the secondary school curriculum and class offerings of the local educational agency and State;
    (C) the professional development used by the local educational agency and the State to assist teachers, guidance counselors, and administrators in supporting the transition of secondary students to postsecondary education;
    (D) secondary school student attendance and other factors demonstrated to be associated with enrollment into postsecondary education;
    (E) the use of data systems by the local educational agency and the State to measure postsecondary education enrollment rates and the incentives in place to motivate the efforts of faculty and students to improve student and schoolwide outcomes; and
    (F) strategies to mobilize student leaders to build a college-bound culture; and
    (3) to provide comprehensive services to improve the schoolwide postsecondary education enrollment rates of each of not less than ten local educational agencies and States, with the federally funded portion of each project declining by not less than 20 percent each year beginning in the second year of the comprehensive services, that—
    (A) participated in the needs assessment described in paragraph (2); and
    (B) demonstrated a willingness and commitment to improving the postsecondary education enrollment rates of the local educational agency or State, respectively.
  • 20 U.S.C. § 1161h(b)
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    (b) The recipient of the grant awarded under subsection (a) shall be a nonprofit organization with demonstrated expertise—
    (1) in increasing schoolwide postsecondary enrollment rates in low-income communities nationwide by providing curriculum, training, and technical assistance to secondary school staff and student peer influencers; and
    (2) in a postsecondary education transition data management system.
  • 20 U.S.C. § 1161i–3(b)
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    (b) The State Task Force shall include a representative of a State agency, an institution of higher education (including an associate or a baccalaureate degree granting institution of higher education), an early childhood education program, a nonprofit early childhood organization, a statewide early childhood workforce scholarship or supplemental initiative, the State Head Start collaboration director, and any other entity or individual the Governor determines appropriate.
  • 20 U.S.C. § 1161k(f)(1)
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    (1) From the funds appropriated under this section, the Secretary shall enter into a contract with one or more private, nonprofit entities to provide technical assistance to grantees and to conduct the evaluations required under paragraph (3).
  • 20 U.S.C. § 1161m(b)(2)
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    (2) four-year private, nonprofit institutions of higher education;
  • 20 U.S.C. § 1161m(b)(5)
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    (5) two-year private, nonprofit institutions of higher education;
  • 20 U.S.C. § 1161m(b)(8)
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    (8) less than two-year private, nonprofit institutions of higher education; and
  • 20 U.S.C. § 1161n–2(b)(2)
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    (2) specify each portion of such program or activities which will be performed by a nonprofit organization or institution other than the applicant, and the amount of grant funds to be used for such program or activities;
  • 20 U.S.C. § 1161n–3(b)(1)(B)
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    (B) make grants to or contracts with other public or private nonprofit agencies or organizations, whenever such grants or contracts will contribute to the objectives of this section.
  • 20 U.S.C. § 1161q(c)(2)(B)
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    (B) a nonprofit organization with demonstrated expertise in rural education at the secondary and postsecondary levels.
  • 20 U.S.C. § 1161u(a)(3)(B)
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    (B) a nonprofit consortium, association, alliance, or collaboration operating in partnership with one or more institutions of higher education that received funds for the implementation of work associated with sustainability programs under this part.
  • 20 U.S.C. § 1161u(b)(2)(D)
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    (D) shall collaborate with business, government, and the nonprofit sectors in the development and implementation of its sustainability plan.
  • 20 U.S.C. § 1161u(c)(2)
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    (2) Grants made under subsection (a) may be used by an eligible entity that is a nonprofit consortium, association, alliance, or collaboration operating in partnership with one or more institutions of higher education for the following purposes:
    (A) To conduct faculty, staff and administrator training on the subjects of sustainability and institutional change.
    (B) To compile, evaluate, and disseminate best practices, case studies, guidelines and standards regarding sustainability.
    (C) To conduct efforts to engage external stakeholders such as business, alumni, and accrediting agencies in the process of building support for research, education, and technology development for sustainability.
    (D) To conduct professional development programs for faculty in all disciplines to enable faculty to incorporate sustainability content in their courses.
    (E) To create the analytical tools necessary for institutions of higher education to assess and measure their individual progress toward fully sustainable campus operations and fully integrating sustainability into the curriculum.
    (F) To develop educational benchmarks for institutions of higher education to determine the necessary rigor and effectiveness of academic sustainability programs.
  • 20 U.S.C. § 1161x(b)(1)(A)
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    (A) a public or other nonprofit school of veterinary medicine that is accredited by a nationally recognized accrediting agency or association recognized by the Secretary of Education pursuant to part H of subchapter IV;
  • 20 U.S.C. § 1161x(b)(1)(B)
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    (B) a public or nonprofit, department of comparative medicine, department of veterinary science, school of public health, or school of medicine that is accredited by a nationally recognized accrediting agency or association recognized by the Secretary of Education pursuant to part H of subchapter IV and that offers graduate training for veterinarians in a public health practice area as determined by the Secretary of Health and Human Services; or
  • 20 U.S.C. § 1161x(b)(1)(C)
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    (C) a public or nonprofit entity that—
    (i) conducts recognized residency training programs for veterinarians that are approved by a veterinary specialty organization that is recognized by the American Veterinary Medical Association; and
    (ii) offers postgraduate training for veterinarians in a public health practice area as determined by the Secretary of Health and Human Services; and

Citations to §1003(14)

Citations to §1003(15)

Citations to §1003(16)

Citations to §1003(17)

  • 20 U.S.C. § 1001(a)(3)
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    (3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;
  • 20 U.S.C. § 1001(a)(5)
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    (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.
  • 20 U.S.C. § 1001(c)
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    (c) For purposes of this section and section 1002 of this title, the Secretary shall publish a list of nationally recognized accrediting agencies or associations that the Secretary determines, pursuant to subpart 2 of part H of subchapter IV, to be reliable authority as to the quality of the education or training offered.
  • 20 U.S.C. § 1002(a)(1)(C)
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    (C) only for the purposes of part D of subchapter IV, an institution outside the United States that is comparable to an institution of higher education as defined in section 1001 of this title and that has been approved by the Secretary for the purpose of part D of subchapter IV, consistent with the requirements of section 1087b(d) of this title.
  • 20 U.S.C. § 1002(a)(2)(A)
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    (A) For the purpose of qualifying as an institution under paragraph (1)(C), the Secretary shall establish criteria by regulation for the approval of institutions outside the United States and for the determination that such institutions are comparable to an institution of higher education as defined in section 1001 of this title (except that a graduate medical school, nursing school, or a veterinary school, located outside the United States shall not be required to meet the requirements of section 1001(a)(4) of this title). Such criteria shall include a requirement that a student attending such school outside the United States is ineligible for loans made under part D of subchapter IV unless—
    (i) except as provided in subparagraph (B)(iii)(IV), in the case of a graduate medical school located outside the United States—
    (aa) at least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in section 1091(a)(5) of this title in the year preceding the year for which a student is seeking a loan under part D of subchapter IV; and
    (bb) at least 75 percent of the individuals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part D of subchapter IV; or
    (II) the institution—
    (aa) has or had a clinical training program that was approved by a State as of January 1, 1992; and
    (bb) continues to operate a clinical training program in at least one State that is approved by that State;
    (ii) in the case of a veterinary school located outside the United States that does not meet the requirements of section 1001(a)(4) of this title, the institution’s students complete their clinical training at an approved veterinary school located in the United States; or
    (iii) in the case of a nursing school located outside of the United States—
    (I) the nursing school has an agreement with a hospital, or accredited school of nursing (as such terms are defined in section 296 of title 42), located in the United States that requires the students of the nursing school to complete the students’ clinical training at such hospital or accredited school of nursing;
    (II) the nursing school has an agreement with an accredited school of nursing located in the United States providing that the students graduating from the nursing school located outside of the United States also receive a degree from the accredited school of nursing located in the United States;
    (III) the nursing school certifies only Federal Direct Stafford Loans under section 1087e(a)(2)(A) of this title, Federal Direct Unsubsidized Stafford Loans under section 1087e(a)(2)(D) of this title, or Federal Direct PLUS Loans under section 1087e(a)(2)(B) of this title for students attending the institution;
    (IV) the nursing school reimburses the Secretary for the cost of any loan defaults for current and former students included in the calculation of the institution’s cohort default rate during the previous fiscal year; and
    (V) not less than 75 percent of the individuals who were students or graduates of the nursing school, and who took the National Council Licensure Examination for Registered Nurses in the year preceding the year for which the institution is certifying a Federal Direct Stafford Loan under section 1087e(a)(2)(A) of this title, a Federal Direct Unsubsidized Stafford Loan under section 1087e(a)(2)(D) of this title, or a Federal Direct PLUS Loan under section 1087e(a)(2)(B) of this title, received a passing score on such examination.
  • 20 U.S.C. § 1002(a)(2)(A)(iii)(IV)
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    (IV) the nursing school reimburses the Secretary for the cost of any loan defaults for current and former students included in the calculation of the institution’s cohort default rate during the previous fiscal year; and
  • 20 U.S.C. § 1002(a)(2)(B)(i)
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    (i) For the purpose of qualifying as an institution under paragraph (1)(C) of this subsection, the Secretary shall establish an advisory panel of medical experts that shall—
    (I) evaluate the standards of accreditation applied to applicant foreign medical schools; and
    (II) determine the comparability of those standards to standards for accreditation applied to United States medical schools.
  • 20 U.S.C. § 1002(a)(2)(B)(iii)(I)
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    (I) Not later than 1 year after August 14, 2008, the advisory panel described in clause (i) shall submit a report to the Secretary and to the authorizing committees recommending eligibility criteria for participation in the loan programs under part D of subchapter IV for graduate medical schools that—
    (aa) are located outside of the United States;
    (bb) do not meet the requirements of subparagraph (A)(i); and
    (cc) have a clinical training program approved by a State prior to January 1, 2008.
  • 20 U.S.C. § 1002(a)(2)(B)(iii)(II)(hh)
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    (hh) Any additional areas the Secretary may require.
  • 20 U.S.C. § 1002(a)(2)(B)(iii)(IV)
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    (IV) The Secretary may—
    (aa) not earlier than 180 days after the submission of the report described in subclause (I), issue proposed regulations establishing criteria for the eligibility of graduate medical schools described in such subclause to participate in the loan programs under part D of subchapter IV based on the recommendations of such report; and
    (bb) not earlier than one year after the issuance of proposed regulations under item (aa), issue final regulations establishing such criteria for eligibility.
  • 20 U.S.C. § 1002(a)(2)(C)
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    (C) The failure of an institution outside the United States to provide, release, or authorize release to the Secretary of such information as may be required by subparagraph (A) shall render such institution ineligible for the purpose of part D of subchapter IV.
  • 20 U.S.C. § 1002(a)(3)(B)
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    (B) enrolls 50 percent or more of the institution’s students in correspondence courses (excluding courses offered by telecommunications as defined in section 1091(l)(4)1 of this title), unless the institution is an institution that meets the definition in such section, except that the Secretary, at the request of such institution, may waive the applicability of this subparagraph to such institution for good cause, as determined by the Secretary in the case of an institution of higher education that provides a 2- or 4-year program of instruction (or both) for which the institution awards an associate or baccalaureate degree, respectively;
  • 20 U.S.C. § 1002(a)(3)(C)
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    (C) has a student enrollment in which more than 25 percent of the students are incarcerated, except that the Secretary may waive the limitation contained in this subparagraph for a nonprofit institution that provides a 2- or 4-year program of instruction (or both) for which the institution awards a bachelor’s degree, or an associate’s degree or a postsecondary diploma, respectively; or
  • 20 U.S.C. § 1002(a)(3)(D)
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    (D) has a student enrollment in which more than 50 percent of the students do not have a secondary school diploma or its recognized equivalent, and does not provide a 2- or 4-year program of instruction (or both) for which the institution awards a bachelor’s degree or an associate’s degree, respectively, except that the Secretary may waive the limitation contained in this subparagraph if a nonprofit institution demonstrates to the satisfaction of the Secretary that the institution exceeds such limitation because the institution serves, through contracts with Federal, State, or local government agencies, significant numbers of students who do not have a secondary school diploma or its recognized equivalent.
  • 20 U.S.C. § 1002(a)(5)
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    (5) The Secretary shall certify an institution’s qualification as an institution of higher education in accordance with the requirements of subpart 3 of part H of subchapter IV.
  • 20 U.S.C. § 1002(b)(1)(D)
    Go to provision →
    (D) is accredited by a nationally recognized accrediting agency or association recognized by the Secretary pursuant to part H of subchapter IV; and
  • 20 U.S.C. § 1011b
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    The Secretary is required to waive the eligibility criteria of any postsecondary education program administered by the Department where such criteria do not take into account the unique circumstances in Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Freely Associated States.
  • 20 U.S.C. § 1011c(b)(1)(A)
    Go to provision →
    (A) six members shall be appointed by the Secretary;
  • 20 U.S.C. § 1011c(b)(4)
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    (4) A vacancy on the Committee shall be filled in the same manner as the original appointment was made not later than 90 days after the vacancy occurs. If a vacancy occurs in a position to be filled by the Secretary, the Secretary shall publish a Federal Register notice soliciting nominations for the position not later than 30 days after being notified of the vacancy.
  • 20 U.S.C. § 1011c(c)(1)
    Go to provision →
    (1) advise the Secretary with respect to establishment and enforcement of the standards of accrediting agencies or associations under subpart 2 of part H of subchapter IV;
  • 20 U.S.C. § 1011c(c)(2)
    Go to provision →
    (2) advise the Secretary with respect to the recognition of a specific accrediting agency or association;
  • 20 U.S.C. § 1011c(c)(3)
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    (3) advise the Secretary with respect to the preparation and publication of the list of nationally recognized accrediting agencies and associations;
  • 20 U.S.C. § 1011c(c)(4)
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    (4) advise the Secretary with respect to the eligibility and certification process for institutions of higher education under subchapter IV, together with recommendations for improvements in such process;
  • 20 U.S.C. § 1011c(c)(5)
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    (5) advise the Secretary with respect to the relationship between—
    (A) accreditation of institutions of higher education and the certification and eligibility of such institutions; and
    (B) State licensing responsibilities with respect to such institutions; and
  • 20 U.S.C. § 1011c(c)(6)
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    (6) carry out such other advisory functions relating to accreditation and institutional eligibility as the Secretary may prescribe by regulation.
  • 20 U.S.C. § 1011c(d)(1)(B)
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    (B) The Committee shall submit the date and location of each meeting in advance to the Secretary, and the Secretary shall publish such information in the Federal Register not later than 30 days before the meeting.
  • 20 U.S.C. § 1011c(d)(3)
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    (3) The Secretary shall designate an employee of the Department to serve as the Secretary’s designee to the Committee, and the Chairperson shall invite the Secretary’s designee to attend all meetings of the Committee.
  • 20 U.S.C. § 1011c(e)(1)
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    (1) The Secretary shall annually publish in the Federal Register—
    (A) a list containing, for each member of the Committee—
    (i) the member’s name;
    (ii) the date of the expiration of the member’s term of office; and
    (iii) the name of the individual described in subsection (b)(1) who appointed the member; and
    (B) a solicitation of nominations for each expiring term of office on the Committee of a member appointed by the Secretary.
  • 20 U.S.C. § 1011c(e)(1)(B)
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    (B) a solicitation of nominations for each expiring term of office on the Committee of a member appointed by the Secretary.
  • 20 U.S.C. § 1011c(e)(2)
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    (2) Not later than the last day of each fiscal year, the Committee shall make available an annual report to the Secretary, the authorizing committees, and the public. The annual report shall contain—
    (A) a detailed summary of the agenda and activities of, and the findings and recommendations made by, the Committee during the fiscal year preceding the fiscal year in which the report is made;
    (B) a list of the date and location of each meeting during the fiscal year preceding the fiscal year in which the report is made;
    (C) a list of the members of the Committee; and
    (D) a list of the functions of the Committee, including any additional functions established by the Secretary through regulation.
  • 20 U.S.C. § 1011c(e)(2)(D)
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    (D) a list of the functions of the Committee, including any additional functions established by the Secretary through regulation.
  • 20 U.S.C. § 1011d
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    The Secretary shall, in appointing individuals to any commission, committee, board, panel, or other body in connection with the administration of this chapter, include individuals who are, at the time of appointment, attending an institution of higher education.
  • 20 U.S.C. § 1011f(a)
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    (a) Whenever any institution is owned or controlled by a foreign source or receives a gift from or enters into a contract with a foreign source, the value of which is $250,000 or more, considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year, the institution shall file a disclosure report with the Secretary on January 31 or July 31, whichever is sooner.
  • 20 U.S.C. § 1011f(b)
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    (b) Each report to the Secretary required by this section shall contain the following:
    (1) For gifts received from or contracts entered into with a foreign source other than a foreign government, the aggregate dollar amount of such gifts and contracts attributable to a particular country. The country to which a gift is attributable is the country of citizenship, or if unknown, the principal residence for a foreign source who is a natural person, and the country of incorporation, or if unknown, the principal place of business, for a foreign source which is a legal entity.
    (2) For gifts received from or contracts entered into with a foreign government, the aggregate amount of such gifts and contracts received from each foreign government.
    (3) In the case of an institution which is owned or controlled by a foreign source, the identity of the foreign source, the date on which the foreign source assumed ownership or control, and any changes in program or structure resulting from the change in ownership or control.
  • 20 U.S.C. § 1011f(d)(1)
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    (1) If an institution described under subsection (a) is within a State which has enacted requirements for public disclosure of gifts from or contracts with a foreign source that are substantially similar to the requirements of this section, a copy of the disclosure report filed with the State may be filed with the Secretary in lieu of a report required under subsection (a). The State in which the institution is located shall provide to the Secretary such assurances as the Secretary may require to establish that the institution has met the requirements for public disclosure under State law if the State report is filed.
  • 20 U.S.C. § 1011f(d)(2)
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    (2) If an institution receives a gift from, or enters into a contract with, a foreign source, where any other department, agency, or bureau of the executive branch requires a report containing requirements substantially similar to those required under this section, a copy of the report may be filed with the Secretary in lieu of a report required under subsection (a).
  • 20 U.S.C. § 1011f(f)(1)
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    (1) Whenever it appears that an institution has failed to comply with the requirements of this section, including any rule or regulation promulgated under this section, a civil action may be brought by the Attorney General, at the request of the Secretary, in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, to request such court to compel compliance with the requirements of this section.
  • 20 U.S.C. § 1011f(g)
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    (g) The Secretary may promulgate regulations to carry out this section.
  • 20 U.S.C. § 1011g
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    All applications submitted under the provisions of this chapter which require peer review shall be read by a panel of readers composed of individuals selected by the Secretary, which shall include outside readers who are not employees of the Federal Government. The Secretary shall ensure that no individual assigned under this section to review any application has any conflict of interest with regard to that application which might impair the impartiality with which that individual conducts the review under this section.
  • 20 U.S.C. § 1011i(a)
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    (a) Notwithstanding any other provision of law, no institution of higher education shall be eligible to receive funds or any other form of financial assistance under any Federal program, including participation in any federally funded or guaranteed student loan program, unless the institution certifies to the Secretary that the institution has adopted and has implemented a program to prevent the use of illicit drugs and the abuse of alcohol by students and employees that, at a minimum, includes—
    (1) the annual distribution to each student and employee of—
    (A) standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on the institution’s property or as part of any of the institution’s activities;
    (B) a description of the applicable legal sanctions under local, State, or Federal law for the unlawful possession or distribution of illicit drugs and alcohol;
    (C) a description of the health-risks associated with the use of illicit drugs and the abuse of alcohol;
    (D) a description of any drug or alcohol counseling, treatment, or rehabilitation or re-entry programs that are available to employees or students; and
    (E) a clear statement that the institution will impose sanctions on students and employees (consistent with local, State, and Federal law), and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct required by subparagraph (A); and
    (2) a biennial review by the institution of the institution’s program to—
    (A) determine the program’s effectiveness and implement changes to the program if the changes are needed;
    (B) determine the number of drug and alcohol-related violations and fatalities that—
    (i) occur on the institution’s campus (as defined in section 1092(f)(6) of this title), or as part of any of the institution’s activities; and
    (ii) are reported to campus officials;
    (C) determine the number and type of sanctions described in paragraph (1)(E) that are imposed by the institution as a result of drug and alcohol-related violations and fatalities on the institution’s campus or as part of any of the institution’s activities; and
    (D) ensure that the sanctions required by paragraph (1)(E) are consistently enforced.
  • 20 U.S.C. § 1011i(b)
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    (b) Each institution of higher education that provides the certification required by subsection (a) shall, upon request, make available to the Secretary and to the public a copy of each item required by subsection (a)(1) as well as the results of the biennial review required by subsection (a)(2).
  • 20 U.S.C. § 1011i(c)(1)
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    (1) The Secretary shall publish regulations to implement and enforce the provisions of this section, including regulations that provide for—
    (A) the periodic review of a representative sample of programs required by subsection (a); and
    (B) a range of responses and sanctions for institutions of higher education that fail to implement their programs or to consistently enforce their sanctions, including information and technical assistance, the development of a compliance agreement, and the termination of any form of Federal financial assistance.
  • 20 U.S.C. § 1011i(d)
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    (d) Upon determination by the Secretary to terminate financial assistance to any institution of higher education under this section, the institution may file an appeal with an administrative law judge before the expiration of the 30-day period beginning on the date such institution is notified of the decision to terminate financial assistance under this section. Such judge shall hold a hearing with respect to such termination of assistance before the expiration of the 45-day period beginning on the date that such appeal is filed. Such judge may extend such 45-day period upon a motion by the institution concerned. The decision of the judge with respect to such termination shall be considered to be a final agency action.
  • 20 U.S.C. § 1011i(e)(1)
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    (1) The Secretary may make grants to institutions of higher education or consortia of such institutions, and enter into contracts with such institutions, consortia, and other organizations, to develop, implement, operate, improve, and disseminate programs of prevention, and education (including treatment-referral) to reduce and eliminate the illegal use of drugs and alcohol and the violence associated with such use. Such grants or contracts may also be used for the support of a higher education center for alcohol and drug abuse prevention that will provide training, technical assistance, evaluation, dissemination, and associated services and assistance to the higher education community as determined by the Secretary and institutions of higher education.
  • 20 U.S.C. § 1011i(e)(3)
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    (3) An institution of higher education, a consortium of such institutions, or another organization that desires to receive a grant or contract under paragraph (1) shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require by regulation.
  • 20 U.S.C. § 1011i(e)(4)(A)
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    (A) In awarding grants and contracts under this subsection the Secretary shall make every effort to ensure—
    (i) the equitable participation of private and public institutions of higher education (including community and junior colleges); and
    (ii) the equitable geographic participation of such institutions.
  • 20 U.S.C. § 1011i(e)(4)(B)
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    (B) In awarding grants and contracts under this subsection the Secretary shall give appropriate consideration to institutions of higher education with limited enrollment.
  • 20 U.S.C. § 1011k(b)(2)
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    (2) the facility ceases to be used as an academic facility, or the facility is used as a facility excluded from the term “academic facility” (as such term was defined under subchapter VII, as so in effect), unless the Secretary determines that there is good cause for releasing the institution from its obligation,
  • 20 U.S.C. § 1011l(a)
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    (a) The Secretary shall maintain information and resources on the Department’s website to assist students, families, and employers in understanding what a diploma mill is and how to identify and avoid diploma mills.
  • 20 U.S.C. § 1011l(b)
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    (b) The Secretary shall continue to collaborate with the United States Postal Service, the Federal Trade Commission, the Department of Justice (including the Federal Bureau of Investigation), the Internal Revenue Service, and the Office of Personnel Management to maximize Federal efforts to—
    (1) prevent, identify, and prosecute diploma mills; and
    (2) broadly disseminate to the public information about diploma mills, and resources to identify diploma mills.
  • 20 U.S.C. § 1011m(d)
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    (d) Each institution of higher education or other postsecondary educational institution receiving Federal funding under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), as a condition for receiving such funding, shall annually certify to the Secretary of Education that the requirements of subsections (a) through (c) have been met.
  • 20 U.S.C. § 1011m(e)
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    (e) The Secretary of Education shall take such actions as are necessary to ensure that the provisions of this section are implemented and enforced.
  • 20 U.S.C. § 1015(a)(1)
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    (1) The Secretary shall direct the Commissioner of Education Statistics to convene a series of forums to develop nationally consistent methodologies for reporting costs incurred by postsecondary institutions in providing postsecondary education.
  • 20 U.S.C. § 1015(a)(2)
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    (2) On the basis of the methodologies developed pursuant to paragraph (1), the Secretary shall redesign relevant parts of the postsecondary education data systems to improve the usefulness and timeliness of the data collected by such systems.
  • 20 U.S.C. § 1015(b)
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    (b) The Secretary shall make available the data collected pursuant to subsection (a). Such data shall be available in a form that permits the review and comparison of the data submissions of individual institutions of higher education. Such data shall be presented in a form that is easily understandable and allows parents and students to make informed decisions based on the costs for typical full-time undergraduate students.
  • 20 U.S.C. § 1015(c)(5)
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    (5) In addition to actions authorized in section 1094(c) of this title, the Secretary may impose a fine in an amount not to exceed $25,000 on an institution of higher education for failing to provide the information described in paragraph (1) in a timely and accurate manner, or for failing to otherwise cooperate with the National Center for Education Statistics regarding efforts to obtain data on the cost of higher education under this section and pursuant to the program participation agreement entered into under section 1094 of this title.
  • 20 U.S.C. § 1015(d)
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    (d) The Secretary shall display a link to the Federal student financial aid website of the Department in a prominent place on the homepage of the Department’s website.
  • 20 U.S.C. § 1015(e)(1)
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    (1) The Secretary shall continue to improve the usefulness and accessibility of the information provided by the Department on college planning and student financial aid.
  • 20 U.S.C. § 1015(e)(2)
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    (2) The Secretary shall continue to make the availability of the information on the Federal student financial aid website of the Department widely known, through a major media campaign and other forms of communication.
  • 20 U.S.C. § 1015(e)(3)
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    (3) As a part of the efforts required under this subsection, the Secretary shall create one website accessible from the Department’s website that fulfills the requirements under subsections (b), (f), and (g).
  • 20 U.S.C. § 1015(f)(1)
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    (1) The Secretary, in coordination with the Secretary of Defense and the Secretary of Veterans Affairs, shall create a searchable website that—
    (A) contains information, in simple and understandable terms, about all Federal and State student financial assistance, readmission requirements under section 1091c of this title, and other student services, for which members of the Armed Forces (including members of the National Guard and Reserves), veterans, and the dependents of such members or veterans may be eligible; and
    (B) is easily accessible through the website described in subsection (e)(3).
  • 20 U.S.C. § 1015(f)(2)
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    (2) Not later than one year after August 14, 2008, the Secretary shall make publicly available the Armed Forces information website described in paragraph (1).
  • 20 U.S.C. § 1015(f)(3)
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    (3) The Secretary, in coordination with the Secretary of Defense and the Secretary of Veterans Affairs, shall make the availability of the Armed Forces information website described in paragraph (1) widely known to members of the Armed Forces (including members of the National Guard and Reserves), veterans, the dependents of such members or veterans, States, institutions of higher education, and the general public.
  • 20 U.S.C. § 1015(g)(2)
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    (2) The Secretary shall ensure that—
    (A) not later than 90 days after the Secretary receives the information required under paragraph (3), the eligibility requirements, application procedures, financial terms and conditions, and other relevant information for each nondepartmental student financial assistance program are searchable and accessible through the Federal student financial aid website in a manner that is simple and understandable for students and the students’ families; and
    (B) the website displaying the information described in subparagraph (A) includes a link to the National Database on Financial Assistance for the Study of Science, Technology, Engineering, and Mathematics pursuant to paragraph (4), and the information on military benefits under subsection (f), once such Database and information are available.
  • 20 U.S.C. § 1015(g)(2)(A)
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    (A) not later than 90 days after the Secretary receives the information required under paragraph (3), the eligibility requirements, application procedures, financial terms and conditions, and other relevant information for each nondepartmental student financial assistance program are searchable and accessible through the Federal student financial aid website in a manner that is simple and understandable for students and the students’ families; and
  • 20 U.S.C. § 1015(g)(3)
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    (3) The Secretary shall request all Federal departments and agencies to provide the information described in paragraph (2)(A), and each Federal department or agency shall—
    (A) promptly respond to surveys or other requests from the Secretary for the information described in such paragraph; and
    (B) identify for the Secretary any nondepartmental student financial assistance program operated, sponsored, or supported by such Federal department or agency.
  • 20 U.S.C. § 1015(g)(3)(A)
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    (A) promptly respond to surveys or other requests from the Secretary for the information described in such paragraph; and
  • 20 U.S.C. § 1015(g)(3)(B)
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    (B) identify for the Secretary any nondepartmental student financial assistance program operated, sponsored, or supported by such Federal department or agency.
  • 20 U.S.C. § 1015(g)(4)(A)
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    (A) The Secretary shall establish and maintain, on the website described in subsection (e)(3), a National Database on Financial Assistance for the Study of Science, Technology, Engineering, and Mathematics (in this paragraph referred to as the “STEM Database”). The STEM Database shall consist of information on scholarships, fellowships, and other programs of Federal, State, local, and, to the maximum extent practicable, private financial assistance available for the study of science, technology, engineering, or mathematics at the postsecondary and postbaccalaureate levels.
  • 20 U.S.C. § 1015(g)(4)(C)
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    (C) In carrying out this paragraph, the Secretary shall—
    (i) consult with public and private sources of scholarships, fellowships, and other programs of student financial assistance; and
    (ii) make easily available a process for such entities to provide regular and updated information about the scholarships, fellowships, or other programs of student financial assistance.
  • 20 U.S.C. § 1015(g)(4)(D)
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    (D) In carrying out the requirements of this paragraph, the Secretary is authorized to enter into a contract with a private entity with demonstrated expertise in creating and maintaining databases such as the one required under this paragraph, under which contract the entity shall furnish, and regularly update, all of the information required to be maintained on the STEM Database.
  • 20 U.S.C. § 1015(g)(5)
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    (5) The Secretary shall take such actions, on an ongoing basis, as may be necessary to disseminate information under this subsection and to encourage the use of the information by interested parties, including sending notices to secondary schools and institutions of higher education.
  • 20 U.S.C. § 1015a(b)
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    (b) In making the calculations regarding cost of attendance, net price, and tuition and fees under this section with respect to a public institution of higher education, the Secretary shall calculate the cost of attendance, net price, and tuition and fees at such institution in the manner described in subsection (a), except that—
    (1) the cost of attendance, net price, and tuition and fees shall be calculated for first-time, full-time undergraduate students enrolled in the institution who are residents of the State in which such institution is located; and
    (2) in determining the net price, the average need-based grant aid and merit-based grant aid described in subsection (a)(3)(B) shall be calculated based on the average total amount of such aid received by first-time, full-time undergraduate students who are residents of the State in which such institution is located, divided by the total number of such resident students receiving such need-based grant aid or merit-based grant aid at such institution.
  • 20 U.S.C. § 1015a(c)(1)
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    (1) Beginning July 1, 2011, the Secretary shall make publicly available on the College Navigator website, in a manner that is sortable and searchable by State, the following:
    (A) A list of the five percent of institutions in each category described in subsection (d) that have the highest tuition and fees for the most recent academic year for which data are available.
    (B) A list of the five percent of institutions in each such category that have the highest net price for the most recent academic year for which data are available.
    (C) A list of the five percent of institutions in each such category that have the largest increase, expressed as a percentage change, in tuition and fees over the most recent three academic years for which data are available, using the first academic year of the three-year period as the base year to compute such percentage change.
    (D) A list of the five percent of institutions in each such category that have the largest increase, expressed as a percentage change, in net price over the most recent three academic years for which data are available, using the first academic year of the three-year period as the base year to compute such percentage change.
    (E) A list of the ten percent of institutions in each such category that have the lowest tuition and fees for the most recent academic year for which data are available.
    (F) A list of the ten percent of institutions in each such category that have the lowest net price for the most recent academic year for which data are available.
  • 20 U.S.C. § 1015a(c)(2)
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    (2) The Secretary shall annually update the lists described in paragraph (1) on the College Navigator website.
  • 20 U.S.C. § 1015a(e)(1)
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    (1) If an institution of higher education is included on a list described in subparagraph (C) or (D) of subsection (c)(1), the institution shall submit to the Secretary a report containing the following information:
    (A) A description of the major areas in the institution’s budget with the greatest cost increases.
    (B) An explanation of the cost increases described in subparagraph (A).
    (C) A description of the steps the institution will take toward the goal of reducing costs in the areas described in subparagraph (A).
    (D) In the case of an institution that is included on the same list under subparagraph (C) or (D) of subsection (c)(1) for two or more consecutive years, a description of the progress made on the steps described in subparagraph (C) of this paragraph that were included in the institution’s report for the previous year.
    (E) If the determination of any cost increase described in subparagraph (A) is not within the exclusive control of the institution—
    (i) an explanation of the extent to which the institution participates in determining such cost increase;
    (ii) the identification of the agency or instrumentality of State government responsible for determining such cost increase; and
    (iii) any other information the institution considers relevant to the report.
  • 20 U.S.C. § 1015a(e)(2)
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    (2) The Secretary shall—
    (A) issue an annual report that summarizes all of the reports by institutions required under paragraph (1) to the authorizing committees; and
    (B) publish such report on the College Navigator website.
  • 20 U.S.C. § 1015a(f)(2)
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    (2) Beginning in 2014, and every three years thereafter, the Secretary shall update the dollar amount described in paragraph (1) based on annual increases in inflation, using the Consumer Price Index for each of the three most recent preceding years.
  • 20 U.S.C. § 1015a(g)
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    (g) The Secretary shall annually report on the College Navigator website, in charts for each State, comparisons of—
    (1) the percentage change in spending by such State per full-time equivalent student at all public institutions of higher education in such State, for each of the five most recent preceding academic years;
    (2) the percentage change in tuition and fees for such students for all public institutions of higher education in such State for each of the five most recent preceding academic years; and
    (3) the percentage change in the total amount of need-based aid and merit-based aid provided by such State to full-time students enrolled in the public institutions of higher education in the State for each of the five most recent preceding academic years.
  • 20 U.S.C. § 1015a(h)(1)
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    (1) Not later than one year after August 14, 2008, the Secretary shall, in consultation with institutions of higher education and other appropriate experts, develop a net price calculator to help current and prospective students, families, and other consumers estimate the individual net price of an institution of higher education for a student. The calculator shall be developed in a manner that enables current and prospective students, families, and consumers to determine an estimate of a current or prospective student’s individual net price at a particular institution.
  • 20 U.S.C. § 1015a(h)(3)
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    (3) Not later than two years after the date on which the Secretary makes the calculator developed under paragraph (1) available to institutions of higher education, each institution of higher education that receives Federal funds under subchapter IV shall make publicly available on the institution’s website a net price calculator to help current and prospective students, families, and other consumers estimate a student’s individual net price at such institution of higher education. Such calculator may be a net price calculator developed—
    (A) by the Department pursuant to paragraph (1); or
    (B) by the institution of higher education, if the institution’s calculator includes, at a minimum, the same data elements included in the calculator developed under paragraph (1).
  • 20 U.S.C. § 1015a(h)(4)(A)(ii)
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    (ii) shall not be binding on the Secretary, the institution of higher education, or the State; and
  • 20 U.S.C. § 1015a(i)(1)
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    (1) Not later than one year after August 14, 2008, the Secretary shall make publicly available on the College Navigator website, in simple and understandable terms, the following information about each institution of higher education that participates in programs under subchapter IV, for the most recent academic year for which satisfactory data are available:
    (A) A statement of the institution’s mission.
    (B) The total number of undergraduate students who applied to, were admitted by, and enrolled in the institution.
    (C) For institutions that require SAT or ACT scores to be submitted, the reading, writing, mathematics, and combined scores on the SAT or ACT, as applicable, for the middle 50 percent range of the institution’s freshman class.
    (D) The number of first-time, full-time, and part-time students enrolled at the institution, at the undergraduate and (if applicable) graduate levels.
    (E) The number of degree- or certificate-seeking undergraduate students enrolled at the institution who have transferred from another institution.
    (F) The percentages of male and female undergraduate students enrolled at the institution.
    (G) Of the first-time, full-time, degree- or certificate-seeking undergraduate students enrolled at the institution—
    (i) the percentage of such students who are from the State in which the institution is located;
    (ii) the percentage of such students who are from other States; and
    (iii) the percentage of such students who are international students.
    (H) The percentages of first-time, full-time, degree- or certificate-seeking students enrolled at the institution, disaggregated by race and ethnic background.
    (I) The percentage of undergraduate students enrolled at the institution who are formally registered with the office of disability services of the institution (or the equivalent office) as students with disabilities, except that if such percentage is three percent or less, the institution shall report “three percent or less”.
    (J) The percentages of first-time, full-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within—
    (i) the normal time for completion of, or graduation from, the student’s program;
    (ii) 150 percent of the normal time for completion of, or graduation from, the student’s program; and
    (iii) 200 percent of the normal time for completion of, or graduation from, the student’s program;
    (K) The number of certificates, associate degrees, baccalaureate degrees, master’s degrees, professional degrees, and doctoral degrees awarded by the institution.
    (L) The undergraduate major areas of study at the institution with the highest number of degrees awarded.
    (M) The student-faculty ratio, the number of full-time and part-time faculty, and the number of graduate assistants with primarily instructional responsibilities, at the institution.
    (i) The cost of attendance for first-time, full-time undergraduate students enrolled in the institution who live on campus;
    (ii) the cost of attendance for first-time, full-time undergraduate students enrolled in the institution who live off campus; and
    (iii) in the case of a public institution of higher education and notwithstanding subsection (b)(1), the costs described in clauses (i) and (ii), for—
    (I) first-time, full-time students enrolled in the institution who are residents of the State in which the institution is located; and
    (II) first-time, full-time students enrolled in the institution who are not residents of such State.
    (O) The average annual grant amount (including Federal, State, and institutional aid) awarded to a first-time, full-time undergraduate student enrolled at the institution who receives financial aid.
    (P) The average annual amount of Federal student loans provided through the institution to undergraduate students enrolled at the institution.
    (Q) The total annual grant aid awarded to undergraduate students enrolled at the institution, from the Federal Government, a State, the institution, and other sources known by the institution.
    (R) The percentage of first-time, full-time undergraduate students enrolled at the institution receiving Federal, State, and institutional grants, student loans, and any other type of student financial assistance known by the institution, provided publicly or through the institution, such as Federal work-study funds.
    (S) The number of students enrolled at the institution receiving Federal Pell Grants.
    (T) The institution’s cohort default rate, as defined under section 1085(m) of this title.
    (U) The information on campus safety required to be collected under section 1092(i) of this title.
    (V) A link to the institution’s website that provides, in an easily accessible manner, the following information:
    (i) Student activities offered by the institution.
    (ii) Services offered by the institution for individuals with disabilities.
    (iii) Career and placement services offered by the institution to students during and after enrollment.
    (iv) Policies of the institution related to transfer of credit from other institutions.
    (W) A link to the appropriate section of the Bureau of Labor Statistics website that provides information on regional data on starting salaries in all major occupations.
    (X) Information required to be submitted under paragraph (4) and a link to the institution pricing summary page described in paragraph (5).
    (Y) In the case of an institution that was required to submit a report under subsection (e)(1), a link to such report.
    (Z) The availability of alternative tuition plans, which may include guaranteed tuition plans.
  • 20 U.S.C. § 1015a(i)(2)
    Go to provision →
    (2) The Secretary shall annually update the information described in paragraph (1) on the College Navigator website.
  • 20 U.S.C. § 1015a(i)(3)
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    (3) The Secretary shall regularly consult with current and prospective college students, family members of such students, institutions of higher education, and other experts to improve the usefulness and relevance of the College Navigator website, with respect to the presentation of the consumer information collected in paragraph (1).
  • 20 U.S.C. § 1015a(i)(5)(A)
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    (A) The Secretary shall make publicly available on the College Navigator website in a sortable and searchable format a list of all institutions of higher education that participate in programs under subchapter IV, which list shall, for each institution, include the following:
    (i) The tuition and fees for each of the three most recent academic years for which data are available.
    (ii) The net price for each of the three most recent available academic years for which data are available.
    (I) During the period beginning July 1, 2010, and ending June 30, 2013, the net price for students receiving Federal student financial aid under subchapter IV, disaggregated by the income categories described in paragraph (6), for the most recent academic year for which data are available.
    (II) Beginning July 1, 2013, the net price for students receiving Federal student financial aid under subchapter IV, disaggregated by the income categories described in paragraph (6), for each of the three most recent academic years for which data are available.
    (iv) The average annual percentage change and average annual dollar change in such institution’s tuition and fees for each of the three most recent academic years for which data are available.
    (v) The average annual percentage change and average annual dollar change in such institution’s net price for each of the three most recent preceding academic years for which data are available.
    (vi) A link to the webpage on the College Navigator website that provides the information described in paragraph (1) for the institution.
  • 20 U.S.C. § 1015a(i)(5)(B)
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    (B) The Secretary shall annually update the lists described in subparagraph (A) on the College Navigator website.
  • 20 U.S.C. § 1015a(i)(6)(B)
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    (B) The Secretary may adjust the income categories listed in subparagraph (A) using the Consumer Price Index if the Secretary determines such adjustment is necessary.
  • 20 U.S.C. § 1015a(j)(1)
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    (1) Not later than one year after August 14, 2008, the Secretary shall, in consultation with institutions of higher education, financial planners, and other appropriate experts, develop a multi-year tuition calculator to help current and prospective students, families of such students, and other consumers estimate the amount of tuition an individual may pay to attend an institution of higher education in future years.
  • 20 U.S.C. § 1015a(j)(2)(F)
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    (F) include any other features or information determined to be appropriate by the Secretary.
  • 20 U.S.C. § 1015a(j)(4)(A)(ii)
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    (ii) is not binding on the Secretary, the institution of higher education, or the State; and
  • 20 U.S.C. § 1015a(k)(1)
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    (1) The Secretary, acting through the Commissioner for Education Statistics, shall conduct, on a State-by-State basis, a survey of recipients of Federal student financial aid under subchapter IV—
    (A) to identify the population of students receiving such Federal student financial aid;
    (B) to describe the income distribution and other socioeconomic characteristics of recipients of such Federal student financial aid;
    (C) to describe the combinations of aid from Federal, State, and private sources received by such recipients from all income categories;
    (D) to describe the—
    (i) debt burden of such loan recipients, and their capacity to repay their education debts; and
    (ii) the impact of such debt burden on the recipients’ course of study and post-graduation plans;
    (E) to describe the impact of the cost of attendance of postsecondary education in the determination by students of what institution of higher education to attend; and
    (F) to describe how the costs of textbooks and other instructional materials affect the costs of postsecondary education for students.
  • 20 U.S.C. § 1015a(l)
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    (l) The Secretary is authorized to issue such regulations as may be necessary to carry out this section.
  • 20 U.S.C. § 1015b(i)
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    (i) The Secretary shall not promulgate regulations with respect to this section.
  • 20 U.S.C. § 1015c(b)(2)
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    (2) was in use by the Secretary, directly or through a contractor, as of the day before August 14, 2008.
  • 20 U.S.C. § 1015e(c)(1)
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    (1) The Secretary shall award grants, on a competitive basis, to not more than five eligible entities to enable the eligible entities to—
    (A) design, test, and implement systems of postsecondary student data that provide the maximum benefits to States, institutions of higher education, and State policymakers; and
    (B) examine the costs and burdens involved in implementing a State-level postsecondary student data system.
  • 20 U.S.C. § 1015e(d)
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    (d) An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including a description of—
    (1) how the eligible entity will ensure that student privacy is protected and that individually identifiable information about students, the students’ achievements, and the students’ families remains confidential in accordance with section 1232g of this title (commonly known as the “Family Educational Rights and Privacy Act of 1974”); and
    (2) how the activities funded by the grant will be supported after the three-year grant period.
  • 20 U.S.C. § 1015e(f)
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    (f) Not later than six months after the end of the projects funded by grants awarded under this section, the Secretary shall—
    (1) conduct a comprehensive evaluation of the pilot program authorized by this section; and
    (2) report the Secretary’s findings, as well as recommendations regarding the implementation of State-level postsecondary student data systems, to the authorizing committees.
  • 20 U.S.C. § 1015e(f)(2)
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    (2) report the Secretary’s findings, as well as recommendations regarding the implementation of State-level postsecondary student data systems, to the authorizing committees.
  • 20 U.S.C. § 1015f(b)
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    (b) The Secretary shall take into consideration any adjustments to the calculations under subsection (a) that may be required to accurately reflect funding levels for postsecondary education in States with biennial appropriation cycles.
  • 20 U.S.C. § 1015f(c)
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    (c) The Secretary shall waive the requirements of subsection (a), if the Secretary determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforseen1 decline in the financial resources of a State or State educational agency, as appropriate.
  • 20 U.S.C. § 1015f(d)
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    (d) Notwithstanding 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 1141 of this title until such State has made significant efforts to correct such violation.
  • 20 U.S.C. § 1018(b)(1)
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    (1) Notwithstanding any other provision of this part, the Secretary shall maintain responsibility for the development and promulgation of policy and regulations relating to the programs of student financial assistance under subchapter IV. In the exercise of its functions, the PBO shall be subject to the direction of the Secretary. The Secretary shall—
    (A) request the advice of, and work in cooperation with, the Chief Operating Officer in developing regulations, policies, administrative guidance, or procedures affecting the Federal student financial assistance programs authorized under subchapter IV;
    (B) request cost estimates from the Chief Operating Officer for system changes required by specific policies proposed by the Secretary; and
    (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 subchapter IV; and
    (ii) the updating of such systems to current technology.
  • 20 U.S.C. § 1018(b)(1)(B)
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    (B) request cost estimates from the Chief Operating Officer for system changes required by specific policies proposed by the Secretary; and
  • 20 U.S.C. § 1018(b)(2)(B)
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    (B) Annual development of a budget for the activities and functions of the PBO, in consultation with the Secretary, and for consideration and inclusion in the Department’s annual budget submission.
  • 20 U.S.C. § 1018(b)(2)(C)(ii)
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    (ii) maintaining a reporting system for contractors involved in the processing of payments on Federal Direct Loans in order to allow those contractors to alert the Secretary of potentially improper use of Department information technology systems;
  • 20 U.S.C. § 1018(b)(3)
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    (3) The Secretary may allocate to the PBO such additional functions as the Secretary and the Chief Operating Officer determine are necessary or appropriate to achieve the purposes of the PBO.
  • 20 U.S.C. § 1018(b)(6)(A)
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    (A) The Secretary and the Chief Operating Officer shall consult concerning the effects of policy, market, or other changes on the ability of the PBO to achieve the goals and objectives established in the performance plan described in subsection (c).
  • 20 U.S.C. § 1018(b)(6)(B)
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    (B) The Secretary and the Chief Operating Officer may revise the annual performance agreement described in subsection (d)(4) in light of policy, market, or other changes that occur after the Secretary and the Chief Operating Officer enter into the agreement.
  • 20 U.S.C. § 1018(c)(1)(A)
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    (A) Each year, the Secretary and Chief Operating Officer shall agree on, and make available to the public, a performance plan for the PBO for the succeeding 5 years that establishes measurable goals and objectives for the organization.
  • 20 U.S.C. § 1018(c)(1)(B)
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    (B) In developing the 5-year performance plan and any revision to the plan, the Secretary and the Chief Operating Officer shall consult with students, institutions of higher education, Congress, lenders, the Advisory Committee on Student Financial Assistance, and other interested parties not less than 30 days prior to the implementation of the performance plan or revision.
  • 20 U.S.C. § 1018(c)(1)(C)(v)
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    (v) Any other areas identified by the Secretary.
  • 20 U.S.C. § 1018(c)(2)
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    (2) Each year, the Chief Operating Officer shall prepare and submit to Congress, through the Secretary, an annual report on the performance of the PBO, including an evaluation of the extent to which the PBO met the goals and objectives contained in the 5-year performance plan described in paragraph (1) for the preceding year. The annual report shall include the following:
    (A) An independent financial audit of the expenditures of both the PBO and the programs administered by the PBO.
    (B) Financial and performance requirements applicable to the PBO under the Chief Financial Officers Act of 1990 and the Government Performance and Results Act of 1993.
    (C) The results achieved by the PBO during the year relative to the goals established in the organization’s performance plan.
    (D) The evaluation rating of the performance of the Chief Operating Officer and senior managers under subsections (d)(4) and (e)(2), including the amounts of bonus compensation awarded to these individuals.
    (E) Recommendations for legislative and regulatory changes to improve service to students and their families, and to improve program efficiency and integrity.
    (F) Other such information as the Director of the Office of Management and Budget shall prescribe for performance based organizations.
  • 20 U.S.C. § 1018(c)(4)
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    (4) The Secretary shall, upon request, provide a briefing to the members of the authorizing committees on the steps the Department has taken to ensure—
    (A) the integrity of the student loan programs; and
    (B) that lenders and guaranty agencies are adhering to the requirements of subchapter IV.
  • 20 U.S.C. § 1018(d)(1)
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    (1) The management of the PBO shall be vested in a Chief Operating Officer who shall be appointed by the Secretary to a term of not less than 3 and not more than 5 years, and compensated without regard to chapters 33, 51, and 53 of title 5. The appointment shall be made on the basis of demonstrated management ability and expertise in information technology, including experience with financial systems, and without regard to political affiliation or activity.
  • 20 U.S.C. § 1018(d)(2)
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    (2) The Secretary may reappoint the Chief Operating Officer to subsequent terms of not less than 3 and not more than 5 years, so long as the performance of the Chief Operating Officer, as set forth in the performance agreement described in paragraph (4), is satisfactory.
  • 20 U.S.C. § 1018(d)(3)
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    (3) The Chief Operating Officer may be removed by—
    (A) the President; or
    (B) the Secretary, for misconduct or failure to meet performance goals set forth in the performance agreement in paragraph (4).
    The President or Secretary shall communicate the reasons for any such removal to the authorizing committees.
  • 20 U.S.C. § 1018(d)(3)(B)
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    (B) the Secretary, for misconduct or failure to meet performance goals set forth in the performance agreement in paragraph (4).
  • 20 U.S.C. § 1018(d)(4)(A)
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    (A) Each year, the Secretary and the Chief Operating Officer shall enter into an annual performance agreement, that shall set forth measurable organization and individual goals for the Chief Operating Officer.
  • 20 U.S.C. § 1018(d)(5)(B)
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    (B) In addition, the Chief Operating Officer may receive a bonus in an amount that does not exceed 50 percent of such annual rate of basic pay, based upon the Secretary’s evaluation of the Chief Operating Officer’s performance in relation to the goals set forth in the performance agreement described in paragraph (4).
  • 20 U.S.C. § 1018(e)(4)
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    (4) A senior manager shall be removable by the Chief Operating Officer, or by the Secretary if the position of Chief Operating Officer is vacant.
  • 20 U.S.C. § 1018(f)(1)
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    (1) The Chief Operating Officer, in consultation with the Secretary, shall appoint a Student Loan Ombudsman to provide timely assistance to borrowers of loans made, insured, or guaranteed under subchapter IV by performing the functions described in paragraph (3).
  • 20 U.S.C. § 1018(f)(3)(A)
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    (A) in accordance with regulations of the Secretary, receive, review, and attempt to resolve informally complaints from borrowers of loans described in paragraph (1), including, as appropriate, attempts to resolve such complaints within the Department of Education and with institutions of higher education, lenders, guaranty agencies, loan servicers, and other participants in the loan programs described in paragraph (1); and
  • 20 U.S.C. § 1018(i)
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    (i) The Secretary shall allocate from funds made available under section 1087h of this title such funds as are appropriate to the functions assumed by the PBO. In addition, there are authorized to be appropriated such sums as may be necessary to carry out the purposes of this part.
  • 20 U.S.C. § 1018a(a)
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    (a) Subject to the authority of the Secretary, the Chief Operating Officer of a PBO may exercise the authority of the Secretary to procure property and services in the performance of functions managed by the PBO. For the purposes of this section, the term “PBO” includes the Chief Operating Officer of the PBO and any employee of the PBO exercising procurement authority under the preceding sentence.
  • 20 U.S.C. § 1018b(a)
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    (a) In order to improve the efficiency and effectiveness of the student aid delivery system, the Secretary and the Chief Operating Officer shall encourage and participate in the establishment of voluntary consensus standards and requirements for the electronic transmission of information necessary for the administration of programs under subchapter IV.
  • 20 U.S.C. § 1018b(c)
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    (c) Except with respect to the common financial reporting form under section 1090(a) of this title, the Secretary shall consider adopting voluntary consensus standards agreed to by the organization described in subsection (b) for transactions required under subchapter IV, and common data elements for such transactions, to enable information to be exchanged electronically between systems administered by the Department and among participants in the Federal student aid delivery system.
  • 20 U.S.C. § 1019(6)(A)(ii)
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    (ii) in the case of any loan issued or provided to a student under part D of subchapter IV, the Secretary; and
  • 20 U.S.C. § 1019a(b)(1)(B)(i)
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    (i) Each lender of a loan made, insured, or guaranteed under part B of subchapter IV shall, on an annual basis, report to the Secretary—
    (I) any reasonable expenses paid or provided under section 1085(d)(5)(D) of this title or paragraph (3)(B) or (7) of section 1094(e) of this title to any agent of a covered institution who—
    (aa) is employed in the financial aid office of a covered institution; or
    (bb) otherwise has responsibilities with respect to education loans or other financial aid of the institution; and
    (II) any similar expenses paid or provided to any agent of an institution-affiliated organization who is involved in the practice of recommending, promoting, or endorsing education loans.
  • 20 U.S.C. § 1019a(b)(1)(B)(iii)
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    (iii) The Secretary shall summarize the information received from the lenders under this subparagraph in a report and transmit such report annually to the authorizing committees.
  • 20 U.S.C. § 1019b(a)(1)(A)
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    (A) Not later than 18 months after August 14, 2008, the Secretary, in coordination with the Board of Governors of the Federal Reserve System, shall determine the minimum information that lenders, covered institutions, and institution-affiliated organizations of such covered institutions participating in preferred lender arrangements shall make available regarding education loans described in section 1019(3)(A) of this title that are offered to students and the families of such students.
  • 20 U.S.C. § 1019b(a)(1)(B)
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    (B) In carrying out subparagraph (A), the Secretary shall—
    (i) consult with students, the families of such students, representatives of covered institutions (including financial aid administrators, admission officers, and business officers), representatives of institution-affiliated organizations, secondary school guidance counselors, lenders, loan servicers, and guaranty agencies;
    (ii) include, in the minimum information under subparagraph (A) that is required to be made available, the information that the Board of Governors of the Federal Reserve System requires to be disclosed under section 1638(e)(1) of title 15, modified as necessary to apply to such loans; and
    (iii) consider the merits of requiring each covered institution, and each institution-affiliated organization of such covered institution, with a preferred lender arrangement to provide to prospective borrowers and the families of such borrowers the following information for each type of education loan offered pursuant to such preferred lender arrangement:
    (I) The interest rate and terms and conditions of the loan for the next award year, including loan forgiveness and deferment.
    (II) Information on any charges, such as origination and Federal default fees, that are payable on the loan, and whether those charges will be—
    (aa) collected by the lender at or prior to the disbursal of the loan, including whether the charges will be deducted from the proceeds of the loan or paid separately by the borrower; or
    (bb) paid in whole or in part by the lender.
    (III) The annual and aggregate maximum amounts that may be borrowed.
    (IV) The average amount borrowed from the lender by students who graduated from such institution in the preceding year with certificates, undergraduate degrees, graduate degrees, and professional degrees, as applicable, and who obtained loans of such type from the lender for the preceding year.
    (V) The amount the borrower may pay in interest, based on a standard repayment plan and the average amount borrowed from the lender by students who graduated from such institution in the preceding year and who obtained loans of such type from the lender for the preceding year, for—
    (aa) borrowers of loans made under section 1078 of this title;
    (bb) borrowers of loans made under section 1078–2 or 1078–8 of this title, who pay the interest while in school; and
    (cc) borrowers of loans made under section 1078–2 or 1078–8 of this title, who do not pay the interest while in school.
    (VI) The consequences for the borrower of defaulting on a loan, including limitations on the discharge of an education loan in bankruptcy.
    (VII) Contact information for the lender.
    (VIII) Other information suggested by the persons and entities with whom the Secretary has consulted under clause (i).
  • 20 U.S.C. § 1019b(a)(1)(B)(iii)(VIII)
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    (VIII) Other information suggested by the persons and entities with whom the Secretary has consulted under clause (i).
  • 20 U.S.C. § 1019b(a)(2)
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    (2) After making the determinations under paragraph (1), the Secretary, in coordination with the Board of Governors of the Federal Reserve System and after consultation with the public, shall—
    (i) provide that the information determined under paragraph (1) shall be disclosed by covered institutions, and institution-affiliated organizations of such covered institutions, with preferred lender arrangements to prospective borrowers and the families of such borrowers regarding the education loans described in section 1019(3)(A) of this title that are offered pursuant to such preferred lender arrangements; and
    (ii) make clear that such covered institutions and institution-affiliated organizations may provide the required information on a form designed by the institution or organization instead of the model disclosure form described in subparagraph (B);
    (B) develop a model disclosure form that may be used by covered institutions, institution-affiliated organizations, and preferred lenders that includes all of the information required under subparagraph (A)(i) in a format that—
    (i) is easily usable by students, families, institutions, institution-affiliated organizations, lenders, loan servicers, and guaranty agencies; and
    (ii) is similar in format to the form developed by the Board of Governors of the Federal Reserve System under paragraphs (1) and (5)(A) of section 1638(e)1 of title 15, in order to permit students and the families of students to easily compare private education loans and education loans described in section 1019(3)(A) of this title; and
    (C) update such model disclosure form periodically, as necessary.
  • 20 U.S.C. § 1019b(b)
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    (b) Each lender that has a preferred lender arrangement with a covered institution, or an institution-affiliated organization of such covered institution, with respect to education loans described in section 1019(3)(A) of this title shall annually, by a date determined by the Secretary, provide to such covered institution or such institution-affiliated organization, and to the Secretary, the information the Secretary requires pursuant to subsection (a)(2)(A)(i) for each type of education loan described in section 1019(3)(A) of this title that the lender plans to offer pursuant to such preferred lender arrangement to students attending such covered institution, or to the families of such students, for the next award year.
  • 20 U.S.C. § 1019b(c)(1)(A)(i)
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    (i) The information the Secretary requires pursuant to subsection (a)(2)(A)(i), for each type of education loan described in section 1019(3)(A) of this title offered pursuant to a preferred lender arrangement to students of such institution or the families of such students.
  • 20 U.S.C. § 1019b(c)(2)(A)
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    (A) prepare and submit to the Secretary an annual report, by a date determined by the Secretary, that includes, for each lender that has a preferred lender arrangement with such covered institution or organization—
    (i) the information described in clauses (i) and (ii) of paragraph (1)(A); and
    (ii) a detailed explanation of why such covered institution or institution-affiliated organization entered into a preferred lender arrangement with the lender, including why the terms, conditions, and provisions of each type of education loan provided pursuant to the preferred lender arrangement are beneficial for students attending such institution, or the families of such students, as applicable; and
  • 20 U.S.C. § 1019c(a)
    Go to provision →
    (a) Not later than 180 days after the development of the model disclosure form under section 1019b(a)(2)(B) of this title, the Secretary shall provide each institution of higher education participating in the William D. Ford Direct Loan Program under part D of subchapter IV with a completed model disclosure form including the same information for Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, and Federal Direct PLUS loans made to, or on behalf of, students attending each such institution as is required on such form for loans described in section 1019(3)(A) of this title.
  • 20 U.S.C. § 1019c(b)(1)(A)
    Go to provision →
    (A) make the information the Secretary provides to the institution under subsection (a) available to students attending or planning to attend the institution, or the families of such students, as applicable; and
  • 20 U.S.C. § 1019c(b)(1)(B)
    Go to provision →
    (B) if the institution provides information regarding a private education loan to a prospective borrower, concurrently provide such borrower with the information the Secretary provides to the institution under subsection (a).
  • 20 U.S.C. § 1019d(a)
    Go to provision →
    (a) The Secretary, in consultation with the Board of Governors of the Federal Reserve System, shall develop the self-certification form for private education loans that shall be used to satisfy the requirements of section 1638(e)(3) of title 15. Such form shall—
    (1) be developed in a standardized format;
    (2) be made available to the applicant by the relevant institution of higher education, in written or electronic form, upon request of the applicant;
    (3) contain only disclosures that—
    (A) the applicant may qualify for Federal student financial assistance through a program under subchapter IV of this chapter, or State or institutional student financial assistance, in place of, or in addition to, a private education loan;
    (B) the applicant is encouraged to discuss the availability of Federal, State, and institutional student financial assistance with financial aid officials at the applicant’s institution of higher education;
    (C) a private education loan may affect the applicant’s eligibility for free or low-cost Federal, State or institutional student financial assistance; and
    (D) the information that the applicant is required to provide on the form is available from officials at the financial aid office of the institution of higher education;
    (4) include a place to provide information on—
    (A) the applicant’s cost of attendance at the institution of higher education, as determined by the institution under part F of subchapter IV;
    (B) the applicant’s estimated financial assistance, including amounts of financial assistance used to replace the student aid index, as determined by the institution, in accordance with subchapter IV, for students who have completed the Free Application for Federal Student Aid; and
    (C) the difference between the amounts under subparagraphs (A) and (B), as applicable; and
    (5) include a place for the applicant’s signature, in written or electronic form.
  • 20 U.S.C. § 1021(11)(A)(i)(I)
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    (I) The percentage of students aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary.
  • 20 U.S.C. § 1021(11)(B)(i)
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    (i) The Secretary may, upon approval of an application submitted by an eligible partnership seeking a grant under this subchapter, designate a school that does not qualify as a high-need school under subparagraph (A) as a high-need school for the purpose of this subchapter. The Secretary shall base the approval of an application for designation of a school under this clause on a consideration of the information required under clause (ii), and may also take into account other information submitted by the eligible partnership.
  • 20 U.S.C. § 1021(11)(B)(ii)(I)(aa)
    Go to provision →
    (aa) aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary;
  • 20 U.S.C. § 1022a(a)
    Go to provision →
    (a) From amounts made available under section 1022h of this title, the Secretary is authorized to award grants, on a competitive basis, to eligible partnerships, to enable the eligible partnerships to carry out the activities described in subsection (c).
  • 20 U.S.C. § 1022a(b)
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    (b) Each eligible partnership desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall contain—
    (1) a needs assessment of the partners in the eligible partnership with respect to the preparation, ongoing training, professional development, and retention of general education and special education teachers, principals, and, as applicable, early childhood educators;
    (2) a description of the extent to which the program to be carried out with grant funds, as described in subsection (c), will prepare prospective and new teachers with strong teaching skills;
    (3) a description of how such program will prepare prospective and new teachers to understand and use research and data to modify and improve classroom instruction;
    (4) a description of—
    (A) how the eligible partnership will coordinate strategies and activities assisted under the grant with other teacher preparation or professional development programs, including programs funded under the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.] and the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.], and through the National Science Foundation; and
    (B) how the activities of the partnership will be consistent with State, local, and other education reform activities that promote teacher quality and student academic achievement;
    (5) an assessment that describes the resources available to the eligible partnership, including—
    (A) the integration of funds from other related sources;
    (B) the intended use of the grant funds; and
    (C) the commitment of the resources of the partnership to the activities assisted under this section, including financial support, faculty participation, and time commitments, and to the continuation of the activities when the grant ends;
    (6) a description of—
    (A) how the eligible partnership will meet the purposes of this part;
    (B) how the partnership will carry out the activities required under subsection (d) or (e), based on the needs identified in paragraph (1), with the goal of improving student academic achievement;
    (C) if the partnership chooses to use funds under this section for a project or activities under subsection (f) or (g), how the partnership will carry out such project or required activities based on the needs identified in paragraph (1), with the goal of improving student academic achievement;
    (D) the partnership’s evaluation plan under section 1022c(a) of this title;
    (E) how the partnership will align the teacher preparation program under subsection (c) with the—
    (i) State early learning standards for early childhood education programs, as appropriate, and with the relevant domains of early childhood development; and
    (ii) challenging State academic standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311(b)(1)], established by the State in which the partnership is located;
    (F) how the partnership will prepare general education teachers to teach students with disabilities, including training related to participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act [20 U.S.C. 1414(d)(1)(B)];
    (G) how the partnership will prepare general education and special education teachers to teach students who are limited English proficient;
    (H) how faculty at the partner institution will work, during the term of the grant, with teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act [20 U.S.C. 1412(a)(14)(C)], in the classrooms of high-need schools served by the high-need local educational agency in the partnership to—
    (i) provide high-quality professional development activities to strengthen the content knowledge and teaching skills of elementary school and secondary school teachers; and
    (ii) train other classroom teachers to implement literacy programs that incorporate the essential components of reading instruction;
    (I) how the partnership will design, implement, or enhance a year-long and rigorous teaching preservice clinical program component;
    (J) how the partnership will support in-service professional development strategies and activities; and
    (K) how the partnership will collect, analyze, and use data on the retention of all teachers and early childhood educators in schools and early childhood education programs located in the geographic area served by the partnership to evaluate the effectiveness of the partnership’s teacher and educator support system; and
    (7) with respect to the induction program required as part of the activities carried out under this section—
    (A) a demonstration that the schools and departments within the institution of higher education that are part of the induction program will effectively prepare teachers, including providing content expertise and expertise in teaching, as appropriate;
    (B) a demonstration of the eligible partnership’s capability and commitment to, and the accessibility to and involvement of faculty in, the use of empirically-based practice and scientifically valid research on teaching and learning;
    (C) a description of how the teacher preparation program will design and implement an induction program to support, through not less than the first two years of teaching, all new teachers who are prepared by the teacher preparation program in the partnership and who teach in the high-need local educational agency in the partnership, and, to the extent practicable, all new teachers who teach in such high-need local educational agency, in the further development of the new teachers’ teaching skills, including the use of mentors who are trained and compensated by such program for the mentors’ work with new teachers; and
    (D) a description of how faculty involved in the induction program will be able to substantially participate in an early childhood education program or an elementary school or secondary school classroom setting, as applicable, including release time and receiving workload credit for such participation.
  • 20 U.S.C. § 1022a(h)
    Go to provision →
    (h) The Secretary shall—
    (1) evaluate the programs assisted under this section; and
    (2) make publicly available a report detailing the Secretary’s evaluation of each such program.
  • 20 U.S.C. § 1022a(h)(2)
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    (2) make publicly available a report detailing the Secretary’s evaluation of each such program.
  • 20 U.S.C. § 1022a(i)(3)
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    (3) The Secretary may approve changes in grant activities of a grant under this section only if the eligible partnership submits to the Secretary a written consent to such changes signed by all members of the eligible partnership.
  • 20 U.S.C. § 1022b(b)(1)
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    (1) The Secretary shall provide the applications submitted under this part to a peer review panel for evaluation. With respect to each application, the peer review panel shall initially recommend the application for funding or for disapproval.
  • 20 U.S.C. § 1022b(b)(2)
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    (2) The Secretary, in funding applications under this part, shall give priority—
    (A) to eligible partnerships that include an institution of higher education whose teacher preparation program has a rigorous selection process to ensure the highest quality of students entering such program; and
    (i) to applications from broad-based eligible partnerships that involve businesses and community organizations; or
    (ii) to eligible partnerships so that the awards promote an equitable geographic distribution of grants among rural and urban areas.
  • 20 U.S.C. § 1022b(b)(3)
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    (3) The Secretary shall determine, based on the peer review process, which applications shall receive funding and the amounts of the grants. In determining grant amounts, the Secretary shall take into account the total amount of funds available for all grants under this part and the types of activities proposed to be carried out by the eligible partnership.
  • 20 U.S.C. § 1022b(c)(2)
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    (2) The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible partnership if the Secretary determines that applying the matching requirement to the eligible partnership would result in serious hardship or an inability to carry out the authorized activities described in this part.
  • 20 U.S.C. § 1022c(c)
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    (c) If the Secretary determines that an eligible partnership receiving a grant under this part is not making substantial progress in meeting the purposes, goals, objectives, and measures of the grant, as appropriate, by the end of the third year of a grant under this part, then the Secretary—
    (1) shall cancel the grant; and
    (2) may use any funds returned or available because of such cancellation under paragraph (1) to—
    (A) increase other grant awards under this part; or
    (B) award new grants to other eligible partnerships under this part.
  • 20 U.S.C. § 1022c(d)
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    (d) The Secretary shall evaluate the activities funded under this part and report the findings regarding the evaluation of such activities to the authorizing committees. The Secretary shall broadly disseminate—
    (1) successful practices developed by eligible partnerships under this part; and
    (2) information regarding such practices that were found to be ineffective.
  • 20 U.S.C. § 1022d(a)(1)
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    (1) Each institution of higher education that conducts a traditional teacher preparation program or alternative routes to State certification or licensure program and that enrolls students receiving Federal assistance under this chapter shall report annually to the State and the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, the following:
    (i) For the most recent year for which the information is available for the institution—
    (I) whether the goals set under section 1022e of this title have been met; and
    (II) a description of the activities the institution implemented to achieve such goals.
    (ii) A description of the steps the institution is taking to improve its performance in meeting the annual goals set under section 1022e of this title.
    (iii) A description of the activities the institution has implemented to meet the assurances provided under section 1022e of this title.
    (B) For the most recent year for which the information is available for those students who took the assessments used for teacher certification or licensure by the State in which the program is located and are enrolled in the traditional teacher preparation program or alternative routes to State certification or licensure program, and for those who have taken such assessments and have completed the traditional teacher preparation program or alternative routes to State certification or licensure program during the two-year period preceding such year, for each of such assessments—
    (i) the percentage of students who have completed 100 percent of the nonclinical coursework and taken the assessment who pass such assessment;
    (ii) the percentage of all students who passed such assessment;
    (iii) the percentage of students who have taken such assessment who enrolled in and completed the traditional teacher preparation program or alternative routes to State certification or licensure program, as applicable;
    (iv) the average scaled score for all students who took such assessment;
    (v) a comparison of the program’s pass rates with the average pass rates for programs in the State; and
    (vi) a comparison of the program’s average scaled scores with the average scaled scores for programs in the State.
    (C) A description of—
    (i) the criteria for admission into the program;
    (ii) the number of students in the program (disaggregated by race, ethnicity, and gender);
    (iii) the average number of hours of supervised clinical experience required for those in the program;
    (iv) the number of full-time equivalent faculty and students in the supervised clinical experience; and
    (v) the total number of students who have been certified or licensed as teachers, disaggregated by subject and area of certification or licensure.
    (D) In States that require approval or accreditation of teacher preparation programs, a statement of whether the institution’s program is so approved or accredited, and by whom.
    (E) Whether the program has been designated as low-performing by the State under section 1022f(a) of this title.
    (F) A description of the activities, including activities consistent with the principles of universal design for learning, that prepare teachers to integrate technology effectively into curricula and instruction, and to use technology effectively to collect, manage, and analyze data in order to improve teaching and learning for the purpose of increasing student academic achievement.
    (G) A description of the activities that prepare general education and special education teachers to teach students with disabilities effectively, including training related to participation as a member of individualized education program teams, as defined in section 1414(d)(1)(B) of this title, and to effectively teach students who are limited English proficient.
  • 20 U.S.C. § 1022d(a)(3)
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    (3) The Secretary may impose a fine not to exceed $27,500 on an institution of higher education for failure to provide the information described in this subsection in a timely or accurate manner.
  • 20 U.S.C. § 1022d(b)(1)
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    (1) Each State that receives funds under this chapter shall provide to the Secretary, and make widely available to the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, an annual State report card on the quality of teacher preparation in the State, both for traditional teacher preparation programs and for alternative routes to State certification or licensure programs, which shall include not less than the following:
    (A) A description of the reliability and validity of the teacher certification and licensure assessments, and any other certification and licensure requirements, used by the State.
    (B) The standards and criteria that prospective teachers must meet to attain initial teacher certification or licensure and to be certified or licensed to teach particular academic subjects, areas, or grades within the State.
    (C) A description of how the assessments and requirements described in subparagraph (A) are aligned with the challenging State academic standards required under section 6311(b)(1) of this title and, as applicable, State early learning standards for early childhood education programs.
    (D) For each of the assessments used by the State for teacher certification or licensure—
    (i) for each institution of higher education located in the State and each entity located in the State, including those that offer an alternative route for teacher certification or licensure, the percentage of students at such institution or entity who have completed 100 percent of the nonclinical coursework and taken the assessment who pass such assessment;
    (ii) the percentage of all such students at all such institutions and entities who have taken the assessment who pass such assessment;
    (iii) the percentage of students who have taken the assessment who enrolled in and completed a teacher preparation program; and
    (iv) the average scaled score of individuals participating in such a program, or who have completed such a program during the two-year period preceding the first year for which the annual State report card is provided, who took each such assessment.
    (E) A description of alternative routes to teacher certification or licensure in the State (including any such routes operated by entities that are not institutions of higher education), if any, including, for each of the assessments used by the State for teacher certification or licensure—
    (i) the percentage of individuals participating in such routes, or who have completed such routes during the two-year period preceding the date for which the determination is made, who passed each such assessment; and
    (ii) the average scaled score of individuals participating in such routes, or who have completed such routes during the two-year period preceding the first year for which the annual State report card is provided, who took each such assessment.
    (F) A description of the State’s criteria for assessing the performance of teacher preparation programs within institutions of higher education in the State. Such criteria shall include indicators of the academic content knowledge and teaching skills of students enrolled in such programs.
    (G) For each teacher preparation program in the State—
    (i) the criteria for admission into the program;
    (ii) the number of students in the program, disaggregated by race, ethnicity, and gender (except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student);
    (iii) the average number of hours of supervised clinical experience required for those in the program; and
    (iv) the number of full-time equivalent faculty, adjunct faculty, and students in supervised clinical experience.
    (H) For the State as a whole, and for each teacher preparation program in the State, the number of teachers prepared, in the aggregate and reported separately by—
    (i) area of certification or licensure;
    (ii) academic major; and
    (iii) subject area for which the teacher has been prepared to teach.
    (I) A description of the extent to which teacher preparation programs are addressing shortages of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title, by area of certification or licensure, subject, and specialty, in the State’s public schools.
    (J) The extent to which teacher preparation programs prepare teachers, including general education and special education teachers, to teach students with disabilities effectively, including training related to participation as a member of individualized education program teams, as defined in section 1414(d)(1)(B) of this title.
    (K) A description of the activities that prepare teachers to—
    (i) integrate technology effectively into curricula and instruction, including activities consistent with the principles of universal design for learning; and
    (ii) use technology effectively to collect, manage, and analyze data to improve teaching and learning for the purpose of increasing student academic achievement.
    (L) The extent to which teacher preparation programs prepare teachers, including general education and special education teachers, to effectively teach students who are limited English proficient.
  • 20 U.S.C. § 1022d(b)(2)
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    (2) The Secretary shall not create a national list or ranking of States, institutions, or schools using the scaled scores provided under this subsection.
  • 20 U.S.C. § 1022d(c)
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    (c) The Secretary shall prescribe regulations to ensure the reliability, validity, integrity, and accuracy of the data submitted pursuant to this section.
  • 20 U.S.C. § 1022d(d)(1)
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    (1) The Secretary shall annually provide to the authorizing committees, and publish and make widely available, a report card on teacher qualifications and preparation in the United States, including all the information reported in subparagraphs (A) through (L) of subsection (b)(1). Such report shall identify States for which eligible partnerships received a grant under this part.
  • 20 U.S.C. § 1022d(d)(2)
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    (2) The Secretary shall prepare and submit a report to the authorizing committees that contains the following:
    (A) A comparison of States’ efforts to improve the quality of the current and future teaching force.
    (B) A comparison of eligible partnerships’ efforts to improve the quality of the current and future teaching force.
    (C) The national mean and median scaled scores and pass rate on any standardized test that is used in more than one State for teacher certification or licensure.
  • 20 U.S.C. § 1022d(d)(3)
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    (3) In the case of a teacher preparation program with fewer than ten scores reported on any single initial teacher certification or licensure assessment during an academic year, the Secretary shall collect and publish, and make publicly available, information with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a three-year period.
  • 20 U.S.C. § 1022d(e)
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    (e) The Secretary, to the extent practicable, shall coordinate the information collected and published under this part among States for individuals who took State teacher certification or licensure assessments in a State other than the State in which the individual received the individual’s most recent degree.
  • 20 U.S.C. § 1022e(a)
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    (a) Each institution of higher education that conducts a traditional teacher preparation program (including programs that offer any ongoing professional development programs) or alternative routes to State certification or licensure program, and that enrolls students receiving Federal assistance under this chapter, shall set annual quantifiable goals for increasing the number of prospective teachers trained in teacher shortage areas designated by the Secretary or by the State educational agency, including mathematics, science, special education, and instruction of limited English proficient students.
  • 20 U.S.C. § 1022e(b)
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    (b) Each institution described in subsection (a) shall provide assurances to the Secretary that—
    (1) training provided to prospective teachers responds to the identified needs of the local educational agencies or States where the institution’s graduates are likely to teach, based on past hiring and recruitment trends;
    (2) training provided to prospective teachers is closely linked with the needs of schools and the instructional decisions new teachers face in the classroom;
    (3) prospective special education teachers receive course work in core academic subjects and receive training in providing instruction in core academic subjects;
    (4) general education teachers receive training in providing instruction to diverse populations, including children with disabilities, limited English proficient students, and children from low-income families; and
    (5) prospective teachers receive training on how to effectively teach in urban and rural schools, as applicable.
  • 20 U.S.C. § 1022f(a)
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    (a) In order to receive funds under this chapter, a State shall conduct an assessment to identify low-performing teacher preparation programs in the State and to assist such programs through the provision of technical assistance. Each such State shall provide the Secretary with an annual list of low-performing teacher preparation programs and an identification of those programs at risk of being placed on such list, as applicable. Such assessment shall be described in the report under section 1022d(b) of this title. Levels of performance shall be determined solely by the State and may include criteria based on information collected pursuant to this part, including progress in meeting the goals of—
    (1) increasing the percentage of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title, in the State, including increasing professional development opportunities;
    (2) improving student academic achievement for elementary and secondary students; and
    (3) raising the standards for entry into the teaching profession.
  • 20 U.S.C. § 1022f(c)
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    (c) If the Secretary develops any regulations implementing subsection (b)(2), the Secretary shall submit such proposed regulations to a negotiated rulemaking process, which shall include representatives of States, institutions of higher education, and educational and student organizations.
  • 20 U.S.C. § 1022g(a)
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    (a) In complying with sections 1022d and 1022e of this title, the Secretary shall ensure that States and institutions of higher education use fair and equitable methods in reporting and that the reporting methods do not reveal personally identifiable information.
  • 20 U.S.C. § 1022g(b)
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    (b) For each State that does not use content assessments as a means of ensuring that all teachers teaching in core academic subjects within the State meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, in accordance with the State plan submitted or revised under section 6311 of this title, and that each person employed as a special education teacher in the State who teaches elementary school or secondary school meets the qualifications described in section 1412(a)(14)(C) of this title, the Secretary shall—
    (1) to the extent practicable, collect data comparable to the data required under this part from States, local educational agencies, institutions of higher education, or other entities that administer such assessments to teachers or prospective teachers; and
    (2) notwithstanding any other provision of this part, use such data to carry out requirements of this part related to assessments, pass rates, and scaled scores.
  • 20 U.S.C. § 1032(a)
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    (a) The Secretary is authorized to award grants to, or enter into contracts or cooperative agreements with, eligible consortia to pay the Federal share of the costs of projects to—
    (1) assist in the graduation of teacher candidates who are prepared to use modern information, communication, and learning tools to—
    (A) improve student learning, assessment, and learning management; and
    (B) help students develop learning skills to succeed in higher education and to enter the workforce;
    (2) strengthen and develop partnerships among the stakeholders in teacher preparation to transform teacher education and ensure technology-rich teaching and learning environments throughout a teacher candidate’s preservice education, including clinical experiences; and
    (3) assess the effectiveness of departments, schools, and colleges of education at institutions of higher education in preparing teacher candidates for successful implementation of technology-rich teaching and learning environments, including environments consistent with the principles of universal design for learning, that enable kindergarten through grade 12 students to develop learning skills to succeed in higher education and to enter the workforce.
  • 20 U.S.C. § 1032b
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    To be eligible to receive a grant or enter into a contract or cooperative agreement under this subpart, an eligible consortium shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include the following:
  • 20 U.S.C. § 1033a(a)
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    (a) From the amounts appropriated to carry out this part, the Secretary is authorized to award competitive grants to eligible institutions to establish centers of excellence.
  • 20 U.S.C. § 1033a(b)
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    (b) Grants provided by the Secretary under this subpart shall be used to ensure that current and future teachers meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title, by carrying out one or more of the following activities:
    (1) Implementing reforms within teacher preparation programs to ensure that such programs are preparing teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title, are able to understand scientifically valid research, and are able to use advanced technology effectively in the classroom, including use of instructional techniques to improve student academic achievement, by—
    (A) retraining or recruiting faculty; and
    (B) designing (or redesigning) teacher preparation programs that—
    (i) prepare teachers to serve in low-performing schools and close student achievement gaps, and that are based on rigorous academic content, scientifically valid research (including scientifically based reading research and mathematics research, as it becomes available), and challenging State academic content standards and student academic achievement standards; and
    (ii) promote strong teaching skills.
    (2) Providing sustained and high-quality preservice clinical experience, including the mentoring of prospective teachers by exemplary teachers, substantially increasing interaction between faculty at institutions of higher education and new and experienced teachers, principals, and other administrators at elementary schools or secondary schools, and providing support, including preparation time, for such interaction.
    (3) Developing and implementing initiatives to promote retention of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title, and highly qualified principals, including minority teachers and principals, including programs that provide—
    (A) teacher or principal mentoring from exemplary teachers or principals, respectively; or
    (B) induction and support for teachers and principals during their first three years of employment as teachers or principals, respectively.
    (4) Awarding scholarships based on financial need to help students pay the costs of tuition, room, board, and other expenses of completing a teacher preparation program, not to exceed the cost of attendance.
    (5) Disseminating information on effective practices for teacher preparation and successful teacher certification and licensure assessment preparation strategies.
    (6) Activities authorized under section 1022a of this title.
  • 20 U.S.C. § 1033a(c)
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    (c) Any eligible institution desiring a grant under this subpart shall submit an application to the Secretary at such a time, in such a manner, and accompanied by such information as the Secretary may require.
  • 20 U.S.C. § 1033a(f)
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    (f) The Secretary shall prescribe such regulations as may be necessary to carry out this subpart.
  • 20 U.S.C. § 1034(a)(1)
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    (1) The Secretary is authorized to award grants, on a competitive basis, to eligible partnerships to improve the preparation of general education teacher candidates to ensure that such teacher candidates possess the knowledge and skills necessary to effectively instruct students with disabilities in general education classrooms.
  • 20 U.S.C. § 1034(d)
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    (d) An eligible partnership seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include—
    (1) a self-assessment by the eligible partnership of the existing teacher preparation program at the institution of higher education and needs related to preparing general education teacher candidates to instruct students with disabilities; and
    (2) an assessment of the existing personnel needs for general education teachers who instruct students with disabilities, performed by the local educational agency in which most graduates of the teacher preparation program are likely to teach after completion of the program under subsection (c)(1).
  • 20 U.S.C. § 1034(e)
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    (e) The Secretary shall convene a peer review committee to review applications for grants under this section and to make recommendations to the Secretary regarding the selection of grantees. Members of the peer review committee shall be recognized experts in the fields of special education, teacher preparation, and general education and shall not be in a position to benefit financially from any grants awarded under this section.
  • 20 U.S.C. § 1034(f)(1)(B)
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    (B) Each eligible partnership performing an evaluation under subparagraph (A) shall report the findings of such evaluation to the Secretary.
  • 20 U.S.C. § 1034(f)(2)
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    (2) Not later than 180 days after the last day of the grant period under this section, the Secretary shall make available to Congress and the public the findings of the evaluations submitted under paragraph (1), and information on best practices related to effective instruction of students with disabilities in general education classrooms.
  • 20 U.S.C. § 1035(b)
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    (b) The Secretary is authorized to award grants on a competitive basis to eligible entities to identify, recruit, and train qualified individuals with subject matter expertise in mathematics, science, or critical foreign languages to serve as adjunct content specialists.
  • 20 U.S.C. § 1035(c)
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    (c) The Secretary may award grants under this section for a period of not more than five years.
  • 20 U.S.C. § 1035(f)(1)
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    (1) An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
  • 20 U.S.C. § 1035(g)
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    (g) In awarding grants under this section, the Secretary shall give priority to eligible entities that demonstrate in the application for such a grant a plan to—
    (1) serve the schools served by the local educational agency that have a large number or percentage of students performing below grade level in mathematics, science, or critical foreign language courses;
    (2) serve local educational agencies that have a large number or percentage of students from low-income families; and
    (3) recruit and train individuals to serve as adjunct content specialists in schools that have an insufficient number of teachers in mathematics, science, or critical foreign languages.
  • 20 U.S.C. § 1035(i)
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    (i) Each eligible entity receiving a grant under this section shall prepare and submit to the Secretary a final report on the results of the activities supported by such grant, which shall contain such information as the Secretary may require, including any improvements in student academic achievement as a result of the use of adjunct content specialists.
  • 20 U.S.C. § 1035(j)
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    (j) The Secretary shall evaluate the activities supported by grants under this section, including the impact of such activities on student academic achievement, and shall report the results of such evaluation to the authorizing committees.
  • 20 U.S.C. § 1036(a)
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    (a) The Secretary shall make grants to eligible institutions to enable such institutions to make graduate fellowship awards to qualified individuals in accordance with the provisions of this section.
  • 20 U.S.C. § 1036(c)
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    (c) An eligible institution that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.
  • 20 U.S.C. § 1036(e)(1)
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    (1) The Secretary shall ensure that an eligible institution that receives a grant under this section—
    (A) shall provide graduate fellowship awards to individuals who plan to pursue a career in instruction at an institution of higher education that has a teacher preparation program; and
    (B) may not provide a graduate fellowship to an otherwise eligible individual—
    (i) during periods in which such individual is enrolled at an institution of higher education unless such individual is maintaining satisfactory academic progress in, and devoting full-time study or research to, the pursuit of the degree for which the fellowship support was provided; or
    (ii) if the individual is engaged in gainful employment, other than part-time employment related to teaching, research, or a similar activity determined by the institution to be consistent with and supportive of the individuals’s1 progress toward the degree for which the fellowship support was provided.
  • 20 U.S.C. § 1036(e)(3)(B)
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    (B) Each eligible institution that receives a grant under this section shall provide an assurance to the Secretary that the institution has inquired of and determined the decision of each individual who has received a graduate fellowship to, within three years of receiving a doctoral degree, begin employment at an institution of higher education that has a teacher preparation program, as required by this section.
  • 20 U.S.C. § 1036(e)(3)(C)
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    (C) Prior to receiving an initial graduate fellowship award, and upon the annual renewal of the graduate fellowship award, an individual selected to receive a graduate fellowship under this section shall sign an agreement with the Secretary agreeing to pursue a career in instruction at an institution of higher education that has a teacher preparation program in accordance with subparagraph (A).
  • 20 U.S.C. § 1036(e)(3)(D)
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    (D) If an individual who receives a graduate fellowship award under this section fails to comply with the agreement signed pursuant to subparagraph (C), the sum of the amounts of any graduate fellowship award received by such recipient shall, upon a determination of such a failure, be treated as a Federal Direct Unsubsidized Stafford Loan under part D of subchapter IV, and shall be subject to repayment, together with interest thereon accruing from the date of the fellowship award, in accordance with terms and conditions specified by the Secretary in regulations under this subpart.
  • 20 U.S.C. § 1036(e)(3)(E)
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    (E) The Secretary may waive or modify the service requirement of this paragraph in accordance with regulations promulgated by the Secretary with respect to the criteria to determine the circumstances under which compliance with such service requirement is inequitable or represents a substantial hardship. The Secretary may waive the service requirement if compliance by the fellowship recipient is determined to be inequitable or represent a substantial hardship—
    (i) because the individual is permanently and totally disabled at the time of the waiver request; or
    (ii) based on documentation presented to the Secretary of substantial economic or personal hardship.
  • 20 U.S.C. § 1036(e)(3)(E)(ii)
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    (ii) based on documentation presented to the Secretary of substantial economic or personal hardship.
  • 20 U.S.C. § 1041(c)
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    (c) Nothing in this subchapter shall be construed to permit, allow, encourage, or authorize the Secretary to establish or support any national system of teacher certification or licensure.
  • 20 U.S.C. § 1057(a)
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    (a) The Secretary shall carry out a program, in accordance with this part, to improve the academic quality, institutional management, and fiscal stability of eligible institutions, in order to increase their self-sufficiency and strengthen their capacity to make a substantial contribution to the higher education resources of the Nation.
  • 20 U.S.C. § 1057(b)(1)
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    (1) From the sums available for this part under section 1068h(a)(1) of this title, the Secretary may award grants to any eligible institution with an application approved under section 1068 of this title in order to assist such an institution to plan, develop, or implement activities that promise to strengthen the institution.
  • 20 U.S.C. § 1057(c)(13)(B)
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    (B) are approved by the Secretary as part of the review and acceptance of such application.
  • 20 U.S.C. § 1057(d)(3)
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    (3) The provisions of part C, regarding the establishment or increase of an endowment fund, that the Secretary determines are not inconsistent with this subsection, shall apply to funds used under paragraph (1).
  • 20 U.S.C. § 1058(b)(1)(D)
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    (D) which is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be reliable authority as to the quality of training offered or which is, according to such an agency or association, making reasonable progress toward accreditation;
  • 20 U.S.C. § 1058(b)(1)(E)
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    (E) which meets such other requirements as the Secretary may prescribe; and
  • 20 U.S.C. § 1059(a)
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    (a) The Secretary may award a grant to an eligible institution under this part for 5 years.
  • 20 U.S.C. § 1059(b)
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    (b) In awarding grants under this part the Secretary shall give priority to applicants who are not already receiving a grant under this part, except that for the purpose of this subsection a grant under subsection (c) and a grant under section 1068c(a)(1) of this title shall not be considered a grant under this part.
  • 20 U.S.C. § 1059(c)
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    (c) Notwithstanding subsection (a), the Secretary may award a grant to an eligible institution under this part for a period of one year for the purpose of preparation of plans and applications for a grant under this part.
  • 20 U.S.C. § 1059c(a)
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    (a) The Secretary shall provide grants and related assistance to Tribal Colleges and Universities to enable such institutions to improve and expand their capacity to serve Indian students.
  • 20 U.S.C. § 1059c(c)(2)(N)(ii)
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    (ii) are approved by the Secretary as part of the review and acceptance of such application.
  • 20 U.S.C. § 1059c(c)(3)(C)
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    (C) The provisions of part C regarding the establishment or increase of an endowment fund, that the Secretary determines are not inconsistent with this paragraph, shall apply to funds used under subparagraph (A).
  • 20 U.S.C. § 1059c(d)(2)(A)
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    (A) A Tribal College or University desiring to receive assistance under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.
  • 20 U.S.C. § 1059c(d)(2)(B)
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    (B) The Secretary shall establish application requirements in such a manner as to simplify and streamline the process for applying for grants under this section.
  • 20 U.S.C. § 1059c(d)(3)(A)(i)
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    (i) Of the amount appropriated to carry out this section for any fiscal year, the Secretary may reserve 30 percent for the purpose of awarding one-year grants of not less than $1,000,000 to address construction, maintenance, and renovation needs at eligible institutions.
  • 20 U.S.C. § 1059c(d)(3)(A)(ii)
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    (ii) In providing grants under clause (i) for any fiscal year, the Secretary shall give preference to eligible institutions that have not received an award under this section for a previous fiscal year.
  • 20 U.S.C. § 1059c(d)(3)(B)(i)
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    (i) Except as provided in clause (ii), the Secretary shall distribute the remaining funds appropriated for any fiscal year to each eligible institution as follows:
    (I) 60 percent of the remaining appropriated funds shall be distributed among the eligible Tribal Colleges and Universities on a pro rata basis, based on the respective Indian student counts (as defined in section 2(a) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801(a))2 of the Tribal Colleges and Universities.
    (II) The remaining 40 percent shall be distributed in equal shares to the eligible Tribal Colleges and Universities.
  • 20 U.S.C. § 1059d(a)
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    (a) The Secretary shall provide grants and related assistance to Alaska Native-serving institutions and Native Hawaiian-serving institutions to enable such institutions to improve and expand their capacity to serve Alaska Natives and Native Hawaiians.
  • 20 U.S.C. § 1059d(d)(1)
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    (1) Each Alaska Native-serving institution and Native Hawaiian-serving institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is an Alaska Native-serving institution or a Native Hawaiian-serving institution as defined in subsection (b), along with such other information and data as the Secretary may by regulation require.
  • 20 U.S.C. § 1059d(d)(2)
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    (2) Any institution which is determined by the Secretary to be an Alaska Native-serving institution or a Native Hawaiian-serving institution may submit an application for assistance under this section to the Secretary. The Secretary shall, to the extent possible, prescribe a simplified and streamlined format for such applications that takes into account the limited number of institutions that are eligible for assistance under this section. Such application shall include—
    (A) a 5-year plan for improving the assistance provided by the Alaska Native-serving institution or the Native Hawaiian-serving institution to Alaska Native or Native Hawaiian students; and
    (B) such other information and assurance as the Secretary may require.
  • 20 U.S.C. § 1059d(d)(2)(B)
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    (B) such other information and assurance as the Secretary may require.
  • 20 U.S.C. § 1059d(d)(3)(C)
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    (C) In awarding grants under this section, the Secretary shall, to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions.
  • 20 U.S.C. § 1059e(b)(1)(B)
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    (B) has an average educational and general expenditure that is low, per full-time equivalent undergraduate student, in comparison with the average educational and general expenditure per full-time equivalent undergraduate student of institutions that offer similar instruction, except that the Secretary may apply the waiver requirements described in section 1068a(b) of this title to this subparagraph in the same manner as the Secretary applies the waiver requirements to section 1058(b)(1)(B) of this title;
  • 20 U.S.C. § 1059e(b)(1)(E)
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    (E) is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be a reliable authority as to the quality of training offered or is, according to such an agency or association, making reasonable progress toward accreditation; and
  • 20 U.S.C. § 1059e(b)(2)(C)(ii)
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    (ii) for the purpose of this paragraph and for such year of attendance, was determined by the Secretary (pursuant to regulations and after consultation with the State educational agency of the State in which the school is located) to be a school in which the enrollment of children meeting a measure of poverty under section 1113(a)(5) of such Act [20 U.S.C. 6313(a)(5)] exceeds 30 percent of the total enrollment of such school; or
  • 20 U.S.C. § 1059e(c)(1)
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    (1) The Secretary is authorized to award grants, from allotments under subsection (e), to Predominantly Black Institutions to enable the Predominantly Black Institutions to carry out the authorized activities described in subsection (d).
  • 20 U.S.C. § 1059e(c)(2)
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    (2) In awarding grants under this section the Secretary shall give priority to Predominantly Black Institutions with large numbers or percentages of students described in subsections1 (b)(1)(A) or (b)(1)(C). The level of priority given to Predominantly Black Institutions with large numbers or percentages of students described in subsection (b)(1)(A) shall be twice the level of priority given to Predominantly Black Institutions with large numbers or percentages of students described in subsection (b)(1)(C).
  • 20 U.S.C. § 1059e(d)(2)(E)(ii)
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    (ii) are approved by the Secretary as part of the review and approval of an application submitted under subsection (f).
  • 20 U.S.C. § 1059e(d)(3)(C)
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    (C) The provisions of part C, regarding the establishment or increase of an endowment fund, that the Secretary determines are not inconsistent with this subsection, shall apply to funds used under subparagraph (A).
  • 20 U.S.C. § 1059e(e)(1)
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    (1) From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution having an application approved under subsection (f) a sum that bears the same ratio to one-half of that amount as the number of Federal Pell Grant recipients in attendance at such institution at the end of the academic year preceding the beginning of that fiscal year, bears to the total number of Federal Pell Grant recipients at all such institutions at the end of such academic year.
  • 20 U.S.C. § 1059e(e)(2)
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    (2) From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution having an application approved under subsection (f) a sum that bears the same ratio to one-fourth of that amount as the number of graduates for such academic year at such institution, bears to the total number of graduates for such academic year at all such institutions.
  • 20 U.S.C. § 1059e(e)(3)
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    (3) From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution having an application approved under subsection (f) a sum that bears the same ratio to one-fourth of that amount as the percentage of graduates from such institution who are admitted to and in attendance at, not later than two years after graduation with an associate’s degree or a baccalaureate degree, a baccalaureate degree-granting institution or a graduate or professional school in a degree program in disciplines in which Black American students are underrepresented, bears to the percentage of such graduates for all such institutions.
  • 20 U.S.C. § 1059e(e)(5)
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    (5) The amount of a Predominantly Black Institution’s allotment under paragraph (1), (2), (3), or (4) for any fiscal year that the Secretary determines will not be needed for such institution for the period for which such allotment is available, shall be available for reallotment to other Predominantly Black Institutions in proportion to the original allotments to such other institutions under this section for such fiscal year. The Secretary shall reallot such amounts from time to time, on such date and during such period as the Secretary determines appropriate.
  • 20 U.S.C. § 1059e(f)
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    (f) Each Predominantly Black Institution desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require.
  • 20 U.S.C. § 1059f(a)
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    (a) The Secretary shall provide grants and related assistance to Native American-serving, nontribal institutions to enable such institutions to improve and expand their capacity to serve Native Americans and low-income individuals.
  • 20 U.S.C. § 1059f(d)(1)
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    (1) A Native American-serving, nontribal institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is a Native American-serving, nontribal institution, along with such other information and data as the Secretary may reasonably require.
  • 20 U.S.C. § 1059f(d)(2)(A)
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    (A) Any institution that is determined by the Secretary to be a Native American-serving, nontribal institution may submit an application for assistance under this section to the Secretary.
  • 20 U.S.C. § 1059f(d)(2)(B)
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    (B) The Secretary shall, to the extent possible, continue to prescribe a simplified and streamlined format for applications under this section that takes into account the limited number of institutions that are eligible for assistance under this section.
  • 20 U.S.C. § 1059f(d)(2)(C)(ii)
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    (ii) such other information and assurances as the Secretary may reasonably require.
  • 20 U.S.C. § 1059f(d)(3)(C)
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    (C) In awarding grants under this section, the Secretary shall, to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions.
  • 20 U.S.C. § 1059g(a)
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    (a) The Secretary shall provide grants and related assistance to Asian American and Native American Pacific Islander-serving institutions to enable such institutions to improve and expand their capacity to serve Asian Americans and Native American Pacific Islanders and low-income individuals.
  • 20 U.S.C. § 1059g(d)(1)
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    (1) Each Asian American and Native American Pacific Islander-serving institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is an Asian American and Native American Pacific Islander-serving institution as defined in subsection (b), along with such other information and data as the Secretary may reasonably require.
  • 20 U.S.C. § 1059g(d)(2)
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    (2) Any institution that is determined by the Secretary to be an Asian American and Native American Pacific Islander-serving institution may submit an application for assistance under this section to the Secretary. Such application shall include—
    (A) a five-year plan for improving the assistance provided by the Asian American and Native American Pacific Islander-serving institution to Asian American and Native American Pacific Islander students and low-income individuals; and
    (B) such other information and assurances as the Secretary may reasonably require.
  • 20 U.S.C. § 1059g(d)(2)(B)
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    (B) such other information and assurances as the Secretary may reasonably require.
  • 20 U.S.C. § 1059g(d)(3)(C)
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    (C) In awarding grants under this section, the Secretary shall—
    (i) to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions; and
    (ii) give priority consideration to institutions for which not less than 10 percent of such institution’s Asian American and Native American Pacific Islander students are low-income individuals.
  • 20 U.S.C. § 1061(2)
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    (2) The term “part B institution” means any historically Black college or university that was established prior to 1964, whose principal mission was, and is, the education of Black Americans, and that is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be a reliable authority as to the quality of training offered or is, according to such an agency or association, making reasonable progress toward accreditation,,1 except that any branch campus of a southern institution of higher education that prior to September 30, 1986, received a grant as an institution with special needs under section 1060 of this title and was formally recognized by the National Center for Education Statistics as a Historically Black College or University but was determined not to be a part B institution on or after October 17, 1986, shall, from July 18, 1988, be considered a part B institution.
  • 20 U.S.C. § 1061(4)
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    (4) The term “professional and academic areas in which Blacks are underrepresented” shall be determined by the Secretary, in consultation with the Commissioner for Education Statistics and the Commissioner of the Bureau of Labor Statistics, on the basis of the most recent available satisfactory data, as professional and academic areas in which the percentage of Black Americans who have been educated, trained, and employed is less than the percentage of Blacks in the general population.
  • 20 U.S.C. § 1062(a)
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    (a) From amounts available under section 1068h(a)(2) of this title for any fiscal year, the Secretary shall make grants (under section 1063 of this title) to institutions which have applications approved by the Secretary (under section 1063a of this title) for any of the following uses:
    (1) Purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes.
    (2) Construction, maintenance, renovation, and improvement in classroom, library, laboratory, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services.
    (3) Support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in their field of instruction.
    (4) Academic instruction in disciplines in which Black Americans are underrepresented.
    (5) Purchase of library books, periodicals, microfilm, and other educational materials, including telecommunications program materials.
    (6) Tutoring, counseling, and student service programs designed to improve academic success.
    (7) Funds and administrative management, and acquisition of equipment for use in strengthening funds management.
    (8) Joint use of facilities, such as laboratories and libraries.
    (9) Establishing or improving a development office to strengthen or improve contributions from alumni and the private sector.
    (10) Establishing or enhancing a program of teacher education designed to qualify students to teach in a public elementary or secondary school in the State that shall include, as part of such program, preparation for teacher certification.
    (11) Establishing community outreach programs which will encourage elementary and secondary students to develop the academic skills and the interest to pursue postsecondary education.
    (12) Acquisition of real property in connection with the construction, renovation, or addition to or improvement of campus facilities.
    (13) Education or financial information designed to improve the financial literacy and economic literacy of students or the students’ families, especially with regard to student indebtedness and student assistance programs under subchapter IV.
    (14) Services necessary for the implementation of projects or activities that are described in the grant application and that are approved, in advance, by the Secretary, except that not more than two percent of the grant amount may be used for this purpose.
    (15) Other activities proposed in the application submitted pursuant to section 1063a of this title that—
    (A) contribute to carrying out the purposes of this part; and
    (B) are approved by the Secretary as part of the review and acceptance of such application.
  • 20 U.S.C. § 1062(a)(14)
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    (14) Services necessary for the implementation of projects or activities that are described in the grant application and that are approved, in advance, by the Secretary, except that not more than two percent of the grant amount may be used for this purpose.
  • 20 U.S.C. § 1062(a)(15)(B)
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    (B) are approved by the Secretary as part of the review and acceptance of such application.
  • 20 U.S.C. § 1062(b)(3)
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    (3) The provisions of part C regarding the establishment or increase of an endowment fund, that the Secretary determines are not inconsistent with this subsection, shall apply to funds used under paragraph (1).
  • 20 U.S.C. § 1063(a)
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    (a) From the amounts appropriated to carry out this part for any fiscal year, the Secretary shall allot to each part B institution a sum which bears the same ratio to one-half that amount as the number of Pell Grant recipients in attendance at such institution at the end of the school year preceding the beginning of that fiscal year bears to the total number of Pell Grant recipients at all part B institutions.
  • 20 U.S.C. § 1063(b)
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    (b) From the amounts appropriated to carry out this part for any fiscal year, the Secretary shall allot to each part B institution a sum which bears the same ratio to one-fourth that amount as the number of graduates for such school year at such institution bears to the total number of graduates for such school year at all part B institutions.
  • 20 U.S.C. § 1063(c)
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    (c) From the amounts appropriated to carry out this part for any fiscal year, the Secretary shall allot to each part B institution a sum which bears the same ratio to one-fourth of that amount as the percentage of graduates per institution, who are admitted to and in attendance at, within 5 years of graduation with a baccalaureate degree, a graduate or professional school in a degree program in disciplines in which Blacks are underrepresented, bears to the percentage of such graduates per institution for all part B institutions.
  • 20 U.S.C. § 1063(d)(1)(A)
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    (A) an amount that is greater than $250,000 but less than $500,000, the Secretary shall award the part B institution an allotment in the amount of $500,000; and
  • 20 U.S.C. § 1063(d)(1)(B)
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    (B) an amount that is equal to or less than $250,000, the Secretary shall award the part B institution an allotment in the amount of $250,000.
  • 20 U.S.C. § 1063(e)
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    (e) The amount of any part B institution’s allotment under subsection (a), (b), (c), or (d) for any fiscal year which the Secretary determines will not be required for such institution for the period such allotment is available shall be available for reallotment from time to time on such date during such period as the Secretary may determine to other part B institutions in proportion to the original allotment to such other institutions under this section for such fiscal year.
  • 20 U.S.C. § 1063(f)(1)
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    (1) The Secretary shall permit any eligible institution for a grant under part B in any fiscal year prior to the fiscal year 1986 to apply for a grant under this part if the eligible institution has merged with another institution of higher education which is not so eligible or has merged with an eligible institution.
  • 20 U.S.C. § 1063(f)(2)
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    (2) The Secretary may establish such regulations as may be necessary to carry out the requirement of paragraph (1) of this subsection.
  • 20 U.S.C. § 1063(g)
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    (g) In any fiscal year that the Secretary determines that Howard University or the University of the District of Columbia will receive an allotment under subsections (b) and (c) of this section which is not in excess of amounts received by Howard University under the Act of March 2, 1867 (14 Stat. 438; 20 U.S.C. 123), relating to annual authorization of appropriations for Howard University, or by the University of the District of Columbia under the District of Columbia Home Rule Act (87 Stat. 774) for such fiscal year, then Howard University and the University of the District of Columbia, as the case may be, shall be ineligible to receive an allotment under this section.
  • 20 U.S.C. § 1063(h)(2)
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    (2) Notwithstanding any other provision of this section, a part B institution shall not receive an allotment under this part for a fiscal year, including the minimum allotment under subsection (d), unless the institution provides the Secretary with the data required by the Secretary and for purposes of the formula described in subsections (a) through (c), including—
    (A) the number of Pell Grant recipients enrolled in the part B institution in the academic year preceding such fiscal year;
    (B) the number of students who earned an associate or baccalaureate degree from the part B institution in the academic year preceding such fiscal year; and
    (C) where appropriate, the percentage of students who, within 5 years of graduation from the part B institution, were admitted to and in attendance at a graduate or professional school in a degree program in disciplines in which Blacks are underrepresented in the academic year preceding such fiscal year.
  • 20 U.S.C. § 1063a(a)
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    (a) No part B institution shall be entitled to its allotment of Federal funds for any grant under section 1063 of this title for any period unless that institution meets the requirements of subparagraphs (C), (D), and (E)1 of section 1058(b)(1) of this title and submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information, as the Secretary may reasonably require. Each such application shall—
    (1) provide that the payments under this chapter will be used for the purposes set forth in section 1062 of this title; and
    (2) provide for making an annual report to the Secretary and provide for—
    (A) conducting, except as provided in subparagraph (B), a financial and compliance audit of an eligible institution, with regard to any funds obtained by it under this subchapter at least once every 2 years and covering the period since the most recent audit, conducted by a qualified, independent organization or person in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Secretary; or
    (B) with regard to an eligible institution which is audited under chapter 75 of title 31 deeming such audit to satisfy the requirements of subparagraph (A) for the period covered by such audit.
  • 20 U.S.C. § 1063a(a)(2)
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    (2) provide for making an annual report to the Secretary and provide for—
    (A) conducting, except as provided in subparagraph (B), a financial and compliance audit of an eligible institution, with regard to any funds obtained by it under this subchapter at least once every 2 years and covering the period since the most recent audit, conducted by a qualified, independent organization or person in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Secretary; or
    (B) with regard to an eligible institution which is audited under chapter 75 of title 31 deeming such audit to satisfy the requirements of subparagraph (A) for the period covered by such audit.
  • 20 U.S.C. § 1063a(a)(2)(A)
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    (A) conducting, except as provided in subparagraph (B), a financial and compliance audit of an eligible institution, with regard to any funds obtained by it under this subchapter at least once every 2 years and covering the period since the most recent audit, conducted by a qualified, independent organization or person in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Secretary; or
  • 20 U.S.C. § 1063a(b)
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    (b) The Secretary shall approve any application which meets the requirements of subsection (a) and shall not disapprove any application submitted under this part, or any modification thereof, without first affording such institution reasonable notice and opportunity for a hearing.
  • 20 U.S.C. § 1063b(a)(1)
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    (1) Subject to the availability of funds appropriated to carry out this section, the Secretary shall award program grants to each of the postgraduate institutions listed in subsection (e) that is determined by the Secretary to be making a substantial contribution to the legal, medical, dental, veterinary, or other graduate education opportunities in mathematics, engineering, or the physical or natural sciences for Black Americans.
  • 20 U.S.C. § 1063b(a)(2)
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    (2) No grant in excess of $1,000,000 may be made under this section unless the postgraduate institution provides assurances that 50 percent of the cost of the purposes for which the grant is made will be paid from non-Federal sources, except that no institution shall be required to match any portion of the first $1,000,000 of the institution’s award from the Secretary. After funds are made available to each eligible institution under the funding rules described in subsection (f), the Secretary shall distribute, on a pro rata basis, any amounts which were not so made available (by reason of the failure of an institution to comply with the matching requirements of this paragraph) among the institutions that have complied with such matching requirement.
  • 20 U.S.C. § 1063b(c)(10)
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    (10) services necessary for the implementation of projects or activities that are described in the grant application and that are approved, in advance, by the Secretary, except that not more than two percent of the grant amount may be used for this purpose;
  • 20 U.S.C. § 1063b(c)(12)(B)
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    (B) are approved by the Secretary as part of the review and acceptance of such application.
  • 20 U.S.C. § 1063b(e)(4)
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    (4) The Secretary shall not award more than 1 grant under this section in any fiscal year to any institution of higher education.
  • 20 U.S.C. § 1063b(e)(5)
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    (5) The president or chancellor of the institution may decide which graduate or professional school or qualified graduate program will receive funds under the grant in any 1 fiscal year, if the allocation of funds among the schools or programs is delineated in the application for funds submitted to the Secretary under this section.
  • 20 U.S.C. § 1063b(f)(3)
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    (3) any amount in excess of $62,900,000, shall be made available to each of the institutions or programs identified in subparagraphs (A) through (X)1 pursuant to a formula developed by the Secretary that uses the following elements:
    (A) The ability of the institution to match Federal funds with non-Federal funds.
    (B) The number of students enrolled in the programs for which the eligible institution received funding under this section in the previous year.
    (C) The average cost of education per student, for all full-time graduate or professional students (or the equivalent) enrolled in the eligible professional or graduate school, or for doctoral students enrolled in the qualified graduate programs.
    (D) The number of students in the previous year who received their first professional or doctoral degree from the programs for which the eligible institution received funding under this section in the previous year.
    (E) The contribution, on a percent basis, of the programs for which the institution is eligible to receive funds under this section to the total number of African Americans receiving graduate or professional degrees in the professions or disciplines related to the programs for the previous year.
  • 20 U.S.C. § 1063c(a)
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    (a) Each recipient of a grant under this part shall keep such records as the Secretary shall prescribe, including records which fully disclose—
    (1) the amount and disposition by such recipient of the proceeds of such assistance;
    (2) the cost of the project or undertaking in connection with which such assistance is given or used;
    (3) the amount of that portion of the cost of the project or undertaking supplied by other sources; and
    (4) such other records as will facilitate an effective audit.
  • 20 U.S.C. § 1063d(a)
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    (a) The Secretary, in consultation with the Executive Director, shall—
    (1) identify each Federal agency with which an HBCU—
    (A) has entered into a grant, contract, or cooperative agreement; or
    (B) is eligible to participate in the programs and initiatives under the jurisdiction of such Federal agency; and
    (2) designate each Federal agency so identified as an applicable agency.
  • 20 U.S.C. § 1063d(b)
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    (b) Not later than February 1 of each year, the head of each applicable agency shall submit to the Secretary, the Executive Director, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and Labor of the House of Representatives, and the President’s Board of Advisors an annual Agency Plan describing efforts to strengthen the capacity of HBCUs to participate or be eligible to participate in the programs and initiatives under the jurisdiction of such applicable agency as described in subsection (a)(1)(B).
  • 20 U.S.C. § 1063d(d)(8)
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    (8) any additional criteria established by the Secretary or the White House Initiative.
  • 20 U.S.C. § 1063e(a)(2)
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    (2) Except as provided in paragraph (3), the Secretary shall provide funding and administrative support for the President’s Board of Advisors, subject to the availability of appropriations.
  • 20 U.S.C. § 1063e(b)(1)
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    (1) The President shall appoint not more than 23 members to the President’s Board of Advisors, and the Secretary and Executive Director or their designees shall serve as ex officio members.
  • 20 U.S.C. § 1063e(b)(2)(A)
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    (A) The President shall designate one member of the President’s Board of Advisors to serve as its Chair, who shall help direct the Board’s work in coordination with the Secretary and in consultation with the Executive Director.
  • 20 U.S.C. § 1065(a)(2)(D)(ii)
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    (ii) The Secretary may waive the requirements of subclauses (I) and (II) of clause (i) with respect to a postgraduate degree in the case of any institution otherwise eligible under clause (i) for an endowment challenge grant upon determining that the institution makes a substantial contribution to medical education opportunities for minorities and the economically disadvantaged.
  • 20 U.S.C. § 1065(b)(1)
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    (1) From sums available for this section under section 1068h of this title, the Secretary is authorized to award endowment challenge grants to eligible institutions to establish or increase an endowment fund at such institution. Such grants shall be made only to eligible institutions described in paragraph (4) whose applications have been approved pursuant to subsection (g).
  • 20 U.S.C. § 1065(b)(2)(B)
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    (B) The Secretary may make a grant under this part to an eligible institution in any fiscal year if the institution—
    (i) applies for a grant in an amount not exceeding $1,000,000; and
    (ii) has deposited in the eligible institution’s endowment fund established under this section an amount which is equal to ½ of the amount of such grant.
  • 20 U.S.C. § 1065(b)(6)(B)
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    (B) The Secretary shall not award a grant to a foundation on behalf of an institution unless—
    (i) the institution assures the Secretary that the foundation is legally authorized to receive the endowment fund corpus and is legally authorized to administer the fund in accordance with this section and any implementing regulation;
    (ii) the foundation agrees to administer the fund in accordance with the requirements of this section and any implementing regulation; and
    (iii) the institution agrees to be liable for any violation by the foundation of the provisions of this section and any implementing regulation, including any monetary liability that may arise as a result of such violation.
  • 20 U.S.C. § 1065(b)(6)(B)(i)
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    (i) the institution assures the Secretary that the foundation is legally authorized to receive the endowment fund corpus and is legally authorized to administer the fund in accordance with this section and any implementing regulation;
  • 20 U.S.C. § 1065(c)(1)
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    (1) An institution awarded a grant under this section shall enter into an agreement with the Secretary containing satisfactory assurances that it will (A) immediately comply with the matching requirements of subsection (b)(2), (B) establish an endowment fund independent of any other such fund of the institution, (C) invest the endowment fund corpus, and (D) meet the other requirements of this section.
  • 20 U.S.C. § 1065(c)(3)(B)(ii)
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    (ii) The Secretary may permit an institution to spend more than 50 percent of the endowment fund income notwithstanding clause (i) if the institution demonstrates such an expenditure is necessary because of (I) a financial emergency, such as a pending insolvency or temporary liquidity problem; (II) a life-threatening situation occasioned by a natural disaster or arson; or (III) any other unusual occurrence or exigent circumstance.
  • 20 U.S.C. § 1065(d)(1)
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    (1) If at any time an institution withdraws part of the endowment fund corpus, the institution shall repay to the Secretary an amount equal to 50 percent of the withdrawn amount, which represents the Federal share, plus income earned thereon. The Secretary may use such repaid funds to make additional challenge grants, or to increase existing endowment grants, to other eligible institutions.
  • 20 U.S.C. § 1065(d)(2)
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    (2) If an institution expends more of the endowment fund income than is permitted under subsection (c), the institution shall repay the Secretary an amount equal to 50 percent of the amount improperly expended (representing the Federal share thereof). The Secretary may use such repaid fund to make additional challenge grants, or to increase existing challenge grants, to other eligible institutions.
  • 20 U.S.C. § 1065(e)
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    (e) An institution receiving a grant under this section shall provide to the Secretary (or a designee thereof) such information (or access thereto) as may be necessary to audit or examine expenditures made from the endowment fund corpus or income in order to determine compliance with this section.
  • 20 U.S.C. § 1065(f)
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    (f) In selecting eligible institutions for grants under this section for any fiscal year, the Secretary shall—
    (1) give priority to an applicant that is receiving assistance under part A or part B or has received a grant under part A of this subchapter or part B of this subchapter within the 5 fiscal years preceding the fiscal year in which the applicant is applying for a grant under this section;
    (2) give priority to an applicant with a greater need for such a grant, based on the current market value of the applicant’s existing endowment in relation to the number of full-time equivalent students enrolled at such institution; and
    (3) consider—
    (A) the effort made by the applicant to build or maintain its existing endowment fund; and
    (B) the degree to which an applicant proposes to match the grant with nongovernmental funds.
  • 20 U.S.C. § 1065(g)
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    (g) Any institution which is eligible for assistance under this section may submit to the Secretary a grant application at such time, in such form, and containing such information as the Secretary may prescribe, including a description of the long- and short-term plans for raising and using the funds under this part. Subject to the availability of appropriations to carry out this section and consistent with the requirement of subsection (f), the Secretary may approve an application for a grant if an institution, in its application, provides adequate assurances that it will comply with the requirements of this section.
  • 20 U.S.C. § 1065(h)(1)
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    (1) After notice and an opportunity for a hearing, the Secretary may terminate and recover a grant awarded under this section if the grantee institution—
    (A) expends portions of the endowment fund corpus or expends more than the permissible amount of the endowment funds income as prescribed in subsection (c)(3);
    (B) fails to invest the endowment fund in accordance with the investment standards set forth in subsection (c)(2); or
    (C) fails to properly account to the Secretary concerning the investment and expenditures of the endowment funds.
  • 20 U.S.C. § 1065(h)(1)(C)
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    (C) fails to properly account to the Secretary concerning the investment and expenditures of the endowment funds.
  • 20 U.S.C. § 1065(h)(2)
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    (2) If the Secretary terminates a grant under paragraph (1), the grantee shall return to the Secretary an amount equal to the sum of each original grant under this section plus income earned thereon. The Secretary may use such repaid funds to make additional endowment grants, or to increase existing challenge grants, to other eligible institutions under this part.
  • 20 U.S.C. § 1065(i)
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    (i) The Secretary, directly or by grant or contract, may provide technical assistance to eligible institutions to prepare the institutions to qualify, apply for, and maintain a grant, under this section.
  • 20 U.S.C. § 1066a(2)
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    (2) The term “loan” means a loan made to an eligible institution under the provisions of this part and pursuant to an agreement with the Secretary.
  • 20 U.S.C. § 1066a(3)
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    (3) The term “qualified bond” means any obligation issued by the designated bonding authority at the direction of the Secretary, the net proceeds of which are loaned to an eligible institution for the purposes described in section 1066b(b) of this title.
  • 20 U.S.C. § 1066a(4)
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    (4) The term “funding” means any payment under this part from the Secretary to the eligible institution or its assignee in fulfillment of the insurance obligations of the Secretary pursuant to an agreement under section 1066b of this title.
  • 20 U.S.C. § 1066a(5)(G)
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    (G) any other facility, equipment or fixture which is essential to the maintaining of accreditation of the member institution by an accrediting agency or association recognized by the Secretary under subpart 2 of part H of subchapter IV; and
  • 20 U.S.C. § 1066a(8)
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    (8) The term “designated bonding authority” means the private, for-profit corporation selected by the Secretary pursuant to section 1066d(1) of this title for the purpose of issuing taxable capital project construction bonds in furtherance of the purposes of this part.
  • 20 U.S.C. § 1066b(a)
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    (a) Subject to the limitations in section 1066c of this title, the Secretary is authorized to enter into insurance agreements to provide financial insurance to guarantee the full payment of principal and interest on qualified bonds upon the conditions set forth in subsections (b), (c) and (d).
  • 20 U.S.C. § 1066b(b)
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    (b) The Secretary may not enter into an insurance agreement described in subsection (a) unless the Secretary designates a qualified bonding authority in accordance with sections 1066d(1) and 1066e1 of this title and the designated bonding authority agrees in such agreement to—
    (1) use the proceeds of the qualified bonds, less costs of issuance not to exceed 2 percent of the principal amount thereof, to make loans to eligible institutions or for deposit into an escrow account for repayment of the bonds;
    (2) provide in each loan agreement with respect to a loan that not less than 95 percent of the proceeds of the loan will be used—
    (A) to finance the repair, renovation, and, in exceptional cases, construction or acquisition, of a capital project; or
    (B) to refinance an obligation the proceeds of which were used to finance the repair, renovation, and, in exceptional cases, construction or acquisition, of a capital project;
    (A) charge such interest on loans, and provide for such a schedule of repayments of loans, as will, upon the timely repayment of the loans, provide adequate and timely funds for the payment of principal and interest on the bonds; and
    (B) require that any payment on a loan expected to be necessary to make a payment of principal and interest on the bonds be due not less than 60 days prior to the date of the payment on the bonds for which such loan payment is expected to be needed;
    (4) prior to the making of any loan, provide for a credit review of the institution receiving the loan and assure the Secretary that, on the basis of such credit review, it is reasonable to anticipate that the institution receiving the loan will be able to repay the loan in a timely manner pursuant to the terms thereof;
    (5) provide in each loan agreement with respect to a loan that, if a delinquency on such loan results in a funding under the insurance agreement, the institution obligated on such loan shall repay the Secretary, upon terms to be determined by the Secretary, for such funding;
    (6) assign any loans to the Secretary, upon the demand of the Secretary, if a delinquency on such loan has required a funding under the insurance agreement;
    (7) in the event of a delinquency on a loan, engage in such collection efforts as the Secretary shall require for a period of not less than 45 days prior to requesting a funding under the insurance agreement;
    (8) establish an escrow account—
    (A) into which each eligible institution shall deposit 5 percent of the proceeds of any loan made under this part, with each eligible institution required to maintain in the escrow account an amount equal to 5 percent of the outstanding principal of all loans made to such institution under this part; and
    (B) the balance of which—
    (i) shall be available to the Secretary to pay principal and interest on the bonds in the event of delinquency in loan repayment; and
    (ii) shall be used to return to an eligible institution an amount equal to any remaining portion of such institution’s 5 percent deposit of loan proceeds within 120 days following scheduled repayment of such institution’s loan;
    (9) provide in each loan agreement with respect to a loan that, if a delinquency on such loan results in amounts being withdrawn from the escrow account to pay principal and interest on bonds, subsequent payments on such loan shall be available to replenish such escrow account;
    (10) comply with the limitations set forth in section 1066c of this title;
    (11) make loans only to eligible institutions under this part in accordance with conditions prescribed by the Secretary to ensure that loans are fairly allocated among as many eligible institutions as possible, consistent with making loans of amounts that will permit capital projects of sufficient size and scope to significantly contribute to the educational program of the eligible institutions; and
    (12) limit loan collateralization, with respect to any loan made under this part, to 100 percent of the loan amount, except as otherwise required by the Secretary.
  • 20 U.S.C. § 1066b(b)(4)
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    (4) prior to the making of any loan, provide for a credit review of the institution receiving the loan and assure the Secretary that, on the basis of such credit review, it is reasonable to anticipate that the institution receiving the loan will be able to repay the loan in a timely manner pursuant to the terms thereof;
  • 20 U.S.C. § 1066b(b)(5)
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    (5) provide in each loan agreement with respect to a loan that, if a delinquency on such loan results in a funding under the insurance agreement, the institution obligated on such loan shall repay the Secretary, upon terms to be determined by the Secretary, for such funding;
  • 20 U.S.C. § 1066b(b)(6)
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    (6) assign any loans to the Secretary, upon the demand of the Secretary, if a delinquency on such loan has required a funding under the insurance agreement;
  • 20 U.S.C. § 1066b(b)(7)
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    (7) in the event of a delinquency on a loan, engage in such collection efforts as the Secretary shall require for a period of not less than 45 days prior to requesting a funding under the insurance agreement;
  • 20 U.S.C. § 1066b(b)(8)(B)(i)
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    (i) shall be available to the Secretary to pay principal and interest on the bonds in the event of delinquency in loan repayment; and
  • 20 U.S.C. § 1066b(b)(11)
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    (11) make loans only to eligible institutions under this part in accordance with conditions prescribed by the Secretary to ensure that loans are fairly allocated among as many eligible institutions as possible, consistent with making loans of amounts that will permit capital projects of sufficient size and scope to significantly contribute to the educational program of the eligible institutions; and
  • 20 U.S.C. § 1066b(b)(12)
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    (12) limit loan collateralization, with respect to any loan made under this part, to 100 percent of the loan amount, except as otherwise required by the Secretary.
  • 20 U.S.C. § 1066b(c)(1)
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    (1) The payment of principal and interest on bonds shall be insured by the Secretary until such time as such bonds have been retired or canceled.
  • 20 U.S.C. § 1066b(c)(3)
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    (3) The Secretary shall create a letter of credit authorizing the Department of the Treasury to disburse funds to the designated bonding authority or its assignee.
  • 20 U.S.C. § 1066b(c)(4)
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    (4) The letter of credit shall be drawn upon in the amount determined by paragraph (5) of this subsection upon the certification of the designated bonding authority to the Secretary or the Secretary’s designee that there is a delinquency on 1 or more loans and there are insufficient funds available from loan repayments and the escrow account to make a scheduled payment of principal and interest on the bonds.
  • 20 U.S.C. § 1066b(c)(5)
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    (5) Upon receipt by the Secretary or the Secretary’s designee of the certification described in paragraph (4) of this subsection, the designated bonding authority may draw a funding under the letter of credit in an amount equal to—
    (A) the amount required to make the next scheduled payment of principal and interest on the bonds, less
    (B) the amount available to the designated bonding authority from loan repayments and the escrow account.
  • 20 U.S.C. § 1066b(e)
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    (e) Notwithstanding any other provision of law, a qualified bond guaranteed under this part may be sold to any party that offers terms that the Secretary determines are in the best interest of the eligible institution.
  • 20 U.S.C. § 1066c(b)
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    (b) The authority of the Secretary to issue letters of credit and insurance under this part is effective only to the extent provided in advance by appropriations Acts.
  • 20 U.S.C. § 1066d
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    In the performance of, and with respect to, the functions vested in the Secretary by this part, the Secretary—
  • 20 U.S.C. § 1066d(1)(B)
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    (B) specify any information, qualifications, criteria, or standards the Secretary determines to be necessary to evaluate the financial capacity and administrative capability of any applicant to carry out the responsibilities of the designated bonding authority under this part;
  • 20 U.S.C. § 1066d(3)(B)
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    (B) following the review described in subparagraph (A), implement a revised competitive selection process, if determined necessary by the Secretary in consultation with the Advisory Board established pursuant to section 1066f of this title;
  • 20 U.S.C. § 1066d(5)
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    (5) may sue and be sued in any court of record of a State having general jurisdiction or in any district court of the United States, and such district courts shall have jurisdiction of civil actions arising under this part without regard to the amount in controversy, and any action instituted under this part without regard to the amount in controversy, and any action instituted under this section by or against the Secretary shall survive notwithstanding any change in the person occupying the office of the Secretary or any vacancy in such office;
  • 20 U.S.C. § 1066d(6)(A)
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    (A) may foreclose on any property and bid for and purchase at any foreclosure, or any other sale, any property in connection with which the Secretary has been assigned a loan pursuant to this part; and
  • 20 U.S.C. § 1066d(6)(B)(i)
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    (i) such action shall not preclude any other action by the Secretary to recover any deficiency in the amount of a loan assigned to the Secretary; and
  • 20 U.S.C. § 1066f(a)
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    (a) There is established within the Department of Education, the Historically Black College and Universities Capital Financing Advisory Board (hereinafter in this part referred to as the “Advisory Board”) which shall provide advice and counsel to the Secretary and the designated bonding authority as to the most effective and efficient means of implementing construction financing on African American college campuses, and advise the Congress of the United States regarding the progress made in implementing this part. The Advisory Board shall meet with the Secretary at least twice each year to advise him as to the capital needs of historically Black colleges and universities, how those needs can be met through the program authorized by this part, and what additional steps might be taken to improve the operation and implementation of the construction financing program.
  • 20 U.S.C. § 1066f(b)(1)
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    (1) The Advisory Board shall be appointed by the Secretary and shall be composed of 11 members as follows:
    (A) The Secretary or the Secretary’s designee.
    (B) Three members who are presidents of private historically Black colleges or universities.
    (C) Three members who are presidents of public historically Black colleges or universities.
    (D) The president of the United Negro College Fund, Inc., or the president’s designee.
    (E) The president of the National Association for Equal Opportunity in Higher Education, or the designee of the Association.
    (F) The executive director of the White House Initiative on historically Black colleges and universities.
    (G) The president of the Thurgood Marshall College Fund, or the designee of the president.
  • 20 U.S.C. § 1066f(b)(1)(A)
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    (A) The Secretary or the Secretary’s designee.
  • 20 U.S.C. § 1066f(c)(1)
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    (1) In addition to the responsibilities of the Advisory Board described in subsection (a), the Advisory Board shall advise the Secretary and the authorizing committees regarding—
    (A) the fiscal status and strategic financial condition of not less than ten historically Black colleges and universities that have—
    (i) obtained construction financing through the program under this part and seek additional financing or refinancing under such program; or
    (ii) applied for construction financing through the program under this part but have not received financing under such program; and
    (B) the feasibility of reducing borrowing costs associated with the program under this part, including reducing interest rates.
  • 20 U.S.C. § 1066g
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    In the performance of and with respect to the Secretary’s effectuation of his responsibilities under section 1066d(1) of this title and to the maximum extent feasible in the implementation of the purposes of this part, minority business persons, including bond underwriters and credit enhancers, bond counsel, marketers, accountants, advisors, construction contractors, and managers should be utilized.
  • 20 U.S.C. § 1067a(b)
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    (b) The Secretary shall, in accordance with the provisions of this subpart, carry out a program of making grants to institutions of higher education that are designed to effect long-range improvement in science and engineering education at predominantly minority institutions and to increase the participation of underrepresented ethnic minorities, particularly minority women, in scientific and technological careers.
  • 20 U.S.C. § 1067b(a)
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    (a) Grants under this subpart shall be awarded on the basis of criteria established by the Secretary by regulations.
  • 20 U.S.C. § 1067b(b)
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    (b) In establishing criteria under subsection (a), the Secretary shall give priority to applicants which have not previously received funding from the Minority Institutions Science Improvement Program and to previous grantees with a proven record of success, as well as to applications that contribute to achieving balance among projects with respect to geographic region, academic discipline, and project type.
  • 20 U.S.C. § 1067b(c)
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    (c) In establishing criteria under subsection (a), the Secretary may consider the following selection criteria in making grants:
    (1) plan of operation;
    (2) quality of key personnel;
    (3) budget and cost effectiveness;
    (4) evaluation plan;
    (5) adequacy of resources;
    (6) identification of need for the project;
    (7) potential institutional impact of the project;
    (8) institutional commitment to the project;
    (9) expected outcomes; and
    (10) scientific and educational value of the proposed project.
  • 20 U.S.C. § 1067e(a)
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    (a) Subject to the availability of appropriations to carry out this subpart, the Secretary shall make grants to eligible partnerships (as described in subsection (f)) to support the engagement of underrepresented minority youth and youth who are low-income individuals (as such term is defined in section 1058 of this title) in science, technology, engineering, and mathematics through outreach and hands-on, experiential-based learning projects that encourage students in kindergarten through grade 12 who are underrepresented minority youth or low-income individuals to pursue careers in science, technology, engineering, and mathematics.
  • 20 U.S.C. § 1067e(e)
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    (e) In awarding grants under this subpart, the Secretary shall ensure that, to the maximum extent practicable, the projects funded under this subpart are located in diverse geographic regions of the United States.
  • 20 U.S.C. § 1067e–1(a)
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    (a) The Secretary is authorized to enter into a contract with a firm with a demonstrated record of success in advertising to implement a campaign to expand the population of qualified individuals in science, technology, engineering, and mathematics fields (referred to in this section as “STEM fields”) by encouraging young Americans to enter such fields.
  • 20 U.S.C. § 1067e–2
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    The Secretary shall develop an evaluation and accountability plan for projects funded under this subpart. Such plan shall include, if the Secretary determines that it is practical, an objective measure of the impact of such projects, such as a measure of whether underrepresented minority student enrollment in courses related to science, technology, engineering, and mathematics increases at the secondary and postsecondary levels.
  • 20 U.S.C. § 1067h(a)
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    (a) An eligible applicant (as determined under section 1067g of this title) that desires to receive a grant under this part shall submit to the Secretary an application therefor at such time or times, in such manner, and containing such information as the Secretary may prescribe by regulation. Such application shall set forth—
    (1) a program of activities for carrying out one or more of the purposes described in section 1067a(b) of this title in such detail as will enable the Secretary to determine the degree to which such program will accomplish such purpose or purposes; and
    (2) such other policies, procedures, and assurances as the Secretary may require by regulation.
  • 20 U.S.C. § 1067h(a)(1)
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    (1) a program of activities for carrying out one or more of the purposes described in section 1067a(b) of this title in such detail as will enable the Secretary to determine the degree to which such program will accomplish such purpose or purposes; and
  • 20 U.S.C. § 1067h(a)(2)
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    (2) such other policies, procedures, and assurances as the Secretary may require by regulation.
  • 20 U.S.C. § 1067h(b)
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    (b) The Secretary shall approve an application only if the Secretary determines that the application sets forth a program of activities which are likely to make substantial progress toward achieving the purposes of this part.
  • 20 U.S.C. § 1067j(a)
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    (a) The Secretary shall appoint, without regard to the provisions of title 5 governing appointments in the competitive service, not less than 2 technical employees with appropriate scientific and educational background to administer the programs under this part who may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.
  • 20 U.S.C. § 1067j(b)
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    (b) The Secretary shall establish procedures for reviewing and evaluating grants and contracts made or entered into under such programs. Procedures for reviewing grant applications, based on the peer review system, or contracts for financial assistance under this subchapter may not be subject to any review outside of officials responsible for the administration of the Minority Science and Engineering Improvement Programs.
  • 20 U.S.C. § 1067k(3)
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    (3) The term “minority institution” means an institution of higher education whose enrollment of a single minority or a combination of minorities (as defined in paragraph (2)) exceeds 50 percent of the total enrollment. The Secretary shall verify this information from the data on enrollments in the higher education general information surveys (HEGIS) furnished by the institution to the Office for Civil Rights, Department of Education.
  • 20 U.S.C. § 1067q(b)(1)(A)
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    (A) There shall be available to the Secretary to carry out this section, from funds in the Treasury not otherwise appropriated, $255,000,000 for fiscal year 2020 and each fiscal year thereafter.
  • 20 U.S.C. § 1067q(b)(2)(D)(iv)(II)
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    (II) to which the Secretary, to the extent possible and consistent with a competitive process under which such grants are awarded, allocates funds under this clause to ensure maximum and equitable distribution among all such eligible institutions.
  • 20 U.S.C. § 1067q(c)(3)(C)(ii)
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    (ii) which for the purpose of this paragraph and for that year was determined by the Secretary (pursuant to regulations and after consultation with the State educational agency of the State in which the school is located) to be a school in which the enrollment of children counted under a measure of poverty described in section 1113(a)(5) of such Act [20 U.S.C. 6313(a)(5)] exceeds 30 percent of the total enrollment of such school; or
  • 20 U.S.C. § 1067q(c)(8)(B)
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    (B) submits to the Secretary such enrollment data as may be necessary to demonstrate that the institution is described in subparagraph (A), along with such other information and data as the Secretary may by regulation require.
  • 20 U.S.C. § 1067q(c)(9)(B)
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    (B) has an average educational and general expenditure which is low, per full-time equivalent undergraduate student in comparison with the average educational and general expenditure per full-time equivalent undergraduate student of institutions of higher education that offer similar instruction, except that the Secretary may apply the waiver requirements described in section 1068a(b) of this title to this subparagraph in the same manner as the Secretary applies the waiver requirements to section 1058(b)(1)(B) of this title;
  • 20 U.S.C. § 1067q(c)(9)(E)
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    (E) is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be a reliable authority as to the quality of training offered, or is, according to such an agency or association, making reasonable progress toward accreditation; and
  • 20 U.S.C. § 1068(a)(1)
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    (1) Any institution which is eligible for assistance under this subchapter shall submit to the Secretary an application for assistance at such time, in such form, and containing such information, as may be necessary to enable the Secretary to evaluate the institution’s need for the assistance. Subject to the availability of appropriations to carry out this subchapter, the Secretary may approve an application for assistance under this subchapter only if the Secretary determines that—
    (A) the application meets the requirements of subsection (b);
    (B) the applicant is eligible for assistance in accordance with the part of this subchapter under which the assistance is sought; and
    (C) the applicant’s performance goals are sufficiently rigorous as to meet the purposes of this subchapter and the performance objectives and indicators for this subchapter established by the Secretary pursuant to the Government Performance and Results Act of 1993 and the amendments made by such Act.
  • 20 U.S.C. § 1068(a)(1)(C)
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    (C) the applicant’s performance goals are sufficiently rigorous as to meet the purposes of this subchapter and the performance objectives and indicators for this subchapter established by the Secretary pursuant to the Government Performance and Results Act of 1993 and the amendments made by such Act.
  • 20 U.S.C. § 1068(a)(2)
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    (2) In carrying out paragraph (1), the Secretary may develop a preliminary application for use by eligible institutions applying under part A prior to the submission of the principal application.
  • 20 U.S.C. § 1068(b)(1)
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    (1) set forth, or describe how the institution (other than an institution applying under part C, D or E) will develop, a comprehensive development plan to strengthen the institution’s academic quality and institutional management, and otherwise provide for institutional self-sufficiency and growth (including measurable objectives for the institution and the Secretary to use in monitoring the effectiveness of activities under this subchapter);
  • 20 U.S.C. § 1068(b)(5)
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    (5) provide (A) for making such reports, in such form and containing such information, as the Secretary may require to carry out the functions under this subchapter, including not less than one report annually setting forth the institution’s progress toward achieving the objectives for which the funds were awarded, and (B) for keeping such records and affording such access thereto, as the Secretary may find necessary to assure the correctness and verification of such reports;
  • 20 U.S.C. § 1068(b)(8)
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    (8) include such other information as the Secretary may prescribe.
  • 20 U.S.C. § 1068(c)
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    (c) The Secretary shall publish in the Federal Register, pursuant to chapter 5 of title 5, all policies and procedures required to exercise the authority set forth in subsection (a). No other criteria, policies, or procedures shall apply.
  • 20 U.S.C. § 1068(d)
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    (d) The Secretary shall use the most recent and relevant data concerning the number and percentage of students receiving need-based assistance under subchapter IV of this chapter in making eligibility determinations under section 1058 of this title and shall advance the base-year forward following each annual grant cycle.
  • 20 U.S.C. § 1068(e)
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    (e) The Secretary, directly or by grant or contract, may provide technical assistance to eligible institutions to prepare the institutions to qualify, apply for, and maintain a grant, under this subchapter.
  • 20 U.S.C. § 1068a(a)
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    (a) The Secretary may waive the requirements set forth in section 1058(b)(1)(A) of this title in the case of an institution—
    (1) which is extensively subsidized by the State in which it is located and charges low or no tuition;
    (2) which serves a substantial number of low-income students as a percentage of its total student population;
    (3) which is contributing substantially to increasing higher education opportunities for educationally disadvantaged, underrepresented, or minority students, who are low-income individuals;
    (4) which is substantially increasing higher educational opportunities for individuals in rural or other isolated areas which are unserved by postsecondary institutions;
    (5) located on or near an Indian reservation or a substantial population of Indians, if the Secretary determines that the waiver will substantially increase higher education opportunities appropriate to the needs of American Indians;
    (6) that is a tribally controlled college or university as defined in section 1801 of title 25; or
    (7) wherever located, if the Secretary determines that the waiver will substantially increase higher education opportunities appropriate to the needs of Black Americans, Hispanic Americans, Native Americans, Asian Americans, or Pacific Islanders, including Native Hawaiians.
  • 20 U.S.C. § 1068a(a)(5)
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    (5) located on or near an Indian reservation or a substantial population of Indians, if the Secretary determines that the waiver will substantially increase higher education opportunities appropriate to the needs of American Indians;
  • 20 U.S.C. § 1068a(a)(7)
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    (7) wherever located, if the Secretary determines that the waiver will substantially increase higher education opportunities appropriate to the needs of Black Americans, Hispanic Americans, Native Americans, Asian Americans, or Pacific Islanders, including Native Hawaiians.
  • 20 U.S.C. § 1068a(b)(1)
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    (1) The Secretary may waive the requirements set forth in section 1058(b)(1)(B) of this title if the Secretary determines, based on persuasive evidence submitted by the institution, that the institution’s failure to meet that criterion is due to factors which, when used in the determination of compliance with such criterion, distort such determination, and that the institution’s designation as an eligible institution under part A is otherwise consistent with the purposes of such parts.1
  • 20 U.S.C. § 1068a(b)(2)
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    (2) The Secretary shall submit to the Congress every other year a report concerning the institutions which, although not satisfying the criterion contained in section 1058(b)(1)(B) of this title, have been determined to be eligible institutions under part A which enroll significant numbers of Black American, Hispanic, Native American, Asian American, or Native Hawaiian students under part A, as the case may be. Such report shall—
    (A) identify the factors referred to in paragraph (1) which were considered by the Secretary as factors that distorted the determination of compliance with subparagraphs (A) and (B) of section 1058(b)(1) of this title; and
    (B) contain a list of each institution determined to be an eligible institution under part A including a statement of the reasons for each such determination.
  • 20 U.S.C. § 1068a(b)(2)(A)
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    (A) identify the factors referred to in paragraph (1) which were considered by the Secretary as factors that distorted the determination of compliance with subparagraphs (A) and (B) of section 1058(b)(1) of this title; and
  • 20 U.S.C. § 1068a(b)(3)
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    (3) The Secretary may waive the requirement set forth in section 1058(b)(1)(E)2 of this title in the case of an institution located on or near an Indian reservation or a substantial population of Indians, if the Secretary determines that the waiver will substantially increase higher education opportunities appropriate to the needs of American Indians.
  • 20 U.S.C. § 1068a(c)(1)
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    (1) Notwithstanding any other provision of law, unless enacted with specific reference to this section, for any affected institution that was receiving assistance under this subchapter at the time of a Gulf hurricane disaster, the Secretary shall, for each of the fiscal years 2009 through 2011 (and may, for each of the fiscal years 2012 and 2013)—
    (A) waive—
    (i) the eligibility data requirements set forth in section 1068(d) of this title;
    (ii) the wait-out period set forth in section 1059(d) of this title;
    (iii) the allotment requirements under section 1063 of this title; and
    (iv) the use of the funding formula developed pursuant to section 1063b(f)(3) of this title;
    (B) waive or modify any statutory or regulatory provision to ensure that affected institutions that were receiving assistance under this subchapter at the time of a Gulf hurricane disaster are not adversely affected by any formula calculation for fiscal year 2009 or for any of the four succeeding fiscal years, as necessary; and
    (C) make available to each affected institution an amount that is not less than the amount made available to such institution under this subchapter for fiscal year 2006, except that for any fiscal year for which the funds appropriated for payments under this subchapter are less than the appropriated level for fiscal year 2006, the amount made available to such institutions shall be ratably reduced among the institutions receiving funds under this subchapter.
  • 20 U.S.C. § 1068b(a)(1)
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    (1) All applications submitted under this subchapter by institutions of higher education shall be read by a panel of readers composed of individuals selected by the Secretary. The Secretary shall assure that no individual assigned under this section to review any application has any conflict of interest with regard to the application which might impair the impartiality with which the individual conducts the review under this section.
  • 20 U.S.C. § 1068b(a)(2)
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    (2) The Secretary shall take care to assure that representatives of historically and predominantly Black colleges, Hispanic institutions, Tribal Colleges and Universities, and institutions with substantial numbers of Hispanics, Native Americans, Asian Americans, and Native American Pacific Islanders (including Native Hawaiians) are included as readers.
  • 20 U.S.C. § 1068b(a)(3)
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    (3) All readers selected by the Secretary shall receive thorough instruction from the Secretary regarding the evaluation process for applications submitted under this subchapter and consistent with the provisions of this subchapter, including—
    (A) explanations and examples of the types of activities referred to in section 1057(b) of this title that should receive special consideration for grants awarded under part A and of the types of activities referred to in section 1062 of this title that should receive special consideration for grants awarded under part B;
    (B) an enumeration of the factors to be used to determine the quality of applications submitted under this subchapter; and
    (C) an enumeration of the factors to be used to determine whether a grant should be awarded for a project under this subchapter, the amount of any such grant, and the duration of any such grant.
  • 20 U.S.C. § 1068b(b)
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    (b) In awarding grants under this subchapter, the Secretary shall take into consideration the recommendations of the panel made under subsection (a).
  • 20 U.S.C. § 1068b(c)
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    (c) Not later than June 30 of each year, the Secretary shall notify each institution of higher education making an application under this subchapter of—
    (1) the scores given the applicant by the panel pursuant to this section;
    (2) the recommendations of the panel with respect to such application; and
    (3) the reasons for the decision of the Secretary in awarding or refusing to award a grant under this subchapter, and any modifications, if any, in the recommendations of the panel made by the Secretary.
  • 20 U.S.C. § 1068b(c)(3)
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    (3) the reasons for the decision of the Secretary in awarding or refusing to award a grant under this subchapter, and any modifications, if any, in the recommendations of the panel made by the Secretary.
  • 20 U.S.C. § 1068c(a)
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    (a) The Secretary may make grants to encourage cooperative arrangements—
    (1) with funds available to carry out part A, between institutions eligible for assistance under part A and between such institutions and institutions not receiving assistance under this subchapter; or
    (2) with funds available to carry out part B, between institutions eligible for assistance under part B and institutions not receiving assistance under this subchapter;
    for the activities described in section 1057(b) of this title or section 1062 of this title, as the case may be, so that the resources of the cooperating institutions might be combined and shared to achieve the purposes of such parts and avoid costly duplicative efforts and to enhance the development of part A and part B eligible institutions.
  • 20 U.S.C. § 1068c(b)
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    (b) The Secretary shall give priority to grants for the purposes described under subsection (a) whenever the Secretary determines that the cooperative arrangement is geographically and economically sound or will benefit the applicant institution.
  • 20 U.S.C. § 1068d(a)
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    (a) Each institution which the Secretary determines to be an institution eligible under part A or an institution eligible under part B may be eligible for waivers in accordance with subsection (b).
  • 20 U.S.C. § 1068d(b)(1)
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    (1) Subject to, and in accordance with, regulations promulgated for the purpose of this section, in the case of any application by an institution referred to in subsection (a) for assistance under any programs specified in paragraph (2), the Secretary is authorized, if such application is otherwise approvable, to waive any requirement for a non-Federal share of the cost of the program or project, or, to the extent not inconsistent with other law, to give, or require to be given, priority consideration of the application in relation to applications from other institutions.
  • 20 U.S.C. § 1068d(c)
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    (c) The Secretary shall not waive, under subsection (b), the non-Federal share requirement for any program for applications which, if approved, would require the expenditure of more than 10 percent of the appropriations for the program for any fiscal year.
  • 20 U.S.C. § 1068g
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    The Secretary shall make continuation awards under this subchapter for the second and succeeding years of a grant only after determining that the recipient is making satisfactory progress in carrying out the grant.
  • 20 U.S.C. § 1068h(b)
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    (b) In the event of a multiple year award to any institution under this subchapter, the Secretary shall make funds available for such award from funds appropriated for this subchapter for the fiscal year in which such funds are to be used by the recipient.
  • 20 U.S.C. § 1070(b)
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    (b) The Secretary shall, in accordance with subparts 1 through 9 of this part, carry out programs to achieve the purposes of this part.
  • 20 U.S.C. § 1070a(b)(1)(E)
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    (E) With respect to a student who is not eligible for the total maximum Federal Pell Grant under subparagraph (A) or a minimum Federal Pell Grant under subparagraph (C), the Secretary shall subtract from the student or parents’ adjusted gross income, as applicable based on whose income is used for the Federal Pell Grant calculation, the sum of the following for the individual whose income is so used, and consider such difference the adjusted gross income for purposes of determining the student’s eligibility for such Federal Pell Grant award under such subparagraph:
    (i) If the applicant, or, if applicable, the parents or spouse of the applicant, elects to report receiving college grant and scholarship aid included in gross income on a Federal tax return described in section 1087vv(e)(2) of this title, the amount of such aid.
    (ii) Income earned from work under part C of this subchapter.
  • 20 U.S.C. § 1070a(b)(2)
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    (2) In any case where a student is enrolled in an eligible program of an institution of higher education on less than a full-time basis (including a student who attends an institution of higher education on less than a half-time basis) during any academic year, the amount of the Federal Pell Grant to which that student is entitled shall be reduced in direct proportion to the degree to which that student is not so enrolled on a full-time basis, rounded to the nearest whole percentage point, as provided in a schedule of reductions published by the Secretary computed in accordance with this subpart. Such schedule of reductions shall be published in the Federal Register in accordance with section 1089 of this title. Such reduced Federal Pell Grant for a student enrolled on a less than full-time basis shall also apply proportionally to students who are otherwise eligible to receive the minimum Federal Pell Grant, if enrolled full-time.
  • 20 U.S.C. § 1070a(b)(4)
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    (4) Notwithstanding any other provision of this subpart, the Secretary shall allow the amount of the Federal Pell Grant to be exceeded for students participating in a program of study abroad approved for credit by the institution at which the student is enrolled when the reasonable costs of such program are greater than the cost of attendance at the student’s home institution, except that the amount of such Federal Pell Grant in any fiscal year shall not exceed the maximum amount of a Federal Pell Grant for which a student is eligible under paragraph (1) or (2) during such award year. If the preceding sentence applies, the financial aid administrator at the home institution may use the cost of the study abroad program, rather than the home institution’s cost, to determine the cost of attendance of the student.
  • 20 U.S.C. § 1070a(b)(8)(A)
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    (A) For each fiscal year through fiscal year 2034, the Secretary shall pay to each eligible institution such sums as may be necessary to pay each eligible student for each academic year during which that student is in attendance at an institution of higher education as an undergraduate, a Federal Pell Grant in the amount for which that student is eligible.
  • 20 U.S.C. § 1070a(b)(8)(B)
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    (B) Nothing in this section shall be interpreted to prohibit the Secretary from paying directly to students, in advance of the beginning of the academic term, an amount for which they are eligible, in the cases where an eligible institution does not participate in the disbursement system under subparagraph (A).
  • 20 U.S.C. § 1070a(b)(9)(A)
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    (A) Effective in the 2017–2018 award year and thereafter, the Secretary shall award an eligible student not more than one and one-half Federal Pell Grants during a single award year to permit such student to work toward completion of an eligible program if, during that single award year, the student has received a Federal Pell Grant for an award year and is enrolled in an eligible program for one or more additional payment periods during the same award year that are not otherwise fully covered by the student’s Federal Pell Grant.
  • 20 U.S.C. § 1070a(b)(9)(D)
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    (D) In any case where an eligible student is receiving a Federal Pell Grant for a payment period that spans 2 award years, the Secretary shall allow the eligible institution in which the student is enrolled to determine the award year to which the additional period shall be assigned, as it determines is most beneficial to students.
  • 20 U.S.C. § 1070a(c)(3)(A)
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    (A) the Secretary shall establish the necessary data-sharing agreements with the Secretary of Veterans Affairs and the Secretary of Defense, as applicable, to provide the information necessary to determine which students meet the requirements of paragraph (2)(A)(i); and
  • 20 U.S.C. § 1070a(c)(3)(B)
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    (B) the financial aid administrator shall verify with the student that the student is eligible for the adjustment and notify the Secretary of the adjustment of the student’s eligibility.
  • 20 U.S.C. § 1070a(c)(6)
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    (6) The Secretary shall award grants under this subsection in the same manner and with the same terms and conditions, including the length of the period of eligibility, as the Secretary awards Federal Pell Grants under subsection (b), except that—
    (A) the award rules and determination of need applicable to the calculation of Federal Pell Grants under subsection (b)(1) shall not apply to grants made under this subsection; and
    (B) the maximum period determined under subsection (d)(5) shall be determined by including all grants made under this section received by the eligible student and all grants so received under subpart 10 before the effective date of this subsection.
  • 20 U.S.C. § 1070a(d)(3)
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    (3) No student is entitled to receive Pell Grant payments concurrently from more than one institution or from both the Secretary and an institution.
  • 20 U.S.C. § 1070a(d)(4)
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    (4) Notwithstanding paragraph (1), the Secretary may allow, on a case-by-case basis, a student to receive a Federal Pell Grant if the student—
    (A) is carrying at least one-half the normal full-time work load for the course of study the student is pursuing, as determined by the institution of higher education; and
    (B) is enrolled or accepted for enrollment in a postbaccalaureate program that does not lead to a graduate degree, and in courses required by a State in order for the student to receive a professional certification or licensing credential that is required for employment as a teacher in an elementary school or secondary school in that State,
    except that this paragraph shall not apply to a student who is enrolled in an institution of higher education that offers a baccalaureate degree in education.
  • 20 U.S.C. § 1070a(d)(5)(A)
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    (A) Except as provided in subparagraph (B), the period during which a student may receive Federal Pell Grants shall not exceed 12 semesters, or the equivalent of 12 semesters, as determined by the Secretary by regulation. Such regulations shall provide, with respect to a student who received a Federal Pell Grant for a term but was enrolled at a fraction of full time, that only that same fraction of such semester or equivalent shall count towards such duration limits.
  • 20 U.S.C. § 1070a(e)(1)
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    (1) The Secretary shall from time to time set dates by which students shall file the Free Application for Federal Student Aid under section 1090 of this title.
  • 20 U.S.C. § 1070a(e)(2)
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    (2) Each student desiring a Federal Pell Grant for any year shall file the Free Application for Federal Student Aid containing the information necessary to enable the Secretary to carry out the functions and responsibilities of this subpart.
  • 20 U.S.C. § 1070a(f)
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    (f) Payments under this section shall be made in accordance with regulations promulgated by the Secretary for such purpose, in such manner as will best accomplish the purpose of this section. Any disbursement allowed to be made by crediting the student’s account shall be limited to tuition and fees, and food and housing if that food and housing is institutionally owned or operated. The student may elect to have the institution provide other such goods and services by crediting the student’s account.
  • 20 U.S.C. § 1070a(g)
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    (g) If, for any fiscal year, the funds appropriated for payments under this subpart are insufficient to satisfy fully all entitlements, as calculated under subsections (b) and (c) (but at the maximum grant level specified in such appropriation), the Secretary shall promptly transmit a notice of such insufficiency to each House of the Congress, and identify in such notice the additional amount that would be required to be appropriated to satisfy fully all entitlements (as so calculated at such maximum grant level).
  • 20 U.S.C. § 1070a(i)
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    (i) Any institution of higher education which enters into an agreement with the Secretary to disburse to students attending that institution the amounts those students are eligible to receive under this subpart shall not be deemed, by virtue of such agreement, a contractor maintaining a system of records to accomplish a function of the Secretary. Recipients of Pell Grants shall not be considered to be individual grantees for purposes of chapter 81 of title 41.
  • 20 U.S.C. § 1070a(j)(1)
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    (1) No institution of higher education shall be an eligible institution for purposes of this subpart if such institution of higher education is ineligible to participate in a loan program under part B or D as a result of a final default rate determination made by the Secretary under part B or D after the final publication of cohort default rates for fiscal year 1996 or a succeeding fiscal year.
  • 20 U.S.C. § 1070a(j)(2)
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    (2) No institution may be subject to the terms of this subsection unless the institution has had the opportunity to appeal the institution’s default rate determination under regulations issued by the Secretary for the loan program authorized under part B or D, as applicable. This subsection shall not apply to an institution that was not participating in the loan program authorized under part B or D on October 7, 1998, unless the institution subsequently participates in the loan programs.
  • 20 U.S.C. § 1070a–11(a)
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    (a) The Secretary shall, in accordance with the provisions of this division, carry out a program of making grants and contracts designed to identify qualified individuals from disadvantaged backgrounds, to prepare them for a program of postsecondary education, to provide support services for such students who are pursuing programs of postsecondary education, to motivate and prepare students for doctoral programs, and to train individuals serving or preparing for service in programs and projects so designed.
  • 20 U.S.C. § 1070a–11(b)(1)
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    (1) For the purposes described in subsection (a), the Secretary is authorized, without regard to section 6101 of title 41, to make grants to, and contracts with, institutions of higher education, public and private agencies and organizations, including community-based organizations with experience in serving disadvantaged youth, combinations of such institutions, agencies and organizations, and, as appropriate to the purposes of the program, secondary schools, for planning, developing, or carrying out one or more of the services assisted under this division.
  • 20 U.S.C. § 1070a–11(b)(2)(A)
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    (A) in order to synchronize the awarding of grants for programs under this division, the Secretary may, under such terms as are consistent with the purposes of this division, provide a one-time, limited extension of the length of such an award;
  • 20 U.S.C. § 1070a–11(b)(2)(C)
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    (C) grants under section 1070a–18 of this title shall be awarded for a period determined by the Secretary.
  • 20 U.S.C. § 1070a–11(c)(1)
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    (1) An eligible entity that desires to receive a grant or contract under this division shall submit an application to the Secretary in such manner and form, and containing such information and assurances, as the Secretary may reasonably require.
  • 20 U.S.C. § 1070a–11(c)(2)(A)
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    (A) In making grants under this division, the Secretary shall consider each applicant’s prior experience of high quality service delivery, as determined under subsection (f), under the particular program for which funds are sought. The level of consideration given the factor of prior experience shall not vary from the level of consideration given such factor during fiscal years 1994 through 1997, except that grants made under section 1070a–18 of this title shall not be given prior experience consideration.
  • 20 U.S.C. § 1070a–11(c)(2)(B)
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    (B) In making grants under this division, the Secretary shall consider the number, percentages, and needs of eligible participants in the area, institution of higher education, or secondary school to be served to aid such participants in preparing for, enrolling in, or succeeding in postsecondary education, as appropriate to the particular program for which the eligible entity is applying.
  • 20 U.S.C. § 1070a–11(c)(3)(A)
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    (A) Except with respect to grants made under sections 1070a–17 and 1070a–18 of this title and as provided in subparagraph (B), the Secretary shall award grants and contracts under this division in the order of the scores received by the application for such grant or contract in the peer review process required under paragraph (4) and adjusted for prior experience in accordance with paragraph (2) of this subsection.
  • 20 U.S.C. § 1070a–11(c)(3)(B)
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    (B) The Secretary shall not provide assistance to a program otherwise eligible for assistance under this division, if the Secretary has determined that such program has involved the fraudulent use of funds under this division.
  • 20 U.S.C. § 1070a–11(c)(4)(A)
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    (A) The Secretary shall ensure that, to the extent practicable, members of groups underrepresented in higher education, including African Americans, Hispanics, Native Americans, Alaska Natives, Asian Americans, and Native American Pacific Islanders (including Native Hawaiians), are represented as readers of applications submitted under this division. The Secretary shall also ensure that persons from urban and rural backgrounds are represented as readers.
  • 20 U.S.C. § 1070a–11(c)(4)(B)
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    (B) The Secretary shall ensure that each application submitted under this division is read by at least three readers who are not employees of the Federal Government (other than as readers of applications).
  • 20 U.S.C. § 1070a–11(c)(5)
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    (5) The Secretary shall not limit the number of applications submitted by an entity under any program authorized under this division if the additional applications describe programs serving different populations or different campuses.
  • 20 U.S.C. § 1070a–11(c)(6)
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    (6) The Secretary shall encourage coordination of programs assisted under this division with other programs for disadvantaged students operated by the sponsoring institution or agency, regardless of the funding source of such programs. The Secretary shall not limit an entity’s eligibility to receive funds under this division because such entity sponsors a program similar to the program to be assisted under this division, regardless of the funding source of such program. The Secretary shall permit the Director of a program receiving funds under this division to administer one or more additional programs for disadvantaged students operated by the sponsoring institution or agency, regardless of the funding sources of such programs. The Secretary shall, as appropriate, require each applicant for funds under the programs authorized by this division to identify and make available services under such program, including mentoring, tutoring, and other services provided by such program, to foster care youth (including youth in foster care and youth who have left foster care after reaching age 13) or to homeless children and youths as defined in section 11434a of title 42.
  • 20 U.S.C. § 1070a–11(c)(7)
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    (7) The Secretary shall inform each entity operating programs under this division regarding the status of their application for continued funding at least 8 months prior to the expiration of the grant or contract. The Secretary, in the case of an entity that is continuing to operate a successful program under this division, shall ensure that the start-up date for a new grant or contract for such program immediately follows the termination of the preceding grant or contract so that no interruption of funding occurs for such successful reapplicants. The Secretary shall inform each entity requesting assistance under this division for a new program regarding the status of their application at least 8 months prior to the proposed startup date of such program.
  • 20 U.S.C. § 1070a–11(c)(8)(A)
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    (A) Not later than 180 days after August 14, 2008, the Secretary shall issue nonregulatory guidance regarding the rights and responsibilities of applicants with respect to the application and evaluation process for programs and projects assisted under this division, including applicant access to peer review comments. The guidance shall describe the procedures for the submission, processing, and scoring of applications for grants under this division, including—
    (i) the responsibility of applicants to submit materials in a timely manner and in accordance with the processes established by the Secretary under the authority of the General Education Provisions Act [20 U.S.C. 1221 et seq.];
    (ii) steps the Secretary will take to ensure that the materials submitted by applicants are processed in a proper and timely manner;
    (iii) steps the Secretary will take to ensure that prior experience points for high quality service delivery are awarded in an accurate and transparent manner;
    (iv) steps the Secretary will take to ensure the quality and integrity of the peer review process, including assurances that peer reviewers will consider applications for grants under this division in a thorough and complete manner consistent with applicable Federal law; and
    (v) steps the Secretary will take to ensure that the final score of an application, including prior experience points for high quality service delivery and points awarded through the peer review process, is determined in an accurate and transparent manner.
  • 20 U.S.C. § 1070a–11(c)(8)(A)(i)
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    (i) the responsibility of applicants to submit materials in a timely manner and in accordance with the processes established by the Secretary under the authority of the General Education Provisions Act [20 U.S.C. 1221 et seq.];
  • 20 U.S.C. § 1070a–11(c)(8)(A)(ii)
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    (ii) steps the Secretary will take to ensure that the materials submitted by applicants are processed in a proper and timely manner;
  • 20 U.S.C. § 1070a–11(c)(8)(A)(iii)
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    (iii) steps the Secretary will take to ensure that prior experience points for high quality service delivery are awarded in an accurate and transparent manner;
  • 20 U.S.C. § 1070a–11(c)(8)(A)(iv)
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    (iv) steps the Secretary will take to ensure the quality and integrity of the peer review process, including assurances that peer reviewers will consider applications for grants under this division in a thorough and complete manner consistent with applicable Federal law; and
  • 20 U.S.C. § 1070a–11(c)(8)(A)(v)
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    (v) steps the Secretary will take to ensure that the final score of an application, including prior experience points for high quality service delivery and points awarded through the peer review process, is determined in an accurate and transparent manner.
  • 20 U.S.C. § 1070a–11(c)(8)(B)
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    (B) Not later than 45 days before the date of the commencement of each competition for a grant under this division that is held after the expiration of the 180-day period described in subparagraph (A), the Secretary shall update and publish the guidance described in such subparagraph.
  • 20 U.S.C. § 1070a–11(c)(8)(C)(i)
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    (i) With respect to any competition for a grant under this division, an applicant may request a review by the Secretary if the applicant—
    (I) has evidence of a specific technical, administrative, or scoring error made by the Department, an agent of the Department, or a peer reviewer, with respect to the scoring or processing of a submitted application; and
    (II) has otherwise met all of the requirements for submission of the application.
  • 20 U.S.C. § 1070a–11(c)(8)(C)(ii)
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    (ii) In the case of evidence of a technical or administrative error listed in clause (i)(I), the Secretary shall review such evidence and provide a timely response to the applicant. If the Secretary determines that a technical or administrative error was made by the Department or an agent of the Department, the application of the applicant shall be reconsidered in the peer review process for the applicable grant competition.
  • 20 U.S.C. § 1070a–11(c)(8)(C)(iii)
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    (iii) In the case of evidence of a scoring error listed in clause (i)(I), when the error relates to either prior experience points for high quality service delivery or to the final score of an application, the Secretary shall—
    (I) review such evidence and provide a timely response to the applicant; and
    (II) if the Secretary determines that a scoring error was made by the Department or a peer reviewer, adjust the prior experience points or final score of the application appropriately and quickly, so as not to interfere with the timely awarding of grants for the applicable grant competition.
  • 20 U.S.C. § 1070a–11(c)(8)(C)(iii)(II)
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    (II) if the Secretary determines that a scoring error was made by the Department or a peer reviewer, adjust the prior experience points or final score of the application appropriately and quickly, so as not to interfere with the timely awarding of grants for the applicable grant competition.
  • 20 U.S.C. § 1070a–11(c)(8)(C)(iv)(I)
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    (I) In the case of a peer review process error listed in clause (i)(I), if the Secretary determines that points were withheld for criteria not required in Federal statute, regulation, or guidance governing a program assisted under this division or the application for a grant for such program, or determines that information pertaining to selection criteria was wrongly determined to be missing from an application by a peer reviewer, then the Secretary shall refer the application to a secondary review panel.
  • 20 U.S.C. § 1070a–11(c)(8)(C)(v)(I)
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    (I) A determination by the Secretary under clause (i), (ii), or (iii) shall not be reviewable by any officer or employee of the Department.
  • 20 U.S.C. § 1070a–11(c)(8)(C)(v)(II)
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    (II) The score awarded by a secondary review panel under clause (iv) shall not be reviewable by any officer or employee of the Department other than the Secretary.
  • 20 U.S.C. § 1070a–11(c)(8)(C)(vi)
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    (vi) To the extent feasible based on the availability of appropriations, the Secretary shall fund applications with scores that are adjusted upward under clauses (ii), (iii), and (iv) to equal or exceed the minimum cut off score for the applicable grant competition.
  • 20 U.S.C. § 1070a–11(d)(1)
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    (1) The Secretary shall conduct outreach activities to ensure that entities eligible for assistance under this division submit applications proposing programs that serve geographic areas and eligible populations which have been underserved by the programs assisted under this division.
  • 20 U.S.C. § 1070a–11(d)(2)
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    (2) In carrying out the provisions of paragraph (1), the Secretary shall notify the entities described in subsection (b) of the availability of assistance under this subsection not less than 120 days prior to the deadline for submission of applications under this division and shall consult national, State, and regional organizations about candidates for notification.
  • 20 U.S.C. § 1070a–11(d)(3)
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    (3) The Secretary shall provide technical training to applicants for projects and programs authorized under this division. The Secretary shall give priority to serving programs and projects that serve geographic areas and eligible populations which have been underserved by the programs assisted under this division. Technical training activities shall include the provision of information on authorizing legislation, goals and objectives of the program, required activities, eligibility requirements, the application process and application deadlines, and assistance in the development of program proposals and the completion of program applications. Such training shall be furnished at conferences, seminars, and workshops to be conducted at not less than 10 sites throughout the United States to ensure that all areas of the United States with large concentrations of eligible participants are served.
  • 20 U.S.C. § 1070a–11(d)(4)
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    (4) The Secretary may contract with eligible entities to conduct the outreach activities described in this subsection.
  • 20 U.S.C. § 1070a–11(e)(1)
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    (1) Except in the case of an independent student, as defined in section 1087vv(d) of this title, documentation of an individual’s status pursuant to subsection (h)(4) shall be made by providing the Secretary with—
    (A) a signed statement from the individual’s parent or legal guardian;
    (B) verification from another governmental source;
    (C) a signed financial aid application; or
    (D) a signed United States or Puerto Rico income tax return.
  • 20 U.S.C. § 1070a–11(e)(2)
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    (2) In the case of an independent student, as defined in section 1087vv(d) of this title, documentation of an individual’s status pursuant to subsection (h)(4) shall be made by providing the Secretary with—
    (A) a signed statement from the individual;
    (B) verification from another governmental source;
    (C) a signed financial aid application; or
    (D) a signed United States or Puerto Rico income tax return.
  • 20 U.S.C. § 1070a–11(f)(1)
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    (1) For competitions for grants under this division that begin on or after January 1, 2009, the Secretary shall determine an eligible entity’s prior experience of high quality service delivery, as required under subsection (c)(2), based on the outcome criteria described in paragraphs (2) and (3).
  • 20 U.S.C. § 1070a–11(f)(3)(B)(i)
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    (i) the delivery of service to a total number of students served by the program, as agreed upon by the entity and the Secretary for the period;
  • 20 U.S.C. § 1070a–11(f)(3)(C)(iii)
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    (iii) the extent to which the entity met or exceeded the entity’s objectives regarding the delivery of service to a total number of students, as agreed upon by the entity and the Secretary for the period; and
  • 20 U.S.C. § 1070a–11(f)(3)(D)(i)
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    (i) the delivery of service to a total number of students served by the program, as agreed upon by the entity and the Secretary for the period;
  • 20 U.S.C. § 1070a–11(f)(3)(E)(iii)
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    (iii) the delivery of service to a total number of students served by the program, as agreed upon by the entity and the Secretary for the period; and
  • 20 U.S.C. § 1070a–11(f)(4)
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    (4) In order to determine the extent to which each outcome criterion described in paragraph (2) or (3) is met or exceeded, the Secretary shall compare the agreed upon target for the criterion, as established in the eligible entity’s application approved by the Secretary, with the results for the criterion, measured as of the last day of the applicable time period for the determination for the outcome criterion.
  • 20 U.S.C. § 1070a–11(g)
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    (g) For the purpose of making grants and contracts under this division, there are authorized to be appropriated $900,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years. Of the amount appropriated under this division, the Secretary may use no more than ½ of 1 percent of such amount to obtain additional qualified readers and additional staff to review applications, to increase the level of oversight monitoring, to support impact studies, program assessments and reviews, and to provide technical assistance to potential applicants and current grantees. In expending these funds, the Secretary shall give priority to the additional administrative requirements provided in the Higher Education Amendments of 1992, to outreach activities, and to obtaining additional readers.
  • 20 U.S.C. § 1070a–11(h)(6)
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    (6) The Secretary may waive the service requirements in subparagraph (A), (B), or (C) of paragraph (5) if the Secretary determines the application of the service requirements to a veteran will defeat the purpose of a program under this division.
  • 20 U.S.C. § 1070a–12(a)
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    (a) The Secretary shall carry out a program to be known as talent search which shall be designed—
    (1) to identify qualified youths with potential for education at the postsecondary level and to encourage such youths to complete secondary school and to undertake a program of postsecondary education;
    (2) to publicize the availability of, and facilitate the application for, student financial assistance available to persons who pursue a program of postsecondary education; and
    (3) to encourage persons who have not completed programs of education at the secondary or postsecondary level to enter or reenter, and complete such programs.
  • 20 U.S.C. § 1070a–12(d)
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    (d) In approving applications for projects under this section for any fiscal year the Secretary shall—
    (1) require an assurance that not less than two-thirds of the individuals participating in the project proposed to be carried out under any application be low-income individuals who are first generation college students;
    (2) require that such participants be persons who either have completed 5 years of elementary education or are at least 11 years of age but not more than 27 years of age, unless the imposition of any such limitation with respect to any person would defeat the purposes of this section or the purposes of section 1070a–16 of this title;
    (3) require an assurance that individuals participating in the project proposed in the application do not have access to services from another project funded under this section or under section 1070a–16 of this title; and
    (4) require an assurance that the project will be located in a setting accessible to the persons proposed to be served by the project.
  • 20 U.S.C. § 1070a–13(a)
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    (a) The Secretary shall carry out a program to be known as upward bound which shall be designed to generate skills and motivation necessary for success in education beyond secondary school.
  • 20 U.S.C. § 1070a–13(e)
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    (e) In approving applications for projects under this section for any fiscal year, the Secretary shall—
    (1) require an assurance that not less than two-thirds of the youths participating in the project proposed to be carried out under any application be low-income individuals who are first generation college students;
    (2) require an assurance that the remaining youths participating in the project proposed to be carried out under any application be low-income individuals, first generation college students, or students who have a high risk for academic failure;
    (3) require that there be a determination by the institution, with respect to each participant in such project that the participant has a need for academic support in order to pursue successfully a program of education beyond secondary school;
    (4) require that such participants be persons who have completed 8 years of elementary education and are at least 13 years of age but not more than 19 years of age, unless the imposition of any such limitation would defeat the purposes of this section; and
    (5) require an assurance that no student will be denied participation in a project assisted under this section because the student will enter the project after the 9th grade.
  • 20 U.S.C. § 1070a–13(g)(1)
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    (1) There are authorized to be appropriated, and there are appropriated to the Secretary, from funds not otherwise appropriated, $57,000,000 for each of the fiscal years 2008 through 2011 to carry out paragraph (2), except that any amounts that remain unexpended for such purpose for each of such fiscal years may be available for technical assistance and administration costs for the Upward Bound program. The authority to award grants under this subsection shall expire at the end of fiscal year 2011.
  • 20 U.S.C. § 1070a–13(h)
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    (h) Upon enactment of this subsection and except as otherwise expressly provided by amendment to this section, the Secretary shall not continue, implement, or enforce the absolute priority for the Upward Bound Program published by the Department of Education in the Federal Register on September 22, 2006 (71 Fed. Reg. 55447 et seq.). This subsection shall not be applied retroactively. In implementing this subsection, the Department shall allow the programs and participants chosen in the grant cycle to which the priority applies to continue their grants and participation without a further recompetition. The entities shall not be required to apply the absolute priority conditions or restrictions to future participants.
  • 20 U.S.C. § 1070a–14(a)
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    (a) The Secretary shall carry out a program to be known as student support services which shall be designed—
    (1) to increase college retention and graduation rates for eligible students;
    (2) to increase the transfer rates of eligible students from 2-year to 4-year institutions;
    (3) to foster an institutional climate supportive of the success of students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in section 11434a of title 42), students who are in foster care or are aging out of the foster care system, or other disconnected students; and
    (4) to improve the financial literacy and economic literacy of students, including—
    (A) basic personal income, household money management, and financial planning skills; and
    (B) basic economic decisionmaking skills.
  • 20 U.S.C. § 1070a–14(d)(2)(B)
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    (B) students who have completed their first 2 years of postsecondary education and who are receiving Federal Pell Grants under subpart 1 if the institution demonstrates to the satisfaction of the Secretary that—
    (i) these students are at high risk of dropping out; and
    (ii) it will first meet the needs of all its eligible first- and second-year students for services under this paragraph.
  • 20 U.S.C. § 1070a–14(e)
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    (e) In approving applications for projects under this section for any fiscal year, the Secretary shall—
    (1) require an assurance that not less than two-thirds of the persons participating in the project proposed to be carried out under any application—
    (A) be individuals with disabilities; or
    (B) be low-income individuals who are first generation college students;
    (2) require an assurance that the remaining students participating in the project proposed to be carried out under any application be low-income individuals, first generation college students, or individuals with disabilities;
    (3) require an assurance that not less than one-third of the individuals with disabilities participating in the project be low-income individuals;
    (4) require that there be a determination by the institution, with respect to each participant in such project, that the participant has a need for academic support in order to pursue successfully a program of education beyond secondary school;
    (5) require that such participants be enrolled or accepted for enrollment at the institution which is the recipient of the grant or contract; and
    (6) consider, in addition to such other criteria as the Secretary may prescribe, the institution’s effort, and where applicable past history, in—
    (A) providing sufficient financial assistance to meet the full financial need of each student in the project; and
    (B) maintaining the loan burden of each such student at a manageable level.
  • 20 U.S.C. § 1070a–14(e)(6)
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    (6) consider, in addition to such other criteria as the Secretary may prescribe, the institution’s effort, and where applicable past history, in—
    (A) providing sufficient financial assistance to meet the full financial need of each student in the project; and
    (B) maintaining the loan burden of each such student at a manageable level.
  • 20 U.S.C. § 1070a–15(a)
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    (a) The Secretary shall carry out a program to be known as the “Ronald E. McNair Postbaccalaureate Achievement Program” that shall be designed to provide disadvantaged college students with effective preparation for doctoral study.
  • 20 U.S.C. § 1070a–15(d)
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    (d) In approving applications for projects assisted under this section for any fiscal year, the Secretary shall require—
    (1) an assurance that not less than two-thirds of the individuals participating in the project proposed to be carried out under any application be low-income individuals who are first generation college students;
    (2) an assurance that the remaining persons participating in the project proposed to be carried out be from a group that is underrepresented in graduate education, including—
    (A) Alaska Natives, as defined in section 7546 of this title;
    (B) Native Hawaiians, as defined in section 7517 of this title; and
    (C) Native American Pacific Islanders, as defined in section 1059g of this title;
    (3) an assurance that participants be enrolled in a degree program at an eligible institution having an agreement with the Secretary in accordance with the provisions of section 1094 of this title; and
    (4) an assurance that participants in summer research internships have completed their sophomore year in postsecondary education.
  • 20 U.S.C. § 1070a–15(d)(3)
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    (3) an assurance that participants be enrolled in a degree program at an eligible institution having an agreement with the Secretary in accordance with the provisions of section 1094 of this title; and
  • 20 U.S.C. § 1070a–15(e)
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    (e) In addition to such other selection criteria as may be prescribed by regulations, the Secretary shall consider in making awards to institutions under this section—
    (1) the quality of research and other scholarly activities in which students will be involved;
    (2) the level of faculty involvement in the project and the description of the research in which students will be involved; and
    (3) the institution’s plan for identifying and recruiting participants including students enrolled in projects authorized under this section.
  • 20 U.S.C. § 1070a–15(g)
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    (g) From amounts appropriated pursuant to the authority of section 1070a–11(g) of this title, the Secretary shall, to the extent practicable, allocate funds for projects authorized by this section in an amount which is not less than $11,000,000 for each of the fiscal years 2009 through 2014.
  • 20 U.S.C. § 1070a–16(a)
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    (a) The Secretary shall carry out a program to be known as educational opportunity centers which shall be designed—
    (1) to provide information with respect to financial and academic assistance available for individuals desiring to pursue a program of postsecondary education;
    (2) to provide assistance to such persons in applying for admission to institutions at which a program of postsecondary education is offered, including preparing necessary applications for use by admissions and financial aid officers; and
    (3) to improve the financial literacy and economic literacy of students, including—
    (A) basic personal income, household money management, and financial planning skills; and
    (B) basic economic decisionmaking skills.
  • 20 U.S.C. § 1070a–16(c)
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    (c) In approving applications for educational opportunity centers under this section for any fiscal year the Secretary shall—
    (1) require an assurance that not less than two-thirds of the persons participating in the project proposed to be carried out under any application be low-income individuals who are first generation college students;
    (2) require that such participants be persons who are at least nineteen years of age, unless the imposition of such limitation with respect to any person would defeat the purposes of this section or the purposes of section 1070a–12 of this title; and
    (3) require an assurance that individuals participating in the project proposed in the application do not have access to services from another project funded under this section or under section 1070a–12 of this title.
  • 20 U.S.C. § 1070a–17(a)
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    (a) For the purpose of improving the operation of the programs and projects authorized by this division, the Secretary is authorized to make grants to institutions of higher education and other public and private nonprofit institutions and organizations to provide training for staff and leadership personnel employed in, participating in, or preparing for employment in, such programs and projects.
  • 20 U.S.C. § 1070a–17(b)
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    (b) Such training shall include conferences, internships, seminars, workshops, and the publication of manuals designed to improve the operation of such programs and projects and shall be carried out in the various regions of the Nation in order to ensure that the training opportunities are appropriate to meet the needs in the local areas being served by such programs and projects. Such training shall be offered annually for new directors of projects funded under this division as well as annually on the following topics and other topics chosen by the Secretary:
    (1) Legislative and regulatory requirements for the operation of programs funded under this division.
    (2) Assisting students in receiving adequate financial aid from programs assisted under this subchapter and other programs.
    (3) The design and operation of model programs for projects funded under this division.
    (4) The use of appropriate educational technology in the operation of projects assisted under this division.
    (5) Strategies for recruiting and serving hard to reach populations, including students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in section 11434a of title 42), students who are in foster care or are aging out of the foster care system, or other disconnected students.
  • 20 U.S.C. § 1070a–18(a)(1)
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    (1) The Secretary shall submit annually, to the authorizing committees, a report that documents the performance of all programs funded under this division. Such report shall—
    (A) be submitted not later than 12 months after the eligible entities receiving funds under this division are required to report their performance to the Secretary;
    (B) focus on the programs’ performance on the relevant outcome criteria determined under section 1070a–11(f)(4) of this title;
    (C) aggregate individual project performance data on the outcome criteria in order to provide national performance data for each program;
    (D) include, when appropriate, descriptive data, multi-year data, and multi-cohort data; and
    (E) include comparable data on the performance nationally of low-income students, first-generation students, and students with disabilities.
  • 20 U.S.C. § 1070a–18(a)(1)(A)
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    (A) be submitted not later than 12 months after the eligible entities receiving funds under this division are required to report their performance to the Secretary;
  • 20 U.S.C. § 1070a–18(a)(2)
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    (2) The Secretary shall provide, with each report submitted under paragraph (1), information on the impact of the secondary review process described in section 1070a–11(c)(8)(C)(iv) of this title, including the number and type of secondary reviews, the disposition of the secondary reviews, the effect on timing of awards, and any other information the Secretary determines is necessary.
  • 20 U.S.C. § 1070a–18(b)(1)(A)
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    (A) For the purpose of improving the effectiveness of the programs and projects assisted under this division, the Secretary shall make grants to, or enter into contracts with, institutions of higher education and other public and private institutions and organizations to rigorously evaluate the effectiveness of the programs and projects assisted under this division, including a rigorous evaluation of the programs and projects assisted under section 1070a–13 of this title. The evaluation of the programs and projects assisted under section 1070a–13 of this title shall be implemented not later than June 30, 2010.
  • 20 U.S.C. § 1070a–18(b)(2)(C)
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    (C) The Secretary shall disseminate to eligible entities and make available to the public the practices identified under subparagraph (B). The practices may be used by eligible entities that receive assistance under this division after the dissemination.
  • 20 U.S.C. § 1070a–18(b)(3)
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    (3) The Secretary shall not require an eligible entity, as a condition for receiving, or that receives, assistance under any program or project under this division to participate in an evaluation under this section that—
    (A) requires the eligible entity to recruit additional students beyond those the program or project would normally recruit; or
    (B) results in the denial of services for an eligible student under the program or project.
  • 20 U.S.C. § 1070a–18(b)(4)
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    (4) When designing an evaluation under this subsection, the Secretary shall continue to consider—
    (A) the burden placed on the program participants or the eligible entity; and
    (B) whether the evaluation meets generally accepted standards of institutional review boards.
  • 20 U.S.C. § 1070a–18(c)
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    (c) The Secretary may award grants to institutions of higher education or other private and public institutions and organizations, that are carrying out a program or project assisted under this division prior to October 7, 1998, to enable the institutions and organizations to expand and leverage the success of such programs or projects by working in partnership with other institutions, community-based organizations, or combinations of such institutions and organizations, that are not receiving assistance under this division and are serving low-income students and first generation college students, in order to—
    (1) disseminate and replicate best practices of programs or projects assisted under this division; and
    (2) provide technical assistance regarding programs and projects assisted under this division.
  • 20 U.S.C. § 1070a–18(d)
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    (d) In order to improve overall program or project effectiveness, the results of evaluations and grants described in this section shall be disseminated by the Secretary to similar programs or projects assisted under this subpart, as well as other individuals concerned with postsecondary access for and retention of low-income individuals and first-generation college students.
  • 20 U.S.C. § 1070a–21(a)
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    (a) The Secretary is authorized, in accordance with the requirements of this division, to establish a program that encourages eligible entities to provide support, and maintain a commitment, to eligible low-income students, including students with disabilities, to assist the students in obtaining a secondary school diploma (or its recognized equivalent) and to prepare for and succeed in postsecondary education, by providing—
    (1) financial assistance, academic support, additional counseling, mentoring, outreach, and supportive services to secondary school students, including students with disabilities, to reduce—
    (A) the risk of such students dropping out of school; or
    (B) the need for remedial education for such students at the postsecondary level; and
    (2) information to students and their families about the advantages of obtaining a postsecondary education and, college financing options for the students and their families.
  • 20 U.S.C. § 1070a–21(b)(1)
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    (1) From funds appropriated under section 1070a–28 of this title for each fiscal year, the Secretary shall make awards to eligible entities described in paragraphs (1) and (2) of subsection (c) to enable the entities to carry out the program authorized under subsection (a).
  • 20 U.S.C. § 1070a–21(b)(2)
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    (2) The Secretary may award a grant under this division to an eligible entity described in paragraphs (1) and (2) of subsection (c) for—
    (A) six years; or
    (B) in the case of an eligible entity that applies for a grant under this division for seven years to enable the eligible entity to provide services to a student through the student’s first year of attendance at an institution of higher education, seven years.
  • 20 U.S.C. § 1070a–21(b)(3)
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    (3) In making awards to eligible entities described in subsection (c)(1), the Secretary shall—
    (A) give priority to eligible entities that—
    (i) on the day before August 14, 2008, carried out successful educational opportunity programs under this division (as this division was in effect on such day); and
    (ii) have a prior, demonstrated commitment to early intervention leading to college access through collaboration and replication of successful strategies; and
    (B) ensure that students served under this division on the day before August 14, 2008, continue to receive assistance through the completion of secondary school.
  • 20 U.S.C. § 1070a–22(a)
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    (a) In awarding grants from the amount appropriated under section 1070a–28 of this title for a fiscal year, the Secretary shall make available—
    (1) to eligible entities described in section 1070a–21(c)(1) of this title, not less than 33 percent of such amount;
    (2) to eligible entities described in section 1070a–21(c)(2) of this title, not less than 33 percent of such amount; and
    (3) to eligible entities described in paragraph (1) or (2) of section 1070a–21(c) of this title, the remainder of such amount taking into consideration the number, quality, and promise of the applications for the grants, and, to the extent practicable—
    (A) the geographic distribution of such grant awards; and
    (B) the distribution of such grant awards between urban and rural applicants.
  • 20 U.S.C. § 1070a–22(d)(1)
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    (1) The Secretary shall require that eligible entities described in section 1070a–21(c)(2) of this title—
    (A) provide services under this division to at least one grade level of students, beginning not later than 7th grade, in a participating school that has a 7th grade and in which at least 50 percent of the students enrolled are eligible for free or reduced-price lunch under the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.] (or, if an eligible entity determines that it would promote the effectiveness of a program, an entire grade level of students, beginning not later than the 7th grade, who reside in public housing as defined in section 1437a(b)(1) of title 42);
    (B) ensure that the services are provided through the 12th grade to students in the participating grade level and provide the option of continued services through the student’s first year of attendance at an institution of higher education to the extent the provision of such services was described in the eligible entity’s application for assistance under this division; and
    (C) provide services under this division to students who have received services under a previous GEAR UP grant award but have not yet completed the 12th grade.
  • 20 U.S.C. § 1070a–22(d)(2)
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    (2) In order for the Secretary to require the cohort approach described in paragraph (1), the Secretary shall, where applicable, ensure that the cohort approach is done in coordination and collaboration with existing early intervention programs and does not duplicate the services already provided to a school or community.
  • 20 U.S.C. § 1070a–23(a)(1)
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    (1) In order for an eligible entity to qualify for a grant under this division, the eligible entity shall submit to the Secretary an application for carrying out the program under this division.
  • 20 U.S.C. § 1070a–23(a)(2)
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    (2) Each application submitted pursuant to paragraph (1) shall be in such form, contain or be accompanied by such information or assurances, and be submitted at such time as the Secretary may reasonably require. Each such application shall, at a minimum—
    (A) describe the activities for which assistance under this division is sought, including how the eligible entity will carry out the required activities described in section 1070a–24(a) of this title;
    (B) describe, in the case of an eligible entity described in section 1070a–21(c)(2) of this title that chooses to provide scholarships, or an eligible entity described in section 1070a–21(c)(1) of this title, how the eligible entity will meet the requirements of section 1070a–25 of this title;
    (C) describe, in the case of an eligible entity described in section 1070a–21(c)(2) of this title that requests a reduced match percentage under subsection (b)(2), how such reduction will assist the entity to provide the scholarships described in subsection (b)(2)(A)(ii);
    (D) provide assurances that adequate administrative and support staff will be responsible for coordinating the activities described in section 1070a–24 of this title;
    (E) provide assurances that activities assisted under this division will not displace an employee or eliminate a position at a school assisted under this division, including a partial displacement such as a reduction in hours, wages, or employment benefits;
    (F) describe, in the case of an eligible entity described in section 1070a–21(c)(1) of this title that chooses to use a cohort approach, or an eligible entity described in section 1070a–21(c)(2) of this title, how the eligible entity will define the cohorts of the students served by the eligible entity pursuant to section 1070a–22(d) of this title, and how the eligible entity will serve the cohorts through grade 12, including—
    (i) how vacancies in the program under this division will be filled; and
    (ii) how the eligible entity will serve students attending different secondary schools;
    (G) describe how the eligible entity will coordinate programs under this division with other existing Federal, State, or local programs to avoid duplication and maximize the number of students served;
    (H) provide such additional assurances as the Secretary determines necessary to ensure compliance with the requirements of this division;
    (I) provide information about the activities that will be carried out by the eligible entity to support systemic changes from which future cohorts of students will benefit; and
    (J) describe the sources of matching funds that will enable the eligible entity to meet the matching requirement described in subsection (b).
  • 20 U.S.C. § 1070a–23(a)(2)(H)
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    (H) provide such additional assurances as the Secretary determines necessary to ensure compliance with the requirements of this division;
  • 20 U.S.C. § 1070a–23(b)(1)
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    (1) The Secretary shall not approve an application submitted under subsection (a) unless such application—
    (A) provides that the eligible entity will provide, from State, local, institutional, or private funds, not less than 50 percent of the cost of the program, which matching funds may be provided in cash or in kind and may be accrued over the full duration of the grant award period, except that the eligible entity shall make substantial progress towards meeting the matching requirement in each year of the grant award period;
    (B) specifies the methods by which matching funds will be paid; and
    (C) includes provisions designed to ensure that funds provided under this division shall supplement and not supplant funds expended for existing programs.
  • 20 U.S.C. § 1070a–23(b)(2)
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    (2) Notwithstanding the matching requirement described in paragraph (1)(A), the Secretary may by regulation modify the percentage requirement described in paragraph (1)(A) for eligible entities described in section 1070a–21(c)(2) of this title. The Secretary may approve an eligible entity’s request for a reduced match percentage—
    (A) at the time of application—
    (i) if the eligible entity demonstrates significant economic hardship that precludes the eligible entity from meeting the matching requirement; or
    (ii) if the eligible entity is described in section 1070a–21(c)(2) of this title and requests that contributions to the eligible entity’s scholarship fund established under section 1070a–25 of this title be matched on a two to one basis; or
    (B) in response to a petition by an eligible entity subsequent to a grant award under this section if the eligible entity demonstrates that the matching funds described in its application are no longer available and the eligible entity has exhausted all revenues for replacing such matching funds.
  • 20 U.S.C. § 1070a–23(c)(4)
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    (4) other resources recognized by the Secretary, including equipment and supplies, cash contributions from non-Federal sources, transportation expenses, in-kind or discounted program services, indirect costs, and facility usage.
  • 20 U.S.C. § 1070a–23(d)
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    (d) The Secretary shall convene peer review panels to assist in making determinations regarding the awarding of grants under this division.
  • 20 U.S.C. § 1070a–25(a)(1)
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    (1) In order to receive a grant under this division, an eligible entity described in section 1070a–21(c)(1) of this title shall establish or maintain a financial assistance program that awards scholarships to students in accordance with the requirements of this section. The Secretary shall encourage the eligible entity to ensure that a scholarship provided pursuant to this section is available to an eligible student for use at any institution of higher education.
  • 20 U.S.C. § 1070a–25(b)(2)
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    (2) Notwithstanding paragraph (1), the Secretary may allow an eligible entity to use more than 50 percent of grant funds received under this division for such activities, if the eligible entity demonstrates that the eligible entity has another means of providing the students with the financial assistance described in this section and describes such means in the application submitted under section 1070a–23 of this title.
  • 20 U.S.C. § 1070a–25(e)(4)(A)(ii)
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    (ii) If, after meeting the requirements of paragraph (1) and, if applicable, redistributing excess funds in accordance with clause (i) of this subparagraph, an eligible entity has funds held in reserve under paragraph (1) that remain available, the eligible entity shall return such remaining reserved funds to the Secretary for distribution to other grantees under this division in accordance with the funding rules described in section 1070a–22(a) of this title.
  • 20 U.S.C. § 1070a–25(e)(4)(B)
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    (B) Notwithstanding subparagraph (A), in the case of an eligible entity that does not receive assistance under this subpart for six fiscal years, the eligible entity shall return any funds held in reserve under paragraph (1) that are not awarded or obligated to eligible students to the Secretary for distribution to other grantees under this division.
  • 20 U.S.C. § 1070a–27(a)
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    (a) Each eligible entity receiving a grant under this division shall biennially evaluate the activities assisted under this division in accordance with the standards described in subsection (b) and shall submit to the Secretary a copy of such evaluation. The evaluation shall permit service providers to track eligible student progress during the period such students are participating in the activities and shall be consistent with the standards developed by the Secretary pursuant to subsection (b).
  • 20 U.S.C. § 1070a–27(b)
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    (b) The Secretary shall prescribe standards for the evaluation described in subsection (a). Such standards shall—
    (1) provide for input from eligible entities and service providers; and
    (2) ensure that data protocols and procedures are consistent and uniform.
  • 20 U.S.C. § 1070a–27(c)
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    (c) In order to evaluate and improve the impact of the activities assisted under this division, the Secretary shall, from not more than 0.75 percent of the funds appropriated under section 1070a–28 of this title for a fiscal year, award one or more grants, contracts, or cooperative agreements to or with public and private institutions and organizations, to enable the institutions and organizations to evaluate the effectiveness of the program and, as appropriate, disseminate the results of the evaluation. Such evaluation shall include a separate analysis of—
    (1) the implementation of the scholarship component described in section 1070a–25 of this title; and
    (2) the use of methods for complying with matching requirements described in paragraphs (1) and (2) of section 1070a–23(c) of this title.
  • 20 U.S.C. § 1070a–27(d)
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    (d) The Secretary shall biennially report to Congress regarding the activities assisted under this division and the evaluations conducted pursuant to this section.
  • 20 U.S.C. § 1070b(b)(1)
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    (1) For the purpose of enabling the Secretary to make payments to institutions of higher education which have made agreements with the Secretary in accordance with section 1070b–2(a) of this title, for use by such institutions for payments to undergraduate students of supplemental grants awarded to them under this subpart, there are authorized to be appropriated such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.
  • 20 U.S.C. § 1070b–2(a)(1)
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    (1) has, in accordance with section 1094 of this title, an agreement with the Secretary applicable to this subpart;
  • 20 U.S.C. § 1070b–2(a)(2)
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    (2) agrees that the Federal share of awards under this subpart will not exceed 75 percent of such awards, except that the Federal share may be exceeded if the Secretary determines, pursuant to regulations establishing objective criteria for such determinations, that a larger Federal share is required to further the purpose of this subpart; and
  • 20 U.S.C. § 1070b–2(b)(2)
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    (2) makes application at a time and in a manner consistent with the requirements of the Secretary and that institution.
  • 20 U.S.C. § 1070b–3(a)(1)
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    (1) From the amount appropriated pursuant to section 1070b(b) of this title for each fiscal year, the Secretary shall first allocate to each eligible institution an amount equal to 100 percent of the amount such institution received under subsections (a) and (b) of this section for fiscal year 1999 (as such subsections were in effect with respect to allocations for such fiscal year).
  • 20 U.S.C. § 1070b–3(a)(2)(A)
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    (A) From the amount so appropriated, the Secretary shall next allocate to each eligible institution that began participation in the program under this subpart after fiscal year 1999 but is not a first or second time participant, an amount equal to the greater of—
    (i) $5,000; or
    (ii) 90 percent of the amount received and used under this subpart for the first year it participated in the program.
  • 20 U.S.C. § 1070b–3(a)(2)(B)
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    (B) From the amount so appropriated, the Secretary shall next allocate to each eligible institution that began participation in the program under this subpart after fiscal year 1999 and is a first or second time participant, an amount equal to the greatest of—
    (i) $5,000;
    (ii) an amount equal to (I) 90 percent of the amount received and used under this subpart in the second preceding fiscal year by eligible institutions offering comparable programs of instruction, divided by (II) the number of students enrolled at such comparable institutions in such fiscal year, multiplied by (III) the number of students enrolled at the applicant institution in such fiscal year; or
    (iii) 90 percent of the institution’s allocation under this part for the preceding fiscal year.
  • 20 U.S.C. § 1070b–3(a)(2)(C)
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    (C) Notwithstanding subparagraphs (A) and (B) of this paragraph, the Secretary shall allocate to each eligible institution which—
    (i) was a first-time participant in the program in fiscal year 2000 or any subsequent fiscal year, and
    (ii) received a larger amount under this subsection in the second year of participation,
    an amount equal to 90 percent of the amount it received under this subsection in its second year of participation.
  • 20 U.S.C. § 1070b–3(a)(3)(B)(i)
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    (i) the Secretary shall allot the amount required to be allocated to all institutions under paragraph (1), and
  • 20 U.S.C. § 1070b–3(a)(4)(A)
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    (A) Notwithstanding any other provision of this section, the Secretary may allocate an amount equal to not more than 10 percent of the amount by which the amount appropriated in any fiscal year to carry out this part exceeds $700,000,000 among eligible institutions described in subparagraph (B).
  • 20 U.S.C. § 1070b–3(b)(1)
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    (1) From the remainder of the amount appropriated pursuant to section 1070b(b) of this title for each year (after making the allocations required by subsection (a)), the Secretary shall allocate to each eligible institution which has an excess eligible amount an amount which bears the same ratio to such remainder as such excess eligible amount bears to the sum of the excess eligible amounts of all such eligible institutions (having such excess eligible amounts).
  • 20 U.S.C. § 1070b–3(c)(2)
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    (2) To determine the need of an institution’s eligible undergraduate students, the Secretary shall—
    (A) establish various income categories for dependent and independent undergraduate students;
    (B) establish a student aid index for each income category of dependent and independent undergraduate students, determined on the basis of the average student aid index (computed in accordance with part F of this subchapter) of a representative sample within each income category for the second preceding fiscal year;
    (C) compute 75 percent of the average cost of attendance for all undergraduate students;
    (D) multiply the number of eligible dependent students in each income category by 75 percent of the average cost of attendance for all undergraduate students determined under subparagraph (C), minus the student aid index determined under subparagraph (B) for that income category, except that the amount computed by such subtraction shall not be less than zero;
    (E) add the amounts determined under subparagraph (D) for each income category of dependent students;
    (F) multiply the number of eligible independent students in each income category by 75 percent of the average cost of attendance for all undergraduate students determined under subparagraph (C), minus the student aid index determined under subparagraph (B) for that income category, except that the amount computed by such subtraction shall not be less than zero;
    (G) add the amounts determined under subparagraph (F) for each income category of independent students; and
    (H) add the amounts determined under subparagraphs (E) and (G).
  • 20 U.S.C. § 1070b–3(c)(3)(B)
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    (B) The average undergraduate tuition and fees described in subparagraph (A)(i) shall be computed on the basis of information reported by the institution to the Secretary, which shall include (i) total revenue received by the institution from undergraduate tuition and fees for the second year preceding the year for which it is applying for an allocation, and (ii) the institution’s enrollment for such second preceding year.
  • 20 U.S.C. § 1070b–3(d)(1)
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    (1) If an institution returns to the Secretary any portion of the sums allocated to such institution under this section for any fiscal year the Secretary shall, in accordance with regulations, reallocate such excess to other institutions.
  • 20 U.S.C. § 1070b–3(d)(2)
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    (2) If under paragraph (1) of this subsection an institution returns more than 10 percent of its allocation, the institution’s allocation for the next fiscal year shall be reduced by the amount returned. The Secretary may waive this paragraph for a specific institution if the Secretary finds that enforcing this paragraph would be contrary to the interest of the program.
  • 20 U.S.C. § 1070b–3(e)
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    (e) The Secretary shall, from time to time, set dates before which institutions must file applications for allocations under this part.
  • 20 U.S.C. § 1070c–1(a)(1)
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    (1) From the sums appropriated pursuant to section 1070c(b)(1) of this title and not reserved under section 1070c(b)(2) of this title for any fiscal year, the Secretary shall allot to each State an amount which bears the same ratio to such sums as the number of students who are deemed eligible in such State for participation in the grant program authorized by this subpart bears to the total number of such students in all the States, except that no State shall receive less than the State received for fiscal year 1979.
  • 20 U.S.C. § 1070c–1(b)
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    (b) The amount of any State’s allotment under subsection (a) for any fiscal year which the Secretary determines will not be required for such fiscal year for the leveraging educational assistance partnership program of that State shall be available for reallotment from time to time, on such dates during such year as the Secretary may fix, to other States in proportion to the original allotments to such States under such part for such year, but with such proportionate amount for any of such States being reduced to the extent it exceeds the sum the Secretary estimates such State needs and will be able to use for such year for carrying out the State plan. The total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount reallotted to a State under this part during a year from funds appropriated pursuant to section 1070c(b)(1) of this title shall be deemed part of its allotment under subsection (a) for such year.
  • 20 U.S.C. § 1070c–1(c)
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    (c) The Secretary shall make payments for continuing incentive grants only to States which continue to meet the requirements of section 1070c–2(b) of this title.
  • 20 U.S.C. § 1070c–2(a)
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    (a) A State which desires to obtain a payment under this subpart for any fiscal year shall submit annually an application therefor through the State agency administering its program under this subpart as of July 1, 1985, unless the Governor of that State so designates, in writing, a different agency to administer the program. The application shall contain such information as may be required by, or pursuant to, regulation for the purpose of enabling the Secretary to make the determinations required under this subpart.
  • 20 U.S.C. § 1070c–2(b)
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    (b) From a State’s allotment under this subpart for any fiscal year the Secretary is authorized to make payments to such State for paying up to 50 percent of the amount of student grants pursuant to a State program which—
    (1) is administered by a single State agency;
    (2) provides that such grants will be in amounts not to exceed the lesser of $12,500 or the student’s cost of attendance per academic year (A) for attendance on a full-time basis at an institution of higher education, and (B) for campus-based community service work learning study jobs;
    (3) provides that—
    (A) not more than 20 percent of the allotment to the State for each fiscal year may be used for the purpose described in paragraph (2)(B);
    (B) grants for the campus-based community work learning study jobs may be made only to students who are otherwise eligible for assistance under this subpart; and
    (C) grants for such jobs be made in accordance with the provisions of section 1087–53(b)(1) of this title;
    (4) provides for the selection of recipients of such grants or of such State work-study jobs on the basis of substantial financial need determined annually on the basis of criteria established by the State and approved by the Secretary, except that for the purpose of collecting data to make such determination of financial need, no student or parent shall be charged a fee that is payable to an entity other than such State;
    (5) provides that, effective with respect to any academic year beginning on or after October 1, 1978, all nonprofit institutions of higher education in the State are eligible to participate in the State program, except in any State in which participation of nonprofit institutions of higher education is in violation of the constitution of the State or in any State in which participation of nonprofit institutions of higher education is in violation of a statute of the State which was enacted prior to October 1, 1978;
    (6) provides for the payment of the non-Federal portion of such grants or of such work-study jobs from funds supplied by such State which represent an additional expenditure for such year by such State for grants or work-study jobs for students attending institutions of higher education over the amount expended by such State for such grants or work-study jobs, if any, during the second fiscal year preceding the fiscal year in which such State initially received funds under this subpart;
    (7) provides that if the State’s allocation under this subpart is based in part on the financial need demonstrated by students who are independent students or attending the institution less than full time, a reasonable proportion of the State’s allocation shall be made available to such students;
    (8) provides for State expenditures under such program of an amount not less than the average annual aggregate expenditures for the preceding three fiscal years or the average annual expenditure per full-time equivalent student for such years;
    (9) provides (A) for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the State agency under this subpart, and (B) for the making of such reports, in such form and containing such information, as may be reasonably necessary to enable the Secretary to perform his functions under this subpart;
    (10) for any academic year beginning after June 30, 1987, provides the non-Federal share of the amount of student grants or work-study jobs under this subpart through State funds for the program under this subpart; and
    (11) provides notification to eligible students that such grants are—
    (A) Leveraging Educational Assistance Partnership Grants; and
    (B) funded by the Federal Government, the State, and, where applicable, other contributing partners.
  • 20 U.S.C. § 1070c–2(b)(4)
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    (4) provides for the selection of recipients of such grants or of such State work-study jobs on the basis of substantial financial need determined annually on the basis of criteria established by the State and approved by the Secretary, except that for the purpose of collecting data to make such determination of financial need, no student or parent shall be charged a fee that is payable to an entity other than such State;
  • 20 U.S.C. § 1070c–2(b)(9)
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    (9) provides (A) for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the State agency under this subpart, and (B) for the making of such reports, in such form and containing such information, as may be reasonably necessary to enable the Secretary to perform his functions under this subpart;
  • 20 U.S.C. § 1070c–2(c)
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    (c) Upon his approval of any application for a payment under this subpart, the Secretary shall reserve from the applicable allotment (including any applicable reallotment) available therefor, the amount of such payment, which (subject to the limits of such allotment or reallotment) shall be equal to the Federal share of the cost of the students’ incentive grants or work-study jobs covered by such application. The Secretary shall pay such reserved amount, in advance or by way of reimbursement, and in such installments as the Secretary may determine. The Secretary may amend the reservation of any amount under this section, either upon approval of an amendment of the application or upon revision of the estimated cost of the student grants or work-study jobs with respect to which such reservation was made. If the Secretary approves an upward revision of such estimated cost, the Secretary may reserve the Federal share of the added cost only from the applicable allotment (or reallotment) available at the time of such approval.
  • 20 U.S.C. § 1070c–3(a)(1)
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    (1) The Secretary shall not finally disapprove any application for a State program submitted under section 1070c–2 of this title, or any modification thereof, without first affording the State agency submitting the program reasonable notice and opportunity for a hearing.
  • 20 U.S.C. § 1070c–3(a)(2)
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    (2) Whenever the Secretary, after reasonable notice and opportunity for hearing to the State agency administering a State program approved under this subpart, finds—
    (A) that the State program has been so changed that it no longer complies with the provisions of this subpart, or
    (B) that in the administration of the program there is a failure to comply substantially with any such provisions,
    the Secretary shall notify such State agency that the State will not be regarded as eligible to participate in the program under this subpart until he is satisfied that there is no longer any such failure to comply.
  • 20 U.S.C. § 1070c–3(b)(1)
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    (1) If any State is dissatisfied with the Secretary’s final action with respect to the approval of its State program submitted under this subpart or with his final action under subsection (a), such State may appeal to the United States court of appeals for the circuit in which such State is located. The summons and notice of appeal may be served at any place in the United States. The Commissioner shall forthwith certify and file in the court the transcript of the proceedings and the record on which he based his action.
  • 20 U.S.C. § 1070c–3(b)(2)
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    (2) The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the transcript and record of further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
  • 20 U.S.C. § 1070c–3(b)(3)
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    (3) The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in title 28, section 1254.
  • 20 U.S.C. § 1070c–3a(b)(1)(A)
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    (A) From sums reserved under section 1070c(b)(2) of this title for each fiscal year, the Secretary shall make an allotment to each State that submits an application for an allotment in accordance with subsection (c) to enable the State to pay the Federal share, as described in paragraph (2), of the cost of carrying out the activities under subsection (d).
  • 20 U.S.C. § 1070c–3a(b)(1)(B)
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    (B) In making allotments under subparagraph (A), the Secretary shall consider the following:
    (i) Except as provided in clause (ii), if a State continues to meet the specifications established in such State’s application under subsection (c), the Secretary shall make an allotment to such State that is not less than the allotment made to such State for the previous fiscal year.
    (ii) If a State that applied for and received an allotment under this section for fiscal year 2010 pursuant to subsection (j) meets the specifications established in the State’s application under subsection (c) for fiscal year 2011, then the Secretary shall make an allotment to such State for fiscal year 2011 that is not less than the allotment made pursuant to subsection (j) to such State for fiscal year 2010 under this section (as this section was in effect on the day before August 14, 2008).
    (iii) The Secretary shall give priority in making allotments to States that meet the requirements described in paragraph (2)(B)(ii).
  • 20 U.S.C. § 1070c–3a(b)(1)(B)(i)
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    (i) Except as provided in clause (ii), if a State continues to meet the specifications established in such State’s application under subsection (c), the Secretary shall make an allotment to such State that is not less than the allotment made to such State for the previous fiscal year.
  • 20 U.S.C. § 1070c–3a(b)(1)(B)(ii)
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    (ii) If a State that applied for and received an allotment under this section for fiscal year 2010 pursuant to subsection (j) meets the specifications established in the State’s application under subsection (c) for fiscal year 2011, then the Secretary shall make an allotment to such State for fiscal year 2011 that is not less than the allotment made pursuant to subsection (j) to such State for fiscal year 2010 under this section (as this section was in effect on the day before August 14, 2008).
  • 20 U.S.C. § 1070c–3a(b)(1)(B)(iii)
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    (iii) The Secretary shall give priority in making allotments to States that meet the requirements described in paragraph (2)(B)(ii).
  • 20 U.S.C. § 1070c–3a(c)(1)(A)
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    (A) A State that desires to receive an allotment under this section on behalf of a partnership described in paragraph (3) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
  • 20 U.S.C. § 1070c–3a(c)(4)(A)(i)(V)
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    (V) annually report to the Secretary on the partnership’s progress in meeting the purpose of this section; and
  • 20 U.S.C. § 1070c–3a(f)
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    (f) The Secretary may grant, upon the request of an institution of higher education that is in a partnership described in subsection (b)(2)(B)(ii) and that receives an allotment under this section, a waiver for such institution from statutory or regulatory requirements that inhibit the ability of the institution to successfully and efficiently participate in the activities of the partnership.
  • 20 U.S.C. § 1070c–3a(h)
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    (h) Each State receiving an allotment under this section for a fiscal year shall provide the Secretary with an assurance that the aggregate amount expended per student or the aggregate expenditures by the State, from funds derived from non-Federal sources, for the authorized activities described in subsection (d) for the preceding fiscal year were not less than the amount expended per student or the aggregate expenditure by the State for the activities for the second preceding fiscal year.
  • 20 U.S.C. § 1070c–3a(j)
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    (j) For the two-year period that begins on August 14, 2008, the Secretary shall continue to award grants under section 1070c–3a of this title as such section existed on the day before August 14, 2008, to States that choose to apply for grants under such predecessor section.
  • 20 U.S.C. § 1070c–3a(k)
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    (k) Not later than three years after August 14, 2008, and annually thereafter, the Secretary shall submit a report describing the activities and the impact of the partnerships under this section to the authorizing committees.
  • 20 U.S.C. § 1070d–2(a)
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    (a) The Secretary shall maintain and expand existing secondary and postsecondary high school equivalency program and college assistance migrant program projects located at institutions of higher education or at private nonprofit organizations working in cooperation with institutions of higher education.
  • 20 U.S.C. § 1070d–2(e)
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    (e) Except under extraordinary circumstances, the Secretary shall award grants for a 5-year period. For the purpose of making grants under this subpart, the Secretary shall consider the prior experience of service delivery under the particular project for which funds are sought by each applicant. Such prior experience shall be awarded the same level of consideration given this factor for applicants for programs in accordance with section 1070a–11(c)(2) of this title.
  • 20 U.S.C. § 1070d–2(f)
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    (f) The Secretary shall not allocate an amount less than—
    (1) $180,000 for each project under the high school equivalency program, and
    (2) $180,000 for each project under the college assistance migrant program.
  • 20 U.S.C. § 1070d–2(g)
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    (g) From the amounts made available under subsection (i), the Secretary—
    (1) may reserve not more than a total of ½ of one percent for outreach activities, technical assistance, and professional development programs relating to the programs under subsection (a);
    (2) for any fiscal year for which the amount appropriated to carry out this section is equal to or greater than $40,000,000, shall, in awarding grants from the remainder of such amounts—
    (A) make available not less than 45 percent of such remainder for the high school equivalency programs and not less than 45 percent of such remainder for the college assistance migrant programs;
    (B) award the rest of such remainder for high school equivalency programs or college assistance migrant programs based on the number, quality, and promise of the applications; and
    (C) consider the need to provide an equitable geographic distribution of such grants; and
    (3) for any fiscal year for which the amount appropriated to carry out this section is less than $40,000,000, shall, in awarding grants from the remainder of such amounts make available the same percentage of funds to the high school equivalency program and to the college assistance migrant program as was made available for each such program for the fiscal year preceding the fiscal year for which the grant was made.
  • 20 U.S.C. § 1070d–2(h)
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    (h) The Secretary shall—
    (1) annually collect data on persons receiving services authorized under this subpart regarding such persons’ rates of secondary school graduation, entrance into postsecondary education, and completion of postsecondary education, as applicable;
    (2) not less often than once every two years, prepare and submit to the authorizing committees a report based on the most recently available data under paragraph (1); and
    (3) make such report available to the public.
  • 20 U.S.C. § 1070d–33(a)
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    (a) The Secretary is authorized, in accordance with the provisions of this subpart, to make grants to States to enable the States to award scholarships to individuals who have demonstrated outstanding academic achievement and who show promise of continued academic achievement.
  • 20 U.S.C. § 1070d–33(b)(1)
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    (1) if the amount appropriated for this subpart for any fiscal year exceeds the amount appropriated for this subpart for fiscal year 1993, the Secretary shall identify to each State educational agency the number of scholarships available to that State under section 1070d–34(b) of this title that are attributable to such excess; and
  • 20 U.S.C. § 1070d–34(a)
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    (a) From the sums appropriated pursuant to the authority of section 1070d–41 of this title for any fiscal year, the Secretary shall allocate to each State that has an agreement under section 1070d–35 of this title an amount equal to $1,500 multiplied by the number of scholarships determined by the Secretary to be available to such State in accordance with subsection (b).
  • 20 U.S.C. § 1070d–34(c)
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    (c) For the purpose of this section, the population ages 5 through 17 in a State and in all the States shall be determined by the most recently available data, satisfactory to the Secretary, from the Bureau of the Census.
  • 20 U.S.C. § 1070d–35
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    The Secretary shall enter into an agreement with each State desiring to participate in the scholarship program authorized by this subpart. Each such agreement shall include provisions designed to assure that—
  • 20 U.S.C. § 1070e(b)(1)
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    (1) The Secretary may award grants to institutions of higher education to assist the institutions in providing campus-based child care services to low-income students.
  • 20 U.S.C. § 1070e(b)(3)(A)
    Go to provision →
    (A) The Secretary shall award a grant under this section for a period of 4 years.
  • 20 U.S.C. § 1070e(b)(3)(B)
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    (B) Subject to subsection (e)(2), the Secretary shall make annual grant payments under this section.
  • 20 U.S.C. § 1070e(b)(8)
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    (8) The Secretary shall publicize the availability of grants under this section in appropriate periodicals, in addition to publication in the Federal Register, and shall inform appropriate educational organizations of such availability.
  • 20 U.S.C. § 1070e(c)
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    (c) An institution of higher education desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall—
    (1) demonstrate that the institution is an eligible institution described in subsection (b)(4);
    (2) specify the amount of funds requested;
    (3) demonstrate the need of low-income students at the institution for campus-based child care services by including in the application—
    (A) information regarding student demographics;
    (B) an assessment of child care capacity on or near campus;
    (C) information regarding the existence of waiting lists for existing child care;
    (D) information regarding additional needs created by concentrations of poverty or by geographic isolation; and
    (E) other relevant data;
    (4) contain a description of the activities to be assisted, including whether the grant funds will support an existing child care program or a new child care program;
    (5) identify the resources, including technical expertise and financial support, the institution will draw upon to support the child care program and the participation of low-income students in the program, such as accessing social services funding, using student activity fees to help pay the costs of child care, using resources obtained by meeting the needs of parents who are not low-income students, and accessing foundation, corporate or other institutional support, and demonstrate that the use of the resources will not result in increases in student tuition;
    (6) contain an assurance that the institution will meet the child care needs of low-income students through the provision of services, or through a contract for the provision of services;
    (7) describe the extent to which the child care program will coordinate with the institution’s early childhood education curriculum, to the extent the curriculum is available, to meet the needs of the students in the early childhood education program at the institution, and the needs of the parents and children participating in the child care program assisted under this section;
    (8) in the case of an institution seeking assistance for a new child care program—
    (A) provide a timeline, covering the period from receipt of the grant through the provision of the child care services, delineating the specific steps the institution will take to achieve the goal of providing low-income students with child care services;
    (B) specify any measures the institution will take to assist low-income students with child care during the period before the institution provides child care services; and
    (C) include a plan for identifying resources needed for the child care services, including space in which to provide child care services, and technical assistance if necessary;
    (9) contain an assurance that any child care facility assisted under this section will meet the applicable State or local government licensing, certification, approval, or registration requirements; and
    (10) contain a plan for any child care facility assisted under this section to become accredited within 3 years of the date the institution first receives assistance under this section.
  • 20 U.S.C. § 1070e(d)
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    (d) The Secretary shall give priority in awarding grants under this section to institutions of higher education that submit applications describing programs that—
    (1) leverage significant local or institutional resources, including in-kind contributions, to support the activities assisted under this section; and
    (2) utilize a sliding fee scale for child care services provided under this section in order to support a high number of low-income parents pursuing postsecondary education at the institution.
  • 20 U.S.C. § 1070e(e)(1)(A)
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    (A) Each institution of higher education receiving a grant under this section shall report to the Secretary annually.
  • 20 U.S.C. § 1070e(e)(2)
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    (2) The Secretary shall make continuation awards under this section to an institution of higher education only if the Secretary determines, on the basis of the reports submitted under paragraph (1), that the institution is making a good faith effort to ensure that low-income students at the institution have access to affordable, quality child care services.
  • 20 U.S.C. § 1070g(1)
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    (1) The term “eligible institution” means an institution of higher education, as defined in section 1002 of this title, that the Secretary determines—
    (A) provides high quality teacher preparation and professional development services, including extensive clinical experience as a part of pre-service preparation;
    (B) is financially responsible;
    (C) provides pedagogical course work, or assistance in the provision of such coursework, including the monitoring of student performance, and formal instruction related to the theory and practices of teaching; and
    (D) provides supervision and support services to teachers, or assistance in the provision of such services, including mentoring focused on developing effective teaching skills and strategies.
  • 20 U.S.C. § 1070g–1(a)(1)
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    (1) The Secretary shall pay to each eligible institution such sums as may be necessary to pay to each teacher candidate who files an application and agreement in accordance with section 1070g–2 of this title, and who qualifies under paragraph (2) of section 1070g–2(a) of this title, a TEACH Grant in the amount of $4,000 for each year during which that teacher candidate is in attendance at the institution.
  • 20 U.S.C. § 1070g–1(b)(1)
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    (1) Not less than 85 percent of any funds provided to an eligible institution under subsection (a) shall be advanced to the eligible institution prior to the start of each payment period and shall be based upon an amount requested by the institution as needed to pay teacher candidates until such time as the Secretary determines and publishes in the Federal Register with an opportunity for comment, an alternative payment system that provides payments to institutions in an accurate and timely manner, except that this sentence shall not be construed to limit the authority of the Secretary to place an institution on a reimbursement system of payment.
  • 20 U.S.C. § 1070g–1(b)(2)
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    (2) Nothing in this section shall be interpreted to prohibit the Secretary from paying directly to teacher candidates, in advance of the beginning of the academic term, an amount for which teacher candidates are eligible, in cases where the eligible institution elects not to participate in the disbursement system required by paragraph (1).
  • 20 U.S.C. § 1070g–1(b)(3)
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    (3) Payments under this subpart shall be made, in accordance with regulations promulgated by the Secretary for such purpose, in such manner as will best accomplish the purposes of this subpart. Any disbursement allowed to be made by crediting the teacher candidate’s account shall be limited to tuition and fees and, in the case of institutionally-owned housing, room and board. The teacher candidate may elect to have the institution provide other such goods and services by crediting the teacher candidate’s account.
  • 20 U.S.C. § 1070g–1(c)(1)
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    (1) In any case where a teacher candidate attends an eligible institution on less than a full-time basis (including a teacher candidate who attends an eligible institution on less than a half-time basis) during any year, the amount of a grant under this subpart for which that teacher candidate is eligible shall be reduced in proportion to the degree to which that teacher candidate is not attending on a full-time basis, in accordance with a schedule of reductions established by the Secretary for the purposes of this subpart, computed in accordance with this subpart. Such schedule of reductions shall be established by regulation and published in the Federal Register in accordance with section 1089 of this title.
  • 20 U.S.C. § 1070g–2(a)(1)
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    (1) The Secretary shall periodically set dates by which teacher candidates shall file applications for grants under this subpart. Each teacher candidate desiring a grant under this subpart for any year shall file an application containing such information and assurances as the Secretary may determine necessary to enable the Secretary to carry out the functions and responsibilities of this subpart.
  • 20 U.S.C. § 1070g–2(a)(2)(A)(ii)(I)
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    (I) has a grade point average that is determined, under standards prescribed by the Secretary, to be comparable to a 3.25 average on a zero to 4.0 scale, except that, if the student is in the first year of a program of undergraduate education, such grade point average shall be determined on the basis of the student’s cumulative secondary school grade point average; or
  • 20 U.S.C. § 1070g–2(b)(1)(C)(vii)
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    (vii) another field or geographic area documented as high-need by the Federal Government, State government, or local educational agency, and approved by the Secretary;
  • 20 U.S.C. § 1070g–2(b)(3)
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    (3) contains, or is accompanied by, a plain-language disclosure form developed by the Secretary that clearly describes the nature of the TEACH Grant award, the service obligation, and the loan repayment requirements that are the consequence of the failure to complete the service obligation.
  • 20 U.S.C. § 1070g–2(c)(1)
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    (1) In the event that any recipient of a grant under this subpart fails or refuses to comply with the service obligation in the agreement under subsection (b), the sum of the amounts of any TEACH Grants received by such recipient shall, upon a determination of such a failure or refusal in such service obligation, be treated as a Federal Direct Unsubsidized Stafford Loan under part D, and shall be subject to repayment, together with interest thereon accruing from the date of the grant award, in accordance with terms and conditions specified by the Secretary in regulations under this subpart.
  • 20 U.S.C. § 1070g–2(c)(2)(A)
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    (A) In any case where the Secretary has determined that a recipient of a grant under this subpart has failed or refused to comply with the service obligation in the agreement under subsection (b) and has converted the grant into a Federal Direct Unsubsidized Stafford Loan under part D in accordance with paragraph (1), (including a TEACH Grant converted to a loan prior to October 13, 2021, and including cases where such loans have been fully or partially paid), the recipient may request that the Secretary reconsider such initial determination and may submit additional information to demonstrate satisfaction of the service obligation. Upon receipt of such a request, the Secretary shall reconsider the determination in accordance with this paragraph not later than 90 days after the date that such request was received.
  • 20 U.S.C. § 1070g–2(c)(2)(B)
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    (B) If, in reconsidering an initial determination under subparagraph (A) (including reconsideration related to a TEACH Grant that was converted to a loan prior to October 13, 2021, and including cases where such loans were fully or partially paid), the Secretary determines that the reason for such determination was the recipient’s failure to timely submit a certification required under subsection (b)(1)(D) (as in effect on the day before October 13, 2021), an error or processing delay by the Secretary, a change to the fields considered eligible for fulfillment of the service obligation (as described in subsection (b)(1)(C)), a recipient having previously requested to have the TEACH Grant converted to a loan, or another valid reason determined by the Secretary, and that the recipient has, as of the date of the reconsideration, demonstrated that the recipient did meet, or is meeting the service obligation in the agreement under subsection (b), the Secretary shall—
    (i) discharge the Federal Direct Unsubsidized Stafford Loan under part D, and reinstate the recipient’s grant under this subpart;
    (ii) discharge any interest or fees that may have accumulated during the period that the grant was converted to a Federal Direct Unsubsidized Stafford Loan under part D;
    (iii) if the recipient has other loans under part D, apply any payments made for the Federal Direct Unsubsidized Stafford Loan under part D during such period to those other loans under part D;
    (iv) if the recipient does not have other loans under part D, reimburse the recipient for any amounts paid on the Federal Direct Unsubsidized Stafford Loan under part D during such period;
    (v) request that consumer reporting agencies remove any negative credit reporting due to the conversion of the TEACH Grant to a loan; and
    (vi) use the additional information provided under subparagraph (A) to determine the progress the recipient has made in meeting the service obligation.
  • 20 U.S.C. § 1070g–2(c)(2)(C)
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    (C) In the case of a recipient whose TEACH Grant was reinstated in accordance with subparagraph (B), the Secretary shall, upon such reinstatement—
    (i) extend the time remaining for the recipient to fulfill the service obligation described in subsection (b)(1) to a period of time equal to—
    (I) 8 years; minus
    (II) the number of full academic years of teaching that the recipient completed prior to the reconversion of the loan to a TEACH Grant under subparagraph (B), including any years of qualifying teaching completed during the period when the TEACH Grant was in loan status; and
    (ii) treat any full academic years of teaching described in clause (i)(II) as years that count toward the individual’s service obligation (regardless of whether the TEACH Grant funds were in grant or loan status) if that time otherwise meets the requirements of this section.
  • 20 U.S.C. § 1070g–2(d)(2)
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    (2) The Secretary shall establish, by regulation, categories of extenuating circumstances under which a recipient of a grant under this subpart who is unable to fulfill all or part of the recipient’s service obligation may be excused from fulfilling that portion of the service obligation.
  • 20 U.S.C. § 1070g–2(d)(3)
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    (3) The Secretary shall notify TEACH grant recipients not less than once per calendar year regarding how to submit the employment certification under subsection (b)(1)(D) and the recommendations and requirements for submitting that certification under subsection (d)(5).
  • 20 U.S.C. § 1070g–2(d)(4)
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    (4) The Secretary shall maintain and annually update a list of qualifying schools as described in subsection (b)(1)(B), and a list of high-need fields as described in subsection (b)(1)(C) and shall make such lists publicly available on the Department’s website in a sortable and searchable format.
  • 20 U.S.C. § 1070g–2(d)(5)(A)
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    (A) The Secretary shall notify TEACH Grant recipients that the Department recommends that TEACH Grant recipients submit the employment certification described in subsection (b)(1)(D) as soon as practicable after the completion of each year of service.
  • 20 U.S.C. § 1070g–2(d)(5)(C)
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    (C) The Secretary shall notify TEACH Grant recipients of the required submission deadlines described in this paragraph.
  • 20 U.S.C. § 1070g–2(d)(5)(D)
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    (D) The Secretary shall adjust the submission deadline described in subparagraph (B) to account for a service obligation window extension.
  • 20 U.S.C. § 1070g–2(d)(5)(E)
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    (E) The Secretary shall provide an alternative to the certification of employment described in subsection (b)(1)(D) for recipients who cannot obtain such required certification of employment from the chief administrative officer of the school because the recipient can demonstrate the school is no longer in existence or the school refuses to cooperate.
  • 20 U.S.C. § 1070g–3
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    Beginning on July 1, 2008, there shall be available to the Secretary to carry out this subpart, from funds not otherwise appropriated, such sums as may be necessary to provide TEACH Grants in accordance with this subpart to each eligible applicant.
  • 20 U.S.C. § 1070g–4
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    Not later than two years after August 14, 2008, and every two years thereafter, the Secretary shall prepare and submit to the authorizing committees a report on TEACH grants with respect to the schools and students served by recipients of such grants. Such report shall take into consideration information related to—
  • 20 U.S.C. § 1071(a)(1)
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    (1) The purpose of this part is to enable the Secretary—
    (A) to encourage States and nonprofit private institutions and organizations to establish adequate loan insurance programs for students in eligible institutions (as defined in section 1085 of this title),
    (B) to provide a Federal program of student loan insurance for students or lenders who do not have reasonable access to a State or private nonprofit program of student loan insurance covered by an agreement under section 1078(b) of this title,
    (C) to pay a portion of the interest on loans to qualified students which are insured under this part, and
    (D) to guarantee a portion of each loan insured under a program of a State or of a nonprofit private institution or organization which meets the requirements of section 1078(a)(1)(B) of this title.
  • 20 U.S.C. § 1072(a)(1)
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    (1) From sums appropriated pursuant to paragraphs (3) and (4)(A) of section 1071(b) of this title, the Secretary is authorized to make advances to any State with which the Secretary has made an agreement pursuant to section 1078(b) of this title for the purpose of helping to establish or strengthen the reserve fund of the student loan insurance program covered by that agreement. If for any fiscal year a State does not have a student loan insurance program covered by an agreement made pursuant to section 1078(b) of this title, and the Secretary determines after consultation with the chief executive officer of that State that there is no reasonable likelihood that the State will have such a student loan insurance program for such year, the Secretary may make advances for such year for the same purpose to one or more nonprofit private institutions or organizations with which the Secretary has made an agreement pursuant to section 1078(b) of this title in order to enable students in the State to participate in a program of student loan insurance covered by such an agreement. The Secretary may make advances under this subsection both to a State program (with which he has such an agreement) and to one or more nonprofit private institutions or organizations (with which he has such an agreement) in that State if he determines that such advances are necessary in order that students in each eligible institution have access through such institution to a student loan insurance program which meets the requirements of section 1078(b)(1) of this title.
  • 20 U.S.C. § 1072(a)(2)
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    (2) No advance shall be made after June 30, 1968, unless matched by an equal amount from non-Federal sources. Such equal amount may include the unencumbered non-Federal portion of a reserve fund. As used in the preceding sentence, the term “unencumbered non-Federal portion” means the amount (determined as of the time immediately preceding the making of the advance) of the reserve fund less the greater of—
    (A) the sum of—
    (i) advances made under this section prior to July 1, 1968;
    (ii) an amount equal to twice the amount of advances made under this section after June 30, 1968, and before the advance for purposes of which the determination is made; and
    (iii) the proceeds of earnings on advances made under this section; or
    (B) any amount which is required to be maintained in such fund pursuant to State law or regulation, or by agreement with lenders, as a reserve against the insurance of outstanding loans.
    Except as provided in section 1078(c)(9)(E) or (F) of this title, such unencumbered non-Federal portion shall not be subject to recall, repayment, or recovery by the Secretary.
  • 20 U.S.C. § 1072(a)(3)
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    (3) Advances pursuant to this subsection shall be upon such terms and conditions (including conditions relating to the time or times of payment) consistent with the requirements of section 1078(b) of this title as the Secretary determines will best carry out the purpose of this section. Advances made by the Secretary under this subsection shall be repaid within such period as the Secretary may deem to be appropriate in each case in the light of the maturity and solvency of the reserve fund for which the advance was made.
  • 20 U.S.C. § 1072(b)(1)
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    (1) The total of the advances from the sums appropriated pursuant to paragraph (4)(A) of section 1071(b) of this title to nonprofit private institutions and organizations for the benefit of students in any State and to such State may not exceed an amount which bears the same ratio to such sums as the population of such State aged 18 to 22, inclusive, bears to the population of all the States aged 18 to 22 inclusive, but such advances may otherwise be in such amounts as the Secretary determines will best achieve the purposes for which they are made. The amount available for advances to any State shall not be less than $25,000 and any additional funds needed to meet this requirement shall be derived by proportionately reducing (but not below $25,000) the amount available for advances to each of the remaining States.
  • 20 U.S.C. § 1072(b)(2)
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    (2) For the purpose of this subsection, the population aged 18 to 22, inclusive, of each State and of all the States shall be determined by the Secretary on the basis of the most recent satisfactory data available to him.
  • 20 U.S.C. § 1072(c)(1)
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    (1) From sums appropriated pursuant to section 1071(b)(4)(B) of this title, the Secretary shall advance to each State which has an agreement with the Secretary under section 1078(c) of this title with respect to a student loan insurance program, an amount determined in accordance with paragraph (2) of this subsection to be used for the purpose of making payments under the State’s insurance obligations under such program.
  • 20 U.S.C. § 1072(c)(4)
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    (4) Advances made by the Secretary under this subsection shall, subject to subsection (d), be repaid within such period as the Secretary may deem to be appropriate and shall be deposited in the fund established by section 1081 of this title.
  • 20 U.S.C. § 1072(c)(6)(A)
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    (A) If for any fiscal year a State does not have a student loan insurance program covered by an agreement made pursuant to section 1078(b) of this title, and the Secretary determines after consultation with the chief executive officer of that State that there is no reasonable likelihood that the State will have such a student loan insurance program for such year, the Secretary may make advances pursuant to this subsection for such year for the same purpose to one or more nonprofit private institutions or organizations with which he has made an agreement pursuant to subsection (c), as well as subsection (b), of section 1078 of this title and subparagraph (B) of this paragraph in order to enable students in that State to participate in a program of student loan insurance covered by such agreements.
  • 20 U.S.C. § 1072(c)(6)(B)
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    (B) The Secretary may enter into an agreement with a private nonprofit institution or organization for the purpose of this paragraph under which such institution or organization—
    (i) agrees to establish within such State at least one office with sufficient staff to handle written, electronic, and telephone inquiries from students, eligible lenders, and other persons in the State, to encourage maximum commercial lender participation within the State, and to conduct periodic visits to at least the major eligible lenders within the State;
    (ii) agrees that its insurance will not be denied any student because of his or her choice of eligible institutions; and
    (iii) certifies that it is neither an eligible institution, nor has any substantial affiliation with an eligible institution.
  • 20 U.S.C. § 1072(c)(7)
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    (7) The Secretary is authorized to make advances, on terms and conditions satisfactory to the Secretary, to a guaranty agency—
    (A) in accordance with section 1078(j) of this title, in order to ensure that the guaranty agency shall make loans as the lender-of-last-resort; or
    (B) if the Secretary is seeking to terminate the guaranty agency’s agreement, or assuming the guaranty agency’s functions, in accordance with section 1078(c)(9)(F)(v) of this title, in order to assist the agency in meeting its immediate cash needs, ensure the uninterrupted payment of claims, or ensure that the guaranty agency shall make loans as described in subparagraph (A).
  • 20 U.S.C. § 1072(c)(7)(B)
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    (B) if the Secretary is seeking to terminate the guaranty agency’s agreement, or assuming the guaranty agency’s functions, in accordance with section 1078(c)(9)(F)(v) of this title, in order to assist the agency in meeting its immediate cash needs, ensure the uninterrupted payment of claims, or ensure that the guaranty agency shall make loans as described in subparagraph (A).
  • 20 U.S.C. § 1072(d)(1)
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    (1) Notwithstanding any other provision of this section, advances made by the Secretary under this section shall be repaid in accordance with this subsection and shall be deposited in the fund established by section 1081 of this title. The Secretary shall, in accordance with the requirements of paragraph (2), recover (and so deposit) an amount equal to $75,000,000 during fiscal year 1988 and an amount equal to $35,000,000 for fiscal year 1989.
  • 20 U.S.C. § 1072(d)(2)
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    (2) In determining the amount of advances which shall be repaid by a guaranty agency under paragraph (1), the Secretary—
    (A) shall consider the solvency and maturity of the reserve and insurance funds of the guaranty agency assisted by such advances, as determined by the Comptroller General taking into account the requirements of State law as in effect on October 17, 1986;
    (B) shall not seek repayment of such advances from any State described in subsection (c)(5)(B) during any year of its eligibility under such subsection; and
    (C) shall not seek repayment of such advances from any State if such repayment encumbers the reserve fund requirement of State law as in effect on October 17, 1986.
  • 20 U.S.C. § 1072(e)(1)
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    (1) The Secretary shall pay any guaranty agency the amount of reimbursement of claims under section 1078(c)(1) of this title, filed between September 1, 1988, and December 31, 1989, which were previously withheld or canceled in order to be applied to satisfy such agency’s obligation to eliminate excess cash reserves held by such agency, based on the maximum cash reserve (as described in subsection (e) of this section as in effect on September 1, 1988) permitted at the end of 1986, if such maximum cash reserve was miscalculated because of erroneous financial information provided by such agency to the Secretary and if (A) such erroneous information is verified by an audited financial statement of the reserve fund, signed by a certified public accountant, and (B) such audited financial statement is provided to the Secretary prior to January 1, 1993.
  • 20 U.S.C. § 1072(f)
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    (f) The Secretary shall, within 30 days after July 23, 1992, pay the full amount of payments withheld or canceled under paragraph (3) of this subsection to any guaranty agency which—
    (1) was required to eliminate excess cash reserves, based on the maximum cash reserve (as described in subsection (e) of this section as in effect on September 1, 1988) permitted at the end of 1986;
    (2) appealed the Secretary’s demand that such agency should eliminate such excess cash reserves and received a waiver of a portion of the amount of such excess cash reserves to be eliminated;
    (3) had payments under section 1078(c)(1) of this title or section 1078(f) of this title previously withheld or canceled in order to be applied to satisfy such agency’s obligation to eliminate excess cash reserves held by such agency, based on the maximum cash reserve (as described in subsection (e) of this section as in effect on September 1, 1988) permitted at the end of 1986; and
    (4) according to a Department of Education review that was completed and forwarded to such guaranty agency prior to January 1, 1992, is expected to become insolvent during or before 1996 and the payments withheld or canceled under paragraph (3) of this subsection are a factor in such agency’s impending insolvency.
  • 20 U.S.C. § 1072(f)(2)
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    (2) appealed the Secretary’s demand that such agency should eliminate such excess cash reserves and received a waiver of a portion of the amount of such excess cash reserves to be eliminated;
  • 20 U.S.C. § 1072(g)(1)
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    (1) Notwithstanding any other provision of law, the reserve funds of the guaranty agencies, and any assets purchased with such reserve funds, regardless of who holds or controls the reserves or assets, shall be considered to be the property of the United States to be used in the operation of the program authorized by this part. However, the Secretary may not require the return of all reserve funds of a guaranty agency to the Secretary unless the Secretary determines that such return is in the best interest of the operation of the program authorized by this part, or to ensure the proper maintenance of such agency’s funds or assets or the orderly termination of the guaranty agency’s operations and the liquidation of its assets. The reserves shall be maintained by each guaranty agency to pay program expenses and contingent liabilities, as authorized by the Secretary, except that—
    (A) the Secretary may direct a guaranty agency to return to the Secretary a portion of its reserve fund which the Secretary determines is unnecessary to pay the program expenses and contingent liabilities of the guaranty agency;
    (B) the Secretary may direct the guaranty agency to require the return, to the guaranty agency or to the Secretary, of any reserve funds or assets held by, or under the control of, any other entity, which the Secretary determines are necessary to pay the program expenses and contingent liabilities of the guaranty agency, or which are required for the orderly termination of the guaranty agency’s operations and the liquidation of its assets;
    (C) the Secretary may direct a guaranty agency, or such agency’s officers or directors, to cease any activities involving expenditure, use or transfer of the guaranty agency’s reserve funds or assets which the Secretary determines is a misapplication, misuse, or improper expenditure of such funds or assets; and
    (D) any such determination under subparagraph (A) or (B) shall be based on standards prescribed by regulations that are developed through negotiated rulemaking and that include procedures for administrative due process.
  • 20 U.S.C. § 1072(g)(1)(A)
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    (A) the Secretary may direct a guaranty agency to return to the Secretary a portion of its reserve fund which the Secretary determines is unnecessary to pay the program expenses and contingent liabilities of the guaranty agency;
  • 20 U.S.C. § 1072(g)(1)(B)
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    (B) the Secretary may direct the guaranty agency to require the return, to the guaranty agency or to the Secretary, of any reserve funds or assets held by, or under the control of, any other entity, which the Secretary determines are necessary to pay the program expenses and contingent liabilities of the guaranty agency, or which are required for the orderly termination of the guaranty agency’s operations and the liquidation of its assets;
  • 20 U.S.C. § 1072(g)(1)(C)
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    (C) the Secretary may direct a guaranty agency, or such agency’s officers or directors, to cease any activities involving expenditure, use or transfer of the guaranty agency’s reserve funds or assets which the Secretary determines is a misapplication, misuse, or improper expenditure of such funds or assets; and
  • 20 U.S.C. § 1072(g)(2)(A)
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    (A) To ensure that the funds and assets of the guaranty agency are preserved, any contract with respect to the administration of a guaranty agency’s reserve funds, or the administration of any assets purchased or acquired with the reserve funds of the guaranty agency, that is entered into or extended by the guaranty agency, or any other party on behalf of or with the concurrence of the guaranty agency, after August 10, 1993, shall provide that the contract is terminable by the Secretary upon 30 days notice to the contracting parties if the Secretary determines that such contract includes an impermissible transfer of the reserve funds or assets, or is otherwise inconsistent with the terms or purposes of this section.
  • 20 U.S.C. § 1072(g)(2)(B)
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    (B) The Secretary may direct a guaranty agency to suspend or cease activities under any contract entered into by or on behalf of such agency after January 1, 1993, if the Secretary determines that the misuse or improper expenditure of such guaranty agency’s funds or assets or such contract provides unnecessary or improper benefits to such agency’s officers or directors.
  • 20 U.S.C. § 1072(g)(3)
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    (3) Violation of any direction issued by the Secretary under this subsection may be subject to the penalties described in section 1097 of this title.
  • 20 U.S.C. § 1072(g)(4)
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    (4) Any funds that are returned or otherwise recovered by the Secretary pursuant to this subsection shall be available for expenditure for expenses pursuant to section 1087h of this title.
  • 20 U.S.C. § 1072(h)(1)
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    (1) Notwithstanding any other provision of law, the Secretary shall, except as otherwise provided in this subsection, recall $1,000,000,000 from the reserve funds held by guaranty agencies on September 1, 2002.
  • 20 U.S.C. § 1072(h)(2)
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    (2) Funds recalled by the Secretary under this subsection shall be deposited in the Treasury.
  • 20 U.S.C. § 1072(h)(3)
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    (3) The Secretary shall require each guaranty agency to return reserve funds under paragraph (1) based on the agency’s required share of recalled reserve funds held by guaranty agencies as of September 30, 1996. For purposes of this paragraph, a guaranty agency’s required share of recalled reserve funds shall be determined as follows:
    (A) The Secretary shall compute each guaranty agency’s reserve ratio by dividing (i) the amount held in the agency’s reserve funds as of September 30, 1996 (but reflecting later accounting or auditing adjustments approved by the Secretary), by (ii) the original principal amount of all loans for which the agency has an outstanding insurance obligation as of such date, including amounts of outstanding loans transferred to the agency from another guaranty agency.
    (B) If the reserve ratio of any guaranty agency as computed under subparagraph (A) exceeds 2.0 percent, the agency’s required share shall include so much of the amounts held in the agency’s reserve funds as exceed a reserve ratio of 2.0 percent.
    (C) If any additional amount is required to be recalled under paragraph (1) (after deducting the total of the required shares calculated under subparagraph (B)), such additional amount shall be obtained by imposing on each guaranty agency an equal percentage reduction in the amount of the agency’s reserve funds remaining after deduction of the amount recalled under subparagraph (B), except that such percentage reduction under this subparagraph shall not result in the agency’s reserve ratio being reduced below 0.58 percent. The equal percentage reduction shall be the percentage obtained by dividing—
    (i) the additional amount required to be recalled (after deducting the total of the required shares calculated under subparagraph (B)), by
    (ii) the total amount of all such agencies’ reserve funds remaining (after deduction of the required shares calculated under such subparagraph).
    (D) If any additional amount is required to be recalled under paragraph (1) (after deducting the total of the required shares calculated under subparagraphs (B) and (C)), such additional amount shall be obtained by imposing on each guaranty agency with a reserve ratio (after deducting the required shares calculated under such subparagraphs) in excess of 0.58 percent an equal percentage reduction in the amount of the agency’s reserve funds remaining (after such deduction) that exceed a reserve ratio of 0.58 percent. The equal percentage reduction shall be the percentage obtained by dividing—
    (i) the additional amount to be recalled under paragraph (1) (after deducting the amount recalled under subparagraphs (B) and (C)), by
    (ii) the total amount of all such agencies’ reserve funds remaining (after deduction of the required shares calculated under such subparagraphs) that exceed a reserve ratio of 0.58 percent.
  • 20 U.S.C. § 1072(h)(3)(A)
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    (A) The Secretary shall compute each guaranty agency’s reserve ratio by dividing (i) the amount held in the agency’s reserve funds as of September 30, 1996 (but reflecting later accounting or auditing adjustments approved by the Secretary), by (ii) the original principal amount of all loans for which the agency has an outstanding insurance obligation as of such date, including amounts of outstanding loans transferred to the agency from another guaranty agency.
  • 20 U.S.C. § 1072(h)(4)(A)
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    (A) Within 90 days after the beginning of each of the fiscal years 1998 through 2002, each guaranty agency shall transfer a portion of the agency’s required share determined under paragraph (3) to a restricted account established by the agency that is of a type selected by the agency with the approval of the Secretary. Funds transferred to such restricted accounts shall be invested in obligations issued or guaranteed by the United States or in other similarly low-risk securities.
  • 20 U.S.C. § 1072(h)(4)(B)
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    (B) A guaranty agency shall not use the funds in such a restricted account for any purpose without the express written permission of the Secretary, except that a guaranty agency may use the earnings from such restricted account for default reduction activities.
  • 20 U.S.C. § 1072(h)(4)(C)(ii)
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    (ii) a guaranty agency may transfer such required share to such account in accordance with such other payment schedules as are approved by the Secretary.
  • 20 U.S.C. § 1072(h)(5)
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    (5) If, on September 1, 2002, the total amount in the restricted accounts described in paragraph (4) is less than the amount the Secretary is required to recall under paragraph (1), the Secretary shall require the return of the amount of the shortage from other reserve funds held by guaranty agencies under procedures established by the Secretary. The Secretary shall first attempt to obtain the amount of such shortage from each guaranty agency that failed to transfer the agency’s required share to the agency’s restricted account in accordance with paragraph (4).
  • 20 U.S.C. § 1072(h)(6)(A)
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    (A) The Secretary may take such reasonable measures, and require such information, as may be necessary to ensure that guaranty agencies comply with the requirements of this subsection.
  • 20 U.S.C. § 1072(h)(6)(B)
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    (B) If the Secretary determines that a guaranty agency has failed to transfer to a restricted account any portion of the agency’s required share under this subsection, the agency may not receive any other funds under this part until the Secretary determines that the agency has so transferred the agency’s required share.
  • 20 U.S.C. § 1072(h)(6)(C)
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    (C) The Secretary may waive the requirements of subparagraph (B) for a guaranty agency described in such subparagraph if the Secretary determines that there are extenuating circumstances beyond the control of the agency that justify such waiver.
  • 20 U.S.C. § 1072(h)(7)(A)
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    (A) The Secretary shall not have any authority to direct a guaranty agency to return reserve funds under subsection (g)(1)(A) during the period from August 5, 1997, through September 30, 2002.
  • 20 U.S.C. § 1072(h)(7)(B)
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    (B) Any reserve funds directed by the Secretary to be returned to the Secretary under subsection (g)(1)(B) during such period that do not exceed a guaranty agency’s required share of recalled reserve funds under paragraph (3)—
    (i) shall be used to satisfy the agency’s required share of recalled reserve funds; and
    (ii) shall be deposited in the restricted account established by the agency under paragraph (4), without regard to whether such funds exceed the next installment required under such paragraph.
  • 20 U.S.C. § 1072(h)(7)(C)
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    (C) Any reserve funds directed by the Secretary to be returned to the Secretary under subsection (g)(1)(C) during such period that do not exceed a guaranty agency’s next installment under paragraph (4)—
    (i) shall be used to satisfy the agency’s next installment; and
    (ii) shall be deposited in the restricted account established by the agency under paragraph (4).
  • 20 U.S.C. § 1072(h)(7)(D)
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    (D) Any reserve funds directed by the Secretary to be returned to the Secretary under subparagraph (B) or (C) of subsection (g)(1) that remain after satisfaction of the requirements of subparagraphs (B) and (C) of this paragraph shall be deposited in the Treasury.
  • 20 U.S.C. § 1072(i)(1)
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    (1) Notwithstanding any other provision of law and subject to paragraph (4), the Secretary shall recall, from reserve funds held in the Federal Student Loan Reserve Funds established under section 1072a of this title by guaranty agencies—
    (A) $85,000,000 in fiscal year 2002;
    (B) $82,500,000 in fiscal year 2006; and
    (C) $82,500,000 in fiscal year 2007.
  • 20 U.S.C. § 1072(i)(2)
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    (2) Funds recalled by the Secretary under this subsection shall be deposited in the Treasury.
  • 20 U.S.C. § 1072(i)(3)
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    (3) The Secretary shall require each guaranty agency to return reserve funds under paragraph (1) on the basis of the agency’s required share. For purposes of this paragraph, a guaranty agency’s required share shall be determined as follows:
    (A) The Secretary shall require each guaranty agency to return an amount representing an equal percentage reduction in the amount of reserve funds held by the agency on September 30, 1996.
    (B) The equal percentage reduction shall be the percentage obtained by dividing—
    (i) $250,000,000, by
    (ii) the total amount of all guaranty agencies’ reserve funds held on September 30, 1996, less any amounts subject to recall under subsection (h).
    (C) Notwithstanding subparagraphs (A) and (B), the percentage reduction under subparagraph (B) shall not result in the depletion of the reserve funds of any agency which charges the 1.0 percent insurance premium pursuant to section 1078(b)(1)(H) of this title below an amount equal to the amount of lender claim payments paid during the 90 days prior to the date of the return under this subsection. If any additional amount is required to be returned after deducting the total of the required shares under subparagraph (B) and as a result of the preceding sentence, such additional amount shall be obtained by imposing on each guaranty agency to which the preceding sentence does not apply, an equal percentage reduction in the amount of the agency’s remaining reserve funds.
  • 20 U.S.C. § 1072(i)(3)(A)
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    (A) The Secretary shall require each guaranty agency to return an amount representing an equal percentage reduction in the amount of reserve funds held by the agency on September 30, 1996.
  • 20 U.S.C. § 1072(i)(4)
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    (4) If any guaranty agency returns to the Secretary any reserve funds in excess of the amount required under this subsection or subsection (h), the total amount required to be returned under paragraph (1) shall be reduced by the amount of such excess reserve funds returned.
  • 20 U.S.C. § 1072a(a)
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    (a) Each guaranty agency shall, not later than 60 days after October 7, 1998, deposit all funds, securities, and other liquid assets contained in the reserve fund established pursuant to section 1072 of this title into a Federal Student Loan Reserve Fund (in this section and section 1072b of this title referred to as the “Federal Fund”), which shall be an account of a type selected by the agency, with the approval of the Secretary.
  • 20 U.S.C. § 1072a(b)
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    (b) Funds transferred to the Federal Fund shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities selected by the guaranty agency, with the approval of the Secretary. Earnings from the Federal Fund shall be the sole property of the Federal Government.
  • 20 U.S.C. § 1072a(c)(1)
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    (1) all amounts received from the Secretary as payment of reinsurance on loans pursuant to section 1078(c)(1) of this title;
  • 20 U.S.C. § 1072a(c)(2)(B)
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    (B) with respect to a loan that the Secretary has repaid or discharged under section 1087 of this title;
  • 20 U.S.C. § 1072a(c)(4)
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    (4) all amounts received from the Secretary as payment for supplemental preclaims activity performed prior to October 7, 1998;
  • 20 U.S.C. § 1072a(c)(5)
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    (5) 70 percent of amounts received after October 7, 1998, from the Secretary as payment for administrative cost allowances for loans upon which insurance was issued prior to October 7, 1998; and
  • 20 U.S.C. § 1072a(c)(6)
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    (6) other receipts as specified in regulations of the Secretary.
  • 20 U.S.C. § 1072a(e)
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    (e) The Federal Fund, and any nonliquid asset (such as a building or equipment) developed or purchased by the guaranty agency in whole or in part with Federal reserve funds, regardless of who holds or controls the Federal reserve funds or such asset, shall be considered to be the property of the United States, prorated based on the percentage of such asset developed or purchased with Federal reserve funds, which property shall be used in the operation of the program authorized by this part, as provided in subsection (d). The Secretary may restrict or regulate the use of such asset only to the extent necessary to reasonably protect the Secretary’s prorated share of the value of such asset. The Secretary may direct a guaranty agency, or such agency’s officers or directors, to cease any activity involving expenditures, use, or transfer of the Federal Fund administered by the guaranty agency that the Secretary determines is a misapplication, misuse, or improper expenditure of the Federal Fund or the Secretary’s share of such asset.
  • 20 U.S.C. § 1072a(f)(2)
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    (2) A limited number of guaranty agencies may transfer interest earned on the Federal Fund to the Operating Fund during the first 3 years after October 7, 1998, if the guaranty agency demonstrates to the Secretary that—
    (A) the cash flow in the Operating Fund will be negative without the transfer of such interest; and
    (B) the transfer of such interest will substantially improve the financial circumstances of the guaranty agency.
  • 20 U.S.C. § 1072a(f)(3)
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    (3) Each guaranty agency shall begin repayment of sums transferred pursuant to this subsection not later than the start of the fourth year after the establishment of the Operating Fund, and shall repay all amounts transferred not later than 5 years from the date of the establishment of the Operating Fund. With respect to amounts transferred from the Federal Fund, the guaranty agency shall not be required to repay any interest on the funds transferred and subsequently repaid. The guaranty agency shall provide to the Secretary a reasonable schedule for repayment of the sums transferred and an annual financial analysis demonstrating the agency’s ability to comply with the schedule and repay all outstanding sums transferred.
  • 20 U.S.C. § 1072a(f)(4)
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    (4) If a guaranty agency transfers funds from the Federal Fund in accordance with this section, and fails to make scheduled repayments to the Federal Fund, the agency may not receive any other funds under this part until the Secretary determines that the agency has made such repayments. The Secretary shall pay to the guaranty agency any funds withheld in accordance with this paragraph immediately upon making the determination that the guaranty agency has made all such repayments.
  • 20 U.S.C. § 1072a(f)(5)
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    (5) The Secretary may—
    (A) waive the requirements of paragraph (3), but only with respect to repayment of interest that was transferred in accordance with paragraph (2); and
    (B) waive paragraph (4);
    for a guaranty agency, if the Secretary determines that there are extenuating circumstances (such as State constitutional prohibitions) beyond the control of the agency that justify such a waiver.
  • 20 U.S.C. § 1072a(f)(6)(A)
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    (A) The Secretary shall extend the period for repayment of interest that was transferred in accordance with paragraph (2) from 2 years to 5 years if the Secretary determines that—
    (i) the cash flow of the Operating Fund will be negative as a result of repayment as required by paragraph (3);
    (ii) the repayment of the interest transferred will substantially diminish the financial circumstances of the guaranty agency; and
    (iii) the guaranty agency has demonstrated—
    (I) that the agency is able to repay all transferred funds by the end of the 8th year following the date of establishment of the Operating Fund; and
    (II) that the agency will be financially sound on the completion of repayment.
  • 20 U.S.C. § 1072a(f)(7)
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    (7) Funds transferred from the Federal Fund to the Operating Fund for operating expenses shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities selected by the guaranty agency, with the approval of the Secretary.
  • 20 U.S.C. § 1072a(f)(8)
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    (8) In calculating the minimum reserve level required by section 1078(c)(9)(A) of this title, the Secretary shall include all amounts owed to the Federal Fund by the guaranty agency in the calculation.
  • 20 U.S.C. § 1072b(c)(1)
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    (1) the loan processing and issuance fee paid by the Secretary pursuant to section 1078(f) of this title;
  • 20 U.S.C. § 1072b(c)(2)
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    (2) 30 percent of amounts received after October 7, 1998, from the Secretary as payment for administrative cost allowances for loans upon which insurance was issued prior to October 7, 1998;
  • 20 U.S.C. § 1072b(c)(3)
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    (3) the account maintenance fee paid by the Secretary in accordance with section 1087h of this title;
  • 20 U.S.C. § 1072b(c)(5)
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    (5) amounts remaining pursuant to section 1078(c)(6)(B)1 of this title from collection on defaulted loans held by the agency, after payment of the Secretary’s equitable share, excluding amounts deposited in the Federal Fund pursuant to section 1072a(c)(2) of this title; and
  • 20 U.S.C. § 1072b(c)(6)
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    (6) other receipts as specified in regulations of the Secretary.
  • 20 U.S.C. § 1072b(d)(3)(A)
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    (A) The term “default collection activities” means activities of a guaranty agency that are directly related to the collection of the loan on which a default claim has been paid to the participating lender, including the due diligence activities required pursuant to regulations of the Secretary.
  • 20 U.S.C. § 1072b(d)(3)(B)
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    (B) The term “default aversion activities” means activities of a guaranty agency that are directly related to providing collection assistance to the lender on a delinquent loan, prior to the loan’s being legally in a default status, including due diligence activities required pursuant to regulations of the Secretary.
  • 20 U.S.C. § 1072b(e)(2)
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    (2) Except as provided in paragraph (3), the Secretary may not regulate the uses or expenditure of moneys in the Operating Fund, but the Secretary may require such necessary reports and audits as provided in section 1078(b)(2) of this title.
  • 20 U.S.C. § 1072b(e)(3)(B)
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    (B) the Secretary may regulate the uses or expenditure of moneys in the Operating Fund.
  • 20 U.S.C. § 1073(a)
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    (a) Except as provided in subsection (b), the Secretary shall not issue certificates of insurance under section 1079 of this title to lenders in a State if the Secretary determines that every eligible institution has reasonable access in that State to a State or private nonprofit student loan insurance program which is covered by an agreement under section 1078(b) of this title.
  • 20 U.S.C. § 1073(b)
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    (b) The Secretary may issue certificates of insurance under section 1079 of this title to a lender in a State—
    (1) for insurance of a loan made to a student borrower who does not, by reason of the borrower’s residence, have access to loan insurance under the loan insurance program of such State (or under any private nonprofit loan insurance program which has received an advance under section 1072 of this title for the benefit of students in such State);
    (2) for insurance of all the loans made to student borrowers by a lender who satisfies the Secretary that, by reason of the residence of such borrowers, such lender will not have access to any single State or nonprofit private loan insurance program which will insure substantially all of the loans such lender intends to make to such student borrowers; or
    (3) under such circumstances as may be approved by the guaranty agency in such State, for the insurance of a loan to a borrower for whom such lender previously was issued such a certificate if the loan covered by such certificate is not yet repaid.
  • 20 U.S.C. § 1073(b)(2)
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    (2) for insurance of all the loans made to student borrowers by a lender who satisfies the Secretary that, by reason of the residence of such borrowers, such lender will not have access to any single State or nonprofit private loan insurance program which will insure substantially all of the loans such lender intends to make to such student borrowers; or
  • 20 U.S.C. § 1074(b)
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    (b) The Secretary may, if he or she finds it necessary to do so in order to assure an equitable distribution of the benefits of this part, assign, within the maximum amounts specified in subsection (a), Federal loan insurance quotas applicable to eligible lenders, or to States or areas, and may from time to time reassign unused portions of these quotas.
  • 20 U.S.C. § 1075(a)(1)(A)
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    (A) The total of loans made to a student in any academic year or its equivalent (as determined by the Secretary) which may be covered by Federal loan insurance under this part may not exceed—
    (i) in the case of a student at an eligible institution who has not successfully completed the first year of a program of undergraduate education—
    (I) $3,500, if such student is enrolled in a program whose length is at least one academic year in length (as determined under section 1088 of this title); and
    (II) if such student is enrolled in a program of undergraduate education which is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause (I) as the length of such program measured in semester, trimester, quarter, or clock hours bears to one academic year;
    (ii) in the case of a student at an eligible institution who has successfully completed such first year but has not successfully completed the remainder of a program of undergraduate education—
    (I) $4,500; or
    (II) if such student is enrolled in a program of undergraduate education, the remainder of which is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause (I) as such remainder measured in semester, trimester, quarter, or clock hours bears to one academic year;
    (iii) in the case of a student at an eligible institution who has successfully completed the first and second years of a program of undergraduate education but has not successfully completed the remainder of such program—
    (I) $5,500; or
    (II) if such student is enrolled in a program of undergraduate education, the remainder of which is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause (I) as such remainder measured in semester, trimester, quarter, or clock hours bears to one academic year; and
    (iv) in the case of a graduate or professional student (as defined in regulations of the Secretary) at an eligible institution, $8,500.
  • 20 U.S.C. § 1075(a)(1)(A)(iv)
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    (iv) in the case of a graduate or professional student (as defined in regulations of the Secretary) at an eligible institution, $8,500.
  • 20 U.S.C. § 1075(a)(1)(B)
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    (B) The annual insurable limits contained in subparagraph (A) shall not apply in cases where the Secretary determines, pursuant to regulations, that a higher amount is warranted in order to carry out the purpose of this part with respect to students engaged in specialized training requiring exceptionally high costs of education. The annual insurable limit per student shall not be deemed to be exceeded by a line of credit under which actual payments by the lender to the borrower will not be made in any year in excess of the annual limit.
  • 20 U.S.C. § 1075(a)(2)(A)
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    (A) The aggregate insured unpaid principal amount for all such insured loans made to any student shall not at any time exceed—
    (i) $23,000, in the case of any student who has not successfully completed a program of undergraduate education, excluding loans made under section 1078–11 or 1078–2 of this title; and
    (ii) $65,500, in the case of any graduate or professional student (as defined by regulations of the Secretary) and (I) including any loans which are insured by the Secretary under this section, or by a guaranty agency, made to such student before the student became a graduate or professional student),2 but (II) excluding loans made under section 1078–11 or 1078–2 of this title,
    except that the Secretary may increase the limit applicable to students who are pursuing programs which the Secretary determines are exceptionally expensive.
  • 20 U.S.C. § 1075(a)(2)(A)(ii)
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    (ii) $65,500, in the case of any graduate or professional student (as defined by regulations of the Secretary) and (I) including any loans which are insured by the Secretary under this section, or by a guaranty agency, made to such student before the student became a graduate or professional student),2 but (II) excluding loans made under section 1078–11 or 1078–2 of this title,
  • 20 U.S.C. § 1075(a)(2)(B)
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    (B) The Secretary may increase the aggregate insurable limit applicable to students who are pursuing programs which the Secretary determines are exceptionally expensive.
  • 20 U.S.C. § 1075(b)(1)(A)
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    (A) Except as provided in subparagraph (B), the insurance liability on any loan insured by the Secretary under this part shall be 100 percent of the unpaid balance of the principal amount of the loan plus interest, except that—
    (i) if, for any fiscal year, the total amount of payments under section 1080 of this title by the Secretary to any eligible lender as described in section 1085(d)(1)(D) of this title exceeds 5 percent of the sum of the loans made by such lender which are insured by the Secretary and which were in repayment at the end of the preceding fiscal year, the insurance liability under this subsection for that portion of such excess which represents loans insured after the applicable date with respect to such loans, as determined under subparagraph (C), shall be equal to 90 percent of the amount of such portion; or
    (ii) if, for any fiscal year, the total amount of such payments to such a lender exceeds 9 percent of such sum, the insurance liability under this subsection for that portion of such excess which represents loans insured after the applicable date with respect to such loans, as determined under subparagraph (C), shall be equal to 80 percent of the amount of such portion.
  • 20 U.S.C. § 1075(b)(1)(A)(i)
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    (i) if, for any fiscal year, the total amount of payments under section 1080 of this title by the Secretary to any eligible lender as described in section 1085(d)(1)(D) of this title exceeds 5 percent of the sum of the loans made by such lender which are insured by the Secretary and which were in repayment at the end of the preceding fiscal year, the insurance liability under this subsection for that portion of such excess which represents loans insured after the applicable date with respect to such loans, as determined under subparagraph (C), shall be equal to 90 percent of the amount of such portion; or
  • 20 U.S.C. § 1075(b)(1)(B)
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    (B) Notwithstanding subparagraph (A), the provisions of clauses (i) and (ii) of such subparagraph shall not apply to an eligible lender as described in section 1085(d)(1)(D) of this title for the fiscal year in which such lender begins to carry on a loan program insured by the Secretary, or for any of the 4 succeeding fiscal years.
  • 20 U.S.C. § 1075(b)(2)
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    (2) For the purpose of this subsection, the sum of the loans made by a lender which are insured by the Secretary and which are in repayment shall be the original principal amount of loans made by such lender which are insured by the Secretary reduced by—
    (A) the amount the Secretary has been required to pay to discharge his or her insurance obligations under this part;
    (B) the original principal amount of loans insured by the Secretary which have been fully repaid;
    (C) the original principal amount insured on those loans for which payment of first installment of principal has not become due pursuant to section 1077(a)(2)(B) of this title or such first installment need not be paid pursuant to section 1077(a)(2)(C) of this title; and
    (D) the original principal amount of loans repaid by the Secretary under section 1087 of this title.
  • 20 U.S.C. § 1075(b)(2)(A)
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    (A) the amount the Secretary has been required to pay to discharge his or her insurance obligations under this part;
  • 20 U.S.C. § 1075(b)(2)(B)
    Go to provision →
    (B) the original principal amount of loans insured by the Secretary which have been fully repaid;
  • 20 U.S.C. § 1075(b)(2)(D)
    Go to provision →
    (D) the original principal amount of loans repaid by the Secretary under section 1087 of this title.
  • 20 U.S.C. § 1075(b)(3)
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    (3) For the purpose of this subsection, payments by the Secretary under section 1080 of this title to an assignee of the lender with respect to a loan shall be deemed payments made to such lender.
  • 20 U.S.C. § 1076
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    Loans made by eligible lenders in accordance with this part shall be insurable by the Secretary whether made from funds fully owned by the lender or from funds held by the lender in a trust or similar capacity and available for such loans.
  • 20 U.S.C. § 1077(a)
    Go to provision →
    (a) Except as provided in section 1078–3 of this title, a loan by an eligible lender shall be insurable by the Secretary under the provisions of this part only if—
    (1) made to a student who (A) is an eligible student under section 1091 of this title, (B) has agreed to notify promptly the holder of the loan concerning any change of address, and (C) is carrying at least one-half the normal full-time academic workload for the course of study the student is pursuing (as determined by the institution); and
    (2) evidenced by a note or other written agreement which—
    (A) is made without security and without endorsement;
    (B) provides for repayment (except as provided in subsection (c)) of the principal amount of the loan in installments over a period of not less than 5 years (unless sooner repaid or unless the student, during the 6 months preceding the start of the repayment period, specifically requests that repayment be made over a shorter period) nor more than 10 years beginning 6 months after the month in which the student ceases to carry at an eligible institution at least one-half the normal full-time academic workload as determined by the institution, except—
    (i) as provided in subparagraph (C);
    (ii) that the note or other written instrument may contain such reasonable provisions relating to repayment in the event of default in the payment of interest or in the payment of the cost of insurance premiums, or other default by the borrower, as may be authorized by regulations of the Secretary in effect at the time the loan is made; and
    (iii) that the lender and the student, after the student ceases to carry at an eligible institution at least one-half the normal full-time academic workload as determined by the institution, may agree to a repayment schedule which begins earlier, or is of shorter duration, than required by this subparagraph, but in the event a borrower has requested and obtained a repayment period of less than 5 years, the borrower may at any time prior to the total repayment of the loan, have the repayment period extended so that the total repayment period is not less than 5 years;
    (C) provides that periodic installments of principal need not be paid, but interest shall accrue and be paid, during any period—
    (i) during which the borrower—
    (I) is pursuing at least a half-time course of study as determined by an eligible institution; or
    (II) is pursuing a course of study pursuant to a graduate fellowship program approved by the Secretary, or pursuant to a rehabilitation training program for individuals with disabilities approved by the Secretary,
    except that no borrower shall be eligible for a deferment under this clause, or a loan made under this part (other than a loan made under section 1078–2 or 1078–3 of this title), while serving in a medical internship or residency program;
    (ii) not in excess of 3 years during which the borrower is seeking and unable to find full-time employment;
    (iii) not in excess of 3 years for any reason which the lender determines, in accordance with regulations prescribed by the Secretary under section 1085(o) of this title, has caused or will cause the borrower to have an economic hardship; or
    (iv) in which the borrower is receiving treatment for cancer and the 6 months after such period.1
    and provides that any such period shall not be included in determining the 10-year period described in subparagraph (B);
    (D) provides for interest on the unpaid principal balance of the loan at a yearly rate, not exceeding the applicable maximum rate prescribed in section 1077a of this title, which interest shall be payable in installments over the period of the loan except that, if provided in the note or other written agreement, any interest payable by the student may be deferred until not later than the date upon which repayment of the first installment of principal falls due, in which case interest accrued during that period may be added on that date to the principal;
    (E) provides that the lender will not collect or attempt to collect from the borrower any portion of the interest on the note which is payable by the Secretary under this part, and that the lender will enter into such agreements with the Secretary as may be necessary for the purpose of section 1087 of this title;
    (F) entitles the student borrower to accelerate without penalty repayment of the whole or any part of the loan;
    (i) contains a notice of the system,2 of disclosure of information concerning such loan to consumer reporting agencies under section 1080a of this title, and (ii) provides that the lender on request of the borrower will provide information on the repayment status of the note to such consumer reporting agencies;
    (H) provides that, no more than 6 months prior to the date on which the borrower’s first payment on a loan is due, the lender shall offer the borrower the option of repaying the loan in accordance with a graduated or income-sensitive repayment schedule established by the lender and in accordance with the regulations of the Secretary; and
    (I) contains such other terms and conditions, consistent with the provisions of this part and with the regulations issued by the Secretary pursuant to this part, as may be agreed upon by the parties to such loan, including, if agreed upon, a provision requiring the borrower to pay the lender, in addition to principal and interest, amounts equal to the insurance premiums payable by the lender to the Secretary with respect to such loan;
    (3) the funds borrowed by a student are disbursed to the institution by check or other means that is payable to and requires the endorsement or other certification by such student, except—
    (A) that nothing in this subchapter shall be interpreted—
    (i) to allow the Secretary to require checks to be made copayable to the institution and the borrower; or
    (ii) to prohibit the disbursement of loan proceeds by means other than by check; and
    (B) in the case of any student who is studying outside the United States in a program of study abroad that is approved for credit by the home institution at which such student is enrolled, the funds shall, at the request of the borrower, be delivered directly to the student and the checks may be endorsed, and fund transfers authorized, pursuant to an authorized power-of-attorney; and
    (4) the funds borrowed by a student are disbursed in accordance with section 1078–7 of this title.
  • 20 U.S.C. § 1077(a)(2)(B)(ii)
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    (ii) that the note or other written instrument may contain such reasonable provisions relating to repayment in the event of default in the payment of interest or in the payment of the cost of insurance premiums, or other default by the borrower, as may be authorized by regulations of the Secretary in effect at the time the loan is made; and
  • 20 U.S.C. § 1077(a)(2)(C)(i)(II)
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    (II) is pursuing a course of study pursuant to a graduate fellowship program approved by the Secretary, or pursuant to a rehabilitation training program for individuals with disabilities approved by the Secretary,
  • 20 U.S.C. § 1077(a)(2)(C)(iii)
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    (iii) not in excess of 3 years for any reason which the lender determines, in accordance with regulations prescribed by the Secretary under section 1085(o) of this title, has caused or will cause the borrower to have an economic hardship; or
  • 20 U.S.C. § 1077(a)(2)(E)
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    (E) provides that the lender will not collect or attempt to collect from the borrower any portion of the interest on the note which is payable by the Secretary under this part, and that the lender will enter into such agreements with the Secretary as may be necessary for the purpose of section 1087 of this title;
  • 20 U.S.C. § 1077(a)(2)(H)
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    (H) provides that, no more than 6 months prior to the date on which the borrower’s first payment on a loan is due, the lender shall offer the borrower the option of repaying the loan in accordance with a graduated or income-sensitive repayment schedule established by the lender and in accordance with the regulations of the Secretary; and
  • 20 U.S.C. § 1077(a)(2)(I)
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    (I) contains such other terms and conditions, consistent with the provisions of this part and with the regulations issued by the Secretary pursuant to this part, as may be agreed upon by the parties to such loan, including, if agreed upon, a provision requiring the borrower to pay the lender, in addition to principal and interest, amounts equal to the insurance premiums payable by the lender to the Secretary with respect to such loan;
  • 20 U.S.C. § 1077(a)(3)(A)(i)
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    (i) to allow the Secretary to require checks to be made copayable to the institution and the borrower; or
  • 20 U.S.C. § 1077a(b)
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    (b) If for any 12-month period beginning on or after January 1, 1981, the Secretary, after consultation with the Secretary of the Treasury, determines that the average of the bond equivalent rates of 91-day Treasury bills auctioned for such 12-month period is equal to or less than 9 percent, the interest rate for loans under this part shall be the rate prescribed in subsection (a)(3) for borrowers described in such subsection.
  • 20 U.S.C. § 1077a(c)(2)
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    (2) If for any 12-month period beginning on or after October 1, 1981, the Secretary, after consultation with the Secretary of the Treasury, determines that the average of the bond equivalent rates of 91-day Treasury bills auctioned for such 12-month period is equal to or less than 14 percent, the applicable rate of interest for loans made pursuant to section 1078–11 or 1078–2 of this title on and after the first day of the first month beginning after the date of publication of such determination shall be 12 percent per year on the unpaid principal balance of the loan.
  • 20 U.S.C. § 1077a(c)(3)
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    (3) If for any 12-month period beginning on or after the date of publication of a determination under paragraph (2), the Secretary, after consultation with the Secretary of the Treasury, determines that the average of the bond equivalent rates of 91-day Treasury bills auctioned for such 12-month period exceeds 14 percent, the applicable rate of interest for loans made pursuant to section 1078–11 or 1078–2 of this title on and after the first day of the first month beginning after the date of publication of that determination under this paragraph shall be 14 percent per year on the unpaid principal balance of the loan.
  • 20 U.S.C. § 1077a(c)(4)(C)
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    (C) The Secretary shall determine the applicable rate of interest under subparagraph (B) after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of determination.
  • 20 U.S.C. § 1077a(e)(2)
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    (2) The Secretary shall determine the applicable rate of interest under paragraph (1) after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of determination.
  • 20 U.S.C. § 1077a(f)(2)
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    (2) The Secretary shall determine the applicable rate of interest under paragraph (1) after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of determination.
  • 20 U.S.C. § 1077a(g)(3)
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    (3) The Secretary shall determine the applicable rate of interest under this subsection after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of determination.
  • 20 U.S.C. § 1077a(h)(1)(A)
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    (A) the bond equivalent rate of the securities with a comparable maturity as established by the Secretary; plus
  • 20 U.S.C. § 1077a(h)(3)
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    (3) The Secretary shall determine the applicable rate of interest under this subsection after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of determination.
  • 20 U.S.C. § 1077a(i)(5)
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    (5) Any adjustment amount computed pursuant to paragraphs (2) and (4) of this subsection for any quarter shall be credited, by the holder of the loan on the last day of the calendar year in which such quarter falls, to the loan account of the borrower so as to reduce the principal balance of such account. No such credit shall be made to the loan account of a borrower who on the last day of the calendar year is delinquent for more than 30 days in making a required payment on the loan, but the excess interest shall be calculated and credited to the Secretary. Any credit which is to be made to a borrower’s account pursuant to this subsection shall be made effective commencing no later than 30 days following the last day of the calendar year in which the quarter falls for which the credit is being made. Nothing in this subsection shall be construed to require refunding any repayment of a loan. At the option of the lender, the amount of such adjustment may be distributed to the borrower either by reduction in the amount of the periodic payment on loan, by reducing the number of payments that shall be made with respect to the loan, or by reducing the amount of the final payment of the loan. Nothing in this paragraph shall be construed to require the lender to make additional disclosures pursuant to section 1083(b) of this title.
  • 20 U.S.C. § 1077a(i)(6)
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    (6) For the purpose of enabling holders of loans to make the determinations and adjustments provided for in this subsection, the Secretary shall for each calendar quarter commencing with the quarter beginning on July 1, 1987, publish a notice of the average of the bond equivalent rates of 91-day Treasury bills auctioned for such quarter. Such notice shall be published not later than 7 days after the end of the quarter to which the notice relates.
  • 20 U.S.C. § 1077a(i)(7)(A)
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    (A) Subject to subparagraphs (C) and (D), a lender or holder shall convert the interest rate on a loan that is made pursuant to this part and is subject to the provisions of this subsection to a variable rate. Such conversion shall occur not later than January 1, 1995, and, commencing on the date of conversion, the applicable interest rate for each 12-month period beginning on July 1 and ending on June 30 shall be determined by the Secretary on the June 1 preceding each such 12-month period and be equal to the sum of (i) the bond equivalent rate of the 91-day Treasury bills auctioned at the final auction prior to such June 1; and (ii) 3.25 percent in the case of loans described in paragraph (1), or 3.10 percent in the case of loans described in paragraph (3).
  • 20 U.S.C. § 1077a(j)(4)
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    (4) The Secretary shall determine the applicable rate of interest under this subsection after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of determination.
  • 20 U.S.C. § 1077a(k)(5)
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    (5) The Secretary shall determine the applicable rate of interest under this subsection after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of determination.
  • 20 U.S.C. § 1078(a)(1)(A)
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    (A) which is insured by the Secretary under this part; or
  • 20 U.S.C. § 1078(a)(3)(A)(iii)
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    (iii) The holder of a loan with respect to which payments are required to be made under this section shall be deemed to have a contractual right, as against the United States, to receive from the Secretary the portion of interest which has been so determined without administrative delay after the receipt by the Secretary of an accurate and complete request for payment pursuant to paragraph (4).
  • 20 U.S.C. § 1078(a)(3)(A)(iv)
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    (iv) The Secretary shall pay this portion of the interest to the holder of the loan on behalf of and for the account of the borrower at such times as may be specified in regulations in force when the applicable agreement entered into pursuant to subsection (b) was made, or, if the loan was made by a State or is insured under a program which is not covered by such an agreement, at such times as may be specified in regulations in force at the time the loan was paid to the student.
  • 20 U.S.C. § 1078(a)(3)(B)
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    (B) If—
    (i) a State student loan insurance program is covered by an agreement under subsection (b),
    (ii) a statute of such State limits the interest rate on loans insured by such program to a rate which is less than the applicable interest rate under this part, and
    (iii) the Secretary determines that subsection (d) does not make such statutory limitation inapplicable and that such statutory limitation threatens to impede the carrying out of the purpose of this part,
    then the Secretary may pay an administrative cost allowance to the holder of each loan which is insured under such program and which is made during the period beginning on the 60th day after October 16, 1968, and ending 120 days after the adjournment of such State’s first regular legislative session which adjourns after January 1, 1969. Such administrative cost allowance shall be paid over the term of the loan in an amount per year (determined by the Secretary) which shall not exceed 1 percent of the unpaid principal balance of the loan.
  • 20 U.S.C. § 1078(a)(3)(B)(iii)
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    (iii) the Secretary determines that subsection (d) does not make such statutory limitation inapplicable and that such statutory limitation threatens to impede the carrying out of the purpose of this part,
  • 20 U.S.C. § 1078(a)(4)
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    (4) Each holder of a loan with respect to which payments of interest are required to be made by the Secretary shall submit to the Secretary, at such time or times and in such manner as the Secretary may prescribe, statements containing such information as may be required by or pursuant to regulation for the purpose of enabling the Secretary to determine the amount of the payment which he must make with respect to that loan.
  • 20 U.S.C. § 1078(b)(1)
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    (1) Any State or any nonprofit private institution or organization may enter into an agreement with the Secretary for the purpose of entitling students who receive loans which are insured under a student loan insurance program of that State, institution, or organization to have made on their behalf the payments provided for in subsection (a) if the Secretary determines that the student loan insurance program—
    (A) authorizes the insurance in any academic year, as defined in section 1088(a)(2) of this title, or its equivalent (as determined under regulations of the Secretary) for any student who is carrying at an eligible institution or in a program of study abroad approved for credit by the eligible home institution at which such student is enrolled at least one-half the normal full-time academic workload (as determined by the institution) in any amount up to a maximum of—
    (i) in the case of a student at an eligible institution who has not successfully completed the first year of a program of undergraduate education—
    (I) $3,500, if such student is enrolled in a program whose length is at least one academic year in length; and
    (II) if such student is enrolled in a program of undergraduate education which is less than 1 academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause (I) as the length of such program measured in semester, trimester, quarter, or clock hours bears to 1 academic year;
    (ii) in the case of a student at an eligible institution who has successfully completed such first year but has not successfully completed the remainder of a program of undergraduate education—
    (I) $4,500; or
    (II) if such student is enrolled in a program of undergraduate education, the remainder of which is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause (I) as such remainder measured in semester, trimester, quarter, or clock hours bears to one academic year;
    (iii) in the case of a student at an eligible institution who has successfully completed the first and second years of a program of undergraduate education but has not successfully completed the remainder of such program—
    (I) $5,500; or
    (II) if such student is enrolled in a program of undergraduate education, the remainder of which is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause (I) as such remainder measured in semester, trimester, quarter, or clock hours bears to one academic year;
    (iv) in the case of a student who has received an associate or baccalaureate degree and is enrolled in an eligible program for which the institution requires such degree for admission, the number of years that a student has completed in a program of undergraduate education shall, for the purposes of clauses (ii) and (iii), include any prior enrollment in the eligible program of undergraduate education for which the student was awarded such degree;
    (v) in the case of a graduate or professional student (as defined in regulations of the Secretary) at an eligible institution, $8,500; and
    (vi) in the case of a student enrolled in coursework specified in sections 1091(b)(3)(B) and 1091(b)(4)(B) of this title—
    (I) $2,625 for coursework necessary for enrollment in an undergraduate degree or certificate program, and, in the case of a student who has obtained a baccalaureate degree, $5,500 for coursework necessary for enrollment in a graduate or professional degree or certification program; and
    (II) in the case of a student who has obtained a baccalaureate degree, $5,500 for coursework necessary for a professional credential or certification from a State required for employment as a teacher in an elementary school or secondary school;
    except in cases where the Secretary determines, pursuant to regulations, that a higher amount is warranted in order to carry out the purpose of this part with respect to students engaged in specialized training requiring exceptionally high costs of education, but the annual insurable limit per student shall not be deemed to be exceeded by a line of credit under which actual payments by the lender to the borrower will not be made in any years in excess of the annual limit;
    (B) provides that the aggregate insured unpaid principal amount for all such insured loans made to any student shall be any amount up to a maximum of—
    (i) $23,000, in the case of any student who has not successfully completed a program of undergraduate education, excluding loans made under section 1078–11 or 1078–2 of this title; and
    (ii) $65,500, in the case of any graduate or professional student (as defined by regulations of the Secretary), and (I) including any loans which are insured by the Secretary under this section, or by a guaranty agency, made to such student before the student became a graduate or professional student, but (II) excluding loans made under section 1078–11 or 1078–2 of this title,
    except that the Secretary may increase the limit applicable to students who are pursuing programs which the Secretary determines are exceptionally expensive;
    (C) authorizes the insurance of loans to any individual student for at least 6 academic years of study or their equivalent (as determined under regulations of the Secretary);
    (D) provides that (i) the student borrower shall be entitled to accelerate without penalty the whole or any part of an insured loan, (ii) the student borrower may annually change the selection of a repayment plan under this part, and (iii) the note, or other written evidence of any loan, may contain such reasonable provisions relating to repayment in the event of default by the borrower as may be authorized by regulations of the Secretary in effect at the time such note or written evidence was executed, and shall contain a notice that repayment may, following a default by the borrower, be subject to income contingent repayment in accordance with subsection (m);
    (E) subject to subparagraphs (D) and (L), and except as provided by subparagraph (M), provides that—
    (i) not more than 6 months prior to the date on which the borrower’s first payment is due, the lender shall offer the borrower of a loan made, insured, or guaranteed under this section or section 1078–8 of this title, the option of repaying the loan in accordance with a standard, graduated, income-sensitive, or extended repayment schedule (as described in paragraph (9)) established by the lender in accordance with regulations of the Secretary; and
    (ii) repayment of loans shall be in installments in accordance with the repayment plan selected under paragraph (9) and commencing at the beginning of the repayment period determined under paragraph (7);
    (F) authorizes interest on the unpaid balance of the loan at a yearly rate not in excess (exclusive of any premium for insurance which may be passed on to the borrower) of the rate required by section 1077a of this title;
    (G) insures 98 percent of the unpaid principal of loans insured under the program, except that—
    (i) such program shall insure 100 percent of the unpaid principal of loans made with funds advanced pursuant to subsection (j);
    (ii) for any loan for which the first disbursement of principal is made on or after July 1, 2006, and before July 1, 2010, the preceding provisions of this subparagraph shall be applied by substituting “97 percent” for “98 percent”; and
    (iii) notwithstanding the preceding provisions of this subparagraph, such program shall insure 100 percent of the unpaid principal amount of exempt claims as defined in subsection (c)(1)(G);
    (H) provides—
    (i) for loans for which the date of guarantee of principal is before July 1, 2006, for the collection of a single insurance premium equal to not more than 1.0 percent of the principal amount of the loan, by deduction proportionately from each installment payment of the proceeds of the loan to the borrower, and ensures that the proceeds of the premium will not be used for incentive payments to lenders; or
    (ii) for loans for which the date of guarantee of principal is on or after July 1, 2006, and that are first disbursed before July 1, 2010, for the collection, and the deposit into the Federal Student Loan Reserve Fund under section 1072a of this title of a Federal default fee of an amount equal to 1.0 percent of the principal amount of the loan, which fee shall be collected either by deduction from the proceeds of the loan or by payment from other non-Federal sources, and ensures that the proceeds of the Federal default fee will not be used for incentive payments to lenders;
    (I) provides that the benefits of the loan insurance program will not be denied any student who is eligible for interest benefits under subsection (a)(1) and (2);
    (J) provides that a student may obtain insurance under the program for a loan for any year of study at an eligible institution;
    (K) in the case of a State program, provides that such State program is administered by a single State agency, or by one or more nonprofit private institutions or organizations under supervision of a single State agency;
    (L) provides that the total of the payments by borrower—
    (i) except as otherwise provided by a repayment plan selected by the borrower under clause (ii), (iii), or (v) of paragraph (9)(A), during any year of any repayment period with respect to the aggregate amount of all loans to that borrower which are insured under this part shall not, unless the borrower and the lender otherwise agree, be less than $600 or the balance of all such loans (together with interest thereon), whichever amount is less (but in no instance less than the amount of interest due and payable, notwithstanding any payment plan under paragraph (9)(A)); and
    (ii) for a monthly or other similar payment period with respect to the aggregate of all loans held by the lender may, when the amount of a monthly or other similar payment is not a multiple of $5, be rounded to the next highest whole dollar amount that is a multiple of $5;
    (M) provides that periodic installments of principal need not be paid, but interest shall accrue and be paid by the Secretary, during any period—
    (i) during which the borrower—
    (I) is pursuing at least a half-time course of study as determined by an eligible institution, except that no borrower, notwithstanding the provisions of the promissory note, shall be required to borrow an additional loan under this subchapter in order to be eligible to receive a deferment under this clause; or
    (II) is pursuing a course of study pursuant to a graduate fellowship program approved by the Secretary, or pursuant to a rehabilitation training program for disabled individuals approved by the Secretary,
    except that no borrower shall be eligible for a deferment under this clause, or loan made under this part (other than a loan made under section 1078–2 or 1078–3 of this title), while serving in a medical internship or residency program;
    (ii) not in excess of 3 years during which the borrower is seeking and unable to find full-time employment, except that no borrower who provides evidence of eligibility for unemployment benefits shall be required to provide additional paperwork for a deferment under this clause;
    (iii) during which the borrower—
    (I) is serving on active duty during a war or other military operation or national emergency; or
    (II) is performing qualifying National Guard duty during a war or other military operation or national emergency,
    and for the 180-day period following the demobilization date for the service described in subclause (I) or (II);
    (iv) not in excess of 3 years for any reason which the lender determines, in accordance with regulations prescribed by the Secretary under section 1085(o) of this title, has caused or will cause the borrower to have an economic hardship; or
    (v) during which the borrower is receiving treatment for cancer and the 6 months after such period;
    (N) provides that funds borrowed by a student—
    (i) are disbursed to the institution by check or other means that is payable to, and requires the endorsement or other certification by, such student;
    (ii) in the case of a student who is studying outside the United States in a program of study abroad that is approved for credit by the home institution at which such student is enrolled, and only after verification of the student’s enrollment by the lender or guaranty agency, are, at the request of the student, disbursed directly to the student by the means described in clause (i), unless such student requests that the check be endorsed, or the funds transfer be authorized, pursuant to an authorized power-of-attorney; or
    (iii) in the case of a student who is studying outside the United States in a program of study at an eligible foreign institution, are, at the request of the foreign institution, disbursed directly to the student, only after verification of the student’s enrollment by the lender or guaranty agency by the means described in clause (i).2
    (O) provides that the proceeds of the loans will be disbursed in accordance with the requirements of section 1078–7 of this title;
    (P) requires the borrower to notify the institution concerning any change in local address during enrollment and requires the borrower and the institution at which the borrower is in attendance promptly to notify the holder of the loan, directly or through the guaranty agency, concerning (i) any change of permanent address, (ii) when the student ceases to be enrolled on at least a half-time basis, and (iii) any other change in status, when such change in status affects the student’s eligibility for the loan;
    (Q) provides for the guarantee of loans made to students and parents under sections 1078–11 and 1078–2 of this title;
    (R) with respect to lenders which are eligible institutions, provides for the insurance of loans by only such institutions as are located within the geographic area served by such guaranty agency;
    (S) provides no restrictions with respect to the insurance of loans for students who are otherwise eligible for loans under such program if such a student is accepted for enrollment in or is attending an eligible institution within the State, or if such a student is a legal resident of the State and is accepted for enrollment in or is attending an eligible institution outside that State;
    (T) authorizes (i) the limitation of the total number of loans or volume of loans, made under this part to students attending a particular eligible institution during any academic year; and (ii) the limitation, suspension, or termination of the eligibility of an eligible institution if—
    (I) such institution is ineligible for the emergency action, limitation, suspension, or termination of eligible institutions under regulations issued by the Secretary or is ineligible pursuant to criteria, rules, or regulations issued under the student loan insurance program which are substantially the same as regulations with respect to emergency action, limitation, suspension, or termination of such eligibility issued by the Secretary;
    (II) there is a State constitutional prohibition affecting the eligibility of such an institution;
    (III) such institution fails to make timely refunds to students as required by regulations issued by the Secretary or has not satisfied within 30 days of issuance a final judgment obtained by a student seeking such a refund;
    (IV) such institution or an owner, director, or officer of such institution is found guilty in any criminal, civil, or administrative proceeding, or such institution or an owner, director, or officer of such institution is found liable in any civil or administrative proceeding, regarding the obtaining, maintenance, or disbursement of State or Federal grant, loan, or work assistance funds; or
    (V) such institution or an owner, director, or officer of such institution has unpaid financial liabilities involving the improper acquisition, expenditure, or refund of State or Federal financial assistance funds;
    except that, if a guaranty agency limits, suspends, or terminates the participation of an eligible institution, the Secretary shall apply that limitation, suspension, or termination to all locations of such institution, unless the Secretary finds, within 30 days of notification of the action by the guaranty agency, that the guaranty agency’s action did not comply with the requirements of this section;
    (U) provides (i) for the eligibility of all lenders described in section 1085(d)(1) of this title under reasonable criteria, unless (I) that lender is eliminated as a lender under regulations for the emergency action, limitation, suspension, or termination of a lender under the Federal student loan insurance program or is eliminated as a lender pursuant to criteria issued under the student loan insurance program which are substantially the same as regulations with respect to such eligibility as a lender issued under the Federal student loan insurance program, or (II) there is a State constitutional prohibition affecting the eligibility of a lender, (ii) assurances that the guaranty agency will report to the Secretary concerning changes in such criteria, including any procedures in effect under such program to take emergency action, limit, suspend, or terminate lenders, and (iii) for (I) a compliance audit of each lender that originates or holds more than $5,000,000 in loans made under this subchapter for any lender fiscal year (except that each lender described in section 1085(d)(1)(A)(ii)(III) of this title shall annually submit the results of an audit required by this clause), at least once a year and covering the period since the most recent audit, conducted by a qualified, independent organization or person in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Secretary, or (II) with regard to a lender that is audited under chapter 75 of title 31, such audit shall be deemed to satisfy the requirements of subclause (I) for the period covered by such audit, except that the Secretary may waive the requirements of this clause (iii) if the lender submits to the Secretary the results of an audit conducted for other purposes that the Secretary determines provides the same information as the audits required by this clause;
    (V) provides authority for the guaranty agency to require a participation agreement between the guaranty agency and each eligible institution within the State in which it is designated, as a condition for guaranteeing loans made on behalf of students attending the institution;
    (W) provides assurances that the agency will implement all requirements of the Secretary for uniform claims and procedures pursuant to section 1082(l) of this title;
    (X) provides information to the Secretary in accordance with subsection (c)(9) and maintains reserve funds determined by the Secretary to be sufficient in relation to such agency’s guarantee obligations; and
    (Y) provides that—
    (i) the lender shall determine the eligibility of a borrower for a deferment described in subparagraph (M)(i) based on—
    (I) receipt of a request for deferment from the borrower and documentation of the borrower’s eligibility for the deferment;
    (II) receipt of a newly completed loan application that documents the borrower’s eligibility for a deferment;
    (III) receipt of student status information documenting that the borrower is enrolled on at least a half-time basis; or
    (IV) the lender’s confirmation of the borrower’s half-time enrollment status through use of the National Student Loan Data System, if the confirmation is requested by the institution of higher education;
    (ii) the lender will notify the borrower of the granting of any deferment under clause (i)(II) or (III) of this subparagraph and of the option to continue paying on the loan; and
    (iii) the lender shall, at the time the lender grants a deferment to a borrower who received a loan under section 1078–8 of this title and is eligible for a deferment under subparagraph (M) of this paragraph, provide information to the borrower to assist the borrower in understanding the impact of the capitalization of interest on the borrower’s loan principal and on the total amount of interest to be paid during the life of the loan.
  • 20 U.S.C. § 1078(b)(1)(A)
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    (A) authorizes the insurance in any academic year, as defined in section 1088(a)(2) of this title, or its equivalent (as determined under regulations of the Secretary) for any student who is carrying at an eligible institution or in a program of study abroad approved for credit by the eligible home institution at which such student is enrolled at least one-half the normal full-time academic workload (as determined by the institution) in any amount up to a maximum of—
    (i) in the case of a student at an eligible institution who has not successfully completed the first year of a program of undergraduate education—
    (I) $3,500, if such student is enrolled in a program whose length is at least one academic year in length; and
    (II) if such student is enrolled in a program of undergraduate education which is less than 1 academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause (I) as the length of such program measured in semester, trimester, quarter, or clock hours bears to 1 academic year;
    (ii) in the case of a student at an eligible institution who has successfully completed such first year but has not successfully completed the remainder of a program of undergraduate education—
    (I) $4,500; or
    (II) if such student is enrolled in a program of undergraduate education, the remainder of which is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause (I) as such remainder measured in semester, trimester, quarter, or clock hours bears to one academic year;
    (iii) in the case of a student at an eligible institution who has successfully completed the first and second years of a program of undergraduate education but has not successfully completed the remainder of such program—
    (I) $5,500; or
    (II) if such student is enrolled in a program of undergraduate education, the remainder of which is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause (I) as such remainder measured in semester, trimester, quarter, or clock hours bears to one academic year;
    (iv) in the case of a student who has received an associate or baccalaureate degree and is enrolled in an eligible program for which the institution requires such degree for admission, the number of years that a student has completed in a program of undergraduate education shall, for the purposes of clauses (ii) and (iii), include any prior enrollment in the eligible program of undergraduate education for which the student was awarded such degree;
    (v) in the case of a graduate or professional student (as defined in regulations of the Secretary) at an eligible institution, $8,500; and
    (vi) in the case of a student enrolled in coursework specified in sections 1091(b)(3)(B) and 1091(b)(4)(B) of this title—
    (I) $2,625 for coursework necessary for enrollment in an undergraduate degree or certificate program, and, in the case of a student who has obtained a baccalaureate degree, $5,500 for coursework necessary for enrollment in a graduate or professional degree or certification program; and
    (II) in the case of a student who has obtained a baccalaureate degree, $5,500 for coursework necessary for a professional credential or certification from a State required for employment as a teacher in an elementary school or secondary school;
    except in cases where the Secretary determines, pursuant to regulations, that a higher amount is warranted in order to carry out the purpose of this part with respect to students engaged in specialized training requiring exceptionally high costs of education, but the annual insurable limit per student shall not be deemed to be exceeded by a line of credit under which actual payments by the lender to the borrower will not be made in any years in excess of the annual limit;
  • 20 U.S.C. § 1078(b)(1)(A)(v)
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    (v) in the case of a graduate or professional student (as defined in regulations of the Secretary) at an eligible institution, $8,500; and
  • 20 U.S.C. § 1078(b)(1)(B)
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    (B) provides that the aggregate insured unpaid principal amount for all such insured loans made to any student shall be any amount up to a maximum of—
    (i) $23,000, in the case of any student who has not successfully completed a program of undergraduate education, excluding loans made under section 1078–11 or 1078–2 of this title; and
    (ii) $65,500, in the case of any graduate or professional student (as defined by regulations of the Secretary), and (I) including any loans which are insured by the Secretary under this section, or by a guaranty agency, made to such student before the student became a graduate or professional student, but (II) excluding loans made under section 1078–11 or 1078–2 of this title,
    except that the Secretary may increase the limit applicable to students who are pursuing programs which the Secretary determines are exceptionally expensive;
  • 20 U.S.C. § 1078(b)(1)(B)(ii)
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    (ii) $65,500, in the case of any graduate or professional student (as defined by regulations of the Secretary), and (I) including any loans which are insured by the Secretary under this section, or by a guaranty agency, made to such student before the student became a graduate or professional student, but (II) excluding loans made under section 1078–11 or 1078–2 of this title,
  • 20 U.S.C. § 1078(b)(1)(C)
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    (C) authorizes the insurance of loans to any individual student for at least 6 academic years of study or their equivalent (as determined under regulations of the Secretary);
  • 20 U.S.C. § 1078(b)(1)(D)
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    (D) provides that (i) the student borrower shall be entitled to accelerate without penalty the whole or any part of an insured loan, (ii) the student borrower may annually change the selection of a repayment plan under this part, and (iii) the note, or other written evidence of any loan, may contain such reasonable provisions relating to repayment in the event of default by the borrower as may be authorized by regulations of the Secretary in effect at the time such note or written evidence was executed, and shall contain a notice that repayment may, following a default by the borrower, be subject to income contingent repayment in accordance with subsection (m);
  • 20 U.S.C. § 1078(b)(1)(E)(i)
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    (i) not more than 6 months prior to the date on which the borrower’s first payment is due, the lender shall offer the borrower of a loan made, insured, or guaranteed under this section or section 1078–8 of this title, the option of repaying the loan in accordance with a standard, graduated, income-sensitive, or extended repayment schedule (as described in paragraph (9)) established by the lender in accordance with regulations of the Secretary; and
  • 20 U.S.C. § 1078(b)(1)(M)
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    (M) provides that periodic installments of principal need not be paid, but interest shall accrue and be paid by the Secretary, during any period—
    (i) during which the borrower—
    (I) is pursuing at least a half-time course of study as determined by an eligible institution, except that no borrower, notwithstanding the provisions of the promissory note, shall be required to borrow an additional loan under this subchapter in order to be eligible to receive a deferment under this clause; or
    (II) is pursuing a course of study pursuant to a graduate fellowship program approved by the Secretary, or pursuant to a rehabilitation training program for disabled individuals approved by the Secretary,
    except that no borrower shall be eligible for a deferment under this clause, or loan made under this part (other than a loan made under section 1078–2 or 1078–3 of this title), while serving in a medical internship or residency program;
    (ii) not in excess of 3 years during which the borrower is seeking and unable to find full-time employment, except that no borrower who provides evidence of eligibility for unemployment benefits shall be required to provide additional paperwork for a deferment under this clause;
    (iii) during which the borrower—
    (I) is serving on active duty during a war or other military operation or national emergency; or
    (II) is performing qualifying National Guard duty during a war or other military operation or national emergency,
    and for the 180-day period following the demobilization date for the service described in subclause (I) or (II);
    (iv) not in excess of 3 years for any reason which the lender determines, in accordance with regulations prescribed by the Secretary under section 1085(o) of this title, has caused or will cause the borrower to have an economic hardship; or
    (v) during which the borrower is receiving treatment for cancer and the 6 months after such period;
  • 20 U.S.C. § 1078(b)(1)(M)(i)(II)
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    (II) is pursuing a course of study pursuant to a graduate fellowship program approved by the Secretary, or pursuant to a rehabilitation training program for disabled individuals approved by the Secretary,
  • 20 U.S.C. § 1078(b)(1)(M)(iv)
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    (iv) not in excess of 3 years for any reason which the lender determines, in accordance with regulations prescribed by the Secretary under section 1085(o) of this title, has caused or will cause the borrower to have an economic hardship; or
  • 20 U.S.C. § 1078(b)(1)(T)
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    (T) authorizes (i) the limitation of the total number of loans or volume of loans, made under this part to students attending a particular eligible institution during any academic year; and (ii) the limitation, suspension, or termination of the eligibility of an eligible institution if—
    (I) such institution is ineligible for the emergency action, limitation, suspension, or termination of eligible institutions under regulations issued by the Secretary or is ineligible pursuant to criteria, rules, or regulations issued under the student loan insurance program which are substantially the same as regulations with respect to emergency action, limitation, suspension, or termination of such eligibility issued by the Secretary;
    (II) there is a State constitutional prohibition affecting the eligibility of such an institution;
    (III) such institution fails to make timely refunds to students as required by regulations issued by the Secretary or has not satisfied within 30 days of issuance a final judgment obtained by a student seeking such a refund;
    (IV) such institution or an owner, director, or officer of such institution is found guilty in any criminal, civil, or administrative proceeding, or such institution or an owner, director, or officer of such institution is found liable in any civil or administrative proceeding, regarding the obtaining, maintenance, or disbursement of State or Federal grant, loan, or work assistance funds; or
    (V) such institution or an owner, director, or officer of such institution has unpaid financial liabilities involving the improper acquisition, expenditure, or refund of State or Federal financial assistance funds;
    except that, if a guaranty agency limits, suspends, or terminates the participation of an eligible institution, the Secretary shall apply that limitation, suspension, or termination to all locations of such institution, unless the Secretary finds, within 30 days of notification of the action by the guaranty agency, that the guaranty agency’s action did not comply with the requirements of this section;
  • 20 U.S.C. § 1078(b)(1)(T)(I)
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    (I) such institution is ineligible for the emergency action, limitation, suspension, or termination of eligible institutions under regulations issued by the Secretary or is ineligible pursuant to criteria, rules, or regulations issued under the student loan insurance program which are substantially the same as regulations with respect to emergency action, limitation, suspension, or termination of such eligibility issued by the Secretary;
  • 20 U.S.C. § 1078(b)(1)(T)(III)
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    (III) such institution fails to make timely refunds to students as required by regulations issued by the Secretary or has not satisfied within 30 days of issuance a final judgment obtained by a student seeking such a refund;
  • 20 U.S.C. § 1078(b)(1)(U)
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    (U) provides (i) for the eligibility of all lenders described in section 1085(d)(1) of this title under reasonable criteria, unless (I) that lender is eliminated as a lender under regulations for the emergency action, limitation, suspension, or termination of a lender under the Federal student loan insurance program or is eliminated as a lender pursuant to criteria issued under the student loan insurance program which are substantially the same as regulations with respect to such eligibility as a lender issued under the Federal student loan insurance program, or (II) there is a State constitutional prohibition affecting the eligibility of a lender, (ii) assurances that the guaranty agency will report to the Secretary concerning changes in such criteria, including any procedures in effect under such program to take emergency action, limit, suspend, or terminate lenders, and (iii) for (I) a compliance audit of each lender that originates or holds more than $5,000,000 in loans made under this subchapter for any lender fiscal year (except that each lender described in section 1085(d)(1)(A)(ii)(III) of this title shall annually submit the results of an audit required by this clause), at least once a year and covering the period since the most recent audit, conducted by a qualified, independent organization or person in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Secretary, or (II) with regard to a lender that is audited under chapter 75 of title 31, such audit shall be deemed to satisfy the requirements of subclause (I) for the period covered by such audit, except that the Secretary may waive the requirements of this clause (iii) if the lender submits to the Secretary the results of an audit conducted for other purposes that the Secretary determines provides the same information as the audits required by this clause;
  • 20 U.S.C. § 1078(b)(1)(W)
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    (W) provides assurances that the agency will implement all requirements of the Secretary for uniform claims and procedures pursuant to section 1082(l) of this title;
  • 20 U.S.C. § 1078(b)(1)(X)
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    (X) provides information to the Secretary in accordance with subsection (c)(9) and maintains reserve funds determined by the Secretary to be sufficient in relation to such agency’s guarantee obligations; and
  • 20 U.S.C. § 1078(b)(2)(A)
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    (A) provide that the holder of any such loan will be required to submit to the Secretary, at such time or times and in such manner as the Secretary may prescribe, statements containing such information as may be required by or pursuant to regulation for the purpose of enabling the Secretary to determine the amount of the payment which must be made with respect to that loan;
  • 20 U.S.C. § 1078(b)(2)(B)
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    (B) include such other provisions as may be necessary to protect the United States from the risk of unreasonable loss and promote the purpose of this part, including such provisions as may be necessary for the purpose of section 1087 of this title, and as are agreed to by the Secretary and the guaranty agency, as the case may be;
  • 20 U.S.C. § 1078(b)(2)(C)
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    (C) provide for making such reports, in such form and containing such information, including financial information, as the Secretary may reasonably require to carry out the Secretary’s functions under this part and protect the financial interest of the United States, and for keeping such records and for affording such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports;
  • 20 U.S.C. § 1078(b)(2)(D)(i)
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    (i) conducting, except as provided in clause (ii), financial and compliance audits of the guaranty agency on at least an annual basis and covering the period since the most recent audit, conducted by a qualified, independent organization or person in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Secretary; or
  • 20 U.S.C. § 1078(b)(4)
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    (4) With respect to the graduate fellowship program referred to in paragraph (1)(M)(i)(II), the Secretary shall approve any course of study at a foreign university that is accepted for the completion of a recognized international fellowship program by the administrator of such a program. Requests for deferment of repayment of loans under this part by students engaged in graduate or postgraduate fellowship-supported study (such as pursuant to a Fulbright grant) outside the United States shall be approved until completion of the period of the fellowship.
  • 20 U.S.C. § 1078(b)(5)(A)
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    (A) Until such time as the Secretary has implemented section 1092b of this title and is able to provide to guaranty agencies the information required by such section, any guaranty agency may request information regarding loans made after January 1, 1987, to students who are residents of the State for which the agency is the designated guarantor, from any other guaranty agency insuring loans to such students.
  • 20 U.S.C. § 1078(b)(8)
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    (8) Nothing in this subchapter shall be interpreted to prohibit the disbursement of loan proceeds by means other than by check or to allow the Secretary to require checks to be made co-payable to the institution and the borrower.
  • 20 U.S.C. § 1078(b)(9)(A)
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    (A) In accordance with regulations promulgated by the Secretary, the lender shall offer a borrower of a loan made under this part the plans described in this subparagraph for repayment of such loan, including principal and interest thereon. No plan may require a borrower to repay a loan in less than 5 years unless the borrower, during the 6 months immediately preceding the start of the repayment period, specifically requests that repayment be made over of3 a shorter period. The borrower may choose from—
    (i) a standard repayment plan, with a fixed annual repayment amount paid over a fixed period of time, not to exceed 10 years;
    (ii) a graduated repayment plan paid over a fixed period of time, not to exceed 10 years;
    (iii) an income-sensitive repayment plan, with income-sensitive repayment amounts paid over a fixed period of time, not to exceed 10 years, except that the borrower’s scheduled payments shall not be less than the amount of interest due;
    (iv) for new borrowers on or after October 7, 1998, who accumulate (after October 7, 1998) outstanding loans under this part totaling more than $30,000, an extended repayment plan, with a fixed annual or graduated repayment amount paid over an extended period of time, not to exceed 25 years, except that the borrower shall repay annually a minimum amount determined in accordance with paragraph (1)(L)(i); and
    (v) beginning July 1, 2009, an income-based repayment plan that enables a borrower to make a lower monthly payment in accordance with section 1098e of this title, except that the plan described in this clause shall not be available to a borrower for a loan under section 1078–2 of this title made on behalf of a dependent student or for a consolidation loan under section 1078–3 of this title, if the proceeds of such loan were used to discharge the liability of a loan under section 1078–2 of this title made on behalf of a dependent student.
  • 20 U.S.C. § 1078(c)(1)(A)
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    (A) The Secretary may enter into a guaranty agreement with any guaranty agency, whereby the Secretary shall undertake to reimburse it, under such terms and conditions as the Secretary may establish, with respect to losses (resulting from the default of the student borrower) on the unpaid balance of the principal and accrued interest of any insured loan. The guaranty agency shall be deemed to have a contractual right against the United States, during the life of such loan, to receive reimbursement according to the provisions of this subsection. Upon receipt of an accurate and complete request by a guaranty agency for reimbursement with respect to such losses, the Secretary shall pay promptly and without administrative delay. Except as provided in subparagraph (B) of this paragraph and in paragraph (7), the amount to be paid a guaranty agency as reimbursement under this subsection shall be equal to 100 percent of the amount expended by it in discharge of its insurance obligation incurred under its loan insurance program. A guaranty agency shall file a claim for reimbursement with respect to losses under this subsection within 30 days after the guaranty agency discharges its insurance obligation on the loan.
  • 20 U.S.C. § 1078(c)(1)(B)(i)
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    (i) if, for any fiscal year, the amount of such reimbursement payments by the Secretary under this subsection exceeds 5 percent of the loans which are insured by such guaranty agency under such program and which were in repayment at the end of the preceding fiscal year, the amount to be paid as reimbursement under this subsection for such excess shall be equal to 85 percent of the amount of such excess; and
  • 20 U.S.C. § 1078(c)(1)(D)
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    (D) Notwithstanding any other provisions of this section, in the case of a loan made pursuant to a lender-of-last-resort program, the Secretary shall apply the provisions of—
    (i) the fourth sentence of subparagraph (A) by substituting “100 percent” for “95 percent”;1
    (ii) subparagraph (B)(i) by substituting “100 percent” for “85 percent”; and
    (iii) subparagraph (B)(ii) by substituting “100 percent” for “75 percent”.
  • 20 U.S.C. § 1078(c)(1)(E)
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    (E) Notwithstanding any other provisions of this section, in the case of an outstanding loan transferred to a guaranty agency from another guaranty agency pursuant to a plan approved by the Secretary in response to the insolvency of the latter such guarantee agency, the Secretary shall apply the provision of—
    (i) the fourth sentence of subparagraph (A) by substituting “100 percent” for “95 percent”;1
    (ii) subparagraph (B)(i) by substituting “90 percent” for “85 percent”; and
    (iii) subparagraph (B)(ii) by substituting “80 percent” for “75 percent”.
  • 20 U.S.C. § 1078(c)(1)(F)(i)
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    (i) Notwithstanding any other provisions of this section, in the case of exempt claims, the Secretary shall apply the provisions of—
    (I) the fourth sentence of subparagraph (A) by substituting “100 percent” for “95 percent”;1
    (II) subparagraph (B)(i) by substituting “100 percent” for “85 percent”; and
    (III) subparagraph (B)(ii) by substituting “100 percent” for “75 percent”.
  • 20 U.S.C. § 1078(c)(1)(G)
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    (G) Notwithstanding any other provision of this section, the Secretary shall exclude a loan made pursuant to a lender-of-last-resort program when making reimbursement payment calculations under subparagraphs (B) and (C).
  • 20 U.S.C. § 1078(c)(2)(B)
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    (B) shall provide for making such reports, in such form and containing such information, as the Secretary may reasonably require to carry out the Secretary’s functions under this subsection, and for keeping such records and for affording such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports;
  • 20 U.S.C. § 1078(c)(2)(C)
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    (C) shall set forth adequate assurances that, with respect to so much of any loan insured under the loan insurance program as may be guaranteed by the Secretary pursuant to this subsection, the undertaking of the Secretary under the guaranty agreement is acceptable in full satisfaction of State law or regulation requiring the maintenance of a reserve;
  • 20 U.S.C. § 1078(c)(2)(D)
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    (D) shall provide that if, after the Secretary has made payment under the guaranty agreement pursuant to paragraph (1) of this subsection with respect to any loan, any payments are made in discharge of the obligation incurred by the borrower with respect to such loan (including any payments of interest accruing on such loan after such payment by the Secretary), there shall be paid over to the Secretary (for deposit in the fund established by section 1081 of this title) such proportion of the amounts of such payments as is determined (in accordance with paragraph (6)(A)) to represent his equitable share thereof, but (i) shall provide for subrogation of the United States to the rights of any insurance beneficiary only to the extent required for the purpose of paragraph (8); and (ii) except as the Secretary may otherwise by or pursuant to regulation provide, amounts so paid by a borrower on such a loan shall be first applied in reduction of principal owing on such loan;
  • 20 U.S.C. § 1078(c)(2)(G)
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    (G) shall prohibit the Secretary from making any reimbursement under this subsection to a guaranty agency when a default claim is based on an inability to locate the borrower, unless the guaranty agency, at the time of filing for reimbursement, certifies to the Secretary that diligent attempts, including contact with the institution, have been made to locate the borrower through the use of reasonable skip-tracing techniques in accordance with regulations prescribed by the Secretary; and
  • 20 U.S.C. § 1078(c)(3)
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    (3) A guaranty agreement under this subsection—
    (A) shall contain provisions providing that—
    (i) upon request, a lender shall grant a borrower forbearance, renewable at 12-month intervals, on terms agreed to by the parties to the loan with the approval of the insurer and documented in accordance with paragraph (10), and otherwise consistent with the regulations of the Secretary, if the borrower—
    (I) is serving in a medical or dental internship or residency program, the successful completion of which is required to begin professional practice or service, or is serving in a medical or dental internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital, or a health care facility that offers postgraduate training, provided that if the borrower qualifies for a deferment under section 1077(a)(2)(C)(vii) of this title or subsection (b)(1)(M)(vii) of this section as in effect prior to the enactment of the Higher Education Amendments of 1992, or section 1077(a)(2)(C) of this title or subsection (b)(1)(M) of this section as amended by such amendments, the borrower has exhausted his or her eligibility for such deferment;
    (II) has a debt burden under this subchapter that equals or exceeds 20 percent of income;
    (III) is serving in a national service position for which the borrower receives a national service educational award under the National and Community Service Trust Act of 1993; or
    (IV) is eligible for interest payments to be made on such loan for service in the Armed Forces under section 2174 of title 10, and, pursuant to that eligibility, the interest is being paid on such loan under subsection (o);
    (ii) the length of the forbearance granted by the lender—
    (I) under clause (i)(I) shall equal the length of time remaining in the borrower’s medical or dental internship or residency program, if the borrower is not eligible to receive a deferment described in such clause, or such length of time remaining in the program after the borrower has exhausted the borrower’s eligibility for such deferment;
    (II) under clause (i)(II) or (IV) shall not exceed 3 years; or
    (III) under clause (i)(III) shall not exceed the period for which the borrower is serving in a position described in such clause; and
    (iii) no administrative or other fee may be charged in connection with the granting of a forbearance under clause (i), and no adverse information regarding a borrower may be reported to a consumer reporting agency solely because of the granting of such forbearance;
    (B) may, to the extent provided in regulations of the Secretary, contain provisions that permit such forbearance for the benefit of the student borrower as may be agreed upon by the parties to an insured loan and approved by the insurer;
    (C) shall contain provisions that specify that—
    (i) the form of forbearance granted by the lender pursuant to this paragraph, other than subparagraph (A)(i)(IV), shall be temporary cessation of payments, unless the borrower selects forbearance in the form of an extension of time for making payments, or smaller payments than were previously scheduled;
    (ii) the form of forbearance granted by the lender pursuant to subparagraph (A)(i)(IV) shall be the temporary cessation of all payments on the loan other than payments of interest on the loan that are made under subsection (o);
    (iii) the lender shall, at the time of granting a borrower forbearance, provide information to the borrower to assist the borrower in understanding the impact of capitalization of interest on the borrower’s loan principal and total amount of interest to be paid during the life of the loan; and
    (iv) the lender shall contact the borrower not less often than once every 180 days during the period of forbearance to inform the borrower of—
    (I) the amount of unpaid principal and the amount of interest that has accrued since the last statement of such amounts provided to the borrower by the lender;
    (II) the fact that interest will accrue on the loan for the period of forbearance;
    (III) the amount of interest that will be capitalized, and the date on which capitalization will occur;
    (IV) the option of the borrower to pay the interest that has accrued before the interest is capitalized; and
    (V) the borrower’s option to discontinue the forbearance at any time; and
    (D) shall contain provisions that specify that—
    (i) forbearance for a period not to exceed 60 days may be granted if the lender reasonably determines that such a suspension of collection activity is warranted following a borrower’s request for deferment, forbearance, a change in repayment plan, or a request to consolidate loans, in order to collect or process appropriate supporting documentation related to the request, and
    (ii) during such period interest shall accrue but not be capitalized.
    Guaranty agencies shall not be precluded from permitting the parties to such a loan from entering into a forbearance agreement solely because the loan is in default. The Secretary shall permit lenders to exercise administrative forbearances that do not require the agreement of the borrower, under conditions authorized by the Secretary. Such forbearances shall include (i) forbearances for borrowers who are delinquent at the time of the granting of an authorized period of deferment under subsection (b)(1)(M) or section 1077(a)(2)(C) of this title, and (ii) if the borrower is less than 60 days delinquent on such loans at the time of sale or transfer, forbearances for borrowers on loans which are sold or transferred.
  • 20 U.S.C. § 1078(c)(3)(A)(i)
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    (i) upon request, a lender shall grant a borrower forbearance, renewable at 12-month intervals, on terms agreed to by the parties to the loan with the approval of the insurer and documented in accordance with paragraph (10), and otherwise consistent with the regulations of the Secretary, if the borrower—
    (I) is serving in a medical or dental internship or residency program, the successful completion of which is required to begin professional practice or service, or is serving in a medical or dental internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital, or a health care facility that offers postgraduate training, provided that if the borrower qualifies for a deferment under section 1077(a)(2)(C)(vii) of this title or subsection (b)(1)(M)(vii) of this section as in effect prior to the enactment of the Higher Education Amendments of 1992, or section 1077(a)(2)(C) of this title or subsection (b)(1)(M) of this section as amended by such amendments, the borrower has exhausted his or her eligibility for such deferment;
    (II) has a debt burden under this subchapter that equals or exceeds 20 percent of income;
    (III) is serving in a national service position for which the borrower receives a national service educational award under the National and Community Service Trust Act of 1993; or
    (IV) is eligible for interest payments to be made on such loan for service in the Armed Forces under section 2174 of title 10, and, pursuant to that eligibility, the interest is being paid on such loan under subsection (o);
  • 20 U.S.C. § 1078(c)(3)(B)
    Go to provision →
    (B) may, to the extent provided in regulations of the Secretary, contain provisions that permit such forbearance for the benefit of the student borrower as may be agreed upon by the parties to an insured loan and approved by the insurer;
  • 20 U.S.C. § 1078(c)(5)
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    (5) In the case of any guaranty agreement with a guaranty agency, the Secretary may, in accordance with the terms of this subsection, undertake to guarantee loans described in paragraph (1) which are insured by such guaranty agency and are outstanding on the date of execution of the guaranty agreement, but only with respect to defaults occurring after the execution of such guaranty agreement or, if later, after its effective date.
  • 20 U.S.C. § 1078(c)(6)(A)
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    (A) For the purpose of paragraph (2)(D), the Secretary’s equitable share of payments made by the borrower shall be that portion of the payments remaining after the guaranty agency with which the Secretary has an agreement under this subsection has deducted from such payments—
    (i) a percentage amount equal to the complement of the reinsurance percentage in effect when payment under the guaranty agreement was made with respect to the loan; and
    (ii) an amount equal to 24 percent of such payments for use in accordance with section 1072b of this title, except that—
    (I) beginning October 1, 2003 and ending September 30, 2007, this clause shall be applied by substituting “23 percent” for “24 percent”; and
    (II) beginning October 1, 2007, this clause shall be applied by substituting “16 percent” for “24 percent”.
  • 20 U.S.C. § 1078(c)(6)(B)(i)(II)
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    (II) remit to the Secretary a portion of the collection charge under subclause (I) equal to 8.5 percent of the outstanding principal and interest of such defaulted loan; and
  • 20 U.S.C. § 1078(c)(6)(B)(ii)
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    (ii) on and after October 1, 2009, remit to the Secretary the entire amount charged under clause (i)(I) with respect to each defaulted loan that is paid off with excess consolidation proceeds.
  • 20 U.S.C. § 1078(c)(7)(B)
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    (B) Notwithstanding the provisions of paragraph (1)(C), the Secretary may pay a guaranty agency 100 percent of the amount expended by such agency in discharge of such agency’s insurance obligation for any fiscal year which—
    (i) begins on or after October 1, 1991; and
    (ii) is the fiscal year in which such guaranty agency begins to actively carry on a student loan insurance program which is subject to a guaranty agreement under subsection (b) or is one of the 4 succeeding fiscal years.
  • 20 U.S.C. § 1078(c)(7)(C)
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    (C) The Secretary shall continuously monitor the operations of those guaranty agencies to which the provisions of subparagraph (A) or (B) are applicable and revoke the application of such subparagraph to any such guaranty agency which the Secretary determines has not exercised reasonable prudence in the administration of such program.
  • 20 U.S.C. § 1078(c)(8)
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    (8) If the Secretary determines that the protection of the Federal fiscal interest so requires, a guaranty agency shall assign to the Secretary any loan of which it is the holder and for which the Secretary has made a payment pursuant to paragraph (1) of this subsection.
  • 20 U.S.C. § 1078(c)(9)(A)
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    (A) Each guaranty agency which has entered into an agreement with the Secretary pursuant to this subsection shall maintain in the agency’s Federal Student Loan Reserve Fund established under section 1072a of this title a current minimum reserve level of at least 0.25 percent of the total attributable amount of all outstanding loans guaranteed by such agency. For purposes of this paragraph, such total attributable amount does not include amounts of outstanding loans transferred to the guaranty agency from another guaranty agency pursuant to a plan of the Secretary in response to the insolvency of the latter such guaranty agency.
  • 20 U.S.C. § 1078(c)(9)(B)
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    (B) The Secretary shall collect, on an annual basis, information from each guaranty agency having an agreement under this subsection to enable the Secretary to evaluate the financial solvency of each such agency. The information collected shall include the level of such agency’s current reserves, cash disbursements and accounts receivable.
  • 20 U.S.C. § 1078(c)(9)(C)
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    (C) If (i) any guaranty agency falls below the required minimum reserve level in any 2 consecutive years, (ii) any guaranty agency’s Federal reimbursement payments are reduced to 85 percent pursuant to paragraph (1)(B)(i), or (iii) the Secretary determines that the administrative or financial condition of a guaranty agency jeopardizes such agency’s continued ability to perform its responsibilities under its guaranty agreement, then the Secretary shall require the guaranty agency to submit and implement a management plan acceptable to the Secretary within 45 working days of any such event.
  • 20 U.S.C. § 1078(c)(9)(D)(i)
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    (i) If the Secretary is not seeking to terminate the guaranty agency’s agreement under subparagraph (E), or assuming the guaranty agency’s functions under subparagraph (F), a management plan described in subparagraph (C) shall include the means by which the guaranty agency will improve its financial and administrative condition to the required level within 18 months.
  • 20 U.S.C. § 1078(c)(9)(D)(ii)
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    (ii) If the Secretary is seeking to terminate the guaranty agency’s agreement under subparagraph (E), or assuming the guaranty agency’s functions under subparagraph (F), a management plan described in subparagraph (C) shall include the means by which the Secretary and the guaranty agency shall work together to ensure the orderly termination of the operations, and liquidation of the assets, of the guaranty agency.
  • 20 U.S.C. § 1078(c)(9)(E)
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    (E) The Secretary may terminate a guaranty agency’s agreement in accordance with subparagraph (F) if—
    (i) a guaranty agency required to submit a management plan under this paragraph fails to submit a plan that is acceptable to the Secretary;
    (ii) the Secretary determines that a guaranty agency has failed to improve substantially its administrative and financial condition;
    (iii) the Secretary determines that the guaranty agency is in danger of financial collapse;
    (iv) the Secretary determines that such action is necessary to protect the Federal fiscal interest; or
    (v) the Secretary determines that such action is necessary to ensure the continued availability of loans to student or parent borrowers.
  • 20 U.S.C. § 1078(c)(9)(E)(i)
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    (i) a guaranty agency required to submit a management plan under this paragraph fails to submit a plan that is acceptable to the Secretary;
  • 20 U.S.C. § 1078(c)(9)(E)(ii)
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    (ii) the Secretary determines that a guaranty agency has failed to improve substantially its administrative and financial condition;
  • 20 U.S.C. § 1078(c)(9)(E)(iii)
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    (iii) the Secretary determines that the guaranty agency is in danger of financial collapse;
  • 20 U.S.C. § 1078(c)(9)(E)(iv)
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    (iv) the Secretary determines that such action is necessary to protect the Federal fiscal interest; or
  • 20 U.S.C. § 1078(c)(9)(E)(v)
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    (v) the Secretary determines that such action is necessary to ensure the continued availability of loans to student or parent borrowers.
  • 20 U.S.C. § 1078(c)(9)(F)
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    (F) If a guaranty agency’s agreement under this subsection is terminated pursuant to subparagraph (E), then the Secretary shall assume responsibility for all functions of the guaranty agency under the loan insurance program of such agency. In performing such functions the Secretary is authorized to—
    (i) permit the transfer of guarantees to another guaranty agency;
    (ii) revoke the reinsurance agreement of the guaranty agency at a specified date, so as to require the merger, consolidation, or termination of the guaranty agency;
    (iii) transfer guarantees to the Department of Education for the purpose of payment of such claims and process such claims using the claims standards of the guaranty agency, if such standards are determined by the Secretary to be in compliance with this chapter;
    (iv) design and implement a plan to restore the guaranty agency’s viability;
    (v) provide the guaranty agency with additional advance funds in accordance with section 1072(c)(7) of this title, with such restrictions on the use of such funds as is determined appropriate by the Secretary, in order to—
    (I) meet the immediate cash needs of the guaranty agency;
    (II) ensure the uninterrupted payment of claims; or
    (III) ensure that the guaranty agency will make loans as the lender-of-last-resort, in accordance with subsection (j);
    (vi) use all funds and assets of the guaranty agency to assist in the activities undertaken in accordance with this subparagraph and take appropriate action to require the return, to the guaranty agency or the Secretary, of any funds or assets provided by the guaranty agency, under contract or otherwise, to any person or organization; or
    (vii) take any other action the Secretary determines necessary to ensure the continued availability of loans made under this part to residents of the State or States in which the guaranty agency did business, the full honoring of all guarantees issued by the guaranty agency prior to the Secretary’s assumption of the functions of such agency, and the proper servicing of loans guaranteed by the guaranty agency prior to the Secretary’s assumption of the functions of such agency, and to avoid disruption of the student loan program.
  • 20 U.S.C. § 1078(c)(9)(F)(iii)
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    (iii) transfer guarantees to the Department of Education for the purpose of payment of such claims and process such claims using the claims standards of the guaranty agency, if such standards are determined by the Secretary to be in compliance with this chapter;
  • 20 U.S.C. § 1078(c)(9)(F)(v)
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    (v) provide the guaranty agency with additional advance funds in accordance with section 1072(c)(7) of this title, with such restrictions on the use of such funds as is determined appropriate by the Secretary, in order to—
    (I) meet the immediate cash needs of the guaranty agency;
    (II) ensure the uninterrupted payment of claims; or
    (III) ensure that the guaranty agency will make loans as the lender-of-last-resort, in accordance with subsection (j);
  • 20 U.S.C. § 1078(c)(9)(F)(vi)
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    (vi) use all funds and assets of the guaranty agency to assist in the activities undertaken in accordance with this subparagraph and take appropriate action to require the return, to the guaranty agency or the Secretary, of any funds or assets provided by the guaranty agency, under contract or otherwise, to any person or organization; or
  • 20 U.S.C. § 1078(c)(9)(F)(vii)
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    (vii) take any other action the Secretary determines necessary to ensure the continued availability of loans made under this part to residents of the State or States in which the guaranty agency did business, the full honoring of all guarantees issued by the guaranty agency prior to the Secretary’s assumption of the functions of such agency, and the proper servicing of loans guaranteed by the guaranty agency prior to the Secretary’s assumption of the functions of such agency, and to avoid disruption of the student loan program.
  • 20 U.S.C. § 1078(c)(9)(G)
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    (G) Notwithstanding any other provision of Federal or State law, if the Secretary has terminated or is seeking to terminate a guaranty agency’s agreement under subparagraph (E), or has assumed a guaranty agency’s functions under subparagraph (F)—
    (i) no State court may issue any order affecting the Secretary’s actions with respect to such guaranty agency;
    (ii) any contract with respect to the administration of a guaranty agency’s reserve funds, or the administration of any assets purchased or acquired with the reserve funds of the guaranty agency, that is entered into or extended by the guaranty agency, or any other party on behalf of or with the concurrence of the guaranty agency, after August 10, 1993, shall provide that the contract is terminable by the Secretary upon 30 days notice to the contracting parties if the Secretary determines that such contract includes an impermissible transfer of the reserve funds or assets, or is otherwise inconsistent with the terms or purposes of this section; and
    (iii) no provision of State law shall apply to the actions of the Secretary in terminating the operations of a guaranty agency.
  • 20 U.S.C. § 1078(c)(9)(G)(i)
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    (i) no State court may issue any order affecting the Secretary’s actions with respect to such guaranty agency;
  • 20 U.S.C. § 1078(c)(9)(G)(ii)
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    (ii) any contract with respect to the administration of a guaranty agency’s reserve funds, or the administration of any assets purchased or acquired with the reserve funds of the guaranty agency, that is entered into or extended by the guaranty agency, or any other party on behalf of or with the concurrence of the guaranty agency, after August 10, 1993, shall provide that the contract is terminable by the Secretary upon 30 days notice to the contracting parties if the Secretary determines that such contract includes an impermissible transfer of the reserve funds or assets, or is otherwise inconsistent with the terms or purposes of this section; and
  • 20 U.S.C. § 1078(c)(9)(G)(iii)
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    (iii) no provision of State law shall apply to the actions of the Secretary in terminating the operations of a guaranty agency.
  • 20 U.S.C. § 1078(c)(9)(H)
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    (H) Notwithstanding any other provision of law, the Secretary’s liability for any outstanding liabilities of a guaranty agency (other than outstanding student loan guarantees under this part), the functions of which the Secretary has assumed, shall not exceed the fair market value of the reserves of the guaranty agency, minus any necessary liquidation or other administrative costs.
  • 20 U.S.C. § 1078(c)(9)(I)
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    (I) The Secretary shall not take any action under subparagraph (E) or (F) without giving the guaranty agency notice and the opportunity for a hearing that, if commenced after September 24, 1998, shall be on the record.
  • 20 U.S.C. § 1078(c)(9)(J)
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    (J) Notwithstanding any other provision of law, the information transmitted to the Secretary pursuant to this paragraph shall be confidential and exempt from disclosure under section 552 of title 5, relating to freedom of information, or any other Federal law.
  • 20 U.S.C. § 1078(c)(9)(K)
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    (K) The Secretary, within 6 months after the end of each fiscal year, shall submit to the authorizing committees a report specifying the Secretary’s assessment of the fiscal soundness of the guaranty agency system.
  • 20 U.S.C. § 1078(f)(1)(A)
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    (A) The Secretary—
    (i) for loans originated during fiscal years beginning on or after October 1, 1998, and before October 1, 2003, and in accordance with the provisions of this paragraph, shall, except as provided in subparagraph (C), pay to each guaranty agency, a loan processing and issuance fee equal to 0.65 percent of the total principal amount of the loans on which insurance was issued under this part during such fiscal year by such agency; and
    (ii) for loans originated on or after October 1, 2003, and first disbursed before July 1, 2010, and in accordance with the provisions of this paragraph, shall, except as provided in subparagraph (C), pay to each guaranty agency, a loan processing and issuance fee equal to 0.40 percent of the total principal amount of the loans on which insurance was issued under this part during such fiscal year by such agency.
  • 20 U.S.C. § 1078(g)
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    (g) If a nonprofit private institution or organization—
    (1) applies to enter into an agreement with the Secretary under subsections (b) and (c) with respect to a student loan insurance program to be carried on in a State with which the Secretary does not have an agreement under subsection (b), and
    (2) as provided in the application, undertakes to meet the requirements of section 1072(c)(6)(B)(i), (ii), and (iii) of this title,
    the Secretary shall consider and act upon such application within 180 days, and shall forthwith notify the authorizing committees of his actions.
  • 20 U.S.C. § 1078(g)(1)
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    (1) applies to enter into an agreement with the Secretary under subsections (b) and (c) with respect to a student loan insurance program to be carried on in a State with which the Secretary does not have an agreement under subsection (b), and
  • 20 U.S.C. § 1078(j)(2)(B)
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    (B) consistent with standards established by the Secretary, students applying for loans under this subsection shall not be subject to additional eligibility requirements or requests for additional information beyond what is required under this subchapter in order to receive a loan under this part from an eligible lender, nor, in the case of students and parents applying for loans under this subsection because of an inability to otherwise obtain loans under this part (except for consolidation loans under section 1078–3 of this title), be required to receive more than two rejections from eligible lenders in order to obtain a loan under this subsection;
  • 20 U.S.C. § 1078(j)(3)(A)
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    (A) In order to ensure the availability of loan capital, the Secretary is authorized to provide a guaranty agency designated for a State with additional advance funds in accordance with subparagraph (C) and section 1072(c)(7) of this title, with such restrictions on the use of such funds as are determined appropriate by the Secretary, in order to ensure that the guaranty agency will make loans as the lender-of-last-resort. Such agency shall make such loans in accordance with this subsection and the requirements of the Secretary.
  • 20 U.S.C. § 1078(j)(3)(B)
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    (B) Notwithstanding any other provision in this part, a guaranty agency serving as a lender-of-last-resort under this paragraph shall be paid a fee, established by the Secretary, for making such loans in lieu of interest and special allowance subsidies, and shall be required to assign such loans to the Secretary on demand. Upon such assignment, the portion of the advance represented by the loans assigned shall be considered repaid by such guaranty agency.
  • 20 U.S.C. § 1078(j)(3)(C)
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    (C) The Secretary shall exercise the authority described in subparagraph (A) only if the Secretary determines that eligible borrowers are seeking and are unable to obtain loans under this part or designates an institution of higher education for participation in the program under this subsection under paragraph (4), and that the guaranty agency designated for that State has the capability to provide lender-of-last-resort loans in a timely manner, in accordance with the guaranty agency’s obligations under paragraph (1), but cannot do so without advances provided by the Secretary under this paragraph. If the Secretary makes the determinations described in the preceding sentence and determines that it would be cost-effective to do so, the Secretary may provide advances under this paragraph to such guaranty agency. If the Secretary determines that such guaranty agency does not have such capability, or will not provide such loans in a timely fashion, the Secretary may provide such advances to enable another guaranty agency, that the Secretary determines to have such capability, to make lender-of-last-resort loans to eligible borrowers in that State who are experiencing loan access problems or to eligible borrowers who attend an institution in the State that is designated under paragraph (4).
  • 20 U.S.C. § 1078(j)(4)
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    (4) Upon the request of an institution of higher education and pursuant to standards developed by the Secretary, the Secretary shall designate such institution for participation in the lender-of-last-resort program under this paragraph.5 If the Secretary designates an institution under this paragraph, the guaranty agency designated for the State in which the institution is located shall make loans, in the same manner as such loans are made under paragraph (1), to students and parent borrowers of the designated institution, regardless of whether the students or parent borrowers are otherwise unable to obtain loans under this part (other than a consolidation loan under section 1078–3 of this title).
  • 20 U.S.C. § 1078(j)(5)
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    (5) In developing standards with respect to paragraph (4), the Secretary may require—
    (A) an institution of higher education to demonstrate that, despite due diligence on the part of the institution, the institution has been unable to secure the commitment of eligible lenders willing to make loans under this part to a significant number of students attending the institution;
    (B) that, prior to making a request under such paragraph for designation for participation in the lender-of-last-resort program, an institution of higher education shall demonstrate that the institution has met a minimum threshold, as determined by the Secretary, for the number or percentage of students at such institution who have received rejections from eligible lenders for loans under this part; and
    (C) any other standards and guidelines the Secretary determines to be appropriate.
  • 20 U.S.C. § 1078(j)(5)(B)
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    (B) that, prior to making a request under such paragraph for designation for participation in the lender-of-last-resort program, an institution of higher education shall demonstrate that the institution has met a minimum threshold, as determined by the Secretary, for the number or percentage of students at such institution who have received rejections from eligible lenders for loans under this part; and
  • 20 U.S.C. § 1078(j)(5)(C)
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    (C) any other standards and guidelines the Secretary determines to be appropriate.
  • 20 U.S.C. § 1078(j)(6)
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    (6) The Secretary’s authority under paragraph (4) to designate institutions of higher education for participation in the program under this subsection shall expire on June 30, 2010.
  • 20 U.S.C. § 1078(j)(7)
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    (7) The eligibility of an institution of higher education, or borrowers from such institution, to participate in the program under this subsection pursuant to a designation of the institution by the Secretary under paragraph (4) shall expire on June 30, 2010. After such date, borrowers from an institution designated under paragraph (4) shall be eligible to participate in the program under this subsection as such program existed on the day before May 7, 2008.
  • 20 U.S.C. § 1078(j)(9)(A)
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    (A) The Secretary shall—
    (i) broadly disseminate information regarding the availability of loans made under this subsection;
    (ii) during the period beginning July 1, 2008 and ending June 30, 2011, provide to the authorizing committees and make available to the public—
    (I) copies of any new or revised plans or agreements made by guaranty agencies or the Department related to the authorities under this subsection;
    (II) quarterly reports on—
    (aa) the number and amounts of loans originated or approved pursuant to this subsection by each guaranty agency and eligible lender; and
    (bb) any related payments by the Department, a guaranty agency, or an eligible lender; and
    (III) a budget estimate of the costs to the Federal Government (including subsidy and administrative costs) for each 100 dollars loaned, of loans made pursuant to this subsection between May 7, 2008, and June 30, 2010, disaggregated by type of loan, compared to such costs to the Federal Government during such time period of comparable loans under this part and part D, disaggregated by part and by type of loan; and
    (iii) beginning July 1, 2011, provide to the authorizing committees and make available to the public—
    (I) copies of any new or revised plans or agreements made by guaranty agencies or the Department related to the authorities under this subsection; and
    (II) annual reports on—
    (aa) the number and amounts of loans originated or approved pursuant to this subsection by each guaranty agency and eligible lender; and
    (bb) any related payments by the Department, a guaranty agency, or an eligible lender.
  • 20 U.S.C. § 1078(j)(9)(B)
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    (B) The information required to be reported under subparagraph (A)(ii)(II) shall be reported separately for loans originated or approved pursuant to paragraph (4), or payments related to such loans, for the time period in which the Secretary is authorized to make designations under paragraph (4).
  • 20 U.S.C. § 1078(l)(1)
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    (1) Upon receipt of a complete request from a lender received not earlier than the 60th day of delinquency, a guaranty agency having an agreement with the Secretary under subsection (c) shall engage in default aversion activities designed to prevent the default by a borrower on a loan covered by such agreement.
  • 20 U.S.C. § 1078(m)(1)
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    (1) The Secretary may require borrowers who have defaulted on loans made under this part that are assigned to the Secretary under subsection (c)(8) to repay those loans under an income contingent repayment plan or income-based repayment plan, the terms and conditions of which shall be established by the Secretary and the same as, or similar to, an income contingent repayment plan established for purposes of part D of this subchapter or an income-based repayment plan under section 1098e of this title, as the case may be.
  • 20 U.S.C. § 1078(m)(2)
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    (2) A loan made under this part may be required to be repaid under this subsection if the note or other evidence of the loan has been assigned to the Secretary pursuant to subsection (c)(8).
  • 20 U.S.C. § 1078(n)(1)
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    (1) Subject to paragraph (3), any guaranty agency that has entered into or enters into any insurance program agreement with the Secretary under this part may—
    (A) offer eligible lenders participating in the agency’s guaranty program a blanket certificate of loan guaranty that permits the lender to make loans without receiving prior approval from the guaranty agency of individual loans for eligible borrowers enrolled in eligible programs at eligible institutions; and
    (B) provide eligible lenders with the ability to transmit electronically data to the agency concerning loans the lender has elected to make under the agency’s insurance program via standard reporting formats, with such reporting to occur at reasonable and standard intervals.
  • 20 U.S.C. § 1078(n)(3)
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    (3) During fiscal years 1999 and 2000, the Secretary may permit, on a pilot basis, a limited number of guaranty agencies to offer blanket certificates of guaranty under this subsection. Beginning in fiscal year 2001, any guaranty agency that has an insurance program agreement with the Secretary may offer blanket certificates of guaranty under this subsection.
  • 20 U.S.C. § 1078(n)(4)
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    (4) The Secretary shall, at the conclusion of the pilot program under paragraph (3), provide a report to the authorizing committees on the impact of the blanket certificates of guaranty on program efficiency and integrity.
  • 20 U.S.C. § 1078(o)(1)
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    (1) Using funds received by transfer to the Secretary under section 2174 of title 10 or section 3078 of title 33 for the payment of interest and any special allowance on a loan to a member of the Armed Forces or an officer in the commissioned officer corps of the National Oceanic and Atmospheric Administration, respectively, that is made, insured, or guaranteed under this part, the Secretary shall pay the interest and special allowance on such loan as due for a period not in excess of 36 consecutive months. The Secretary may not pay interest or any special allowance on such a loan out of any funds other than funds that have been so transferred.
  • 20 U.S.C. § 1078(o)(2)
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    (2) During the period in which the Secretary is making payments on a loan under paragraph (1), the lender shall grant the borrower forbearance in accordance with the guaranty agreement under subsection (c)(3)(A)(i)(IV).
  • 20 U.S.C. § 1078–1(a)(1)
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    (1) Subject to paragraph (2),1 the Secretary may enter into a voluntary, flexible agreement with a guaranty agency under this section, in lieu of agreements with a guaranty agency under subsections (b) and (c) of section 1078 of this title. The Secretary may waive or modify any requirement under such subsections, except that the Secretary may not waive—
    (A) any statutory requirement pertaining to the terms and conditions attached to student loans or default claim payments made to lenders;
    (B) the prohibitions on inducements contained in section 1078(b)(3) of this title; or
    (C) the Federal default fee required by section 1078(b)(1)(H) of this title and the second sentence of section 1078–8(h) of this title.
  • 20 U.S.C. § 1078–1(a)(2)
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    (2) During fiscal years 1999, 2000, and 2001, the Secretary may enter into a voluntary, flexible agreement with not more than 6 guaranty agencies that had 1 or more agreements with the Secretary under subsections (b) and (c) of section 1078 of this title as of the day before October 7, 1998. Beginning in fiscal year 2002, any guaranty agency or consortium thereof may enter into a voluntary flexible agreement with the Secretary.
  • 20 U.S.C. § 1078–1(a)(3)(A)
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    (A) The Secretary, in consultation with the guaranty agencies operating under voluntary flexible agreements, shall report on an annual basis to the authorizing committees regarding the program outcomes that the voluntary flexible agreements have had with respect to—
    (i) program integrity and program and cost efficiencies, delinquency prevention, and default aversion, including a comparison of such outcomes to such outcomes for each guaranty agency operating under an agreement under subsection (b) or (c) of section 1078 of this title;
    (ii) consumer education programs described in section 1083a of this title; and
    (iii) the availability and delivery of student financial aid.
  • 20 U.S.C. § 1078–1(a)(3)(B)(i)
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    (i) a description of each voluntary flexible agreement and the performance goals established by the Secretary for each agreement;
  • 20 U.S.C. § 1078–1(a)(3)(B)(iv)
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    (iv) an analysis of the fees paid by the Secretary, and the costs and efficiencies achieved under each voluntary flexible agreement; and
  • 20 U.S.C. § 1078–1(b)
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    (b) An agreement between the Secretary and a guaranty agency under this section—
    (1) shall be developed by the Secretary, in consultation with the guaranty agency, on a case-by-case basis;
    (2) may only include provisions—
    (A) specifying the responsibilities of the guaranty agency under the agreement, with respect to—
    (i) administering the issuance of insurance on loans made under this part on behalf of the Secretary;
    (ii) monitoring insurance commitments made under this part;
    (iii) default aversion activities;
    (iv) review of default claims made by lenders;
    (v) payment of default claims;
    (vi) collection of defaulted loans;
    (vii) adoption of internal systems of accounting and auditing that are acceptable to the Secretary, and reporting the result thereof to the Secretary in a timely manner, and on an accurate, and auditable basis;
    (viii) timely and accurate collection and reporting of such other data as the Secretary may require to carry out the purposes of the programs under this subchapter;
    (ix) monitoring of institutions and lenders participating in the program under this part; and
    (x) informational outreach to schools and students in support of access to higher education;
    (B) regarding the fees the Secretary shall pay, in lieu of revenues that the guaranty agency may otherwise receive under this part, to the guaranty agency under the agreement, and other funds that the guaranty agency may receive or retain under the agreement, except that in no case may the cost to the Secretary of the agreement, as reasonably projected by the Secretary, exceed the cost to the Secretary, as similarly projected, in the absence of the agreement;
    (C) regarding the use of net revenues, as described in the agreement under this section, for such other activities in support of postsecondary education as may be agreed to by the Secretary and the guaranty agency;
    (D) regarding the standards by which the guaranty agency’s performance of the agency’s responsibilities under the agreement will be assessed, and the consequences for a guaranty agency’s failure to achieve a specified level of performance on 1 or more performance standards;
    (E) regarding the circumstances in which a guaranty agency’s agreement under this section may be ended in advance of the agreement’s expiration date;
    (F) regarding such other businesses, previously purchased or developed with reserve funds, that relate to the program under this part and in which the Secretary permits the guaranty agency to engage; and
    (G) such other provisions as the Secretary may determine to be necessary to protect the United States from the risk of unreasonable loss and to promote the purposes of this part;
    (3) shall provide for uniform lender participation with the guaranty agency under the terms of the agreement; and
    (4) shall not prohibit or restrict borrowers from selecting a lender of the borrower’s choosing, subject to the prohibitions and restrictions applicable to the selection under this chapter.
  • 20 U.S.C. § 1078–1(b)(1)
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    (1) shall be developed by the Secretary, in consultation with the guaranty agency, on a case-by-case basis;
  • 20 U.S.C. § 1078–1(b)(2)(A)(i)
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    (i) administering the issuance of insurance on loans made under this part on behalf of the Secretary;
  • 20 U.S.C. § 1078–1(b)(2)(A)(vii)
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    (vii) adoption of internal systems of accounting and auditing that are acceptable to the Secretary, and reporting the result thereof to the Secretary in a timely manner, and on an accurate, and auditable basis;
  • 20 U.S.C. § 1078–1(b)(2)(A)(viii)
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    (viii) timely and accurate collection and reporting of such other data as the Secretary may require to carry out the purposes of the programs under this subchapter;
  • 20 U.S.C. § 1078–1(b)(2)(B)
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    (B) regarding the fees the Secretary shall pay, in lieu of revenues that the guaranty agency may otherwise receive under this part, to the guaranty agency under the agreement, and other funds that the guaranty agency may receive or retain under the agreement, except that in no case may the cost to the Secretary of the agreement, as reasonably projected by the Secretary, exceed the cost to the Secretary, as similarly projected, in the absence of the agreement;
  • 20 U.S.C. § 1078–1(b)(2)(C)
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    (C) regarding the use of net revenues, as described in the agreement under this section, for such other activities in support of postsecondary education as may be agreed to by the Secretary and the guaranty agency;
  • 20 U.S.C. § 1078–1(b)(2)(F)
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    (F) regarding such other businesses, previously purchased or developed with reserve funds, that relate to the program under this part and in which the Secretary permits the guaranty agency to engage; and
  • 20 U.S.C. § 1078–1(b)(2)(G)
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    (G) such other provisions as the Secretary may determine to be necessary to protect the United States from the risk of unreasonable loss and to promote the purposes of this part;
  • 20 U.S.C. § 1078–1(c)(1)
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    (1) The Secretary shall publish in the Federal Register a notice to all guaranty agencies that sets forth—
    (A) an invitation for the guaranty agencies to enter into agreements under this section; and
    (B) the criteria that the Secretary will use for selecting the guaranty agencies with which the Secretary will enter into agreements under this section.
  • 20 U.S.C. § 1078–1(c)(1)(B)
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    (B) the criteria that the Secretary will use for selecting the guaranty agencies with which the Secretary will enter into agreements under this section.
  • 20 U.S.C. § 1078–1(c)(2)
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    (2) The Secretary shall notify the members of the authorizing committees not later than 30 days prior to concluding an agreement under this section. The notice shall contain—
    (A) a description of the voluntary flexible agreement and the performance goals established by the Secretary for the agreement;
    (B) a list of participating guaranty agencies and the specific statutory or regulatory waivers provided to each guaranty agency;
    (C) a description of the standards by which each guaranty agency’s performance under the agreement will be assessed; and
    (D) a description of the fees that will be paid to each participating guaranty agency.
  • 20 U.S.C. § 1078–1(c)(2)(A)
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    (A) a description of the voluntary flexible agreement and the performance goals established by the Secretary for the agreement;
  • 20 U.S.C. § 1078–1(c)(3)
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    (3) The Secretary shall notify the members of the authorizing committees not later than 30 days prior to the granting of a waiver pursuant to subsection (a)(2)1 to a guaranty agency that is not a party to a voluntary flexible agreement.
  • 20 U.S.C. § 1078–1(c)(5)
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    (5) The Secretary shall notify the members of the authorizing committees 30 days prior to any modifications to an agreement under this section.
  • 20 U.S.C. § 1078–1(d)
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    (d) At the expiration or early termination of an agreement under this section, the Secretary shall reinstate the guaranty agency’s prior agreements under subsections (b) and (c) of section 1078 of this title, subject only to such additional requirements as the Secretary determines to be necessary in order to ensure the efficient transfer of responsibilities between the agreement under this section and the agreements under subsections (b) and (c) of section 1078 of this title, and including the guaranty agency’s compliance with reserve requirements under sections 1072 and 1078 of this title.
  • 20 U.S.C. § 1078–10(b)
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    (b) The Secretary shall carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under section 1078 or 1078–8 of this title, in accordance with subsection (c), for any new borrower on or after October 1, 1998, who—
    (1) has been employed as a full-time teacher for 5 consecutive complete school years—
    (A) in a school or location that qualifies under section 1087ee(a)(2)(A) of this title for loan cancellation for Perkins loan recipients who teach in such schools or locations; and
    (B) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 91011 of the Elementary Secondary2 Education Act of 1965 [20 U.S.C. 7801], or meets the requirements of subsection (g)(3); and
    (2) is not in default on a loan for which the borrower seeks forgiveness.
  • 20 U.S.C. § 1078–10(c)(1)
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    (1) The Secretary shall repay not more than $5,000 in the aggregate of the loan obligation on a loan made under section 1078 or 1078–8 of this title that is outstanding after the completion of the fifth complete school year of teaching described in subsection (b)(1). No borrower may receive a reduction of loan obligations under both this section and section 1087j of this title.
  • 20 U.S.C. § 1078–10(c)(2)
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    (2) A loan amount for a loan made under section 1078–3 of this title may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 1078 or 1078–8 of this title for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary.
  • 20 U.S.C. § 1078–10(c)(3)
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    (3) Notwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall repay under this section shall be not more than $17,500 in the case of—
    (A) a secondary school teacher—
    (i) who meets the requirements of subsection (b); and
    (ii) whose qualifying employment for purposes of such subsection is teaching mathematics or science on a full-time basis; and
    (B) an elementary school or secondary school teacher—
    (i) who meets the requirements of subsection (b);
    (ii) whose qualifying employment for purposes of such subsection is as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in section 1401 of this title); and
    (iii) who, as certified by the chief administrative officer of the public or non-profit private elementary school or secondary school in which the borrower is employed, or, in the case of a teacher who is employed by an educational service agency, as certified by the chief administrative officer of such agency, is teaching children with disabilities that correspond with the borrower’s special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary school or secondary school curriculum that the borrower is teaching.
  • 20 U.S.C. § 1078–10(d)
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    (d) The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section.
  • 20 U.S.C. § 1078–10(f)
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    (f) If the list of schools in which a teacher may perform service pursuant to subsection (b) is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make such service determination.
  • 20 U.S.C. § 1078–10(h)
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    (h) For purposes of this section, the term “year”, where applied to service as a teacher, means an academic year as defined by the Secretary.
  • 20 U.S.C. § 1078–11(a)(1)
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    (1) The Secretary shall forgive, in accordance with this section, the qualified loan amount described in subsection (c) of the student loan obligation of a borrower who—
    (A) is employed full-time in an area of national need, as described in subsection (b); and
    (B) is not in default on a loan for which the borrower seeks forgiveness.
  • 20 U.S.C. § 1078–11(a)(2)
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    (2) To provide loan forgiveness under paragraph (1), the Secretary is authorized to carry out a program—
    (A) through the holder of the loan, to assume the obligation to repay a qualified loan amount for a loan made, insured, or guaranteed under this part (other than an excepted PLUS loan or an excepted consolidation loan (as such terms are defined in section 1098e(a) of this title)); and
    (B) to cancel a qualified loan amount for a loan made under part D of this subchapter (other than an excepted PLUS loan or an excepted consolidation loan).
  • 20 U.S.C. § 1078–11(a)(3)
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    (3) The Secretary is authorized to issue such regulations as may be necessary to carry out this section.
  • 20 U.S.C. § 1078–11(b)(5)(B)(iii)
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    (iii) as a teacher and is an individual from an underrepresented population in the teaching profession, as determined by the Secretary; or
  • 20 U.S.C. § 1078–11(b)(18)(B)
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    (B) in a setting where patients might require health care services, including acute care facilities, ambulatory care facilities, personal residences and other settings located in health professional shortage areas, medically underserved areas, or medically underserved populations, as recognized by the Secretary of Health and Human Services.
  • 20 U.S.C. § 1078–11(c)(1)
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    (1) Subject to paragraph (2), for each school, academic, or calendar year of full-time employment in an area of national need described in subsection (b) that a borrower completes on or after August 14, 2008, the Secretary shall forgive not more than $2,000 of the student loan obligation of the borrower that is outstanding after the completion of each such school, academic, or calendar year of employment, respectively.
  • 20 U.S.C. § 1078–11(c)(2)
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    (2) The Secretary shall not forgive more than $10,000 in the aggregate for any borrower under this section, and no borrower shall receive loan forgiveness under this section for more than five years of service.
  • 20 U.S.C. § 1078–11(d)
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    (d) The Secretary shall grant loan forgiveness under this section on a first-come, first-served basis, and subject to the availability of appropriations.
  • 20 U.S.C. § 1078–11(g)(1)(B)
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    (B) is employed with a Federal, State, local or tribal public health agency, or in a setting where patients might require health care services, including acute care facilities, ambulatory care facilities, personal residences and other settings located in health professional shortage areas, medically underserved areas, or medically underserved populations, as recognized by the Secretary of Health and Human Services.
  • 20 U.S.C. § 1078–11(g)(2)(A)
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    (A) has received, at a minimum, a graduate degree in audiology from an institution of higher education accredited by an agency or association recognized by the Secretary pursuant to section 1099b(a) of this title; and
  • 20 U.S.C. § 1078–11(g)(8)(A)
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    (A) has received, at a minimum, a baccalaureate degree in occupational therapy from an institution of higher education accredited by an agency or association recognized by the Secretary pursuant to section 1099b(a) of this title; and
  • 20 U.S.C. § 1078–11(g)(9)(A)
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    (A) has received, at a minimum, a graduate degree in physical therapy from an institution of higher education accredited by an agency or association recognized by the Secretary pursuant to section 1099b(a) of this title; and
  • 20 U.S.C. § 1078–11(g)(10)(A)
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    (A) has received, at a minimum, a graduate degree in speech-language pathology or communication sciences and disorders from an institution of higher education accredited by an agency or association recognized by the Secretary pursuant to section 1099b(a) of this title; and
  • 20 U.S.C. § 1078–12(c)
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    (c) From amounts appropriated under subsection (i) for a fiscal year, the Secretary shall carry out a program of assuming the obligation to repay a student loan, by direct payments on behalf of a borrower to the holder of such loan, in accordance with subsection (d), for any borrower who—
    (1) is employed as a civil legal assistance attorney; and
    (2) is not in default on a loan for which the borrower seeks repayment.
  • 20 U.S.C. § 1078–12(d)(1)
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    (1) To be eligible to receive repayment benefits under subsection (c), a borrower shall enter into a written agreement with the Secretary that specifies that—
    (A) the borrower will remain employed as a civil legal assistance attorney for a required period of service of not less than three years, unless involuntarily separated from that employment;
    (B) if the borrower is involuntarily separated from employment on account of misconduct, or voluntarily separates from employment, before the end of the period specified in the agreement, the borrower will repay the Secretary the amount of any benefits received by such employee under this agreement;
    (C) if the borrower is required to repay an amount to the Secretary under subparagraph (B) and fails to repay such amount, a sum equal to that amount shall be recoverable by the Federal Government from the employee by such methods as are provided by law for the recovery of amounts owed to the Federal Government;
    (D) the Secretary may waive, in whole or in part, a right of recovery under this subsection if it is shown that recovery would be contrary to the public interest; and
    (E) the Secretary shall make student loan payments under this section for the period of the agreement, subject to the availability of appropriations.
  • 20 U.S.C. § 1078–12(d)(1)(B)
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    (B) if the borrower is involuntarily separated from employment on account of misconduct, or voluntarily separates from employment, before the end of the period specified in the agreement, the borrower will repay the Secretary the amount of any benefits received by such employee under this agreement;
  • 20 U.S.C. § 1078–12(d)(1)(C)
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    (C) if the borrower is required to repay an amount to the Secretary under subparagraph (B) and fails to repay such amount, a sum equal to that amount shall be recoverable by the Federal Government from the employee by such methods as are provided by law for the recovery of amounts owed to the Federal Government;
  • 20 U.S.C. § 1078–12(d)(1)(D)
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    (D) the Secretary may waive, in whole or in part, a right of recovery under this subsection if it is shown that recovery would be contrary to the public interest; and
  • 20 U.S.C. § 1078–12(d)(1)(E)
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    (E) the Secretary shall make student loan payments under this section for the period of the agreement, subject to the availability of appropriations.
  • 20 U.S.C. § 1078–12(d)(3)(A)
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    (A) Student loan repayments made by the Secretary under this section shall be made subject to such terms, limitations, or conditions as may be mutually agreed upon by the borrower and the Secretary in an agreement under paragraph (1), except that the amount paid by the Secretary under this section shall not exceed—
    (i) $6,000 for any borrower in any calendar year; or
    (ii) an aggregate total of $40,000 in the case of any borrower.
  • 20 U.S.C. § 1078–12(d)(3)(B)
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    (B) Nothing in this section shall authorize the Secretary to pay any amount to reimburse a borrower for any repayments made by such borrower prior to the date on which the Secretary entered into an agreement with the borrower under this subsection.
  • 20 U.S.C. § 1078–12(e)(1)
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    (1) On completion of the required period of service under an agreement under subsection (d), the borrower and the Secretary may, subject to paragraph (2), enter into an additional agreement in accordance with subsection (d).
  • 20 U.S.C. § 1078–12(f)(1)
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    (1) Subject to paragraph (2), the Secretary shall provide repayment benefits under this section on a first-come, first-served basis, and subject to the availability of appropriations.
  • 20 U.S.C. § 1078–12(f)(2)
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    (2) The Secretary shall give priority in providing repayment benefits under this section in any fiscal year to a borrower who—
    (A) has practiced law for five years or less and, for not less than 90 percent of the time in such practice, has served as a civil legal assistance attorney;
    (B) received repayment benefits under this section during the preceding fiscal year; and
    (C) has completed less than three years of the first required period of service specified for the borrower in an agreement entered into under subsection (d).
  • 20 U.S.C. § 1078–12(h)
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    (h) The Secretary is authorized to issue such regulations as may be necessary to carry out this section.
  • 20 U.S.C. § 1078–2(a)(1)(A)
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    (A) the graduate or professional student or the parents do not have an adverse credit history as determined pursuant to regulations promulgated by the Secretary;
  • 20 U.S.C. § 1078–2(a)(1)(B)
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    (B) in the case of a graduate or professional student or parent who has been convicted of, or has pled nolo contendere or guilty to, a crime involving fraud in obtaining funds under this subchapter, such graduate or professional student or parent has completed the repayment of such funds to the Secretary, or to the holder in the case of a loan under this subchapter obtained by fraud; and
  • 20 U.S.C. § 1078–2(a)(1)(C)
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    (C) the graduate or professional student or the parents meet such other eligibility criteria as the Secretary may establish by regulation, after consultation with guaranty agencies, eligible lenders, and other organizations involved in student financial assistance.
  • 20 U.S.C. § 1078–2(e)(1)
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    (1) An eligible lender may at any time consolidate loans held by it which are made under this section to a borrower, including loans which were made under this section as in effect prior to October 17, 1986, under a single repayment schedule which provides for a single principal payment and a single payment of interest, and shall calculate the repayment period for each included loan from the date of the commencement of repayment of the most recent included loan. Unless the consolidated loan is obtained by a borrower who is electing to obtain variable interest under paragraph (2) or (3), such consolidated loan shall bear interest at the weighted average of the rates of all included loans. The extension of any repayment period of an included loan pursuant to this paragraph shall be reported (if required by them) to the Secretary or guaranty agency insuring the loan, as the case may be, but no additional insurance premiums shall be payable with respect to any such extension. The extension of the repayment period of any included loan shall not require the formal extension of the promissory note evidencing the included loan or the execution of a new promissory note, but shall be treated as an administrative forbearance of the repayment terms of the included loan.
  • 20 U.S.C. § 1078–3(a)(1)
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    (1) For the purpose of providing loans to eligible borrowers for consolidation of their obligations with respect to eligible student loans, the Secretary or a guaranty agency shall enter into agreements in accordance with subsection (b) with the following eligible lenders:
    (A) 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;
    (B) State agencies described in subparagraphs (D) and (F) of section 1085(d)(1) of this title; and
    (C) other eligible lenders described in subparagraphs (A), (B), (C), (E), and (J) of such section.
  • 20 U.S.C. § 1078–3(a)(4)(A)
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    (A) made, insured, or guaranteed under this part, and first disbursed before July 1, 2010, including loans on which the borrower has defaulted (but has made arrangements to repay the obligation on the defaulted loans satisfactory to the Secretary or guaranty agency, whichever insured the loans);
  • 20 U.S.C. § 1078–3(b)(1)
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    (1) Any lender described in subparagraph (A), (B), or (C) of subsection (a)(1) who wishes to make consolidation loans under this section shall enter into an agreement with the Secretary or a guaranty agency which provides—
    (A) that, in the case of all lenders described in subsection (a)(1), the lender will make a consolidation loan to an eligible borrower (on request of that borrower) only if the borrower certifies that the borrower has no other application pending for a loan under this section;
    (B) that each consolidation loan made by the lender will bear interest, and be subject to repayment, in accordance with subsection (c);
    (C) that each consolidation loan will be made, notwithstanding any other provision of this part limiting the annual or aggregate principal amount for all insured loans made to a borrower, in an amount (i) which is not less than the minimum amount required for eligibility of the borrower under subsection (a)(3), and (ii) which is equal to the sum of the unpaid principal and accrued unpaid interest and late charges of all eligible student loans received by the eligible borrower which are selected by the borrower for consolidation;
    (D) that the proceeds of each consolidation loan will be paid by the lender to the holder or holders of the loans so selected to discharge the liability on such loans;
    (E) that the lender shall offer an income-sensitive repayment schedule, established by the lender in accordance with the regulations promulgated by the Secretary, to the borrower of any consolidation loan made by the lender on or after July 1, 1994, and before July 1, 2010;
    (F) that the lender shall disclose to a prospective borrower, in simple and understandable terms, at the time the lender provides an application for a consolidation loan—
    (i) whether consolidation would result in a loss of loan benefits under this part or part D, including loan forgiveness, cancellation, and deferment;
    (ii) with respect to Federal Perkins Loans under part E—
    (I) that if a borrower includes a Federal Perkins Loan under part E in the consolidation loan, the borrower will lose all interest-free periods that would have been available for the Federal Perkins Loan, such as—
    (aa) the periods during which no interest accrues on such loan while the borrower is enrolled in school at least half-time;
    (bb) the grace period under section 1087dd(c)(1)(A) of this title; and
    (cc) the periods during which the borrower’s student loan repayments are deferred under section 1087dd(c)(2) of this title;
    (II) that if a borrower includes a Federal Perkins Loan in the consolidation loan, the borrower will no longer be eligible for cancellation of part or all of the Federal Perkins Loan under section 1087ee(a) of this title; and
    (III) the occupations listed in section 1087ee of this title that qualify for Federal Perkins Loan cancellation under section 1087ee(a) of this title;
    (iii) the repayment plans that are available to the borrower;
    (iv) the options of the borrower to prepay the consolidation loan, to pay such loan on a shorter schedule, and to change repayment plans;
    (v) that borrower benefit programs for a consolidation loan may vary among different lenders;
    (vi) the consequences of default on the consolidation loan; and
    (vii) that by applying for a consolidation loan, the borrower is not obligated to agree to take the consolidation loan; and
    (G) such other terms and conditions as the Secretary or the guaranty agency may specifically require of the lender to carry out this section.
  • 20 U.S.C. § 1078–3(b)(1)(E)
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    (E) that the lender shall offer an income-sensitive repayment schedule, established by the lender in accordance with the regulations promulgated by the Secretary, to the borrower of any consolidation loan made by the lender on or after July 1, 1994, and before July 1, 2010;
  • 20 U.S.C. § 1078–3(b)(1)(G)
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    (G) such other terms and conditions as the Secretary or the guaranty agency may specifically require of the lender to carry out this section.
  • 20 U.S.C. § 1078–3(b)(2)
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    (2) The Secretary shall issue a certificate of comprehensive insurance coverage under section 1079(b) of this title to a lender which has entered into an agreement with the Secretary under paragraph (1) of this subsection. The guaranty agency may issue a certificate of comprehensive insurance coverage to a lender with which it has an agreement under such paragraph. The Secretary shall not issue a certificate to a lender described in subparagraph (B) or (C) of subsection (a)(1) unless the Secretary determines that such lender has first applied to, and has been denied a certificate of insurance by, the guaranty agency which insures the preponderance of its loans (by value).
  • 20 U.S.C. § 1078–3(b)(3)(A)
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    (A) that all consolidation loans made by such lender in conformity with the requirements of this section will be insured by the Secretary or the guaranty agency (whichever is applicable) against loss of principal and interest;
  • 20 U.S.C. § 1078–3(b)(3)(E)
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    (E) the reporting requirements of the Secretary on the lender and an identification of the office of the Department of Education or of the guaranty agency which will process claims and perform other related administrative functions;
  • 20 U.S.C. § 1078–3(b)(4)
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    (4) A consolidation loan made pursuant to this section shall be insurable by the Secretary or a guaranty agency pursuant to paragraph (2) only if the loan is made to an eligible borrower who has agreed to notify the holder of the loan promptly concerning any change of address and the loan is evidenced by a note or other written agreement which—
    (A) is made without security and without endorsement, except that if the borrower is a minor and such note or other written agreement executed by him or her would not, under applicable law, create a binding obligation, endorsement may be required;
    (B) provides for the payment of interest and the repayment of principal in accordance with subsection (c) of this section;
    (i) provides that periodic installments of principal need not be paid, but interest shall accrue and be paid in accordance with clause (ii), during any period for which the borrower would be eligible for a deferral under section 1078(b)(1)(M) of this title, and that any such period shall not be included in determining the repayment schedule pursuant to subsection (c)(2) of this section; and
    (ii) provides that interest shall accrue and be paid during any such period—
    (I) by the Secretary, in the case of a consolidation loan for which the application is received by an eligible lender before November 13, 1997, that consolidated only Federal Stafford Loans for which the student borrower received an interest subsidy under section 1078 of this title;
    (II) by the Secretary, in the case of a consolidation loan for which the application is received by an eligible lender on or after November 13, 1997, except that the Secretary shall pay such interest only on that portion of the loan that repays Federal Stafford Loans for which the student borrower received an interest subsidy under section 1078 of this title or Federal Direct Stafford Loans for which the borrower received an interest subsidy under section 1087e of this title; or
    (III) by the borrower, or capitalized, in the case of a consolidation loan other than a loan described in subclause (I) or (II);
    (D) entitles the borrower to accelerate without penalty repayment of the whole or any part of the loan; and
    (i) contains a notice of the system of disclosure concerning such loan to consumer reporting agencies under section 1080a of this title, and (ii) provides that the lender on request of the borrower will provide information on the repayment status of the note to such consumer reporting agencies.
  • 20 U.S.C. § 1078–3(b)(4)(C)(ii)(I)
    Go to provision →
    (I) by the Secretary, in the case of a consolidation loan for which the application is received by an eligible lender before November 13, 1997, that consolidated only Federal Stafford Loans for which the student borrower received an interest subsidy under section 1078 of this title;
  • 20 U.S.C. § 1078–3(b)(4)(C)(ii)(II)
    Go to provision →
    (II) by the Secretary, in the case of a consolidation loan for which the application is received by an eligible lender on or after November 13, 1997, except that the Secretary shall pay such interest only on that portion of the loan that repays Federal Stafford Loans for which the student borrower received an interest subsidy under section 1078 of this title or Federal Direct Stafford Loans for which the borrower received an interest subsidy under section 1087e of this title; or
  • 20 U.S.C. § 1078–3(b)(5)
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    (5) If, before July 1, 2010, a borrower is unable to obtain a consolidation loan from a lender with an agreement under subsection (a)(1), or is unable to obtain a consolidation loan with income-sensitive repayment terms or income-based repayment terms acceptable to the borrower from such a lender, or chooses to obtain a consolidation loan for the purposes of using the public service loan forgiveness program offered under section 1087e(m) of this title, the Secretary shall offer any such borrower who applies for it, a Federal Direct Consolidation loan. In addition, in the event that a borrower chooses to obtain a consolidation loan for the purposes of using the no accrual of interest for active duty service members program offered under section 1087e(o) of this title, the Secretary shall offer a Federal Direct Consolidation loan to any such borrower who applies for participation in such program. A direct consolidation loan offered under this paragraph shall, as requested by the borrower, be repaid either pursuant to income contingent repayment under part D of this subchapter, pursuant to income-based repayment under section 1098e of this title, or pursuant to any other repayment provision under this section, except that if a borrower intends to be eligible to use the public service loan forgiveness program under section 1087e(m) of this title, such loan shall be repaid using one of the repayment options described in section 1087e(m)(1)(A) of this title. The Secretary shall not offer such loans if, in the Secretary’s judgment, the Department of Education does not have the necessary origination and servicing arrangements in place for such loans.
  • 20 U.S.C. § 1078–3(c)(2)(A)
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    (A) Notwithstanding any other provision of this part, to the extent authorized by its certificate of insurance under subsection (b)(2) and approved by the issuer of such certificate, the lender of a consolidation loan shall establish repayment terms as will promote the objectives of this section, which shall include the establishment of graduated, income-sensitive, or income-based repayment schedules, established by the lender in accordance with the regulations of the Secretary. Except as required by such income-sensitive or income-based repayment schedules, or by the terms of repayment pursuant to income contingent repayment offered by the Secretary under subsection (b)(5), such repayment terms shall require that if the sum of the consolidation loan and the amount outstanding on other student loans to the individual—
    (i) is less than $7,500, then such consolidation loan shall be repaid in not more than 10 years;
    (ii) is equal to or greater than $7,500 but less than $10,000, then such consolidation loan shall be repaid in not more than 12 years;
    (iii) is equal to or greater than $10,000 but less than $20,000, then such consolidation loan shall be repaid in not more than 15 years;
    (iv) is equal to or greater than $20,000 but less than $40,000, then such consolidation loan shall be repaid in not more than 20 years;
    (v) is equal to or greater than $40,000 but less than $60,000, then such consolidation loan shall be repaid in not more than 25 years; or
    (vi) is equal to or greater than $60,000, then such consolidation loan shall be repaid in not more than 30 years.
  • 20 U.S.C. § 1078–3(c)(3)(B)
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    (B) except as required by the terms of repayment pursuant to income contingent repayment offered by the Secretary under subsection (b)(5), the lender of a consolidation loan may, with respect to repayment on the loan, when the amount of a monthly or other similar payment on the loan is not a multiple of $5, round the payment to the next highest whole dollar amount that is a multiple of $5; and
  • 20 U.S.C. § 1078–3(c)(5)
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    (5) No insurance premium shall be charged to the borrower on any consolidation loan, and no insurance premium shall be payable by the lender to the Secretary with respect to any such loan, but a fee may be payable by the lender to the guaranty agency to cover the costs of increased or extended liability with respect to such loan.
  • 20 U.S.C. § 1078–3(d)(1)(A)
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    (A) Subject to the provisions of this subsection, the Secretary or a guaranty agency shall enter into agreements with eligible lenders described in subparagraphs (A), (B), and (C) of subsection (a)(1) for the consolidation of eligible student loans.
  • 20 U.S.C. § 1078–3(d)(2)(C)
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    (C) The Secretary shall determine the applicable rate of interest under subparagraph (B) after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of such determination.
  • 20 U.S.C. § 1078–3(d)(4)
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    (4) The Secretary is authorized to promulgate such regulations as may be necessary to facilitate carrying out the provisions of this subsection.
  • 20 U.S.C. § 1078–3(e)
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    (e) The authority to make loans under this section expires at the close of June 30, 2010. No loan may be made under this section for which the disbursement is on or after July 1, 2010. Nothing in this section shall be construed to authorize the Secretary to promulgate rules or regulations governing the terms or conditions of the agreements and certificates under subsection (b). Loans made under this section which are insured by the Secretary shall be considered to be new loans made to students for the purpose of section 1074(a) of this title.
  • 20 U.S.C. § 1078–3(f)(1)
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    (1) For any month beginning on or after October 1, 1993, each holder of a consolidation loan under this section for which the first disbursement was made on or after October 1, 1993, shall pay to the Secretary, on a monthly basis and in such manner as the Secretary shall prescribe, a rebate fee calculated on an annual basis equal to 1.05 percent of the principal plus accrued unpaid interest on such loan.
  • 20 U.S.C. § 1078–3(f)(3)
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    (3) The Secretary shall deposit all fees collected pursuant to this subsection into the insurance fund established in section 1081 of this title.
  • 20 U.S.C. § 1078–6(a)(1)(A)
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    (A) Each guaranty agency, upon securing 9 payments made within 20 days of the due date during 10 consecutive months of amounts owed on a loan for which the Secretary has made a payment under paragraph (1) of section 1078(c) of this title, shall—
    (i) if practicable, sell the loan to an eligible lender; or
    (ii) beginning July 1, 2014, assign the loan to the Secretary if the guaranty agency has been unable to sell the loan under clause (i).
  • 20 U.S.C. § 1078–6(a)(1)(A)(ii)
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    (ii) beginning July 1, 2014, assign the loan to the Secretary if the guaranty agency has been unable to sell the loan under clause (i).
  • 20 U.S.C. § 1078–6(a)(1)(B)
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    (B) Neither the guaranty agency nor the Secretary shall demand from a borrower as monthly payment amounts described in subparagraph (A) more than is reasonable and affordable based on the borrower’s total financial circumstances. With respect to a borrower who has 1 or more loans made under part D on or after July 1, 2027 that are described in subparagraph (A), the total monthly payment of the borrower for all such loans shall not be less than $10.
  • 20 U.S.C. § 1078–6(a)(1)(C)
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    (C) Upon the sale or assignment of the loan, the Secretary, guaranty agency or other holder of the loan shall request any consumer reporting agency to which the Secretary, guaranty agency or holder, as applicable, reported the default of the loan, to remove the record of the default from the borrower’s credit history.
  • 20 U.S.C. § 1078–6(a)(1)(D)(i)(I)
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    (I) shall, in the case of a sale made on or after July 1, 2014, repay the Secretary 100 percent of the amount of the principal balance outstanding at the time of such sale, multiplied by the reinsurance percentage in effect when payment under the guaranty agreement was made with respect to the loan; and
  • 20 U.S.C. § 1078–6(a)(1)(D)(ii)
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    (ii) the Secretary shall reinstate the Secretary’s obligation to—
    (I) reimburse the guaranty agency for the amount that the agency may, in the future, expend to discharge the guaranty agency’s insurance obligation; and
    (II) pay to the holder of such loan a special allowance pursuant to section 1087–1 of this title.
  • 20 U.S.C. § 1078–6(a)(1)(E)(ii)
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    (ii) the Secretary shall pay the guaranty agency, for deposit in the agency’s Operating Fund established pursuant to section 1072b of this title, an amount equal to the amount added to the principal and interest outstanding at the time of the assignment in accordance with clause (i).
  • 20 U.S.C. § 1078–6(a)(1)(F)
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    (F) A loan shall not be sold to an eligible lender under subparagraph (A)(i) if such lender has been found by the guaranty agency or the Secretary to have substantially failed to exercise the due diligence required of lenders under this part.
  • 20 U.S.C. § 1078–6(a)(2)
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    (2) Amounts received by the Secretary pursuant to the sale of such loans by a guaranty agency under paragraph (1)(A)(i) shall be deducted from the calculations of the amount of reimbursement for which the agency is eligible under paragraph (1)(D)(ii)(I) for the fiscal year in which the amount was received, notwithstanding the fact that the default occurred in a prior fiscal year.
  • 20 U.S.C. § 1078–6(b)
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    (b) Each guaranty agency shall establish a program which allows a borrower with a defaulted loan or loans to renew eligibility for all subchapter IV student financial assistance (regardless of whether the defaulted loan has been sold to an eligible lender or assigned to the Secretary) upon the borrower’s payment of 6 consecutive monthly payments. The guaranty agency shall not demand from a borrower as a monthly payment amount under this subsection more than is reasonable and affordable based upon the borrower’s total financial circumstances. A borrower may only obtain the benefit of this subsection with respect to renewed eligibility once.
  • 20 U.S.C. § 1078–8(b)
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    (b) Prior to July 1, 2010, any student meeting the requirements for student eligibility under section 1091 of this title (including graduate and professional students as defined in regulations promulgated by the Secretary) shall be entitled to borrow an unsubsidized Federal Stafford Loan for which the first disbursement is made before such date if the eligible institution at which the student has been accepted for enrollment, or at which the student is in attendance, has—
    (1) determined and documented the student’s need for the loan based on the student’s estimated cost of attendance (as determined under section 1087ll of this title) and the student’s estimated financial assistance, including a loan which qualifies for interest subsidy payments under section 1078 of this title; and
    (2) provided the lender a statement—
    (A) certifying the eligibility of the student to receive a loan under this section and the amount of the loan for which such student is eligible, in accordance with subsection (c); and
    (B) setting forth a schedule for disbursement of the proceeds of the loan in installments, consistent with the requirements of section 1078–7 of this title.
  • 20 U.S.C. § 1078–8(d)(2)(A)
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    (A) The maximum annual amount of loans under this section a graduate or professional student, or a student described in clause (ii), may borrow in any academic year (as defined in section 1088(a)(2) of this title) or its equivalent shall be the amount determined under paragraph (1), plus—
    (i) in the case of such a student who is a graduate or professional student attending an eligible institution, $12,000; and
    (ii) notwithstanding paragraph (4), in the case of an independent student, or a dependent student whose parents are unable to borrow under section 1078–2 of this title or the Federal Direct PLUS Loan Program, who has obtained a baccalaureate degree and who is enrolled in coursework specified in paragraph (3)(B) or (4)(B) of section 1091(b) of this title—
    (I) $7,000 for coursework necessary for enrollment in a graduate or professional program; and
    (II) $7,000 for coursework necessary for a professional credential or certification from a State required for employment as a teacher in an elementary or secondary school,
    except in cases where the Secretary determines that a higher amount is warranted in order to carry out the purpose of this part with respect to students engaged in specialized training requiring exceptionally high costs of education, but the annual insurable limit per student shall not be deemed to be exceeded by a line of credit under which actual payments by the lender to the borrower will not be made in any years in excess of the annual limit.
  • 20 U.S.C. § 1078–8(d)(2)(B)
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    (B) The maximum aggregate amount of loans under this section a student described in subparagraph (A) may borrow shall be the amount described in paragraph (1), adjusted to reflect the increased annual limits described in subparagraph (A), as prescribed by the Secretary by regulation.
  • 20 U.S.C. § 1078–8(h)
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    (h) Each State or nonprofit private institution or organization having an agreement with the Secretary under section 1078(b)(1) of this title may charge a borrower under this section an insurance premium equal to not more than 1.0 percent of the principal amount of the loan, if such premium will not be used for incentive payments to lenders. Effective for loans for which the date of guarantee of principal is on or after July 1, 2006, and that are first disbursed before July 1, 2010, in lieu of the insurance premium authorized under the preceding sentence, each State or nonprofit private institution or organization having an agreement with the Secretary under section 1078(b)(1) of this title shall collect and deposit into the Federal Student Loan Reserve Fund under section 1072a of this title, a Federal default fee of an amount equal to 1.0 percent of the principal amount of the loan, which fee shall be collected either by deduction from the proceeds of the loan or by payment from other non-Federal sources. The Federal default fee shall not be used for incentive payments to lenders.
  • 20 U.S.C. § 1079(a)(1)
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    (1) If, upon application by an eligible lender, made upon such form, containing such information, and supported by such evidence as the Secretary may require, and otherwise in conformity with this section, the Secretary finds that the applicant has made a loan to an eligible student which is insurable under the provisions of this part, he may issue to the applicant a certificate of insurance covering the loan and setting forth the amount and terms of the insurance.
  • 20 U.S.C. § 1079(a)(2)
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    (2) Insurance evidenced by a certificate of insurance pursuant to subsection (a)(1) shall become effective upon the date of issuance of the certificate, except that the Secretary is authorized, in accordance with regulations, to issue commitments with respect to proposed loans, or with respect to lines (or proposed lines) of credit, submitted by eligible lenders, and in that event, upon compliance with subsection (a)(1) by the lender, the certificate of insurance may be issued effective as of the date when any loan, or any payment by the lender pursuant to a line of credit, to be covered by such insurance was made. Such insurance shall cease to be effective upon 60 days’ default by the lender in the payment of any installment of the premiums payable pursuant to subsection (c).
  • 20 U.S.C. § 1079(a)(3)
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    (3) An application submitted pursuant to subsection (a)(1) shall contain (A) an agreement by the applicant to pay, in accordance with regulations, the premiums fixed by the Secretary pursuant to subsection (c), and (B) an agreement by the applicant that if the loan is covered by insurance the applicant will submit such supplementary reports and statement during the effective period of the loan agreement, upon such forms, at such times, and containing such information as the Secretary may prescribe by or pursuant to regulation.
  • 20 U.S.C. § 1079(b)(1)
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    (1) In lieu of requiring a separate insurance application and issuing a separate certificate of insurance for each student loan made by an eligible lender as provided in subsection (a), the Secretary may, in accordance with regulations consistent with section 1074 of this title, issue to any eligible lender applying therefor a certificate of comprehensive insurance coverage which shall, without further action by the Secretary, insure all insurable loans made by that lender, on or after the date of the certificate and before a specified cutoff date, within the limits of an aggregate maximum amount stated in the certificate. Such regulations may provide for conditioning such insurance, with respect to any loan, upon compliance by the lender with such requirements (to be stated or incorporated by reference in the certificate) as in the Secretary’s judgment will best achieve the purpose of this subsection while protecting the United States from the risk of unreasonable loss and promoting the objectives of this part, including (but not limited to) provisions as to the reporting of such loans and information relevant thereto to the Secretary and as to the payment of initial and other premiums and the effect of default therein, and including provision for confirmation by the Secretary from time to time (through endorsement of the certificate) of the coverage of specific new loans by such certificate, which confirmation shall be incontestable by the Secretary in the absence of fraud or misrepresentation of fact or patent error.
  • 20 U.S.C. § 1079(b)(2)
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    (2) If the holder of a certificate of comprehensive insurance coverage issued under this subsection grants to a student a line of credit extending beyond the cutoff date specified in that certificate, loans or payments thereon made by the holder after that date pursuant to the line of credit shall not be deemed to be included in the coverage of that certificate except as may be specifically provided therein; but, subject to the limitations of section 1074 of this title, the Secretary may, in accordance with regulations, make commitments to insure such future loans or payments, and such commitments may be honored either as provided in subsection (a) or by inclusion of such insurance on comprehensive coverage under the subsection for the period or periods in which such future loans or payments are made.
  • 20 U.S.C. § 1079(c)
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    (c) The Secretary shall, pursuant to regulations, charge for insurance on each loan under this part a premium in an amount not to exceed one-fourth of 1 percent per year of the unpaid principal amount of such loan (excluding interest added to principal), payable in advance, at such times and in such manner as may be prescribed by the Secretary. Such regulations may provide that such premium shall not be payable, or if paid shall be refundable, with respect to any period after default in the payment of principal or interest or after the borrower has died or becomes totally and permanently disabled, if (1) notice of such default or other event has been duly given, and (2) requests for payment of the loss insured against has been made or the Secretary has made such payment on his own motion pursuant to section 1080(a) of this title.
  • 20 U.S.C. § 1079(d)
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    (d) The rights of an eligible lender arising under insurance evidenced by a certificate of insurance issued to it under this section may be assigned as security by such lender only to another eligible lender, and subject to regulation by the Secretary.
  • 20 U.S.C. § 1079(e)
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    (e) The consolidation of the obligations of two or more federally insured loans obtained by a student borrower in any fiscal year into a single obligation evidenced by a single instrument of indebtedness shall not affect the insurance by the United States. If the loans thus consolidated are covered by separate certificates of insurance issued under subsection (a), the Secretary may upon surrender of the original certificates issue a new certificate of insurance in accordance with that subsection upon the consolidated obligation; if they are covered by a single comprehensive certificate issued under subsection (b), the Secretary may amend that certificate accordingly.
  • 20 U.S.C. § 1080(a)
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    (a) Upon default by the student borrower on any loan covered by Federal loan insurance pursuant to this part, and prior to the commencement of suit or other enforcement proceedings upon security for that loan, the insurance beneficiary shall promptly notify the Secretary, and the Secretary shall if requested (at that time or after further collection efforts) by the beneficiary, or may on the Secretary’s own motion, if the insurance is still in effect, pay to the beneficiary the amount of the loss sustained by the insured upon that loan as soon as that amount has been determined. The “amount of the loss” on any loan shall, for the purposes of this subsection and subsection (b), be deemed to be an amount equal to the unpaid balance of the principal amount and accrued interest, including interest accruing from the date of submission of a valid default claim (as determined by the Secretary) to the date on which payment is authorized by the Secretary, reduced to the extent required by section 1075(b) of this title. Such beneficiary shall be required to meet the standards of due diligence in the collection of the loan and shall be required to submit proof that the institution was contacted and other reasonable attempts were made to locate the borrower (when the location of the borrower is unknown) and proof that contact was made with the borrower (when the location is known). The Secretary shall make the determination required to carry out the provisions of this section not later than 90 days after the notification by the insurance beneficiary and shall make payment in full on the amount of the beneficiary’s loss pending completion of the due diligence investigation.
  • 20 U.S.C. § 1080(b)
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    (b) Upon payment of the amount of the loss pursuant to subsection (a), the United States shall be subrogated for all of the rights of the holder of the obligation upon the insured loan and shall be entitled to an assignment of the note or other evidence of the insured loan by the insurance beneficiary. If the net recovery made by the Secretary on a loan after deduction of the cost of that recovery (including reasonable administrative costs and collection costs, to the extent set forth in regulations issued by the Secretary) exceeds the amount of the loss, the excess shall be paid over to the insured. The Secretary may, in attempting to make recovery on such loans, contract with private business concerns, State student loan insurance agencies, or State guaranty agencies, for payment for services rendered by such concerns or agencies in assisting the Secretary in making such recovery. Any contract under this subsection entered into by the Secretary shall provide that attempts to make recovery on such loans shall be fair and reasonable, and do not involve harassment, intimidation, false or misleading representations, or unnecessary communications concerning the existence of any such loan to persons other than the student borrower.
  • 20 U.S.C. § 1080(c)
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    (c) Nothing in this section or in this part shall be construed to preclude any forbearance for the benefit of the student borrower which may be agreed upon by the parties to the insured loan and approved by the Secretary, or to preclude forbearance by the Secretary in the enforcement of the insured obligation after payment on that insurance. Any forbearance which is approved by the Secretary under this subsection with respect to the repayment of a loan, including a forbearance during default, shall not be considered as indicating that a holder of a federally insured loan has failed to exercise reasonable care and due diligence in the collection of the loan.
  • 20 U.S.C. § 1080(d)
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    (d) Nothing in this section or in this part shall be construed to excuse the holder of a federally insured loan from exercising reasonable care and diligence in the making and collection of loans under the provisions of this part. If the Secretary, after a reasonable notice and opportunity for hearing to an eligible lender, finds that it has substantially failed to exercise such care and diligence or to make the reports and statements required under section 1078(a)(4) of this title and section 1079(a)(3) of this title, or to pay the required Federal loan insurance premiums, the Secretary shall disqualify that lender for further Federal insurance on loans granted pursuant to this part until the Secretary is satisfied that its failure has ceased and finds that there is reasonable assurance that the lender will in the future exercise necessary care and diligence or comply with such requirements, as the case may be.
  • 20 U.S.C. § 1080(e)(1)
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    (1) The Secretary shall annually publish a list indicating the cohort default rate (determined in accordance with section 1085(m) of this title) for each originating lender, subsequent holder, and guaranty agency participating in the program assisted under this part and an average cohort default rate for all institutions of higher education within each State.
  • 20 U.S.C. § 1080(e)(2)
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    (2) The Secretary shall prescribe regulations designed to prevent an institution from evading the application to that institution of a cohort default rate through the use of such measures as branching, consolidation, change of ownership or control, or any similar device.
  • 20 U.S.C. § 1080(e)(3)
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    (3) The Secretary shall establish a cohort default rate for lenders, holders, and guaranty agencies (determined consistent with section 1085(m) of this title), except that the rate for lenders, holders, and guaranty agencies shall not reflect any loans issued in accordance with section 1078(j) of this title. The Secretary shall allow institutions, lenders, holders, and guaranty agencies the opportunity to correct such cohort default rate information.
  • 20 U.S.C. § 1080a(a)
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    (a) For the purpose of promoting responsible repayment of loans covered by Federal loan insurance pursuant to this part or covered by a guaranty agreement pursuant to section 1078 of this title, the Secretary and each guaranty agency, eligible lender, and subsequent holder shall enter into an agreement with each consumer reporting agency to exchange information concerning student borrowers, in accordance with the requirements of this section. For the purpose of assisting such consumer reporting agencies in complying with the Fair Credit Reporting Act [15 U.S.C. 1681 et seq.], such agreements may provide for timely response by the Secretary (concerning loans covered by Federal loan insurance) or by a guaranty agency, eligible lender, or subsequent holder (concerning loans covered by a guaranty agreement), or to requests from such consumer reporting agencies for responses to objections raised by borrowers. Subject to the requirements of subsection (c), such agreements shall require the Secretary or the guaranty agency, eligible lender, or subsequent holder, as appropriate, to disclose to such consumer reporting agencies, with respect to any loan under this part that has not been repaid by the borrower—
    (1) that the loan is an education loan (as such term is defined in section 1019 of this title);
    (2) the total amount of loans made to any borrower under this part and the remaining balance of the loans;
    (3) information concerning the repayment status of the loan for inclusion in the file of the borrower, except that nothing in this subsection shall be construed to affect any otherwise applicable provision of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);
    (4) information concerning the date of any default on the loan and the collection of the loan, including information concerning the repayment status of any defaulted loan on which the Secretary has made a payment pursuant to section 1080(a) of this title or the guaranty agency has made a payment to the previous holder of the loan; and
    (5) the date of cancellation of the note upon completion of repayment by the borrower of the loan or payment by the Secretary pursuant to section 1087 of this title.
  • 20 U.S.C. § 1080a(a)(4)
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    (4) information concerning the date of any default on the loan and the collection of the loan, including information concerning the repayment status of any defaulted loan on which the Secretary has made a payment pursuant to section 1080(a) of this title or the guaranty agency has made a payment to the previous holder of the loan; and
  • 20 U.S.C. § 1080a(a)(5)
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    (5) the date of cancellation of the note upon completion of repayment by the borrower of the loan or payment by the Secretary pursuant to section 1087 of this title.
  • 20 U.S.C. § 1080a(b)
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    (b) Such agreements may also provide for the disclosure by such consumer reporting agencies to the Secretary or a guaranty agency, whichever insures or guarantees a loan, upon receipt of a notice under subsection (a)(4) that such a loan is in default, of information concerning the borrower’s location or other information which may assist the Secretary, the guaranty agency, the eligible lender, or the subsequent holder in collecting the loan.
  • 20 U.S.C. § 1080a(c)(1)
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    (1) no information is disclosed by the Secretary or the guaranty agency, eligible lender, or subsequent holder unless its accuracy and completeness have been verified and the Secretary or the guaranty agency has determined that disclosure would accomplish the purpose of this section;
  • 20 U.S.C. § 1080a(c)(2)
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    (2) as to any information so disclosed, such consumer reporting agencies will be promptly notified of, and will promptly record, any change submitted by the Secretary, the guaranty agency, eligible lender, or subsequent holder with respect to such information, or any objections by the borrower with respect to any such information, as required by section 611 of the Fair Credit Reporting Act (15 U.S.C. 1681i);
  • 20 U.S.C. § 1080a(c)(4)
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    (4) with regard to notices of default under subsection (a)(4) of this section, except for disclosures made to obtain the borrower’s location, the Secretary, or the guaranty agency, eligible lender, or subsequent holder whichever is applicable (A) shall not disclose any such information until the borrower has been notified that such information will be disclosed to consumer reporting agencies unless the borrower enters into repayment of his or her loan, but (B) shall, if the borrower has not entered into repayment within a reasonable period of time, but not less than 30 days, from the date such notice has been sent to the borrower, disclose the information required by this subsection.
  • 20 U.S.C. § 1080a(e)
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    (e) The Secretary and each guaranty agency, eligible lender, and subsequent holder of a loan are authorized to disclose information described in subsections (a) and (b) concerning student borrowers to the eligible institutions such borrowers attend or previously attended. To further the purpose of this section, an eligible institution may enter into an arrangement with any or all of the holders of delinquent loans made to borrowers who attend or previously attended such institution for the purpose of providing current information regarding the borrower’s location or employment or for the purpose of assisting the holder in contacting and influencing borrowers to avoid default.
  • 20 U.S.C. § 1080a(f)
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    (f) Notwithstanding paragraphs (4) and (5) of subsection (a) of section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)(4), (a)(5)), a consumer reporting agency may make a report containing information received from the Secretary or a guaranty agency, eligible lender, or subsequent holder regarding the status of a borrower’s defaulted account on a loan guaranteed under this part until—
    (1) 7 years from the date on which the Secretary or the agency paid a claim to the holder on the guaranty;
    (2) 7 years from the date the Secretary, guaranty agency, eligible lender, or subsequent holder first reported the account to the consumer reporting agency; or
    (3) in the case of a borrower who reenters repayment after defaulting on a loan and subsequently goes into default on such loan, 7 years from the date the loan entered default such subsequent time.
  • 20 U.S.C. § 1080a(f)(1)
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    (1) 7 years from the date on which the Secretary or the agency paid a claim to the holder on the guaranty;
  • 20 U.S.C. § 1080a(f)(2)
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    (2) 7 years from the date the Secretary, guaranty agency, eligible lender, or subsequent holder first reported the account to the consumer reporting agency; or
  • 20 U.S.C. § 1081(a)
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    (a) There is hereby established a student loan insurance fund (hereinafter in this section called the “fund”) which shall be available without fiscal year limitation to the Secretary for making payments in connection with the default of loans insured by the Secretary under this part, or in connection with payments under a guaranty agreement under section 1078(c) of this title. All amounts received by the Secretary as premium charges for insurance and as receipts, earnings, or proceeds derived from any claim or other assets acquired by the Secretary in connection with operations under this part, any excess advances under section 1072 of this title, and any other moneys, property, or assets derived by the Secretary from operations in connection with this section, shall be deposited in the fund. All payments in connection with the default of loans insured by the Secretary under this part, or in connection with such guaranty agreements shall be paid from the fund. Moneys in the fund not needed for current operations under this section may be invested in bonds or other obligations guaranteed as to principal and interest by the United States.
  • 20 U.S.C. § 1081(b)
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    (b) If at any time the moneys in the fund are insufficient to make payments in connection with the default of any loan insured by the Secretary under this part, or in connection with any guaranty agreement made under section 1078(c) of this title, the Secretary is authorized, to the extent provided in advance by appropriations Acts, to issue to the Secretary of the Treasury notes or other obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions as may be prescribed by the Secretary with the approval of the Secretary of the Treasury. Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the notes or other obligations. The Secretary of the Treasury is authorized and directed to purchase any notes and other obligations issued hereunder and for that purpose is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, and the purposes for which securities may be issued under that chapter, are extended to include any purchase of such notes and obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired under this subsection. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States. Sums borrowed under the subsection shall be deposited in the fund and redemption of such notes and obligations shall be made by the Secretary from such fund.
  • 20 U.S.C. § 1082(a)
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    (a) In the performance of, and with respect to, the functions, powers, and duties, vested in him by this part, the Secretary may—
    (1) prescribe such regulations as may be necessary to carry out the purposes of this part, including regulations applicable to third party servicers (including regulations concerning financial responsibility standards for, and the assessment of liabilities for program violations against, such servicers) to establish minimum standards with respect to sound management and accountability of programs under this part, except that in no case shall damages be assessed against the United States for the actions or inactions of such servicers;
    (2) sue and be sued in any court of record of a State having general jurisdiction or in any district court of the United States, and such district courts shall have jurisdiction of civil actions arising under this part without regard to the amount in controversy, and action instituted under this subsection by or against the Secretary shall survive notwithstanding any change in the person occupying the office of Secretary or any vacancy in that office; but no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Secretary or property under the Secretary’s control and nothing herein shall be construed to except litigation arising out of activities under this part from the application of sections 509, 517, 547, and 2679 of title 28;
    (3) include in any contract for Federal loan insurance such terms, conditions, and covenants relating to repayment of principal and payment of interest, relating to the Secretary’s obligations and rights to those of eligible lenders, and borrowers in case of default, and relating to such other matters as the Secretary determines to be necessary to assure that the purposes of this part will be achieved; and any term, condition, and covenant made pursuant to this paragraph or pursuant to any other provision of this part may be modified by the Secretary, after notice and opportunity for a hearing, if the Secretary finds that the modification is necessary to protect the United States from the risk of unreasonable loss;
    (4) subject to the specific limitations in this part, consent to modification, with respect to rate of interest, time of payment of any installment of principal and interest or any portion thereof, or any other provision of any note or other instrument evidencing a loan which has been insured by the Secretary under this part;
    (5) enforce, pay, or compromise, any claim on, or arising because of, any such insurance or any guaranty agreement under section 1078(c) of this title; and
    (6) enforce, pay, compromise, waive, or release any right, title, claim, lien, or demand, however acquired, including any equity or any right of redemption.
  • 20 U.S.C. § 1082(a)(2)
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    (2) sue and be sued in any court of record of a State having general jurisdiction or in any district court of the United States, and such district courts shall have jurisdiction of civil actions arising under this part without regard to the amount in controversy, and action instituted under this subsection by or against the Secretary shall survive notwithstanding any change in the person occupying the office of Secretary or any vacancy in that office; but no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Secretary or property under the Secretary’s control and nothing herein shall be construed to except litigation arising out of activities under this part from the application of sections 509, 517, 547, and 2679 of title 28;
  • 20 U.S.C. § 1082(a)(3)
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    (3) include in any contract for Federal loan insurance such terms, conditions, and covenants relating to repayment of principal and payment of interest, relating to the Secretary’s obligations and rights to those of eligible lenders, and borrowers in case of default, and relating to such other matters as the Secretary determines to be necessary to assure that the purposes of this part will be achieved; and any term, condition, and covenant made pursuant to this paragraph or pursuant to any other provision of this part may be modified by the Secretary, after notice and opportunity for a hearing, if the Secretary finds that the modification is necessary to protect the United States from the risk of unreasonable loss;
  • 20 U.S.C. § 1082(a)(4)
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    (4) subject to the specific limitations in this part, consent to modification, with respect to rate of interest, time of payment of any installment of principal and interest or any portion thereof, or any other provision of any note or other instrument evidencing a loan which has been insured by the Secretary under this part;
  • 20 U.S.C. § 1082(b)
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    (b) The Secretary shall, with respect to the financial operations arising by reason of this part prepare annually and submit a budget program as provided for wholly owned Government corporations by chapter 91 of title 31. The transactions of the Secretary, including the settlement of insurance claims and of claims for payments pursuant to section 1078 of this title, and transactions related thereto and vouchers approved by the Secretary in connection with such transactions, shall be final and conclusive upon all accounting and other officers of the Government. The Secretary may not enter into any settlement of any claim under this subchapter that exceeds $1,000,000 unless—
    (1) the Secretary requests a review of the proposed settlement of such claim by the Attorney General; and
    (2) the Attorney General responds to such request, which may include, at the Attorney General’s discretion, a written opinion related to such proposed settlement.
  • 20 U.S.C. § 1082(b)(1)
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    (1) the Secretary requests a review of the proposed settlement of such claim by the Attorney General; and
  • 20 U.S.C. § 1082(c)(1)(A)
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    (A) For loans insured after December 31, 1976, or in the case of each insurer after such earlier date where the data required by this subsection are available, the Secretary and all other insurers under this part shall collect and accumulate all data relating to (i) loan volume insured and (ii) defaults reimbursed or default rates according to the categories of loans listed in subparagraph (B) of this paragraph.
  • 20 U.S.C. § 1082(c)(1)(C)
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    (C) The Secretary may designate such additional subcategories within the categories specified in subparagraph (B) of this paragraph as the Secretary deems appropriate.
  • 20 U.S.C. § 1082(c)(2)(A)
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    (A) The Secretary shall collect data under this subsection from all insurers under this part and shall publish not less often than once every fiscal year a report showing loan volume guaranteed and default data for each category specified in subparagraph (B) of paragraph (1) of this subsection and for the total of all lenders.
  • 20 U.S.C. § 1082(c)(2)(B)
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    (B) The reports specified in subparagraph (A) of this paragraph shall include a separate report for each insurer under this part including the Secretary, and where an insurer insures loans for lenders in more than one State, such insurer’s report shall list all data separately for each State.
  • 20 U.S.C. § 1082(c)(3)
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    (3) For purposes of clarity in communications, the Secretary shall separately identify loans made by the lenders referred to in clause (i) and loans made by the lenders referred to in clause (ii) of paragraph (1)(B) of this subsection.
  • 20 U.S.C. § 1082(d)(1)
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    (1) The functions of the Secretary under this part listed in paragraph (2) of this subsection may be delegated to employees in the regional office of the Department.
  • 20 U.S.C. § 1082(d)(2)(B)
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    (B) receiving claims for payments under section 1080(a) of this title, examining those claims, and pursuant to regulations of the Secretary, approving claims for payment, or requiring lenders to take additional collection action as a condition for payment of claims; and
  • 20 U.S.C. § 1082(d)(2)(C)
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    (C) certifying to the central office when collection of defaulted loans has been completed, compromising or agreeing to the modification of any Federal claim against a borrower (pursuant to regulations of the Secretary issued under subsection (a)), and recommending litigation with respect to any such claim.
  • 20 U.S.C. § 1082(e)
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    (e) Notwithstanding any other provision of law, the Secretary may provide to eligible lenders, and to any guaranty agency having a guaranty agreement under section 1078(c)(1) of this title, any information with respect to the names and addresses of borrowers or other relevant information which is available to the Secretary, from whatever source such information may be derived.
  • 20 U.S.C. § 1082(f)(1)(A)
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    (A) any guaranty agency operating under an agreement with the Secretary pursuant to section 1078(b) of this title;
  • 20 U.S.C. § 1082(f)(4)
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    (4) In conducting audits pursuant to this subsection, the Comptroller General and the Inspector General of the Department of Education shall audit the records to determine the extent to which they, at a minimum, comply with Federal statutes, and rules and regulations prescribed by the Secretary, in effect at the time that the record was made, and in no case shall the Comptroller General or the Inspector General apply subsequently determined standards, procedures, or regulations to the records of such agency, lender, or Authority.
  • 20 U.S.C. § 1082(g)(1)
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    (1) Upon determination, after reasonable notice and opportunity for a hearing, that a lender or a guaranty agency—
    (A) has violated or failed to carry out any provision of this part or any regulation prescribed under this part, or
    (B) has engaged in substantial misrepresentation of the nature of its financial charges,
    the Secretary may impose a civil penalty upon such lender or agency of not to exceed $25,000 for each violation, failure, or misrepresentation.
  • 20 U.S.C. § 1082(g)(2)
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    (2) No civil penalty may be imposed under paragraph (1) of this subsection unless the Secretary determines that—
    (A) the violation, failure, or substantial misrepresentation referred to in that paragraph resulted from a violation, failure, or misrepresentation that is material; and
    (B) the lender or guaranty agency knew or should have known that its actions violated or failed to carry out the provisions of this part or the regulations thereunder.
  • 20 U.S.C. § 1082(g)(3)
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    (3) A lender or guaranty agency has no liability under paragraph (1) of this subsection if, prior to notification by the Secretary under that paragraph, the lender or guaranty agency cures or corrects the violation or failure or notifies the person who received the substantial misrepresentation of the actual nature of the financial charges involved.
  • 20 U.S.C. § 1082(g)(4)
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    (4) For the purpose of paragraph (1) of this subsection, violations, failures, or substantial misrepresentations arising from a specific practice of a lender or guaranty agency, and occurring prior to notification by the Secretary under that paragraph, shall be deemed to be a single violation, failure, or substantial misrepresentation even if the violation, failure, or substantial misrepresentation affects more than one loan or more than one borrower, or both. The Secretary may only impose a single civil penalty for each such violation, failure, or substantial misrepresentation.
  • 20 U.S.C. § 1082(g)(6)
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    (6) Until a matter is referred to the Attorney General, any civil penalty under paragraph (1) of this subsection may be compromised by the Secretary. In determining the amount of such penalty, or the amount agreed upon in compromise, the Secretary shall consider the appropriateness of the penalty to the resources of the lender or guaranty agency subject to the determination; the gravity of the violation, failure, or substantial misrepresentation; the frequency and persistence of the violation, failure, or substantial misrepresentation; and the amount of any losses resulting from the violation, failure, or substantial misrepresentation. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the lender or agency charged, unless the lender or agency has, in the case of a final agency determination, commenced proceedings for judicial review within 90 days of the determination, in which case the deduction may not be made during the pendency of the proceeding.
  • 20 U.S.C. § 1082(h)(1)(A)
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    (A) If the Secretary, after a reasonable notice and opportunity for hearing to an eligible lender, finds that the eligible lender—
    (i) has substantially failed—
    (I) to exercise reasonable care and diligence in the making and collecting of loans under the provisions of this part,
    (II) to make the reports or statements under section 1078(a)(4) of this title, or
    (III) to pay the required loan insurance premiums to any guaranty agency, or
    (ii) has engaged in—
    (I) fraudulent or misleading advertising or in solicitations that have resulted in the making of loans insured or guaranteed under this part to borrowers who are ineligible; or
    (II) the practice of making loans that violate the certification for eligibility provided in section 1078 of this title,
    the Secretary shall limit, suspend, or terminate that lender from participation in the insurance programs operated by guaranty agencies under this part.
  • 20 U.S.C. § 1082(h)(1)(B)
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    (B) The Secretary shall not lift any such limitation, suspension, or termination until the Secretary is satisfied that the lender’s failure under subparagraph (A)(i) of this paragraph or practice under subparagraph (A)(ii) of this paragraph has ceased and finds that there are reasonable assurances that the lender will—
    (i) exercise the necessary care and diligence,
    (ii) comply with the requirements described in subparagraph (A)(i), or
    (iii) cease to engage in the practices described in subparagraph (A)(ii),
    as the case may be.
  • 20 U.S.C. § 1082(h)(2)(A)
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    (A) The Secretary shall review each limitation, suspension, or termination imposed by any guaranty agency pursuant to section 1078(b)(1)(U) of this title within 60 days after receipt by the Secretary of a notice from the guaranty agency of the imposition of such limitation, suspension, or termination, unless the right to such review is waived in writing by the lender. The Secretary shall uphold the imposition of such limitation, suspension, or termination in the student loan insurance program of each of the guaranty agencies under this part, and shall notify such guaranty agencies of such sanction—
    (i) if such review is waived; or
    (ii) if such review is not waived, unless the Secretary determines that the limitation, suspension, or termination was not imposed in accordance with requirements of such section.
  • 20 U.S.C. § 1082(h)(2)(A)(ii)
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    (ii) if such review is not waived, unless the Secretary determines that the limitation, suspension, or termination was not imposed in accordance with requirements of such section.
  • 20 U.S.C. § 1082(h)(2)(B)
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    (B) The Secretary’s review under this paragraph of the limitation, suspension, or termination imposed by a guaranty agency pursuant to section 1078(b)(1)(U) of this title shall be limited to—
    (i) a review of the written record of the proceedings in which the guaranty agency imposed such sanctions; and
    (ii) a determination as to whether the guaranty agency complied with section 1078(b)(1)(U) of this title and any notice and hearing requirements prescribed in regulations of the Secretary under this part.
  • 20 U.S.C. § 1082(h)(2)(B)(ii)
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    (ii) a determination as to whether the guaranty agency complied with section 1078(b)(1)(U) of this title and any notice and hearing requirements prescribed in regulations of the Secretary under this part.
  • 20 U.S.C. § 1082(h)(2)(C)
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    (C) The Secretary shall not lift any such sanction until the Secretary is satisfied that the lender has corrected the failures which led to the limitation, suspension, or termination, and finds that there are reasonable assurances that the lender will, in the future, comply with the requirements of this part. The Secretary shall notify each guaranty agency of the lifting of any such sanction.
  • 20 U.S.C. § 1082(h)(3)(A)
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    (A) The Secretary shall review each limitation, suspension, or termination imposed by any guaranty agency pursuant to section 1078(b)(1)(T) of this title within 60 days after receipt by the Secretary of a notice from the guaranty agency of the imposition of such limitation, suspension, or termination, unless the right to such review is waived in writing by the institution. The Secretary shall uphold the imposition of such limitation, suspension, or termination in the student loan insurance program of each of the guaranty agencies under this part, and shall notify such guaranty agencies of such sanctions—
    (i) if such review is waived; or
    (ii) if such review is not waived, unless the Secretary determines that the limitation, suspension, or termination was not imposed in accordance with requirements of such section.
  • 20 U.S.C. § 1082(h)(3)(A)(ii)
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    (ii) if such review is not waived, unless the Secretary determines that the limitation, suspension, or termination was not imposed in accordance with requirements of such section.
  • 20 U.S.C. § 1082(h)(3)(B)
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    (B) The Secretary’s review under this paragraph of the limitation, suspension, or termination imposed by a guaranty agency pursuant to section 1078(b)(1)(T) of this title shall be limited to—
    (i) a review of the written record of the proceedings in which the guaranty agency imposed such sanctions; and
    (ii) a determination as to whether the guaranty agency complied with section 1078(b)(1)(T) of this title and any notice and hearing requirements prescribed in regulations of the Secretary under this part.
  • 20 U.S.C. § 1082(h)(3)(B)(ii)
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    (ii) a determination as to whether the guaranty agency complied with section 1078(b)(1)(T) of this title and any notice and hearing requirements prescribed in regulations of the Secretary under this part.
  • 20 U.S.C. § 1082(h)(3)(C)
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    (C) The Secretary shall not lift any such sanction until the Secretary is satisfied that the institution has corrected the failures which led to the limitation, suspension, or termination, and finds that there are reasonable assurances that the institution will, in the future, comply with the requirements of this part. The Secretary shall notify each guaranty agency of the lifting of any such sanction.
  • 20 U.S.C. § 1082(i)
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    (i) In the event that all other collection efforts have failed, the Secretary is authorized to sell defaulted student loans assigned to the United States under this part to collection agencies, eligible lenders, guaranty agencies, or other qualified purchaser on such terms as the Secretary determines are in the best financial interests of the United States. A loan may not be sold pursuant to this subsection if such loan is in repayment status.
  • 20 U.S.C. § 1082(j)(1)
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    (1) If the Secretary—
    (A) receives information, determined by the Secretary to be reliable, that a lender is violating any provision of this subchapter, any regulation prescribed under this subchapter, or any applicable special arrangement, agreement, or limitation;
    (B) determines that immediate action is necessary to prevent misuse of Federal funds; and
    (C) determines that the likelihood of loss outweighs the importance of following the limitation, suspension, or termination procedures authorized in subsection (h);
    the Secretary shall, effective on the date on which a notice and statement of the basis of the action is mailed to the lender (by registered mail, return receipt requested), take emergency action to stop the issuance of guarantee commitments and the payment of interest benefits and special allowance to the lender.
  • 20 U.S.C. § 1082(j)(1)(A)
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    (A) receives information, determined by the Secretary to be reliable, that a lender is violating any provision of this subchapter, any regulation prescribed under this subchapter, or any applicable special arrangement, agreement, or limitation;
  • 20 U.S.C. § 1082(j)(3)
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    (3) The Secretary shall provide the lender, if it so requests, an opportunity to show cause that the emergency action is unwarranted.
  • 20 U.S.C. § 1082(k)(1)
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    (1) The Secretary shall undertake a program to encourage corporations and other private and public employers, including the Federal Government, to assist borrowers in repaying loans received under this subchapter, including providing employers with options for payroll deduction of loan payments and offering loan repayment matching provisions as part of employee benefit packages.
  • 20 U.S.C. § 1082(k)(2)
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    (2) The Secretary shall publicize models for providing the repayment assistance described in paragraph (1) and each year select entities that deserve recognition, through means devised by the Secretary, for the development of innovative plans for providing such assistance to employees.
  • 20 U.S.C. § 1082(k)(3)
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    (3) The Secretary shall recommend to the appropriate committees in the Senate and House of Representatives changes to statutes that could be made in order to further encourage such efforts.
  • 20 U.S.C. § 1082(l)(1)
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    (1) The Secretary shall, by regulation developed in consultation with guaranty agencies, lenders, institutions of higher education, secondary markets, students, third party servicers and other organizations involved in providing loans under this part, prescribe standardized forms and procedures regarding—
    (A) origination of loans;
    (B) electronic funds transfer;
    (C) guaranty of loans;
    (D) deferments;
    (E) forbearance;
    (F) servicing;
    (G) claims filing;
    (H) borrower status change and anticipated graduation date; and
    (I) cures.
  • 20 U.S.C. § 1082(l)(4)
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    (4) The Secretary shall review regulations prescribed pursuant to paragraph (1) and seek additional recommendations from guaranty agencies, lenders, institutions of higher education, students, secondary markets, third party servicers and other organizations involved in providing loans under this part, not less frequently than annually, for additional methods of simplifying and standardizing the administration of the programs authorized by this part.
  • 20 U.S.C. § 1082(m)(1)(A)
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    (A) The Secretary, in cooperation with representatives of guaranty agencies, eligible lenders, and organizations involved in student financial assistance, shall prescribe common application forms and promissory notes, or master promissory notes, to be used for applying for loans under this part.
  • 20 U.S.C. § 1082(m)(1)(B)
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    (B) The forms prescribed by the Secretary shall—
    (i) use clear, concise, and simple language to facilitate understanding of loan terms and conditions by applicants; and
    (ii) be formatted to require the applicant to clearly indicate a choice of lender.
  • 20 U.S.C. § 1082(m)(1)(C)
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    (C) For academic year 1999–2000 and succeeding academic years, the Secretary shall prescribe the form developed under section 1090 of this title as the application form under this part, other than for loans under sections 1078–2 and 1078–3 of this title.
  • 20 U.S.C. § 1082(m)(1)(D)(i)
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    (i) The Secretary shall develop and require the use of master promissory note forms for loans made under this part and part D. Such forms shall be available for periods of enrollment beginning not later than July 1, 2000. Each form shall allow eligible borrowers to receive, in addition to initial loans, additional loans for the same or subsequent periods of enrollment through a student confirmation process approved by the Secretary. Such forms shall be used for loans made under this part or part D as directed by the Secretary. Unless otherwise notified by the Secretary, each institution of higher education that participates in the program under this part or part D may use a master promissory note for loans under this part and part D.
  • 20 U.S.C. § 1082(m)(1)(D)(ii)
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    (ii) In developing the master promissory note under this subsection, the Secretary shall consult with representatives of guaranty agencies, eligible lenders, institutions of higher education, students, and organizations involved in student financial assistance.
  • 20 U.S.C. § 1082(m)(2)
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    (2) The Secretary, in cooperation with representatives of guaranty agencies, institutions of higher education, and lenders involved in loans made under this part, shall prescribe a common deferment reporting form to be used for the processing of deferments of loans made under this subchapter.
  • 20 U.S.C. § 1082(m)(3)
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    (3) The Secretary shall promulgate standards including necessary rules, regulations (including the definitions of all relevant terms), and procedures so as to require all lenders and guaranty agencies to report information on all aspects of loans made under this part in uniform formats, so as to permit the direct comparison of data submitted by individual lenders, servicers, or guaranty agencies.
  • 20 U.S.C. § 1082(n)(1)
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    (1) There are authorized to be appropriated $25,000,000 for fiscal year 1999 and each of the four succeeding fiscal years, for the Secretary to expend for default reduction management activities for the purposes of establishing a performance measure that will reduce defaults by 5 percent relative to the prior fiscal year. Such funds shall be in addition to, and not in lieu of, other appropriations made for such purposes.
  • 20 U.S.C. § 1082(n)(2)
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    (2) Allowable activities for which such funds shall be expended by the Secretary shall include the following: (A) program reviews; (B) audits; (C) debt management programs; (D) training activities; and (E) such other management improvement activities approved by the Secretary.
  • 20 U.S.C. § 1082(n)(3)
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    (3) The Secretary shall submit a plan, for inclusion in the materials accompanying the President’s budget each fiscal year, detailing the expenditure of funds authorized by this section to accomplish the 5 percent reduction in defaults. At the conclusion of the fiscal year, the Secretary shall report the Secretary’s findings and activities concerning the expenditure of funds and whether the performance measure was met. If the performance measure was not met, the Secretary shall report the following:
    (A) why the goal was not met, including an indication of any managerial deficiencies or of any legal obstacles;
    (B) plans and a schedule for achieving the established performance goal;
    (C) recommended legislative or regulatory changes necessary to achieve the goal; and
    (D) if the performance standard or goal is impractical or infeasible, why that is the case and what action is recommended, including whether the goal should be changed or the program altered or eliminated.
    This report shall be submitted to the Appropriations Committees of the House of Representatives and the Senate and to the authorizing committees.
  • 20 U.S.C. § 1082(o)
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    (o) In the event that the Secretary has determined that a guaranty agency is unable to meet its insurance obligations under this part, the holder of loans insured by the guaranty agency may submit insurance claims directly to the Secretary and the Secretary shall pay to the holder the full insurance obligation of the guaranty agency, in accordance with insurance requirements no more stringent than those of the guaranty agency. Such arrangements shall continue until the Secretary is satisfied that the insurance obligations have been transferred to another guarantor who can meet those obligations or a successor will assume the outstanding insurance obligations.
  • 20 U.S.C. § 1082(p)
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    (p) All officers and directors, and those employees and paid consultants of eligible institutions, eligible lenders, guaranty agencies, loan servicing agencies, accrediting agencies or associations, State licensing agencies or boards, and entities acting as secondary markets (including the Student Loan Marketing Association), who are engaged in making decisions as to the administration of any program or funds under this subchapter or as to the eligibility of any entity or individual to participate under this subchapter, shall report to the Secretary, in such manner and at such time as the Secretary shall require, on any financial interest which such individual may hold in any other entity participating in any program assisted under this subchapter.
  • 20 U.S.C. § 1083(f)(4)
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    (4) The Secretary may limit, suspend, or terminate the continued participation of an eligible lender in making loans under this part for failure by that lender to comply with this section.
  • 20 U.S.C. § 1085(a)(2)(A)
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    (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 (5); 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.
  • 20 U.S.C. § 1085(a)(2)(A)(i)
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    (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);
  • 20 U.S.C. § 1085(a)(2)(A)(iii)
    Go to provision →
    (iii) there are, in the judgment of the Secretary, other exceptional mitigating circumstances that would make the application of this paragraph inequitable.
  • 20 U.S.C. § 1085(a)(2)(D)
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    (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 E 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.
  • 20 U.S.C. § 1085(a)(3)
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    (3) An institution whose cohort default rate, calculated in accordance with subsection (m), is equal to or greater than the threshold percentage specified in paragraph (2)(B)(iv) for any two consecutive fiscal years may, not later than 30 days after the date the institution receives notification from the Secretary, file an appeal demonstrating exceptional mitigating circumstances, as defined in paragraph (5). The Secretary shall issue a decision on any such appeal not later than 45 days after the date of submission of the appeal. If the Secretary determines that the institution demonstrates exceptional mitigating circumstances, the Secretary may not subject the institution to provisional certification based solely on the institution’s cohort default rate.
  • 20 U.S.C. § 1085(a)(4)
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    (4) 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 D 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).
  • 20 U.S.C. § 1085(a)(6)(A)(i)
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    (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;
  • 20 U.S.C. § 1085(a)(6)(A)(iii)
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    (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.
  • 20 U.S.C. § 1085(a)(6)(B)
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    (B) 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.
  • 20 U.S.C. § 1085(a)(7)(A)(ii)
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    (ii) Each institution subject to this subparagraph shall submit the plan under clause (i) to the Secretary, who shall review the plan and offer technical assistance to the institution to promote improved student loan repayment.
  • 20 U.S.C. § 1085(a)(7)(B)(i)
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    (i) An institution whose cohort default rate is equal to or greater than the threshold percentage specified in paragraph (2)(B)(iv) for two consecutive fiscal years, shall require the institution’s default prevention task force established under subparagraph (A) to review and revise the plan required under such subparagraph, and shall submit such revised plan to the Secretary.
  • 20 U.S.C. § 1085(a)(7)(B)(ii)
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    (ii) The Secretary shall review each revised plan submitted in accordance with this subparagraph, and may direct that such plan be amended to include actions, with measurable objectives, that the Secretary determines, based on available data and analyses of student loan defaults, will promote student loan repayment.
  • 20 U.S.C. § 1085(a)(8)(A)
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    (A) An institution that demonstrates to the Secretary that the institution’s participation rate index is equal to or less than 0.0625 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 D, or weighted average cohort default rate for loans under this part and part D, 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 D 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.
  • 20 U.S.C. § 1085(a)(8)(B)
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    (B) 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.
  • 20 U.S.C. § 1085(a)(8)(C)
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    (C) 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).
  • 20 U.S.C. § 1085(d)(2)(A)(vii)
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    (vii) shall, for any year for which the institution engages in activities as an eligible lender, provide for a compliance audit conducted in accordance with section 1078(b)(1)(U)(iii)(I) of this title, and the regulations thereunder, and submit the results of such audit to the Secretary;
  • 20 U.S.C. § 1085(d)(3)
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    (3) 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).
  • 20 U.S.C. § 1085(d)(4)
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    (4) 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.
  • 20 U.S.C. § 1085(d)(5)
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    (5) The term “eligible lender” does not include any lender that the Secretary determines, after notice and opportunity for a hearing, has—
    (A) offered, directly or indirectly, points, premiums, payments (including payments for referrals and for processing or finder fees), prizes, stock or other securities, travel, entertainment expenses, tuition payment or reimbursement, the provision of information technology equipment at below-market value, additional financial aid funds, or other inducements, to any institution of higher education, any employee of an institution of higher education, or any individual or entity in order to secure applicants for loans under this part;
    (B) conducted unsolicited mailings, by postal or electronic means, of student loan application forms to students enrolled in secondary schools or postsecondary institutions, or to family members of such students, except that applications may be mailed, by postal or electronic means, to students or borrowers who have previously received loans under this part from such lender;
    (C) entered into any type of consulting arrangement, or other contract to provide services to a lender, with an employee who is employed in the financial aid office of an institution of higher education, or who otherwise has responsibilities with respect to student loans or other financial aid of the institution;
    (D) compensated an employee who is employed in the financial aid office of an institution of higher education, or who otherwise has responsibilities with respect to student loans or other financial aid of the institution, and who is serving on an advisory board, commission, or group established by a lender or group of lenders for providing such service, except that the eligible lender may reimburse such employee for reasonable expenses incurred in providing such service;
    (E) performed for an institution of higher education any function that such institution of higher education is required to perform under this title, except that a lender shall be permitted to perform functions on behalf of such institution in accordance with section 1092(b) or 1092(l) of this title;
    (F) paid, on behalf of an institution of higher education, another person to perform any function that such institution of higher education is required to perform under this subchapter, except that a lender shall be permitted to perform functions on behalf of such institution in accordance with section 1092(b) or 1092(l) of this title;
    (G) provided payments or other benefits to a student at an institution of higher education to act as the lender’s representative to secure applications under this subchapter from individual prospective borrowers, unless such student—
    (i) is also employed by the lender for other purposes; and
    (ii) made all appropriate disclosures regarding such employment;
    (H) 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
    (I) engaged in fraudulent or misleading advertising.
    It shall not be a violation of this paragraph for a lender to provide technical assistance to institutions of higher education comparable to the kinds of technical assistance provided to institutions of higher education by the Department.
  • 20 U.S.C. § 1085(d)(8)
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    (8) Each institution serving as an eligible lender under paragraph (1)(E), and each eligible lender serving as a trustee for an institution of higher education or an organization affiliated with an institution of higher education, shall annually complete and submit to the Secretary a compliance audit to determine whether—
    (A) the institution or lender is using all proceeds from special allowance payments and interest payments from borrowers, interest subsidies received from the Department, and any proceeds from the sale or other disposition of loans, for need-based grant programs, in accordance with paragraph (2)(A)(viii);
    (B) the institution or lender is using not more than a reasonable portion of the proceeds described in paragraph (2)(A)(viii) for direct administrative expenses; and
    (C) the institution or lender is ensuring that the proceeds described in paragraph (2)(A)(viii) are being used to supplement, and not to supplant, Federal and non-Federal funds that would otherwise be used for need-based grant programs.
  • 20 U.S.C. § 1085(j)
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    (j) 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.
  • 20 U.S.C. § 1085(m)(1)(A)
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    (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, 1078–1,1 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 second fiscal year following the fiscal year in which the students entered repayment. 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.
  • 20 U.S.C. § 1085(m)(1)(B)
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    (B) In determining the number of students who default before the end of such second 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), 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.
  • 20 U.S.C. § 1085(m)(2)(C)
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    (C) Any loan which has been rehabilitated before the end of the second fiscal year following the year in which the loan entered repayment is not considered as in default for 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 second fiscal year, and (ii) a guaranty agency has renewed the borrower’s subchapter IV eligibility as provided in section 1078–6(b) of this title.
  • 20 U.S.C. § 1085(m)(2)(D)
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    (D) For the purposes of this subsection, a loan made in accordance with section 1078–11 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 1078–11 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 1078–11 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 1078–11 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.
  • 20 U.S.C. § 1085(m)(3)
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    (3) 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.
  • 20 U.S.C. § 1085(m)(4)(A)
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    (A) The Secretary shall publish not less often than once every fiscal year a report showing cohort default data and life of cohort default rates for each category of institution, including: (i) four-year public institutions; (ii) four-year private nonprofit institutions; (iii) two-year public institutions; (iv) two-year private nonprofit institutions; (v) four-year proprietary institutions; (vi) two-year proprietary institutions; and (vii) less than two-year proprietary institutions. For purposes of this subparagraph, for any fiscal year in which one or more current and former students at an institution enter repayment on loans under section 1078, 1078–2, or 1078–8 of this title, received for attendance at the institution, the Secretary shall publish 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 the institution in that fiscal year who default before the end of each succeeding fiscal year.
  • 20 U.S.C. § 1085(m)(4)(B)
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    (B) The Secretary may designate such additional subcategories within the categories specified in subparagraph (A) as the Secretary deems appropriate.
  • 20 U.S.C. § 1085(m)(4)(C)
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    (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.
  • 20 U.S.C. § 1085(m)(4)(D)
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    (D) The Secretary shall publish the report described in subparagraph (C) by September 30 of each year.
  • 20 U.S.C. § 1085(o)(1)(B)
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    (B) such borrower meets such other criteria as are established by the Secretary by regulation in accordance with paragraph (2).
  • 20 U.S.C. § 1085(o)(2)
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    (2) In establishing criteria for purposes of paragraph (1)(B), the Secretary shall consider the borrower’s income and debt-to-income ratio as primary factors.
  • 20 U.S.C. § 1085(p)(2)(A)(ii)
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    (ii) Notwithstanding clause (i), a State may elect, in accordance with regulations of the Secretary, to waive the requirements of this subparagraph for a new not-for-profit holder determined by the State to be necessary to carry out a public purpose of such State, except that a State may not make such election with respect the2 requirements of clause (i)(II).
  • 20 U.S.C. § 1085(p)(4)
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    (4) Not later than 1 year after September 27, 2007, the Secretary shall promulgate regulations in accordance with the provisions of this subsection.
  • 20 U.S.C. § 1087(a)(1)
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    (1) If a student borrower who has received a loan described in subparagraph (A) or (B) of section 1078(a)(1) of this title dies or becomes permanently and totally disabled (as determined in accordance with regulations of the Secretary), or if a student borrower who has received such a loan is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, has lasted for a continuous period of not less than 60 months, or can be expected to last for a continuous period of not less than 60 months then the Secretary shall discharge the borrower’s liability on the loan by repaying the amount owed on the loan. The Secretary may develop such safeguards as the Secretary determines necessary to prevent fraud and abuse in the discharge of liability under this subsection. Notwithstanding any other provision of this subsection, the Secretary may promulgate regulations to reinstate the obligation of, and resume collection on, loans discharged under this subsection in any case in which—
    (A) a borrower received a discharge of liability under this subsection and after the discharge the borrower—
    (i) receives a loan made, insured, or guaranteed under this subchapter; or
    (ii) has earned income in excess of the poverty line; or
    (B) the Secretary determines the reinstatement and resumption to be necessary.
  • 20 U.S.C. § 1087(a)(1)(B)
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    (B) the Secretary determines the reinstatement and resumption to be necessary.
  • 20 U.S.C. § 1087(a)(2)
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    (2) A borrower who has been determined by the Secretary of Veterans Affairs to be unemployable due to a service-connected condition and who provides documentation of such determination to the Secretary of Education, shall be considered permanently and totally disabled for the purpose of discharging such borrower’s loans under this subsection, and such borrower shall not be required to present additional documentation for purposes of this subsection.
  • 20 U.S.C. § 1087(a)(3)(A)
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    (A) The Secretary shall establish and implement, with respect to any borrower described in subparagraph (B), procedures to—
    (i) use return information disclosed under section 6103(l)(13) of title 26, pursuant to approval provided under section 1098h of this title, to determine the borrower’s continued eligibility for the loan discharge described in subparagraph (B);
    (ii) allow the borrower, at any time, to opt out of disclosure under such section 6103(l)(13) and instead provide such information as the Secretary may require to determine the borrower’s continued eligibility for such loan discharge; and
    (iii) provide the borrower with an opportunity to update the return information so disclosed before determination of such borrower’s continued eligibility for such loan discharge.
  • 20 U.S.C. § 1087(a)(3)(A)(ii)
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    (ii) allow the borrower, at any time, to opt out of disclosure under such section 6103(l)(13) and instead provide such information as the Secretary may require to determine the borrower’s continued eligibility for such loan discharge; and
  • 20 U.S.C. § 1087(b)
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    (b) The Secretary shall pay to the holder of a loan described in section 1078(a)(1)(A) or (B), 1078–1,1 1078–2, 1078–3, or 1078–8 of this title, the amount of the unpaid balance of principal and interest owed on such loan—
    (1) when the borrower files for relief under chapter 12 or 13 of title 11;
    (2) when the borrower who has filed for relief under chapter 7 or 11 of such title commences an action for a determination of dischargeability under section 523(a)(8)(B) of such title; or
    (3) for loans described in section 523(a)(8)(A) of such title, when the borrower files for relief under chapter 7 or 11 of such title.
  • 20 U.S.C. § 1087(c)(1)
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    (1) If a borrower who received, on or after January 1, 1986, a loan made, insured, or guaranteed under this part and the student borrower, or the student on whose behalf a parent borrowed, is unable to complete the program in which such student is enrolled due to the closure of the institution or if such student’s eligibility to borrow under this part was falsely certified by the eligible institution or was falsely certified as a result of a crime of identity theft, or if the institution failed to make a refund of loan proceeds which the institution owed to such student’s lender, then the Secretary shall discharge the borrower’s liability on the loan (including interest and collection fees) by repaying the amount owed on the loan and shall subsequently pursue any claim available to such borrower against the institution and its affiliates and principals or settle the loan obligation pursuant to the financial responsibility authority under subpart 3 of part H. In the case of a discharge based upon a failure to refund, the amount of the discharge shall not exceed that portion of the loan which should have been refunded. The Secretary shall report to the authorizing committees annually as to the dollar amount of loan discharges attributable to failures to make refunds.
  • 20 U.S.C. § 1087(c)(5)
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    (5) The Secretary shall report to consumer reporting agencies with respect to loans which have been discharged pursuant to this subsection.
  • 20 U.S.C. § 1087(d)
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    (d) If a student on whose behalf a parent has received a loan described in section 1078–2 of this title dies, then the Secretary shall discharge the borrower’s liability on the loan by repaying the amount owed on the loan.
  • 20 U.S.C. § 1087a(a)
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    (a) There are hereby made available, in accordance with the provisions of this part, such sums as may be necessary (1) to make loans to all eligible students (and the eligible parents of such students) in attendance at participating institutions of higher education selected by the Secretary, to enable such students to pursue their courses of study at such institutions during the period beginning July 1, 1994; and (2) for purchasing loans under section 1087i–1 of this title. Loans made under this part shall be made by participating institutions, or consortia thereof, that have agreements with the Secretary to originate loans, or by alternative originators designated by the Secretary to make loans for students in attendance at participating institutions (and their parents).
  • 20 U.S.C. § 1087aa(a)
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    (a) The Secretary shall carry out a program assisting in the maintenance of funds at institutions of higher education for the making of loans to undergraduate students in need to pursue their courses of study in such institutions or while engaged in programs of study abroad approved for credit by such institutions. Loans made under this part shall be known as “Federal Perkins Loans”.
  • 20 U.S.C. § 1087b(a)
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    (a) The Secretary shall provide, on the basis of the need and the eligibility of students at each participating institution, and parents of such students, for such loans, funds for student and parent loans under this part—
    (1) directly to an institution of higher education that has an agreement with the Secretary under section 1087d(a) of this title to participate in the direct student loan programs under this part and that also has an agreement with the Secretary under section 1087d(b) of this title to originate loans under this part; or
    (2) through an alternative originator designated by the Secretary to students (and parents of students) attending institutions of higher education that have an agreement with the Secretary under section 1087d(a) of this title but that do not have an agreement with the Secretary under section 1087d(b) of this title.
  • 20 U.S.C. § 1087b(a)(1)
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    (1) directly to an institution of higher education that has an agreement with the Secretary under section 1087d(a) of this title to participate in the direct student loan programs under this part and that also has an agreement with the Secretary under section 1087d(b) of this title to originate loans under this part; or
  • 20 U.S.C. § 1087b(a)(2)
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    (2) through an alternative originator designated by the Secretary to students (and parents of students) attending institutions of higher education that have an agreement with the Secretary under section 1087d(a) of this title but that do not have an agreement with the Secretary under section 1087d(b) of this title.
  • 20 U.S.C. § 1087b(c)
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    (c) Loan funds shall be paid and delivered to an institution by the Secretary prior to the beginning of the payment period established by the Secretary in a manner that is consistent with payment and delivery of Federal Pell Grants under subpart 1 of part A of this subchapter.
  • 20 U.S.C. § 1087b(d)
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    (d) Loan funds for students (and parents of students) attending institutions outside the United States shall be disbursed through a financial institution located or operating in the United States and designated by the Secretary to serve as the agent of such institutions with respect to the receipt of the disbursements of such loan funds and the transfer of such funds to such institutions. To be eligible to receive funds under this part, an institution outside the United States shall make arrangements with the agent designated by the Secretary under this subsection to receive funds under this part.
  • 20 U.S.C. § 1087bb(a)(1)
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    (1) From the amount appropriated pursuant to section 1087aa(b)1 of this title for each fiscal year, the Secretary shall first allocate to each eligible institution an amount equal to—
    (A) 100 percent of the amount received under subsections (a) and (b) of this section for fiscal year 1999 (as such subsections were in effect with respect to allocations for such fiscal year), multiplied by
    (B) the institution’s default penalty, as determined under subsection (e),
    except that if the institution has a cohort default rate in excess of the applicable maximum cohort default rate under subsection (f), the institution may not receive an allocation under this paragraph.
  • 20 U.S.C. § 1087bb(a)(2)(A)
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    (A) From the amount so appropriated, the Secretary shall next allocate to each eligible institution that began participation in the program under this part after fiscal year 1999 but is not a first or second time participant, an amount equal to the greater of—
    (i) $5,000; or
    (ii) 100 percent of the amount received and expended under this part for the first year it participated in the program.
  • 20 U.S.C. § 1087bb(a)(2)(B)
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    (B) From the amount so appropriated, the Secretary shall next allocate to each eligible institution that began participation in the program under this part after fiscal year 1999 and is a first or second time participant, an amount equal to the greatest of—
    (i) $5,000;
    (ii) an amount equal to (I) 90 percent of the amount received and used under this part in the second preceding fiscal year by eligible institutions offering comparable programs of instruction, divided by (II) the number of students enrolled at such comparable institutions in such fiscal year, multiplied by (III) the number of students enrolled at the applicant institution in such fiscal year; or
    (iii) 90 percent of the institution’s allocation under this part for the preceding fiscal year.
  • 20 U.S.C. § 1087bb(a)(2)(C)
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    (C) Notwithstanding subparagraphs (A) and (B) of this paragraph, the Secretary shall allocate to each eligible institution which—
    (i) was a first-time participant in the program in fiscal year 2000 or any subsequent fiscal year, and
    (ii) received a larger amount under this subsection in the second year of participation,
    an amount equal to 90 percent of the amount it received under this subsection in its second year of participation.
  • 20 U.S.C. § 1087bb(a)(2)(D)
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    (D) For any fiscal year after a fiscal year in which an institution receives an allocation under subparagraph (A), (B), or (C), the Secretary shall allocate to such institution an amount equal to the product of—
    (i) the amount determined under subparagraph (A), (B), or (C), multiplied by
    (ii) the institution’s default penalty, as determined under subsection (e),
    except that if the institution has a cohort default rate in excess of the applicable maximum cohort default rate under subsection (f), the institution may not receive an allocation under this paragraph.
  • 20 U.S.C. § 1087bb(a)(3)(B)(i)
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    (i) the Secretary shall allot the amount required to be allocated to all institutions under paragraph (1), and
  • 20 U.S.C. § 1087bb(b)(1)
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    (1) From the remainder of the amount appropriated pursuant to section 1087aa(b)1 of this title after making the allocations required by subsection (a) of this section, the Secretary shall allocate to each eligible institution which has an excess eligible amount an amount which bears the same ratio to such remainder as such excess eligible amount bears to the sum of the excess eligible amounts of all such eligible institutions (having such excess eligible amounts).
  • 20 U.S.C. § 1087bb(c)(2)
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    (2) To determine the self-help need of an institution’s eligible undergraduate students, the Secretary shall—
    (A) establish various income categories for dependent and independent undergraduate students;
    (B) establish a student aid index for each income category of dependent and independent undergraduate students, determined on the basis of the average student aid index (computed in accordance with part F of this subchapter) of a representative sample within each income category for the second preceding fiscal year;
    (C) compute 25 percent of the average cost of attendance for all undergraduate students;
    (D) multiply the number of eligible dependent students in each income category by the lesser of—
    (i) 25 percent of the average cost of attendance for all undergraduate students determined under subparagraph (C); or
    (ii) the average cost of attendance for all undergraduate students minus the student aid index determined under subparagraph (B) for that income category, except that the amount computed by such subtraction shall not be less than zero;
    (E) add the amounts determined under subparagraph (D) for each income category of dependent students;
    (F) multiply the number of eligible independent students in each income category by the lesser of—
    (i) 25 percent of the average cost of attendance for all undergraduate students determined under subparagraph (C); or
    (ii) the average cost of attendance for all undergraduate students minus the student aid index determined under subparagraph (B) for that income category, except that the amount computed by such subtraction for any income category shall not be less than zero;
    (G) add the amounts determined under subparagraph (F) for each income category of independent students; and
    (H) add the amounts determined under subparagraphs (E) and (G).
  • 20 U.S.C. § 1087bb(c)(3)
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    (3) To determine the self-help need of an institution’s eligible graduate and professional students, the Secretary shall—
    (A) establish various income categories for graduate and professional students;
    (B) establish a student aid index for each income category of graduate and professional students, determined on the basis of the average student aid index (computed in accordance with part F of this subchapter) of a representative sample within each income category for the second preceding fiscal year;
    (C) determine the average cost of attendance for all graduate and professional students;
    (D) subtract from the average cost of attendance for all graduate and professional students (determined under subparagraph (C)), the student aid index (determined under subparagraph (B)) for each income category, except that the amount computed by such subtraction for any income category shall not be less than zero;
    (E) multiply the amounts determined under subparagraph (D) by the number of eligible students in each category;
    (F) add the amounts determined under subparagraph (E) for each income category.
  • 20 U.S.C. § 1087bb(c)(4)(B)
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    (B) The average undergraduate and graduate and professional tuition and fees described in subparagraph (A)(i) shall be computed on the basis of information reported by the institution to the Secretary, which shall include (i) total revenue received by the institution from undergraduate and graduate tuition and fees for the second year preceding the year for which it is applying for an allocation, and (ii) the institution’s enrollment for such second preceding year.
  • 20 U.S.C. § 1087bb(d)(2)
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    (2) The Secretary shall establish an appeals process by which the anticipated collections required in paragraph (1) may be waived for institutions with low cohort default rates in the program assisted under this part.
  • 20 U.S.C. § 1087bb(e)(1)(A)
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    (A) equals or exceeds 15 percent, shall establish a default reduction plan pursuant to regulations prescribed by the Secretary, except that such plan shall not be required with respect to an institution that has a default rate of less than 20 percent and that has less than 100 students who have loans under this part in such academic year;
  • 20 U.S.C. § 1087bb(e)(3)(A)
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    (A) For fiscal year 2000 and any succeeding fiscal year, any institution with a cohort default rate (as defined in subsection (g)) that equals or exceeds 50 percent for each of the 3 most recent 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 the 2 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 eligibility to the Secretary. The Secretary shall issue a decision on any such appeal within 45 days after the submission of the appeal. 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 calculation of the institution’s cohort default rate is not accurate, and that recalculation would reduce the institution’s cohort default rate for any of the 3 fiscal years below 50 percent; or
    (ii) there are, in the judgment of the Secretary, such a small number of borrowers entering repayment that the application of this subparagraph would be inequitable.
  • 20 U.S.C. § 1087bb(e)(3)(A)(i)
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    (i) the institution demonstrates to the satisfaction of the Secretary that the calculation of the institution’s cohort default rate is not accurate, and that recalculation would reduce the institution’s cohort default rate for any of the 3 fiscal years below 50 percent; or
  • 20 U.S.C. § 1087bb(e)(3)(A)(ii)
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    (ii) there are, in the judgment of the Secretary, such a small number of borrowers entering repayment that the application of this subparagraph would be inequitable.
  • 20 U.S.C. § 1087bb(e)(3)(B)
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    (B) During an appeal under subparagraph (A), the Secretary may permit the institution to continue to participate in a program under this part.
  • 20 U.S.C. § 1087bb(e)(3)(C)(i)
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    (i) The Secretary shall first be paid an amount which bears the same ratio to such balance (as of the date of such distribution) as the total amount of Federal capital contributions to such fund by the Secretary under this part bears to the sum of such Federal capital contributions and the capital contributions to such fund made by the institution.
  • 20 U.S.C. § 1087bb(e)(3)(D)
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    (D) Any funds returned to the Secretary under this paragraph shall be reallocated to institutions of higher education pursuant to subsection (i).
  • 20 U.S.C. § 1087bb(e)(3)(E)
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    (E) For the purposes of subparagraph (A), the term “loss of eligibility” shall be defined as the mandatory liquidation of an institution’s student loan fund, and assignment of the institution’s outstanding loan portfolio to the Secretary.
  • 20 U.S.C. § 1087bb(g)(1)(E)(iii)
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    (iii) any other loan that the Secretary determines should be excluded from such determination.
  • 20 U.S.C. § 1087bb(g)(1)(F)
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    (F) The Secretary shall prescribe regulations designed to prevent an institution from evading the application to that institution of a cohort default rate determination under this subsection through the use of such measures as branching, consolidation, change of ownership or control or other means as determined by the Secretary.
  • 20 U.S.C. § 1087bb(h)
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    (h) The Secretary shall, from time to time, set dates before which institutions must file applications for allocations under this part.
  • 20 U.S.C. § 1087bb(i)(1)(A)
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    (A) If an institution of higher education returns to the Secretary any portion of the sums allocated to such institution under this section for any fiscal year, the Secretary shall reallocate 80 percent of such returned portions to participating institutions in an amount not to exceed such participating institution’s excess eligible amounts as determined under paragraph (2).
  • 20 U.S.C. § 1087bb(i)(3)
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    (3) The Secretary shall reallocate the remainder of such returned portions in accordance with regulations of the Secretary.
  • 20 U.S.C. § 1087bb(i)(4)
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    (4) If under paragraph (1) of this subsection an institution returns more than 10 percent of its allocation, the institution’s allocation for the next fiscal year shall be reduced by the amount returned. The Secretary may waive this paragraph for a specific institution if the Secretary finds that enforcing it is contrary to the interest of the program.
  • 20 U.S.C. § 1087c(a)
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    (a) The Secretary shall enter into agreements pursuant to section 1087d(a) of this title with institutions of higher education to participate in the direct student loan program under this part, and agreements pursuant to section 1087d(b) of this title with institutions of higher education, or consortia thereof, to originate loans in such program, for academic years beginning on or after July 1, 1994. Alternative origination services, through which an entity other than the participating institution at which the student is in attendance originates the loan, shall be provided by the Secretary, through 1 or more contracts under section 1087f(b) of this title or such other means as the Secretary may provide, for students attending participating institutions that do not originate direct student loans under this part. Such agreements for the academic year 1994–1995 shall, to the extent feasible, be entered into not later than January 1, 1994.
  • 20 U.S.C. § 1087c(b)(1)
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    (1) Each institution of higher education desiring to participate in the direct student loan program under this part shall submit an application satisfactory to the Secretary containing such information and assurances as the Secretary may require.
  • 20 U.S.C. § 1087c(b)(2)
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    (2) The Secretary shall select institutions for participation in the direct student loan program under this part, and shall enter into agreements with such institutions under section 1087d(a) of this title, from among those institutions that submit the applications described in paragraph (1), and meet such other eligibility requirements as the Secretary shall prescribe.
  • 20 U.S.C. § 1087c(c)(1)
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    (1) The Secretary may enter into a supplemental agreement with an institution (or a consortium of such institutions) that—
    (A) has an agreement under subsection1 1087d(a) of this title;
    (B) desires to originate loans under this part; and
    (C) meets the criteria described in paragraph (2).
  • 20 U.S.C. § 1087c(c)(2)
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    (2) The Secretary may approve an institution to originate loans only if such institution—
    (A) is not on the reimbursement system of payment for any of the programs under subpart 1 or 3 of part A, part C, or part E of this subchapter;
    (B) is not overdue on program or financial reports or audits required under this subchapter;
    (C) is not subject to an emergency action, or a limitation, suspension, or termination under section 1078(b)(1)(T), 1082(h), or 1094(c) of this title;
    (D) in the opinion of the Secretary, has not had severe performance deficiencies for any of the programs under this subchapter, including such deficiencies demonstrated by audits or program reviews submitted or conducted during the 5 calendar years immediately preceding the date of application;
    (E) provides an assurance that such institution has no delinquent outstanding debts to the Federal Government, unless such debts are being repaid under or in accordance with a repayment arrangement satisfactory to the Federal Government, or the Secretary in the Secretary’s discretion determines that the existence or amount of such debts has not been finally determined by the cognizant Federal agency; and
    (F) meets such other criteria as the Secretary may establish to protect the financial interest of the United States and to promote the purposes of this part.
  • 20 U.S.C. § 1087c(c)(2)(D)
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    (D) in the opinion of the Secretary, has not had severe performance deficiencies for any of the programs under this subchapter, including such deficiencies demonstrated by audits or program reviews submitted or conducted during the 5 calendar years immediately preceding the date of application;
  • 20 U.S.C. § 1087c(c)(2)(E)
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    (E) provides an assurance that such institution has no delinquent outstanding debts to the Federal Government, unless such debts are being repaid under or in accordance with a repayment arrangement satisfactory to the Federal Government, or the Secretary in the Secretary’s discretion determines that the existence or amount of such debts has not been finally determined by the cognizant Federal agency; and
  • 20 U.S.C. § 1087c(c)(2)(F)
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    (F) meets such other criteria as the Secretary may establish to protect the financial interest of the United States and to promote the purposes of this part.
  • 20 U.S.C. § 1087c(d)
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    (d) The Secretary may not select an institution of higher education for participation under this section unless such institution is an eligible institution under section 1085(a) of this title.
  • 20 U.S.C. § 1087c(e)
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    (e) Subject to such requirements as the Secretary may prescribe, eligible institutions of higher education (as determined under subsection (d)) with agreements under section 1087d(a) of this title may apply to the Secretary as consortia to originate loans under this part for students in attendance at such institutions. Each such institution shall be required to meet the requirements of subsection (c) with respect to loan origination.
  • 20 U.S.C. § 1087cc(a)(3)(D)
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    (D) costs of litigation, and other collection costs agreed to by the Secretary in connection with the collection of a loan from the fund (and interest thereon) or a charge assessed pursuant to regulations under section 1087dd(c)(1)(H) of this title;
  • 20 U.S.C. § 1087cc(a)(4)(A)
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    (A) if the institution has knowingly failed to maintain an acceptable collection record with respect to such loan, as determined by the Secretary in accordance with criteria established by regulation, the Secretary may—
    (i) require the institution to assign such note or agreement to the Secretary, without recompense; and
    (ii) apportion any sums collected on such a loan, less an amount not to exceed 30 percent of any sums collected to cover the Secretary’s collection costs, among other institutions in accordance with section 1087bb of this title; or
  • 20 U.S.C. § 1087cc(a)(4)(A)(i)
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    (i) require the institution to assign such note or agreement to the Secretary, without recompense; and
  • 20 U.S.C. § 1087cc(a)(4)(A)(ii)
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    (ii) apportion any sums collected on such a loan, less an amount not to exceed 30 percent of any sums collected to cover the Secretary’s collection costs, among other institutions in accordance with section 1087bb of this title; or
  • 20 U.S.C. § 1087cc(a)(4)(B)
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    (B) if the institution is not one described in subparagraph (A), the Secretary may allow such institution to refer such note or agreement to the Secretary, without recompense, except that, once every six months, any sums collected on such a loan (less an amount not to exceed 30 percent of any such sums collected to cover the Secretary’s collection costs) shall be repaid to such institution and treated as an additional capital contribution under section 1087bb of this title;
  • 20 U.S.C. § 1087cc(a)(5)
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    (5) provide that, if an institution of higher education determines not to service and collect student loans made available from funds under this part, the institution will assign, at the beginning of the repayment period, notes or evidence of obligations of student loans made from such funds to the Secretary and the Secretary shall apportion any sums collected on such notes or obligations (less an amount not to exceed 30 percent of any such sums collected to cover that Secretary’s collection costs) among other institutions in accordance with section 1087bb of this title;
  • 20 U.S.C. § 1087cc(a)(6)
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    (6) provide that, notwithstanding any other provision of law, the Secretary will provide to the institution any information with respect to the names and addresses of borrowers or other relevant information which is available to the Secretary, from whatever source such information may be derived;
  • 20 U.S.C. § 1087cc(a)(9)
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    (9) include such other reasonable provisions as may be necessary to protect the United States from unreasonable risk of loss and as are agreed to by the Secretary and the institution, except that nothing in this paragraph shall be construed to permit the Secretary to require the assignment of loans to the Secretary other than as is provided for in paragraphs (4) and (5).
  • 20 U.S.C. § 1087cc(c)(1)
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    (1) For the purpose of promoting responsible repayment of loans made pursuant to this part, the Secretary and each institution of higher education participating in the program under this part shall enter into cooperative agreements with consumer reporting agencies to provide for the exchange of information concerning student borrowers concerning whom the Secretary has received a referral pursuant to section 1087gg of this title and regarding loans held by the Secretary or an institution.
  • 20 U.S.C. § 1087cc(c)(2)
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    (2) Each cooperative agreement made pursuant to paragraph (1) shall be made in accordance with the requirements of section 1080a of this title except that such agreement shall provide for the disclosure by the Secretary or an institution, as the case may be, to such consumer reporting agencies, with respect to any loan held by the Secretary or the institution, respectively, of—
    (A) the date of disbursement and the amount of such loans made to any borrower under this part at the time of disbursement of the loan;
    (B) information concerning the repayment and collection of any such loan, including information concerning the status of such loan; and
    (C) the date of cancellation of the note upon completion of repayment by the borrower of any such loan, or upon cancellation or discharge of the borrower’s obligation on the loan for any reason.
  • 20 U.S.C. § 1087cc(c)(3)
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    (3) Notwithstanding paragraphs (4) and (5) of subsection (a) of section 1681c of title 15, a consumer reporting agency may make a report containing information received from the Secretary or an institution regarding the status of a borrower’s account on a loan made under this part until the loan is paid in full.
  • 20 U.S.C. § 1087cc(c)(4)(A)
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    (A) Except as provided in subparagraph (B), an institution of higher education, after consultation with the Secretary and pursuant to the agreements entered into under paragraph (1), shall disclose at least annually to any consumer reporting agency with which the Secretary has such an agreement the information set forth in paragraph (2), and shall disclose promptly to such consumer reporting agency any changes to the information previously disclosed.
  • 20 U.S.C. § 1087cc(c)(4)(B)
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    (B) The Secretary may promulgate regulations establishing criteria under which an institution of higher education may cease reporting the information described in paragraph (2) before a loan is paid in full.
  • 20 U.S.C. § 1087cc(d)
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    (d) In carrying out the provisions of subsection (a)(9), the Secretary may not require that any collection agency, collection attorney, or loan servicer collecting loans made under this part deposit amounts collected on such loans in interest bearing accounts, unless such agency, attorney, or servicer holds such amounts for more than 45 days.
  • 20 U.S.C. § 1087cc(e)
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    (e) In carrying out the provisions of subsection (a)(5)1 relating to due diligence, the Secretary shall make every effort to ensure that institutions of higher education may use Internal Revenue Service skip-tracing collection procedures on loans made under this part.
  • 20 U.S.C. § 1087cc–1(a)(7)
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    (7) a statement as to the minimum and maximum repayment term which the institution may impose, and the minimum monthly payment required by law and a description of any penalty imposed as a consequence of default, such as liability for expenses reasonably incurred in attempts by the Secretary or institutions to collect on a loan;
  • 20 U.S.C. § 1087cc–1(b)
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    (b) Each institution of higher education shall enter into an agreement with the Secretary under which the institution will, prior to the start of the repayment period of the student borrower on loans made under this part, disclose to the student borrower the information required under this subsection. Any disclosure required by this subsection may be made by an institution of higher education either in a promissory note evidencing the loan or loans or in a written statement provided to the borrower. The disclosures shall include—
    (1) the name of the institution of higher education, and the address to which communications and payments should be sent;
    (2) the scheduled date upon which the repayment period is to begin;
    (3) the estimated balance owed by the borrower on the loan or loans covered by the disclosure as of the scheduled date on which the repayment period is to begin (including, if applicable, the estimated amount of interest to be capitalized);
    (4) the stated interest rate on the loan or loans, or the combined interest rate of loans with different stated interest rates;
    (5) the nature of any fees which may accrue or be charged to the borrower during the repayment period;
    (6) the repayment schedule for all loans covered by the disclosure including the date the first installment is due, and the number, amount, and frequency of required payments;
    (7) an explanation of any special options the borrower may have for loan consolidation or other refinancing of the loan;
    (8) the projected total of interest charges which the borrower will pay on the loan or loans, assuming that the borrower makes payments exactly in accordance with the repayment schedule; and
    (9) a statement that the borrower has the right to prepay all or part of the loan or loans covered by the disclosure at any time without penalty.
  • 20 U.S.C. § 1087cc–1(c)
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    (c) Such information shall be available without cost to the borrower. The failure of an eligible institution to provide information as required by this section shall not (1) relieve a borrower of the obligation to repay a loan in accordance with its terms, (2) provide a basis for a claim for civil damages, or (3) be deemed to abrogate the obligation of the Secretary to make payments with respect to such loan.
  • 20 U.S.C. § 1087d(a)(1)(C)
    Go to provision →
    (C) provide a statement that certifies the eligibility of any student to receive a loan under this part that is not in excess of the annual or aggregate limit applicable to such loan, except that the institution may, in exceptional circumstances identified by the Secretary, refuse to certify a statement that permits a student to receive a loan under this part, or certify a loan amount that is less than the student’s determination of need (as determined under part F of this subchapter), if the reason for such action is documented and provided in written form to such student;
  • 20 U.S.C. § 1087d(a)(1)(E)(i)
    Go to provision →
    (i) concerning the status of student borrowers (and students on whose behalf parents borrow under this part) while such students are in attendance at the institution and concerning any new information of which the institution becomes aware for such students (or their parents) after such borrowers leave the institution, to the Secretary for the servicing and collecting of loans made under this part; and
  • 20 U.S.C. § 1087d(a)(1)(E)(ii)
    Go to provision →
    (ii) if the institution does not have an agreement with the Secretary under subsection (b), concerning student eligibility and need, as determined under subparagraphs (A) and (B), to the Secretary as needed for the alternative origination of loans to eligible students and parents in accordance with this part;
  • 20 U.S.C. § 1087d(a)(2)
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    (2) provide assurances that the institution will comply with requirements established by the Secretary relating to student loan information with respect to loans made under this part;
  • 20 U.S.C. § 1087d(a)(4)
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    (4) provide for the implementation of a quality assurance system, as established by the Secretary and developed in consultation with institutions of higher education, to ensure that the institution is complying with program requirements and meeting program objectives;
  • 20 U.S.C. § 1087d(a)(7)
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    (7) include such other provisions as the Secretary determines are necessary to protect the interests of the United States and to promote the purposes of this part.
  • 20 U.S.C. § 1087d(b)(2)
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    (2) include provisions established by the Secretary that are similar to the participation agreement provisions described in paragraphs (1)(E)(ii), (2), (3), (4), (5), (6), and (7) of subsection (a), as modified to relate to the origination of loans by the institution or consortium;
  • 20 U.S.C. § 1087d(b)(4)
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    (4) provide that the note or evidence of obligation on the loan shall be the property of the Secretary.
  • 20 U.S.C. § 1087d(c)(2)
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    (2) An educational program at an institution is described in this paragraph if the program awards an undergraduate degree, graduate or professional degree, or graduate certificate, for which the median earnings (as determined by the Secretary) of the programmatic cohort of students who received funds under this subchapter for enrollment in such program, who completed such program during the academic year that is 4 years before the year of the determination, who are not enrolled in any institution of higher education, and who are working, are, for not less than 2 of the 3 years immediately preceding the date of the determination, less than the median earnings of a working adult described in paragraph (3) for the corresponding year.
  • 20 U.S.C. § 1087d(c)(3)(B)(ii)(I)(bb)
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    (bb) a working adult in the same field of study (as determined by the Secretary, such as by using the 2-digit CIP code) in the State in which the institution is located; and
  • 20 U.S.C. § 1087d(c)(4)
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    (4) For any year for which the programmatic cohort described in paragraph (2) for an educational program of an institution is fewer than 30 individuals, the Secretary shall—
    (A) first, aggregate additional years of programmatic data in order to achieve a cohort of at least 30 individuals; and
    (B) second, in cases in which the cohort (including the individuals added under subparagraph (A)) is still fewer than 30 individuals, aggregate additional cohort years of programmatic data for educational programs of equivalent length in order to achieve a cohort of at least 30 individuals.
  • 20 U.S.C. § 1087d(c)(5)
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    (5) An educational program shall not lose eligibility under this subsection unless the institution has had the opportunity to appeal the programmatic median earnings of students working and not enrolled determination under paragraph (2), through a process established by the Secretary. During such appeal, the Secretary may permit the educational program to continue to participate in the program under this part.
  • 20 U.S.C. § 1087d(c)(7)
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    (7) The Secretary shall establish a process by which an institution of higher education that has an educational program that has lost eligibility under this subsection may, after a period of not less than 2 years of such program’s ineligibility, apply to regain such eligibility, subject to the requirements established by the Secretary that further the purpose of this subsection.
  • 20 U.S.C. § 1087d(d)
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    (d) The Secretary shall establish procedures by which institutions or consortia may withdraw or be terminated from the program under this part.
  • 20 U.S.C. § 1087dd(a)(1)
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    (1) Loans from any student loan fund established pursuant to an agreement under section 1087cc of this title to any student by any institution shall, subject to such conditions, limitations, and requirements as the Secretary shall prescribe by regulation, be made on such terms and conditions as the institution may determine.
  • 20 U.S.C. § 1087dd(a)(2)(A)(ii)
    Go to provision →
    (ii) $8,000, in the case of a graduate or professional student (as defined in regulations issued by the Secretary).
  • 20 U.S.C. § 1087dd(a)(2)(B)(i)
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    (i) $60,000, in the case of any graduate or professional student (as defined by regulations issued by the Secretary, and including any loans from such funds made to such person before such person became a graduate or professional student);
  • 20 U.S.C. § 1087dd(a)(2)(B)(ii)
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    (ii) $27,500, in the case of a student who has successfully completed 2 years of a program of education leading to a bachelor’s degree but who has not completed the work necessary for such a degree (determined under regulations issued by the Secretary), and including any loans from such funds made to such person before such person became such a student; and
  • 20 U.S.C. § 1087dd(a)(3)
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    (3) Regulations of the Secretary under paragraph (1) shall be designed to prevent the impairment of the capital student loan funds to the maximum extent practicable and with a view toward the objective of enabling the student to complete his course of study.
  • 20 U.S.C. § 1087dd(c)(1)(A)
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    (A) shall be evidenced by note or other written instrument which, except as provided in paragraph (2), provides for repayment of the principal amount of the loan, together with interest thereon, in equal installments (or, if the borrower so requests, in graduated periodic installments determined in accordance with such schedules as may be approved by the Secretary) payable quarterly, bimonthly, or monthly, at the option of the institution, over a period beginning nine months after the date on which the student ceases to carry, at an institution of higher education or a comparable institution outside the United States approved for this purpose by the Secretary, at least one-half the normal full-time academic workload, and ending 10 years and 9 months after such date except that such period may begin earlier than 9 months after such date upon the request of the borrower;
  • 20 U.S.C. § 1087dd(c)(1)(C)(i)
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    (i) may provide, at the option of the institution, in accordance with regulations of the Secretary, that during the repayment period of the loan, payments of principal and interest by the borrower with respect to all outstanding loans made to the student from a student loan fund assisted under this part shall be at a rate equal to not less than $40 per month, except that the institution may, subject to such regulations, permit a borrower to pay less than $40 per month for a period of not more than one year where necessary to avoid hardship to the borrower, but without extending the 10-year maximum repayment period provided for in subparagraph (A) of this paragraph; and
  • 20 U.S.C. § 1087dd(c)(1)(F)(ii)
    Go to provision →
    (ii) if the borrower becomes permanently and totally disabled as determined in accordance with regulations of the Secretary;
  • 20 U.S.C. § 1087dd(c)(1)(F)(iv)
    Go to provision →
    (iv) if the borrower is determined by the Secretary of Veterans Affairs to be unemployable due to a service-connected disability;
  • 20 U.S.C. § 1087dd(c)(1)(G)
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    (G) shall provide that no note or evidence of obligation may be assigned by the lender, except upon the transfer of the borrower to another institution participating under this part (or, if not so participating, is eligible to do so and is approved by the Secretary for such purpose), to such institution, and except as necessary to carry out section 1087cc(a)(6)1 of this title;
  • 20 U.S.C. § 1087dd(c)(1)(H)
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    (H) pursuant to regulations of the Secretary, shall provide for an assessment of a charge with respect to the loan for failure of the borrower to pay all or part of an installment when due, which shall include the expenses reasonably incurred in attempting collection of the loan, to the extent permitted by the Secretary, except that no charge imposed under this subparagraph shall exceed 20 percent of the amount of the monthly payment of the borrower; and
  • 20 U.S.C. § 1087dd(c)(2)(A)(i)(II)
    Go to provision →
    (II) is pursuing a course of study pursuant to a graduate fellowship program approved by the Secretary, or pursuant to a rehabilitation training program for disabled individuals approved by the Secretary,
  • 20 U.S.C. § 1087dd(c)(2)(A)(iv)
    Go to provision →
    (iv) not in excess of 3 years for any reason which the lender determines, in accordance with regulations prescribed by the Secretary under section 1085(o) of this title, has caused or will cause the borrower to have an economic hardship;
  • 20 U.S.C. § 1087dd(c)(3)(A)
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    (A) The Secretary is authorized, when good cause is shown, to extend, in accordance with regulations, the 10-year maximum repayment period provided for in subparagraph (A) of paragraph (1) with respect to individual loans.
  • 20 U.S.C. § 1087dd(c)(3)(B)
    Go to provision →
    (B) Pursuant to uniform criteria established by the Secretary, the repayment period for any student borrower who during the repayment period is a low-income individual may be extended for a period not to exceed 10 years and the repayment schedule may be adjusted to reflect the income of that individual.
  • 20 U.S.C. § 1087dd(e)(1)
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    (1) The Secretary shall ensure that, as documented in accordance with paragraph (2), an institution of higher education shall grant a borrower forbearance of principal and interest or principal only, renewable at 12-month intervals for a period not to exceed 3 years, on such terms as are otherwise consistent with the regulations issued by the Secretary and agreed upon in writing by the parties to the loan, if—
    (A) the borrower’s debt burden equals or exceeds 20 percent of such borrower’s gross income;
    (B) the institution determines that the borrower should qualify for forbearance for other reasons; or
    (C) the borrower is eligible for interest payments to be made on such loan for service in the Armed Forces under section 2174 of title 10 and, pursuant to that eligibility, the interest on such loan is being paid under subsection (j), except that the form of a forbearance under this paragraph shall be a temporary cessation of all payments on the loan other than payments of interest on the loan that are made under subsection (j).
  • 20 U.S.C. § 1087dd(f)(1)
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    (1) Subject to such restrictions as the Secretary may prescribe to protect the interest of the United States, in order to encourage repayment of loans made under this part which are in default, the Secretary may, in the agreement entered into under this part, authorize an institution of higher education to compromise on the repayment of such defaulted loans in accordance with paragraph (2). The Federal share of the compromise repayment shall bear the same relation to the institution’s share of such compromise repayment as the Federal capital contribution to the institution’s loan fund under this part bears to the institution’s capital contribution to such fund.
  • 20 U.S.C. § 1087dd(g)(1)
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    (1) If a student borrower who received a loan made under this part on or after January 1, 1986, is unable to complete the program in which such student is enrolled due to the closure of the institution, then the Secretary shall discharge the borrower’s liability on the loan (including the interest and collection fees) and shall subsequently pursue any claim available to such borrower against the institution and the institution’s affiliates and principals, or settle the loan obligation pursuant to the financial responsibility standards described in section 1099c(c) of this title.
  • 20 U.S.C. § 1087dd(g)(5)
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    (5) The Secretary or institution, as the case may be, shall report to consumer reporting agencies with respect to loans that have been discharged pursuant to this subsection.
  • 20 U.S.C. § 1087dd(h)(1)(A)
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    (A) If the borrower of a loan made under this part who has defaulted on the loan makes 9 on-time, consecutive, monthly payments of amounts owed on the loan, as determined by the institution, or by the Secretary in the case of a loan held by the Secretary, the loan shall be considered rehabilitated, and the institution that made that loan (or the Secretary, in the case of a loan held by the Secretary) shall request that any consumer reporting agency to which the default was reported remove the default from the borrower’s credit history.
  • 20 U.S.C. § 1087dd(i)(1)
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    (1) Each institution of higher education may establish, with the approval of the Secretary, an incentive repayment program designed to reduce default and to replenish student loan funds established under this part. Each such incentive repayment program may—
    (A) offer a reduction of the interest rate on a loan on which the borrower has made 48 consecutive, monthly repayments, but in no event may the rate be reduced by more than 1 percent;
    (B) provide for a discount on the balance owed on a loan on which the borrower pays the principal and interest in full prior to the end of the applicable repayment period, but in no event may the discount exceed 5 percent of the unpaid principal balance due on the loan at the time the early repayment is made; and
    (C) include such other incentive repayment options as the institution determines will carry out the objectives of this subsection.
  • 20 U.S.C. § 1087dd(j)(1)
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    (1) Using funds received by transfer to the Secretary under section 2174 of title 10 or section 3078 of title 33 for the payment of interest on a loan made under this part to a member of the Armed Forces or an officer in the commissioned officer corps of the National Oceanic and Atmospheric Administration, respectively, the Secretary shall pay the interest on the loan as due for a period not in excess of 36 consecutive months. The Secretary may not pay interest on such a loan out of any funds other than funds that have been so transferred.
  • 20 U.S.C. § 1087dd(j)(2)
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    (2) During the period in which the Secretary is making payments on a loan under paragraph (1), the institution of higher education shall grant the borrower forbearance in accordance with subsection (e)(1)(C).
  • 20 U.S.C. § 1087dd(k)
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    (k) The Secretary may develop such additional safeguards as the Secretary determines necessary to prevent fraud and abuse in the cancellation of liability under subsection (c)(1)(F). Notwithstanding subsection (c)(1)(F), the Secretary may promulgate regulations to resume collection on loans cancelled under subsection (c)(1)(F) in any case in which—
    (1) a borrower received a cancellation of liability under subsection (c)(1)(F) and after the cancellation the borrower—
    (A) receives a loan made, insured, or guaranteed under this subchapter; or
    (B) has earned income in excess of the poverty line; or
    (2) the Secretary determines necessary.
  • 20 U.S.C. § 1087dd(k)(2)
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    (2) the Secretary determines necessary.
  • 20 U.S.C. § 1087e(a)(7)(A)
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    (A) Notwithstanding any provision of this part or part B, in any case in which a student is enrolled in a program of study of an institution of higher education on less than a full-time basis during any academic year, the amount of a loan that student may borrow for an academic year or its equivalent shall be reduced in direct proportion to the degree to which that student is not so enrolled on a full-time basis, rounded to the nearest whole percentage point, as provided in a schedule of reductions published by the Secretary computed for purposes of this subparagraph.
  • 20 U.S.C. § 1087e(b)(3)(A)
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    (A) the bond equivalent rate of the security with a comparable maturity as established by the Secretary; plus
  • 20 U.S.C. § 1087e(b)(4)(B)(i)
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    (i) the bond equivalent rate of the security with a comparable maturity as established by the Secretary; plus
  • 20 U.S.C. § 1087e(b)(8)(E)
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    (E) The Secretary shall determine the applicable rate of interest under this paragraph after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of determination.
  • 20 U.S.C. § 1087e(b)(9)(A)
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    (A) Notwithstanding any other provision of this part1 with respect to loans for which the first disbursement of principal is made before July 1, 2012,,2 the Secretary is authorized to prescribe by regulation such reductions in the interest rate or origination fee paid by a borrower of a loan made under this part as the Secretary determines appropriate to encourage on-time repayment of the loan. Such reductions may be offered only if the Secretary determines the reductions are cost neutral and in the best financial interest of the Federal Government. Any increase in subsidy costs resulting from such reductions shall be completely offset by corresponding savings in funds available for the William D. Ford Federal Direct Loan Program in that fiscal year from section 1087h of this title and other administrative accounts.
  • 20 U.S.C. § 1087e(b)(9)(B)
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    (B) Prior to publishing regulations proposing repayment incentives with respect to loans for which the first disbursement of principal is made before July 1, 2012, the Secretary shall ensure the cost neutrality of such reductions. The Secretary shall not prescribe such regulations in final form unless an official report from the Director of the Office of Management and Budget to the Secretary and a comparable report from the Director of the Congressional Budget Office to the Congress each certify that any such reductions will be completely cost neutral. Such reports shall be transmitted to the authorizing committees not less than 60 days prior to the publication of regulations proposing such reductions.
  • 20 U.S.C. § 1087e(b)(9)(C)
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    (C) Notwithstanding any other provision of this part, the Secretary is prohibited from authorizing or providing any repayment incentive not otherwise authorized under this part to encourage on-time repayment of a loan under this part for which the first disbursement of principal is made on or after July 1, 2012, including any reduction in the interest or origination fee rate paid by a borrower of such a loan, except that the Secretary may provide for an interest rate reduction for a borrower who agrees to have payments on such a loan automatically electronically debited from a bank account.
  • 20 U.S.C. § 1087e(b)(10)
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    (10) The Secretary shall determine the applicable rates of interest under this subsection after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of determination.
  • 20 U.S.C. § 1087e(c)(1)
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    (1) The Secretary shall charge the borrower of a loan made under this part an origination fee of 4.0 percent of the principal amount of loan.
  • 20 U.S.C. § 1087e(d)(1)
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    (1) Consistent with criteria established by the Secretary, the Secretary shall offer a borrower of a loan made under this part before July 1, 2026, who has not received a loan made under this part on or after July 1, 2026, a variety of plans for repayment of such loan, including principal and interest on the loan. The borrower shall be entitled to accelerate, without penalty, repayment on the borrower’s loans under this part. The borrower may choose—
    (A) a standard repayment plan, consistent with subsection (a)(1) of this section and with section 1078(b)(9)(A)(i) of this title;
    (B) a graduated repayment plan, consistent with section 1078(b)(9)(A)(ii) of this title;
    (C) an extended repayment plan, consistent with section 1078(b)(9)(A)(iv) of this title, except that the borrower shall annually repay a minimum amount determined by the Secretary in accordance with section 1078(b)(1)(L) of this title;
    (D) before June 30, 2028, an income contingent repayment plan, with varying annual repayment amounts based on the income of the borrower, paid over an extended period of time prescribed by the Secretary, not to exceed 25 years, except that the plan described in this subparagraph shall not be available to the borrower of a Federal Direct PLUS loan made on behalf of a dependent student;
    (E) beginning on July 1, 2009, an income-based repayment plan in accordance with section 1098e of this title, except that the plan described in this subparagraph shall not be available to the borrower of a Federal Direct PLUS Loan made on behalf of a dependent student or an excepted Consolidation Loan (as defined in section 1098e(a)(2) of this title); and
    (F) beginning on July 1, 2026, the income-based Repayment Assistance Plan under subsection (q), provided that—
    (i) such Plan shall not be available for the repayment of excepted loans (as defined in paragraph (7)(E)); and
    (ii) the borrower is required to pay each outstanding loan of the borrower made under this part under such Repayment Assistance Plan, except that a borrower of an excepted loan (as defined in paragraph (7)(E)) may repay the excepted loan separately from other loans under this part obtained by the borrower.
  • 20 U.S.C. § 1087e(d)(1)(C)
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    (C) an extended repayment plan, consistent with section 1078(b)(9)(A)(iv) of this title, except that the borrower shall annually repay a minimum amount determined by the Secretary in accordance with section 1078(b)(1)(L) of this title;
  • 20 U.S.C. § 1087e(d)(1)(D)
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    (D) before June 30, 2028, an income contingent repayment plan, with varying annual repayment amounts based on the income of the borrower, paid over an extended period of time prescribed by the Secretary, not to exceed 25 years, except that the plan described in this subparagraph shall not be available to the borrower of a Federal Direct PLUS loan made on behalf of a dependent student;
  • 20 U.S.C. § 1087e(d)(2)
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    (2) If a borrower of a loan made under this part does not select a repayment plan described in paragraph (1), the Secretary may provide the borrower with a repayment plan described in subparagraph (A), (B), or (C) of paragraph (1).
  • 20 U.S.C. § 1087e(d)(3)
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    (3) The borrower of a loan made under this part may change the borrower’s selection of a repayment plan under paragraph (1), or the Secretary’s selection of a plan for the borrower under paragraph (2), as the case may be, under such terms and conditions as may be established by the Secretary.
  • 20 U.S.C. § 1087e(d)(4)
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    (4) The Secretary may provide, on a case by case basis, an alternative repayment plan to a borrower of a loan made under this part who demonstrates to the satisfaction of the Secretary that the terms and conditions of the repayment plans available under paragraph (1) are not adequate to accommodate the borrower’s exceptional circumstances. In designing such alternative repayment plans, the Secretary shall ensure that such plans do not exceed the cost to the Federal Government, as determined on the basis of the present value of future payments by such borrowers, of loans made using the plans available under paragraph (1).
  • 20 U.S.C. § 1087e(d)(5)
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    (5) The Secretary may require any borrower who has defaulted on a loan made under this part to—
    (A) pay all reasonable collection costs associated with such loan; and
    (B) repay the loan pursuant to an income-based repayment plan under subsection (q) or section 1098e of this title, as applicable.
  • 20 U.S.C. § 1087e(d)(6)(B)
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    (B) The Secretary may not, for any loan made under this part on or after July 1, 2026—
    (i) authorize a borrower of such a loan to repay such loan pursuant to a repayment plan that is not described in paragraph (7)(A); or
    (ii) carry out or modify a repayment plan that is not described in such paragraph.
  • 20 U.S.C. § 1087e(d)(7)(A)
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    (A) Beginning on July 1, 2026, the Secretary shall offer a borrower of a loan made under this part on or after such date (including such a borrower who also has a loan made under this part before such date) two plans for repayment of the borrower’s loans under this part, including principal and interest on such loans. The borrower shall be entitled to accelerate, without penalty, repayment on such loans. The borrower may choose—
    (i) a standard repayment plan—
    (I) with a fixed monthly repayment amount paid over a fixed period of time equal to the applicable period determined under subclause (II); and
    (II) with the applicable period of time for repayment determined based on the total outstanding principal of all loans of the borrower made under this part before, on, or after July 1, 2026, at the time the borrower is entering repayment under such plan, as follows—
    (aa) for a borrower with total outstanding principal of less than $25,000, a period of 10 years;
    (bb) for a borrower with total outstanding principal of not less than $25,000 and less than $50,000, a period of 15 years;
    (cc) for a borrower with total outstanding principal of not less than $50,000 and less than $100,000, a period of 20 years; and
    (dd) for a borrower with total outstanding principal of $100,000 or more, a period of 25 years; or
    (ii) the income-based Repayment Assistance Plan under subsection (q).
  • 20 U.S.C. § 1087e(d)(7)(B)
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    (B) If a borrower of a loan made under this part on or after July 1, 2026, does not select a repayment plan described in subparagraph (A), the Secretary shall provide the borrower with the standard repayment plan described in subparagraph (A)(i).
  • 20 U.S.C. § 1087e(d)(7)(D)(i)
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    (i) the standard repayment plan under subparagraph (A)(i), or the Secretary’s selection of such plan for the borrower under subparagraph (B), as the case may be, to the Repayment Assistance Plan under subparagraph (A)(ii) at any time; and
  • 20 U.S.C. § 1087e(d)(7)(E)(i)
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    (i) Notwithstanding subparagraphs (A) through (D), beginning on July 1, 2026, the Secretary shall require a borrower who has received an excepted loan made on or after such date (including such a borrower who also has an excepted loan made before such date) to repay each excepted loan, including principal and interest on those excepted loans, under the standard repayment plan under subparagraph (A)(i). The borrower shall be entitled to accelerate, without penalty, repayment on such loans.
  • 20 U.S.C. § 1087e(e)(1)
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    (1) The Secretary may obtain such information as is reasonably necessary regarding the income of a borrower (and the borrower’s spouse, if applicable) of a loan made under this part that is, or may be, repaid pursuant to income contingent repayment, for the purpose of determining the annual repayment obligation of the borrower. Returns and return information (as defined in section 6103 of title 26) may be obtained under the preceding sentence only to the extent authorized by section 6103(l)(13) of title 26. The Secretary shall establish procedures for determining the borrower’s repayment obligation on that loan for such year, and such other procedures as are necessary to implement effectively income contingent repayment.
  • 20 U.S.C. § 1087e(e)(3)
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    (3) A borrower who chooses, or is required, to repay a loan made under this part pursuant to income contingent repayment, and for whom adjusted gross income is unavailable or does not reasonably reflect the borrower’s current income, shall provide to the Secretary other documentation of income satisfactory to the Secretary, which documentation the Secretary may use to determine an appropriate repayment schedule.
  • 20 U.S.C. § 1087e(e)(4)
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    (4) Income contingent repayment schedules shall be established by regulations promulgated by the Secretary and shall require payments that vary in relation to the appropriate portion of the annual income of the borrower (and the borrower’s spouse, if applicable) as determined by the Secretary.
  • 20 U.S.C. § 1087e(e)(5)
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    (5) The balance due on a loan made under this part that is repaid pursuant to income contingent repayment shall equal the unpaid principal amount of the loan, any accrued interest, and any fees, such as late charges, assessed on such loan. The Secretary may promulgate regulations limiting the amount of interest that may be capitalized on such loan, and the timing of any such capitalization.
  • 20 U.S.C. § 1087e(e)(6)
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    (6) The Secretary shall establish procedures under which a borrower of a loan made under this part who chooses or is required to repay such loan pursuant to income contingent repayment is notified of the terms and conditions of such plan, including notification of such borrower, that if a borrower considers that special circumstances, such as a loss of employment by the borrower or the borrower’s spouse, warrant an adjustment in the borrower’s loan repayment, the borrower may contact the Secretary, who shall determine whether such adjustment is appropriate, in accordance with criteria established by the Secretary.
  • 20 U.S.C. § 1087e(e)(7)
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    (7) In calculating the extended period of time for which an income contingent repayment plan under this subsection may be in effect for a borrower, the Secretary shall include all time periods during which a borrower of loans under part B, part D, or part E—
    (A) is not in default on any loan that is included in the income contingent repayment plan; and
    (i) is in deferment due to an economic hardship described in section 1085(o) of this title;
    (ii) makes monthly payments under paragraph (1) or (6) of section 1098e(b) of this title;
    (iii) makes monthly payments of not less than the monthly amount calculated under section 1078(b)(9)(A)(i) of this title or subsection (d)(1)(A), based on a 10-year repayment period, when the borrower first made the election described in section 1098e(b)(1) of this title;
    (iv) makes payments of not less than the payments required under a standard repayment plan under section 1078(b)(9)(A)(i) of this title or subsection (d)(1)(A) with a repayment period of 10 years; or
    (v) makes payments under an income contingent repayment plan under subsection (d)(1)(D).
  • 20 U.S.C. § 1087e(e)(8)(A)
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    (A) The Secretary shall establish and implement, with respect to any borrower described in subparagraph (B), procedures to—
    (i) use return information disclosed under section 6103(l)(13) of title 26, pursuant to approval provided under section 1098h of this title, to determine the repayment obligation of the borrower without further action by the borrower;
    (ii) allow the borrower (or the spouse of the borrower), at any time, to opt out of disclosure under such section 6103(l)(13) and instead provide such information as the Secretary may require to determine the repayment obligation of the borrower (or withdraw from the repayment plan under this subsection); and
    (iii) provide the borrower with an opportunity to update the return information so disclosed before the determination of the repayment obligation of the borrower.
  • 20 U.S.C. § 1087e(e)(8)(A)(ii)
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    (ii) allow the borrower (or the spouse of the borrower), at any time, to opt out of disclosure under such section 6103(l)(13) and instead provide such information as the Secretary may require to determine the repayment obligation of the borrower (or withdraw from the repayment plan under this subsection); and
  • 20 U.S.C. § 1087e(e)(8)(B)
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    (B) Subparagraph (A) shall apply to each borrower of a loan made under this part who, on or after the date on which the Secretary establishes procedures under such subparagraph—
    (i) selects, or is required to repay such loan pursuant to, an income-contingent repayment plan; or
    (ii) recertifies income or family size under such plan.
  • 20 U.S.C. § 1087e(f)(2)(A)(ii)
    Go to provision →
    (ii) is pursuing a course of study pursuant to a graduate fellowship program approved by the Secretary, or pursuant to a rehabilitation training program for individuals with disabilities approved by the Secretary,
  • 20 U.S.C. § 1087e(f)(2)(D)
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    (D) subject to paragraph (7), not in excess of 3 years during which the Secretary determines, in accordance with regulations prescribed under section 1085(o) of this title, that the borrower has experienced or will experience an economic hardship.
  • 20 U.S.C. § 1087e(f)(4)(C)(i)
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    (i) A borrower may establish eligibility for a deferment under subparagraph (A) by providing to the Secretary—
    (I) the documentation described in clause (ii); or
    (II) such other documentation as the Secretary determines appropriate.
  • 20 U.S.C. § 1087e(f)(4)(C)(i)(II)
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    (II) such other documentation as the Secretary determines appropriate.
  • 20 U.S.C. § 1087e(f)(4)(C)(ii)(III)(bb)
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    (bb) a written certification, or an equivalent as approved by the Secretary, that the borrower is registered with a public or private employment agency due to a loss of employment resulting from relocation to accommodate such permanent change in duty station.
  • 20 U.S.C. § 1087e(g)(2)(A)(i)
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    (i) A married couple, or 2 individuals who were previously a married couple, and who received a joint consolidation loan as such married couple under subparagraph (C) of section 1078–3(a)(3) of this title (as such subparagraph was in effect on June 30, 2006), may apply to the Secretary, in accordance with subparagraph (C) of this paragraph, for each individual borrower in the married couple (or previously married couple) to receive a separate Federal Direct Consolidation Loan under this part.
  • 20 U.S.C. § 1087e(g)(2)(B)
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    (B) Notwithstanding section 1078–3(a)(3)(A) of this title or any other provision of law, for each individual borrower who applies under subparagraph (A), the Secretary shall—
    (i) make a separate Federal Direct Consolidation Loan under this part that—
    (I) shall be for an amount equal to the product of—
    (aa) the unpaid principal and accrued unpaid interest of the joint consolidation loan (as of the date that is the day before such separate consolidation loan is made) and any outstanding charges and fees with respect to such loan; and
    (bb) the percentage of the joint consolidation loan attributable to the loans of the individual borrower for whom such separate consolidation loan is being made, as determined—
    (AA) on the basis of the loan obligations of such borrower with respect to such joint consolidation loan (as of the date such joint consolidation loan was made); or
    (BB) in the case in which both borrowers request, on the basis of proportions outlined in a divorce decree, court order, or settlement agreement; and
    (II) has the same rate of interest as the joint consolidation loan (as of the date that is the day before such separate consolidation loan is made); and
    (ii) in a timely manner, notify each individual borrower that the joint consolidation loan had been repaid and of the terms and conditions of their new loans.
  • 20 U.S.C. § 1087e(g)(2)(C)(ii)(I)
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    (I) the individual borrower certifies to the Secretary that such borrower—
    (aa) has experienced an act of domestic violence (as defined in section 12291 of title 34 from the other individual borrower;
    (bb) has experienced economic abuse (as defined in section 12291 of title 34 from the other individual borrower; or
    (cc) is unable to reasonably reach or access the loan information of the other individual borrower; or
  • 20 U.S.C. § 1087e(g)(2)(C)(ii)(II)
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    (II) the Secretary determines that authorizing each individual borrower to apply separately under subparagraph (A) would be in the best fiscal interests of the Federal Government.
  • 20 U.S.C. § 1087e(h)
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    (h) Notwithstanding any other provision of State or Federal law, the Secretary shall specify in regulations which acts or omissions of an institution of higher education a borrower may assert as a defense to repayment of a loan made under this part, except that in no event may a borrower recover from the Secretary, in any action arising from or relating to a loan made under this part, an amount in excess of the amount such borrower has repaid on such loan.
  • 20 U.S.C. § 1087e(i)
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    (i) The common financial reporting form required in section 1090(a)(1) of this title shall constitute the application for loans made under this part (other than a Federal Direct PLUS loan). The Secretary shall develop, print, and distribute to participating institutions a standard promissory note and loan disclosure form.
  • 20 U.S.C. § 1087e(j)(2)
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    (2) The Secretary shall establish periods for the payments described in paragraph (1) in a manner consistent with payment of Federal Pell Grants under subpart 1 of part A of this subchapter.
  • 20 U.S.C. § 1087e(k)(1)(B)
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    (B) Except as otherwise required by regulations of the Secretary1 an institution may maintain loan funds under this part in the same account as other Federal student financial assistance.
  • 20 U.S.C. § 1087e(k)(3)
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    (3) All transaction histories under this part shall be maintained using the same system designated by the Secretary for the provision of Federal Pell Grants under subpart 1 of part A of this subchapter.
  • 20 U.S.C. § 1087e(l)(1)
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    (1) Using funds received by transfer to the Secretary under section 2174 of title 10 or section 3078 of title 33 for the payment of interest on a loan made under this part to a member of the Armed Forces or an officer in the commissioned officer corps of the National Oceanic and Atmospheric Administration, respectively, the Secretary shall pay the interest on the loan as due for a period not in excess of 36 consecutive months. The Secretary may not pay interest on such a loan out of any funds other than funds that have been so transferred.
  • 20 U.S.C. § 1087e(l)(2)
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    (2) During the period in which the Secretary is making payments on a loan under paragraph (1), the Secretary shall grant the borrower forbearance, in the form of a temporary cessation of all payments on the loan other than the payments of interest on the loan that are made under that paragraph.
  • 20 U.S.C. § 1087e(m)(1)
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    (1) The Secretary shall cancel the balance of interest and principal due, in accordance with paragraph (2), on any eligible Federal Direct Loan not in default for a borrower who—
    (A) has made 120 monthly payments on the eligible Federal Direct Loan after October 1, 2007, pursuant to any one or a combination of the following—
    (i) payments under an income-based repayment plan under section 1098e of this title;
    (ii) payments under a standard repayment plan under subsection (d)(1)(A), based on a 10-year repayment period;
    (iii) monthly payments under a repayment plan under subsection (d)(1) or (g) of not less than the monthly amount calculated under subsection (d)(1)(A), based on a 10-year repayment period;
    (iv) payments under an income contingent repayment plan under subsection (d)(1)(D) (as in effect on the day before the date of the repeal of subsection (e) of this section); or
    (v) on-time payments under the Repayment Assistance Plan under subsection (q); and
    (i) is employed in a public service job at the time of such forgiveness; and
    (ii) has been employed in a public service job during the period in which the borrower makes each of the 120 payments described in subparagraph (A).
  • 20 U.S.C. § 1087e(m)(2)
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    (2) After the conclusion of the employment period described in paragraph (1), the Secretary shall cancel the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part.
  • 20 U.S.C. § 1087e(m)(3)(B)(ii)
    Go to provision →
    (ii) teaching as a full-time faculty member at a Tribal College or University as defined in section 1059c(b) of this title and other faculty teaching in high-needs subject areas or areas of shortage (including nurse faculty, foreign language faculty, and part-time faculty at community colleges), as determined by the Secretary.
  • 20 U.S.C. § 1087e(n)
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    (n) The Secretary shall take such steps as may be necessary to ensure that monthly Federal Direct Loan statements and other publications of the Department do not contain more than four digits of the Social Security number of any individual.
  • 20 U.S.C. § 1087e(p)
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    (p) Each institution of higher education with which the Secretary has an agreement under section 1087c of this title, and each contractor with which the Secretary has a contract under section 1087f of this title, shall, with respect to loans under this part and in accordance with such regulations as the Secretary shall prescribe, comply with each of the requirements under section 1083 of this title that apply to a lender with respect to a loan under part B.
  • 20 U.S.C. § 1087e(q)(1)
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    (1) Notwithstanding any other provision of this chapter, beginning on July 1, 2026, the Secretary shall carry out an income-based repayment plan (to be known as the “Repayment Assistance Plan”), that shall have the following terms and conditions:
    (A) The total monthly repayment amount owed by a borrower for all of the loans of the borrower that are repaid pursuant to the Repayment Assistance Plan shall be equal to the applicable monthly payment of a borrower calculated under paragraph (4)(B), except that the borrower may not be precluded from repaying an amount that exceeds such amount for any month.
    (B) The Secretary shall apply the borrower’s applicable monthly payment under this paragraph first toward interest due on each such loan, next toward any fees due on each loan, and then toward the principal of each loan.
    (C) Any principal due and not paid under subparagraph (B) or paragraph (2)(B) shall be deferred.
    (D) A borrower who is not in a period of deferment or forbearance shall make an applicable monthly payment for each month until the earlier of—
    (i) the date on which the outstanding balance of principal and interest due on all of the loans of the borrower that are repaid pursuant to the Repayment Assistance Plan is $0; or
    (ii) the date on which the borrower has made 360 qualifying monthly payments.
    (E) The Secretary shall cancel any outstanding balance of principal and interest due on a loan made under this part to a borrower—
    (i) who, for any period of time, participated in the Repayment Assistance Plan under this subsection;
    (ii) whose most recent payment for such loan prior to the loan cancellation under this subparagraph was made under such Repayment Assistance Plan; and
    (iii) who has made 360 qualifying monthly payments on such loan.
    (F) For the purposes of this subsection, the term “qualifying monthly payment” means any of the following:
    (i) An on-time applicable monthly payment under this subsection.
    (ii) An on-time monthly payment under the standard repayment plan under subsection (d)(7)(A)(i) of not less than the monthly payment required under such plan.
    (iii) A monthly payment under any repayment plan (excluding the Repayment Assistance Plan under this subsection) of not less than the monthly payment that would be required under a standard repayment plan under subsection (d)(1)(A) with a repayment period of 10 years.
    (iv) A monthly payment under section 1098e of this title of not less than the monthly payment required under such section, including a monthly payment equal to the minimum payment amount permitted under such section.
    (v) A monthly payment made before July 1, 2028, under an income contingent repayment plan carried out under subsection (d)(1)(D) (or under an alternative repayment plan in lieu of repayment under such an income contingent repayment plan, if placed in such an alternative repayment plan by the Secretary) of not less than the monthly payment required under such a plan, including a monthly payment equal to the minimum payment amount permitted under such a plan.
    (vi) A month when the borrower did not make a payment because the borrower was in deferment under subsection (f)(2)(B) or due to an economic hardship described in subsection (f)(2)(D).
    (vii) A month that ended before July 4, 2025, when the borrower did not make a payment because the borrower was in a period of deferment or forbearance described in section 685.209(k)(4)(iv) of title 34, Code of Federal Regulations (as in effect on July 4, 2025).
    (G) The procedures established by the Secretary under section 1098e(c) of this title shall apply for annually determining the borrower’s eligibility for the Repayment Assistance Plan, including verification of a borrower’s annual income and the annual amount due on the total amount of loans eligible to be repaid under this subsection, and such other procedures as are necessary to effectively implement income-based repayment under this subsection. With respect to carrying out section 1098h(a)(2) of this title for the Repayment Assistance Plan, an individual may elect to opt out of the disclosures required under section 1098h(a)(2)(A)(ii) of this title in accordance with the procedures established under section 1098e(c)(2) of this title.
  • 20 U.S.C. § 1087e(q)(1)(B)
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    (B) The Secretary shall apply the borrower’s applicable monthly payment under this paragraph first toward interest due on each such loan, next toward any fees due on each loan, and then toward the principal of each loan.
  • 20 U.S.C. § 1087e(q)(1)(E)
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    (E) The Secretary shall cancel any outstanding balance of principal and interest due on a loan made under this part to a borrower—
    (i) who, for any period of time, participated in the Repayment Assistance Plan under this subsection;
    (ii) whose most recent payment for such loan prior to the loan cancellation under this subparagraph was made under such Repayment Assistance Plan; and
    (iii) who has made 360 qualifying monthly payments on such loan.
  • 20 U.S.C. § 1087e(q)(1)(F)(v)
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    (v) A monthly payment made before July 1, 2028, under an income contingent repayment plan carried out under subsection (d)(1)(D) (or under an alternative repayment plan in lieu of repayment under such an income contingent repayment plan, if placed in such an alternative repayment plan by the Secretary) of not less than the monthly payment required under such a plan, including a monthly payment equal to the minimum payment amount permitted under such a plan.
  • 20 U.S.C. § 1087e(q)(1)(G)
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    (G) The procedures established by the Secretary under section 1098e(c) of this title shall apply for annually determining the borrower’s eligibility for the Repayment Assistance Plan, including verification of a borrower’s annual income and the annual amount due on the total amount of loans eligible to be repaid under this subsection, and such other procedures as are necessary to effectively implement income-based repayment under this subsection. With respect to carrying out section 1098h(a)(2) of this title for the Repayment Assistance Plan, an individual may elect to opt out of the disclosures required under section 1098h(a)(2)(A)(ii) of this title in accordance with the procedures established under section 1098e(c)(2) of this title.
  • 20 U.S.C. § 1087e(q)(2)(B)
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    (B) With respect to a borrower of a loan made under this part and not in a period of deferment or forbearance, for each month for which a borrower makes an on-time applicable monthly payment required under paragraph (1)(A) and such monthly payment reduces the total outstanding principal balance of all loans of the borrower repaid pursuant to the Repayment Assistance Plan under this subsection by less than $50, the Secretary shall reduce such total outstanding principal balance of the borrower by an amount that is equal to—
    (i) the amount that is the lesser of—
    (I) $50; or
    (II) the total amount paid by the borrower for such month pursuant to paragraph (1)(A); minus
    (ii) the total amount paid by the borrower for such month pursuant to paragraph (1)(A) that is applied to such total outstanding principal balance.
  • 20 U.S.C. § 1087e(q)(3)
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    (3) A borrower who chooses, or is required, to repay a loan under this subsection, and for whom adjusted gross income is unavailable or does not reasonably reflect the borrower’s current income, shall provide to the Secretary other documentation of income satisfactory to the Secretary, which documentation the Secretary may use to determine repayment under this subsection.
  • 20 U.S.C. § 1087e(q)(4)(B)(vi)
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    (vi) In the case of a borrower who is required by the Secretary to provide information to the Secretary to determine the applicable monthly payment of the borrower under this subparagraph, and who does not comply with such requirement, the applicable monthly payment of the borrower shall be—
    (I) the sum of the monthly payment amounts the borrower would have paid for each of the borrower’s loans made under this part under a standard repayment plan with a fixed monthly repayment amount, paid over a period of 10 years, based on the outstanding principal due on such loan when such loan entered repayment; and
    (II) determined pursuant to this clause until the date on which the borrower provides such information to the Secretary.
  • 20 U.S.C. § 1087e(q)(4)(B)(vi)(II)
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    (II) determined pursuant to this clause until the date on which the borrower provides such information to the Secretary.
  • 20 U.S.C. § 1087ee(a)(2)(A)(i)(I)
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    (I) has been determined by the Secretary (pursuant to regulations of the Secretary and after consultation with the State educational agency of the State in which the school is located) to be a school in which the number of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6313(a)(5)], exceeds 30 percent of the total number of children enrolled in such school; and
  • 20 U.S.C. § 1087ee(a)(2)(A)(ii)
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    (ii) in one or more public, or nonprofit private, elementary schools or secondary schools or locations operated by an educational service agency that have been determined by the Secretary (pursuant to regulations of the Secretary and after consultation with the State educational agency of the State in which the educational service agency operates) to be a school or location at which the number of children taught who meet a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6313(a)(5)], exceeds 30 percent of the total number of children taught at such school or location;
  • 20 U.S.C. § 1087ee(a)(4)
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    (4) For the purpose of this subsection, the term “year” where applied to service as a teacher means academic year as defined by the Secretary.
  • 20 U.S.C. § 1087ee(b)
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    (b) The Secretary shall pay to each institution for each fiscal year an amount equal to the aggregate of the amounts of loans from its student loan fund which are canceled pursuant to this section for such year, minus an amount equal to the aggregate of the amounts of any such loans so canceled which were made from Federal capital contributions to its student loan fund provided by the Secretary under section 1087hh of this title. None of the funds appropriated pursuant to section 1087aa(b)1 of this title shall be available for payments pursuant to this subsection. To the extent feasible, the Secretary shall pay the amounts for which any institution qualifies under this subsection not later than 3 months after the institution files an institutional application for campus-based funds.
  • 20 U.S.C. § 1087ee(c)(1)
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    (1) If the list of schools in which a teacher may perform service pursuant to subsection (a)(2)(A) is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make such service determination.
  • 20 U.S.C. § 1087f(a)(1)
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    (1) The Secretary shall, to the extent practicable, award contracts for origination, servicing, and collection described in subsection (b). In awarding such contracts, the Secretary shall ensure that such services and supplies are provided at competitive prices.
  • 20 U.S.C. § 1087f(a)(2)
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    (2) The entities with which the Secretary may enter into contracts shall include only entities which the Secretary determines are qualified to provide such services and supplies and will comply with the procedures applicable to the award of such contracts. In the case of awarding contracts for the origination, servicing, and collection of loans under this part, the Secretary shall enter into contracts only with entities that have extensive and relevant experience and demonstrated effectiveness. The entities with which the Secretary may enter into such contracts shall include, where practicable, agencies with agreements with the Secretary under sections 1078(b) and (c) of this title, if such agencies meet the qualifications as determined by the Secretary under this subsection and if those agencies have such experience and demonstrated effectiveness. In awarding contracts to such State agencies, the Secretary shall, to the extent practicable and consistent with the purposes of this part, give special consideration to State agencies with a history of high quality performance to perform services for institutions of higher education within their State.
  • 20 U.S.C. § 1087f(b)
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    (b) The Secretary may enter into contracts for—
    (1) the alternative origination of loans to students attending institutions of higher education with agreements to participate in the program under this part (or their parents), if such institutions do not have agreements with the Secretary under section 1087d(b) of this title;
    (2) the servicing and collection of loans made or purchased under this part;
    (3) the establishment and operation of 1 or more data systems for the maintenance of records on all loans made or purchased under this part; and
    (4) such other aspects of the direct student loan program as the Secretary determines are necessary to ensure the successful operation of the program.
  • 20 U.S.C. § 1087f(b)(1)
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    (1) the alternative origination of loans to students attending institutions of higher education with agreements to participate in the program under this part (or their parents), if such institutions do not have agreements with the Secretary under section 1087d(b) of this title;
  • 20 U.S.C. § 1087f(b)(4)
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    (4) such other aspects of the direct student loan program as the Secretary determines are necessary to ensure the successful operation of the program.
  • 20 U.S.C. § 1087ff(a)(1)
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    (1) The Secretary shall first be paid an amount which bears the same ratio to the balance in such fund at the close of September 30, 2017, as the total amount of the Federal capital contributions to such fund by the Secretary under this part bears to the sum of such Federal contributions and the institution’s capital contributions to such fund.
  • 20 U.S.C. § 1087ff(b)
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    (b) Beginning October 1, 2017, each institution with which the Secretary has made an agreement under this part, shall pay to the Secretary the same proportionate share of amounts received by this institution after September 30, 2017, in payment of principal and interest on student loans made from the student loan fund established pursuant to such agreement (which amount shall be determined after deduction of any costs of litigation incurred in collection of the principal or interest on loans from the fund and not already reimbursed from the fund or from such payments of principal or interest), as was determined for the Secretary under subsection (a).
  • 20 U.S.C. § 1087ff(c)(1)
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    (1) Upon a finding by the institution or the Secretary prior to October 1, 2017, that the liquid assets of a student loan fund established pursuant to an agreement under this part exceed the amount required for loans or otherwise in the foreseeable future, and upon notice to such institution or to the Secretary, as the case may be, there shall be, subject to such limitations as may be included in regulations of the Secretary or in such agreement, a capital distribution from such fund. Such capital distribution shall be made as follows:
    (A) The Secretary shall first be paid an amount which bears the same ratio to the total to be distributed as the Federal capital contributions by the Secretary to the student loan fund prior to such distribution bear to the sum of such Federal capital contributions and the capital contributions to the fund made by the institution.
    (B) The remainder of the capital distribution shall be paid to the institution.
  • 20 U.S.C. § 1087ff(c)(1)(A)
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    (A) The Secretary shall first be paid an amount which bears the same ratio to the total to be distributed as the Federal capital contributions by the Secretary to the student loan fund prior to such distribution bear to the sum of such Federal capital contributions and the capital contributions to the fund made by the institution.
  • 20 U.S.C. § 1087gg(a)
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    (a) With respect to any loan—
    (1) which was made under this part, and
    (2) which is referred, transferred, or assigned to the Secretary by an institution with an agreement under section 1087cc(a) of this title,
    the Secretary is authorized to attempt to collect such loan by any means authorized by law for collecting claims of the United States (including referral to the Attorney General for litigation) and under such terms and conditions as the Secretary may prescribe, including reimbursement for expenses reasonably incurred in attempting such collection.
  • 20 U.S.C. § 1087gg(a)(2)
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    (2) which is referred, transferred, or assigned to the Secretary by an institution with an agreement under section 1087cc(a) of this title,
  • 20 U.S.C. § 1087gg(b)
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    (b) The Secretary shall continue to attempt to collect any loan referred, transferred, or assigned under paragraph (4) or (5) of section 1087cc(a) of this title until all appropriate collection efforts, as determined by the Secretary, have been expended.
  • 20 U.S.C. § 1087h(a)(1)
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    (1) There shall be available to the Secretary (in addition to any other amounts appropriated under any appropriations Act for administrative costs under this part and part B and out of any money in the Treasury not otherwise appropriated) $1,000,000,000 to be obligated for administrative costs under this part and part B, including the costs of servicing the direct student loan programs under this part, which shall remain available until expended.
  • 20 U.S.C. § 1087h(a)(4)
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    (4) For each of the fiscal years 2007 through 2021,1 there shall be available to the Secretary, from funds not otherwise appropriated, funds to be obligated for account maintenance fees payable to guaranty agencies under part B and calculated in accordance with subsection (b).
  • 20 U.S.C. § 1087h(a)(6)(A)
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    (A) The Secretary shall provide institutions of higher education participating, or seeking to participate, in the loan programs under this part with technical assistance in establishing and administering such programs.
  • 20 U.S.C. § 1087h(a)(7)(A)
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    (A) The Secretary shall provide payments to loan servicers for retaining jobs at locations in the United States where such servicers were operating under part B on January 1, 2010.
  • 20 U.S.C. § 1087h(a)(8)
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    (8) The Secretary may carry over funds made available under this section to a subsequent fiscal year.
  • 20 U.S.C. § 1087h(c)
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    (c) No funds may be expended under this section unless the Secretary includes in the Department of Education’s annual budget justification to Congress a detailed description of the specific activities for which the funds made available by this section have been used in the prior and current years (if applicable), the activities and costs planned for the budget year, and the projection of activities and costs for each remaining year for which administrative expenses under this section are made available.
  • 20 U.S.C. § 1087hh
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    In carrying out the provisions of this part, the Secretary is authorized—
  • 20 U.S.C. § 1087i
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    The Secretary, in consultation with the Secretary of the Treasury, is authorized to sell loans made under this part on such terms as the Secretary determines are in the best interest of the United States, except that any such sale shall not result in any cost to the Federal Government. Notwithstanding any other provision of law, the proceeds of any such sale may be used by the Secretary to offer reductions in the interest rate paid by a borrower of a loan made under this part as the Secretary determines appropriate to encourage on-time repayment in accordance with section 1087e(b)(7) of this title. Such reductions may be offered only if the Secretary determines the reductions are in the best financial interests of the Federal Government.
  • 20 U.S.C. § 1087i–1(a)(1)
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    (1) Upon a determination by the Secretary that there is an inadequate availability of loan capital to meet the demand for loans under sections 1078, 1078–2, or 1078–8 of this title, whether as a result of inadequate liquidity for such loans or for other reasons, the Secretary, in consultation with the Secretary of the Treasury, is authorized to purchase, or enter into forward commitments to purchase, from any eligible lender, as defined by section 1085(d)(1) of this title, loans first disbursed under sections 1078, 1078–2, or 1078–8 of this title on or after October 1, 2003, and before July 1, 2010, on such terms as the Secretary, the Secretary of the Treasury, and the Director of the Office of Management and Budget jointly determine are in the best interest of the United States, except that any purchase under this section shall not result in any net cost to the Federal Government (including the cost of servicing the loans purchased), as determined jointly by the Secretary, the Secretary of the Treasury, and the Director of the Office of Management and Budget.
  • 20 U.S.C. § 1087i–1(a)(2)
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    (2) The Secretary, the Secretary of the Treasury, and the Director of the Office of Management and Budget, shall jointly publish a notice in the Federal Register prior to any purchase of loans under paragraph (1) that—
    (A) establishes the terms and conditions governing the purchases authorized by paragraph (1);
    (B) includes an outline of the methodology and factors that the Secretary, the Secretary of the Treasury, and the Director of the Office of Management and Budget, will jointly consider in evaluating the price at which to purchase loans made under section 1078, 1078–2, or 1078–8 of this title; and
    (C) describes how the use of such methodology and consideration of such factors used to determine purchase price will ensure that loan purchases do not result in any net cost to the Federal Government (including the cost of servicing the loans purchased).
  • 20 U.S.C. § 1087i–1(a)(2)(B)
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    (B) includes an outline of the methodology and factors that the Secretary, the Secretary of the Treasury, and the Director of the Office of Management and Budget, will jointly consider in evaluating the price at which to purchase loans made under section 1078, 1078–2, or 1078–8 of this title; and
  • 20 U.S.C. § 1087i–1(a)(3)(A)
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    (A) In addition to the authority described in paragraph (1), the Secretary, in consultation with the Secretary of the Treasury, is authorized to purchase, or enter into forward commitments to purchase, from any eligible lender (as defined in section 1085(d)(1) of this title), loans that such lender purchased under section 1078–6 of this title on or after October 1, 2003, and before July 1, 2010, and that are not in default, on such terms as the Secretary, the Secretary of the Treasury, and the Director of the Office of Management and Budget jointly determine are in the best interest of the United States, except that any purchase under this paragraph shall not result in any net cost to the Federal Government (including the cost of servicing the loans purchased), as determined jointly by the Secretary, the Secretary of the Treasury, and the Director of the Office of Management and Budget.
  • 20 U.S.C. § 1087i–1(a)(3)(B)
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    (B) The Secretary, the Secretary of the Treasury, and the Director of the Office of Management and Budget shall jointly publish a notice in the Federal Register prior to any purchase of loans under this paragraph that—
    (i) establishes the terms and conditions governing the purchases authorized by this paragraph;
    (ii) includes an outline of the methodology and factors that the Secretary, the Secretary of the Treasury, and the Director of the Office of Management and Budget will jointly consider in evaluating the price at which to purchase loans rehabilitated pursuant to section 1078–6(a) of this title; and
    (iii) describes how the use of such methodology and consideration of such factors used to determine purchase price will ensure that loan purchases do not result in any net cost to the Federal Government (including the cost of servicing the loans purchased).
  • 20 U.S.C. § 1087i–1(a)(3)(B)(ii)
    Go to provision →
    (ii) includes an outline of the methodology and factors that the Secretary, the Secretary of the Treasury, and the Director of the Office of Management and Budget will jointly consider in evaluating the price at which to purchase loans rehabilitated pursuant to section 1078–6(a) of this title; and
  • 20 U.S.C. § 1087i–1(b)
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    (b) The Secretary shall require, as a condition of any purchase under subsection (a), that the funds paid by the Secretary to any eligible lender under this section be used—
    (1) to ensure continued participation of such lender in the Federal student loan programs authorized under part B of this subchapter; and
    (A) in the case of loans purchased pursuant to subsection (a)(1), to originate new Federal loans to students, as authorized under part B of this subchapter; or
    (B) in the case of loans purchased pursuant to subsection (a)(3), to originate such new Federal loans to students, or to purchase loans in accordance with section 1078–6(a) of this title.
  • 20 U.S.C. § 1087i–1(c)
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    (c) The Secretary may, if agreed upon by an eligible lender selling loans under this section, contract with such lender for the servicing of the loans purchased, provided that—
    (1) the cost of such servicing arrangement does not exceed the cost the Federal Government would otherwise incur for the servicing of loans purchased, as determined under subsection (a); and
    (2) such servicing arrangement is in the best interest of the borrowers whose loans are purchased.
  • 20 U.S.C. § 1087i–1(d)
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    (d) Notwithstanding any other provision of this chapter, beginning on the date on which the Secretary purchases a loan under this section—
    (1) the guaranty agency that insured such loan shall cease to have any obligations, responsibilities, or rights (including rights to any payment) under this chapter for any activity related to the administration of such loan that is carried out or required to be carried out on or after the date of such purchase; and
    (2) the insurance issued by such agency pursuant to section 1078(b) of this title for such loan shall cease to be effective with respect to any default on such loan that occurs on or after the date of such purchase.
  • 20 U.S.C. § 1087i–1(e)
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    (e) The Secretary shall prepare, transmit to the authorizing committees, and make available to the public, the following:
    (A) Not later than 60 days after the end of each quarter during the period beginning July 1, 2008, and ending September 30, 2010, a quarterly report on—
    (i) the number of loans the Secretary has agreed to purchase, or has purchased, using the authority provided under this section, and the total amount of outstanding principal and accrued interest of such loans, during such period; and
    (ii) the number of loans in which the Secretary has purchased a participation interest, and the total amount of outstanding principal and accrued interest of such loans, during such period.
    (B) For each quarterly report, the information described in clauses (i) and (ii) of subparagraph (A) shall be disaggregated by lender and, for each lender, by category of institution (using the categories described in section 1015a(d) of this title) and type of loan.
    (2) Not later than February 15, 2011, an estimate of the costs associated with the program of purchasing loans described in paragraph (1)(A)(i) during the period beginning July 1, 2008, and ending September 30, 2010, and an estimate of the costs associated with the program of purchasing a participation interest in loans described in paragraph (1)(A)(ii) during such period. Each such estimate shall—
    (A) contain the same level of detail, and be reported in a similar manner, as the budget estimates provided for the loan program under part B and the direct student loan program under this part in the President’s annual budget submission to Congress, except that current and future administrative costs shall also be reported;
    (B) include an estimate of the gross and net outlays that have been, or will be, incurred by the Federal Government (including subsidy and administrative costs, and any payments made by the Department to lenders, trusts, or other entities related to such activities) in purchasing such loans or purchasing a participation interest in such loans during such period (as applicable); and
    (C) include a comparison of—
    (i) the average amount of the gross and net outlays (including costs and payments) described in subparagraph (B) for each $100 of loans purchased or for which a participation interest was purchased (as applicable) during such period, disaggregated by type of loan; with
    (ii) the average amount of such gross and net outlays (including costs and payments) to the Federal Government for each $100 of comparable loans made under this part and part B during such period, disaggregated by part and by type of loan.
    (3) Not later than February 15 of the fiscal year following each of the fiscal years 2008, 2009, 2010, and 2011, an annual estimate of the costs associated with the program of purchasing loans described in paragraph (1)(A)(i), and an annual estimate of the costs associated with the program of purchasing a participation interest in loans described in paragraph (1)(A)(ii), that includes the information described in paragraph (2) for such fiscal year.
  • 20 U.S.C. § 1087i–1(e)(1)(A)(i)
    Go to provision →
    (i) the number of loans the Secretary has agreed to purchase, or has purchased, using the authority provided under this section, and the total amount of outstanding principal and accrued interest of such loans, during such period; and
  • 20 U.S.C. § 1087i–1(e)(1)(A)(ii)
    Go to provision →
    (ii) the number of loans in which the Secretary has purchased a participation interest, and the total amount of outstanding principal and accrued interest of such loans, during such period.
  • 20 U.S.C. § 1087i–1(f)
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    (f) The Secretary’s authority to purchase loans under this section shall expire on July 1, 2010.
  • 20 U.S.C. § 1087i–2(a)(2)(B)
    Go to provision →
    (B) loans purchased by the Secretary pursuant to section 1087i–1 of this title; and
  • 20 U.S.C. § 1087i–2(a)(3)
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    (3) The Secretary may make a Federal Direct Consolidation Loan under this section to a borrower whose application for such Federal Direct Consolidation Loan is received on or after July 1, 2010, and before July 1, 2011.
  • 20 U.S.C. § 1087j(b)
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    (b) The Secretary shall carry out a program of canceling the obligation to repay a qualified loan amount in accordance with subsection (c) for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans made under this part for any new borrower on or after October 1, 1998, who—
    (1) has been employed as a full-time teacher for 5 consecutive complete school years—
    (A) in a school or location that qualifies under section 1087ee(a)(2)(A) of this title for loan cancellation for Perkins loan recipients who teach in such schools or locations; and
    (B) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 91011 of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7801], or meets the requirements of subsection (g)(3); and
    (2) is not in default on a loan for which the borrower seeks forgiveness.
  • 20 U.S.C. § 1087j(c)(1)
    Go to provision →
    (1) The Secretary shall cancel not more than $5,000 in the aggregate of the loan obligation on a Federal Direct Stafford Loan or a Federal Direct Unsubsidized Stafford Loan that is outstanding after the completion of the fifth complete school year of teaching described in subsection (b)(1). No borrower may receive a reduction of loan obligations under both this section and section 1078–10 of this title.
  • 20 U.S.C. § 1087j(c)(2)
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    (2) A loan amount for a Federal Direct Consolidation Loan may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 1078 or 1078–8 of this title, for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary.
  • 20 U.S.C. § 1087j(c)(3)
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    (3) Notwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall cancel under this section shall be not more than $17,500 in the case of—
    (A) a secondary school teacher—
    (i) who meets the requirements of subsection (b); and
    (ii) whose qualifying employment for purposes of such subsection is teaching mathematics or science on a full-time basis; and
    (B) an elementary school or secondary school teacher—
    (i) who meets the requirements of subsection (b);
    (ii) whose qualifying employment for purposes of such subsection is as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in section 1401 of this title); and
    (iii) who, as certified by the chief administrative officer of the public or non-profit private elementary school or secondary school in which the borrower is employed, or, in the case of a teacher who is employed by an educational service agency, as certified by the chief administrative officer of such agency, is teaching children with disabilities that correspond with the borrower’s special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary school or secondary school curriculum that the borrower is teaching.
  • 20 U.S.C. § 1087j(d)
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    (d) The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section.
  • 20 U.S.C. § 1087j(f)
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    (f) If the list of schools in which a teacher may perform service pursuant to subsection (b) is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make such service determination.
  • 20 U.S.C. § 1087j(h)
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    (h) For the purpose of this section, the term “year” where applied to service as a teacher means an academic year as defined by the Secretary.
  • 20 U.S.C. § 1087mm(b)
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    (b) The Secretary shall consider an applicant to automatically have a student aid index equal to zero if the applicant is eligible for the total maximum Federal Pell Grant under section 1070a(b)(1)(A) of this title, except that, if the applicant has a calculated student aid index of less than zero the Secretary shall consider the negative number as the student aid index for the applicant.
  • 20 U.S.C. § 1087mm(c)
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    (c) Notwithstanding subsection (b), for an applicant (or, as applicable, an applicant and spouse, or an applicant’s parents) who is not required to file a Federal tax return for the second preceding tax year, the Secretary shall for the purposes of this subchapter consider the student aid index as equal to − $1,500 for the applicant.
  • 20 U.S.C. § 1087oo(c)(3)
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    (3) The income protection allowance shall equal the amount determined in the following table, as adjusted by the Secretary pursuant to section 1087rr(b) of this title:
  • 20 U.S.C. § 1087oo(c)(4)
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    (4) The employment expense allowance is equal to the lesser of $4,000 or 35 percent of the single parent’s earned income or married parents’ combined earned income (as adjusted by the Secretary pursuant to section 1087rr(g) of this title).
  • 20 U.S.C. § 1087oo(d)(2)
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    (2) The asset protection allowance is calculated based on the following table (as revised by the Secretary pursuant to section 10877rr(d) of this title)):
  • 20 U.S.C. § 1087oo(e)
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    (e) The assessment of the parents’ adjusted available income (as determined under subsection (b)(1) and hereafter in this subsection referred to as “AAI”) is calculated based on the following table (as revised by the Secretary pursuant to section 1087rr(e) of this title):
  • 20 U.S.C. § 1087pp(b)(3)(A)
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    (A) If the student is married, such allowance is equal to the lesser of $4,000 or 35 percent of the couple’s combined earned income (as adjusted by the Secretary pursuant to section 1087rr(g) of this title).
  • 20 U.S.C. § 1087pp(c)(2)
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    (2) The asset protection allowance is calculated based on the following table (as revised by the Secretary pursuant to section 1087rr(d) of this title):
  • 20 U.S.C. § 1087qq(b)(3)
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    (3) The income protection allowance shall equal the amount determined in the following table, as adjusted by the Secretary pursuant to section 1078rr(b) of this title):
    (A) In the case of a married independent student with dependents:
    (B) In the case of a single independent student with dependents:
  • 20 U.S.C. § 1087qq(b)(4)
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    (4) The employment expense allowance is equal to the lesser of $4,000 or 35 percent of the student’s earned income or the combined earned income of the student and the student’s spouse, if applicable (as adjusted by the Secretary pursuant to section 1087rr(g) of this title).
  • 20 U.S.C. § 1087qq(c)(2)
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    (2) The asset protection allowance is calculated based on the following table (as revised by the Secretary pursuant to section 1087rr(d) of this title):
  • 20 U.S.C. § 1087qq(d)
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    (d) The assessment of adjusted available income (as determined under subsection (a)(1) and hereafter in this subsection referred to as “AAI”) is calculated based on the following table (as revised by the Secretary pursuant to section 1087rr(e) of this title):
  • 20 U.S.C. § 1087rr(a)
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    (a) Notwithstanding any other provision of law, the Secretary shall not have the authority to prescribe regulations to carry out this part except—
    (1) to prescribe updated tables in accordance with subsections (b) through (g); and
    (2) with respect to the definition of cost of attendance under section 1087ll of this title, excluding section 1087ll(a)(1) of this title.
  • 20 U.S.C. § 1087rr(b)
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    (b) For award year 2023–2024 and each subsequent award year, the Secretary shall publish in the Federal Register revised income protection allowances for the purposes of subsections (c)(3) and (g)(2)(C) of section 1087oo of this title, subclauses (I) and (II) of section 1087pp(b)(1)(A)(iii) of this title, and section 1087qq(b)(3) of this title, by increasing the income protection allowances in each of such provisions, by a percentage equal to the percentage increase in the Consumer Price Index, as defined in subsection (f), between April 2020 and the April in the year prior to the beginning of the award year and rounding the result to the nearest $10.
  • 20 U.S.C. § 1087rr(c)(2)
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    (2) For award year 2023–2024 and each subsequent award year, the Secretary shall publish in the Federal Register a revised table of the adjusted net worth of a farm or business for purposes of section 1087vv(f) of this title. Such revised table shall be developed—
    (A) by increasing each dollar amount that refers to net worth of a farm or business by a percentage equal to the percentage increase in the Consumer Price Index between April 2020 and the April in the year prior to the beginning of such award year, and rounding the result to the nearest $5,000; and
    (B) by adjusting the dollar amounts in the column referring to the adjusted net worth to reflect the changes made pursuant to subparagraph (A).
  • 20 U.S.C. § 1087rr(d)
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    (d) For award year 2023–2024 and each subsequent award year, the Secretary shall publish in the Federal Register a revised table of allowances for the purpose of sections 1087oo(d)(2), 1087pp(c)(2), and 1087qq(c)(2) of this title. Such revised table shall be developed by determining the present value cost, rounded to the nearest $100, of an annuity that would provide, for each age cohort of 40 and above, a supplemental income at age 65 (adjusted for inflation) equal to the difference between the moderate family income (as most recently determined by the Bureau of Labor Statistics), and the current average social security retirement benefits. For each age cohort below 40, the allowance shall be computed by decreasing the allowance for age 40, as updated, by one-fifteenth for each year of age below age 40 and rounding the result to the nearest $100. In making such determinations—
    (1) the tables of allowances specified in sections 1087oo(d)(2), 1087pp(c)(2), and 1087qq(c)(2) of this title shall be considered to be for award year 2021–2022 for the purposes of calculating inflation;
    (2) inflation shall be presumed to be 6 percent per year;
    (3) the rate of return of an annuity shall be presumed to be 8 percent; and
    (4) the sales commission on an annuity shall be presumed to be 6 percent.
  • 20 U.S.C. § 1087rr(e)
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    (e) For award year 2023–2024 and each subsequent award year, the Secretary shall publish in the Federal Register a revised table of assessments from adjusted available income for the purpose of sections 1087oo(e) and 1087qq(d) of this title. Such revised table shall be developed—
    (1) by increasing each dollar amount that refers to adjusted available income by a percentage equal to the percentage increase in the Consumer Price Index between April 2020 and the April in the year prior to the beginning of such academic year, rounded to the nearest $100; and
    (2) by adjusting the other dollar amounts to reflect the changes made pursuant to paragraph (1).
  • 20 U.S.C. § 1087rr(g)
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    (g) For award year 2023–2024 and each succeeding award year, the Secretary shall publish in the Federal Register a revised table of employment expense allowances for the purpose of sections 1087oo(c)(4), 1087pp(b)(3), and 1087qq(b)(4) of this title. Such revised table shall be developed by increasing the dollar amount specified in sections 1087oo(c)(4), 1087pp(b)(3), and 1087qq(b)(4) of this title by a percentage equal to the percentage increase in the Consumer Price Index, as defined in subsection (f), between April 2020 and the April in the year prior to the beginning of the award year and rounding the result to the nearest $10.
  • 20 U.S.C. § 1087rr(h)
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    (h) For award year 2023–2024, the Secretary shall determine adjusted amounts and prescribe revised tables with respect to the income protection, employment expense, and asset protection allowances and the assessment schedules under sections 1087oo, 1087pp, and 1087qq of this title, pursuant to this section. The amounts and tables specified in sections 1087oo, 1087pp, and 1087qq of this title with respect to such allowances and schedules shall only be used by the Secretary as a baseline for adjustments and table revisions prescribed in accordance with this section.
  • 20 U.S.C. § 1087ss(b)(1)
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    (1) Except as provided in paragraph (3), in carrying out section 1090 of this title, the Secretary shall not use asset information from an eligible applicant or, as applicable, the parent or spouse of an eligible applicant.
  • 20 U.S.C. § 1087ss(b)(4)(H)(vii)
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    (vii) Other means-tested programs determined by the Secretary to be approximately consistent with the income eligibility requirements of the means-tested programs under clauses (i) through (vi).
  • 20 U.S.C. § 1087tt(c)(2)(A)
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    (A) The Secretary shall—
    (i) enable each student who, based on an unusual circumstance described in section 1087vv(d)(9) of this title, may qualify for an adjustment under subsection (a)(1)(B) that will result in a determination of independence under this section or section 1087uu–2 of this title to complete the Free Application for Federal Student Aid as an independent student for the purpose of a provisional determination of the student’s Federal financial aid award, with the final determination of the award subject to the documentation requirements of subsection (a)(3);
    (ii) upon completion of the Free Application for Federal Student Aid provide an estimate of the student’s Federal Pell Grant award, and other information as specified in section 1090(a)(3)(A) of this title, based on the assumption that the student is determined to be an independent student; and
    (iii) specify, on the Free Application for Federal Student Aid, the consequences under section 1097(a) of this title of knowingly and willfully completing the Free Application for Federal Student Aid as an independent student under clause (i) without meeting the unusual circumstances to qualify for such a determination.
  • 20 U.S.C. § 1087tt(f)(3)
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    (3) The Secretary shall make adjustments to the model used to select institutions of higher education participating under this subchapter for program reviews in order to account for any rise in the use of professional judgment under this section during the award years applicable to the qualifying emergency, as determined by the Secretary.
  • 20 U.S.C. § 1087tt(f)(4)(C)
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    (C) a period of recession or economic downturn as determined by the Secretary, in consultation with the Secretary of Labor.
  • 20 U.S.C. § 1087uu–1(b)
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    (b) The Secretary shall develop guidance, in consultation with Tribal Colleges and Universities (as defined in section 1059c of this title) and the State higher education agency in Alaska and Maine, to implement the determination under subsection (a) without adding additional questions to the FAFSA, including through the use of the authority under section 1087tt of this title.
  • 20 U.S.C. § 1087uu–2(e)
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    (e) A financial aid administrator shall retain all documents related to any determination of independence, including documented interviews, for at least the duration of the student’s enrollment and an additional period prescribed by the Secretary to enable a student to utilize the documents for the purposes of subsection (a)(1)(D), (b)(5), or (d) of this section.
  • 20 U.S.C. § 1087vv(h)(2)
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    (2) References in this part to title 26, Federal income tax forms, and the Internal Revenue Service shall, for purposes of the tax described in paragraph (1), be treated as references to the corresponding laws, tax forms, and tax collection agencies of those jurisdictions, respectively, subject to such adjustments as the Secretary may provide by regulation.
  • 20 U.S.C. § 1087vv(k)(3)
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    (3) The Secretary shall provide procedures for determining family size in cases in which information for the taxable year used in determining the amount of need of the student for financial assistance under this subchapter has changed or does not accurately reflect the applicant’s current household size, including when a divorce settlement only allows a parent to file for the Earned Income Tax Credit available under section 32 of title 26.
  • 20 U.S.C. § 1087–1(b)(2)(F)
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    (F) Subject to paragraph (4), the special allowance paid pursuant to this subsection on loans for which the applicable rate of interest is determined under section 1077a(h) of this title shall be computed (i) by determining the applicable bond equivalent rate of the security with a comparable maturity, as established by the Secretary, (ii) by subtracting the applicable interest rates on such loans from such applicable bond equivalent rate, (iii) by adding 1.0 percent to the resultant percent, and (iv) by dividing the resultant percent by 4. If such computation produces a number less than zero, such loans shall be subject to section 1077a(i) of this title.
  • 20 U.S.C. § 1087–1(b)(2)(H)(v)(I)
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    (I) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1 (as determined by the Secretary for purposes of such section); plus
  • 20 U.S.C. § 1087–1(b)(2)(I)(vii)(III)(aa)
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    (aa) A waiver pursuant to subclause (II) shall be in a form (printed or electronic) prescribed by the Secretary, and shall be applicable to—
    (AA) all loans described in such subclause that the lender holds solely in its own right under any lender identification number associated with the holder (pursuant to section 1094b of this title);
    (BB) all loans described in such subclause for which the beneficial owner has the authority to make an election of a waiver under such subclause, regardless of the lender identification number associated with the loan or the lender that holds the loan as eligible lender trustee on behalf of such beneficial owner; and
    (CC) all future calculations of the special allowance on loans that, on the date of such waiver, are loans described in subitem (AA) or (BB), or that, after such date, become loans described in subitem (AA) or (BB).
  • 20 U.S.C. § 1087–1(b)(2)(I)(vii)(III)(bb)
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    (bb) Any waiver pursuant to subclause (II) that is elected for loans described in subitem (AA) or (BB) of item (aa) shall not apply to any loan described in such subitem for which the lender or beneficial owner of the loan demonstrates to the satisfaction of the Secretary that—
    (AA) in accordance with an agreement entered into before the date of enactment of this section by which such lender or owner is governed and that applies to such loans, such lender or owner is not legally permitted to make an election of such waiver with respect to such loans without the approval of one or more third parties with an interest in the loans, and that the lender or owner followed all available options under such agreement to obtain such approval, and was unable to do so; or
    (BB) such lender or beneficial owner presented the proposal of electing such a waiver applicable to such loans associated with an obligation rated by a nationally recognized statistical rating organization (as defined in section 78c(a)(62) of title 15), and such rating organization provided a written opinion that the agency would downgrade the rating applicable to such obligation if the lender or owner elected such a waiver.
  • 20 U.S.C. § 1087–1(b)(2)(I)(viii)
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    (I) The provisions of this clause apply to loans for which the special allowance payment would otherwise be calculated pursuant to clause (vii).
    (II) For loans described in subclause (III) or (IV), the special allowance payment described in this subclause shall be substituted for the payment provided under clause (vii). For each calendar quarter, the formula for computing the special allowance that would otherwise apply under clause (vii) shall be revised by substituting “of the quotes of the 30-day Average Secured Overnight Financing Rate (SOFR) in effect for each of the days in such quarter as published by the Federal Reserve Bank of New York (or a successor administrator), adjusted daily by adding the tenor spread adjustment, as that term is defined in the Adjustable Interest Rate (LIBOR) Act, for 1-month LIBOR contracts of 0.11448 percent” for “of the 1-month London Inter Bank Offered Rate (LIBOR) for United States dollars in effect for each of the days in such quarter as compiled and released by the British Bankers Association”. The special allowance calculation for loans subject to clause (vii) shall otherwise remain in effect.
    (III) Except as provided in subclause (IV), the special allowance payment calculated under subclause (II) shall apply to all loans for which the holder (or, if the holder acts as an eligible lender trustee for the beneficial owner of the loan, the beneficial owner of the loan) at any time after the effective date of this clause notifies the Secretary that the holder or beneficial owner affirmatively and permanently elects to waive all contractual, statutory, or other legal rights to a special allowance paid under clause (vii) or to the special allowance paid pursuant to any other formula that was previously in effect with respect to such loan, and accepts the rate described in subclause (II). Any such waiver shall apply to all loans then held, or to be held from time to time, by such holder or beneficial owner; provided that, due to the need to obtain the approval of, demonstrated to the satisfaction of the Secretary—
    (aa) one or more third parties with a legal or beneficial interest in loans eligible for the SOFR-based calculation; or
    (bb) a nationally recognized rating organization assigning a rating to a financing secured by loans otherwise eligible for the SOFR-based calculation,
    the holder of the loan (or, if the holder acts as an eligible lender trustee for the beneficial owner of the loan, the beneficial owner of the loan) may elect to apply the rate described in subclause (II) to specified loan portfolios established for financing purposes by separate notices with different effective dates. The special allowance rate based on SOFR shall be effective with respect to a portfolio as of the first day of the calendar quarter following the applicable effective date of the waiver received by the Secretary from the holder or beneficial owner and shall permanently and irrevocably continue for all subsequent quarters.
    (aa) In the event that a holder or beneficial owner has not elected to waive its rights to a special allowance payment under clause (vii) with respect to a portfolio with an effective date of the waiver prior to the first of—
    (AA) the date on which the ICE Benchmark Administration (“IBA”) has permanently or indefinitely stopped providing the 1-month United States Dollar LIBOR (“1-month USD LIBOR”) to the general public;
    (BB) the effective date of an official public statement by the IBA or its regulator that the 1-month USD LIBOR is no longer reliable or no longer representative; or
    (CC) the LIBOR replacement date, as defined in section 5802 of title 12,
    the special allowance rate calculation as described in subclause (II) shall, by operation of law, apply to all loans in such portfolio.
    (bb) In such event—
    (AA) the last determined rate of special allowance based on 1-month USD LIBOR will continue to apply until the end of the then current calendar quarter; and
    (BB) the special allowance rate calculation as described in subclause (II) shall become effective as of the first day of the following calendar quarter and remain in effect for all subsequent calendar quarters.
  • 20 U.S.C. § 1087–1(b)(2)(I)(viii)(III)
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    (III) Except as provided in subclause (IV), the special allowance payment calculated under subclause (II) shall apply to all loans for which the holder (or, if the holder acts as an eligible lender trustee for the beneficial owner of the loan, the beneficial owner of the loan) at any time after the effective date of this clause notifies the Secretary that the holder or beneficial owner affirmatively and permanently elects to waive all contractual, statutory, or other legal rights to a special allowance paid under clause (vii) or to the special allowance paid pursuant to any other formula that was previously in effect with respect to such loan, and accepts the rate described in subclause (II). Any such waiver shall apply to all loans then held, or to be held from time to time, by such holder or beneficial owner; provided that, due to the need to obtain the approval of, demonstrated to the satisfaction of the Secretary—
    (aa) one or more third parties with a legal or beneficial interest in loans eligible for the SOFR-based calculation; or
    (bb) a nationally recognized rating organization assigning a rating to a financing secured by loans otherwise eligible for the SOFR-based calculation,
  • 20 U.S.C. § 1087–1(b)(4)(A)
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    (A) If payments of the special allowances payable under this section or of interest payments under section 1078(a) of this title with respect to a loan have not been made within 30 days after the Secretary has received an accurate, timely, and complete request for payment thereof, the special allowance payable to such holder shall be increased by an amount equal to the daily interest accruing on the special allowance and interest benefits payments due the holder.
  • 20 U.S.C. § 1087–1(b)(4)(B)
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    (B) Such daily interest shall be computed at the daily equivalent rate of the sum of the special allowance rate computed pursuant to paragraph (2) and the interest rate applicable to the loan and shall be paid for the later of (i) the 31st day after the receipt of such request for payment from the holder, or (ii) the 31st day after the final day of the period or periods covered by such request, and shall be paid for each succeeding day until, and including, the date on which the Secretary authorizes payment.
  • 20 U.S.C. § 1087–1(b)(6)
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    (6) The Secretary shall pay the holder of an eligible loan, at such time or times as are specified in regulations, a special allowance prescribed pursuant to this subsection subject to the condition that such holder shall submit to the Secretary, at such time or times and in such a manner as the Secretary may deem proper, such information as may be required by regulation for the purpose of enabling the Secretary to carry out his functions under this section and to carry out the purposes of this section.
  • 20 U.S.C. § 1087–1(b)(7)
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    (7) The Secretary shall permit lenders to calculate interest benefits and special allowance through the use of the average quarterly balance method until July 1, 1988.
  • 20 U.S.C. § 1087–1(c)(1)(A)
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    (A) Notwithstanding subsection (b), the Secretary shall collect the amount the lender is authorized to charge as an origination fee in accordance with paragraph (2) of this subsection—
    (i) by reducing the total amount of interest and special allowance payable under section 1078(a)(3)(A) of this title and subsection (b) of this section, respectively, to any holder; or
    (ii) directly from the holder of the loan, if the lender fails or is not required to bill the Secretary for interest and special allowance or withdraws from the program with unpaid loan origination fees.
  • 20 U.S.C. § 1087–1(c)(1)(A)(ii)
    Go to provision →
    (ii) directly from the holder of the loan, if the lender fails or is not required to bill the Secretary for interest and special allowance or withdraws from the program with unpaid loan origination fees.
  • 20 U.S.C. § 1087–1(c)(1)(B)
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    (B) If the Secretary collects the origination fee under this subsection through the reduction of interest and special allowance, and the total amount of interest and special allowance payable under section 1078(a)(3)(A) of this title and subsection (b) of this section, respectively, is less than the amount the lender was authorized to charge borrowers for origination fees in that quarter, the Secretary shall deduct the excess amount from the subsequent quarters’ payments until the total amount has been deducted.
  • 20 U.S.C. § 1087–1(c)(5)
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    (5) Nothing in this subsection shall be construed to permit the Secretary to require any lender that is making loans that are insured or guaranteed under this part, but for which no amount will be payable for interest under section 1078(a)(3)(A) of this title or for special allowances under subsection (b) of this section, to collect any origination fee or to submit the sums collected as origination fees to the United States. The Secretary shall, not later than January 1, 1987, return to any such lender any such sums collected before October 17, 1986, together with interest thereon.
  • 20 U.S.C. § 1087–1(c)(7)
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    (7) All origination fees collected pursuant to this section on loans authorized under section 1078–11 or 1078–2 of this title shall be paid to the Secretary by the lender and deposited in the fund authorized under section 1081 of this title.
  • 20 U.S.C. § 1087–1(d)(1)(A)
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    (A) Notwithstanding subsection (b), the Secretary shall collect a loan fee in an amount determined in accordance with paragraph (2)—
    (i) by reducing the total amount of interest and special allowance payable under section 1078(a)(3)(A) of this title and subsection (b), respectively, to any holder of a loan; or
    (ii) directly from the holder of the loan, if the lender—
    (I) fails or is not required to bill the Secretary for interest and special allowance payments; or
    (II) withdraws from the program with unpaid loan fees.
  • 20 U.S.C. § 1087–1(d)(1)(A)(ii)(I)
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    (I) fails or is not required to bill the Secretary for interest and special allowance payments; or
  • 20 U.S.C. § 1087–1(d)(1)(B)
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    (B) If the Secretary collects loan fees under this subsection through the reduction of interest and special allowance payments, and the total amount of interest and special allowance payable under section 1078(a)(3)(A) of this title and subsection (b), respectively, is less than the amount of such loan fees, then the Secretary shall deduct the amount of the loan fee balance from the amount of interest and special allowance payments that would otherwise be payable, in subsequent quarterly increments until the balance has been deducted.
  • 20 U.S.C. § 1087–1(d)(3)
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    (3) The Secretary shall deposit all fees collected pursuant to paragraph (3) into the insurance fund established in section 1081 of this title.
  • 20 U.S.C. § 1087–1(f)
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    (f) The Secretary shall adopt or amend appropriate regulations pertaining to programs carried out under this part to prevent, where practicable, any practices which the Secretary finds have denied loans to a substantial number of eligible students.
  • 20 U.S.C. § 1087–2(a)
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    (a) The Congress hereby declares that it is the purpose of this section (1) to establish a private corporation which will be financed by private capital and which will serve as a secondary market and warehousing facility for student loans, including loans which are insured by the Secretary under this part or by a guaranty agency, and which will provide liquidity for student loan investments; (2) in order to facilitate secured transactions involving student loans, to provide for perfection of security interests in student loans either through the taking of possession or by notice filing; and (3) to assure nationwide the establishment of adequate loan insurance programs for students, to provide for an additional program of loan insurance to be covered by agreements with the Secretary.
  • 20 U.S.C. § 1087–2(b)(3)
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    (3) There is hereby authorized to be appropriated to the Secretary $5,000,000 for making advances for the purpose of helping to establish the Association. Such advances shall be repaid within such period as the Secretary may deem to be appropriate in light of the maturity and solvency of the Association. Such advances shall bear interest at a rate not less than (A) a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining period to maturity comparable to the maturity of such advances, adjusted to the nearest one-eighth of 1 percent, plus (B) an allowance adequate in the judgment of the Secretary to cover administrative costs and probable losses. Repayments of such advances shall be deposited into miscellaneous receipts of the Treasury.
  • 20 U.S.C. § 1087–2(d)(1)(A)
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    (A) pursuant to commitments or otherwise to make advances on the security of, purchase, or repurchase, service, sell or resell, offer participations, or pooled interests or otherwise deal in, at prices and on terms and conditions determined by the Association, student loans which are insured by the Secretary under this part or by a guaranty agency;
  • 20 U.S.C. § 1087–2(d)(1)(D)
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    (D) to undertake a program of loan insurance pursuant to agreements with the Secretary under section 1078 of this title, and except with respect to loans under subsection (o) of this section or under section 1078–3 of this title, the Secretary may enter into an agreement with the Association for such purpose only if the Secretary determines that (i) eligible borrowers are seeking and unable to obtain loans under this part, and (ii) no guaranty agency is capable of or willing to provide a program of loan insurance for such borrowers; and
  • 20 U.S.C. § 1087–2(h)(1)
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    (1) The Association is authorized with the approval of the Secretary of Education and the Secretary of the Treasury to issue and have outstanding obligations having such maturities and bearing such rate or rates of interest as may be determined by the Association. The authority of the Secretary of Education to approve the issuance of such obligations is limited to obligations issued by the Association and guaranteed by the Secretary pursuant to paragraph (2) of this subsection. Such obligations may be redeemable at the option of the Association before maturity in such manner as may be stipulated therein. The Secretary of the Treasury may not direct as a condition of his approval that any such issuance of obligations by the Association be made or sold to the Federal Financing Bank. To the extent that the average outstanding amount of the obligations owned by the Association pursuant to the authority contained in subsection (d)(1)(B) and (C) of this section and as to which the income is exempt from taxation under title 26 does not exceed the average stockholders’ equity of the Association, the interest on obligations issued under this paragraph shall not be deemed to be interest on indebtedness incurred or continued to purchase or carry obligations for the purpose of section 265 of title 26.
  • 20 U.S.C. § 1087–2(h)(2)
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    (2) The Secretary is authorized, prior to October 1, 1984, to guarantee payment when due of principal and interest on obligations issued by the Association in an aggregate amount determined by the Secretary in consultation with the Secretary of the Treasury. Nothing in this section shall be construed so as to authorize the Secretary of Education or the Secretary of the Treasury to limit, control, or constrain programs of the Association or support of the Guaranteed Student Loan Program by the Association.
  • 20 U.S.C. § 1087–2(h)(3)
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    (3) To enable the Secretary to discharge his responsibilities under guarantees issued by him, he is authorized to issue to the Secretary of the Treasury notes or other obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions, as may be prescribed by the Secretary with the approval of the Secretary of the Treasury. Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the months preceding the issuance of the notes or other obligations. The Secretary of the Treasury is authorized and directed to purchase any notes and other obligations issued hereunder and for that purpose he is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, and the purposes for which securities may be issued under that chapter are extended to include any purchase of such notes and obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this subsection. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States. There is authorized to be appropriated to the Secretary such sums as may be necessary to pay the principal and interest on the notes or obligations issued by him to the Secretary of the Treasury.
  • 20 U.S.C. § 1087–2(h)(4)
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    (4) Upon receipt of a request from the Association under this subsection requiring approvals by the Secretary of Education or the Secretary of the Treasury, the Secretary of Education or the Secretary of the Treasury shall act promptly either to grant approval or to advise the Association of the reasons for withholding approval. In no case shall such an approval be withheld for a period longer than 60 days unless, prior to the end of such period, the Secretary of Education and the Secretary of the Treasury submit to the Congress a detailed explanation of reasons for doing so.
  • 20 U.S.C. § 1087–2(h)(5)
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    (5) The Secretary of the Treasury is authorized to purchase any obligations issued by the Association pursuant to this subsection as now or hereafter in force, and for such purpose the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds of the sale of any securities hereafter issued under chapter 31 of title 31, as now or hereafter in force, and the purposes for which securities may be issued under chapter 31 of title 31, as now or hereafter in force are extended to include such purchases. The Secretary of the Treasury shall not at any time purchase any obligations under this subsection if such purchase would increase the aggregate principal amount of his then outstanding holdings of such obligations under this subsection to an amount greater than $1,000,000,000. Each purchase of obligations by the Secretary of the Treasury under this subsection shall be upon such terms and conditions as to yield a return at a rate determined by the Secretary of the Treasury, taking into consideration the current average rate on outstanding marketable obligations of the United States of comparable maturities as of the last day of the month preceding the making of such purchase. The Secretary of the Treasury may, at any time, sell, upon such terms and conditions and at such price or prices as he shall determine, any of the obligations acquired by him under this subsection. All redemptions, purchases, and sales by the Secretary of the Treasury of such obligations under this subsection shall be treated as public debt transactions of the United States.
  • 20 U.S.C. § 1087–2(h)(7)(A)
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    (A) The Association shall pay to the Secretary, on a monthly basis, an offset fee calculated on an annual basis in an amount equal to 0.30 percent of the principal amount of each loan made, insured or guaranteed under this part that the Association holds (except for loans made pursuant to section 1078–3 of this title, subsection (o), or subsection (q)) and that was acquired on or after August 10, 1993.
  • 20 U.S.C. § 1087–2(h)(7)(B)
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    (B) If the Secretary determines that the Association has substantially failed to comply with subsection (q), subparagraph (A) shall be applied by substituting “1.0 percent” for “0.3 percent”.
  • 20 U.S.C. § 1087–2(h)(7)(C)
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    (C) The Secretary shall deposit all fees collected pursuant to this paragraph into the insurance fund established in section 1081 of this title.
  • 20 U.S.C. § 1087–2(j)
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    (j) The accounts of the Association shall be audited annually. Such audits shall be conducted in accordance with generally accepted auditing standards by independent certified public accountants or by independent licensed public accountants, licensed on or before December 31, 1970, who are certified or licensed by a regulatory authority of a State or other political subdivision of the United States, except that independent public accountants licensed to practice by such regulatory authority after December 31, 1970, and persons who, although not so certified or licensed, meet, in the opinion of the Secretary, standards of education and experience representative of the highest standards prescribed by the licensing authorities of the several States which provide for the continuing licensing of public accountants and which are prescribed by the Secretary in appropriate regulations may perform such audits until December 31, 1975. A report of each such audit shall be furnished to the Secretary of the Treasury. The audit shall be conducted at the place or places where the accounts are normally kept. The representatives of the Secretary shall have access to all books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the Association and necessary to facilitate the audit, and they shall be afforded full facilities for verifying transactions with the balances or securities held by depositaries, fiscal agents, and custodians.
  • 20 U.S.C. § 1087–2(k)
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    (k) A report of each such audit for a fiscal year shall be made by the Secretary of the Treasury to the President and to the Congress not later than 6 months following the close of such fiscal year. The report shall set forth the scope of the audit and shall include a statement (showing intercorporate relations) of assets and liabilities, capital and surplus or deficit; a statement of surplus or deficit analysis; a statement of income and expense; a statement of sources and application of funds; and such comments and information as may be deemed necessary to keep the President and the Congress informed of the operations and financial condition of the Association, together with such recommendations with respect thereto as the Secretary may deem advisable, including a report of any impairment of capital or lack of sufficient capital noted in the audit. A copy of each report shall be furnished to the Secretary, and to the Association.
  • 20 U.S.C. § 1087–2(m)
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    (m) In order to furnish obligations for delivery by the Association, the Secretary of the Treasury is authorized to prepare such obligations in such form as the Board of Directors may approve, such obligations when prepared to be held in the Treasury subject to delivery upon order by the Association. The engraved plates, dies, bed pieces, and so forth, executed in connection therewith shall remain in the custody of the Secretary of the Treasury. The Association shall reimburse the Secretary of the Treasury for any expenditures made in the preparation, custody, and delivery of such obligations. The Secretary of the Treasury is authorized to promulgate regulations on behalf of the Association so that the Association may utilize the book-entry system of the Federal Reserve Banks.
  • 20 U.S.C. § 1087–2(q)(1)(A)
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    (A) Whenever the Secretary determines that eligible borrowers are seeking and are unable to obtain loans under this part, the Association or its designated agent shall, not later than 90 days after August 10, 1993, begin making loans to such eligible borrowers in accordance with this subsection at the request of the Secretary. The Secretary may request that the Association make loans to borrowers within a geographic area or for the benefit of students attending institutions of higher education that certify, in accordance with standards established by the Secretary, that their students are seeking and unable to obtain loans.
  • 20 U.S.C. § 1087–2(q)(1)(B)
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    (B) Loans made pursuant to this subsection shall be insurable by the Secretary under section 1079 of this title with a certificate of comprehensive insurance coverage provided for under section 1079(b)(1) of this title or by a guaranty agency under paragraph (2)(A) of this subsection.
  • 20 U.S.C. § 1087–2(q)(2)(A)
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    (A) Whenever the Secretary, after consultation with, and with the agreement of, representatives of the guaranty agency in a State, or an eligible lender in a State described in section 1085(d)(1)(D) of this title, determines that a substantial portion of eligible borrowers in such State or within an area of such State are seeking and are unable to obtain loans under this part, the Association or its designated agent shall begin making such loans to borrowers in such State or within an area of such State in accordance with this subsection at the request of the Secretary.
  • 20 U.S.C. § 1087–2(q)(3)
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    (3) The Association or its designated agent shall cease making loans under this subsection at such time as the Secretary determines that the conditions which caused the implementation of this subsection have ceased to exist.
  • 20 U.S.C. § 1087–2(r)(1)
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    (1) The Association shall promptly furnish to the Secretary of Education and Secretary of the Treasury copies of all—
    (A) periodic financial reports publicly distributed by the Association;
    (B) reports concerning the Association that are received by the Association and prepared by nationally recognized statistical rating organizations; and
    (i) financial statements of the Association within 45 days of the end of each fiscal quarter; and
    (ii) reports setting forth the calculation of the capital ratio of the Association within 45 days of the end of each fiscal quarter.
  • 20 U.S.C. § 1087–2(r)(2)(A)
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    (A) The Secretary of the Treasury may—
    (i) appoint and fix the compensation of such auditors and examiners as may be necessary to conduct audits of the Association from time to time to determine the condition of the Association for the purpose of assessing the Association’s financial safety and soundness and to determine whether the requirements of this section and section 1087–3 of this title are being met; and
    (ii) obtain the services of such experts as the Secretary of the Treasury determines necessary and appropriate, as authorized by section 3109 of title 5, to assist in determining the condition of the Association for the purpose of assessing the Association’s financial safety and soundness, and to determine whether the requirements of this section and section 1087–3 of this title are being met.
  • 20 U.S.C. § 1087–2(r)(2)(A)(ii)
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    (ii) obtain the services of such experts as the Secretary of the Treasury determines necessary and appropriate, as authorized by section 3109 of title 5, to assist in determining the condition of the Association for the purpose of assessing the Association’s financial safety and soundness, and to determine whether the requirements of this section and section 1087–3 of this title are being met.
  • 20 U.S.C. § 1087–2(r)(2)(B)
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    (B) Each auditor appointed under this paragraph shall conduct an audit of the Association to the extent requested by the Secretary of the Treasury and shall prepare and submit a report to the Secretary of the Treasury concerning the results of such audit. A copy of such report shall be furnished to the Association and the Secretary of Education on the date on which it is delivered to the Secretary of the Treasury.
  • 20 U.S.C. § 1087–2(r)(2)(C)
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    (C) The Association shall provide full and prompt access to the Secretary of the Treasury to its books and records and other information requested by the Secretary of the Treasury.
  • 20 U.S.C. § 1087–2(r)(2)(D)(i)
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    (i) For each fiscal year beginning on or after October 1, 1996, the Secretary of the Treasury may establish and collect from the Association an assessment (or assessments) in amounts sufficient to provide for reasonable costs and expenses of carrying out the duties of the Secretary of the Treasury under this section and section 1087–3 of this title during such fiscal year. In no event may the total amount so assessed exceed, for any fiscal year, $800,000, adjusted for each fiscal year ending after September 30, 1997, by the ratio of the Consumer Price Index for All Urban Consumers (issued by the Bureau of Labor Statistics) for the final month of the fiscal year preceding the fiscal year for which the assessment is made to the Consumer Price Index for All Urban Consumers for September 1997.
  • 20 U.S.C. § 1087–2(r)(2)(D)(ii)
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    (ii) Amounts collected from assessments under this subparagraph shall be deposited in an account within the Treasury of the United States as designated by the Secretary of the Treasury for that purpose. The Secretary of the Treasury is authorized and directed to pay out of any funds available in such account the reasonable costs and expenses of carrying out the duties of the Secretary of the Treasury under this section and section 1087–3 of this title. None of the funds deposited into such account shall be available for any purpose other than making payments for such costs and expenses.
  • 20 U.S.C. § 1087–2(r)(2)(E)(i)
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    (i) The Association shall obtain such information and make and keep such records as the Secretary of the Treasury may from time to time prescribe concerning—
    (I) the financial risk to the Association resulting from the activities of any associated person, to the extent such activities are reasonably likely to have a material impact on the financial condition of the Association, including the Association’s capital ratio, the Association’s liquidity, or the Association’s ability to conduct and finance the Association’s operations; and
    (II) the Association’s policies, procedures, and systems for monitoring and controlling any such financial risk.
  • 20 U.S.C. § 1087–2(r)(2)(E)(ii)
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    (ii) The Secretary of the Treasury may require summary reports of such information to be filed no more frequently than quarterly. If, as a result of adverse market conditions or based on reports provided pursuant to this subparagraph or other available information, the Secretary of the Treasury has concerns regarding the financial or operational condition of the Association, the Secretary of the Treasury may, notwithstanding the preceding sentence and clause (i), require the Association to make reports concerning the activities of any associated person, whose business activities are reasonably likely to have a material impact on the financial or operational condition of the Association.
  • 20 U.S.C. § 1087–2(r)(2)(F)(i)
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    (i) Rates of basic pay for all auditors and examiners appointed pursuant to subparagraph (A) may be set and adjusted by the Secretary of the Treasury without regard to the provisions of chapter 51 or subchapter III of chapter 53 of title 5.
  • 20 U.S.C. § 1087–2(r)(2)(F)(ii)(I)
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    (I) Subject to section 5373 of title 5, the Secretary of the Treasury may provide additional compensation and benefits to auditors and examiners appointed pursuant to subparagraph (A) if the same type of compensation or benefits are then being provided by any agency referred to in section 1833b of title 12 or, if not then being provided, could be provided by such an agency under applicable provisions of law, rule, or regulation.
  • 20 U.S.C. § 1087–2(r)(2)(F)(ii)(II)
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    (II) In setting and adjusting the total amount of compensation and benefits for auditors and examiners appointed pursuant to subparagraph (A), the Secretary of the Treasury shall consult with, and seek to maintain comparability with, the agencies referred to in section 1833b of title 12.
  • 20 U.S.C. § 1087–2(r)(3)
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    (3) The Secretary of the Treasury shall conduct such studies as may be necessary to monitor the financial safety and soundness of the Association. In the event that the Secretary of the Treasury determines that the financial safety and soundness of the Association is at risk, the Secretary of the Treasury shall inform the Chairman and ranking minority member of the Committee on Labor and Human Resources of the Senate, the Chairman and ranking minority member of the Committee on Education and Labor of the House of Representatives, and the Secretary of Education of such determination and identify any corrective actions that should be taken to ensure the safety and soundness of the Association.
  • 20 U.S.C. § 1087–2(r)(4)
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    (4) If the capital ratio is less than 2 percent and is greater than or equal to 1.75 percent at the end of the Association’s most recent calendar quarter the Association shall, within 60 days of such occurrence, submit to the Secretary of the Treasury a capital restoration plan, in reasonable detail, that the Association believes is adequate to cause the capital ratio to equal or exceed 2 percent within 36 months.
  • 20 U.S.C. § 1087–2(r)(5)(A)
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    (A) The Secretary of the Treasury and the Association shall consult with respect to any capital restoration plan submitted pursuant to paragraph (4) and the Secretary of the Treasury shall approve such plan (or a modification thereof accepted by the Association) or disapprove such plan within 30 days after such plan is first submitted to the Secretary of the Treasury by the Association, unless the Association and Secretary of the Treasury mutually agree to a longer consideration period. If the Secretary of the Treasury approves a capital restoration plan (including a modification of a plan accepted by the Association), the Association shall forthwith proceed with diligence to implement such plan to the best of its ability.
  • 20 U.S.C. § 1087–2(r)(5)(B)
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    (B) If the Secretary of the Treasury does not approve a capital restoration plan as provided in subparagraph (A), then not later than the earlier of the date the Secretary of the Treasury disapproves of such plan by written notice to the Association or the expiration of the 30-day consideration period referred to in subparagraph (A) (as such period may have been extended by mutual agreement), the Secretary of the Treasury shall submit the Association’s capital restoration plan, in the form most recently proposed to the Secretary of the Treasury by the Association, together with a report on the Secretary of the Treasury’s reasons for disapproval of such plan and an alternative capital restoration plan, to the Chairman and ranking minority member of the Senate Committee on Labor and Human Resources and to the Chairman and ranking minority member of the House Committee on Education and Labor. A copy of such submission simultaneously shall be sent to the Association and the Secretary of Education by the Secretary of the Treasury.
  • 20 U.S.C. § 1087–2(r)(5)(C)
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    (C) Upon receipt of the submission by the Association, the Association shall forthwith proceed with diligence to implement the most recently proposed capital restoration plan of the Association. The Association, within 30 days after receipt from the Secretary of the Treasury of such submission, shall submit to such Chairmen and ranking minority members a written response to such submission, setting out fully the nature and extent of the Association’s agreement or the disagreement with the Secretary of the Treasury with respect to the capital restoration plan submitted to the Secretary of the Treasury and any findings of the Secretary of the Treasury.
  • 20 U.S.C. § 1087–2(r)(6)(A)
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    (A) If the capital ratio is less than 1.75 percent and is greater than or equal to 1 percent at the end of the Association’s most recent calendar quarter, the Association shall submit to the Secretary of the Treasury within 60 days after such occurrence a capital restoration plan (or an appropriate modification of any plan previously submitted or approved under paragraph (4)) to increase promptly its capital ratio to equal or exceed 1.75 percent. The Secretary of the Treasury and the Association shall consult with respect to any plan or modified plan submitted pursuant to this paragraph. The Secretary of the Treasury shall approve such plan or modified plan (or a modification thereof accepted by the Association) or disapprove such plan or modified plan within 30 days after such plan or modified plan is first submitted to the Secretary of the Treasury by the Association, unless the Association and Secretary of the Treasury mutually agree to a longer consideration period. If the Secretary of the Treasury approves a plan or modified plan (including a modification of a plan accepted by the Association), the Association shall forthwith proceed with diligence to implement such plan or modified plan to the best of the Association’s ability.
  • 20 U.S.C. § 1087–2(r)(6)(B)
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    (B) If the Secretary of the Treasury disapproves a capital restoration plan or modified plan submitted pursuant to subparagraph (A), then, not later than the earlier of the date the Secretary of the Treasury disapproves of such plan or modified plan (by written notice to the Association) or the expiration of the 30-day consideration period described in subparagraph (A) (as such period may have been extended by mutual agreement), the Secretary of the Treasury shall prepare and submit an alternative capital restoration plan, together with a report on his reasons for disapproval of the Association’s plan or modified plan, to the Chairman and ranking minority member of the Committee on Labor and Human Resources of the Senate and to the Chairman and ranking minority member of the Committee on Education and Labor of the House of Representatives. A copy of such submission simultaneously shall be sent to the Association and the Secretary of Education by the Secretary of the Treasury. The Association, within 5 days after receipt from the Secretary of the Treasury of such submission, shall submit to the Chairmen and ranking minority members of such Committees, and the Secretary of the Treasury, a written response to such submission, setting out fully the nature and extent of the Association’s agreement or disagreement with the Secretary of the Treasury with respect to the disapproved plan and the alternative plan of the Secretary of the Treasury and any findings of the Secretary of the Treasury.
  • 20 U.S.C. § 1087–2(r)(6)(C)
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    (C) Congress shall have 60 legislative days after the date on which Congress receives the alternative plan under subparagraph (B) from the Secretary of the Treasury to review such plan. If Congress does not take statutory action with respect to any such plan within such 60-day period, the Association shall immediately proceed with diligence to implement the alternative capital restoration plan of the Secretary of the Treasury under subparagraph (B). If Congress is out of session when any such alternative plan is received, such 60-day period shall begin on the first day of the next session of Congress.
  • 20 U.S.C. § 1087–2(r)(7)
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    (7) If the capital ratio of the Association does not equal or exceed 1.75 percent at the end of the Association’s most recent calendar quarter, the Secretary of the Treasury may, until the capital ratio equals or exceeds 1.75 percent, take any one or more of the following actions:
    (A) Limit any increase in, or order the reduction of, any liabilities of the Association, except as necessary to fund student loan purchases and warehousing advances.
    (B) Restrict or eliminate growth of the Association’s assets, other than student loans purchases and warehousing advances.
    (C) Restrict the Association from making any capital distribution.
    (D) Require the Association to issue new capital in any form and in any amount sufficient to restore at least a 1.75 percent capital ratio.
    (E) Prohibit the Association from increasing for any executive officer any compensation including bonuses at a rate exceeding that officer’s average rate of compensation during the previous 12 calendar months and prohibiting the Board from adopting any new employment severance contracts.
  • 20 U.S.C. § 1087–2(r)(8)(A)
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    (A) If the capital ratio is less than 1 percent at the end of the Association’s most recent calendar quarter and the Association has already submitted a capital restoration plan to the Secretary of the Treasury pursuant to paragraph (4) or (6)(A), the Association shall forthwith proceed with diligence to implement the most recently proposed plan with such modifications as the Secretary of the Treasury determines are necessary to cause the capital ratio to equal or exceed 2 percent within 60 months.
  • 20 U.S.C. § 1087–2(r)(8)(B)
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    (B) If the capital ratio is less than 1 percent at the end of the Association’s most recent calendar quarter and the Association has not submitted a capital restoration plan to the Secretary of the Treasury pursuant to paragraph (4) or (6)(A), the Association shall—
    (i) within 14 days of such occurrence submit a capital restoration plan to the Secretary of the Treasury which the Association believes is adequate to cause the capital ratio to equal or exceed 2 percent within 60 months; and
    (ii) forthwith proceed with diligence to implement such plan with such modifications as the Secretary of the Treasury determines are necessary to cause the capital ratio to equal or exceed 2 percent within 60 months.
  • 20 U.S.C. § 1087–2(r)(8)(B)(i)
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    (i) within 14 days of such occurrence submit a capital restoration plan to the Secretary of the Treasury which the Association believes is adequate to cause the capital ratio to equal or exceed 2 percent within 60 months; and
  • 20 U.S.C. § 1087–2(r)(8)(B)(ii)
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    (ii) forthwith proceed with diligence to implement such plan with such modifications as the Secretary of the Treasury determines are necessary to cause the capital ratio to equal or exceed 2 percent within 60 months.
  • 20 U.S.C. § 1087–2(r)(8)(C)
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    (C) Immediately upon a determination under subparagraph (A) or (B) to implement a capital restoration plan, the Secretary of the Treasury shall submit the capital restoration plan to be implemented to the Chairman and ranking minority member of the Committee on Labor and Human Resources of the Senate, the Chairman and ranking minority member of the Committee on Education and Labor of the House of Representatives, and the Secretary of Education.
  • 20 U.S.C. § 1087–2(r)(9)
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    (9) The Association shall submit a copy of its capital restoration plan, modifications proposed to the Secretary of the Treasury, and proposed modifications received from the Secretary of the Treasury to the Congressional Budget Office and Government Accountability Office upon their submission to the Secretary of the Treasury or receipt from the Secretary of the Treasury. Notwithstanding any other provision of law, the Congressional Budget Office and Government Accountability Office shall maintain the confidentiality of information received pursuant to the previous sentence. In the event that the Secretary of the Treasury does not approve a capital restoration plan as provided in paragraph (5)(A) or (6)(A), or in the event that a capital restoration plan is modified by the Secretary of the Treasury pursuant to paragraph (6)(B) or (8), the Congressional Budget Office and Government Accountability Office shall each submit a report within 30 days of the Secretary of the Treasury’s submission to the Chairmen and ranking minority members as required in paragraphs (5)(B), (6)(B), and (8)(C) to such Chairmen and ranking members—
    (A) analyzing the financial condition of the Association;
    (B) analyzing the capital restoration plan and reasons for disapproval of the plan contained in the Secretary of the Treasury’s submission made pursuant to paragraph (5)(B), or the capital restoration plan proposed by the Association and the modifications made by the Secretary of the Treasury pursuant to paragraph (6)(B) or (8);
    (C) analyzing the impact of the capital restoration plan and reasons for disapproval of the plan contained in the Secretary of the Treasury’s submission made pursuant to paragraph (5)(B), or the impact of the capital restoration plan proposed by the Association and the modifications made by the Secretary of the Treasury pursuant to paragraph (6)(B) or (8), and analyzing the impact of the recommendations made pursuant to subparagraph (D) of this paragraph, on—
    (i) the ability of the Association to fulfill its purpose and authorized activities as provided in this section, and
    (ii) the operation of the student loan programs; and
    (D) recommending steps which the Association should take to increase its capital ratio without impairing its ability to perform its purpose and authorized activities as provided in this section.
  • 20 U.S.C. § 1087–2(r)(9)(B)
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    (B) analyzing the capital restoration plan and reasons for disapproval of the plan contained in the Secretary of the Treasury’s submission made pursuant to paragraph (5)(B), or the capital restoration plan proposed by the Association and the modifications made by the Secretary of the Treasury pursuant to paragraph (6)(B) or (8);
  • 20 U.S.C. § 1087–2(r)(9)(C)
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    (C) analyzing the impact of the capital restoration plan and reasons for disapproval of the plan contained in the Secretary of the Treasury’s submission made pursuant to paragraph (5)(B), or the impact of the capital restoration plan proposed by the Association and the modifications made by the Secretary of the Treasury pursuant to paragraph (6)(B) or (8), and analyzing the impact of the recommendations made pursuant to subparagraph (D) of this paragraph, on—
    (i) the ability of the Association to fulfill its purpose and authorized activities as provided in this section, and
    (ii) the operation of the student loan programs; and
  • 20 U.S.C. § 1087–2(r)(10)
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    (10) The Secretary of Education shall review the Secretary of the Treasury’s submission required pursuant to paragraph (5)(B), (6)(B), or (8) and shall submit a report within 30 days to the Chairman and ranking minority member of the Senate Committee on Labor and Human Resources and to the Chairman and ranking minority member of the House Committee on Education and Labor—
    (A) describing any administrative or legislative provisions governing the student loan programs which contributed to the decline in the Association’s capital ratio; and
    (B) recommending administrative and legislative changes in the student loan programs to maintain the orderly operation of such programs and to enable the Association to fulfill its purpose and authorized activities consistent with the capital ratio specified in paragraph (4).
  • 20 U.S.C. § 1087–2(r)(12)
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    (12) Notwithstanding any other provision of law, the Secretary of the Treasury, the Secretary of Education, the Congressional Budget Office, and the Government Accountability Office shall not disclose any information treated as confidential by the Association or the Association’s associated persons and obtained pursuant to this subsection. Nothing in this paragraph shall authorize the Secretary of the Treasury, the Secretary of Education, the Congressional Budget Office, and the Government Accountability Office to withhold information from Congress, or prevent the Secretary of Education, the Congressional Budget Office, and the Government Accountability Office from complying with a request for information from any other Federal department or agency requesting the information for purposes within the scope of its jurisdiction, or complying with an order of a court of the United States in an action brought by the United States. For purposes of section 552 of title 5, this paragraph shall be considered a statute described in subsection (b)(3) of such section 552.
  • 20 U.S.C. § 1087–2(r)(13)
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    (13) The Secretary of Education or the Secretary of the Treasury, as appropriate, may request that the Attorney General bring an action in the United States District Court for the District of Columbia for the enforcement of any provision of this section, or may, under the direction or control of the Attorney General, bring such an action. Such court shall have jurisdiction and power to order and require compliance with this section.
  • 20 U.S.C. § 1087–2(r)(14)(A)
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    (A) For any fiscal quarter ending after January 1, 2000, the Association shall have a capital ratio of at least 2.25 percent. The Secretary of the Treasury may, whenever such capital ratio is not met, take any one or more of the actions described in paragraph (7), except that—
    (i) the capital ratio to be restored pursuant to paragraph (7)(D) shall be 2.25 percent; and
    (ii) if the relevant capital ratio is in excess of or equal to 2 percent for such quarter, the Secretary of the Treasury shall defer taking any of the actions set forth in paragraph (7) until the next succeeding quarter and may then proceed with any such action only if the capital ratio of the Association remains below 2.25 percent.
  • 20 U.S.C. § 1087–2(r)(14)(A)(ii)
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    (ii) if the relevant capital ratio is in excess of or equal to 2 percent for such quarter, the Secretary of the Treasury shall defer taking any of the actions set forth in paragraph (7) until the next succeeding quarter and may then proceed with any such action only if the capital ratio of the Association remains below 2.25 percent.
  • 20 U.S.C. § 1087–2(r)(17)
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    (17) Prior to the payment of any dividend under paragraph (16), the Association shall certify to the Secretary of the Treasury that the payment of the dividend will be made in compliance with paragraph (16) and shall provide copies of all calculations needed to make such certification.
  • 20 U.S.C. § 1087–2(s)(2)(A)
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    (A) Not later than July 1, 2007, the Association shall submit to the Secretary of the Treasury and to the Chairman and Ranking Member of the Committee on Labor and Human Resources of the Senate and the Chairman and Ranking Member of the Committee on Economic and Educational Opportunities of the House of Representatives, a detailed plan for the orderly winding up, by July 1, 2013, of business activities conducted pursuant to the charter set forth in this section. Such plan shall—
    (i) ensure that the Association will have adequate assets to transfer to a trust, as provided in this subsection, to ensure full payment of remaining obligations of the Association in accordance with the terms of such obligations;
    (ii) provide that all assets not used to pay liabilities shall be distributed to shareholders as provided in this subsection; and
    (iii) provide that the operations of the Association shall remain separate and distinct from that of any entity to which the assets of the Association are transferred.
  • 20 U.S.C. § 1087–2(s)(2)(B)
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    (B) The Association shall from time to time amend such plan to reflect changed circumstances, and submit such amendments to the Secretary of the Treasury and to the Chairman and Ranking Minority Member of the Committee on Labor and Human Resources of the Senate and Chairman and Ranking Minority Member of the Committee on Economic and Educational Opportunities of the House of Representatives. In no case may any amendment extend the date for full implementation of the plan beyond the dissolution date provided in paragraph (3).
  • 20 U.S.C. § 1087–2(s)(2)(C)
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    (C) The Secretary of the Treasury shall monitor the Association’s compliance with the plan and shall continue to review the plan (including any amendments thereto).
  • 20 U.S.C. § 1087–2(s)(2)(D)
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    (D) The Secretary of the Treasury may require the Association to amend the plan (including any amendments to the plan), if the Secretary of the Treasury deems such amendments necessary to ensure full payment of all obligations of the Association.
  • 20 U.S.C. § 1087–2(s)(2)(E)
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    (E) The Association shall promptly implement the plan (including any amendments to the plan, whether such amendments are made by the Association or are required to be made by the Secretary of the Treasury).
  • 20 U.S.C. § 1087–2(s)(3)
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    (3) The Association shall dissolve and the Association’s separate existence shall terminate on July 1, 2013, after discharge of all outstanding debt obligations and liquidation pursuant to this subsection. The Association may dissolve pursuant to this subsection prior to such date by notifying the Secretary of Education and the Secretary of the Treasury of the Association’s intention to dissolve, unless within 60 days of receipt of such notice the Secretary of Education notifies the Association that the Association continues to be needed to serve as a lender of last resort pursuant to subsection (q) or continues to be needed to purchase loans under an agreement with the Secretary described in paragraph (4)(A). On the dissolution date, the Association shall take the following actions:
    (A) The Association shall, under the terms of an irrevocable trust agreement in form and substance satisfactory to the Secretary of the Treasury, the Association, and the appointed trustee, irrevocably transfer all remaining obligations of the Association to a trust and irrevocably deposit or cause to be deposited into such trust, to be held as trust funds solely for the benefit of holders of the remaining obligations, money or direct noncallable obligations of the United States or any agency thereof for which payment the full faith and credit of the United States is pledged, maturing as to principal and interest in such amounts and at such times as are determined by the Secretary of the Treasury to be sufficient, without consideration of any significant reinvestment of such interest, to pay the principal of, and interest on, the remaining obligations in accordance with their terms.
    (B) All money, obligations, or financial assets deposited into the trust pursuant to this subsection shall be applied by the trustee to the payment of the remaining obligations assumed by the trust. Upon the fulfillment of the trustee’s duties under the trust, any remaining assets of the trust shall be transferred to the persons who, at the time of the dissolution, were the shareholders of the Association, or to the legal successors or assigns of such persons.
    (C) The Association shall make proper provision for all other obligations of the Association, including the repurchase or redemption, or the making of proper provision for the repurchase or redemption, of any preferred stock of the Association outstanding.
    (D) After compliance with subparagraphs (A) and (C), the Association shall transfer to the shareholders of the Association any remaining assets of the Association.
  • 20 U.S.C. § 1087–2(s)(3)(A)
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    (A) The Association shall, under the terms of an irrevocable trust agreement in form and substance satisfactory to the Secretary of the Treasury, the Association, and the appointed trustee, irrevocably transfer all remaining obligations of the Association to a trust and irrevocably deposit or cause to be deposited into such trust, to be held as trust funds solely for the benefit of holders of the remaining obligations, money or direct noncallable obligations of the United States or any agency thereof for which payment the full faith and credit of the United States is pledged, maturing as to principal and interest in such amounts and at such times as are determined by the Secretary of the Treasury to be sufficient, without consideration of any significant reinvestment of such interest, to pay the principal of, and interest on, the remaining obligations in accordance with their terms.
  • 20 U.S.C. § 1087–2(s)(4)(A)(i)(II)
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    (II) purchasing loans insured under this part, if the Secretary, with the approval of the Secretary of the Treasury, enters into an agreement with the Association for the continuation or resumption of the Association’s secondary market purchase program because the Secretary determines there is inadequate liquidity for loans made under this part.
  • 20 U.S.C. § 1087–2(s)(4)(A)(ii)
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    (ii) The Secretary is authorized to enter into an agreement described in subclause (II) of clause (i) with the Association covering such secondary market activities. Any agreement entered into under such subclause shall cover a period of 12 months, but may be renewed if the Secretary determines that liquidity remains inadequate. The fee provided under subsection (h)(7) shall not apply to loans acquired under any such agreement with the Secretary.
  • 20 U.S.C. § 1087–2(s)(4)(B)
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    (B) The Association shall not issue debt obligations which mature later than July 1, 2013, except in connection with serving as a lender of last resort pursuant to subsection (q) or with purchasing loans under an agreement with the Secretary as described in subparagraph (A). Nothing in this subsection shall modify the attributes accorded the debt obligations of the Association by this section, regardless of whether such debt obligations are transferred to a trust in accordance with paragraph (3).
  • 20 U.S.C. § 1087–3(c)(1)
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    (1) Except as specifically provided in this section, until the dissolution date the Association shall continue to have all of the rights, privileges and obligations set forth in, and shall be subject to all of the limitations and restrictions of, section 1087–2 of this title, and the Association shall continue to carry out the purposes of such section. The Holding Company and any subsidiary of the Holding Company (other than the Association) shall not be entitled to any of the rights, privileges, and obligations, and shall not be subject to the limitations and restrictions, applicable to the Association under section 1087–2 of this title, except as specifically provided in this section. The Holding Company and any subsidiary of the Holding Company (other than the Association or a subsidiary of the Association) shall not purchase loans insured under this chapter until such time as the Association ceases acquiring such loans, except that the Holding Company may purchase such loans if the Association is merely continuing to acquire loans as a lender of last resort pursuant to section 1087–2(q) of this title or under an agreement with the Secretary described in paragraph (6).
  • 20 U.S.C. § 1087–3(c)(5)
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    (5) Prior to the payment of any dividend under paragraph (4), the Association shall certify to the Secretary of the Treasury that the payment of the dividend will be made in compliance with paragraph (4) and shall provide copies of all calculations needed to make such certification.
  • 20 U.S.C. § 1087–3(c)(6)(A)(iv)
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    (iv) the Association’s purchase of loans insured under this part, if the Secretary, with the approval of the Secretary of the Treasury, enters into an agreement with the Association for the continuation or resumption of the Association’s secondary market purchase program because the Secretary determines there is inadequate liquidity for loans made under this part.
  • 20 U.S.C. § 1087–3(c)(6)(B)
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    (B) The Secretary is authorized to enter into an agreement described in clause (iv) of subparagraph (A) with the Association covering such secondary market activities. Any agreement entered into under such clause shall cover a period of 12 months, but may be renewed if the Secretary determines that liquidity remains inadequate. The fee provided under section 1087–2(h)(7) of this title shall not apply to loans acquired under any such agreement with the Secretary.
  • 20 U.S.C. § 1087–3(c)(7)
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    (7) After the reorganization effective date, the Association shall not issue debt obligations which mature later than September 30, 2008, except in connection with serving as a lender-of-last-resort pursuant to section 1087–2(q) of this title or with purchasing loans under an agreement with the Secretary as described in paragraph (6). Nothing in this section shall modify the attributes accorded the debt obligations of the Association by section 1087–2 of this title, regardless of whether such debt obligations are incurred prior to, or at any time following, the reorganization effective date or are transferred to a trust in accordance with subsection (d).
  • 20 U.S.C. § 1087–3(c)(8)(A)
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    (A) The Association shall obtain such information and make and keep such records as the Secretary of the Treasury may from time to time prescribe concerning—
    (i) the financial risk to the Association resulting from the activities of any associated person, to the extent such activities are reasonably likely to have a material impact on the financial condition of the Association, including the Association’s capital ratio, the Association’s liquidity, or the Association’s ability to conduct and finance the Association’s operations; and
    (ii) the Association’s policies, procedures, and systems for monitoring and controlling any such financial risk.
  • 20 U.S.C. § 1087–3(c)(8)(B)
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    (B) The Secretary of the Treasury may require summary reports of the information described in subparagraph (A) to be filed no more frequently than quarterly. If, as a result of adverse market conditions or based on reports provided pursuant to this subparagraph or other available information, the Secretary of the Treasury has concerns regarding the financial or operational condition of the Association, the Secretary of the Treasury may, notwithstanding the preceding sentence and subparagraph (A), require the Association to make reports concerning the activities of any associated person whose business activities are reasonably likely to have a material impact on the financial or operational condition of the Association.
  • 20 U.S.C. § 1087–3(c)(9)(A)(ii)
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    (ii) any issuance or sale of stock (including issuance or sale of treasury stock), stock split, recapitalization, reorganization, or other corporate event, if agreed to by the Secretary of the Treasury and the Association.
  • 20 U.S.C. § 1087–3(c)(10)
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    (10) After the reorganization effective date, the Holding Company shall not sell, pledge, or otherwise transfer the outstanding shares of the Association, or agree to or cause the liquidation of the Association or cause the Association to file a petition for bankruptcy under title 11, without prior approval of the Secretary of the Treasury and the Secretary of Education.
  • 20 U.S.C. § 1087–3(d)
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    (d) In the event the shareholders of the Association approve a plan of reorganization under subsection (b), the Association shall dissolve, and the Association’s separate existence shall terminate on September 30, 2008, after discharge of all outstanding debt obligations and liquidation pursuant to this subsection. The Association may dissolve pursuant to this subsection prior to such date by notifying the Secretary of Education and the Secretary of the Treasury of the Association’s intention to dissolve, unless within 60 days after receipt of such notice the Secretary of Education notifies the Association that the Association continues to be needed to serve as a lender of last resort pursuant to section 1087–2(q) of this title or continues to be needed to purchase loans under an agreement with the Secretary described in subsection (c)(6). On the dissolution date, the Association shall take the following actions:
    (1) The Association shall, under the terms of an irrevocable trust agreement that is in form and substance satisfactory to the Secretary of the Treasury, the Association and the appointed trustee, irrevocably transfer all remaining obligations of the Association to the trust and irrevocably deposit or cause to be deposited into such trust, to be held as trust funds solely for the benefit of holders of the remaining obligations, money or direct noncallable obligations of the United States or any agency thereof for which payment the full faith and credit of the United States is pledged, maturing as to principal and interest in such amounts and at such times as are determined by the Secretary of the Treasury to be sufficient, without consideration of any significant reinvestment of such interest, to pay the principal of, and interest on, the remaining obligations in accordance with their terms. To the extent the Association cannot provide money or qualifying obligations in the amount required, the Holding Company shall be required to transfer money or qualifying obligations to the trust in the amount necessary to prevent any deficiency.
    (2) All money, obligations, or financial assets deposited into the trust pursuant to this subsection shall be applied by the trustee to the payment of the remaining obligations assumed by the trust.
    (3) The Association shall make proper provision for all other obligations of the Association not transferred to the trust, including the repurchase or redemption, or the making of proper provision for the repurchase or redemption, of any preferred stock of the Association outstanding. Any obligations of the Association which cannot be fully satisfied shall become liabilities of the Holding Company as of the date of dissolution.
    (4) After compliance with paragraphs (1) and (3), any remaining assets of the trust shall be transferred to the Holding Company or any subsidiary of the Holding Company, as directed by the Holding Company.
  • 20 U.S.C. § 1087–3(d)(1)
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    (1) The Association shall, under the terms of an irrevocable trust agreement that is in form and substance satisfactory to the Secretary of the Treasury, the Association and the appointed trustee, irrevocably transfer all remaining obligations of the Association to the trust and irrevocably deposit or cause to be deposited into such trust, to be held as trust funds solely for the benefit of holders of the remaining obligations, money or direct noncallable obligations of the United States or any agency thereof for which payment the full faith and credit of the United States is pledged, maturing as to principal and interest in such amounts and at such times as are determined by the Secretary of the Treasury to be sufficient, without consideration of any significant reinvestment of such interest, to pay the principal of, and interest on, the remaining obligations in accordance with their terms. To the extent the Association cannot provide money or qualifying obligations in the amount required, the Holding Company shall be required to transfer money or qualifying obligations to the trust in the amount necessary to prevent any deficiency.
  • 20 U.S.C. § 1087–3(g)
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    (g) The Secretary of Education or the Secretary of the Treasury, as appropriate, may request that the Attorney General bring an action in the United States District Court for the District of Columbia for the enforcement of any provision of this section, or may, under the direction or control of the Attorney General, bring such an action. Such court shall have jurisdiction and power to order and require compliance with this section.
  • 20 U.S.C. § 1087–3(i)(2)
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    (2) The term “dissolution date” means September 30, 2008, or such earlier date as the Secretary of Education permits the transfer of remaining obligations in accordance with subsection (d).
  • 20 U.S.C. § 1087–52(a)(1)
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    (1) From the amount appropriated pursuant to section 1087–51(b) of this title for each fiscal year, the Secretary shall first allocate to each eligible institution for each succeeding fiscal year, an amount equal to 100 percent of the amount such institution received under subsections (a) and (b) of this section for fiscal year 1999 (as such subsections were in effect with respect to allocations for such fiscal year).
  • 20 U.S.C. § 1087–52(a)(2)(A)
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    (A) From the amount so appropriated, the Secretary shall next allocate to each eligible institution that began participation in the program under this part after fiscal year 1999 but is not a first or second time participant, an amount equal to the greater of—
    (i) $5,000; or
    (ii) 90 percent of the amount received and used under this part for the first year it participated in the program.
  • 20 U.S.C. § 1087–52(a)(2)(B)
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    (B) From the amount so appropriated, the Secretary shall next allocate to each eligible institution that began participation in the program under this part after fiscal year 1999 and is a first or second time participant, an amount equal to the greatest of—
    (i) $5,000;
    (ii) an amount equal to (I) 90 percent of the amount received and used under this part in the second preceding fiscal year by eligible institutions offering comparable programs of instruction, divided by (II) the number of students enrolled at such comparable institutions in such fiscal year, multiplied by (III) the number of students enrolled at the applicant institution in such fiscal year; or
    (iii) 90 percent of the institution’s allocation under this part for the preceding fiscal year.
  • 20 U.S.C. § 1087–52(a)(2)(C)
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    (C) Notwithstanding subparagraphs (A) and (B) of this paragraph, the Secretary shall allocate to each eligible institution which—
    (i) was a first-time participant in the program in fiscal year 2000 or any subsequent fiscal year, and
    (ii) received a larger amount under this subsection in the second year of participation,
    an amount equal to 90 percent of the amount it received under this subsection in its second year of participation.
  • 20 U.S.C. § 1087–52(a)(3)(B)(i)
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    (i) the Secretary shall allot the amount required to be allocated to all institutions under paragraph (1), and
  • 20 U.S.C. § 1087–52(a)(4)(A)
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    (A) Notwithstanding any other provision of this section, the Secretary may allocate an amount equal to not more than 10 percent of the amount by which the amount appropriated in any fiscal year to carry out this part exceeds $700,000,000 among eligible institutions described in subparagraph (B).
  • 20 U.S.C. § 1087–52(b)(1)
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    (1) From the remainder of the amount appropriated pursuant to section 1087–51(b) of this title after making the allocations required by subsection (a) of this section, the Secretary shall allocate to each eligible institution which has an excess eligible amount an amount which bears the same ratio to such remainder as such excess eligible amount bears to the sum of the excess eligible amounts of all such eligible institutions (having such excess eligible amounts).
  • 20 U.S.C. § 1087–52(c)(2)
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    (2) To determine the self-help need of an institution’s eligible undergraduate students, the Secretary shall—
    (A) establish various income categories for dependent and independent undergraduate students;
    (B) establish a student aid index for each income category of dependent and independent undergraduate students, determined on the basis of the average student aid index (computed in accordance with part F of this subchapter) of a representative sample within each income category for the second preceding fiscal year;
    (C) compute 25 percent of the average cost of attendance for all undergraduate students;
    (D) multiply the number of eligible dependent students in each income category by the lesser of—
    (i) 25 percent of the average cost of attendance for all undergraduate students determined under subparagraph (C); or
    (ii) the average cost of attendance for all undergraduate students minus the student aid index determined under subparagraph (B) for that income category, except that the amount computed by such subtraction shall not be less than zero;
    (E) add the amounts determined under subparagraph (D) for each income category of dependent students; and
    (F) multiply the number of eligible independent students in each income category by the lesser of—
    (i) 25 percent of the average cost of attendance for all undergraduate students determined under subparagraph (C); or
    (ii) the average cost of attendance for all undergraduate students minus the student aid index determined under subparagraph (B) for that income category, except that the amount computed by such subtraction for any income category shall not be less than zero;
    (G) add the amounts determined under subparagraph (F) for each income category of independent students; and
    (H) add the amounts determined under subparagraphs (E) and (G).
  • 20 U.S.C. § 1087–52(c)(3)
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    (3) To determine the self-help need of an institution’s eligible graduate and professional students, the Secretary shall—
    (A) establish various income categories of graduate and professional students;
    (B) establish a student aid index for each income category of graduate and professional students, determined on the basis of the average student aid index (computed in accordance with part F of this subchapter) of a representative sample within each income category for the second preceding fiscal year;
    (C) determine the average cost of attendance for all graduate and professional students;
    (D) subtract from the average cost of attendance for all graduate and professional students (determined under subparagraph (C)), the student aid index (determined under subparagraph (B)) for each income category, except that the amount computed by such subtraction for any income category shall not be less than zero;
    (E) multiply the amounts determined under subparagraph (D) by the number of eligible students in each category; and
    (F) add the amounts determined under subparagraph (E) of this paragraph for each income category.
  • 20 U.S.C. § 1087–52(c)(4)(B)
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    (B) The average undergraduate and graduate and professional tuition and fees described in subparagraph (A)(i) shall be computed on the basis of information reported by the institution to the Secretary, which shall include (i) total revenue received by the institution from undergraduate and graduate tuition and fees for the second year preceding the year for which it is applying for an allocation, and (ii) the institution’s enrollment for such second preceding year.
  • 20 U.S.C. § 1087–52(d)(1)
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    (1) If institutions return to the Secretary any portion of the sums allocated to such institutions under this section for any fiscal year, the Secretary shall reallot such excess to eligible institutions which used at least 5 percent of the total amount of funds granted to such institution under this section to compensate students employed in tutoring in reading and family literacy activities in the preceding fiscal year. Such excess funds shall be reallotted to institutions which qualify under this subsection on the same basis as excess eligible amounts are allocated to institutions pursuant to subsection (b) of this section. Funds received by institutions pursuant to this subsection shall be used to compensate students employed in community service.
  • 20 U.S.C. § 1087–52(d)(2)
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    (2) If, under paragraph (1) of this subsection, an institution returns more than 10 percent of its allocation, the institution’s allocation for the next fiscal year shall be reduced by the amount returned. The Secretary may waive this paragraph for a specific institution if the Secretary finds that enforcing this paragraph would be contrary to the interest of the program.
  • 20 U.S.C. § 1087–52(e)
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    (e) The Secretary shall, from time to time, set dates before which institutions must file applications for allocations under this part.
  • 20 U.S.C. § 1087–53(a)
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    (a) The Secretary is authorized to enter into agreements with institutions of higher education under which the Secretary will make grants to such institutions to assist in the operation of work-study programs as provided in this part.
  • 20 U.S.C. § 1087–53(b)(1)
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    (1) provide for the operation by the institution of a program for the part-time employment, including internships, practica, or research assistantships as determined by the Secretary, of its students in work for the institution itself, work in community service or work in the public interest for a Federal, State, or local public agency or private nonprofit organization under an arrangement between the institution and such agency or organization, and such work—
    (A) will not result in the displacement of employed workers or impair existing contracts for services;
    (B) will be governed by such conditions of employment as will be appropriate and reasonable in light of such factors as type of work performed, geographical region, and proficiency of the employee;
    (C) does not involve the construction, operation, or maintenance of so much of any facility as is used or is to be used for sectarian instruction or as a place for religious worship; and
    (D) will not pay any wage to students employed under this subpart1 that is less than the current Federal minimum wage as mandated by section 206 of title 29;
  • 20 U.S.C. § 1087–53(b)(2)(A)
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    (A) for fiscal year 2000 and succeeding fiscal years, an institution shall use at least 7 percent of the total amount of funds granted to such institution under this section for such fiscal year to compensate students employed in community service, and shall ensure that not less than 1 tutoring or family literacy project (as described in subsection (d) of this section) is included in meeting the requirement of this subparagraph, except that the Secretary may waive this subparagraph if the Secretary determines that enforcing this subparagraph would cause hardship for students at the institution; and
  • 20 U.S.C. § 1087–53(b)(5)(A)
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    (A) the Federal share may exceed 75 percent, but not exceed 90 percent, if, consistent with regulations of the Secretary—
    (i) the student is employed at a nonprofit private organization or a government agency that—
    (I) is not a part of, and is not owned, operated, or controlled by, or under common ownership, operation, or control with, the institution;
    (II) is selected by the institution on an individual case-by-case basis for such student; and
    (III) would otherwise be unable to afford the costs of such employment; and
    (ii) not more than 10 percent of the students compensated through the institution’s grant under this part during the academic year are employed in positions for which the Federal share exceeds 75 percent; and
  • 20 U.S.C. § 1087–53(b)(5)(B)
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    (B) the Federal share may exceed 75 percent if the Secretary determines, pursuant to regulations promulgated by the Secretary establishing objective criteria for such determinations, that a Federal share in excess of such amounts is required in furtherance of the purpose of this part;
  • 20 U.S.C. § 1087–53(b)(8)(A)(ii)
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    (ii) furnish student services that are directly related to the student’s education, as determined by the Secretary pursuant to regulations, except that no student shall be employed in any position that would involve the solicitation of other potential students to enroll in the school; or
  • 20 U.S.C. § 1087–53(b)(11)
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    (11) include such other reasonable provisions as the Secretary shall deem necessary or appropriate to carry out the purpose of this part.
  • 20 U.S.C. § 1087–53(c)
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    (c) As part of its agreement agreement2 described in subsection (b) of this section, an institution of higher education may, at its option, enter into an additional agreement with the Secretary which shall—
    (1) provide for the operation by the institution of a program of part-time employment of its students in work for a private for-profit organization under an arrangement between the institution and such organization that complies with the requirements of subparagraphs (A) through (D) of subsection (b)(1) of this section and subsection (b)(3) of this section;
    (2) provide that the institution will use not more than 25 percent of the funds made available to such institution under this part for any fiscal year for the operation of the program described in paragraph (1);
    (3) provide that, notwithstanding subsection (b)(5) of this section, the Federal share of the compensation of students employed in such program will not exceed 60 percent for academic years 1987–1988 and 1988–1989, 55 percent for academic year 1989–1990, and 50 percent for academic year 1990–1991 and succeeding academic years, and that the non-Federal share of such compensation will be provided by the private for-profit organization in which the student is employed;
    (4) provide that jobs under the work study program will be academically relevant, to the maximum extent practicable; and
    (5) provide that the for-profit organization will not use funds made available under this part to pay any employee who would otherwise be employed by the organization.
  • 20 U.S.C. § 1087–55(a)(2)
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    (2) Any of the sums so granted to an institution for a fiscal year which are not needed by that institution to operate work-study programs during that fiscal year, and which it does not wish to use during the next fiscal year as authorized in the preceding sentence, shall remain available to the Secretary for making grants under section 1087–53 of this title to other institutions in the same State until the close of the second fiscal year next succeeding the fiscal year for which such funds were appropriated.
  • 20 U.S.C. § 1087–55(b)(1)
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    (1) Up to 10 percent of the sums the Secretary determines an eligible institution may receive from funds which have been appropriated for a fiscal year may be used by the Secretary to make grants under this part to such institution for expenditure during the fiscal year preceding the fiscal year for which the sums were appropriated.
  • 20 U.S.C. § 1087–55(d)(1)
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    (1) In the event of a major disaster, an eligible institution located in any area affected by such major disaster, as determined by the Secretary, may make payments under this part to disaster-affected students, for the period of time (not to exceed one academic year) in which the disaster-affected students were prevented from fulfilling the students’ work-study obligations as described in paragraph (2)(A)(iii), as follows:
    (A) Payments may be made under this part to disaster-affected students in an amount equal to or less than the amount of wages such students would have been paid under this part had the students been able to complete the work obligation necessary to receive work study funds.
    (B) Payments shall not be made to any student who was not eligible for work study or was not completing the work obligation necessary to receive work study funds under this part prior to the occurrence of the major disaster.
    (C) Any payments made to disaster-affected students under this subsection shall meet the matching requirements of section 1087–53 of this title, unless such matching requirements are waived by the Secretary.
  • 20 U.S.C. § 1087–55(d)(1)(C)
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    (C) Any payments made to disaster-affected students under this subsection shall meet the matching requirements of section 1087–53 of this title, unless such matching requirements are waived by the Secretary.
  • 20 U.S.C. § 1087–56(a)(1)
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    (1) The Secretary is authorized to enter into agreements with eligible institutions under which such institution may use not more than 10 percent or $75,000 of its allotment under section 1087–52 of this title, whichever is less, to establish or expand a program under which such institution, separately or in combination with other eligible institutions, locates and develops jobs, including community service jobs, for currently enrolled students.
  • 20 U.S.C. § 1087–56(b)(6)
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    (6) provide that the institution will submit to the Secretary an annual report on the uses made of funds provided under this section and an evaluation of the effectiveness of such program in benefiting the students of such institution.
  • 20 U.S.C. § 1087–57(b)(1)
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    (1) In addition to funds made available under section 1087–53(b)(2)(A) of this title, the Secretary is authorized to award grants to institutions participating under this part to supplement off-campus community service employment.
  • 20 U.S.C. § 1087–57(b)(3)
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    (3) In awarding grants under this subsection, the Secretary shall give priority to applications that support postsecondary students assisting with early childhood education activities and activities in preparation for emergencies and natural disasters.
  • 20 U.S.C. § 1087–58(b)(2)
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    (2) From the sums appropriated pursuant to subsection (f) of this section, and from the funds available under paragraph (1), eligible institutions may, following approval of an application under subsection (c) of this section by the Secretary—
    (A) support the educational costs of qualified students through self-help payments or credits provided under the work-learning-service program of the institution within the limits of part F of this subchapter;
    (B) promote the work-learning-service experience as a tool of postsecondary education, financial self-help and community service-learning opportunities;
    (C) carry out activities described in section 1087–53 or 1087–56 of this title;
    (D) be used for the administration, development and assessment of comprehensive work-learning-service programs, including—
    (i) community-based work-learning-service alternatives that expand opportunities for community service and career-related work; and
    (ii) alternatives that develop sound citizenship, encourage student persistence, and make optimum use of assistance under this part in education and student development;
    (E) coordinate and carry out joint projects and activities to promote work service learning; and
    (F) carry out a comprehensive, longitudinal study of student academic progress and academic and career outcomes, relative to student self-sufficiency in financing their higher education, repayment of student loans, continued community service, kind and quality of service performed, and career choice and community service selected after graduation.
  • 20 U.S.C. § 1087–58(c)
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    (c) Each eligible institution may submit an application for funds authorized by subsection (f) of this section to use funds under subsection (b)(1) of this section at such time and in such manner as the Secretary, by regulation, may reasonably require.
  • 20 U.S.C. § 1088(a)(2)(B)
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    (B) The Secretary may reduce such minimum of 30 weeks to not less than 26 weeks for good cause, as determined by the Secretary on a case-by-case basis, in the case of an institution of higher education that provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree and that measures program length in credit hours or clock hours.
  • 20 U.S.C. § 1088(b)(2)(A)(i)
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    (i) has a verified completion rate of at least 70 percent, as determined in accordance with the regulations of the Secretary;
  • 20 U.S.C. § 1088(b)(2)(A)(ii)
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    (ii) has a verified placement rate of at least 70 percent, as determined in accordance with the regulations of the Secretary; and
  • 20 U.S.C. § 1088(b)(2)(A)(iii)
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    (iii) satisfies such further criteria as the Secretary may prescribe by regulation.
  • 20 U.S.C. § 1088(b)(2)(B)
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    (B) In the case of a program being determined eligible for the first time under this paragraph, such determination shall be made by the Secretary before such program is considered to have satisfied the requirements of this paragraph.
  • 20 U.S.C. § 1088(b)(3)(A)
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    (A) is recognized by the Secretary under subpart 2 of part H; and
  • 20 U.S.C. § 1088(b)(4)
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    (4) For purposes of this subchapter, the term “eligible program” includes an instructional program that, in lieu of credit hours or clock hours as the measure of student learning, utilizes direct assessment of student learning, or recognizes the direct assessment of student learning by others, if such assessment is consistent with the accreditation of the institution or program utilizing the results of the assessment. In the case of a program being determined eligible for the first time under this paragraph, such determination shall be made by the Secretary before such program is considered to be an eligible program.
  • 20 U.S.C. § 1088(d)(5)
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    (5) The term “qualifying National Guard duty during a war or other military operation or national emergency” means service as a member of the National Guard on full-time National Guard duty (as defined in section 101(d)(5) of title 10) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32 in connection with a war, other military operation, or a national emergency declared by the President and supported by Federal funds.
  • 20 U.S.C. § 1088a
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    Notwithstanding any other provision of this chapter, any regulations promulgated by the Secretary concerning the relationship between clock hours and semester, trimester, or quarter hours in calculating student grant, loan, or work assistance under this subchapter, shall not apply to a public or private nonprofit hospital-based school of nursing that awards a diploma at the completion of the school’s program of education.
  • 20 U.S.C. § 1089(a)
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    (a) To assure adequate notification and timely delivery of student aid funds under this subchapter, the Secretary shall adhere to the following calendar dates in the year preceding the award year:
    (1) Development and distribution of Federal and multiple data entry forms—
    (A) by February 1: first meeting of the technical committee on forms design of the Department;
    (B) by March 1: proposed modifications, updates, and notices pursuant to sections 1087rr and 1090(a)(5)1 of this title published in the Federal Register;
    (C) by June 1: final modifications, updates, and notices pursuant to sections 1087rr and 1090(a)(5)1 of this title published in the Federal Register;
    (D) by August 15: application for Federal student assistance and multiple data entry data elements and instructions approved;
    (E) by August 30: final approved forms delivered to servicers and printers;
    (F) by October 1: Federal and multiple data entry forms and instructions printed; and
    (G) by November 1: Federal and multiple data entry forms, instructions, and training materials distributed.
    (2) Allocations of campus-based and Pell Grant funds—
    (A) by August 1: distribution of institutional application for campus-based funds (FISAP) to institutions;
    (B) by October 1: final date for submission of FISAP by institutions to the Department;
    (C) by November 15: edited FISAP and computer printout received by institutions;
    (D) by December 1: appeals procedures received by institutions;
    (E) by December 15: edits returned by institutions to the Department;
    (F) by February 1: tentative award levels received by institutions and final Pell Grant payment schedule;
    (G) by February 15: closing date for receipt of institutional appeals by the Department;
    (H) by March 1: appeals process completed;
    (I) by April 1: final award notifications sent to institutions; and
    (J) by June 1: Pell Grant authorization levels sent to institutions.
    (3) The Secretary shall, to the extent practicable, notify eligible institutions, guaranty agencies, lenders, interested software providers, and, upon request, other interested parties, by December 1 prior to the start of an award year of minimal hardware and software requirements necessary to administer programs under this subchapter.
    (4) The Secretary shall attempt to conduct training activities for financial aid administrators and others in an expeditious and timely manner prior to the start of an award year in order to ensure that all participants are informed of all administrative requirements.
  • 20 U.S.C. § 1089(a)(3)
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    (3) The Secretary shall, to the extent practicable, notify eligible institutions, guaranty agencies, lenders, interested software providers, and, upon request, other interested parties, by December 1 prior to the start of an award year of minimal hardware and software requirements necessary to administer programs under this subchapter.
  • 20 U.S.C. § 1089(a)(4)
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    (4) The Secretary shall attempt to conduct training activities for financial aid administrators and others in an expeditious and timely manner prior to the start of an award year in order to ensure that all participants are informed of all administrative requirements.
  • 20 U.S.C. § 1089(b)
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    (b) With respect to any funds reallocated under section 1070b–3(d), 1087–52(d), or 1087bb(i) of this title, the Secretary shall reallocate such funds at any time during the course of the year that will best meet the purpose of the programs under subpart 3 of part A, part C, and part E, respectively. However, such reallocation shall occur at least once each year, not later than September 30 of that year.
  • 20 U.S.C. § 1089(c)(1)
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    (1) Except as provided in paragraph (2), any regulatory changes initiated by the Secretary affecting the programs under this subchapter that have not been published in final form by November 1 prior to the start of the award year shall not become effective until the beginning of the second award year after such November 1 date.
  • 20 U.S.C. § 1089(c)(2)(A)
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    (A) The Secretary may designate any regulatory provision that affects the programs under this subchapter and is published in final form after November 1 as one that an entity subject to the provision may, in the entity’s discretion, choose to implement prior to the effective date described in paragraph (1). The Secretary may specify in the designation when, and under what conditions, an entity may implement the provision prior to that effective date. The Secretary shall publish any designation under this subparagraph in the Federal Register.
  • 20 U.S.C. § 1089(c)(2)(B)
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    (B) If an entity chooses to implement a regulatory provision prior to the effective date described in paragraph (1), as permitted by subparagraph (A), the provision shall be effective with respect to that entity in accordance with the terms of the Secretary’s designation.
  • 20 U.S.C. § 1089(d)
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    (d) The Secretary shall notify the authorizing committees when a deadline included in the calendar described in subsection (a) is not met. Nothing in this section shall be interpreted to penalize institutions or deny them the specified times allotted to enable them to return information to the Secretary based on the failure of the Secretary to adhere to the dates specified in this section.
  • 20 U.S.C. § 1089(e)
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    (e) Prior to the beginning of each award year, the Secretary shall provide to institutions of higher education a list of all the reports and disclosures required under this chapter. The list shall include—
    (1) the date each report or disclosure is required to be completed and to be submitted, made available, or disseminated;
    (2) the required recipients of each report or disclosure;
    (3) any required method for transmittal or dissemination of each report or disclosure;
    (4) a description of the content of each report or disclosure sufficient to allow the institution to identify the appropriate individuals to be assigned the responsibility for such report or disclosure;
    (5) references to the statutory authority, applicable regulations, and current guidance issued by the Secretary regarding each report or disclosure; and
    (6) any other information which is pertinent to the content or distribution of the report or disclosure.
  • 20 U.S.C. § 1089(e)(5)
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    (5) references to the statutory authority, applicable regulations, and current guidance issued by the Secretary regarding each report or disclosure; and
  • 20 U.S.C. § 1090(a)(1)
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    (1) Each individual seeking to apply for Federal financial aid under this subchapter for award year 2024–2025 and any subsequent award year shall file a free application with the Secretary, known as the “Free Application for Federal Student Aid”, to determine eligibility for such aid, as described in paragraph (2), and in accordance with section 1087ss of this title.
  • 20 U.S.C. § 1090(a)(2)(A)
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    (A) The Secretary shall make available, for the purposes of paragraph (1), a free application to determine the eligibility of a student for Federal financial aid under this subchapter.
  • 20 U.S.C. § 1090(a)(2)(B)(i)
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    (i) The applicant, and, if necessary, the parents or spouse of the applicant, shall provide the Secretary with the applicable information described in clause (ii) in order to be eligible for Federal financial aid under this subchapter.
  • 20 U.S.C. § 1090(a)(2)(B)(ii)(XVII)(jj)
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    (jj) Any other means-tested program determined by the Secretary to be appropriate.
  • 20 U.S.C. § 1090(a)(2)(B)(iv)
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    (iv) The Secretary shall provide a process by which an applicant shall confirm the accuracy of family size or update the family size with respect to such applicant for purposes of determining the need of such applicant for financial assistance under this subchapter based on a change in family size from the tax year data used for such determination.
  • 20 U.S.C. § 1090(a)(2)(B)(v)
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    (v) The Secretary shall ensure that—
    (I) on the form developed under this section for which the information is applicable, there is a single, easily understood screening question to identify an applicant who is an unaccompanied homeless youth or is unaccompanied, at risk of homelessness, and self-supporting; and
    (II) such question is distinct from those relating to an individual who does not have access to parental income due to an unusual circumstance.
  • 20 U.S.C. § 1090(a)(2)(B)(vi)
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    (vi) The Secretary shall disclose on the FAFSA that the student may, on a case-by-case basis, qualify for an adjustment under section 1087tt of this title to the cost of attendance or the values of the data items required to calculate the student’s eligibility for a Federal Pell Grant or the student aid index for the student or parent.
  • 20 U.S.C. § 1090(a)(2)(C)
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    (C) The Secretary shall notify students and borrowers who wish to submit an application for Federal student financial aid under this subchapter (as well as parents and spouses who must sign such an application or request or a Master Promissory Note on behalf of those students and borrowers) of the authority of the Secretary to require that such persons affirmatively approve that the Internal Revenue Service disclose their tax return information as described in section 1098h of this title.
  • 20 U.S.C. § 1090(a)(2)(D)(i)
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    (i) An applicant and, if necessary, the parents or spouse of the applicant shall provide the Secretary with authorization to disclose to an institution, State higher education agency, and scholarship organizations (designated (prior to December 19, 2019) by the Secretary under subsection (a)(3)(E))2 as in effect on such date3, as specified by the applicant and in accordance with section 1098h of this title, in order for the applicant’s eligibility for Federal financial aid programs, State financial aid programs, institutional financial aid programs, and scholarship programs at scholarship organizations (designated (prior to December 19, 2019) by the Secretary under subsection (a)(3)(E))2 as in effect on such date3, to be determined, the following:
    (I) Information described under section 6103(l)(13) of title 26.
    (II) All information provided by the applicant on the application described by this subsection to determine the applicant’s eligibility for Federal financial aid under this subchapter and for the application, award, and administration of such Federal financial aid, except the name of an institution to which an applicant selects to redisclose information shall not be disclosed to any other institution.
  • 20 U.S.C. § 1090(a)(2)(D)(ii)
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    (ii) An applicant and, if necessary, the parents or spouse of the applicant may provide the Secretary with authorization to disclose to applicable agencies that handle applications for means-tested Federal benefit programs, as defined in section 1087ss(b)(4)(H) of this title, all information provided by the applicant on the application described by this subsection as well as such applicant’s student aid index and scheduled Federal Pell Grant award to assist in identification, outreach and application efforts for the application, award, and administration of such means-tested Federal benefits programs, except such information shall not include Federal tax information as specified in section 6103(l)(13)(C) of title 26.
  • 20 U.S.C. § 1090(a)(2)(E)(i)
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    (i) an application under this section, the Secretary shall, as soon as practicable, perform the necessary functions with the Commissioner of Internal Revenue to calculate the applicant’s student aid index and scheduled award for a Federal Pell Grant, if applicable, assuming full-time enrollment for an academic year, and note to the applicant the assumptions relationship to the scheduled award; and
  • 20 U.S.C. § 1090(a)(2)(E)(ii)
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    (ii) an authorization under subparagraph (D), the Secretary shall, as soon as practicable, disclose the information described under such subparagraph, as specified by the applicant, in order for the applicant’s eligibility for Federal, State, or institutional student financial aid programs or means-tested Federal benefit programs to be estimated or determined.
  • 20 U.S.C. § 1090(a)(2)(F)
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    (F) With respect to an applicant who has received income earned from work under part C of this subchapter, the Secretary shall take the steps necessary to collect information on the amount of such income for the purposes of calculating such applicant’s student aid index and scheduled award for a Federal Pell Grant, if applicable, without adding additional questions to the FAFSA, including by collecting such information from institutions of higher education participating in work-study programs under part C of this subchapter.
  • 20 U.S.C. § 1090(a)(3)(A)
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    (A) Upon receiving and timely processing a free application that contains the information described in paragraph (2), the Secretary shall provide to the applicant the following information based on full-time attendance for an academic year:
    (i) The estimated dollar amount of a Federal Pell Grant scheduled award for which the applicant is eligible for such award year.
    (ii) Information on other types of Federal financial aid for which the applicant may be eligible (including situations in which the applicant could qualify for 150 percent of a scheduled Federal Pell Grant award and loans made under this subchapter) and how the applicant can find additional information regarding such aid.
    (iii) Consumer-tested information regarding each institution selected by the applicant in accordance with paragraph (2)(B)(ii)(XI), which may include the following:
    (I) The following information, as collected through the Integrated Postsecondary Education Data System or a successor Federal data system as designated by the Secretary:
    (aa) Net price by the income categories, as described under section 1015a(i)(6) of this title, and disaggregated by undergraduate and graduate programs, as applicable.
    (bb) Graduation rate.
    (cc) Retention rate.
    (dd) Transfer rate, if available.
    (II) Median debt of students upon completion.
    (III) Institutional default rate, as calculated under section 1085 of this title.
    (iv) If the student is eligible for a student aid index of less than or equal to zero under section 1087mm of this title, a notification of the Federal means-tested benefits that they have not already indicated they receive, but for which they may be eligible, and relevant links and information on how to apply for such benefits.
    (v) Information on education tax benefits described in paragraphs (1) and (2) of section 25A(a) of title 26 or other applicable education tax benefits determined in consultation with the Secretary of the Treasury.
    (vi) If the individual identified as a veteran, or as serving (on the date of the application) on active duty in the Armed Forces for other than training purposes, information on benefits administered by the Department of Veteran Affairs or Department of Defense, respectively.
    (vii) If applicable, the applicant’s current outstanding balance of loans under this subchapter.
  • 20 U.S.C. § 1090(a)(3)(A)(iii)(I)
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    (I) The following information, as collected through the Integrated Postsecondary Education Data System or a successor Federal data system as designated by the Secretary:
    (aa) Net price by the income categories, as described under section 1015a(i)(6) of this title, and disaggregated by undergraduate and graduate programs, as applicable.
    (bb) Graduation rate.
    (cc) Retention rate.
    (dd) Transfer rate, if available.
  • 20 U.S.C. § 1090(a)(3)(A)(v)
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    (v) Information on education tax benefits described in paragraphs (1) and (2) of section 25A(a) of title 26 or other applicable education tax benefits determined in consultation with the Secretary of the Treasury.
  • 20 U.S.C. § 1090(a)(3)(B)(i)
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    (i) The Secretary shall redisclose, with authorization from the applicant in accordance with paragraph (2)(D)(i), to a State higher education agency administering State-based financial aid and serving the applicant’s State of residence, the information described under section 6103(l)(13) of title 26 and information described in paragraph (2)(B) for the application, award, and administration of grants and other student financial aid provided directly from the State to be determined by such State. Such information shall include the list of institutions provided by the applicant on the application.
  • 20 U.S.C. § 1090(a)(4)
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    (4) Prior to the design of the free application under this subsection, the Secretary shall, to the maximum extent practicable, on an annual basis—
    (A) consult with stakeholders to gather information about innovations and technology available to—
    (i) ensure an efficient and effective process;
    (ii) mitigate unintended consequences; and
    (iii) determine the best practices for outreach to students and families during the transition to the streamlined process for the determination of Federal financial aid and Federal Pell Grant eligibility while reducing the data burden on applicants and families; and
    (B) solicit public comments for the format of the free application that provides for adequate time to incorporate feedback prior to development of the application for the succeeding award year.
  • 20 U.S.C. § 1090(a)(5)
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    (5) In carrying out this subsection, the Secretary may not require additional information to be submitted by an applicant (or the parents or spouse of an applicant) for Federal financial aid through other requirements or reporting, except as required under a process or procedure exercised in accordance with the authority under section 1087tt of this title.
  • 20 U.S.C. § 1090(a)(6)(A)
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    (A) The Secretary shall conduct outreach to States in order to research the benefits to students of States relying solely on the student aid index, scheduled Pell Grant Award, or the financial data made available, upon authorization by the applicant, as a result of an application for aid under this subsection for determining the eligibility of the applicant for State provided financial aid.
  • 20 U.S.C. § 1090(a)(6)(B)
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    (B) If a State determines that there is a need for additional data elements beyond those provided pursuant to this subsection for determining the eligibility of an applicant for State provided financial aid, the State shall forward a list of those additional data elements determined necessary, but not provided by virtue of the application under this subsection, to the Secretary. The Secretary shall make readily available to the public through the Department’s websites and other means—
    (i) a list of States that do not require additional financial information separate from the Free Application for Federal Student Aid and do not require asset information from students who qualify for the exemption from asset reporting under section 1087ss of this title for the purposes of awarding State scholarships and grant aid;
    (ii) a list of States that require asset information from students who qualify for the exemption from asset reporting under section 1087ss of this title for the purposes of awarding State scholarships and grant aid;
    (iii) a list of States that have indicated that they require additional financial information separate from the Free Application for Federal Student Aid for purposes of awarding State scholarships and grant aid; and
    (iv) with the publication of the lists under this subparagraph, information about additional resources available to applicants, including links to such State websites.
  • 20 U.S.C. § 1090(a)(7)(A)
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    (A) The Secretary shall conduct outreach to institutions of higher education to describe the benefits to students of relying solely on the student aid index, scheduled Pell Grant Award, or the financial data made available, upon authorization for release by the applicant, as a result of an application for aid under this subsection for determining the eligibility of the applicant for institutional financial aid. The Secretary shall make readily available to the public through its websites and other means—
    (i) a list of institutions that do not require additional financial information separate from the Free Application for Federal Student Aid and do not require asset information from students who qualify for the exemption from asset reporting under section 1087ss of this title for the purpose of awarding institution-run financial aid;
    (ii) a list of institutions that require asset information from students who qualify for the exemption from asset reporting under section 1087ss of this title for the purpose of awarding institution-run financial aid;
    (iii) a list of institutions that require additional financial information separate from the Free Application for Federal Student Aid for the purpose of awarding institution-run financial aid; and
    (iv) with the publication of the list in clause (iii), information about additional resources available to applicants.
  • 20 U.S.C. § 1090(a)(8)
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    (8) The Secretary shall, in consultation with the Secretary of the Treasury—
    (A) take all necessary steps to safeguard the data required to be transmitted for the purpose of this section between Federal agencies and to States and institutions of higher education and secure the transmittal of such data;
    (B) provide guidance to States and institutions of higher education regarding their obligation to ensure the security of the data provided under this section and section 6103 of title 26; and
    (C) provide guidance on the implementation of section 6103 of title 26, including how it intersects with the provisions of section 1232g of this title (commonly known as the “Family Educational Rights and Privacy Act of 1974”), and any additional consent processes that may be available to applicants in accordance with title 26 regarding sharing of Federal tax information.
  • 20 U.S.C. § 1090(a)(9)(A)
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    (A) Not later than 1 year after December 27, 2020, the Secretary shall report to the authorizing committees on the progress of the Secretary in carrying out this subsection, including planning and stakeholder consultation. Such report shall include—
    (i) benchmarks for implementation;
    (ii) entities and organizations that the Secretary consulted;
    (iii) system requirements for such implementation and how they will be addressed;
    (iv) any areas of concern and potential problem issues uncovered that may hamper such implementation; and
    (v) solutions determined to address such issues.
  • 20 U.S.C. § 1090(a)(9)(A)(ii)
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    (ii) entities and organizations that the Secretary consulted;
  • 20 U.S.C. § 1090(a)(9)(B)
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    (B) The Secretary shall provide updates to the authorizing committees—
    (i) as to the progress and planning described in subparagraph (A) prior to implementation of the revisions to the Free Application for Federal Student Aid under this subsection not less often than quarterly; and
    (ii) at least 6 months and 1 year after implementation of the revisions to the Free Application for Federal Student Aid.
  • 20 U.S.C. § 1090(b)(1)
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    (1) The Secretary shall disclose in a consumer-tested format, upon completion of the Free Application for Federal Student Aid under this section, that the student may, on a case-by-case basis, qualify for an adjustment under section 1087tt of this title to the cost of attendance or the values of the data items required to calculate the Federal Pell Grant or the need analysis for the student or parent. Such disclosure shall specify—
    (A) examples of the special circumstances under which a student or family member may qualify for such adjustment or determination of independence; and
    (B) additional information regarding the steps a student or family member may take in order to seek an adjustment under section 1087tt of this title.
  • 20 U.S.C. § 1090(b)(2)(A)
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    (A) Not later than 9 months after December 27, 2020, the Secretary shall begin consumer testing the design of the Free Application for Federal Student Aid under this section with prospective first-generation college students, representatives of students (including low-income students, English learners, first-generation college students, adult students, veterans, servicemembers, and prospective students), students’ families (including low-income families, families with English learners, families with first-generation college students, and families with prospective students), institutions of higher education, secondary school and postsecondary counselors, and nonprofit consumer groups.
  • 20 U.S.C. § 1090(b)(2)(B)
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    (B) For award year 2024–2025 and at least each fourth succeeding award year thereafter, the Secretary shall update the design of the Free Application for Federal Student Aid based on additional consumer testing with the populations described in subparagraph (A) in order to improve the usability and accessibility of the application.
  • 20 U.S.C. § 1090(b)(3)
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    (3) The Secretary shall—
    (A) in conjunction with the Bureau of the Census, determine the most common languages spoken by English learner students and their parents in the United States;
    (B) develop and make publicly available versions of the Free Application for Federal Student Aid form in not fewer than 11 of the most common languages determined under subparagraph (A) and make such versions available and accessible to applicants in paper and electronic formats; and
    (C) ensure that the Free Application for Federal Student Aid is available in formats accessible to individuals with disabilities and compliant with the most recent Web Content Accessibility Guidelines, or successor guidelines.
  • 20 U.S.C. § 1090(b)(4)
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    (4) In order to streamline an applicant’s experience in applying for financial aid, the Secretary shall allow an applicant who electronically applies for financial assistance under this subchapter for an academic year subsequent to an academic year for which such applicant applied for financial assistance under this subchapter to automatically electronically import all of the applicant’s (including parents’, guardians’, or spouses’, as applicable) identifying, demographic, and school data from the previous application and to update such information to reflect any circumstances that have changed.
  • 20 U.S.C. § 1090(b)(5)
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    (5) The Secretary shall make the application under this section available through prevalent technology. Such technology shall, at a minimum, enable applicants to—
    (A) save data; and
    (B) submit the application under this subchapter to the Secretary through such technology.
  • 20 U.S.C. § 1090(b)(5)(B)
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    (B) submit the application under this subchapter to the Secretary through such technology.
  • 20 U.S.C. § 1090(b)(6)
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    (6) The Secretary shall—
    (A) to the maximum extent practicable, streamline and simplify the process of verification for applicants for Federal financial aid;
    (B) in establishing policies and procedures to verify applicants’ eligibility for Federal financial aid, consider—
    (i) the burden placed on low-income applicants;
    (ii) the risk to low-income applicants of failing to complete the application, enroll in college, or complete a postsecondary credential as a result of being selected for verification;
    (iii) the effectiveness of the policies and procedures in preventing overpayments; and
    (iv) the reasons for the source of any improper payments; and
    (C) issue a public report not less often than annually that includes the number and percentage of applicants subject to verification, whether the applicants ultimately received Federal financial aid disbursements, the extent to which the student aid index changed for such applicants as a result of verification, and the extent to which such applicants’ eligibility for Federal financial aid under this subchapter changed.
  • 20 U.S.C. § 1090(b)(7)
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    (7) The Secretary shall periodically conduct studies on—
    (A) whether the Free Application for Federal Student Aid is a barrier to college enrollment by examining—
    (i) the effect of States requiring additional information specified in clauses (ii) and (iii) of subsection (a)(6)(B) on the determination of State financial aid awards, including—
    (I) how much financial aid awards would change if the additional information were not required; and
    (II) the number of students who started but did not finish the Free Application for Federal Student Aid, compared to the baseline year of 2021; and
    (ii) the number of students who—
    (I) started a Free Application for Federal Student Aid but did not receive financial assistance under this subchapter for the applicable academic year; and
    (II) if available, did not enroll in an institution of higher education in the applicable academic year;
    (B) the most common barriers faced by applicants in completing the Free Application for Federal Student Aid; and
    (C) the most common reasons that students and families do not fill out the Free Applications for Federal Student Aid.
  • 20 U.S.C. § 1090(c)(1)
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    (1) The Secretary shall publish data in a publicly accessible manner—
    (A) annually on the total number of Free Applications for Federal Student Aid submitted by application cycle, disaggregated by demographic characteristics, type of institution or institutions of higher education to which the applicant applied, the applicant’s State of legal residence, and high school and public school district;
    (B) quarterly on the total number of Free Applications for Federal Student Aid submitted by application cycle, disaggregated by type of institution or institutions of higher education to which the applicant applied, the applicant’s State of legal residence, and high school and public school district;
    (C) weekly on the total number of Free Applications for Federal Student Aid submitted, disaggregated by high school and public school district; and
    (D) annually on the number of individuals who apply for federal financial aid pursuant to this section who indicated that they are—
    (i) an unaccompanied homeless youth or unaccompanied, at risk of homelessness, and self-supporting; or
    (ii) a foster care youth.
  • 20 U.S.C. § 1090(c)(3)
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    (3) The Secretary may enter into data sharing agreements with the appropriate Federal or State agencies to conduct outreach regarding, and connect applicants directly with, the means-tested Federal benefit programs described in subsection (a)(2)(B)(ii)(XVII) for which the applicants may be eligible.
  • 20 U.S.C. § 1090(d)(1)
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    (1) Notwithstanding any other provision of this subchapter, the Secretary may permit the Free Application for Federal Student Aid to be submitted without a signature, if a signature is subsequently submitted by the applicant, or if the applicant uses an access device provided by the Secretary.
  • 20 U.S.C. § 1090(d)(2)(D)
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    (D) does not produce, use, or disseminate any other form for the purpose of applying for Federal financial aid other than the Free Application for Federal Student Aid developed by the Secretary under this section.
  • 20 U.S.C. § 1090(d)(3)
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    (3) The need for and eligibility of a student for financial assistance under this subchapter may be determined only by using the Free Application for Federal Student Aid developed by the Secretary under this section. Such application shall be produced, distributed, and processed by the Secretary, and no parent or student shall be charged a fee by the Secretary, a contractor, a third-party servicer or private software provider, or any other public or private entity for the collection, processing, or delivery of Federal financial aid through the use of such application. No data collected on a form for which a fee is charged shall be used to complete the Free Application for Federal Student Aid prescribed under this section, except that a Federal or State income tax form prepared by a paid income tax preparer or preparer service for the primary purpose of filing a Federal or State income tax return may be used to complete the Free Application for Federal Student Aid prescribed under this section.
  • 20 U.S.C. § 1090(d)(4)(A)
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    (A) The Secretary shall enable applicants to submit a Free Application for Federal Student Aid developed under this section and initiate the processing of such application, not later than October 1 prior to the applicant’s planned year of enrollment.
  • 20 U.S.C. § 1090(d)(4)(B)
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    (B) The Secretary shall, with respect to each application processing cycle, prior to the initiation of such processing cycle—
    (i) on a date that is not later than September 1—
    (I) certify to the authorizing committees that the Department will meet the October 1 deadline specified in subparagraph (A) for such processing cycle; or
    (II) certify to such committees that the Department will not meet such deadline; and
    (ii) in the case of a certification described in clause (i)(II), on a date that is not later than September 30, testify before the authorizing committees on—
    (I) the anticipated failure to meet such deadline; and
    (II) the financial impact such failure will have on students and families.
  • 20 U.S.C. § 1090(d)(5)
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    (5) The Secretary shall maintain an electronic method for applicants to enter income and family size information to calculate a non-binding estimate of the applicant’s Federal financial aid available under this subchapter and shall place such calculator on a prominent location at the beginning of the Free Application for Federal Student Aid.
  • 20 U.S.C. § 1091(a)(3)
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    (3) not owe a refund on grants previously received at any institution under this subchapter, or be in default on any loan from a student loan fund at any institution provided for in part E, or a loan made, insured, or guaranteed by the Secretary under this subchapter for attendance at any institution;
  • 20 U.S.C. § 1091(a)(4)
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    (4) file with the Secretary, as part of the original financial aid application process, a certification, which need not be notarized, but which shall include—
    (A) a statement of educational purpose stating that the money attributable to such grant, loan, or loan guarantee will be used solely for expenses related to attendance or continued attendance at such institution; and
    (B) such student’s social security number;
  • 20 U.S.C. § 1091(a)(6)
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    (6) if the student has been convicted of, or has pled nolo contendere or guilty to, a crime involving fraud in obtaining funds under this subchapter, have completed the repayment of such funds to the Secretary, or to the holder in the case of a loan under this subchapter obtained by fraud.
  • 20 U.S.C. § 1091(b)(1)
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    (1) In order to be eligible to receive any loan under this subchapter (other than a loan under section 1078–2 or 1078–3 of this title, or under section 1078–8 of this title pursuant to an exercise of discretion under section 1087tt of this title) for any period of enrollment, a student who is not a graduate or professional student (as defined in regulations of the Secretary), and who is enrolled in a program at an institution which has a participation agreement with the Secretary to make awards under subpart 1 of part A of this subchapter, shall—
    (i) have received a determination of eligibility or ineligibility for a Pell Grant under such subpart 1 for such period of enrollment; and (ii) if determined to be eligible, have filed an application for a Pell Grant for such enrollment period; or
    (B) have (i) filed an application with the Pell Grant processor for such institution for such enrollment period, and (ii) received from the financial aid administrator of the institution a preliminary determination of the student’s eligibility or ineligibility for a grant under such subpart 1.
  • 20 U.S.C. § 1091(d)(1)(A)(i)
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    (i) The student shall take an independently administered examination and shall achieve a score, specified by the Secretary, demonstrating that such student can benefit from the education or training being offered. Such examination shall be approved by the Secretary on the basis of compliance with such standards for development, administration, and scoring as the Secretary may prescribe in regulations.
  • 20 U.S.C. § 1091(d)(1)(A)(ii)
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    (ii) The student shall be determined as having the ability to benefit from the education or training in accordance with such process as the State shall prescribe. Any such process described or approved by a State for the purposes of this section shall be effective 6 months after the date of submission to the Secretary unless the Secretary disapproves such process. In determining whether to approve or disapprove such process, the Secretary shall take into account the effectiveness of such process in enabling students without secondary school diplomas or the equivalent thereof to benefit from the instruction offered by institutions utilizing such process, and shall also take into account the cultural diversity, economic circumstances, and educational preparation of the populations served by the institutions.
  • 20 U.S.C. § 1091(g)(1)
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    (1) The Secretary shall implement a system under which the statements and supporting documentation, if required, of an individual declaring that such individual is in compliance with the requirements of subsection (a)(5) shall be verified prior to the individual’s receipt of a grant, loan, or work assistance under this subchapter.
  • 20 U.S.C. § 1091(g)(3)
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    (3) The Secretary is authorized to verify such statements and supporting documentation through a data match, using an automated or other system, with other Federal agencies that may be in possession of information relevant to such statements and supporting documentation.
  • 20 U.S.C. § 1091(h)
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    (h) The Secretary shall not take any compliance, disallowance, penalty, or other regulatory action against an institution of higher education with respect to any error in the institution’s determination to make a student eligible for a grant, loan, or work assistance based on citizenship or immigration status—
    (1) if the institution has provided such eligibility based on a verification of satisfactory immigration status by the Immigration and Naturalization Service,
    (2) because the institution, under subsection (g)(4)(A)(i), was required to provide a reasonable opportunity to submit documentation, or
    (3) because the institution, under subsection (g)(4)(B)(i), was required to wait for the response of the Immigration and Naturalization Service to the institution’s request for official verification of the immigration status of the student.
  • 20 U.S.C. § 1091(l)(3)
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    (3) For award years beginning prior to July 1, 2008, the Secretary shall not take any compliance, disallowance, penalty, or other action based on a violation of this subsection against a student or an eligible institution when such action arises out of such institution’s prior award of student assistance under this subchapter if the institution demonstrates to the satisfaction of the Secretary that its course of instruction would have been in conformance with the requirements of this subsection.
  • 20 U.S.C. § 1091(o)
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    (o) The Secretary of Education, in cooperation with the Commissioner of the Social Security Administration, shall verify any social security number provided by a student to an eligible institution under subsection (a)(4) and shall enforce the following conditions:
    (1) Except as provided in paragraphs (2) and (3), an institution shall not deny, reduce, delay, or terminate a student’s eligibility for assistance under this part because social security number verification is pending.
    (2) If there is a determination by the Secretary that the social security number provided to an eligible institution by a student is incorrect, the institution shall deny or terminate the student’s eligibility for any grant, loan, or work assistance under this subchapter until such time as the student provides documented evidence of a social security number that is determined by the institution to be correct.
    (3) If there is a determination by the Secretary that the social security number provided to an eligible institution by a student is incorrect, and a correct social security number cannot be provided by such student, and a loan has been guaranteed for such student under part B of this subchapter, the institution shall notify and instruct the lender and guaranty agency making and guaranteeing the loan, respectively, to cease further disbursements of the loan, but such guaranty shall not be voided or otherwise nullified with respect to such disbursements made before the date that the lender and the guaranty agency receives such notice.
    (4) Nothing in this subsection shall permit the Secretary to take any compliance, disallowance, penalty, or other regulatory action against—
    (A) any institution of higher education with respect to any error in a social security number, unless such error was a result of fraud on the part of the institution; or
    (B) any student with respect to any error in a social security number, unless such error was a result of fraud on the part of the student.
  • 20 U.S.C. § 1091(o)(2)
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    (2) If there is a determination by the Secretary that the social security number provided to an eligible institution by a student is incorrect, the institution shall deny or terminate the student’s eligibility for any grant, loan, or work assistance under this subchapter until such time as the student provides documented evidence of a social security number that is determined by the institution to be correct.
  • 20 U.S.C. § 1091(o)(3)
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    (3) If there is a determination by the Secretary that the social security number provided to an eligible institution by a student is incorrect, and a correct social security number cannot be provided by such student, and a loan has been guaranteed for such student under part B of this subchapter, the institution shall notify and instruct the lender and guaranty agency making and guaranteeing the loan, respectively, to cease further disbursements of the loan, but such guaranty shall not be voided or otherwise nullified with respect to such disbursements made before the date that the lender and the guaranty agency receives such notice.
  • 20 U.S.C. § 1091(o)(4)
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    (4) Nothing in this subsection shall permit the Secretary to take any compliance, disallowance, penalty, or other regulatory action against—
    (A) any institution of higher education with respect to any error in a social security number, unless such error was a result of fraud on the part of the institution; or
    (B) any student with respect to any error in a social security number, unless such error was a result of fraud on the part of the student.
  • 20 U.S.C. § 1091(p)
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    (p) The Secretary, in cooperation with the Secretary of the Treasury, shall fulfill the data transfer requirements under section 6103(l)(13) of title 26 and the procedure and requirements outlined in section 1098h of this title.
  • 20 U.S.C. § 1091(q)(3)
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    (3) Notwithstanding any other provision of law unless such provision is enacted with specific reference to this section, the Secretary is authorized to waive any statutory provision applicable to the student financial assistance programs under section 1070a of this title, subpart 3 of part A, or part C (other than a provision of part F related to such a program), or any institutional eligibility provisions of this subchapter, as the Secretary determines necessary to ensure that programs enrolling students with intellectual disabilities otherwise determined to be eligible under this subsection may receive such financial assistance.
  • 20 U.S.C. § 1091(q)(4)
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    (4) Notwithstanding regulations applicable to grant or work assistance awards made under section 1070a of this title, subpart 3 of part A, and part C (other than a regulation under part F related to such an award), including with respect to eligible programs, instructional time, credit status, and enrollment status as described in section 1088 of this title, the Secretary shall promulgate regulations allowing programs enrolling students with intellectual disabilities otherwise determined to be eligible under this subsection to receive such awards.
  • 20 U.S.C. § 1091(r)(1)
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    (1) Within one year of August 14, 2008, the Secretary shall analyze data from the FAFSA containing information regarding the number, characteristics, and circumstances of students denied Federal student aid based on a drug conviction while receiving Federal aid.
  • 20 U.S.C. § 1091(r)(4)
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    (4) The Secretary shall prepare and submit to the authorizing committees, in each fiscal year, a report describing the results obtained by the establishment and operation of the data system authorized by this subsection.
  • 20 U.S.C. § 1091(t)(2)
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    (2) The Secretary, in collaboration with the Attorney General, shall provide technical assistance and guidance to the Bureau of Prisons, State departments of corrections, and other entities that are responsible for overseeing correctional facilities in making determinations under paragraph (1)(B)(iii).
  • 20 U.S.C. § 1091(t)(4)(A)
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    (A) Not later than 1 year after December 27, 2020, in order to evaluate and improve the impact of activities supported under this subsection, the Secretary, in partnership with the Director of the Institute of Education Sciences, shall award 1 or more grants or contracts to, or enter into cooperative agreements with, experienced public and private institutions and organizations to enable the institutions and organizations to conduct an external evaluation that shall—
    (i) assess the ability of confined or incarcerated individuals to access and complete the Free Application for Federal Student Aid;
    (ii) examine in-custody outcomes and post-release outcomes related to providing Federal Pell Grants to confined or incarcerated individuals, including—
    (I) attainment of a postsecondary degree or credential;
    (II) safety in penal institutions with prison education programs;
    (III) the size of waiting lists for prison education programs;
    (IV) the extent to which such individuals continue their education post-release;
    (V) employment and earnings outcomes for such individuals; and
    (VI) rates of recidivism for such individuals;
    (iii) track individuals who received Federal Pell Grants under subpart 1 of part A at 1, 3, and 5 years after the individuals’ release from confinement or incarceration; and
    (iv) examine the extent to which institutions provide re-entry or relevant career services to participating confined or incarcerated individuals as part of the prison education program and the efficacy of such services, if offered.
  • 20 U.S.C. § 1091(t)(4)(B)
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    (B) Beginning not later than 1 year after the Secretary awards the grant, contract, or cooperative agreement described in subparagraph (A) and annually thereafter, each institution of higher education operating a prison education program under this subsection shall submit a report to the Secretary on activities assisted and students served under this subsection, which shall include the information, as applicable, contained in clauses (i) through (iv) of subparagraph (A).
  • 20 U.S.C. § 1091(t)(5)
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    (5) Not later than 1 year after December 27, 2020, and on at least an annual basis thereafter, the Secretary shall submit to the authorizing committees, and make publicly available on the website of the Department, a report on the—
    (A) impact of this subsection which shall include, at a minimum—
    (i) the names and types of institutions of higher education offering prison education programs at which confined or incarcerated individuals are enrolled and receiving Federal Pell Grants;
    (ii) the number of confined or incarcerated individuals receiving Federal Pell Grants through each prison education program;
    (iii) the amount of Federal Pell Grant expenditures for each prison education program;
    (iv) the average amount of Federal Pell Grant expenditures per full-time equivalent students in a prison education program compared to the average amount of Federal Pell Grant expenditures per full-time equivalent students not in prison education programs;
    (v) the demographics of confined or incarcerated individuals receiving Federal Pell Grants;
    (vi) the cost of attendance for such individuals;
    (vii) the mode of instruction (such as distance education, in-person instruction, or a combination of such modes) for each prison education program;
    (viii) information on the academic outcomes of such individuals (such as credits attempted and earned, and credential and degree completion) and any information available from student satisfaction surveys conducted by the applicable institution or correctional facility;
    (ix) information on post-release outcomes of such individuals, including, to the extent practicable, continued postsecondary enrollment, earnings, credit transfer, and job placement;
    (x) rates of recidivism for confined or incarcerated individuals receiving Federal Pell Grants;
    (xi) information on transfers of confined or incarcerated individuals between prison education programs;
    (xii) the most common programs and courses offered in prison education programs; and
    (xiii) rates of instructor turnover or departure for courses offered in prison education programs;
    (B) results of each prison education program at each institution of higher education, including the information described in clauses (ii) through (xiii) of subparagraph (A); and
    (C) findings regarding best practices with respect to prison education programs.
  • 20 U.S.C. § 1091a(a)(2)(B)
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    (B) a guaranty agency that has an agreement with the Secretary under section 1078(c) of this title that is seeking the repayment of the amount due from a borrower on a loan made under part B of this subchapter after such guaranty agency reimburses the previous holder of the loan for its loss on account of the default of the borrower;
  • 20 U.S.C. § 1091a(a)(2)(C)
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    (C) an institution that has an agreement with the Secretary pursuant to section 1087c or 1087cc(a) of this title that is seeking the repayment of the amount due from a borrower on a loan made under part D or E of this subchapter after the default of the borrower on such loan; or
  • 20 U.S.C. § 1091a(a)(2)(D)
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    (D) the Secretary, the Attorney General, or the administrative head of another Federal agency, as the case may be, for payment of a refund due from a student on a grant made under this subchapter, or for the repayment of the amount due from a borrower on a loan made under this subchapter that has been assigned to the Secretary under this subchapter.
  • 20 U.S.C. § 1091a(b)(2)
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    (2) in collecting any obligation arising from a loan made under part B of this subchapter, a guaranty agency or the Secretary shall not be subject to a defense raised by any borrower based on a claim of infancy; and
  • 20 U.S.C. § 1091a(b)(3)
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    (3) in collecting any obligation arising from a loan made under part E, an institution of higher education that has an agreement with the Secretary pursuant to section 1087cc(a) of this title shall not be subject to a defense raised by any borrower based on a claim of infancy.
  • 20 U.S.C. § 1091a(c)
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    (c) A judgment of a State court for the recovery of money provided as grant, loan, or work assistance under this subchapter that has been assigned or transferred to the Secretary under this subchapter may be registered in any district court of the United States by filing a certified copy of the judgment and a copy of the assignment or transfer. A judgment so registered shall have the same force and effect, and may be enforced in the same manner, as a judgment of the district court of the district in which the judgment is registered.
  • 20 U.S.C. § 1091b(a)(4)(A)
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    (A) After determining the eligibility of the student for a late disbursement or post-withdrawal disbursement (as required in regulations prescribed by the Secretary), the institution of higher education shall contact the borrower and obtain confirmation that the loan funds are still required by the borrower. In making such contact, the institution shall explain to the borrower the borrower’s obligation to repay the funds following any such disbursement. The institution shall document in the borrower’s file the result of such contact and the final determination made concerning such disbursement.
  • 20 U.S.C. § 1091b(b)(2)(B)(ii)(II)
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    (II) overpayment collection procedures prescribed by the Secretary.
  • 20 U.S.C. § 1091b(b)(2)(D)
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    (D) The Secretary may waive the amounts that students are required to return under this section with respect to Federal Pell Grants if the withdrawals on which the returns are based are withdrawals by students—
    (i) who were residing in, employed in, or attending an institution of higher education that is located in an area in which the President has declared that a major disaster exists, in accordance with section 5170 of title 42;
    (ii) whose attendance was interrupted because of the impact of the disaster on the student or the institution; and
    (iii) whose withdrawal ended within the academic year during which the designation occurred or during the next succeeding academic year.
  • 20 U.S.C. § 1091b(b)(2)(E)
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    (E) In addition to the waivers authorized by subparagraph (D), the Secretary may waive the amounts that students are required to return under this section with respect to any other grant assistance under this subchapter if the withdrawals on which the returns are based are withdrawals by students—
    (i) who were residing in, employed in, or attending an institution of higher education that is located in an area in which the President has declared that a major disaster exists, in accordance with section 5170 of title 42;
    (ii) whose attendance was interrupted because of the impact of the disaster on the student or the institution; and
    (iii) whose withdrawal ended within the academic year during which the designation occurred or during the next succeeding academic year.
  • 20 U.S.C. § 1091c(c)(3)(C)(ii)
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    (ii) ordered to or retained on active duty (other than for training) under any provision of law because of a war or national emergency declared by the President or the Congress, as determined by the Secretary concerned;
  • 20 U.S.C. § 1091c(c)(3)(C)(iii)
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    (iii) ordered to active duty (other than for training) in support, as determined by the Secretary concerned, of an operational mission for which personnel have been ordered to active duty under section 12304 of title 10;
  • 20 U.S.C. § 1091c(c)(3)(C)(iv)
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    (iv) ordered to active duty in support, as determined by the Secretary concerned, of a critical mission or requirement of the Armed Forces (including the National Guard or Reserve); or
  • 20 U.S.C. § 1092(a)(5)
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    (5) The Secretary shall permit any institution of higher education that is a member of an athletic association or athletic conference that has voluntarily published completion or graduation rate data or has agreed to publish data that, in the opinion of the Secretary, is substantially comparable to the information required under this subsection, to use such data to satisfy the requirements of this subsection.
  • 20 U.S.C. § 1092(a)(7)(B)(i)
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    (i) In order to assist two-year degree-granting institutions of higher education in meeting the requirements of paragraph (1)(L) and subsection (e), the Secretary, in consultation with the Commissioner for Education Statistics, shall, not later than 90 days after August 14, 2008, convene a group of representatives from diverse institutions of higher education, experts in the field of higher education policy, state1 higher education officials, students, and other stakeholders in the higher education community, to develop recommendations regarding the accurate calculation and reporting of the information required to be disseminated or reported under paragraph (1)(L) and subsection (e) by two-year, degree-granting institutions of higher education. In developing such recommendations, the group of representatives shall consider the mission and role of two-year degree-granting institutions of higher education, and may recommend additional or alternative measures of student success for such institutions in light of the mission and role of such institutions.
  • 20 U.S.C. § 1092(a)(7)(B)(ii)
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    (ii) The Secretary shall widely disseminate the recommendations required under this subparagraph to two-year, degree-granting institutions of higher education, the public, and the authorizing committees not later than 18 months after the first meeting of the group of representatives convened under clause (i).
  • 20 U.S.C. § 1092(a)(7)(B)(iii)
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    (iii) The Secretary shall use the recommendations from the group of representatives convened under clause (i) to provide technical assistance to two-year, degree-granting institutions of higher education in meeting the requirements of paragraph (1)(L) and subsection (e).
  • 20 U.S.C. § 1092(a)(7)(B)(iv)
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    (iv) The Secretary may modify the information required to be disseminated or reported under paragraph (1)(L) or subsection (e) by a two-year, degree-granting institution of higher education—
    (I) based on the recommendations received under this subparagraph from the group of representatives convened under clause (i);
    (II) to include additional or alternative measures of student success if the goals of the provisions of paragraph (1)(L) and subsection (e) can be met through additional means or comparable alternatives; and
    (III) during the period beginning on August 14, 2008, and ending on June 30, 2011.
  • 20 U.S.C. § 1092(b)(1)(A)(iv)
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    (iv) for any loan forgiveness or cancellation provision of this subchapter, a general description of the terms and conditions under which the borrower may obtain full or partial forgiveness or cancellation of the principal and interest, and a copy of the information provided by the Secretary under section 1092(d) of this title;
  • 20 U.S.C. § 1092(b)(1)(A)(v)
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    (v) for any forbearance provision of this subchapter, a general description of the terms and conditions under which the borrower may defer repayment of principal or interest or be granted forbearance, and a copy of the information provided by the Secretary under section 1092(d) of this title;
  • 20 U.S.C. § 1092(c)
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    (c) Each eligible institution shall designate an employee or group of employees who shall be available on a full-time basis to assist students or potential students in obtaining information as specified in subsection (a). The Secretary may, by regulation, waive the requirement that an employee or employees be available on a full-time basis for carrying out responsibilities required under this section whenever an institution in which the total enrollment, or the portion of the enrollment participating in programs under this subchapter at that institution, is too small to necessitate such employee or employees being available on a full-time basis. No such waiver may include permission to exempt any such institution from designating a specific individual or a group of individuals to carry out the provisions of this section.
  • 20 U.S.C. § 1092(d)(1)
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    (1) The Secretary shall make available to eligible institutions, eligible lenders, and secondary schools descriptions of Federal student assistance programs including the rights and responsibilities of student and institutional participants, in order to (A) assist students in gaining information through institutional sources, and (B) assist institutions in carrying out the provisions of this section, so that individual and institutional participants will be fully aware of their rights and responsibilities under such programs. In particular, such information shall include information to enable students and prospective students to assess the debt burden and monthly and total repayment obligations that will be incurred as a result of receiving loans of varying amounts under this subchapter. Such information shall also include information on the various payment options available for student loans, including income-sensitive and income-based repayment plans for loans made, insured, or guaranteed under part B and income-contingent and income-based repayment plans for loans made under part D. In addition, such information shall include information to enable borrowers to assess the practical consequences of loan consolidation, including differences in deferment eligibility, interest rates, monthly payments, and finance charges, and samples of loan consolidation profiles to illustrate such consequences. The Secretary shall provide information concerning the specific terms and conditions under which students may obtain partial or total cancellation or defer repayment of loans for service, shall indicate (in terms of the Federal minimum wage) the maximum level of compensation and allowances that a student borrower may receive from a tax-exempt organization to qualify for a deferment, and shall explicitly state that students may qualify for such partial cancellations or deferments when they serve as a paid employee of a tax-exempt organization. The Secretary shall also provide information on loan forbearance, including the increase in debt that results from capitalization of interest. Such information shall be provided by eligible institutions and eligible lenders at any time that information regarding loan availability is provided to any student.
  • 20 U.S.C. § 1092(d)(2)
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    (2) The Secretary, to the extent the information is available, shall compile information describing State and other prepaid tuition programs and savings programs and disseminate such information to States, eligible institutions, students, and parents in departmental publications.
  • 20 U.S.C. § 1092(d)(3)
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    (3) The Secretary, to the extent practicable, shall update the Department’s Internet site to include direct links to databases that contain information on public and private financial assistance programs. The Secretary shall only provide direct links to databases that can be accessed without charge and shall make reasonable efforts to verify that the databases included in a direct link are not providing fraudulent information. The Secretary shall prominently display adjacent to any such direct link a disclaimer indicating that a direct link to a database does not constitute an endorsement or recommendation of the database, the provider of the database, or any services or products of such provider. The Secretary shall provide additional direct links to information resources from which students may obtain information about fraudulent and deceptive practices in the provision of services related to student financial aid.
  • 20 U.S.C. § 1092(d)(4)
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    (4) The Secretary shall widely publicize the location of the information described in paragraph (1) among the public, eligible institutions, and eligible lenders, and promote the use of such information by prospective students, enrolled students, families of prospective and enrolled students, and borrowers.
  • 20 U.S.C. § 1092(e)(1)
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    (1) Each institution of higher education which participates in any program under this subchapter and is attended by students receiving athletically related student aid shall annually submit a report to the Secretary which contains—
    (A) the number of students at the institution of higher education who received athletically related student aid broken down by race and sex in the following sports: basketball, football, baseball, cross country/track, and all other sports combined;
    (B) the number of students at the institution of higher education, broken down by race and sex;
    (C) the completion or graduation rate for students at the institution of higher education who received athletically related student aid broken down by race and sex in the following sports: basketball, football, baseball, cross country/track and all other sports combined;
    (D) the completion or graduation rate for students at the institution of higher education, broken down by race and sex;
    (E) the average completion or graduation rate for the 4 most recent completing or graduating classes of students at the institution of higher education who received athletically related student aid broken down by race and sex in the following categories: basketball, football, baseball, cross country/track, and all other sports combined; and
    (F) the average completion or graduation rate for the 4 most recent completing or graduating classes of students at the institution of higher education broken down by race and sex.
  • 20 U.S.C. § 1092(e)(2)
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    (2) When an institution described in paragraph (1) of this subsection offers a potential student athlete athletically related student aid, such institution shall provide to the student and the student’s parents, guidance counselor, and coach the information contained in the report submitted by such institution pursuant to paragraph (1). If the institution is a member of a national collegiate athletic association that compiles graduation rate data on behalf of the association’s member institutions that the Secretary determines is substantially comparable to the information described in paragraph (1), the distribution of the compilation of such data to all secondary schools in the United States shall fulfill the responsibility of the institution to provide information to a prospective student athlete’s guidance counselor and coach.
  • 20 U.S.C. § 1092(e)(4)
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    (4) Each institution of higher education described in paragraph (1) may provide supplemental information to students and the Secretary showing the completion or graduation rate when such completion or graduation rate includes students transferring into and out of such institution.
  • 20 U.S.C. § 1092(e)(5)
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    (5) The Secretary, using the reports submitted under this subsection, shall compile and publish a report containing the information required under paragraph (1) broken down by—
    (A) individual institutions of higher education; and
    (B) athletic conferences recognized by the National Collegiate Athletic Association and the National Association of Intercollegiate Athletics.
  • 20 U.S.C. § 1092(e)(6)
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    (6) The Secretary shall waive the requirements of this subsection for any institution of higher education that is a member of an athletic association or athletic conference that has voluntarily published completion or graduation rate data or has agreed to publish data that, in the opinion of the Secretary, is substantially comparable to the information required under this subsection.
  • 20 U.S.C. § 1092(e)(7)
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    (7) The Secretary, in conjunction with the National Junior College Athletic Association, shall develop and obtain data on completion or graduation rates from two-year colleges that award athletically related student aid. Such data shall, to the extent practicable, be consistent with the reporting requirements set forth in this section.
  • 20 U.S.C. § 1092(f)(2)
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    (2) Nothing in this subsection shall be construed to authorize the Secretary to require particular policies, procedures, or practices by institutions of higher education with respect to campus crimes or campus security.
  • 20 U.S.C. § 1092(f)(5)
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    (5) On an annual basis, each institution participating in any program under this subchapter, other than a foreign institution of higher education, shall submit to the Secretary a copy of the statistics required to be made available under paragraph (1)(F). The Secretary shall—
    (A) review such statistics and report to the authorizing committees on campus crime statistics by September 1, 2000;
    (B) make copies of the statistics submitted to the Secretary available to the public; and
    (C) in coordination with representatives of institutions of higher education, identify exemplary campus security policies, procedures, and practices and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus crime.
  • 20 U.S.C. § 1092(f)(5)(B)
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    (B) make copies of the statistics submitted to the Secretary available to the public; and
  • 20 U.S.C. § 1092(f)(10)
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    (10) The Secretary, in consultation with the Attorney General of the United States, shall provide technical assistance in complying with the provisions of this section to an institution of higher education who requests such assistance.
  • 20 U.S.C. § 1092(f)(12)
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    (12) The Secretary shall report to the appropriate committees of Congress each institution of higher education that the Secretary determines is not in compliance with the reporting requirements of this subsection.
  • 20 U.S.C. § 1092(f)(14)
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    (14) Upon a determination pursuant to section 1094(c)(3)(B) of this title that an institution of higher education has substantially misrepresented the number, location, or nature of the crimes required to be reported under this subsection, the Secretary shall impose a civil penalty upon the institution in the same amount and pursuant to the same procedures as a civil penalty is imposed under section 1094(c)(3)(B) of this title.
  • 20 U.S.C. § 1092(f)(16)
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    (16) The Secretary shall annually report to the authorizing committees regarding compliance with this subsection by institutions of higher education, including an up-to-date report on the Secretary’s monitoring of such compliance.
  • 20 U.S.C. § 1092(f)(17)(A)
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    (A) The Secretary shall seek the advice and counsel of the Attorney General of the United States concerning the development, and dissemination to institutions of higher education, of best practices information about campus safety and emergencies.
  • 20 U.S.C. § 1092(f)(17)(B)
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    (B) The Secretary shall seek the advice and counsel of the Attorney General of the United States and the Secretary of Health and Human Services concerning the development, and dissemination to institutions of higher education, of best practices information about preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking, including elements of institutional policies that have proven successful based on evidence-based outcome measurements.
  • 20 U.S.C. § 1092(g)(4)(A)
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    (A) On an annual basis, each institution of higher education described in paragraph (1) shall provide to the Secretary, within 15 days of the date that the institution makes available the report under paragraph (1), the information contained in the report.
  • 20 U.S.C. § 1092(g)(4)(B)
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    (B) The Secretary shall ensure that the reports described in subparagraph (A) are made available to the public within a reasonable period of time.
  • 20 U.S.C. § 1092(g)(4)(C)
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    (C) Not later than 180 days after October 7, 1998, the Secretary shall notify all secondary schools in all States regarding the availability of the information made available under paragraph (1), and how such information may be accessed.
  • 20 U.S.C. § 1092(h)(2)(A)
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    (A) authorize the Secretary or the National Advisory Committee on Institutional Quality and Integrity to require particular policies, procedures, or practices by institutions of higher education with respect to transfer of credit;
  • 20 U.S.C. § 1092(i)(2)
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    (2) Each institution described in paragraph (1) shall, on an annual basis, submit to the Secretary a copy of the statistics required to be made available under paragraph (1)(A).
  • 20 U.S.C. § 1092(i)(4)
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    (4) The Secretary shall—
    (A) make the statistics submitted under paragraph (1)(A) to the Secretary available to the public; and
    (B) in coordination with nationally recognized fire organizations and representatives of institutions of higher education, representatives of associations of institutions of higher education, and other organizations that represent and house a significant number of students—
    (i) identify exemplary fire safety policies, procedures, programs, and practices, including the installation, to the technical standards of the National Fire Protection Association, of fire detection, prevention, and protection technologies in student housing, dormitories, and other buildings;
    (ii) disseminate the exemplary policies, procedures, programs and practices described in clause (i) to the Administrator of the United States Fire Administration;
    (iii) make available to the public information concerning those policies, procedures, programs, and practices that have proven effective in the reduction of fires; and
    (iv) develop a protocol for institutions to review the status of their fire safety systems.
  • 20 U.S.C. § 1092(i)(4)(A)
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    (A) make the statistics submitted under paragraph (1)(A) to the Secretary available to the public; and
  • 20 U.S.C. § 1092(i)(5)(A)
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    (A) authorize the Secretary to require particular policies, procedures, programs, or practices by institutions of higher education with respect to fire safety, other than with respect to the collection, reporting, and dissemination of information required by this subsection;
  • 20 U.S.C. § 1092(i)(6)
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    (6) The Secretary shall annually report to the authorizing committees regarding compliance with this subsection by institutions of higher education, including an up-to-date report on the Secretary’s monitoring of such compliance.
  • 20 U.S.C. § 1092(l)(1)(B)
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    (B) The Secretary shall encourage institutions to carry out the requirements of subparagraph (A) through the use of interactive programs that test the borrower’s understanding of the terms and conditions of the borrower’s loans under part B or D, using simple and understandable language and clear formatting.
  • 20 U.S.C. § 1092(l)(2)(C)
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    (C) Information on how interest accrues and is capitalized during periods when the interest is not paid by either the borrower or the Secretary.
  • 20 U.S.C. § 1092(m)(1)
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    (1) Each institution of higher education participating in any program under this subchapter shall report, on an annual basis, to the Secretary, any reasonable expenses paid or provided under section 1650(d) of title 15 to any employee who is employed in the financial aid office of the institution, or who otherwise has responsibilities with respect to education loans or other financial aid of the institution. Such reports shall include—
    (A) the amount for each specific instance of reasonable expenses paid or provided;
    (B) the name of the financial aid official, other employee, or agent to whom the expenses were paid or provided;
    (C) the dates of the activity for which the expenses were paid or provided; and
    (D) a brief description of the activity for which the expenses were paid or provided.
  • 20 U.S.C. § 1092(m)(2)
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    (2) The Secretary shall summarize the information received from institutions of higher education under paragraph (1) in a report and transmit such report annually to the authorizing committees.
  • 20 U.S.C. § 1092a(f)(1)
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    (1) Each loan reissued under subsection (e) shall be evidenced by a note executed by the borrower. The Secretary of Health and Human Services shall insure such loan under a certificate of comprehensive insurance with no insurance limit, but any such certificate shall only be issued to an authorized holder of loans insured under part A of title VII of the Public Health Service Act (42 U.S.C. 292 et seq.) (including the Student Loan Marketing Association). Such certificates shall provide that all loans reissued under this section shall be fully insured against loss of principal and interest. Any insurance issued with respect to loans reissued under this section shall be excluded from the limitation on maximum insurance authority set forth in section 710 of the Public Health Service Act [42 U.S.C. 292i]. Notwithstanding the provisions of section 729(a)1 of the Public Health Service Act, the reissued loan shall be made in an amount, including outstanding principal, capitalized interest, accrued unpaid interest not yet capitalized, and authorized late charges. The proceeds of each such loan will be paid by the lender to the holder of the original loan being reissued and the borrower’s obligation to that holder on that loan shall be discharged.
  • 20 U.S.C. § 1092a(h)
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    (h) No origination fee or insurance premium shall be charged to the borrower on any combined payment plan, and no origination fee or insurance premium shall be payable by the lender to the Secretary of Health and Human Services.
  • 20 U.S.C. § 1092b(a)
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    (a) The Secretary shall consult with a representative group of guaranty agencies, eligible lenders, and eligible institutions to develop a mutually agreeable proposal for the establishment of a National Student Loan Data System containing information regarding loans made, insured, or guaranteed under part B and loans made under parts D and E, and for allowing the electronic exchange of data between program participants and the system. In establishing such data system, the Secretary shall place a priority on providing for the monitoring of enrollment, student status, information about current loan holders and servicers, and internship and residency information. Such data system shall also permit borrowers to use the system to identify the current loan holders and servicers of such borrower’s loan not later than one year after October 7, 1998. The information in the data system shall include (but is not limited to)—
    (1) the amount and type of each such loan made;
    (2) the names and social security numbers of the borrowers;
    (3) the guaranty agency responsible for the guarantee of the loan;
    (4) the institution of higher education or organization responsible for loans made under parts D and E;
    (5) the exact amount of loans partially or totally canceled or in deferment for service under the Peace Corps Act (22 U.S.C. 2501 et seq.), for service under the Domestic Volunteer Service Act of 1973 [42 U.S.C. 4950 et seq.], and for comparable full-time service as a volunteer for a tax-exempt organization of demonstrated effectiveness;
    (6) the eligible institution in which the student was enrolled or accepted for enrollment at the time the loan was made, and any additional institutions attended by the borrower;
    (7) the total amount of loans made to any borrower and the remaining balance of the loans;
    (8) the lender, holder, and servicer of such loans;
    (9) information concerning the date of any default on the loan and the collection of the loan, including any information concerning the repayment status of any defaulted loan on which the Secretary has made a payment pursuant to section 1080(a) of this title or the guaranty agency has made a payment to the previous holder of the loan;
    (10) information regarding any deferments or forbearance granted on such loans; and
    (11) the date of cancellation of the note upon completion of repayment by the borrower of the loan or payment by the Secretary pursuant to section 1087 of this title.
  • 20 U.S.C. § 1092b(a)(9)
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    (9) information concerning the date of any default on the loan and the collection of the loan, including any information concerning the repayment status of any defaulted loan on which the Secretary has made a payment pursuant to section 1080(a) of this title or the guaranty agency has made a payment to the previous holder of the loan;
  • 20 U.S.C. § 1092b(a)(11)
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    (11) the date of cancellation of the note upon completion of repayment by the borrower of the loan or payment by the Secretary pursuant to section 1087 of this title.
  • 20 U.S.C. § 1092b(c)
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    (c) The Secretary may require lenders, guaranty agencies, or institutions of higher education to verify information or obtain eligibility or other information through the National Student Loan Data System prior to making, guaranteeing, or certifying a loan made under part B, D, or E.
  • 20 U.S.C. § 1092b(d)
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    (d) In managing the National Student Loan Data System, the Secretary shall take actions necessary to maintain confidence in the data system, including, at a minimum—
    (1) ensuring that the primary purpose of access to the data system by guaranty agencies, eligible lenders, and eligible institutions of higher education is for legitimate program operations, such as the need to verify the eligibility of a student, potential student, or parent for loans under part B, D, or E;
    (2) prohibiting nongovernmental researchers and policy analysts from accessing personally identifiable information;
    (3) creating a disclosure form for students and potential students that is distributed when such students complete the common financial reporting form under section 1090 of this title, and as a part of the exit counseling process under section 1092(b) of this title, that—
    (A) informs the students that any subchapter IV grant or loan the students receive will be included in the National Student Loan Data System, and instructs the students on how to access that information;
    (B) describes the categories of individuals or entities that may access the data relating to such grant or loan through the data system, and for what purposes access is allowed;
    (C) defines and explains the categories of information included in the data system;
    (D) provides a summary of the provisions of section 1232g of this title (commonly known as the “Family Educational Rights and Privacy Act of 1974”) and other applicable Federal privacy statutes, and a statement of the students’ rights and responsibilities with respect to such statutes;
    (E) explains the measures taken by the Department to safeguard the students’ data; and
    (F) includes other information as determined appropriate by the Secretary;
    (4) requiring guaranty agencies, eligible lenders, and eligible institutions of higher education that enter into an agreement with a potential student, student, or parent of such student regarding a loan under part B, D, or E, to inform the student or parent that such loan shall be—
    (A) submitted to the data system; and
    (B) accessible to guaranty agencies, eligible lenders, and eligible institutions of higher education determined by the Secretary to be authorized users of the data system;
    (5) regularly reviewing the data system to—
    (A) delete inactive users from the data system;
    (B) ensure that the data in the data system are not being used for marketing purposes; and
    (C) monitor the use of the data system by guaranty agencies and eligible lenders to determine whether an agency or lender is accessing the records of students in which the agency or lender has no existing financial interest;
    (6) developing standardized protocols for limiting access to the data system that include—
    (A) collecting data on the usage of the data system to monitor whether access has been or is being used contrary to the purposes of the data system;
    (B) defining the steps necessary for determining whether, and how, to deny or restrict access to the data system; and
    (C) determining the steps necessary to reopen access to the data system following a denial or restriction of access; and
    (7) preventing access to the data system and any other system used to administer a program under this subchapter by any person or entity for the purpose of assisting a student in managing loan repayment or applying for any repayment plan, consolidation loan, or other benefit authorized by this subchapter, unless such access meets the requirements described in subsection (e).
  • 20 U.S.C. § 1092b(d)(3)(F)
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    (F) includes other information as determined appropriate by the Secretary;
  • 20 U.S.C. § 1092b(d)(4)(B)
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    (B) accessible to guaranty agencies, eligible lenders, and eligible institutions of higher education determined by the Secretary to be authorized users of the data system;
  • 20 U.S.C. § 1092b(e)(1)(A)
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    (A) is in compliance with terms of service, information security standards, and a code of conduct which shall be established by the Secretary and published in the Federal Register;
  • 20 U.S.C. § 1092b(e)(1)(B)
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    (B) is obtained using an access device (as defined in section 1029(e)(1) of title 18) issued by the Secretary to the authorized person or entity; and
  • 20 U.S.C. § 1092b(e)(1)(C)
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    (C) is obtained without using any access device (as defined in section 1029(e)(1) of title 18) issued by the Secretary to a student, borrower, or parent.
  • 20 U.S.C. § 1092b(e)(2)(B)(i)
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    (i) that attorney or other individual has never engaged in unfair, deceptive, or abusive practices, as determined by the Secretary;
  • 20 U.S.C. § 1092b(e)(2)(B)(ii)
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    (ii) that attorney or other individual does not work for an entity that has engaged in unfair, deceptive, or abusive practices (including an entity that is owned or operated by a person or entity that engaged in such practices), as determined by the Secretary;
  • 20 U.S.C. § 1092b(f)(1)
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    (1) Not later than September 30 of each fiscal year, the Secretary shall prepare and submit to the authorizing committees a report describing—
    (A) the effectiveness of existing privacy safeguards in protecting student, borrower, and parent information in the data system;
    (B) the success of any new authorization protocols in more effectively preventing abuse of the data system;
    (C) the reduction in improper data system access as described in subsection (d)(7);
    (D) the ability of the Secretary to monitor how the system is being used, relative to the intended purposes of the data system; and
    (E) any protocols, codes of conduct, terms of service, or information security standards developed under paragraphs (6) or (7) of subsection (d) during the preceding fiscal year.
  • 20 U.S.C. § 1092b(f)(1)(D)
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    (D) the ability of the Secretary to monitor how the system is being used, relative to the intended purposes of the data system; and
  • 20 U.S.C. § 1092b(f)(2)(A)
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    (A) The Secretary shall conduct a study regarding—
    (i) available mechanisms for providing students and parents with the ability to opt in or opt out of allowing eligible lenders to access their records in the National Student Loan Data System; and
    (ii) appropriate protocols for limiting access to the data system, based on the risk assessment required under subchapter III of chapter 35 of title 44.
  • 20 U.S.C. § 1092b(f)(2)(B)
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    (B) Not later than three years after August 14, 2008, the Secretary shall prepare and submit a report on the findings of the study under subparagraph (A) to the authorizing committees.
  • 20 U.S.C. § 1092b(g)(1)
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    (1) The Secretary shall by regulation prescribe standards and procedures (including relevant definitions) that require all lenders and guaranty agencies to report information on all aspects of loans made under this subchapter in uniform formats in order to permit the direct comparison of data submitted by individual lenders, servicers or guaranty agencies.
  • 20 U.S.C. § 1092b(g)(2)
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    (2) For the purpose of establishing standards under this section, the Secretary shall—
    (A) consult with guaranty agencies, lenders, institutions of higher education, and organizations representing the groups described in paragraph (1);
    (B) develop standards designed to be implemented by all guaranty agencies and lenders with minimum modifications to existing data processing hardware and software; and
    (C) publish the specifications selected to be used to encourage the automation of exchanges of information between all parties involved in loans under this subchapter.
  • 20 U.S.C. § 1092b(h)
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    (h) The Secretary shall, not later than July 1, 1993—
    (1) revise the codes used to identify institutions and students in the student loan data system authorized by this section to make such codes consistent with the codes used in each database used by the Department of Education that contains information of participation in programs under this subchapter; and
    (2) modify the design or operation of the system authorized by this section to ensure that data relating to any institution is readily accessible and can be used in a form compatible with the integrated postsecondary education data system (IPEDS).
  • 20 U.S.C. § 1092b(i)
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    (i) The Secretary shall integrate the National Student Loan Data System with the Pell Grant applicant and recipient databases as of January 1, 1994, and any other databases containing information on participation in programs under this subchapter.
  • 20 U.S.C. § 1092d(a)(1)
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    (1) The Attorney General and the Secretary of Education, in conjunction with the Federal Trade Commission, shall jointly submit to Congress each year a report on fraud in the offering of financial assistance for purposes of financing an education at an institution of higher education. Each report shall contain an assessment of the nature and quantity of incidents of such fraud during the one-year period ending on the date of such report.
  • 20 U.S.C. § 1092d(b)
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    (b) The Secretary of Education shall, in conjunction with the Federal Trade Commission, maintain a scholarship fraud awareness site on the Internet web site of the Department of Education. The scholarship fraud awareness site may include the following:
    (1) Appropriate materials from the Project Scholarscam awareness campaign of the Commission, including examples of common fraudulent schemes.
    (2) A list of companies and individuals who have been convicted of scholarship fraud in Federal or State court.
    (3) An Internet-based message board to provide a forum for public complaints and experiences with scholarship fraud.
    (4) An electronic comment form for individuals who have experienced scholarship fraud or have questions about scholarship fraud, with appropriate mechanisms for the transfer of comments received through such forms to the Department and the Commission.
    (5) Internet links to other sources of information on scholarship fraud, including Internet web sites of appropriate nongovernmental organizations, colleges and universities, and government agencies.
    (6) An Internet link to the Better Business Bureau in order to assist individuals in assessing the business practices of other persons and entities.
    (7) Information on means of communicating with the Federal Student Aid Information Center, including telephone and Internet contact information.
  • 20 U.S.C. § 1092e(a)
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    (a) The Secretary shall direct each guaranty agency with which the Secretary has an agreement under section 1078(c) of this title to provide to the Secretary the information necessary for the development of Internet web links and access for students and families to a comprehensive listing of the postsecondary education opportunities, programs, publications, Internet web sites, and other services available in the States for which such agency serves as the designated guarantor.
  • 20 U.S.C. § 1092e(b)(1)
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    (1) Each guaranty agency with which the Secretary has an agreement under section 1078(c) of this title shall develop a plan, and undertake the activity necessary, to gather the information required under subsection (a) and to make such information available to the public and to the Secretary in a form and manner as prescribed by the Secretary.
  • 20 U.S.C. § 1092e(c)(1)
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    (1) The Secretary shall ensure the availability of the information provided, by the guaranty agencies in accordance with this section, to students, parents, and other interested individuals, through Internet web links or other methods prescribed by the Secretary.
  • 20 U.S.C. § 1092e(c)(3)
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    (3) Not later than 270 days after February 8, 2006, the Secretary and guaranty agencies shall publicize the availability of the information required by this section, with special emphasis on ensuring that populations that are traditionally underrepresented in postsecondary education are made aware of the availability of such information.
  • 20 U.S.C. § 1092f(a)
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    (a) The Secretary shall implement early outreach activities in order to provide prospective students and their families with information about financial aid and estimates of financial aid. Such early outreach activities shall include the activities described in subsections (b), (c), and (d).
  • 20 U.S.C. § 1092f(b)(1)
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    (1) The Secretary shall produce a consumer-tested method of estimating student eligibility for Federal Pell Grants under section 1070a(b) of this title utilizing the variables of family size and adjusted gross income, presented in electronic format. There shall be a method for students to indicate whether they are, or will be in—
    (A) a single-parent household;
    (B) a household with two parents; or
    (C) a household with no children or dependents.
  • 20 U.S.C. § 1092f(b)(3)(B)
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    (B) actively shared by the Secretary with—
    (i) institutions of higher education participating in programs under this subchapter;
    (ii) all middle and secondary schools eligible for funds under part A of title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311 et seq.];
    (iii) local educational agencies and middle schools and high schools that serve students not less than 25 percent of whom meet a measure of poverty as described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6313(a)(5)]; and
    (iv) agencies responsible for administering means-tested Federal benefit programs, as defined in section 1087ss(b)(4)(H) of this title.
  • 20 U.S.C. § 1092f(b)(4)
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    (4) In accordance with subsection (d)(5) of section 1090 of this title, the Secretary shall maintain an electronic method for applicants to enter income and family size, and level of education sought information to calculate a non-binding estimate (which may include a range, ceiling, or minimum) of the applicant’s Federal financial aid available under this subchapter and shall place such calculator on a prominent location on the FAFSA website and in a manner that encourages students to fill out the FAFSA.
  • 20 U.S.C. § 1092f(c)
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    (c) The Secretary shall establish and implement early awareness and outreach plans to provide early information about the availability of Federal financial aid and estimates of prospective students’ eligibility for Federal financial aid as well as to promote the attainment of postsecondary education specifically among prospective first-generation students and families as well as low-income individuals and families, as follows:
    (A) The Secretary shall develop plans for each population described in this subparagraph to disseminate information about the availability of Federal financial aid under this subchapter, in addition to and in coordination with the distribution of the method of estimating eligibility under subsection (b), to—
    (i) all middle schools and secondary schools eligible for funds under part A of title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311 et seq.];
    (ii) local educational agencies and middle schools and high schools that serve students not less than 25 percent of whom meet a measure of poverty as described in section 1113(a)(5) of the Elementary and Secondary Education Act [20 U.S.C. 6313(a)(5)];
    (iii) households receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); and
    (iv) agencies responsible for administering means-tested Federal benefit programs, as defined in section 1087ss(b)(4)(H) of this title.
    (B) The plans described in paragraph (A) shall—
    (i) provide students and their families with information on—
    (I) the availability of the College Scorecard or any similar successor website;
    (II) the electronic estimates of financial aid available under subsection (b);
    (III) Federal financial aid available to students, including eligibility criteria for the Federal financial aid and an explanation of the Federal financial aid programs (including applicable Federal educational tax credits); and
    (IV) resources that can inform students of financial aid that may be available from state-based financial aid, state-based college savings programs, and scholarships and other non-governmental sources;
    (ii) describe how the dissemination of information will be conducted by the Secretary.
    (C) The Secretary shall post the information about the plans under subparagraph (A) and associated goals publicly on the Department’s website. On an annual basis, the Secretary shall report qualitative and quantitative outcomes regarding the implementation of the plans under subparagraph (A). The Secretary shall review and update such plans not less often than every 4 award years with the goal of progressively increasing the impact of the activities under this paragraph.
    (D) The Secretary may partner with States, State systems of higher education, institutions of higher education, or college access organizations to carry out this paragraph.
    (A) The Secretary shall develop interagency coordination plans in order to inform more students and families, including low-income individuals or families and recipients of means-tested Federal benefits, about the availability of Federal financial aid under this subchapter through participation in existing Federal programs or tax benefits that serve low-income individuals or families, in coordination with the following Secretaries:
    (i) The Secretary of the Treasury.
    (ii) The Secretary of Labor.
    (iii) The Secretary of Health and Human Services.
    (iv) The Secretary of Agriculture.
    (v) The Secretary of Housing and Urban Development.
    (vi) The Secretary of Commerce.
    (vii) The Secretary of Veterans Affairs.
    (viii) The Secretary of the Interior.
    (B) Each interagency coordination plan under subparagraph (A) shall—
    (i) identify opportunities in which low-income individuals and families could be informed of the availability of Federal financial aid under this subchapter through access to other Federal programs that serve low-income individuals and families;
    (ii) identify methods to effectively inform low-income individuals and families of the availability of Federal financial aid for postsecondary education under this subchapter and assist such individuals in completing the Free Application for Federal Student Aid;
    (iii) develop early awareness and FAFSA completion activities that align with the opportunities and methods identified under clauses (i) and (ii);
    (iv) establish goals regarding the effects of the activities to be implemented under clause (iii); and
    (v) provide information on how students and families can maintain access to Federal programs that serve low-income individuals and families operated by the agencies identified under subsection (A) while attending an institution of higher education.
    (C) The interagency coordination plan under subparagraph (A)(i) between the Secretary and the Secretary of the Treasury shall further include specific methods to increase the application for Federal financial aid under this subchapter from individuals who file Federal tax returns, including collaboration with tax preparation entities or other third parties, as appropriate.
    (D) The Secretary shall post the information about the interagency coordination plans under this paragraph and associated goals publicly on the Department’s website. The plans shall have the goal of progressively increasing the impact of the activities under this paragraph by increasing the number of low-income applicants for, and recipients of, Federal financial aid. The plans shall be updated not less than once every 4 years.
    (A) The Secretary shall solicit voluntary public commitments from entities, such as States, State systems of higher education, institutions of higher education, and other interested organizations, to carry out early awareness plans, which shall include goals, to—
    (i) notify prospective and existing students who are low-income individuals and families about their eligibility for Federal aid under this subchapter, as well as State-based financial aid, if applicable, on an annual basis;
    (ii) increase the number of prospective and current students who are low-income individuals and families filing the Free Application for Federal Student Aid; and
    (iii) increase the number of prospective and current students who are low-income individuals and families enrolling in postsecondary education.
    (B) Each entity that makes a voluntary public commitment to carry out an early awareness plan may submit quantitative and qualitative data based on the entity’s progress toward the goals of the plan annually prior to a date selected by the Secretary.
    (C) Based on data submitted by entities, the Secretary shall select and designate entities submitting public commitments, plans, and goals, as Early Awareness Champions on an annual basis. Those entities designated as Early Awareness Champions shall provide one or more case studies regarding the activities the entity undertook under this paragraph which shall be made public by the Secretary on the Department of Education website to promote best practices.
  • 20 U.S.C. § 1092f(c)(1)(A)
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    (A) The Secretary shall develop plans for each population described in this subparagraph to disseminate information about the availability of Federal financial aid under this subchapter, in addition to and in coordination with the distribution of the method of estimating eligibility under subsection (b), to—
    (i) all middle schools and secondary schools eligible for funds under part A of title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311 et seq.];
    (ii) local educational agencies and middle schools and high schools that serve students not less than 25 percent of whom meet a measure of poverty as described in section 1113(a)(5) of the Elementary and Secondary Education Act [20 U.S.C. 6313(a)(5)];
    (iii) households receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); and
    (iv) agencies responsible for administering means-tested Federal benefit programs, as defined in section 1087ss(b)(4)(H) of this title.
  • 20 U.S.C. § 1092f(c)(1)(B)(ii)
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    (ii) describe how the dissemination of information will be conducted by the Secretary.
  • 20 U.S.C. § 1092f(c)(1)(C)
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    (C) The Secretary shall post the information about the plans under subparagraph (A) and associated goals publicly on the Department’s website. On an annual basis, the Secretary shall report qualitative and quantitative outcomes regarding the implementation of the plans under subparagraph (A). The Secretary shall review and update such plans not less often than every 4 award years with the goal of progressively increasing the impact of the activities under this paragraph.
  • 20 U.S.C. § 1092f(c)(1)(D)
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    (D) The Secretary may partner with States, State systems of higher education, institutions of higher education, or college access organizations to carry out this paragraph.
  • 20 U.S.C. § 1092f(c)(2)(A)
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    (A) The Secretary shall develop interagency coordination plans in order to inform more students and families, including low-income individuals or families and recipients of means-tested Federal benefits, about the availability of Federal financial aid under this subchapter through participation in existing Federal programs or tax benefits that serve low-income individuals or families, in coordination with the following Secretaries:
    (i) The Secretary of the Treasury.
    (ii) The Secretary of Labor.
    (iii) The Secretary of Health and Human Services.
    (iv) The Secretary of Agriculture.
    (v) The Secretary of Housing and Urban Development.
    (vi) The Secretary of Commerce.
    (vii) The Secretary of Veterans Affairs.
    (viii) The Secretary of the Interior.
  • 20 U.S.C. § 1092f(c)(2)(A)(i)
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    (i) The Secretary of the Treasury.
  • 20 U.S.C. § 1092f(c)(2)(A)(ii)
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    (ii) The Secretary of Labor.
  • 20 U.S.C. § 1092f(c)(2)(A)(iii)
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    (iii) The Secretary of Health and Human Services.
  • 20 U.S.C. § 1092f(c)(2)(A)(iv)
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    (iv) The Secretary of Agriculture.
  • 20 U.S.C. § 1092f(c)(2)(A)(v)
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    (v) The Secretary of Housing and Urban Development.
  • 20 U.S.C. § 1092f(c)(2)(A)(vi)
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    (vi) The Secretary of Commerce.
  • 20 U.S.C. § 1092f(c)(2)(A)(vii)
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    (vii) The Secretary of Veterans Affairs.
  • 20 U.S.C. § 1092f(c)(2)(A)(viii)
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    (viii) The Secretary of the Interior.
  • 20 U.S.C. § 1092f(c)(2)(C)
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    (C) The interagency coordination plan under subparagraph (A)(i) between the Secretary and the Secretary of the Treasury shall further include specific methods to increase the application for Federal financial aid under this subchapter from individuals who file Federal tax returns, including collaboration with tax preparation entities or other third parties, as appropriate.
  • 20 U.S.C. § 1092f(c)(2)(D)
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    (D) The Secretary shall post the information about the interagency coordination plans under this paragraph and associated goals publicly on the Department’s website. The plans shall have the goal of progressively increasing the impact of the activities under this paragraph by increasing the number of low-income applicants for, and recipients of, Federal financial aid. The plans shall be updated not less than once every 4 years.
  • 20 U.S.C. § 1092f(c)(3)(A)
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    (A) The Secretary shall solicit voluntary public commitments from entities, such as States, State systems of higher education, institutions of higher education, and other interested organizations, to carry out early awareness plans, which shall include goals, to—
    (i) notify prospective and existing students who are low-income individuals and families about their eligibility for Federal aid under this subchapter, as well as State-based financial aid, if applicable, on an annual basis;
    (ii) increase the number of prospective and current students who are low-income individuals and families filing the Free Application for Federal Student Aid; and
    (iii) increase the number of prospective and current students who are low-income individuals and families enrolling in postsecondary education.
  • 20 U.S.C. § 1092f(c)(3)(B)
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    (B) Each entity that makes a voluntary public commitment to carry out an early awareness plan may submit quantitative and qualitative data based on the entity’s progress toward the goals of the plan annually prior to a date selected by the Secretary.
  • 20 U.S.C. § 1092f(c)(3)(C)
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    (C) Based on data submitted by entities, the Secretary shall select and designate entities submitting public commitments, plans, and goals, as Early Awareness Champions on an annual basis. Those entities designated as Early Awareness Champions shall provide one or more case studies regarding the activities the entity undertook under this paragraph which shall be made public by the Secretary on the Department of Education website to promote best practices.
  • 20 U.S.C. § 1092f(d)(1)
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    (1) The Secretary shall develop and implement a public awareness campaign designed using current and relevant independent research regarding strategies and media platforms found to be most effective in communicating with low-income populations in order to increase national awareness regarding the availability of Federal Pell Grants and financial aid under this subchapter and, at the option of the Secretary, potential availability of state need-based financial aid.
  • 20 U.S.C. § 1092f(d)(2)
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    (2) The public awareness campaign described in paragraph (1) shall leverage the activities in subsections (b) and (c) to highlight eligibility among low-income populations. In developing and implementing the campaign, the Secretary may work in coordination with States, institutions of higher education, early intervention and outreach programs under this subchapter, other Federal agencies, agencies responsible for administering means-tested Federal benefit programs (as defined in section 1087ss(b)(4)(H) of this title), organizations involved in college access and student financial aid, secondary schools, local educational agencies, public libraries, community centers, businesses, employers, workforce investment boards, and organizations that provide services to individuals who are or were homeless, in foster care, or are disconnected youth.
  • 20 U.S.C. § 1092f(d)(3)
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    (3) The Secretary shall report on the success of the public awareness campaign described in paragraph (1) annually regarding the extent to which the public and target populations were reached using data commonly used to evaluate advertising and outreach campaigns and data regarding whether the campaign produced any increase in applicants for Federal aid under this subchapter publicly on the Department of Education website.
  • 20 U.S.C. § 1093(b)(1)
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    (1) In accordance with the provisions of subsection (d), the Secretary is authorized to select institutions of higher education, systems of such institutions, or consortia of such institutions for voluntary participation in a Distance Education Demonstration Program that provides participating institutions with the ability to offer distance education programs that do not meet all or a portion of the sections or regulations described in paragraph (2).
  • 20 U.S.C. § 1093(b)(2)
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    (2) The Secretary is authorized to waive for any institution of higher education, system of institutions of higher education, or consortium participating in a Distance Education Demonstration Program, the requirements of section 1087ll(5)1 of this title as the section relates to computer costs, sections 1088(a) and 1088(b) of this title as such sections relate to requirements for a minimum number of weeks of instruction, sections 1002(a)(3)(A), 1002(a)(3)(B), and 1091(l)(1) of this title, or one or more of the regulations prescribed under this part or part F which inhibit the operation of quality distance education programs.
  • 20 U.S.C. § 1093(b)(3)(D)
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    (D) Notwithstanding any other provision of this paragraph, Western Governors University shall be considered eligible to participate in the demonstration program authorized under this section. In addition to the waivers described in paragraph (2), the Secretary may waive the provisions of subchapter I and this part and part H of this subchapter for such university that the Secretary determines to be appropriate because of the unique characteristics of such university. In carrying out the preceding sentence, the Secretary shall ensure that adequate program integrity and accountability measures apply to such university’s participation in the demonstration program authorized under this section.
  • 20 U.S.C. § 1093(c)(1)
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    (1) Each institution, system, or consortium of institutions desiring to participate in a demonstration program under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require.
  • 20 U.S.C. § 1093(c)(2)(F)
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    (F) such other information as the Secretary may require.
  • 20 U.S.C. § 1093(d)(1)
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    (1) For the first year of the demonstration program authorized under this section, the Secretary is authorized to select for participation in the program not more than 15 institutions, systems of institutions, or consortia of institutions. For the third year of the demonstration program authorized under this section, the Secretary may select not more than 35 institutions, systems, or consortia, in addition to the institutions, systems, or consortia selected pursuant to the preceding sentence, to participate in the demonstration program if the Secretary determines that such expansion is warranted based on the evaluations conducted in accordance with subsections (f) and (g).
  • 20 U.S.C. § 1093(d)(2)
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    (2) In selecting institutions to participate in the demonstration program in the first or succeeding years of the program, the Secretary shall take into account—
    (A) the number and quality of applications received;
    (B) the Department’s capacity to oversee and monitor each institution’s participation;
    (C) an institution’s—
    (i) financial responsibility;
    (ii) administrative capability; and
    (iii) program or programs being offered via distance education; and
    (D) ensuring the participation of a diverse group of institutions with respect to size, mission, and geographic distribution.
  • 20 U.S.C. § 1093(e)
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    (e) The Secretary shall make available to the public and to the authorizing committees a list of institutions, systems or consortia selected to participate in the demonstration program authorized by this section. Such notice shall include a listing of the specific statutory and regulatory requirements being waived for each institution, system or consortium and a description of the distance education courses to be offered.
  • 20 U.S.C. § 1093(f)(1)
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    (1) The Secretary shall evaluate the demonstration programs authorized under this section on an annual basis. Such evaluations specifically shall review—
    (A) the extent to which the institution, system or consortium has met the goals set forth in its application to the Secretary, including the measures of program quality assurance;
    (B) the number and types of students participating in the programs offered, including the progress of participating students toward recognized certificates or degrees and the extent to which participation in such programs increased;
    (C) issues related to student financial assistance for distance education;
    (D) effective technologies for delivering distance education course offerings; and
    (E) the extent to which statutory or regulatory requirements not waived under the demonstration program present difficulties for students or institutions.
  • 20 U.S.C. § 1093(f)(1)(A)
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    (A) the extent to which the institution, system or consortium has met the goals set forth in its application to the Secretary, including the measures of program quality assurance;
  • 20 U.S.C. § 1093(f)(2)
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    (2) The Secretary shall review current policies and identify those policies that present impediments to the development and use of distance education and other nontraditional methods of expanding access to education.
  • 20 U.S.C. § 1093(f)(3)
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    (3) The Secretary shall provide reports to the authorizing committees on an annual basis regarding—
    (A) the demonstration programs authorized under this section; and
    (B) the number and types of students receiving assistance under this subchapter for instruction leading to a recognized certificate, as provided for in section 1091(l)(1) of this title, including the progress of such students toward recognized certificates and the degree to which participation in such programs leading to such certificates increased.
  • 20 U.S.C. § 1093(g)
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    (g) In conducting the demonstration program authorized under this section, the Secretary shall, on a continuing basis—
    (1) assure compliance of institutions, systems or consortia with the requirements of this subchapter (other than the sections and regulations that are waived under subsections (b)(2) and (b)(3)(D));
    (2) provide technical assistance;
    (3) monitor fluctuations in the student population enrolled in the participating institutions, systems or consortia; and
    (4) consult with appropriate accrediting agencies or associations and appropriate State regulatory authorities.
  • 20 U.S.C. § 1093a(b)(1)
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    (1) The Secretary shall carry out a program for States, in cooperation with public institutions of higher education, to develop, enhance, and implement comprehensive articulation agreements between or among such institutions in a State, and (to the extent practicable) across State lines, by 2010. Such articulation agreements shall be made widely and publicly available on the websites of States and such institutions. In developing, enhancing, and implementing articulation agreements, States and public institutions of higher education may employ strategies, where applicable, including—
    (A) common course numbering;
    (B) a general education core curriculum;
    (C) management systems regarding course equivalency, transfer of credit, and articulation; and
    (D) other strategies identified by the Secretary.
  • 20 U.S.C. § 1093a(b)(1)(D)
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    (D) other strategies identified by the Secretary.
  • 20 U.S.C. § 1093a(b)(2)
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    (2) The Secretary shall provide technical assistance to States and public institutions of higher education for the purposes of developing and implementing articulation agreements in accordance with this subsection.
  • 20 U.S.C. § 1093a(b)(3)
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    (3) Nothing in this subsection shall be construed to authorize the Secretary to require particular policies, procedures, or practices by institutions of higher education with respect to articulation agreements.
  • 20 U.S.C. § 1094(a)
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    (a) In order to be an eligible institution for the purposes of any program authorized under this subchapter, an institution must be an institution of higher education or an eligible institution (as that term is defined for the purpose of that program) and shall, except with respect to a program under subpart 4 of part A, enter into a program participation agreement with the Secretary. The agreement shall condition the initial and continuing eligibility of an institution to participate in a program upon compliance with the following requirements:
    (1) The institution will use funds received by it for any program under this subchapter and any interest or other earnings thereon solely for the purpose specified in and in accordance with the provision of that program.
    (2) The institution shall not charge any student a fee for processing or handling any application, form, or data required to determine the student’s eligibility for assistance under this subchapter or the amount of such assistance.
    (3) The institution will establish and maintain such administrative and fiscal procedures and records as may be necessary to ensure proper and efficient administration of funds received from the Secretary or from students under this subchapter, together with assurances that the institution will provide, upon request and in a timely fashion, information relating to the administrative capability and financial responsibility of the institution to—
    (A) the Secretary;
    (B) the appropriate guaranty agency; and
    (C) the appropriate accrediting agency or association.
    (4) The institution will comply with the provisions of subsection (c) of this section and the regulations prescribed under that subsection, relating to fiscal eligibility.
    (5) The institution will submit reports to the Secretary and, in the case of an institution participating in a program under part B or part E, to holders of loans made to the institution’s students under such parts at such times and containing such information as the Secretary may reasonably require to carry out the purpose of this subchapter.
    (6) The institution will not provide any student with any statement or certification to any lender under part B that qualifies the student for a loan or loans in excess of the amount that student is eligible to borrow in accordance with sections 1075(a), 1078(a)(2), and 1078(b)(1)(A) and (B) of this title.
    (7) The institution will comply with the requirements of section 1092 of this title.
    (8) In the case of an institution that advertises job placement rates as a means of attracting students to enroll in the institution, the institution will make available to prospective students, at or before the time of application (A) the most recent available data concerning employment statistics, graduation statistics, and any other information necessary to substantiate the truthfulness of the advertisements, and (B) relevant State licensing requirements of the State in which such institution is located for any job for which the course of instruction is designed to prepare such prospective students.
    (9) In the case of an institution participating in a program under part B or D, the institution will inform all eligible borrowers enrolled in the institution about the availability and eligibility of such borrowers for State grant assistance from the State in which the institution is located, and will inform such borrowers from another State of the source for further information concerning such assistance from that State.
    (10) The institution certifies that it has in operation a drug abuse prevention program that is determined by the institution to be accessible to any officer, employee, or student at the institution.
    (11) In the case of any institution whose students receive financial assistance pursuant to section 1091(d) of this title, the institution will make available to such students a program proven successful in assisting students in obtaining a certificate of high school equivalency.
    (12) The institution certifies that—
    (A) the institution has established a campus security policy; and
    (B) the institution has complied with the disclosure requirements of section 1092(f) of this title.
    (13) The institution will not deny any form of Federal financial aid to any student who meets the eligibility requirements of this subchapter on the grounds that the student is participating in a program of study abroad approved for credit by the institution.
    (A) The institution, in order to participate as an eligible institution under part B or D, will develop a Default Management Plan for approval by the Secretary as part of its initial application for certification as an eligible institution and will implement such Plan for two years thereafter.
    (B) Any institution of higher education which changes ownership and any eligible institution which changes its status as a parent or subordinate institution shall, in order to participate as an eligible institution under part B or D, develop a Default Management Plan for approval by the Secretary and implement such Plan for two years after its change of ownership or status.
    (C) This paragraph shall not apply in the case of an institution in which (i) neither the parent nor the subordinate institution has a cohort default rate in excess of 10 percent, and (ii) the new owner of such parent or subordinate institution does not, and has not, owned any other institution with a cohort default rate in excess of 10 percent.
    (15) The institution acknowledges the authority of the Secretary, guaranty agencies, lenders, accrediting agencies, the Secretary of Veterans Affairs, and the State agencies under subpart 1 of part H to share with each other any information pertaining to the institution’s eligibility to participate in programs under this subchapter or any information on fraud and abuse.
    (A) The institution will not knowingly employ an individual in a capacity that involves the administration of programs under this subchapter, or the receipt of program funds under this subchapter, who has been convicted of, or has pled nolo contendere or guilty to, a crime involving the acquisition, use, or expenditure of funds under this subchapter, or has been judicially determined to have committed fraud involving funds under this subchapter or contract with an institution or third party servicer that has been terminated under section 1082 of this title involving the acquisition, use, or expenditure of funds under this subchapter, or who has been judicially determined to have committed fraud involving funds under this subchapter.
    (B) The institution will not knowingly contract with or employ any individual, agency, or organization that has been, or whose officers or employees have been—
    (i) convicted of, or pled nolo contendere or guilty to, a crime involving the acquisition, use, or expenditure of funds under this subchapter; or
    (ii) judicially determined to have committed fraud involving funds under this subchapter.
    (17) The institution will complete surveys conducted as a part of the Integrated Postsecondary Education Data System (IPEDS) or any other Federal postsecondary institution data collection effort, as designated by the Secretary, in a timely manner and to the satisfaction of the Secretary.
    (18) The institution will meet the requirements established pursuant to section 1092(g) of this title.
    (19) The institution will not impose any penalty, including the assessment of late fees, the denial of access to classes, libraries, or other institutional facilities, or the requirement that the student borrow additional funds, on any student because of the student’s inability to meet his or her financial obligations to the institution as a result of the delayed disbursement of the proceeds of a loan made under this subchapter due to compliance with the provisions of this subchapter, or delays attributable to the institution.
    (20) The institution will not provide any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance, except that this paragraph shall not apply to the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance.
    (21) The institution will meet the requirements established by the Secretary and accrediting agencies or associations, and will provide evidence to the Secretary that the institution has the authority to operate within a State.
    (22) The institution will comply with the refund policy established pursuant to section 1091b of this title.
    (A) The institution, if located in a State to which section 20503(b) of title 52 does not apply, will make a good faith effort to distribute a mail voter registration form, requested and received from the State, to each student enrolled in a degree or certificate program and physically in attendance at the institution, and to make such forms widely available to students at the institution.
    (B) The institution shall request the forms from the State 120 days prior to the deadline for registering to vote within the State. If an institution has not received a sufficient quantity of forms to fulfill this section from the State within 60 days prior to the deadline for registering to vote in the State, the institution shall not be held liable for not meeting the requirements of this section during that election year.
    (C) This paragraph shall apply to general and special elections for Federal office, as defined in section 30101(3) of title 52, and to the elections for Governor or other chief executive within such State).1
    (D) The institution shall be considered in compliance with the requirements of subparagraph (A) for each student to whom the institution electronically transmits a message containing a voter registration form acceptable for use in the State in which the institution is located, or an Internet address where such a form can be downloaded, if such information is in an electronic message devoted exclusively to voter registration.
    (24) In the case of a proprietary institution of higher education (as defined in section 1002(b) of this title), such institution will derive not less than ten percent of such institution’s revenues from sources other than Federal funds that are disbursed or delivered to or on behalf of a student to be used to attend such institution (referred to in this paragraph and subsection (d) as “Federal education assistance funds”), as calculated in accordance with subsection (d)(1), or will be subject to the sanctions described in subsection (d)(2).
    (25) In the case of an institution that participates in a loan program under this subchapter, the institution will—
    (A) develop a code of conduct with respect to such loans with which the institution’s officers, employees, and agents shall comply, that—
    (i) prohibits a conflict of interest with the responsibilities of an officer, employee, or agent of an institution with respect to such loans; and
    (ii) at a minimum, includes the provisions described in subsection (e);
    (B) publish such code of conduct prominently on the institution’s website; and
    (C) administer and enforce such code by, at a minimum, requiring that all of the institution’s officers, employees, and agents with responsibilities with respect to such loans be annually informed of the provisions of the code of conduct.
    (26) The institution will, upon written request, disclose to the alleged victim of any crime of violence (as that term is defined in section 16 of title 18), or a nonforcible sex offense, the report on the results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator of such crime or offense with respect to such crime or offense. If the alleged victim of such crime or offense is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph.
    (27) In the case of an institution that has entered into a preferred lender arrangement, the institution will at least annually compile, maintain, and make available for students attending the institution, and the families of such students, a list, in print or other medium, of the specific lenders for loans made, insured, or guaranteed under this subchapter or private education loans that the institution recommends, promotes, or endorses in accordance with such preferred lender arrangement. In making such list, the institution shall comply with the requirements of subsection (h).
    (A) The institution will, upon the request of an applicant for a private education loan, provide to the applicant the form required under section 1638(e)(3) of title 15, and the information required to complete such form, to the extent the institution possesses such information.
    (B) For purposes of this paragraph, the term “private education loan” has the meaning given such term in section 1650 of title 15.
    (29) The institution certifies that the institution—
    (A) has developed plans to effectively combat the unauthorized distribution of copyrighted material, including through the use of a variety of technology-based deterrents; and
    (B) will, to the extent practicable, offer alternatives to illegal downloading or peer-to-peer distribution of intellectual property, as determined by the institution in consultation with the chief technology officer or other designated officer of the institution.
  • 20 U.S.C. § 1094(a)(3)
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    (3) The institution will establish and maintain such administrative and fiscal procedures and records as may be necessary to ensure proper and efficient administration of funds received from the Secretary or from students under this subchapter, together with assurances that the institution will provide, upon request and in a timely fashion, information relating to the administrative capability and financial responsibility of the institution to—
    (A) the Secretary;
    (B) the appropriate guaranty agency; and
    (C) the appropriate accrediting agency or association.
  • 20 U.S.C. § 1094(a)(3)(A)
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    (A) the Secretary;
  • 20 U.S.C. § 1094(a)(5)
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    (5) The institution will submit reports to the Secretary and, in the case of an institution participating in a program under part B or part E, to holders of loans made to the institution’s students under such parts at such times and containing such information as the Secretary may reasonably require to carry out the purpose of this subchapter.
  • 20 U.S.C. § 1094(a)(14)(A)
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    (A) The institution, in order to participate as an eligible institution under part B or D, will develop a Default Management Plan for approval by the Secretary as part of its initial application for certification as an eligible institution and will implement such Plan for two years thereafter.
  • 20 U.S.C. § 1094(a)(14)(B)
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    (B) Any institution of higher education which changes ownership and any eligible institution which changes its status as a parent or subordinate institution shall, in order to participate as an eligible institution under part B or D, develop a Default Management Plan for approval by the Secretary and implement such Plan for two years after its change of ownership or status.
  • 20 U.S.C. § 1094(a)(15)
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    (15) The institution acknowledges the authority of the Secretary, guaranty agencies, lenders, accrediting agencies, the Secretary of Veterans Affairs, and the State agencies under subpart 1 of part H to share with each other any information pertaining to the institution’s eligibility to participate in programs under this subchapter or any information on fraud and abuse.
  • 20 U.S.C. § 1094(a)(17)
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    (17) The institution will complete surveys conducted as a part of the Integrated Postsecondary Education Data System (IPEDS) or any other Federal postsecondary institution data collection effort, as designated by the Secretary, in a timely manner and to the satisfaction of the Secretary.
  • 20 U.S.C. § 1094(a)(21)
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    (21) The institution will meet the requirements established by the Secretary and accrediting agencies or associations, and will provide evidence to the Secretary that the institution has the authority to operate within a State.
  • 20 U.S.C. § 1094(b)(1)
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    (1) An institution that has received written notice of a final audit or program review determination and that desires to have such determination reviewed by the Secretary shall submit to the Secretary a written request for review not later than 45 days after receipt of notification of the final audit or program review determination.
  • 20 U.S.C. § 1094(b)(2)
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    (2) The Secretary shall, upon receipt of written notice under paragraph (1), arrange for a hearing and notify the institution within 30 days of receipt of such notice the date, time, and place of such hearing. Such hearing shall take place not later than 120 days from the date upon which the Secretary notifies the institution.
  • 20 U.S.C. § 1094(c)(1)
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    (1) Notwithstanding any other provisions of this subchapter, the Secretary shall prescribe such regulations as may be necessary to provide for—
    (i) except as provided in clauses (ii) and (iii), a financial audit of an eligible institution with regard to the financial condition of the institution in its entirety, and a compliance audit of such institution with regard to any funds obtained by it under this subchapter or obtained from a student or a parent who has a loan insured or guaranteed by the Secretary under this subchapter, on at least an annual basis and covering the period since the most recent audit, conducted by a qualified, independent organization or person in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Secretary and shall be available to cognizant guaranty agencies, eligible lenders, State agencies, and the appropriate State agency notifying the Secretary under subpart 1 of part H, except that the Secretary may modify the requirements of this clause with respect to institutions of higher education that are foreign institutions, and may waive such requirements with respect to a foreign institution whose students receive less than $500,000 in loans under this subchapter during the award year preceding the audit period;
    (ii) with regard to an eligible institution which is audited under chapter 75 of title 31, deeming such audit to satisfy the requirements of clause (i) for the period covered by such audit; or
    (iii) at the discretion of the Secretary, with regard to an eligible institution (other than an eligible institution described in section 1002(a)(1)(C) of this title) that has obtained less than $200,000 in funds under this subchapter during each of the 2 award years that precede the audit period and submits a letter of credit payable to the Secretary equal to not less than ½ of the annual potential liabilities of such institution as determined by the Secretary, deeming an audit conducted every 3 years to satisfy the requirements of clause (i), except for the award year immediately preceding renewal of the institution’s eligibility under section 1099c(g) of this title;
    (B) in matters not governed by specific program provisions, the establishment of reasonable standards of financial responsibility and appropriate institutional capability for the administration by an eligible institution of a program of student financial aid under this subchapter, including any matter the Secretary deems necessary to the sound administration of the financial aid programs, such as the pertinent actions of any owner, shareholder, or person exercising control over an eligible institution;
    (i) except as provided in clause (ii), a compliance audit of a third party servicer (other than with respect to the servicer’s functions as a lender if such functions are otherwise audited under this part and such audits meet the requirements of this clause), with regard to any contract with an eligible institution, guaranty agency, or lender for administering or servicing any aspect of the student assistance programs under this subchapter, at least once every year and covering the period since the most recent audit, conducted by a qualified, independent organization or person in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Secretary; or
    (ii) with regard to a third party servicer that is audited under chapter 75 of title 31, such audit shall be deemed to satisfy the requirements of clause (i) for the period covered by such audit;
    (i) a compliance audit of a secondary market with regard to its transactions involving, and its servicing and collection of, loans made under this subchapter, at least once a year and covering the period since the most recent audit, conducted by a qualified, independent organization or person in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Secretary; or
    (ii) with regard to a secondary market that is audited under chapter 75 of title 31, such audit shall be deemed to satisfy the requirements of clause (i) for the period covered by the audit;
    (E) the establishment, by each eligible institution under part B responsible for furnishing to the lender the statement required by section 1078(a)(2)(A)(i) of this title, of policies and procedures by which the latest known address and enrollment status of any student who has had a loan insured under this part and who has either formally terminated his enrollment, or failed to re-enroll on at least a half-time basis, at such institution, shall be furnished either to the holder (or if unknown, the insurer) of the note, not later than 60 days after such termination or failure to re-enroll;
    (F) the limitation, suspension, or termination of the participation in any program under this subchapter of an eligible institution, or the imposition of a civil penalty under paragraph (3)(B) whenever the Secretary has determined, after reasonable notice and opportunity for hearing, that such institution has violated or failed to carry out any provision of this subchapter, any regulation prescribed under this subchapter, or any applicable special arrangement, agreement, or limitation, except that no period of suspension under this section shall exceed 60 days unless the institution and the Secretary agree to an extension or unless limitation or termination proceedings are initiated by the Secretary within that period of time;
    (G) an emergency action against an institution, under which the Secretary shall, effective on the date on which a notice and statement of the basis of the action is mailed to the institution (by registered mail, return receipt requested), withhold funds from the institution or its students and withdraw the institution’s authority to obligate funds under any program under this subchapter, if the Secretary—
    (i) receives information, determined by the Secretary to be reliable, that the institution is violating any provision of this subchapter, any regulation prescribed under this subchapter, or any applicable special arrangement, agreement, or limitation,
    (ii) determines that immediate action is necessary to prevent misuse of Federal funds, and
    (iii) determines that the likelihood of loss outweighs the importance of the procedures prescribed under subparagraph (D) for limitation, suspension, or termination,
    except that an emergency action shall not exceed 30 days unless limitation, suspension, or termination proceedings are initiated by the Secretary against the institution within that period of time, and except that the Secretary shall provide the institution an opportunity to show cause, if it so requests, that the emergency action is unwarranted;
    (H) the limitation, suspension, or termination of the eligibility of a third party servicer to contract with any institution to administer any aspect of an institution’s student assistance program under this subchapter, or the imposition of a civil penalty under paragraph (3)(B), whenever the Secretary has determined, after reasonable notice and opportunity for a hearing, that such organization, acting on behalf of an institution, has violated or failed to carry out any provision of this subchapter, any regulation prescribed under this subchapter, or any applicable special arrangement, agreement, or limitation, except that no period of suspension under this subparagraph shall exceed 60 days unless the organization and the Secretary agree to an extension, or unless limitation or termination proceedings are initiated by the Secretary against the individual or organization within that period of time; and
    (I) an emergency action against a third party servicer that has contracted with an institution to administer any aspect of the institution’s student assistance program under this subchapter, under which the Secretary shall, effective on the date on which a notice and statement of the basis of the action is mailed to such individual or organization (by registered mail, return receipt requested), withhold funds from the individual or organization and withdraw the individual or organization’s authority to act on behalf of an institution under any program under this subchapter, if the Secretary—
    (i) receives information, determined by the Secretary to be reliable, that the individual or organization, acting on behalf of an institution, is violating any provision of this subchapter, any regulation prescribed under this subchapter, or any applicable special arrangement, agreement, or limitation,
    (ii) determines that immediate action is necessary to prevent misuse of Federal funds, and
    (iii) determines that the likelihood of loss outweighs the importance of the procedures prescribed under subparagraph (F), for limitation, suspension, or termination,
    except that an emergency action shall not exceed 30 days unless the limitation, suspension, or termination proceedings are initiated by the Secretary against the individual or organization within that period of time, and except that the Secretary shall provide the individual or organization an opportunity to show cause, if it so requests, that the emergency action is unwarranted.
  • 20 U.S.C. § 1094(c)(1)(A)(i)
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    (i) except as provided in clauses (ii) and (iii), a financial audit of an eligible institution with regard to the financial condition of the institution in its entirety, and a compliance audit of such institution with regard to any funds obtained by it under this subchapter or obtained from a student or a parent who has a loan insured or guaranteed by the Secretary under this subchapter, on at least an annual basis and covering the period since the most recent audit, conducted by a qualified, independent organization or person in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Secretary and shall be available to cognizant guaranty agencies, eligible lenders, State agencies, and the appropriate State agency notifying the Secretary under subpart 1 of part H, except that the Secretary may modify the requirements of this clause with respect to institutions of higher education that are foreign institutions, and may waive such requirements with respect to a foreign institution whose students receive less than $500,000 in loans under this subchapter during the award year preceding the audit period;
  • 20 U.S.C. § 1094(c)(1)(A)(iii)
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    (iii) at the discretion of the Secretary, with regard to an eligible institution (other than an eligible institution described in section 1002(a)(1)(C) of this title) that has obtained less than $200,000 in funds under this subchapter during each of the 2 award years that precede the audit period and submits a letter of credit payable to the Secretary equal to not less than ½ of the annual potential liabilities of such institution as determined by the Secretary, deeming an audit conducted every 3 years to satisfy the requirements of clause (i), except for the award year immediately preceding renewal of the institution’s eligibility under section 1099c(g) of this title;
  • 20 U.S.C. § 1094(c)(1)(B)
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    (B) in matters not governed by specific program provisions, the establishment of reasonable standards of financial responsibility and appropriate institutional capability for the administration by an eligible institution of a program of student financial aid under this subchapter, including any matter the Secretary deems necessary to the sound administration of the financial aid programs, such as the pertinent actions of any owner, shareholder, or person exercising control over an eligible institution;
  • 20 U.S.C. § 1094(c)(1)(C)(i)
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    (i) except as provided in clause (ii), a compliance audit of a third party servicer (other than with respect to the servicer’s functions as a lender if such functions are otherwise audited under this part and such audits meet the requirements of this clause), with regard to any contract with an eligible institution, guaranty agency, or lender for administering or servicing any aspect of the student assistance programs under this subchapter, at least once every year and covering the period since the most recent audit, conducted by a qualified, independent organization or person in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Secretary; or
  • 20 U.S.C. § 1094(c)(1)(D)(i)
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    (i) a compliance audit of a secondary market with regard to its transactions involving, and its servicing and collection of, loans made under this subchapter, at least once a year and covering the period since the most recent audit, conducted by a qualified, independent organization or person in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Secretary; or
  • 20 U.S.C. § 1094(c)(1)(F)
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    (F) the limitation, suspension, or termination of the participation in any program under this subchapter of an eligible institution, or the imposition of a civil penalty under paragraph (3)(B) whenever the Secretary has determined, after reasonable notice and opportunity for hearing, that such institution has violated or failed to carry out any provision of this subchapter, any regulation prescribed under this subchapter, or any applicable special arrangement, agreement, or limitation, except that no period of suspension under this section shall exceed 60 days unless the institution and the Secretary agree to an extension or unless limitation or termination proceedings are initiated by the Secretary within that period of time;
  • 20 U.S.C. § 1094(c)(1)(G)
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    (G) an emergency action against an institution, under which the Secretary shall, effective on the date on which a notice and statement of the basis of the action is mailed to the institution (by registered mail, return receipt requested), withhold funds from the institution or its students and withdraw the institution’s authority to obligate funds under any program under this subchapter, if the Secretary—
    (i) receives information, determined by the Secretary to be reliable, that the institution is violating any provision of this subchapter, any regulation prescribed under this subchapter, or any applicable special arrangement, agreement, or limitation,
    (ii) determines that immediate action is necessary to prevent misuse of Federal funds, and
    (iii) determines that the likelihood of loss outweighs the importance of the procedures prescribed under subparagraph (D) for limitation, suspension, or termination,
    except that an emergency action shall not exceed 30 days unless limitation, suspension, or termination proceedings are initiated by the Secretary against the institution within that period of time, and except that the Secretary shall provide the institution an opportunity to show cause, if it so requests, that the emergency action is unwarranted;
  • 20 U.S.C. § 1094(c)(1)(G)(i)
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    (i) receives information, determined by the Secretary to be reliable, that the institution is violating any provision of this subchapter, any regulation prescribed under this subchapter, or any applicable special arrangement, agreement, or limitation,
  • 20 U.S.C. § 1094(c)(1)(H)
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    (H) the limitation, suspension, or termination of the eligibility of a third party servicer to contract with any institution to administer any aspect of an institution’s student assistance program under this subchapter, or the imposition of a civil penalty under paragraph (3)(B), whenever the Secretary has determined, after reasonable notice and opportunity for a hearing, that such organization, acting on behalf of an institution, has violated or failed to carry out any provision of this subchapter, any regulation prescribed under this subchapter, or any applicable special arrangement, agreement, or limitation, except that no period of suspension under this subparagraph shall exceed 60 days unless the organization and the Secretary agree to an extension, or unless limitation or termination proceedings are initiated by the Secretary against the individual or organization within that period of time; and
  • 20 U.S.C. § 1094(c)(1)(I)
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    (I) an emergency action against a third party servicer that has contracted with an institution to administer any aspect of the institution’s student assistance program under this subchapter, under which the Secretary shall, effective on the date on which a notice and statement of the basis of the action is mailed to such individual or organization (by registered mail, return receipt requested), withhold funds from the individual or organization and withdraw the individual or organization’s authority to act on behalf of an institution under any program under this subchapter, if the Secretary—
    (i) receives information, determined by the Secretary to be reliable, that the individual or organization, acting on behalf of an institution, is violating any provision of this subchapter, any regulation prescribed under this subchapter, or any applicable special arrangement, agreement, or limitation,
    (ii) determines that immediate action is necessary to prevent misuse of Federal funds, and
    (iii) determines that the likelihood of loss outweighs the importance of the procedures prescribed under subparagraph (F), for limitation, suspension, or termination,
    except that an emergency action shall not exceed 30 days unless the limitation, suspension, or termination proceedings are initiated by the Secretary against the individual or organization within that period of time, and except that the Secretary shall provide the individual or organization an opportunity to show cause, if it so requests, that the emergency action is unwarranted.
  • 20 U.S.C. § 1094(c)(1)(I)(i)
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    (i) receives information, determined by the Secretary to be reliable, that the individual or organization, acting on behalf of an institution, is violating any provision of this subchapter, any regulation prescribed under this subchapter, or any applicable special arrangement, agreement, or limitation,
  • 20 U.S.C. § 1094(c)(2)
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    (2) If an individual who, or entity that, exercises substantial control, as determined by the Secretary in accordance with the definition of substantial control in subpart 3 of part H, over one or more institutions participating in any program under this subchapter, or, for purposes of paragraphs (1)(H) and (I), over one or more organizations that contract with an institution to administer any aspect of the institution’s student assistance program under this subchapter, is determined to have committed one or more violations of the requirements of any program under this subchapter, or has been suspended or debarred in accordance with the regulations of the Secretary, the Secretary may use such determination, suspension, or debarment as the basis for imposing an emergency action on, or limiting, suspending, or terminating, in a single proceeding, the participation of any or all institutions under the substantial control of that individual or entity.
  • 20 U.S.C. § 1094(c)(3)(A)
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    (A) Upon determination, after reasonable notice and opportunity for a hearing, that an eligible institution has engaged in substantial misrepresentation of the nature of its educational program, its financial charges, or the employability of its graduates, the Secretary may suspend or terminate the eligibility status for any or all programs under this subchapter of any otherwise eligible institution, in accordance with procedures specified in paragraph (1)(D) of this subsection, until the Secretary finds that such practices have been corrected.
  • 20 U.S.C. § 1094(c)(3)(B)(i)
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    (i) Upon determination, after reasonable notice and opportunity for a hearing, that an eligible institution—
    (I) has violated or failed to carry out any provision of this subchapter or any regulation prescribed under this subchapter; or
    (II) has engaged in substantial misrepresentation of the nature of its educational program, its financial charges, and the employability of its graduates,
    the Secretary may impose a civil penalty upon such institution of not to exceed $25,000 for each violation or misrepresentation.
  • 20 U.S.C. § 1094(c)(3)(B)(ii)
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    (ii) Any civil penalty may be compromised by the Secretary. In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the institution of higher education subject to the determination, and the gravity of the violation, failure, or misrepresentation shall be considered. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the institution charged.
  • 20 U.S.C. § 1094(c)(4)
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    (4) The Secretary shall publish a list of State agencies which the Secretary determines to be reliable authority as to the quality of public postsecondary vocational education in their respective States for the purpose of determining eligibility for all Federal student assistance programs.
  • 20 U.S.C. § 1094(c)(5)
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    (5) The Secretary shall make readily available to appropriate guaranty agencies, eligible lenders, State agencies notifying the Secretary under subpart 1 of part H, and accrediting agencies or associations the results of the audits of eligible institutions conducted pursuant to paragraph (1)(A).
  • 20 U.S.C. § 1094(c)(6)
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    (6) The Secretary is authorized to provide any information collected as a result of audits conducted under this section, together with audit information collected by guaranty agencies, to any Federal or State agency having responsibilities with respect to student financial assistance, including those referred to in subsection (a)(15) of this section.
  • 20 U.S.C. § 1094(d)(1)(B)(iii)(II)
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    (II) is accredited by an accrediting agency recognized by the Secretary; or
  • 20 U.S.C. § 1094(d)(2)(B)
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    (B) In addition to such other means of enforcing the requirements of this subchapter as may be available to the Secretary, if a proprietary institution of higher education fails to meet a requirement of subsection (a)(24) for any institutional fiscal year, then the institution’s eligibility to participate in the programs authorized by this subchapter becomes provisional for the two institutional fiscal years after the institutional fiscal year in which the institution failed to meet the requirement of subsection (a)(24), except that such provisional eligibility shall terminate—
    (i) on the expiration date of the institution’s program participation agreement under this subsection that is in effect on the date the Secretary determines that the institution failed to meet the requirement of subsection (a)(24); or
    (ii) in the case that the Secretary determines that the institution failed to meet a requirement of subsection (a)(24) for two consecutive institutional fiscal years, on the date the institution is determined ineligible in accordance with subparagraph (A).
  • 20 U.S.C. § 1094(d)(2)(B)(i)
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    (i) on the expiration date of the institution’s program participation agreement under this subsection that is in effect on the date the Secretary determines that the institution failed to meet the requirement of subsection (a)(24); or
  • 20 U.S.C. § 1094(d)(2)(B)(ii)
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    (ii) in the case that the Secretary determines that the institution failed to meet a requirement of subsection (a)(24) for two consecutive institutional fiscal years, on the date the institution is determined ineligible in accordance with subparagraph (A).
  • 20 U.S.C. § 1094(d)(3)
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    (3) The Secretary shall publicly disclose on the College Navigator website—
    (A) the identity of any proprietary institution of higher education that fails to meet a requirement of subsection (a)(24); and
    (B) the extent to which the institution failed to meet such requirement.
  • 20 U.S.C. § 1094(d)(4)
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    (4) Not later than July 1, 2009, and July 1 of each succeeding year, the Secretary shall submit to the authorizing committees a report that contains, for each proprietary institution of higher education that receives assistance under this subchapter, as provided in the audited financial statements submitted to the Secretary by each institution pursuant to the requirements of subsection (a)(24)—
    (A) the amount and percentage of such institution’s revenues received from sources under this subchapter; and
    (B) the amount and percentage of such institution’s revenues received from other sources.
  • 20 U.S.C. § 1094(e)(6)(B)(iii)
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    (iii) staffing services on a short-term, nonrecurring basis to assist the institution with financial aid-related functions during emergencies, including State-declared or federally declared natural disasters, federally declared national disasters, and other localized disasters and emergencies identified by the Secretary.
  • 20 U.S.C. § 1094(f)(1)
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    (1) In the event the Secretary initiates the limitation, suspension, or termination of the participation of an institution of higher education in any program under this subchapter under the authority of subsection (c)(1)(F) or initiates an emergency action under the authority of subsection (c)(1)(G) and its prescribed regulations, the Secretary shall require that institution to prepare a teach-out plan for submission to the institution’s accrediting agency or association in compliance with section 1099b(c)(3) of this title, the Secretary’s regulations on teach-out plans, and the standards of the institution’s accrediting agency or association.
  • 20 U.S.C. § 1094(h)(1)(B)
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    (B) ensure, through the use of the list of lender affiliates provided by the Secretary under paragraph (2), that—
    (i) there are not less than three lenders of loans made under part B that are not affiliates of each other included on the preferred lender list and, if the institution recommends, promotes, or endorses private education loans, there are not less than two lenders of private education loans that are not affiliates of each other included on the preferred lender list; and
    (ii) the preferred lender list under this paragraph—
    (I) specifically indicates, for each listed lender, whether the lender is or is not an affiliate of each other lender on the preferred lender list; and
    (II) if a lender is an affiliate of another lender on the preferred lender list, describes the details of such affiliation;
  • 20 U.S.C. § 1094(h)(1)(F)
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    (F) comply with such other requirements as the Secretary may prescribe by regulation.
  • 20 U.S.C. § 1094(h)(2)(A)
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    (A) The Secretary shall maintain and regularly update a list of lender affiliates of all eligible lenders, and shall provide such list to institutions for use in carrying out paragraph (1)(B).
  • 20 U.S.C. § 1094(h)(2)(B)
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    (B) An institution shall use the most recent list of lender affiliates provided by the Secretary under subparagraph (A) in carrying out paragraph (1)(B).
  • 20 U.S.C. § 1094(i)(2)(C)
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    (C) the Secretary determines (after notice and opportunity for a hearing) that the person directly or indirectly exercises a controlling interest over the management or policies of such other person’s education loans.
  • 20 U.S.C. § 1094(j)
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    (j) Nothing in the amendments made by the Higher Education Amendments of 1992 shall be construed to prohibit an institution from recording, at the cost of the institution, a hearing referred to in subsection (b)(2), subsection (c)(1)(D), or subparagraph (A) or (B)(i) of subsection (c)(2), of this section to create a record of the hearing, except the unavailability of a recording shall not serve to delay the completion of the proceeding. The Secretary shall allow the institution to use any reasonable means, including stenographers, of recording the hearing.
  • 20 U.S.C. § 1094a(a)(1)
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    (1) The Secretary is authorized to select institutions for voluntary participation in a Quality Assurance Program that provides participating institutions with an alternative management approach through which individual schools develop and implement their own comprehensive systems, related to processing and disbursement of student financial aid, verification of student financial aid application data, and entrance and exit interviews, thereby enhancing program integrity within the student aid delivery system.
  • 20 U.S.C. § 1094a(a)(2)
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    (2) The Quality Assurance Program authorized by this section shall be based on criteria that include demonstrated institutional performance, as determined by the Secretary, and shall take into consideration current quality assurance goals, as determined by the Secretary. The selection criteria shall ensure the participation of a diverse group of institutions of higher education with respect to size, mission, and geographical distribution.
  • 20 U.S.C. § 1094a(a)(3)
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    (3) The Secretary is authorized to waive for any institution participating in the Quality Assurance Program any regulations dealing with reporting or verification requirements in this subchapter that are addressed by the institution’s alternative management system, and may substitute such quality assurance reporting as the Secretary determines necessary to ensure accountability and compliance with the purposes of the programs under this subchapter. The Secretary shall not modify or waive any statutory requirements pursuant to this paragraph.
  • 20 U.S.C. § 1094a(a)(4)
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    (4) The Secretary is authorized to determine—
    (A) when an institution that is unable to administer the Quality Assurance Program shall be removed from such program; and
    (B) when institutions desiring to cease participation in such program will be required to complete the current award year under the requirements of the Quality Assurance Program.
  • 20 U.S.C. § 1094a(a)(5)
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    (5) The Secretary shall review and evaluate the Quality Assurance Program conducted by each participating institution and, on the basis of that evaluation, make recommendations regarding amendments to this chapter that will streamline the administration and enhance the integrity of Federal student assistance programs. Such recommendations shall be submitted to the authorizing committees.
  • 20 U.S.C. § 1094a(b)(1)
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    (1) The Secretary shall continue the voluntary participation of any experimental sites in existence as of July 1, 2007, unless the Secretary determines that such site’s participation has not been successful in carrying out the purposes of this section. Any experimental sites approved by the Secretary prior to such date that have not been successful in carrying out the purposes of this section shall be discontinued not later than June 30, 2010.
  • 20 U.S.C. § 1094a(b)(2)
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    (2) The Secretary shall review and evaluate the experience of institutions participating as experimental sites and shall, on a biennial basis, submit a report based on the review and evaluation to the authorizing committees. Such report shall include—
    (A) a list of participating institutions and the specific statutory or regulatory waivers granted to each institution;
    (B) the findings and conclusions reached regarding each of the experiments conducted; and
    (C) recommendations for amendments to improve and streamline this chapter, based on the results of the experiment.
  • 20 U.S.C. § 1094a(b)(3)(A)
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    (A) The Secretary is authorized to periodically select a limited number of additional institutions for voluntary participation as experimental sites to provide recommendations to the Secretary on the impact and effectiveness of proposed regulations or new management initiatives.
  • 20 U.S.C. § 1094a(b)(3)(B)
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    (B) The Secretary is authorized to waive, for any institution participating as an experimental site under subparagraph (A), any requirements in this subchapter, including requirements related to the award process and disbursement of student financial aid (such as innovative delivery systems for modular or compressed courses, or other innovative systems), verification of student financial aid application data, entrance and exit interviews, or other management procedures or processes as determined in the negotiated rulemaking process under section 1098a of this title, or regulations prescribed under this subchapter, that will bias the results of the experiment, except that the Secretary shall not waive any provisions with respect to award rules (other than an award rule related to an experiment in modular or compressed schedules), grant and loan maximum award amounts, and need analysis requirements unless the waiver of such provisions is authorized by another provision under this subchapter.
  • 20 U.S.C. § 1094a(b)(4)
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    (4) For the purposes of paragraph (1), the Secretary shall make a determination of success regarding an institution’s participation as an experimental site based on—
    (A) the ability of the experimental site to reduce administrative burdens to the institution, as documented in the Secretary’s biennial report under paragraph (2), without creating costs for the taxpayer; and
    (B) whether the experimental site has improved the delivery of services to, or otherwise benefitted, students.
  • 20 U.S.C. § 1094a(b)(4)(A)
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    (A) the ability of the experimental site to reduce administrative burdens to the institution, as documented in the Secretary’s biennial report under paragraph (2), without creating costs for the taxpayer; and
  • 20 U.S.C. § 1094b
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    The Secretary shall assign to each participant in subchapter IV programs, including institutions, lenders, and guaranty agencies, a single Department of Education identification number to be used to identify its participation in each of the subchapter IV programs.
  • 20 U.S.C. § 1095
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    In order to offer an arrangement of types of aid, including institutional and State aid which best fits the needs of each individual student, an institution may (1) transfer a total of 25 percent of the institutions1 allotment under section 1087bb of this title to the institution’s allotment under section 1070b–3 or 1087–52 of this title (or both); (2) transfer 25 percent of the institution’s allotment under section 1087–52 of this title to the institution’s allotment under section 1070b–3 or 1087bb of this title (or both); and (3) transfer 25 percent of the institution’s allotment under section 1070b–3 of this title to the institution’s allotment under section 1087–52 of this title. Funds transferred to an institution’s allotment under another section may be used as a part of and for the same purposes as funds allotted under that section. The Secretary shall have no control over such transfer, except as specifically authorized, except for the collection and dissemination of information.
  • 20 U.S.C. § 1095a(a)
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    (a) Notwithstanding any provision of State law, a guaranty agency, or the Secretary in the case of loans made, insured or guaranteed under this subchapter that are held by the Secretary, may garnish the disposable pay of an individual to collect the amount owed by the individual, if he or she is not currently making required repayment under a repayment agreement with the Secretary, or, in the case of a loan guaranteed under part B on which the guaranty agency received reimbursement from the Secretary under section 1078(c) of this title, with the guaranty agency holding the loan, as appropriate, provided that—
    (1) the amount deducted for any pay period may not exceed 15 percent of disposable pay, except that a greater percentage may be deducted with the written consent of the individual involved;
    (2) the individual shall be provided written notice, sent by mail to the individual’s last known address, a minimum of 30 days prior to the initiation of proceedings, from the guaranty agency or the Secretary, as appropriate, informing such individual of the nature and amount of the loan obligation to be collected, the intention of the guaranty agency or the Secretary, as appropriate, to initiate proceedings to collect the debt through deductions from pay, and an explanation of the rights of the individual under this section;
    (3) the individual shall be provided an opportunity to inspect and copy records relating to the debt;
    (4) the individual shall be provided an opportunity to enter into a written agreement with the guaranty agency or the Secretary, under terms agreeable to the Secretary, or the head of the guaranty agency or his designee, as appropriate, to establish a schedule for the repayment of the debt;
    (5) the individual shall be provided an opportunity for a hearing in accordance with subsection (b) on the determination of the Secretary or the guaranty agency, as appropriate, concerning the existence or the amount of the debt, and, in the case of an individual whose repayment schedule is established other than by a written agreement pursuant to paragraph (4), concerning the terms of the repayment schedule;
    (6) the employer shall pay to the Secretary or the guaranty agency as directed in the withholding order issued in this action, and shall be liable for, and the Secretary or the guaranty agency, as appropriate, may sue the employer in a State or Federal court of competent jurisdiction to recover, any amount that such employer fails to withhold from wages due an employee following receipt of such employer of notice of the withholding order, plus attorneys’ fees, costs, and, in the court’s discretion, punitive damages, but such employer shall not be required to vary the normal pay and disbursement cycles in order to comply with this paragraph;
    (7) if an individual has been reemployed within 12 months after having been involuntarily separated from employment, no amount may be deducted from the disposable pay of such individual until such individual has been reemployed continuously for at least 12 months; and
    (8) an employer may not discharge from employment, refuse to employ, or take disciplinary action against an individual subject to wage withholding in accordance with this section by reason of the fact that the individual’s wages have been subject to garnishment under this section, and such individual may sue in a State or Federal court of competent jurisdiction any employer who takes such action. The court shall award attorneys’ fees to a prevailing employee and, in its discretion, may order reinstatement of the individual, award punitive damages and back pay to the employee, or order such other remedy as may be reasonably necessary.
  • 20 U.S.C. § 1095a(a)(2)
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    (2) the individual shall be provided written notice, sent by mail to the individual’s last known address, a minimum of 30 days prior to the initiation of proceedings, from the guaranty agency or the Secretary, as appropriate, informing such individual of the nature and amount of the loan obligation to be collected, the intention of the guaranty agency or the Secretary, as appropriate, to initiate proceedings to collect the debt through deductions from pay, and an explanation of the rights of the individual under this section;
  • 20 U.S.C. § 1095a(a)(4)
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    (4) the individual shall be provided an opportunity to enter into a written agreement with the guaranty agency or the Secretary, under terms agreeable to the Secretary, or the head of the guaranty agency or his designee, as appropriate, to establish a schedule for the repayment of the debt;
  • 20 U.S.C. § 1095a(a)(5)
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    (5) the individual shall be provided an opportunity for a hearing in accordance with subsection (b) on the determination of the Secretary or the guaranty agency, as appropriate, concerning the existence or the amount of the debt, and, in the case of an individual whose repayment schedule is established other than by a written agreement pursuant to paragraph (4), concerning the terms of the repayment schedule;
  • 20 U.S.C. § 1095a(a)(6)
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    (6) the employer shall pay to the Secretary or the guaranty agency as directed in the withholding order issued in this action, and shall be liable for, and the Secretary or the guaranty agency, as appropriate, may sue the employer in a State or Federal court of competent jurisdiction to recover, any amount that such employer fails to withhold from wages due an employee following receipt of such employer of notice of the withholding order, plus attorneys’ fees, costs, and, in the court’s discretion, punitive damages, but such employer shall not be required to vary the normal pay and disbursement cycles in order to comply with this paragraph;
  • 20 U.S.C. § 1095a(b)
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    (b) A hearing described in subsection (a)(5) shall be provided prior to issuance of a garnishment order if the individual, on or before the 15th day following the mailing of the notice described in subsection (a)(2), and in accordance with such procedures as the Secretary or the head of the guaranty agency, as appropriate, may prescribe, files a petition requesting such a hearing. If the individual does not file a petition requesting a hearing prior to such date, the Secretary or the guaranty agency, as appropriate, shall provide the individual a hearing under subsection (a)(5) upon request, but such hearing need not be provided prior to issuance of a garnishment order. A hearing under subsection (a)(5) may not be conducted by an individual under the supervision or control of the head of the guaranty agency, except that nothing in this sentence shall be construed to prohibit the appointment of an administrative law judge. The hearing official shall issue a final decision at the earliest practicable date, but not later than 60 days after the filing of the petition requesting the hearing.
  • 20 U.S.C. § 1095a(d)
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    (d) Except as authorized in this section, notwithstanding any other provision of Federal or State law, no grant, loan, or work assistance awarded under this subchapter, or property traceable to such assistance, shall be subject to garnishment or attachment in order to satisfy any debt owed by the student awarded such assistance, other than a debt owed to the Secretary and arising under this subchapter.
  • 20 U.S.C. § 1096(a)
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    (a) From the sums appropriated for any fiscal year for the purpose of the program authorized under subpart 1 of part A of this subchapter, the Secretary shall reserve such sums as may be necessary to pay to each institution with which he has an agreement under section 1094 of this title, an amount equal to $5 for each student at that institution who receives assistance under subpart 1 of part A. In addition, an institution which has entered into an agreement with the Secretary under subpart 3 of part A or part C,1 of this subchapter or under part E of this subchapter shall be entitled for each fiscal year which such institution disburses funds to eligible students under any such part to a payment for the purpose set forth in subsection (b). The payment for a fiscal year shall be payable from each such allotment by payment in accordance with regulations of the Secretary and shall be equal to 5 percent of the institution’s first $2,750,000 of expenditures plus 4 percent of the institution’s expenditures greater than $2,750,000 and less than $5,500,000, plus 3 percent of the institution’s expenditures in excess of $5,500,000 during the fiscal year from the sum of its grants to students under subpart 3 of part A, its expenditures during such fiscal year under part C for compensation of students, and the principal amount of loans made during such fiscal year from its student loan fund established under part E, excluding the principal amount of any such loans which the institution has referred under section 1087cc(a)(4)(B) of this title. In addition, the Secretary shall provide for payment to each institution of higher education an amount equal to 100 percent of the costs incurred by the institution in implementing and operating the immigration status verification system under section 1091(g) of this title.
  • 20 U.S.C. § 1097a(a)
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    (a) To assist the Secretary in the conduct of investigations of possible violations of the provisions of this subchapter, the Secretary is authorized to require by subpoena the production of information, documents, reports, answers, records, accounts, papers, and other documentary evidence pertaining to participation in any program under this subchapter. The production of any such records may be required from any place in a State.
  • 20 U.S.C. § 1097a(b)
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    (b) In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Secretary may request the Attorney General to invoke the aid of any court of the United States where such person resides or transacts business for a court order for the enforcement of this section.
  • 20 U.S.C. § 1098(a)(1)
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    (1) There is established in the Department an independent Advisory Committee on Student Financial Assistance (hereafter in this section referred to as the “Advisory Committee”) which shall provide advice and counsel to the authorizing committees and to the Secretary on student financial aid matters.
  • 20 U.S.C. § 1098(b)
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    (b) In the exercise of its functions, powers, and duties, the Advisory Committee shall be independent of the Secretary and the other offices and officers of the Department. Notwithstanding Department of Education policies and regulations, the Advisory Committee shall exert independent control of its budget allocations, expenditures and staffing levels, personnel decisions and processes, procurements, and other administrative and management functions. The Advisory Committee’s administration and management shall be subject to the usual and customary Federal audit procedures. Reports, publications, and other documents of the Advisory Committee, including such reports, publications, and documents in electronic form, shall not be subject to review by the Secretary. The recommendations of the Committee shall not be subject to review or approval by any officer in the executive branch, but may be submitted to the Secretary for comment prior to submission to the authorizing committees in accordance with subsection (f). The Secretary’s authority to terminate advisory committees of the Department pursuant to section 1233g(b)1 of this title ceased to be effective on June 23, 1983.
  • 20 U.S.C. § 1098(c)(1)(C)
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    (C) Three members shall be appointed by the Secretary, of whom at least one member shall be a student.
  • 20 U.S.C. § 1098(d)(6)
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    (6) recommend to the authorizing committees and to the Secretary such studies, surveys, and analyses of student financial assistance programs, policies, and practices, including the special needs of low-income, disadvantaged, and nontraditional students, and the means by which the needs may be met;
  • 20 U.S.C. § 1098(e)(1)
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    (1) Each member of the Advisory Committee shall be appointed for a term of 4 years, except that, of the members first appointed—
    (A) 4 shall be appointed for a term of 1 year;
    (B) 4 shall be appointed for a term of 2 years; and
    (C) 3 shall be appointed for a term of 3 years,
    as designated at the time of appointment by the Secretary.
  • 20 U.S.C. § 1098(h)(1)
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    (1) The Advisory Committee may appoint such personnel as may be determined necessary by the Chairman without regard to the provisions of title 5 governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but no individual so appointed shall be paid in excess of the rate authorized for GS–18 of the General Schedule. The Advisory Committee may appoint not more than 1 full-time equivalent, nonpermanent, consultant without regard to the provisions of title 5. The Advisory Committee shall not be required by the Secretary to reduce personnel to meet agency personnel reduction goals.
  • 20 U.S.C. § 1098(l)(1)
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    (1) The Advisory Committee shall make recommendations to the Secretary and the authorizing committees for consideration of future legislative action regarding redundant or outdated regulations consistent with the Secretary’s requirements under section 1099c–2 of this title.
  • 20 U.S.C. § 1098(l)(3)(A)
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    (A) In carrying out the review, analysis, and development of the website required under paragraph (2), the Advisory Committee shall consult with the Secretary, other Federal agencies, relevant representatives of institutions of higher education, individuals who have expertise and experience with Federal regulations, and the review panels described in subparagraph (B).
  • 20 U.S.C. § 1098(l)(4)(A)
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    (A) submit, not later than two years after the completion of the negotiated rulemaking process required under section 1098a of this title resulting from the amendments to this chapter made by the Higher Education Opportunity Act, a report to the authorizing committees and the Secretary detailing the review panels’ findings and recommendations with respect to the review of regulations; and
  • 20 U.S.C. § 1098(l)(5)
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    (5) The Secretary and the Inspector General of the Department shall provide such assistance and resources to the Advisory Committee as the Secretary and Inspector General determine are necessary to conduct the review and analysis required by this subsection.
  • 20 U.S.C. § 1098(m)(5)(A)
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    (A) The Advisory Committee shall prepare and submit to the authorizing committees and the Secretary an interim report, not later than one year after August 14, 2008, describing the progress made in conducting the study required by this subsection and any preliminary findings on the topics identified under paragraph (2).
  • 20 U.S.C. § 1098(m)(5)(B)
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    (B) The Advisory Committee shall, not later than three years after August 14, 2008, prepare and submit to the authorizing committees and the Secretary a final report on the study, including recommendations for legislative, regulatory, and administrative changes based on findings related to the topics identified under paragraph (2).
  • 20 U.S.C. § 1098a(a)(1)
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    (1) The Secretary shall obtain public involvement in the development of proposed regulations for this subchapter. The Secretary shall obtain the advice of and recommendations from individuals and representatives of the groups involved in student financial assistance programs under this subchapter, such as students, legal assistance organizations that represent students, institutions of higher education, State student grant agencies, guaranty agencies, lenders, secondary markets, loan servicers, guaranty agency servicers, and collection agencies.
  • 20 U.S.C. § 1098a(a)(2)
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    (2) The Secretary shall provide for a comprehensive discussion and exchange of information concerning the implementation of this subchapter through such mechanisms as regional meetings and electronic exchanges of information. The Secretary shall take into account the information received through such mechanisms in the development of proposed regulations and shall publish a summary of such information in the Federal Register together with such proposed regulations.
  • 20 U.S.C. § 1098a(b)(1)
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    (1) After obtaining the advice and recommendations described in subsection (a)(1) and before publishing proposed regulations in the Federal Register, the Secretary shall prepare draft regulations implementing this subchapter and shall submit such regulations to a negotiated rulemaking process. Participants in the negotiations process shall be chosen by the Secretary from individuals nominated by groups described in subsection (a)(1), and shall include both representatives of such groups from Washington, D.C., and industry participants. The Secretary shall select individuals with demonstrated expertise or experience in the relevant subjects under negotiation, reflecting the diversity in the industry, representing both large and small participants, as well as individuals serving local areas and national markets. The negotiation process shall be conducted in a timely manner in order that the final regulations may be issued by the Secretary within the 360-day period described in section 1232(e) of this title.
  • 20 U.S.C. § 1098a(b)(2)
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    (2) All regulations pertaining to this subchapter that are promulgated after October 7, 1998, shall be subject to a negotiated rulemaking (including the selection of the issues to be negotiated), unless the Secretary determines that applying such a requirement with respect to given regulations is impracticable, unnecessary, or contrary to the public interest (within the meaning of section 553(b)(3)(B) of title 5), and publishes the basis for such determination in the Federal Register at the same time as the proposed regulations in question are first published. All published proposed regulations shall conform to agreements resulting from such negotiated rulemaking unless the Secretary reopens the negotiated rulemaking process or provides a written explanation to the participants in that process why the Secretary has decided to depart from such agreements. Such negotiated rulemaking shall be conducted in accordance with the provisions of paragraph (1), and the Secretary shall ensure that a clear and reliable record of agreements reached during the negotiations process is maintained.
  • 20 U.S.C. § 1098a(d)
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    (d) There are authorized to be appropriated in any fiscal year or made available from funds appropriated to carry out this part in any fiscal year such sums as may be necessary to carry out the provisions of this section, except that if no funds are appropriated pursuant to this subsection, the Secretary shall make funds available to carry out this section from amounts appropriated for the operations and expenses of the Department of Education.
  • 20 U.S.C. § 1098bb(a)(1)
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    (1) Notwithstanding any other provision of law, unless enacted with specific reference to this section, the Secretary of Education (referred to in this part as the “Secretary”) may waive or modify any statutory or regulatory provision applicable to the student financial assistance programs under title IV of the Act [20 U.S.C. 1070 et seq.] as the Secretary deems necessary in connection with a war or other military operation or national emergency to provide the waivers or modifications authorized by paragraph (2).
  • 20 U.S.C. § 1098bb(a)(2)
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    (2) The Secretary is authorized to waive or modify any provision described in paragraph (1) as may be necessary to ensure that—
    (A) recipients of student financial assistance under title IV of the Act who are affected individuals are not placed in a worse position financially in relation to that financial assistance because of their status as affected individuals;
    (B) administrative requirements placed on affected individuals who are recipients of student financial assistance are minimized, to the extent possible without impairing the integrity of the student financial assistance programs, to ease the burden on such students and avoid inadvertent, technical violations or defaults;
    (C) the calculation of “annual adjusted family income” and “available income”, as used in the determination of need for student financial assistance under title IV of the Act for any such affected individual (and the determination of such need for his or her spouse and dependents, if applicable), may be modified to mean the sums received in the first calendar year of the award year for which such determination is made, in order to reflect more accurately the financial condition of such affected individual and his or her family;
    (D) the calculation under section 484B(b)(2) of the Act (20 U.S.C. 1091b(b)(2)) of the amount a student is required to return in the case of an affected individual may be modified so that no overpayment will be required to be returned or repaid if the institution has documented (i) the student’s status as an affected individual in the student’s file, and (ii) the amount of any overpayment discharged; and
    (E) institutions of higher education, eligible lenders, guaranty agencies, and other entities participating in the student assistance programs under title IV of the Act that are located in areas that are declared disaster areas by any Federal, State or local official in connection with a national emergency, or whose operations are significantly affected by such a disaster, may be granted temporary relief from requirements that are rendered infeasible or unreasonable by a national emergency, including due diligence requirements and reporting deadlines.
  • 20 U.S.C. § 1098bb(b)(1)
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    (1) Notwithstanding section 1232 of this title and section 553 of title 5, the Secretary shall, by notice in the Federal Register, publish the waivers or modifications of statutory and regulatory provisions the Secretary deems necessary to achieve the purposes of this section.
  • 20 U.S.C. § 1098bb(b)(3)
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    (3) The Secretary is not required to exercise the waiver or modification authority under this section on a case-by-case basis.
  • 20 U.S.C. § 1098bb(c)
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    (c) The Secretary shall, not later than 15 months after first exercising any authority to issue a waiver or modification under subsection (a), report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate on the impact of any waivers or modifications issued pursuant to subsection (a) on affected individuals and the programs under title IV of the Act [20 U.S.C. 1070 et seq.], and the basis for such determination, and include in such report the Secretary’s recommendations for changes to the statutory or regulatory provisions that were the subject of such waiver or modification.
  • 20 U.S.C. § 1098d
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    The Secretary, in consultation with the Secretary of Veterans Affairs, shall develop and implement a procedure to permit Department of Veterans Affairs physicians to provide the certifications and affidavits needed to enable disabled veterans enrolled in the Department of Veterans Affairs health care system to document such veterans’ eligibility for deferments or cancellations of student loans made, insured, or guaranteed under this subchapter. Not later than 6 months after October 7, 1998, the Secretary and the Secretary of Veterans Affairs jointly shall report to Congress on the progress made in developing and implementing the procedure.
  • 20 U.S.C. § 1098e(b)
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    (b) Notwithstanding any other provision of this chapter, the Secretary shall carry out a program under which—
    (1) a borrower of any loan made, insured, or guaranteed under part B or D (other than an excepted PLUS loan or excepted consolidation loan), may elect to have the borrower’s aggregate monthly payment for all such loans not exceed the applicable amount divided by 12;
    (2) the holder of such a loan shall apply the borrower’s monthly payment under this subsection first toward interest due on the loan, next toward any fees due on the loan, and then toward the principal of the loan;
    (3) any interest due and not paid under paragraph (2)—
    (A) shall, on subsidized loans, be paid by the Secretary for a period of not more than 3 years after the date of the borrower’s election under paragraph (1), except that such period shall not include any period during which the borrower is in deferment due to an economic hardship described in section 1085(o) of this title; and
    (B) be capitalized—
    (i) in the case of a subsidized loan, subject to subparagraph (A), at the time the borrower—
    (I) ends the election to make income-based repayment under this subsection; or
    (II) begins making payments of not less than the amount specified in paragraph (6)(A); or
    (ii) in the case of an unsubsidized loan, at the time the borrower—
    (I) ends the election to make income-based repayment under this subsection; or
    (II) begins making payments of not less than the amount specified in paragraph (6)(A);
    (4) any principal due and not paid under paragraph (2) shall be deferred;
    (5) the amount of time the borrower makes monthly payments under paragraph (1) may exceed 10 years;
    (6) if the monthly payment amount calculated under this section for all loans made to the borrower under part B or D (other than an excepted PLUS loan or excepted consolidation loan) exceeds the monthly amount calculated under section 1078(b)(9)(A)(i) of this title or 1087e(d)(1)(A) of this title, based on a 10-year repayment period, when the borrower first made the election described in this subsection (referred to in this paragraph as the “standard monthly repayment amount”), or if the borrower no longer wishes to continue the election under this subsection, then—
    (A) the maximum monthly payment required to be paid for all loans made to the borrower under part B or D (other than an excepted PLUS loan or excepted consolidation loan) shall be the standard monthly repayment amount; and
    (B) the amount of time the borrower is permitted to repay such loans may exceed 10 years;
    (7) the Secretary shall repay or cancel any outstanding balance of principal and interest due on all loans made under part B or D (other than a loan under section 1078–2 of this title or a Federal Direct PLUS Loan) to a borrower who—
    (A) at any time, elected to participate in income-based repayment under paragraph (1); and
    (B) for a period of time prescribed by the Secretary, not to exceed 25 years, meets 1 or more of the following requirements—
    (i) has made reduced monthly payments under paragraph (1) or paragraph (6);
    (ii) has made monthly payments of not less than the monthly amount calculated under section 1078(b)(9)(A)(i) or 1087e(d)(1)(A) of this title, based on a 10-year repayment period, when the borrower first made the election described in this subsection;
    (iii) has made payments of not less than the payments required under a standard repayment plan under section 1078(b)(9)(A)(i) or 1087e(d)(1)(A) of this title with a repayment period of 10 years;
    (iv) has made payments under an income-contingent repayment plan under section 1087e(d)(1)(D) of this title (as such section was in effect on the day before the date of the repeal of section 1087e(e) of this title; or
    (v) has been in deferment due to an economic hardship described in section 1085(o) of this title;
    (8) a borrower who is repaying a loan made under part B or D pursuant to income-based repayment may elect, at any time, to terminate repayment pursuant to income-based repayment and repay such loan under the standard repayment plan or the Repayment Assistance Program under section 1087e(q) of this title; and
    (9) the special allowance payment to a lender calculated under section 1087–1(b)(2)(I) of this title, when calculated for a loan in repayment under this section, shall be calculated on the principal balance of the loan and on any accrued interest unpaid by the borrower in accordance with this section.
  • 20 U.S.C. § 1098e(b)(3)(A)
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    (A) shall, on subsidized loans, be paid by the Secretary for a period of not more than 3 years after the date of the borrower’s election under paragraph (1), except that such period shall not include any period during which the borrower is in deferment due to an economic hardship described in section 1085(o) of this title; and
  • 20 U.S.C. § 1098e(b)(7)
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    (7) the Secretary shall repay or cancel any outstanding balance of principal and interest due on all loans made under part B or D (other than a loan under section 1078–2 of this title or a Federal Direct PLUS Loan) to a borrower who—
    (A) at any time, elected to participate in income-based repayment under paragraph (1); and
    (B) for a period of time prescribed by the Secretary, not to exceed 25 years, meets 1 or more of the following requirements—
    (i) has made reduced monthly payments under paragraph (1) or paragraph (6);
    (ii) has made monthly payments of not less than the monthly amount calculated under section 1078(b)(9)(A)(i) or 1087e(d)(1)(A) of this title, based on a 10-year repayment period, when the borrower first made the election described in this subsection;
    (iii) has made payments of not less than the payments required under a standard repayment plan under section 1078(b)(9)(A)(i) or 1087e(d)(1)(A) of this title with a repayment period of 10 years;
    (iv) has made payments under an income-contingent repayment plan under section 1087e(d)(1)(D) of this title (as such section was in effect on the day before the date of the repeal of section 1087e(e) of this title; or
    (v) has been in deferment due to an economic hardship described in section 1085(o) of this title;
  • 20 U.S.C. § 1098e(b)(7)(B)
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    (B) for a period of time prescribed by the Secretary, not to exceed 25 years, meets 1 or more of the following requirements—
    (i) has made reduced monthly payments under paragraph (1) or paragraph (6);
    (ii) has made monthly payments of not less than the monthly amount calculated under section 1078(b)(9)(A)(i) or 1087e(d)(1)(A) of this title, based on a 10-year repayment period, when the borrower first made the election described in this subsection;
    (iii) has made payments of not less than the payments required under a standard repayment plan under section 1078(b)(9)(A)(i) or 1087e(d)(1)(A) of this title with a repayment period of 10 years;
    (iv) has made payments under an income-contingent repayment plan under section 1087e(d)(1)(D) of this title (as such section was in effect on the day before the date of the repeal of section 1087e(e) of this title; or
    (v) has been in deferment due to an economic hardship described in section 1085(o) of this title;
  • 20 U.S.C. § 1098e(c)(1)
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    (1) The Secretary shall establish procedures for annually determining, in accordance with paragraph (2), the borrower’s eligibility for income-based repayment, including the verification of a borrower’s annual income and the annual amount due on the total amount of loans made, insured, or guaranteed under part B or D (other than an excepted PLUS loan or excepted consolidation loan), and such other procedures as are necessary to effectively implement income-based repayment under this section. The Secretary shall consider, but is not limited to, the procedures established in accordance with section 1087e(e)(1) of this title (as in effect on the day before the date of repeal of subsection (e) of section 1087e of this title) or in connection with income sensitive repayment schedules under section 1078(b)(9)(A)(iii) of this title or 1078–3(b)(1)(E) of this title.
  • 20 U.S.C. § 1098e(c)(2)(A)
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    (A) The Secretary shall establish and implement, with respect to any borrower enrolled in an income-based repayment program under this section or under section 1087e(q) of this title, procedures to—
    (i) use return information disclosed under section 6103(l)(13) of title 26, pursuant to approval provided under section 1098h of this title, to determine the repayment obligation of the borrower without further action by the borrower;
    (ii) allow the borrower (or the spouse of the borrower), at any time, to opt out of disclosure under such section 6103(l)(13) and instead provide such information as the Secretary may require to determine the repayment obligation of the borrower (or withdraw from the repayment plan under this section or under section 1087e(q) of this title, as the case may be); and
    (iii) provide the borrower with an opportunity to update the return information so disclosed before the determination of the repayment obligation of the borrower.
  • 20 U.S.C. § 1098e(c)(2)(A)(ii)
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    (ii) allow the borrower (or the spouse of the borrower), at any time, to opt out of disclosure under such section 6103(l)(13) and instead provide such information as the Secretary may require to determine the repayment obligation of the borrower (or withdraw from the repayment plan under this section or under section 1087e(q) of this title, as the case may be); and
  • 20 U.S.C. § 1098e(c)(2)(B)
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    (B) Subparagraph (A) shall apply to each borrower of a loan eligible to be repaid under this section or under section 1087e(q) of this title, who, on or after the date on which the Secretary establishes procedures under such subparagraph (A)—
    (i) selects, or is required to repay such loan pursuant to, an income-based repayment plan under this section or under section 1087e(q) of this title; or
    (ii) recertifies income or family size under such plan.
  • 20 U.S.C. § 1098e(d)
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    (d) In the case of a married borrower who files a separate Federal income tax return, the Secretary shall calculate the amount of the borrower’s income-based repayment under this section solely on the basis of the borrower’s student loan debt and adjusted gross income.
  • 20 U.S.C. § 1098ee(2)(D)
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    (D) suffered direct economic hardship as a direct result of a war or other military operation or national emergency, as determined by the Secretary.
  • 20 U.S.C. § 1098ee(6)
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    (6) The term “qualifying National Guard duty during a war or other military operation or national emergency” means service as a member of the National Guard on full-time National Guard duty (as defined in section 101(d)(5) of title 10) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32, in connection with a war, another military operation, or a national emergency declared by the President and supported by Federal funds.
  • 20 U.S.C. § 1098h(a)(1)
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    (1) In the case of any written or electronic application under section 1090 of this title by an individual for Federal student financial aid under a program authorized under subpart 1 of part A, part C, or part D, the Secretary, with respect to such individual and any parent or spouse whose financial information, including return information, is required to be provided on such application, shall—
    (A) notify such individuals that—
    (i) if such individuals provide approval under subparagraph (B)—
    (I) the Secretary will have the authority to request that the Secretary of the Treasury disclose return information of such individuals to authorized persons (as defined in section 6103(l)(13) of title 26) for the relevant purposes described in such section; and
    (II) the return information of such individuals may be redisclosed pursuant to clauses (iii), (iv), (v), and (vi) of section 6103(l)(13)(D) of the Internal Revenue Code of 1986, for the relevant purposes described in such section; and
    (ii) the failure to provide such approval for the disclosures described in subclauses (I) and (II) of clause (i) will result in the Secretary being unable to calculate eligibility for such aid to such individual;
    (B) require, as a condition of eligibility for such aid, that such individuals affirmatively approve the disclosures described in subclauses (I) and (II) of subparagraph (A)(i); and
    (C) if an individual is pursuing provisional independent student status due to an unusual circumstance, as described in section 1087tt of this title and provided for in section 1087uu–2 of this title, require such individual to provide an affirmative approval under subparagraph (B), but not require a parent of such individual to provide an affirmative approval under subparagraph (B).
  • 20 U.S.C. § 1098h(a)(1)(A)(i)(I)
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    (I) the Secretary will have the authority to request that the Secretary of the Treasury disclose return information of such individuals to authorized persons (as defined in section 6103(l)(13) of title 26) for the relevant purposes described in such section; and
  • 20 U.S.C. § 1098h(a)(1)(A)(ii)
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    (ii) the failure to provide such approval for the disclosures described in subclauses (I) and (II) of clause (i) will result in the Secretary being unable to calculate eligibility for such aid to such individual;
  • 20 U.S.C. § 1098h(a)(2)(A)
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    (A) In the case of any written or electronic application by an individual for an income-contingent or income-based repayment plan for a loan under part D, the Secretary, with respect to such individual and any spouse of such individual, shall—
    (i) provide to such individuals the notification described in paragraph (1)(A)(i);
    (ii) require, as a condition of eligibility for such repayment plan, that such individuals—
    (I) affirmatively approve the disclosures described in subclauses (I) and (II) of paragraph (1)(A)(i), to the extent applicable, and agree that such approval shall serve as an ongoing approval of such disclosures until the date on which the individual elects to opt out of such disclosures under section 1087e(e)(8) of this title or the equivalent procedures established under section 1098e(c)(2)(B) of this title, as applicable; or
    (II) provide such information as the Secretary may require to confirm the eligibility of such individual for such repayment plan.
  • 20 U.S.C. § 1098h(a)(2)(A)(ii)(II)
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    (II) provide such information as the Secretary may require to confirm the eligibility of such individual for such repayment plan.
  • 20 U.S.C. § 1098h(a)(2)(B)
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    (B) With respect to the first written or electronic recertification (after December 19, 2019) of an individual’s income or family size for purposes of an income-contingent or income-based repayment plan (entered into before December 19, 2019) for a loan under part D, the Secretary, with respect to such individual and any spouse of such individual, shall meet the requirements of clauses (i) and (ii) of subparagraph (A) with respect to such recertification.
  • 20 U.S.C. § 1098h(a)(3)
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    (3) In the case of any written or electronic application by an individual for a discharge of a loan under this subchapter based on total and permanent disability (within the meaning of section 1087(a) of this title) that requires income monitoring, the Secretary shall—
    (A) provide to such individual the notification described in paragraph (1)(A)(i)(I); and
    (B) require, as a condition of eligibility for such discharge, that such individual—
    (i) affirmatively approve the disclosure described in paragraph (1)(A)(i)(I) and agree that such approval shall serve as an ongoing approval of such disclosure until the earlier of—
    (I) the date on which the individual elects to opt out of such disclosure under section 1087(a)(3)(A) of this title; or
    (II) the first day on which such loan may no longer be reinstated; or
    (ii) provide such information as the Secretary may require to confirm the eligibility of such individual for such discharge.
  • 20 U.S.C. § 1098h(a)(3)(B)(ii)
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    (ii) provide such information as the Secretary may require to confirm the eligibility of such individual for such discharge.
  • 20 U.S.C. § 1098h(b)
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    (b) The Secretary shall only have authority to request that the Secretary of the Treasury disclose return information under section 6103(l)(13) of title 26 with respect to an individual if the Secretary of Education has obtained approval under subsection (a) for such disclosure.
  • 20 U.S.C. § 1098h(c)(1)(A)(i)
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    (i) the Secretary; or
  • 20 U.S.C. § 1098h(c)(1)(A)(ii)
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    (ii) in a case in which the Secretary has requested that institutions of higher education carry out the requirements of this subparagraph, an institution of higher education that has received such information; and
  • 20 U.S.C. § 1098h(c)(5)(B)
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    (B) make each such record readily available for review by the Secretary.
  • 20 U.S.C. § 1099a(a)(1)
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    (1) furnish the Secretary, upon request, information with respect to the process for licensing or other authorization for institutions of higher education to operate within the State;
  • 20 U.S.C. § 1099a(a)(2)
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    (2) notify the Secretary promptly whenever the State revokes a license or other authority to operate an institution of higher education; and
  • 20 U.S.C. § 1099a(a)(3)
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    (3) notify the Secretary promptly whenever the State has credible evidence that an institution of higher education within the State—
    (A) has committed fraud in the administration of the student assistance programs authorized by this subchapter; or
    (B) has substantially violated a provision of this subchapter.
  • 20 U.S.C. § 1099a(b)
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    (b) Each institution of higher education shall provide evidence to the Secretary that the institution has authority to operate within a State at the time the institution is certified under subpart 3 of this part.
  • 20 U.S.C. § 1099b(a)
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    (a) No accrediting agency or association may be determined by the Secretary to be a reliable authority as to the quality of education or training offered for the purposes of this chapter or for other Federal purposes, unless the agency or association meets criteria established by the Secretary pursuant to this section. The Secretary shall, after notice and opportunity for a hearing, establish criteria for such determinations. Such criteria shall include an appropriate measure or measures of student achievement. Such criteria shall require that—
    (1) the accrediting agency or association shall be a State, regional, or national agency or association and shall demonstrate the ability and the experience to operate as an accrediting agency or association within the State, region, or nationally, as appropriate;
    (2) such agency or association—
    (i) for the purpose of participation in programs under this chapter, has a voluntary membership of institutions of higher education and has as a principal purpose the accrediting of institutions of higher education; or
    (ii) for the purpose of participation in other programs administered by the Department of Education or other Federal agencies, has a voluntary membership and has as its principal purpose the accrediting of institutions of higher education or programs;
    (B) is a State agency approved by the Secretary for the purpose described in subparagraph (A); or
    (C) is an agency or association that, for the purpose of determining eligibility for student assistance under this subchapter, conducts accreditation through (i) a voluntary membership organization of individuals participating in a profession, or (ii) an agency or association which has as its principal purpose the accreditation of programs within institutions, which institutions are accredited by another agency or association recognized by the Secretary;
    (3) if such agency or association is an agency or association described in—
    (A) subparagraph (A)(i) of paragraph (2), then such agency or association is separate and independent, both administratively and financially of any related, associated, or affiliated trade association or membership organization;
    (B) subparagraph (B) of paragraph (2), then such agency or association has been recognized by the Secretary on or before October 1, 1991; or
    (C) subparagraph (C) of paragraph (2) and such agency or association has been recognized by the Secretary on or before October 1, 1991, then the Secretary may waive the requirement that such agency or association is separate and independent, both administratively and financially of any related, associated, or affiliated trade association or membership organization upon a demonstration that the existing relationship has not served to compromise the independence of its accreditation process;
    (A) such agency or association consistently applies and enforces standards that respect the stated mission of the institution of higher education, including religious missions, and that ensure that the courses or programs of instruction, training, or study offered by the institution of higher education, including distance education or correspondence courses or programs, are of sufficient quality to achieve, for the duration of the accreditation period, the stated objective for which the courses or the programs are offered; and
    (B) if such agency or association has or seeks to include within its scope of recognition the evaluation of the quality of institutions or programs offering distance education or correspondence education, such agency or association shall, in addition to meeting the other requirements of this subpart, demonstrate to the Secretary that—
    (i) the agency or association’s standards effectively address the quality of an institution’s distance education or correspondence education in the areas identified in paragraph (5), except that—
    (I) the agency or association shall not be required to have separate standards, procedures, or policies for the evaluation of distance education or correspondence education institutions or programs in order to meet the requirements of this subparagraph; and
    (II) in the case that the agency or association is recognized by the Secretary, the agency or association shall not be required to obtain the approval of the Secretary to expand its scope of accreditation to include distance education or correspondence education, provided that the agency or association notifies the Secretary in writing of the change in scope; and
    (ii) the agency or association requires an institution that offers distance education or correspondence education to have processes through which the institution establishes that the student who registers in a distance education or correspondence education course or program is the same student who participates in and completes the program and receives the academic credit;
    (5) the standards for accreditation of the agency or association assess the institution’s—
    (A) success with respect to student achievement in relation to the institution’s mission, which may include different standards for different institutions or programs, as established by the institution, including, as appropriate, consideration of State licensing examinations, consideration of course completion, and job placement rates;
    (B) curricula;
    (C) faculty;
    (D) facilities, equipment, and supplies;
    (E) fiscal and administrative capacity as appropriate to the specified scale of operations;
    (F) student support services;
    (G) recruiting and admissions practices, academic calendars, catalogs, publications, grading and advertising;
    (H) measures of program length and the objectives of the degrees or credentials offered;
    (I) record of student complaints received by, or available to, the agency or association; and
    (J) record of compliance with its program responsibilities under this subchapter based on the most recent student loan default rate data provided by the Secretary, the results of financial or compliance audits, program reviews, and such other information as the Secretary may provide to the agency or association;
    except that subparagraphs (A), (H), and (J) shall not apply to agencies or associations described in paragraph (2)(A)(ii) of this subsection;
    (6) such an agency or association shall establish and apply review procedures throughout the accrediting process, including evaluation and withdrawal proceedings, which comply with due process procedures that provide—
    (A) for adequate written specification of—
    (i) requirements, including clear standards for an institution of higher education or program to be accredited; and
    (ii) identified deficiencies at the institution or program examined;
    (B) for sufficient opportunity for a written response, by an institution or program, regarding any deficiencies identified by the agency or association to be considered by the agency or association—
    (i) within a timeframe determined by the agency or association; and
    (ii) prior to final action in the evaluation and withdrawal proceedings;
    (C) upon the written request of an institution or program, for an opportunity for the institution or program to appeal any adverse action under this section, including denial, withdrawal, suspension, or termination of accreditation, taken against the institution or program, prior to such action becoming final at a hearing before an appeals panel that—
    (i) shall not include current members of the agency’s or association’s underlying decisionmaking body that made the adverse decision; and
    (ii) is subject to a conflict of interest policy;
    (D) for the right to representation and participation by counsel for an institution or program during an appeal of the adverse action;
    (E) for a process, in accordance with written procedures developed by the agency or association, through which an institution or program, before a final adverse action based solely upon a failure to meet a standard or criterion pertaining to finances, may on one occasion seek review of significant financial information that was unavailable to the institution or program prior to the determination of the adverse action, and that bears materially on the financial deficiencies identified by the agency or association;
    (F) in the case that the agency or association determines that the new financial information submitted by the institution or program under subparagraph (E) meets the criteria of significance and materiality described in such subparagraph, for consideration by the agency or association of the new financial information prior to the adverse action described in such subparagraph becoming final; and
    (G) that any determination by the agency or association made with respect to the new financial information described in subparagraph (E) shall not be separately appealable by the institution or program;
    (7) such agency or association shall notify the Secretary and the appropriate State licensing or authorizing agency within 30 days of the accreditation of an institution or any final denial, withdrawal, suspension, or termination of accreditation or placement on probation of an institution, together with any other adverse action taken with respect to an institution; and
    (8) such agency or association shall make available to the public, upon request, and to the Secretary, and the State licensing or authorizing agency a summary of any review resulting in a final accrediting decision involving denial, termination, or suspension of accreditation, together with the comments of the affected institution.
  • 20 U.S.C. § 1099b(a)(2)(B)
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    (B) is a State agency approved by the Secretary for the purpose described in subparagraph (A); or
  • 20 U.S.C. § 1099b(a)(2)(C)
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    (C) is an agency or association that, for the purpose of determining eligibility for student assistance under this subchapter, conducts accreditation through (i) a voluntary membership organization of individuals participating in a profession, or (ii) an agency or association which has as its principal purpose the accreditation of programs within institutions, which institutions are accredited by another agency or association recognized by the Secretary;
  • 20 U.S.C. § 1099b(a)(3)(B)
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    (B) subparagraph (B) of paragraph (2), then such agency or association has been recognized by the Secretary on or before October 1, 1991; or
  • 20 U.S.C. § 1099b(a)(3)(C)
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    (C) subparagraph (C) of paragraph (2) and such agency or association has been recognized by the Secretary on or before October 1, 1991, then the Secretary may waive the requirement that such agency or association is separate and independent, both administratively and financially of any related, associated, or affiliated trade association or membership organization upon a demonstration that the existing relationship has not served to compromise the independence of its accreditation process;
  • 20 U.S.C. § 1099b(a)(4)(B)
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    (B) if such agency or association has or seeks to include within its scope of recognition the evaluation of the quality of institutions or programs offering distance education or correspondence education, such agency or association shall, in addition to meeting the other requirements of this subpart, demonstrate to the Secretary that—
    (i) the agency or association’s standards effectively address the quality of an institution’s distance education or correspondence education in the areas identified in paragraph (5), except that—
    (I) the agency or association shall not be required to have separate standards, procedures, or policies for the evaluation of distance education or correspondence education institutions or programs in order to meet the requirements of this subparagraph; and
    (II) in the case that the agency or association is recognized by the Secretary, the agency or association shall not be required to obtain the approval of the Secretary to expand its scope of accreditation to include distance education or correspondence education, provided that the agency or association notifies the Secretary in writing of the change in scope; and
    (ii) the agency or association requires an institution that offers distance education or correspondence education to have processes through which the institution establishes that the student who registers in a distance education or correspondence education course or program is the same student who participates in and completes the program and receives the academic credit;
  • 20 U.S.C. § 1099b(a)(4)(B)(i)(II)
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    (II) in the case that the agency or association is recognized by the Secretary, the agency or association shall not be required to obtain the approval of the Secretary to expand its scope of accreditation to include distance education or correspondence education, provided that the agency or association notifies the Secretary in writing of the change in scope; and
  • 20 U.S.C. § 1099b(a)(5)(J)
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    (J) record of compliance with its program responsibilities under this subchapter based on the most recent student loan default rate data provided by the Secretary, the results of financial or compliance audits, program reviews, and such other information as the Secretary may provide to the agency or association;
  • 20 U.S.C. § 1099b(a)(7)
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    (7) such agency or association shall notify the Secretary and the appropriate State licensing or authorizing agency within 30 days of the accreditation of an institution or any final denial, withdrawal, suspension, or termination of accreditation or placement on probation of an institution, together with any other adverse action taken with respect to an institution; and
  • 20 U.S.C. § 1099b(a)(8)
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    (8) such agency or association shall make available to the public, upon request, and to the Secretary, and the State licensing or authorizing agency a summary of any review resulting in a final accrediting decision involving denial, termination, or suspension of accreditation, together with the comments of the affected institution.
  • 20 U.S.C. § 1099b(c)
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    (c) No accrediting agency or association may be recognized by the Secretary as a reliable authority as to the quality of education or training offered by an institution seeking to participate in the programs authorized under this subchapter, unless the agency or association—
    (1) performs, at regularly established intervals, on-site inspections and reviews of institutions of higher education (which may include unannounced site visits) with particular focus on educational quality and program effectiveness, and ensures that accreditation team members are well-trained and knowledgeable with respect to their responsibilities, including those regarding distance education;
    (2) monitors the growth of programs at institutions that are experiencing significant enrollment growth;
    (3) requires an institution to submit for approval to the accrediting agency a teach-out plan upon the occurrence of any of the following events:
    (A) the Department notifies the accrediting agency of an action against the institution pursuant to section 1094(f) of this title;
    (B) the accrediting agency acts to withdraw, terminate, or suspend the accreditation of the institution; or
    (C) the institution notifies the accrediting agency that the institution intends to cease operations;
    (4) requires that any institution of higher education subject to its jurisdiction which plans to establish a branch campus submit a business plan, including projected revenues and expenditures, prior to opening the branch campus;
    (5) agrees to conduct, as soon as practicable, but within a period of not more than 6 months of the establishment of a new branch campus or a change of ownership of an institution of higher education, an on-site visit of that branch campus or of the institution after a change of ownership;
    (6) requires that teach-out agreements among institutions are subject to approval by the accrediting agency or association consistent with standards promulgated by such agency or association;
    (7) makes available to the public and the State licensing or authorizing agency, and submits to the Secretary, a summary of agency or association actions, including—
    (A) the award of accreditation or reaccreditation of an institution;
    (B) final denial, withdrawal, suspension, or termination of accreditation of an institution, and any findings made in connection with the action taken, together with the official comments of the affected institution; and
    (C) any other adverse action taken with respect to an institution or placement on probation of an institution;
    (8) discloses publicly whenever an institution of higher education subject to its jurisdiction is being considered for accreditation or reaccreditation; and
    (9) confirms, as a part of the agency’s or association’s review for accreditation or reaccreditation, that the institution has transfer of credit policies—
    (A) that are publicly disclosed; and
    (B) that include a statement of the criteria established by the institution regarding the transfer of credit earned at another institution of higher education.
  • 20 U.S.C. § 1099b(c)(7)
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    (7) makes available to the public and the State licensing or authorizing agency, and submits to the Secretary, a summary of agency or association actions, including—
    (A) the award of accreditation or reaccreditation of an institution;
    (B) final denial, withdrawal, suspension, or termination of accreditation of an institution, and any findings made in connection with the action taken, together with the official comments of the affected institution; and
    (C) any other adverse action taken with respect to an institution or placement on probation of an institution;
  • 20 U.S.C. § 1099b(d)
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    (d) No accrediting agency or association may be recognized by the Secretary for the purpose of this chapter for a period of more than 5 years.
  • 20 U.S.C. § 1099b(e)
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    (e) The Secretary may not recognize the accreditation of any institution of higher education unless the institution of higher education agrees to submit any dispute involving the final denial, withdrawal, or termination of accreditation to initial arbitration prior to any other legal action.
  • 20 U.S.C. § 1099b(f)
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    (f) Notwithstanding any other provision of law, any civil action brought by an institution of higher education seeking accreditation from, or accredited by, an accrediting agency or association recognized by the Secretary for the purpose of this subchapter and involving the denial, withdrawal, or termination of accreditation of the institution of higher education, shall be brought in the appropriate United States district court.
  • 20 U.S.C. § 1099b(g)
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    (g) Nothing in this chapter shall be construed to permit the Secretary to establish criteria for accrediting agencies or associations that are not required by this section. Nothing in this chapter shall be construed to prohibit or limit any accrediting agency or association from adopting additional standards not provided for in this section. Nothing in this section shall be construed to permit the Secretary to establish any criteria that specifies, defines, or prescribes the standards that accrediting agencies or associations shall use to assess any institution’s success with respect to student achievement.
  • 20 U.S.C. § 1099b(h)
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    (h) The Secretary shall not recognize the accreditation of any otherwise eligible institution of higher education if the institution of higher education is in the process of changing its accrediting agency or association, unless the eligible institution submits to the Secretary all materials relating to the prior accreditation, including materials demonstrating reasonable cause for changing the accrediting agency or association.
  • 20 U.S.C. § 1099b(i)
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    (i) The Secretary shall not recognize the accreditation of any otherwise eligible institution of higher education if the institution of higher education is accredited, as an institution, by more than one accrediting agency or association, unless the institution submits to each such agency and association and to the Secretary the reasons for accreditation by more than one such agency or association and demonstrates to the Secretary reasonable cause for its accreditation by more than one agency or association. If the institution is accredited, as an institution, by more than one accrediting agency or association, the institution shall designate which agency’s accreditation shall be utilized in determining the institution’s eligibility for programs under this chapter.
  • 20 U.S.C. § 1099b(j)(1)
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    (1) is not currently accredited by any agency or association recognized by the Secretary;
  • 20 U.S.C. § 1099b(k)
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    (k) Notwithstanding subsection (j), the Secretary shall allow an institution that has had its accreditation withdrawn, revoked, or otherwise terminated, or has voluntarily withdrawn from an accreditation agency, to remain certified as an institution of higher education under section 1002 of this title and subpart 3 of this part for a period sufficient to allow such institution to obtain alternative accreditation, if the Secretary determines that the reason for the withdrawal, revocation, or termination—
    (1) is related to the religious mission or affiliation of the institution; and
    (2) is not related to the accreditation criteria provided for in this section.
  • 20 U.S.C. § 1099b(l)(1)
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    (1) If the Secretary determines that an accrediting agency or association has failed to apply effectively the criteria in this section, or is otherwise not in compliance with the requirements of this section, the Secretary shall—
    (A) after notice and opportunity for a hearing, limit, suspend, or terminate the recognition of the agency or association; or
    (B) require the agency or association to take appropriate action to bring the agency or association into compliance with such requirements within a timeframe specified by the Secretary, except that—
    (i) such timeframe shall not exceed 12 months unless the Secretary extends such period for good cause; and
    (ii) if the agency or association fails to bring the agency or association into compliance within such timeframe, the Secretary shall, after notice and opportunity for a hearing, limit, suspend, or terminate the recognition of the agency or association.
  • 20 U.S.C. § 1099b(l)(1)(B)
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    (B) require the agency or association to take appropriate action to bring the agency or association into compliance with such requirements within a timeframe specified by the Secretary, except that—
    (i) such timeframe shall not exceed 12 months unless the Secretary extends such period for good cause; and
    (ii) if the agency or association fails to bring the agency or association into compliance within such timeframe, the Secretary shall, after notice and opportunity for a hearing, limit, suspend, or terminate the recognition of the agency or association.
  • 20 U.S.C. § 1099b(l)(1)(B)(i)
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    (i) such timeframe shall not exceed 12 months unless the Secretary extends such period for good cause; and
  • 20 U.S.C. § 1099b(l)(1)(B)(ii)
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    (ii) if the agency or association fails to bring the agency or association into compliance within such timeframe, the Secretary shall, after notice and opportunity for a hearing, limit, suspend, or terminate the recognition of the agency or association.
  • 20 U.S.C. § 1099b(l)(2)
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    (2) The Secretary may determine that an accrediting agency or association has failed to apply effectively the standards provided in this section if an institution of higher education seeks and receives accreditation from the accrediting agency or association during any period in which the institution is the subject of any interim action by another accrediting agency or association, described in paragraph (2)(A)(i), (2)(B), or (2)(C) of subsection (a) of this section, leading to the suspension, revocation, or termination of accreditation or the institution has been notified of the threatened loss of accreditation, and the due process procedures required by such suspension, revocation, termination, or threatened loss have not been completed.
  • 20 U.S.C. § 1099b(m)
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    (m) The Secretary may only recognize accrediting agencies or associations which accredit institutions of higher education for the purpose of enabling such institutions to establish eligibility to participate in the programs under this chapter or which accredit institutions of higher education or higher education programs for the purpose of enabling them to establish eligibility to participate in other programs administered by the Department of Education or other Federal agencies.
  • 20 U.S.C. § 1099b(n)(1)
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    (1) The Secretary shall conduct a comprehensive review and evaluation of the performance of all accrediting agencies or associations which seek recognition by the Secretary in order to determine whether such accrediting agencies or associations meet the criteria established by this section. The Secretary shall conduct an independent evaluation of the information provided by such agency or association. Such evaluation shall include—
    (A) the solicitation of third-party information concerning the performance of the accrediting agency or association; and
    (B) site visits, including unannounced site visits as appropriate, at accrediting agencies and associations, and, at the Secretary’s discretion, at representative member institutions.
  • 20 U.S.C. § 1099b(n)(1)(B)
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    (B) site visits, including unannounced site visits as appropriate, at accrediting agencies and associations, and, at the Secretary’s discretion, at representative member institutions.
  • 20 U.S.C. § 1099b(n)(2)
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    (2) The Secretary shall place a priority for review of accrediting agencies or associations on those agencies or associations that accredit institutions of higher education that participate most extensively in the programs authorized by this subchapter and on those agencies or associations which have been the subject of the most complaints or legal actions.
  • 20 U.S.C. § 1099b(n)(3)
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    (3) The Secretary shall consider all available relevant information concerning the compliance of the accrediting agency or association with the criteria provided for in this section, including any complaints or legal actions against such agency or association. In cases where deficiencies in the performance of an accreditation agency or association with respect to the requirements of this section are noted, the Secretary shall take these deficiencies into account in the recognition process. The Secretary shall not, under any circumstances, base decisions on the recognition or denial of recognition of accreditation agencies or associations on criteria other than those contained in this section. When the Secretary decides to recognize an accrediting agency or association, the Secretary shall determine the agency or association’s scope of recognition. If the agency or association reviews institutions offering distance education courses or programs and the Secretary determines that the agency or association meets the requirements of this section, then the agency shall be recognized and the scope of recognition shall include accreditation of institutions offering distance education courses or programs.
  • 20 U.S.C. § 1099b(n)(4)
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    (4) The Secretary shall maintain sufficient documentation to support the conclusions reached in the recognition process, and, if the Secretary does not recognize any accreditation agency or association, shall make publicly available the reason for denying recognition, including reference to the specific criteria under this section which have not been fulfilled.
  • 20 U.S.C. § 1099b(o)
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    (o) The Secretary shall by regulation provide procedures for the recognition of accrediting agencies or associations and for the appeal of the Secretary’s decisions. Notwithstanding any other provision of law, the Secretary shall not promulgate any regulation with respect to the standards of an accreditation agency or association described in subsection (a)(5).
  • 20 U.S.C. § 1099b(q)
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    (q) The Secretary shall require a review, at the next available meeting of the National Advisory Committee on Institutional Quality and Integrity, of any change in scope undertaken by an agency or association under subsection (a)(4)(B)(i)(II) if the enrollment of an institution that offers distance education or correspondence education that is accredited by such agency or association increases by 50 percent or more within any one institutional fiscal year.
  • 20 U.S.C. § 1099c(a)
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    (a) For purposes of qualifying institutions of higher education for participation in programs under this subchapter, the Secretary shall determine the legal authority to operate within a State, the accreditation status, and the administrative capability and financial responsibility of an institution of higher education in accordance with the requirements of this section.
  • 20 U.S.C. § 1099c(b)
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    (b) The Secretary shall prepare and prescribe a single application form which—
    (1) requires sufficient information and documentation to determine that the requirements of eligibility, accreditation, financial responsibility, and administrative capability of the institution of higher education are met;
    (2) requires a specific description of the relationship between a main campus of an institution of higher education and all of its branches, including a description of the student aid processing that is performed by the main campus and that which is performed at its branches;
    (3) requires—
    (A) a description of the third party servicers of an institution of higher education; and
    (B) the institution to maintain a copy of any contract with a financial aid service provider or loan servicer, and provide a copy of any such contract to the Secretary upon request;
    (4) requires such other information as the Secretary determines will ensure compliance with the requirements of this subchapter with respect to eligibility, accreditation, administrative capability and financial responsibility; and
    (5) provides, at the option of the institution, for participation in one or more of the programs under part B or D.
  • 20 U.S.C. § 1099c(b)(3)(B)
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    (B) the institution to maintain a copy of any contract with a financial aid service provider or loan servicer, and provide a copy of any such contract to the Secretary upon request;
  • 20 U.S.C. § 1099c(b)(4)
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    (4) requires such other information as the Secretary determines will ensure compliance with the requirements of this subchapter with respect to eligibility, accreditation, administrative capability and financial responsibility; and
  • 20 U.S.C. § 1099c(c)(1)
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    (1) The Secretary shall determine whether an institution has the financial responsibility required by this subchapter on the basis of whether the institution is able—
    (A) to provide the services described in its official publications and statements;
    (B) to provide the administrative resources necessary to comply with the requirements of this subchapter; and
    (C) to meet all of its financial obligations, including (but not limited to) refunds of institutional charges and repayments to the Secretary for liabilities and debts incurred in programs administered by the Secretary.
  • 20 U.S.C. § 1099c(c)(1)(C)
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    (C) to meet all of its financial obligations, including (but not limited to) refunds of institutional charges and repayments to the Secretary for liabilities and debts incurred in programs administered by the Secretary.
  • 20 U.S.C. § 1099c(c)(2)
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    (2) Notwithstanding paragraph (1), if an institution fails to meet criteria prescribed by the Secretary regarding ratios that demonstrate financial responsibility, then the institution shall provide the Secretary with satisfactory evidence of its financial responsibility in accordance with paragraph (3). Such criteria shall take into account any differences in generally accepted accounting principles, and the financial statements required thereunder, that are applicable to for-profit, public, and nonprofit institutions. The Secretary shall take into account an institution’s total financial circumstances in making a determination of its ability to meet the standards herein required.
  • 20 U.S.C. § 1099c(c)(3)
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    (3) The Secretary shall determine an institution to be financially responsible, notwithstanding the institution’s failure to meet the criteria under paragraphs (1) and (2), if—
    (A) such institution submits to the Secretary third-party financial guarantees that the Secretary determines are reasonable, such as performance bonds or letters of credit payable to the Secretary, which third-party financial guarantees shall equal not less than one-half of the annual potential liabilities of such institution to the Secretary for funds under this subchapter, including loan obligations discharged pursuant to section 1087 of this title, and to students for refunds of institutional charges, including funds under this subchapter;
    (B) such institution has its liabilities backed by the full faith and credit of a State, or its equivalent;
    (C) such institution establishes to the satisfaction of the Secretary, with the support of a financial statement audited by an independent certified public accountant in accordance with generally accepted auditing standards, that the institution has sufficient resources to ensure against the precipitous closure of the institution, including the ability to meet all of its financial obligations (including refunds of institutional charges and repayments to the Secretary for liabilities and debts incurred in programs administered by the Secretary); or
    (D) such institution has met standards of financial responsibility, prescribed by the Secretary by regulation, that indicate a level of financial strength not less than those required in paragraph (2).
  • 20 U.S.C. § 1099c(c)(3)(A)
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    (A) such institution submits to the Secretary third-party financial guarantees that the Secretary determines are reasonable, such as performance bonds or letters of credit payable to the Secretary, which third-party financial guarantees shall equal not less than one-half of the annual potential liabilities of such institution to the Secretary for funds under this subchapter, including loan obligations discharged pursuant to section 1087 of this title, and to students for refunds of institutional charges, including funds under this subchapter;
  • 20 U.S.C. § 1099c(c)(3)(C)
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    (C) such institution establishes to the satisfaction of the Secretary, with the support of a financial statement audited by an independent certified public accountant in accordance with generally accepted auditing standards, that the institution has sufficient resources to ensure against the precipitous closure of the institution, including the ability to meet all of its financial obligations (including refunds of institutional charges and repayments to the Secretary for liabilities and debts incurred in programs administered by the Secretary); or
  • 20 U.S.C. § 1099c(c)(3)(D)
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    (D) such institution has met standards of financial responsibility, prescribed by the Secretary by regulation, that indicate a level of financial strength not less than those required in paragraph (2).
  • 20 U.S.C. § 1099c(c)(4)
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    (4) If an institution of higher education that provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree fails to meet the criteria imposed by the Secretary pursuant to paragraph (2), the Secretary shall waive that particular requirement for that institution if the institution demonstrates to the satisfaction of the Secretary that—
    (A) there is no reasonable doubt as to its continued solvency and ability to deliver quality educational services;
    (B) it is current in its payment of all current liabilities, including student refunds, repayments to the Secretary, payroll, and payment of trade creditors and withholding taxes; and
    (C) it has substantial equity in school-occupied facilities, the acquisition of which was the direct cause of its failure to meet the criteria.
  • 20 U.S.C. § 1099c(c)(4)(B)
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    (B) it is current in its payment of all current liabilities, including student refunds, repayments to the Secretary, payroll, and payment of trade creditors and withholding taxes; and
  • 20 U.S.C. § 1099c(c)(5)
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    (5) The determination as to whether an institution has met the standards of financial responsibility provided for in paragraphs (2) and (3)(C) shall be based on an audited and certified financial statement of the institution. Such audit shall be conducted by a qualified independent organization or person in accordance with standards established by the American Institute of Certified Public Accountants. Such statement shall be submitted to the Secretary at the time such institution is considered for certification or recertification under this section. If the institution is permitted to be certified (provisionally or otherwise) and such audit does not establish compliance with paragraph (2), the Secretary may require that additional audits be submitted.
  • 20 U.S.C. § 1099c(c)(6)(A)
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    (A) The Secretary shall establish requirements for the maintenance by an institution of higher education of sufficient cash reserves to ensure repayment of any required refunds.
  • 20 U.S.C. § 1099c(c)(6)(B)
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    (B) The Secretary shall provide for a process under which the Secretary shall exempt an institution of higher education from the requirements described in subparagraph (A) if the Secretary determines that the institution—
    (i) is located in a State that has a tuition recovery fund that ensures that the institution meets the requirements of subparagraph (A);
    (ii) contributes to the fund; and
    (iii) otherwise has legal authority to operate within the State.
  • 20 U.S.C. § 1099c(d)
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    (d) The Secretary is authorized—
    (1) to establish procedures and requirements relating to the administrative capacities of institutions of higher education, including—
    (A) consideration of past performance of institutions or persons in control of such institutions with respect to student aid programs; and
    (B) maintenance of records; and
    (2) to establish such other reasonable procedures as the Secretary determines will contribute to ensuring that the institution of higher education will comply with administrative capability required by this subchapter.
  • 20 U.S.C. § 1099c(d)(2)
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    (2) to establish such other reasonable procedures as the Secretary determines will contribute to ensuring that the institution of higher education will comply with administrative capability required by this subchapter.
  • 20 U.S.C. § 1099c(e)(1)
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    (1) Notwithstanding any other provision of law, the Secretary may, to the extent necessary to protect the financial interest of the United States, require—
    (A) financial guarantees from an institution participating, or seeking to participate, in a program under this subchapter, or from one or more individuals who the Secretary determines, in accordance with paragraph (2), exercise substantial control over such institution, or both, in an amount determined by the Secretary to be sufficient to satisfy the institution’s potential liability to the Federal Government, student assistance recipients, and other program participants for funds under this subchapter; and
    (B) the assumption of personal liability, by one or more individuals who exercise substantial control over such institution, as determined by the Secretary in accordance with paragraph (2), for financial losses to the Federal Government, student assistance recipients, and other program participants for funds under this subchapter, and civil and criminal monetary penalties authorized under this subchapter.
  • 20 U.S.C. § 1099c(e)(1)(A)
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    (A) financial guarantees from an institution participating, or seeking to participate, in a program under this subchapter, or from one or more individuals who the Secretary determines, in accordance with paragraph (2), exercise substantial control over such institution, or both, in an amount determined by the Secretary to be sufficient to satisfy the institution’s potential liability to the Federal Government, student assistance recipients, and other program participants for funds under this subchapter; and
  • 20 U.S.C. § 1099c(e)(1)(B)
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    (B) the assumption of personal liability, by one or more individuals who exercise substantial control over such institution, as determined by the Secretary in accordance with paragraph (2), for financial losses to the Federal Government, student assistance recipients, and other program participants for funds under this subchapter, and civil and criminal monetary penalties authorized under this subchapter.
  • 20 U.S.C. § 1099c(e)(2)(A)
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    (A) The Secretary may determine that an individual exercises substantial control over one or more institutions participating in a program under this subchapter if the Secretary determines that—
    (i) the individual directly or indirectly controls a substantial ownership interest in the institution;
    (ii) the individual, either alone or together with other individuals, represents, under a voting trust, power of attorney, proxy, or similar agreement, one or more persons who have, individually or in combination with the other persons represented or the individual representing them, a substantial ownership interest in the institution; or
    (iii) the individual is a member of the board of directors, the chief executive officer, or other executive officer of the institution or of an entity that holds a substantial ownership interest in the institution.
  • 20 U.S.C. § 1099c(e)(2)(B)
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    (B) The Secretary may determine that an entity exercises substantial control over one or more institutions participating in a program under this subchapter if the Secretary determines that the entity directly or indirectly holds a substantial ownership interest in the institution.
  • 20 U.S.C. § 1099c(e)(4)
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    (4) The Secretary shall not impose the requirements described in subparagraphs (A) and (B) of paragraph (1) on an institution that—
    (A) has not been subjected to a limitation, suspension, or termination action by the Secretary or a guaranty agency within the preceding 5 years;
    (B) has not had, during its 2 most recent audits of the institutions conduct of programs under this subchapter, an audit finding that resulted in the institution being required to repay an amount greater than 5 percent of the funds the institution received from programs under this subchapter for any year;
    (C) meets and has met, for the preceding 5 years, the financial responsibility standards under subsection (c); and
    (D) has not been cited during the preceding 5 years for failure to submit audits required under this subchapter in a timely fashion.
  • 20 U.S.C. § 1099c(e)(4)(A)
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    (A) has not been subjected to a limitation, suspension, or termination action by the Secretary or a guaranty agency within the preceding 5 years;
  • 20 U.S.C. § 1099c(e)(6)
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    (6) Notwithstanding any other provision of law, any individual who—
    (A) the Secretary determines, in accordance with paragraph (2), exercises substantial control over an institution participating in, or seeking to participate in, a program under this subchapter;
    (B) is required to pay, on behalf of a student or borrower, a refund of unearned institutional charges to a lender, or to the Secretary; and
    (C) willfully fails to pay such refund or willfully attempts in any manner to evade payment of such refund,
    shall, in addition to other penalties provided by law, be liable to the Secretary for the amount of the refund not paid, to the same extent with respect to such refund that such an individual would be liable as a responsible person for a penalty under section 6672(a) of title 26 with respect to the nonpayment of taxes.
  • 20 U.S.C. § 1099c(e)(6)(A)
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    (A) the Secretary determines, in accordance with paragraph (2), exercises substantial control over an institution participating in, or seeking to participate in, a program under this subchapter;
  • 20 U.S.C. § 1099c(e)(6)(B)
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    (B) is required to pay, on behalf of a student or borrower, a refund of unearned institutional charges to a lender, or to the Secretary; and
  • 20 U.S.C. § 1099c(f)
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    (f) The Secretary shall ensure that prompt action is taken by the Department on any application required under subsection (b). The personnel of the Department of Education may conduct a site visit at each institution before certifying or recertifying its eligibility for purposes of any program under this subchapter. The Secretary shall establish priorities by which institutions are to receive site visits, and shall, to the extent practicable, coordinate such visits with site visits by States, guaranty agencies, and accrediting bodies in order to eliminate duplication, and reduce administrative burden.
  • 20 U.S.C. § 1099c(g)(1)
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    (1) After the expiration of the certification of any institution under the schedule prescribed under this section (as this section was in effect prior to October 7, 1998), or upon request for initial certification from an institution not previously certified, the Secretary may certify the eligibility for the purposes of any program authorized under this subchapter of each such institution for a period not to exceed 6 years.
  • 20 U.S.C. § 1099c(g)(2)
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    (2) The Secretary shall notify each institution of higher education not later than 6 months prior to the date of the expiration of the institution’s certification.
  • 20 U.S.C. § 1099c(g)(3)
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    (3) The Secretary shall promulgate regulations regarding the recertification requirements applicable to an institution of higher education outside of the United States that meets the requirements of section 1002(a)(1)(C) of this title and received less than $500,000 in funds under part B for the most recent year for which data are available.
  • 20 U.S.C. § 1099c(h)(1)
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    (1) Notwithstanding subsections (d) and (g), the Secretary may provisionally certify an institution’s eligibility to participate in programs under this subchapter—
    (A) for not more than one complete award year in the case of an institution of higher education seeking an initial certification; and
    (B) for not more than 3 complete award years if—
    (i) the institution’s administrative capability and financial responsibility is being determined for the first time;
    (ii) there is a complete or partial change of ownership, as defined under subsection (i), of an eligible institution; or
    (iii) the Secretary determines that an institution that seeks to renew its certification is, in the judgment of the Secretary, in an administrative or financial condition that may jeopardize its ability to perform its financial responsibilities under a program participation agreement.
  • 20 U.S.C. § 1099c(h)(1)(B)(iii)
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    (iii) the Secretary determines that an institution that seeks to renew its certification is, in the judgment of the Secretary, in an administrative or financial condition that may jeopardize its ability to perform its financial responsibilities under a program participation agreement.
  • 20 U.S.C. § 1099c(h)(2)
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    (2) Whenever the Secretary withdraws the recognition of any accrediting agency, an institution of higher education which meets the requirements of accreditation, eligibility, and certification on the day prior to such withdrawal, the Secretary may, notwithstanding the withdrawal, continue the eligibility of the institution of higher education to participate in the programs authorized by this subchapter for a period not to exceed 18 months from the date of the withdrawal of recognition.
  • 20 U.S.C. § 1099c(h)(3)
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    (3) If, prior to the end of a period of provisional certification under this subsection, the Secretary determines that the institution is unable to meet its responsibilities under its program participation agreement, the Secretary may terminate the institution’s participation in programs under this subchapter.
  • 20 U.S.C. § 1099c(i)(3)(B)
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    (B) another action determined by the Secretary to be a routine business practice.
  • 20 U.S.C. § 1099c(i)(4)(A)
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    (A) The Secretary may provisionally certify an institution seeking approval of a change in ownership based on the preliminary review by the Secretary of a materially complete application that is received by the Secretary within 10 business days of the transaction for which the approval is sought.
  • 20 U.S.C. § 1099c(i)(4)(B)
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    (B) A provisional certification under this paragraph shall expire not later than the end of the month following the month in which the transaction occurred, except that if the Secretary has not issued a decision on the application for the change of ownership within that period, the Secretary may continue such provisional certification on a month-to-month basis until such decision has been issued.
  • 20 U.S.C. § 1099c(j)(1)
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    (1) A branch of an eligible institution of higher education, as defined pursuant to regulations of the Secretary, shall be certified under this subpart before it may participate as part of such institution in a program under this subchapter, except that such branch shall not be required to meet the requirements of sections 1002(b)(1)(E) and 1002(c)(1)(C) of this title prior to seeking such certification. Such branch is required to be in existence at least 2 years after the branch is certified by the Secretary as a branch campus participating in a program under this subchapter, prior to seeking certification as a main campus or free-standing institution.
  • 20 U.S.C. § 1099c(j)(2)
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    (2) The Secretary may waive the requirement of section 1001(a)(2) of this title for a branch that (A) is not located in a State, (B) is affiliated with an eligible institution, and (C) was participating in one or more programs under this subchapter on or before January 1, 1992.
  • 20 U.S.C. § 1099c(k)(1)
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    (1) A location of a closed institution of higher education shall be eligible as an additional location of an eligible institution of higher education, as defined pursuant to regulations of the Secretary, for the purposes of a teach-out described in section 1094(f) of this title, if such teach-out has been approved by the institution’s accrediting agency.
  • 20 U.S.C. § 1099c–1(a)
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    (a) In order to strengthen the administrative capability and financial responsibility provisions of this subchapter, the Secretary—
    (1) shall provide for the conduct of program reviews on a systematic basis designed to include all institutions of higher education participating in programs authorized by this subchapter;
    (2) shall give priority for program review to institutions of higher education that are—
    (A) institutions with a cohort default rate for loans under part B of this subchapter in excess of 25 percent or which places such institutions in the highest 25 percent of such institutions;
    (B) institutions with a default rate in dollar volume for loans under part B of this subchapter which places the institutions in the highest 25 percent of such institutions;
    (C) institutions with a significant fluctuation in Federal Stafford Loan volume, Federal Direct Stafford/Ford Loan volume, or Federal Pell Grant award volume, or any combination thereof, in the year for which the determination is made, compared to the year prior to such year, that are not accounted for by changes in the Federal Stafford Loan program, the Federal Direct Stafford/Ford Loan program, or the Pell Grant program, or any combination thereof;
    (D) institutions reported to have deficiencies or financial aid problems by the State licensing or authorizing agency, or by the appropriate accrediting agency or association;
    (E) institutions with high annual dropout rates; and
    (F) such other institutions that the Secretary determines may pose a significant risk of failure to comply with the administrative capability or financial responsibility provisions of this subchapter; and
    (3) shall establish and operate a central data base of information on institutional accreditation, eligibility, and certification that includes—
    (A) all relevant information available to the Department;
    (B) all relevant information made available by the Secretary of Veterans Affairs;
    (C) all relevant information from accrediting agencies or associations;
    (D) all relevant information available from a guaranty agency; and
    (E) all relevant information available from States under subpart 1 of this part.
  • 20 U.S.C. § 1099c–1(a)(2)(F)
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    (F) such other institutions that the Secretary determines may pose a significant risk of failure to comply with the administrative capability or financial responsibility provisions of this subchapter; and
  • 20 U.S.C. § 1099c–1(a)(3)(B)
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    (B) all relevant information made available by the Secretary of Veterans Affairs;
  • 20 U.S.C. § 1099c–1(b)
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    (b) In carrying out paragraphs (1) and (2) of subsection (a) and any other relevant provisions of this subchapter, the Secretary shall—
    (1) establish guidelines designed to ensure uniformity of practice in the conduct of program reviews of institutions of higher education;
    (2) make available to each institution participating in programs authorized under this subchapter complete copies of all review guidelines and procedures used in program reviews;
    (3) permit the institution to correct or cure an administrative, accounting, or recordkeeping error if the error is not part of a pattern of error and there is no evidence of fraud or misconduct related to the error;
    (4) base any civil penalty assessed against an institution of higher education resulting from a program review or audit on the gravity of the violation, failure, or misrepresentation;
    (5) inform the appropriate State and accrediting agency or association whenever the Secretary takes action against an institution of higher education under this section, section 1099c of this title, or section 1082 of this title;
    (6) provide to an institution of higher education an adequate opportunity to review and respond to any program review report and relevant materials related to the report before any final program review report is issued;
    (7) review and take into consideration an institution of higher education’s response in any final program review report or audit determination, and include in the report or determination—
    (A) a written statement addressing the institution of higher education’s response;
    (B) a written statement of the basis for such report or determination; and
    (C) a copy of the institution’s response; and
    (8) maintain and preserve at all times the confidentiality of any program review report until the requirements of paragraphs (6) and (7) are met, and until a final program review is issued, other than to the extent required to comply with paragraph (5), except that the Secretary shall promptly disclose any and all program review reports to the institution of higher education under review.
  • 20 U.S.C. § 1099c–1(b)(5)
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    (5) inform the appropriate State and accrediting agency or association whenever the Secretary takes action against an institution of higher education under this section, section 1099c of this title, or section 1082 of this title;
  • 20 U.S.C. § 1099c–1(b)(8)
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    (8) maintain and preserve at all times the confidentiality of any program review report until the requirements of paragraphs (6) and (7) are met, and until a final program review is issued, other than to the extent required to comply with paragraph (5), except that the Secretary shall promptly disclose any and all program review reports to the institution of higher education under review.
  • 20 U.S.C. § 1099c–1(c)
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    (c) The Secretary shall develop and carry out a plan for the data collection responsibilities described in paragraph (3) of subsection (a). The Secretary shall make the information obtained under such paragraph (3) readily available to all institutions of higher education, guaranty agencies, States, and other organizations participating in the programs authorized by this subchapter.
  • 20 U.S.C. § 1099c–1(d)
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    (d) The Secretary shall provide training to personnel of the Department, including criminal investigative training, designed to improve the quality of financial and compliance audits and program reviews conducted under this subchapter.
  • 20 U.S.C. § 1099c–2(a)
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    (a) The Secretary shall review each regulation issued under this subchapter that is in effect at the time of the review and applies to the operations or activities of any participant in the programs assisted under this subchapter. The review shall include a determination of whether the regulation is duplicative, or is no longer necessary. The review may involve one or more of the following:
    (1) An assurance of the uniformity of interpretation and application of such regulations.
    (2) The establishment of a process for ensuring that eligibility and compliance issues, such as institutional audit, program review, and recertification, are considered simultaneously.
    (3) A determination of the extent to which unnecessary costs are imposed on institutions of higher education as a consequence of the applicability to the facilities and equipment of such institutions of regulations prescribed for purposes of regulating industrial and commercial enterprises.
  • 20 U.S.C. § 1099c–2(b)
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    (b) The Secretary shall review and evaluate ways in which regulations under and provisions of this chapter affecting institution of higher education (other than institutions described in section 1002(a)(1)(C) of this title), that have received in each of the two most recent award years prior to October 7, 1998, less than $200,000 in funds through this subchapter, may be improved, streamlined, or eliminated.
  • 20 U.S.C. § 1099c–2(c)
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    (c) In carrying out subsections (a) and (b), the Secretary shall consult with relevant representatives of institutions participating in the programs authorized by this subchapter.
  • 20 U.S.C. § 1099d(b)
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    (b) The Secretary shall carry out a pilot program under which the Secretary establishes a mechanism for an auction of eligible Federal PLUS Loans in accordance with this subsection. The pilot program shall meet the following requirements:
    (1) During the period beginning on September 27, 2007, and ending on June 30, 2009, the Secretary shall plan and implement the pilot program under this subsection. During the planning and implementation, the Secretary shall consult with other Federal agencies with knowledge of, and experience with, auction programs, including the Federal Communication Commission and the Department of the Treasury.
    (2) Beginning on July 1, 2009, the Secretary shall arrange for the origination and disbursement of all eligible Federal PLUS Loans in accordance with the provisions of this subsection and the provisions of section 1078–2 of this title that are not inconsistent with this subsection.
    (3) The Secretary shall establish a loan origination auction mechanism that meets the following requirements:
    (A) The Secretary administers an auction under this paragraph for each State, under which eligible lenders compete to originate eligible Federal PLUS Loans under this paragraph at all institutions of higher education within such State.
    (B) The Secretary establishes a prequalification process for eligible lenders desiring to participate in an auction under this paragraph that contains, at a minimum—
    (i) a set of borrower benefits and servicing requirements each eligible lender shall meet in order to participate in such an auction;
    (ii) an assessment of each such eligible lender’s capacity, including capital capacity, to participate effectively; and
    (iii) a commitment from such eligible lender that, if the lender has a winning bid under subparagraph (F), the lender will enter into the agreement required under subparagraph (G).
    (C) Each State auction takes place every 2 years, and the eligible lenders with the winning bids for the State are the only eligible lenders permitted to originate eligible Federal PLUS Loans made under this paragraph for the cohort of students at the institutions of higher education within the State until the students graduate from or leave the institutions of higher education.
    (D) Each eligible lender’s bid consists of the amount of the special allowance payment (after the application of section 1087–1(b)(2)(I)(v) of this title) the eligible lender proposes to accept from the Secretary with respect to the eligible Federal PLUS Loans made under this paragraph in lieu of the amount determined under section 1087–1(b)(2)(I) of this title.
    (E) The maximum bid allowable under this paragraph shall not exceed the amount of the special allowance payable on eligible Federal PLUS Loans made under this paragraph computed under section 1087–1(b)(2)(I) of this title (other than clauses (ii), (iii), (iv), and (vi) of such section), except that for purposes of the computation under this subparagraph, section 1087–1(b)(2)(I)(i)(III) of this title shall be applied by substituting “1.79 percent” for “2.34 percent”.
    (F) The winning bids for each State auction shall be the 2 bids containing the lowest and the second lowest proposed special allowance payments, subject to subparagraph (E).
    (i) Each eligible lender having a winning bid under subparagraph (F) shall enter into an agreement with the Secretary under which the eligible lender—
    (I) agrees to originate eligible Federal PLUS Loans under this paragraph to each borrower who—
    (aa) seeks an eligible Federal PLUS Loan under this paragraph to enable a dependent student to attend an institution of higher education within the State;
    (bb) is eligible for an eligible Federal PLUS Loan; and
    (cc) elects to borrow from the eligible lender; and
    (II) agrees to accept a special allowance payment (after the application of section 1087–1(b)(2)(I)(v) of this title) from the Secretary with respect to the eligible Federal PLUS Loans originated under subclause (I) in the amount proposed in the second lowest winning bid described in subparagraph (F) for the applicable State auction.
    (ii) If an eligible lender with a winning bid under subparagraph (F) fails to enter into the agreement required under clause (i), or fails to comply with the terms of such agreement, the Secretary may sanction such eligible lender through one or more of the following:
    (I) The assessment of a penalty on such eligible lender for any eligible Federal PLUS Loans that such eligible lender fails to originate under this paragraph in accordance with the agreement required under clause (i), in the amount of the additional costs (including the amounts of any increase in special allowance payments) incurred by the Secretary in obtaining another eligible lender to originate such eligible Federal PLUS Loans. The Secretary shall collect such penalty by—
    (aa) reducing the amount of any payments otherwise due to such eligible lender from the Secretary by the amount of the penalty; or
    (bb) requesting any other Federal agency to reduce the amount of any payments due to such eligible lender from such agency by the amount of the penalty, in accordance with section 3716 of title 31.
    (II) A prohibition of bidding by such lender in other auctions under this section.
    (III) The limitation, suspension, or termination of such eligible lender’s participation in the loan program under part B.
    (IV) Any other enforcement action the Secretary is authorized to take under part B.
    (H) All bids are sealed and the Secretary keeps the bids confidential, including following the announcement of the winning bids.
    (i) In the event that there is no winning bid under subparagraph (F), the students at the institutions of higher education within the State that was the subject of the auction shall be served by an eligible lender of last resort, as determined by the Secretary.
    (ii) Prior to the start of any auction under this paragraph, eligible lenders that desire to serve as an eligible lender of last resort shall submit an application to the Secretary at such time and in such manner as the Secretary may determine. Such application shall include an assurance that the eligible lender will meet the prequalification requirements described in subparagraph (B).
    (iii) The Secretary shall identify an eligible lender of last resort for each State.
    (iv) The Secretary shall not identify any eligible lender of last resort until after the announcement of all the winning bids for a State auction for any year.
    (v) The Secretary is authorized to set a special allowance payment that shall be payable to a lender of last resort for a State under this subparagraph, which special allowance payment shall be kept confidential, including following the announcement of winning bids. The Secretary shall set such special allowance payment so that it incurs the lowest possible cost to the Federal Government, taking into consideration the lowest bid that was submitted in an auction for such State and the lowest bid submitted in a similar State, as determined by the Secretary.
    (J) Each eligible Federal PLUS Loan originated under this paragraph shall be insured by a guaranty agency in accordance with part B, except that, notwithstanding section 1078(b)(1)(G) of this title, such insurance shall be in an amount equal to 99 percent of the unpaid principal and interest due on the loan.
    (K) The Secretary shall not collect a loan fee under section 1087–1(d) of this title with respect to an eligible Federal Plus Loan originated under this paragraph.
    (i) An eligible lender who is permitted to originate eligible Federal PLUS Loans for a borrower under this paragraph shall have the option to consolidate such loans into 1 loan.
    (ii) In the event a borrower with eligible Federal PLUS Loans made under this paragraph wishes to consolidate the loans, the borrower shall notify the eligible lender who originated the loans under this paragraph.
    (iii) The option described in clause (i) shall not apply if—
    (I) the borrower includes in the notification in clause (ii) verification of consolidation terms and conditions offered by an eligible lender other than the eligible lender described in clause (i); and
    (II) not later than 10 days after receiving such notification from the borrower, the eligible lender described in clause (i) does not agree to match such terms and conditions, or provide more favorable terms and conditions to such borrower than the offered terms and conditions described in subclause (I).
    (iv) If a borrower has a Federal Direct PLUS Loan or a loan made on behalf of a dependent student under section 1078–2 of this title and seeks to consolidate such loan with an eligible Federal PLUS Loan made under this paragraph, then the eligible lender that originated the borrower’s loan under this paragraph may include in the consolidation under this subparagraph a Federal Direct PLUS Loan or a loan made on behalf of a dependent student under section 1078–2 of this title, but only if—
    (I) in the case of a Federal Direct PLUS Loan, the eligible lender agrees, not later than 10 days after the borrower requests such consolidation from the lender, to match the consolidation terms and conditions that would otherwise be available to the borrower if the borrower consolidated such loans in the loan program under part D; or
    (II) in the case of a loan made on behalf of a dependent student under section 1078–2 of this title, the eligible lender agrees, not later than 10 days after the borrower requests such consolidation from the lender, to match the consolidation terms and conditions offered by an eligible lender other than the eligible lender that originated the borrower’s loans under this paragraph.
    (v) The applicable special allowance payment for loans consolidated under this paragraph shall be equal to the lesser of—
    (I) the weighted average of the special allowance payment on such loans, except that in calculating such weighted average the Secretary shall exclude any Federal Direct PLUS Loan included in the consolidation; or
    (II) the result of—
    (aa) the average of the bond equivalent rates of the quotes of the 3-month commercial paper (financial) rates in effect for each of the days in such quarter as reported by the Federal Reserve in Publication H–15 (or its successor) for such 3-month period; plus
    (bb) 1.59 percent.
    (vi) Any loan under section 1078–3 of this title consolidated under this paragraph shall not be subject to the interest payment rebate fee under section 1078–3(f) of this title.
  • 20 U.S.C. § 1099d(b)(1)
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    (1) During the period beginning on September 27, 2007, and ending on June 30, 2009, the Secretary shall plan and implement the pilot program under this subsection. During the planning and implementation, the Secretary shall consult with other Federal agencies with knowledge of, and experience with, auction programs, including the Federal Communication Commission and the Department of the Treasury.
  • 20 U.S.C. § 1099d(b)(2)
    Go to provision →
    (2) Beginning on July 1, 2009, the Secretary shall arrange for the origination and disbursement of all eligible Federal PLUS Loans in accordance with the provisions of this subsection and the provisions of section 1078–2 of this title that are not inconsistent with this subsection.
  • 20 U.S.C. § 1099d(b)(3)
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    (3) The Secretary shall establish a loan origination auction mechanism that meets the following requirements:
    (A) The Secretary administers an auction under this paragraph for each State, under which eligible lenders compete to originate eligible Federal PLUS Loans under this paragraph at all institutions of higher education within such State.
    (B) The Secretary establishes a prequalification process for eligible lenders desiring to participate in an auction under this paragraph that contains, at a minimum—
    (i) a set of borrower benefits and servicing requirements each eligible lender shall meet in order to participate in such an auction;
    (ii) an assessment of each such eligible lender’s capacity, including capital capacity, to participate effectively; and
    (iii) a commitment from such eligible lender that, if the lender has a winning bid under subparagraph (F), the lender will enter into the agreement required under subparagraph (G).
    (C) Each State auction takes place every 2 years, and the eligible lenders with the winning bids for the State are the only eligible lenders permitted to originate eligible Federal PLUS Loans made under this paragraph for the cohort of students at the institutions of higher education within the State until the students graduate from or leave the institutions of higher education.
    (D) Each eligible lender’s bid consists of the amount of the special allowance payment (after the application of section 1087–1(b)(2)(I)(v) of this title) the eligible lender proposes to accept from the Secretary with respect to the eligible Federal PLUS Loans made under this paragraph in lieu of the amount determined under section 1087–1(b)(2)(I) of this title.
    (E) The maximum bid allowable under this paragraph shall not exceed the amount of the special allowance payable on eligible Federal PLUS Loans made under this paragraph computed under section 1087–1(b)(2)(I) of this title (other than clauses (ii), (iii), (iv), and (vi) of such section), except that for purposes of the computation under this subparagraph, section 1087–1(b)(2)(I)(i)(III) of this title shall be applied by substituting “1.79 percent” for “2.34 percent”.
    (F) The winning bids for each State auction shall be the 2 bids containing the lowest and the second lowest proposed special allowance payments, subject to subparagraph (E).
    (i) Each eligible lender having a winning bid under subparagraph (F) shall enter into an agreement with the Secretary under which the eligible lender—
    (I) agrees to originate eligible Federal PLUS Loans under this paragraph to each borrower who—
    (aa) seeks an eligible Federal PLUS Loan under this paragraph to enable a dependent student to attend an institution of higher education within the State;
    (bb) is eligible for an eligible Federal PLUS Loan; and
    (cc) elects to borrow from the eligible lender; and
    (II) agrees to accept a special allowance payment (after the application of section 1087–1(b)(2)(I)(v) of this title) from the Secretary with respect to the eligible Federal PLUS Loans originated under subclause (I) in the amount proposed in the second lowest winning bid described in subparagraph (F) for the applicable State auction.
    (ii) If an eligible lender with a winning bid under subparagraph (F) fails to enter into the agreement required under clause (i), or fails to comply with the terms of such agreement, the Secretary may sanction such eligible lender through one or more of the following:
    (I) The assessment of a penalty on such eligible lender for any eligible Federal PLUS Loans that such eligible lender fails to originate under this paragraph in accordance with the agreement required under clause (i), in the amount of the additional costs (including the amounts of any increase in special allowance payments) incurred by the Secretary in obtaining another eligible lender to originate such eligible Federal PLUS Loans. The Secretary shall collect such penalty by—
    (aa) reducing the amount of any payments otherwise due to such eligible lender from the Secretary by the amount of the penalty; or
    (bb) requesting any other Federal agency to reduce the amount of any payments due to such eligible lender from such agency by the amount of the penalty, in accordance with section 3716 of title 31.
    (II) A prohibition of bidding by such lender in other auctions under this section.
    (III) The limitation, suspension, or termination of such eligible lender’s participation in the loan program under part B.
    (IV) Any other enforcement action the Secretary is authorized to take under part B.
    (H) All bids are sealed and the Secretary keeps the bids confidential, including following the announcement of the winning bids.
    (i) In the event that there is no winning bid under subparagraph (F), the students at the institutions of higher education within the State that was the subject of the auction shall be served by an eligible lender of last resort, as determined by the Secretary.
    (ii) Prior to the start of any auction under this paragraph, eligible lenders that desire to serve as an eligible lender of last resort shall submit an application to the Secretary at such time and in such manner as the Secretary may determine. Such application shall include an assurance that the eligible lender will meet the prequalification requirements described in subparagraph (B).
    (iii) The Secretary shall identify an eligible lender of last resort for each State.
    (iv) The Secretary shall not identify any eligible lender of last resort until after the announcement of all the winning bids for a State auction for any year.
    (v) The Secretary is authorized to set a special allowance payment that shall be payable to a lender of last resort for a State under this subparagraph, which special allowance payment shall be kept confidential, including following the announcement of winning bids. The Secretary shall set such special allowance payment so that it incurs the lowest possible cost to the Federal Government, taking into consideration the lowest bid that was submitted in an auction for such State and the lowest bid submitted in a similar State, as determined by the Secretary.
    (J) Each eligible Federal PLUS Loan originated under this paragraph shall be insured by a guaranty agency in accordance with part B, except that, notwithstanding section 1078(b)(1)(G) of this title, such insurance shall be in an amount equal to 99 percent of the unpaid principal and interest due on the loan.
    (K) The Secretary shall not collect a loan fee under section 1087–1(d) of this title with respect to an eligible Federal Plus Loan originated under this paragraph.
    (i) An eligible lender who is permitted to originate eligible Federal PLUS Loans for a borrower under this paragraph shall have the option to consolidate such loans into 1 loan.
    (ii) In the event a borrower with eligible Federal PLUS Loans made under this paragraph wishes to consolidate the loans, the borrower shall notify the eligible lender who originated the loans under this paragraph.
    (iii) The option described in clause (i) shall not apply if—
    (I) the borrower includes in the notification in clause (ii) verification of consolidation terms and conditions offered by an eligible lender other than the eligible lender described in clause (i); and
    (II) not later than 10 days after receiving such notification from the borrower, the eligible lender described in clause (i) does not agree to match such terms and conditions, or provide more favorable terms and conditions to such borrower than the offered terms and conditions described in subclause (I).
    (iv) If a borrower has a Federal Direct PLUS Loan or a loan made on behalf of a dependent student under section 1078–2 of this title and seeks to consolidate such loan with an eligible Federal PLUS Loan made under this paragraph, then the eligible lender that originated the borrower’s loan under this paragraph may include in the consolidation under this subparagraph a Federal Direct PLUS Loan or a loan made on behalf of a dependent student under section 1078–2 of this title, but only if—
    (I) in the case of a Federal Direct PLUS Loan, the eligible lender agrees, not later than 10 days after the borrower requests such consolidation from the lender, to match the consolidation terms and conditions that would otherwise be available to the borrower if the borrower consolidated such loans in the loan program under part D; or
    (II) in the case of a loan made on behalf of a dependent student under section 1078–2 of this title, the eligible lender agrees, not later than 10 days after the borrower requests such consolidation from the lender, to match the consolidation terms and conditions offered by an eligible lender other than the eligible lender that originated the borrower’s loans under this paragraph.
    (v) The applicable special allowance payment for loans consolidated under this paragraph shall be equal to the lesser of—
    (I) the weighted average of the special allowance payment on such loans, except that in calculating such weighted average the Secretary shall exclude any Federal Direct PLUS Loan included in the consolidation; or
    (II) the result of—
    (aa) the average of the bond equivalent rates of the quotes of the 3-month commercial paper (financial) rates in effect for each of the days in such quarter as reported by the Federal Reserve in Publication H–15 (or its successor) for such 3-month period; plus
    (bb) 1.59 percent.
    (vi) Any loan under section 1078–3 of this title consolidated under this paragraph shall not be subject to the interest payment rebate fee under section 1078–3(f) of this title.
  • 20 U.S.C. § 1099d(b)(3)(A)
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    (A) The Secretary administers an auction under this paragraph for each State, under which eligible lenders compete to originate eligible Federal PLUS Loans under this paragraph at all institutions of higher education within such State.
  • 20 U.S.C. § 1099d(b)(3)(B)
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    (B) The Secretary establishes a prequalification process for eligible lenders desiring to participate in an auction under this paragraph that contains, at a minimum—
    (i) a set of borrower benefits and servicing requirements each eligible lender shall meet in order to participate in such an auction;
    (ii) an assessment of each such eligible lender’s capacity, including capital capacity, to participate effectively; and
    (iii) a commitment from such eligible lender that, if the lender has a winning bid under subparagraph (F), the lender will enter into the agreement required under subparagraph (G).
  • 20 U.S.C. § 1099d(b)(3)(D)
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    (D) Each eligible lender’s bid consists of the amount of the special allowance payment (after the application of section 1087–1(b)(2)(I)(v) of this title) the eligible lender proposes to accept from the Secretary with respect to the eligible Federal PLUS Loans made under this paragraph in lieu of the amount determined under section 1087–1(b)(2)(I) of this title.
  • 20 U.S.C. § 1099d(b)(3)(G)(i)
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    (i) Each eligible lender having a winning bid under subparagraph (F) shall enter into an agreement with the Secretary under which the eligible lender—
    (I) agrees to originate eligible Federal PLUS Loans under this paragraph to each borrower who—
    (aa) seeks an eligible Federal PLUS Loan under this paragraph to enable a dependent student to attend an institution of higher education within the State;
    (bb) is eligible for an eligible Federal PLUS Loan; and
    (cc) elects to borrow from the eligible lender; and
    (II) agrees to accept a special allowance payment (after the application of section 1087–1(b)(2)(I)(v) of this title) from the Secretary with respect to the eligible Federal PLUS Loans originated under subclause (I) in the amount proposed in the second lowest winning bid described in subparagraph (F) for the applicable State auction.
  • 20 U.S.C. § 1099d(b)(3)(G)(i)(II)
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    (II) agrees to accept a special allowance payment (after the application of section 1087–1(b)(2)(I)(v) of this title) from the Secretary with respect to the eligible Federal PLUS Loans originated under subclause (I) in the amount proposed in the second lowest winning bid described in subparagraph (F) for the applicable State auction.
  • 20 U.S.C. § 1099d(b)(3)(G)(ii)
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    (ii) If an eligible lender with a winning bid under subparagraph (F) fails to enter into the agreement required under clause (i), or fails to comply with the terms of such agreement, the Secretary may sanction such eligible lender through one or more of the following:
    (I) The assessment of a penalty on such eligible lender for any eligible Federal PLUS Loans that such eligible lender fails to originate under this paragraph in accordance with the agreement required under clause (i), in the amount of the additional costs (including the amounts of any increase in special allowance payments) incurred by the Secretary in obtaining another eligible lender to originate such eligible Federal PLUS Loans. The Secretary shall collect such penalty by—
    (aa) reducing the amount of any payments otherwise due to such eligible lender from the Secretary by the amount of the penalty; or
    (bb) requesting any other Federal agency to reduce the amount of any payments due to such eligible lender from such agency by the amount of the penalty, in accordance with section 3716 of title 31.
    (II) A prohibition of bidding by such lender in other auctions under this section.
    (III) The limitation, suspension, or termination of such eligible lender’s participation in the loan program under part B.
    (IV) Any other enforcement action the Secretary is authorized to take under part B.
  • 20 U.S.C. § 1099d(b)(3)(G)(ii)(I)
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    (I) The assessment of a penalty on such eligible lender for any eligible Federal PLUS Loans that such eligible lender fails to originate under this paragraph in accordance with the agreement required under clause (i), in the amount of the additional costs (including the amounts of any increase in special allowance payments) incurred by the Secretary in obtaining another eligible lender to originate such eligible Federal PLUS Loans. The Secretary shall collect such penalty by—
    (aa) reducing the amount of any payments otherwise due to such eligible lender from the Secretary by the amount of the penalty; or
    (bb) requesting any other Federal agency to reduce the amount of any payments due to such eligible lender from such agency by the amount of the penalty, in accordance with section 3716 of title 31.
  • 20 U.S.C. § 1099d(b)(3)(G)(ii)(I)(aa)
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    (aa) reducing the amount of any payments otherwise due to such eligible lender from the Secretary by the amount of the penalty; or
  • 20 U.S.C. § 1099d(b)(3)(G)(ii)(IV)
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    (IV) Any other enforcement action the Secretary is authorized to take under part B.
  • 20 U.S.C. § 1099d(b)(3)(H)
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    (H) All bids are sealed and the Secretary keeps the bids confidential, including following the announcement of the winning bids.
  • 20 U.S.C. § 1099d(b)(3)(I)(i)
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    (i) In the event that there is no winning bid under subparagraph (F), the students at the institutions of higher education within the State that was the subject of the auction shall be served by an eligible lender of last resort, as determined by the Secretary.
  • 20 U.S.C. § 1099d(b)(3)(I)(ii)
    Go to provision →
    (ii) Prior to the start of any auction under this paragraph, eligible lenders that desire to serve as an eligible lender of last resort shall submit an application to the Secretary at such time and in such manner as the Secretary may determine. Such application shall include an assurance that the eligible lender will meet the prequalification requirements described in subparagraph (B).
  • 20 U.S.C. § 1099d(b)(3)(I)(iii)
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    (iii) The Secretary shall identify an eligible lender of last resort for each State.
  • 20 U.S.C. § 1099d(b)(3)(I)(iv)
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    (iv) The Secretary shall not identify any eligible lender of last resort until after the announcement of all the winning bids for a State auction for any year.
  • 20 U.S.C. § 1099d(b)(3)(I)(v)
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    (v) The Secretary is authorized to set a special allowance payment that shall be payable to a lender of last resort for a State under this subparagraph, which special allowance payment shall be kept confidential, including following the announcement of winning bids. The Secretary shall set such special allowance payment so that it incurs the lowest possible cost to the Federal Government, taking into consideration the lowest bid that was submitted in an auction for such State and the lowest bid submitted in a similar State, as determined by the Secretary.
  • 20 U.S.C. § 1099d(b)(3)(K)
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    (K) The Secretary shall not collect a loan fee under section 1087–1(d) of this title with respect to an eligible Federal Plus Loan originated under this paragraph.
  • 20 U.S.C. § 1099d(b)(3)(L)(v)(I)
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    (I) the weighted average of the special allowance payment on such loans, except that in calculating such weighted average the Secretary shall exclude any Federal Direct PLUS Loan included in the consolidation; or
  • 20 U.S.C. § 1099d(c)
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    (c) The Secretary and Secretary of the Treasury shall jointly conduct an evaluation, in consultation with the Office of Management and Budget, the Congressional Budget Office, and the Comptroller General, of the pilot program carried out by the Secretary under this section. The evaluation shall determine—
    (1) the extent of the savings to the Federal Government that are generated through the pilot program, compared to the cost the Federal Government would have incurred in operating the PLUS loan program under section 1078–2 of this title in the absence of the pilot program;
    (2) the number of lenders that participated in the pilot program, and the extent to which the pilot program generated competition among lenders to participate in the auctions under the pilot program;
    (3) the number and volume of loans made under the pilot program in each State;
    (4) the effect of the transition to and operation of the pilot program on the ability of—
    (A) lenders participating in the pilot program to originate loans made through the pilot program smoothly and efficiently;
    (B) institutions of higher education participating in the pilot program to disburse loans made through the pilot program smoothly and efficiently; and
    (C) parents to obtain loans made through the pilot program in a timely and efficient manner;
    (5) the differential impact, if any, of the auction among the States, including between rural and non-rural States; and
    (6) the feasibility of using the mechanism piloted to operate the other loan programs under part B of this subchapter.
  • 20 U.S.C. § 1099d(d)(1)
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    (1) The Secretary and the Secretary of the Treasury shall submit to the authorizing committees—
    (A) not later than September 1, 2010, a preliminary report regarding the findings of the evaluation described in subsection (c);
    (B) not later than September 1, 2012, an interim report regarding such findings; and
    (C) not later than September 1, 2013, a final report regarding such findings.
  • 20 U.S.C. § 1099d(d)(2)
    Go to provision →
    (2) The Secretary shall include, in each report required under subparagraphs (A), (B), and (C) of paragraph (1), any recommendations, that are based on the findings of the evaluation under subsection (c), for—
    (A) improving the operation and administration of the auction; and
    (B) improving the operation and administration of other loan programs under part B.
  • 20 U.S.C. § 1101(c)
    Go to provision →
    (c) The Secretary shall provide grants and related assistance to Hispanic-serving institutions to enable such institutions to improve and expand their capacity to serve Hispanic students and other low-income individuals.
  • 20 U.S.C. § 1101a(a)(2)(A)(iv)
    Go to provision →
    (iv) that is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be reliable authority as to the quality of training offered or that is, according to such an agency or association, making reasonable progress toward accreditation;
  • 20 U.S.C. § 1101a(a)(2)(A)(v)
    Go to provision →
    (v) that meets such other requirements as the Secretary may prescribe; and
  • 20 U.S.C. § 1101b(b)(16)(B)
    Go to provision →
    (B) are approved by the Secretary as part of the review and acceptance of such application.
  • 20 U.S.C. § 1101b(c)(3)
    Go to provision →
    (3) The provisions of part C of subchapter III regarding the establishment or increase of an endowment fund, that the Secretary determines are not inconsistent with this subsection, shall apply to funds used under paragraph (1).
  • 20 U.S.C. § 1101c(a)
    Go to provision →
    (a) The Secretary may award a grant to a Hispanic-serving institution under this subchapter for 5 years.
  • 20 U.S.C. § 1101c(b)
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    (b) Notwithstanding subsection (a), the Secretary may award a grant to a Hispanic-serving institution under this subchapter for a period of 1 year for the purpose of preparation of plans and applications for a grant under this subchapter.
  • 20 U.S.C. § 1102a(a)
    Go to provision →
    (a) Subject to the availability of funds appropriated to carry out this part, the Secretary shall award grants, on a competitive basis, to eligible institutions to enable the eligible institutions to carry out the authorized activities described in section 1102b of this title.
  • 20 U.S.C. § 1102b(8)(B)
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    (B) are approved by the Secretary as part of the review and acceptance of such application.
  • 20 U.S.C. § 1102c(a)
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    (a) Any eligible institution may apply for a grant under this part by submitting an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall demonstrate how the grant funds will be used to improve postbaccalaureate education opportunities for Hispanic and low-income students.
  • 20 U.S.C. § 1102c(c)
    Go to provision →
    (c) The Secretary may not award more than one grant under this part in any fiscal year to any Hispanic-serving institution.
  • 20 U.S.C. § 1103(a)
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    (a) Each Hispanic-serving institution desiring to receive assistance under this subchapter shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is a Hispanic-serving institution as defined in section 1101a of this title, along with such other data and information as the Secretary may by regulation require.
  • 20 U.S.C. § 1103(b)(1)
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    (1) Any institution which is eligible for assistance under this subchapter shall submit to the Secretary an application for assistance at such time, in such form, and containing such information, as may be necessary to enable the Secretary to evaluate the institution’s need for assistance. Subject to the availability of appropriations to carry out this subchapter, the Secretary may approve an application for a grant under this subchapter only if the Secretary determines that—
    (A) the application meets the requirements of subsection (c); and
    (B) the institution is eligible for assistance in accordance with the provisions of this subchapter under which the assistance is sought.
  • 20 U.S.C. § 1103(b)(2)
    Go to provision →
    (2) In carrying out paragraph (1), the Secretary may develop a preliminary application for use by Hispanic-serving institutions applying under this subchapter prior to the submission of the principal application.
  • 20 U.S.C. § 1103(c)(1)
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    (1) set forth, or describe how the institution will develop, a comprehensive development plan to strengthen the institution’s academic quality and institutional management, and otherwise provide for institutional self-sufficiency and growth (including measurable objectives for the institution and the Secretary to use in monitoring the effectiveness of activities under this subchapter);
  • 20 U.S.C. § 1103(c)(8)
    Go to provision →
    (8) provide for making reports, in such form and containing such information, as the Secretary may require to carry out the Secretary’s functions under this subchapter, including not less than one report annually setting forth the institution’s progress toward achieving the objectives for which the funds were awarded and for keeping such records and affording such access to such records, as the Secretary may find necessary to assure the correctness and verification of such reports; and
  • 20 U.S.C. § 1103(c)(9)
    Go to provision →
    (9) include such other information as the Secretary may prescribe.
  • 20 U.S.C. § 1103(d)
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    (d) With respect to applications for assistance under this section, the Secretary shall give priority to an application that contains satisfactory evidence that the Hispanic-serving institution has entered into or will enter into a collaborative arrangement with at least one local educational agency or community-based organization to provide such agency or organization with assistance (from funds other than funds provided under this subchapter) in reducing dropout rates for Hispanic students, improving rates of academic achievement for Hispanic students, and increasing the rates at which Hispanic secondary school graduates enroll in higher education.
  • 20 U.S.C. § 1103(e)
    Go to provision →
    (e) The Secretary shall use the most recent and relevant data concerning the number and percentage of students receiving need-based assistance under subchapter IV in making eligibility determinations and shall advance the base-year for the determinations forward following each annual grant cycle.
  • 20 U.S.C. § 1103a(a)
    Go to provision →
    (a) The Secretary may waive the requirements set forth in section 1101a(a)(2)(A)(i) of this title in the case of an institution—
    (1) that is extensively subsidized by the State in which the institution is located and charges low or no tuition;
    (2) that serves a substantial number of low-income students as a percentage of the institution’s total student population;
    (3) that is contributing substantially to increasing higher education opportunities for educationally disadvantaged, underrepresented, or minority students, who are low-income individuals;
    (4) which is substantially increasing higher educational opportunities for individuals in rural or other isolated areas which are unserved by postsecondary institutions; or
    (5) wherever located, if the Secretary determines that the waiver will substantially increase higher education opportunities appropriate to the needs of Hispanic Americans.
  • 20 U.S.C. § 1103a(a)(5)
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    (5) wherever located, if the Secretary determines that the waiver will substantially increase higher education opportunities appropriate to the needs of Hispanic Americans.
  • 20 U.S.C. § 1103a(b)(1)
    Go to provision →
    (1) The Secretary may waive the requirements set forth in section 1101a(a)(2)(A)(ii) of this title if the Secretary determines, based on persuasive evidence submitted by the institution, that the institution’s failure to meet the requirements is due to factors which, when used in the determination of compliance with the requirements, distort such determination, and that the institution’s designation as an eligible institution under part A is otherwise consistent with the purposes of this subchapter.
  • 20 U.S.C. § 1103a(b)(2)
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    (2) The Secretary shall submit to Congress every other year a report concerning the institutions that, although not satisfying the requirements of section 1101a(a)(2)(A)(ii) of this title, have been determined to be eligible institutions under part A. Such report shall—
    (A) identify the factors referred to in paragraph (1) that were considered by the Secretary as factors that distorted the determination of compliance with clauses (i) and (ii) of section 1101a(a)(2)(A) of this title; and
    (B) contain a list of each institution determined to be an eligible institution under part A including a statement of the reasons for each such determination.
  • 20 U.S.C. § 1103a(b)(2)(A)
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    (A) identify the factors referred to in paragraph (1) that were considered by the Secretary as factors that distorted the determination of compliance with clauses (i) and (ii) of section 1101a(a)(2)(A) of this title; and
  • 20 U.S.C. § 1103b(a)
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    (a) All applications submitted under this subchapter by Hispanic-serving institutions shall be read by a panel of readers composed of individuals who are selected by the Secretary and who include individuals representing Hispanic-serving institutions. The Secretary shall ensure that no individual assigned under this section to review any application has any conflict of interest with regard to the application that might impair the impartiality with which the individual conducts the review under this section.
  • 20 U.S.C. § 1103b(b)
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    (b) All readers selected by the Secretary shall receive thorough instruction from the Secretary regarding the evaluation process for applications submitted under this subchapter that are consistent with the provisions of this subchapter, including—
    (1) an enumeration of the factors to be used to determine the quality of applications submitted under this subchapter; and
    (2) an enumeration of the factors to be used to determine whether a grant should be awarded for a project under this subchapter, the amount of any such grant, and the duration of any such grant.
  • 20 U.S.C. § 1103b(c)
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    (c) In awarding grants under this subchapter, the Secretary shall take into consideration the recommendations of the panel made under subsection (a).
  • 20 U.S.C. § 1103b(d)
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    (d) Not later than June 30 of each year, the Secretary shall notify each Hispanic-serving institution making an application under this subchapter of—
    (1) the scores given the institution by the panel pursuant to this section;
    (2) the recommendations of the panel with respect to such application; and
    (3) the reasons for the decision of the Secretary in awarding or refusing to award a grant under this subchapter, and any modifications, if any, in the recommendations of the panel made by the Secretary.
  • 20 U.S.C. § 1103b(d)(3)
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    (3) the reasons for the decision of the Secretary in awarding or refusing to award a grant under this subchapter, and any modifications, if any, in the recommendations of the panel made by the Secretary.
  • 20 U.S.C. § 1103c(a)
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    (a) The Secretary may make grants to encourage cooperative arrangements with funds available to carry out this subchapter, between Hispanic-serving institutions eligible for assistance under this subchapter, and between such institutions and institutions not receiving assistance under this subchapter, for the activities described in sections 1101b and 1102b of this title so that the resources of the cooperating institutions might be combined and shared in order to achieve the purposes of this subchapter, to avoid costly duplicative efforts, and to enhance the development of Hispanic-serving institutions.
  • 20 U.S.C. § 1103c(b)
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    (b) The Secretary shall give priority to grants for the purposes described under subsection (a) whenever the Secretary determines that the cooperative arrangement is geographically and economically sound or will benefit the applicant Hispanic-serving institution.
  • 20 U.S.C. § 1103d(a)
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    (a) Each Hispanic-serving institution that the Secretary determines to be an institution eligible under this subchapter may be eligible for waivers in accordance with subsection (b).
  • 20 U.S.C. § 1103d(b)(1)
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    (1) Subject to, and in accordance with, regulations promulgated for the purpose of this section, in the case of any application by a Hispanic-serving institution referred to in subsection (a) for assistance under any programs specified in paragraph (2), the Secretary is authorized, if such application is otherwise approvable, to waive any requirement for a non-Federal share of the cost of the program or project, or, to the extent not inconsistent with other law, to give, or require to be given, priority consideration of the application in relation to applications from other institutions.
  • 20 U.S.C. § 1103d(c)
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    (c) The Secretary shall not waive, under subsection (b), the non-Federal share requirement for any program for applications which, if approved, would require the expenditure of more than 10 percent of the appropriations for the program for any fiscal year.
  • 20 U.S.C. § 1103g(b)
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    (b) In the event of a multiple year award to any Hispanic-serving institution under this subchapter, the Secretary shall make funds available for such award from funds appropriated for this subchapter for the fiscal year in which such funds are to be used by the institution.
  • 20 U.S.C. § 1121(c)(1)
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    (1) The Secretary shall, prior to requesting applications for funding under this subchapter during each grant cycle, consult with and receive recommendations regarding national need for expertise in foreign languages and world regions from the head officials of a wide range of Federal agencies.
  • 20 U.S.C. § 1121(c)(2)
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    (2) The Secretary—
    (A) may take into account the recommendations described in paragraph (1); and
    (B) shall—
    (i) provide information collected under paragraph (1) when requesting applications for funding under this subchapter; and
    (ii) make available to applicants a list of areas identified as areas of national need.
  • 20 U.S.C. § 1121(d)
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    (d) The Secretary shall assist grantees in developing a survey to administer to students who have completed programs under this subchapter to determine postgraduate employment, education, or training. All grantees, where applicable, shall administer such survey once every two years and report survey results to the Secretary.
  • 20 U.S.C. § 1122(a)(1)(A)
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    (A) The Secretary is authorized to make grants to institutions of higher education or consortia of such institutions for the purpose of establishing, strengthening, and operating—
    (i) comprehensive foreign language and area or international studies centers and programs; and
    (ii) a diverse network of undergraduate foreign language and area or international studies centers and programs.
  • 20 U.S.C. § 1122(a)(3)
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    (3) The Secretary may make grants to centers described in paragraph (1) having important library collections, as determined by the Secretary, for the maintenance of such collections.
  • 20 U.S.C. § 1122(a)(4)
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    (4) The Secretary may make additional grants to centers described in paragraph (1) for any one or more of the following purposes:
    (A) Programs of linkage or outreach between foreign language, area studies, or other international fields, and professional schools and colleges.
    (B) Programs of linkage or outreach with 2- and 4-year colleges and universities.
    (C) Programs of linkage or outreach between or among—
    (i) postsecondary programs or departments in foreign language, area studies, or other international fields; and
    (ii) State educational agencies or local educational agencies.
    (D) Partnerships or programs of linkage and outreach with departments or agencies of Federal and State governments, including Federal or State scholarship programs for students in related areas.
    (E) Programs of linkage or outreach with the news media, business, professional, or trade associations.
    (F) Summer institutes in area studies, foreign language, and other international fields designed to carry out the programs described in subparagraphs (A), (B), (D), and (E).
  • 20 U.S.C. § 1122(b)(1)
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    (1) The Secretary is authorized to make grants to institutions of higher education or combinations of such institutions for the purpose of paying stipends to individuals undergoing advanced training in any center or program approved by the Secretary.
  • 20 U.S.C. § 1122(c)
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    (c) No funds may be expended under this part for undergraduate travel except in accordance with rules prescribed by the Secretary setting forth policies and procedures to assure that Federal funds made available for such travel are expended as part of a formal program of supervised study.
  • 20 U.S.C. § 1122(e)
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    (e) Each institution of higher education or consortium of such institutions desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information and assurances as the Secretary may require. Each such application shall include—
    (1) an explanation of how the activities funded by the grant will reflect diverse perspectives and a wide range of views and generate debate on world regions and international affairs; and
    (2) a description of how the applicant will encourage government service in areas of national need, as identified by the Secretary, as well as in areas of need in the education, business, and nonprofit sectors.
  • 20 U.S.C. § 1122(e)(2)
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    (2) a description of how the applicant will encourage government service in areas of national need, as identified by the Secretary, as well as in areas of need in the education, business, and nonprofit sectors.
  • 20 U.S.C. § 1123(a)
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    (a) The Secretary is authorized to make grants to and enter into contracts with institutions of higher education, or consortia of such institutions, for the purpose of establishing, strengthening, and operating a small number of national language resource and training centers, which shall serve as resources to improve the capacity to teach and learn foreign languages effectively.
  • 20 U.S.C. § 1123(c)
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    (c) Grants under this section shall reflect the purposes of this part and be made on such conditions as the Secretary determines to be necessary to carry out the provisions of this section.
  • 20 U.S.C. § 1124(a)(1)
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    (1) The Secretary is authorized to make grants to institutions of higher education, consortia of such institutions, or partnerships between nonprofit educational organizations and institutions of higher education, to assist such institutions, consortia or partnerships in planning, developing, and carrying out programs to improve undergraduate instruction in international studies and foreign languages. Such grants shall be awarded to institutions, consortia or partnerships seeking to create new programs or to strengthen existing programs in foreign languages, area studies, and other international fields.
  • 20 U.S.C. § 1124(a)(4)
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    (4) The Secretary may waive or reduce the required non-Federal share for institutions that—
    (A) are eligible to receive assistance under part A or B of subchapter III or under subchapter V; and
    (B) have submitted a grant application under this section that demonstrates a need for a waiver or reduction.
  • 20 U.S.C. § 1124(a)(5)
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    (5) In awarding grants under this section, the Secretary shall give priority to applications from institutions of higher education, consortia or partnerships that require entering students to have successfully completed at least 2 years of secondary school foreign language instruction or that require each graduating student to earn 2 years of postsecondary credit in a foreign language (or have demonstrated equivalent competence in the foreign language) or, in the case of a 2-year degree granting institution, offer 2 years of postsecondary credit in a foreign language.
  • 20 U.S.C. § 1124(a)(6)
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    (6) Grants under this subsection shall reflect the purposes of this part and be made on such conditions as the Secretary determines to be necessary to carry out this subsection.
  • 20 U.S.C. § 1124(a)(7)(G)
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    (G) a description of how the applicant will encourage service in areas of national need, as identified by the Secretary.
  • 20 U.S.C. § 1124(a)(8)
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    (8) The Secretary may establish requirements for program evaluations and require grant recipients to submit annual reports that evaluate the progress and performance of students participating in programs assisted under this subsection.
  • 20 U.S.C. § 1124(b)
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    (b) The Secretary may also award grants to public and private nonprofit agencies and organizations, including professional and scholarly associations, whenever the Secretary determines such grants will make an especially significant contribution to improving undergraduate international studies and foreign language programs.
  • 20 U.S.C. § 1124(c)(1)
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    (1) The Secretary may use not more than 20 percent of the total amount appropriated for this part for carrying out the purposes of this section.
  • 20 U.S.C. § 1125(a)
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    (a) The Secretary may, directly or through grants or contracts, conduct research and studies that contribute to achieving the purposes of this part. Such research and studies may include—
    (1) studies and surveys to determine needs for increased or improved instruction in foreign language, area studies, or other international fields, including the demand for foreign language, area, and other international specialists in government, education, and the private sector;
    (2) studies and surveys to assess the utilization of graduates of programs supported under this subchapter by governmental, educational, and private sector organizations and other studies assessing the outcomes and effectiveness of programs so supported;
    (3) evaluation of the extent to which programs assisted under this subchapter that address national needs would not otherwise be offered;
    (4) comparative studies of the effectiveness of strategies to provide international capabilities at institutions of higher education;
    (5) research on more effective methods of providing instruction and achieving competency in foreign languages, area studies, or other international fields;
    (6) the development and publication of specialized materials for use in foreign language, area studies, and other international fields, or for training foreign language, area, and other international specialists;
    (7) studies and surveys of the uses of technology in foreign language, area studies, and international studies programs;
    (8) studies and evaluations of effective practices in the dissemination of international information, materials, research, teaching strategies, and testing techniques throughout the education community, including elementary and secondary schools;
    (9) the application of performance tests and standards across all areas of foreign language instruction and classroom use;
    (10) evaluation of the extent to which programs assisted under this subchapter reflect diverse perspectives and a wide range of views and generate debate on world regions and international affairs, as described in the grantee’s application;
    (11) the systematic collection, analysis, and dissemination of data that contribute to achieving the purposes of this part; and
    (12) support for programs or activities to make data collected, analyzed, or disseminated under this section publicly available and easy to understand.
  • 20 U.S.C. § 1125(b)
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    (b) The Secretary shall prepare, publish, and announce an annual report listing the books and research materials produced with assistance under this section.
  • 20 U.S.C. § 1126(a)(1)
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    (1) The Secretary is authorized to make grants to institutions of higher education, public or nonprofit private libraries, or partnerships between such institutions and other such institutions, libraries, or nonprofit educational organizations, to develop innovative techniques or programs using electronic technologies to collect, organize, preserve, and widely disseminate information from foreign sources on world regions and countries other than the United States that address our Nation’s teaching and research needs in international education and foreign languages.
  • 20 U.S.C. § 1126(a)(2)
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    (2) The Secretary may award grants under this section to carry out the activities authorized under this section to the following:
    (A) An institution of higher education.
    (B) A public or nonprofit private library.
    (C) A partnership of an institution of higher education and one or more of the following:
    (i) Another institution of higher education.
    (ii) A library.
    (iii) A nonprofit educational organization.
  • 20 U.S.C. § 1126(b)(9)
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    (9) to carry out other activities that the Secretary determines are consistent with the purpose of the grants awarded under this section.
  • 20 U.S.C. § 1126(c)
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    (c) Each institution of higher education, library, or partnership desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information and assurances as the Secretary may reasonably require.
  • 20 U.S.C. § 1127(a)
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    (a) The Secretary shall award grants under section 1122 of this title competitively on the basis of criteria that separately, but not less rigorously, evaluates—
    (1) the applications for comprehensive foreign language and area or international studies centers and programs; and
    (2) the applications for undergraduate foreign language and area or international studies centers and programs.
  • 20 U.S.C. § 1127(b)
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    (b) The Secretary shall set criteria for grants awarded under section 1122 of this title by which a determination of excellence shall be made to meet the differing objectives of graduate and undergraduate institutions. In keeping with the purposes of this part, the Secretary shall take into account the degree to which activities of centers, programs, and fellowships at institutions of higher education address national needs, and generate information for and disseminate information to the public. The Secretary shall also consider an applicant’s record of placing students into postgraduate employment, education, or training in areas of national need and an applicant’s stated efforts to increase the number of such students that go into such placements.
  • 20 U.S.C. § 1127(c)
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    (c) The Secretary shall, to the extent practicable, award grants under this part (other than section 1122 of this title) in such manner as to achieve an equitable distribution of the grant funds throughout the United States, based on the merit of a proposal as determined pursuant to a peer review process involving broadly representative professionals.
  • 20 U.S.C. § 1128(a)
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    (a) The Secretary shall make excellence the criterion for selection of grants awarded under section 1122 of this title.
  • 20 U.S.C. § 1128(b)
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    (b) To the extent practicable and consistent with the criterion of excellence, the Secretary shall award grants under this part (other than section 1122 of this title) in such a manner as will achieve an equitable distribution of funds throughout the United States.
  • 20 U.S.C. § 1128(c)
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    (c) The Secretary shall also award grants under this part in such manner as to ensure that an appropriate portion of the funds appropriated for this part (as determined by the Secretary) are used to support undergraduate education.
  • 20 U.S.C. § 1128a(a)
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    (a) The Secretary is authorized to make grants to and enter into contracts with any American overseas research center that is a consortium of institutions of higher education (hereafter in this section referred to as a “center”) to enable such center to promote postgraduate research, exchanges and area studies.
  • 20 U.S.C. § 1128a(c)
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    (c) The Secretary shall only award grants to and enter into contracts with centers under this section that—
    (1) receive more than 50 percent of their funding from public or private United States sources;
    (2) have a permanent presence in the country in which the center is located; and
    (3) are organizations described in section 501(c)(3) of title 26 which are exempt from taxation under section 501(a) of such title.
  • 20 U.S.C. § 1128a(d)
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    (d) The Secretary is authorized to make grants for the establishment of new centers. The grants may be used to fund activities that, within 1 year, will result in the creation of a center described in subsection (c).
  • 20 U.S.C. § 1128a(e)
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    (e) Each center desiring to receive a grant or contract under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information and assurances as the Secretary may require.
  • 20 U.S.C. § 1130a(a)
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    (a) The Secretary shall make grants to, and enter into contracts with, institutions of higher education to pay the Federal share of the cost of programs designed to promote linkages between such institutions and the American business community engaged in international economic activity. Each program assisted under this section shall both enhance the international academic programs of institutions of higher education and provide appropriate services to the business community which will expand its capacity to engage in commerce abroad.
  • 20 U.S.C. § 1130a(c)
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    (c) No grant may be made and no contract may be entered into under this section unless an institution of higher education submits an application to the Secretary at such time and in such manner as the Secretary may reasonably require. Each such application shall be accompanied by a copy of the agreement entered into by the institution of higher education with a business enterprise, trade organization or association engaged in international economic activity, or a combination or consortium of such enterprises, organizations or associations, for the purpose of establishing, developing, improving or expanding activities eligible for assistance under subsection (b) of this section. Each such application shall contain assurances that the institution of higher education will use the assistance provided under this section to supplement and not to supplant activities conducted by institutions of higher education described in subsection (b). Each such application shall include an assurance that, where applicable, the activities funded by the grant will reflect diverse perspectives and a wide range of views on world regions and international affairs.
  • 20 U.S.C. § 1130–1(a)(2)
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    (2) The Secretary is authorized to make grants to institutions of higher education, or consortia of such institutions, to pay the Federal share of the cost of planning, establishing and operating centers for international business education which—
    (A) will be national resources for the teaching of improved business techniques, strategies, and methodologies which emphasize the international context in which business is transacted;
    (B) will provide instruction in critical foreign languages and international fields needed to provide understanding of the cultures and customs of United States trading partners; and
    (C) will provide research and training in the international aspects of trade, commerce, and other fields of study.
  • 20 U.S.C. § 1130–1(b)(5)
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    (5) training and improvement of the staff, for the purpose of, and subject to such conditions as the Secretary finds necessary for, carrying out the objectives of this section.
  • 20 U.S.C. § 1130–1(c)(2)(G)
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    (G) other eligible activities prescribed by the Secretary.
  • 20 U.S.C. § 1130–1(e)(1)
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    (1) The Secretary shall make grants under this section for a minimum of 3 years unless the Secretary determines that the provision of grants of shorter duration is necessary to carry out the objectives of this section.
  • 20 U.S.C. § 1130–1(e)(4)
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    (4) In the case of an institution of higher education receiving a grant under this part and conducting outreach or consortia activities with another institution of higher education in accordance with subsection (c)(2)(E), the Secretary may waive a portion of the requirements for the non-Federal share required in paragraph (2) equal to the amount provided by the institution of higher education receiving such grant to such other institution of higher education for carrying out such outreach or consortia activities. Any such waiver shall be subject to such terms and conditions as the Secretary deems necessary for carrying out the purposes of this section.
  • 20 U.S.C. § 1130–1(f)
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    (f) Grants under this section shall be made on such conditions as the Secretary determines to be necessary to carry out the objectives of this section. Such conditions shall include—
    (1) evidence that the institution of higher education, or consortium of such institutions, will conduct extensive planning prior to the establishment of a center concerning the scope of the center’s activities and the design of its programs in accordance with subsection (d)(1);
    (2) assurance of ongoing collaboration in the establishment and operation of the center by faculty of the business, management, foreign language, international studies, professional international affairs, and other professional schools or departments, as appropriate;
    (3) assurance that the education and training programs of the center will be open to students concentrating in each of these respective areas, as appropriate, and that diverse perspectives will be made available to students in programs under this section; and
    (4) assurance that the institution of higher education, or consortium of such institutions, will use the assistance provided under this section to supplement and not to supplant activities conducted by institutions of higher education described in subsection (c)(1).
  • 20 U.S.C. § 1131(a)
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    (a) The Secretary is authorized to award a grant, on a competitive basis, to an eligible recipient to enable such recipient to establish an Institute for International Public Policy (hereafter in this part referred to as the “Institute”). The Institute shall conduct a program to enhance the international competitiveness of the United States by increasing the participation of underrepresented populations in the international service, including private international voluntary organizations and the foreign service of the United States. Such program shall include a program for such students to study abroad in their junior year, fellowships for graduate study, internships, intensive academic programs such as summer institutes, or intensive language training.
  • 20 U.S.C. § 1131(c)(1)
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    (1) Each eligible recipient desiring a grant under this section shall submit an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.
  • 20 U.S.C. § 1131a(c)(3)
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    (3) meet such other requirements as the Secretary may from time to time, by regulation, reasonably require.
  • 20 U.S.C. § 1131b
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    The Institute shall provide, in cooperation with the other members participating in the eligible recipient consortium, a program of study leading to an advanced degree in international relations, international affairs, international economics, or other academic areas related to the Institute fellow’s career objectives. The advanced degree study program shall be designed by the consortia, consistent with the fellow’s career objectives, and shall be reviewed and approved by the Secretary. The Institute may grant fellowships in an amount not to exceed the level of support comparable to that provided by the National Science Foundation graduate fellowships, except such amount shall be adjusted as necessary so as not to exceed the fellow’s demonstrated level of need according to measurement of need approved by the Secretary. A fellowship recipient shall agree to undertake full-time study and to enter the international service (including work with private international voluntary organizations) or foreign service of the United States.
  • 20 U.S.C. § 1131c(c)(1)(A)
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    (A) the Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs, or the designee of that Under Secretary;
  • 20 U.S.C. § 1131c(c)(1)(B)
    Go to provision →
    (B) the Assistant Secretary and Director General, of the United States and Foreign Commercial Service of the Department of Commerce, or the Assistant Secretary and Director General’s designee;
  • 20 U.S.C. § 1131c(c)(1)(C)
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    (C) the Under Secretary of Defense for Personnel and Readiness of the Department of Defense, or the Under Secretary’s designee;
  • 20 U.S.C. § 1131c(c)(1)(D)
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    (D) the Assistant Secretary for Postsecondary Education in the Department of Education, or the Assistant Secretary’s designee;
  • 20 U.S.C. § 1131c(c)(2)(A)
    Go to provision →
    (A) on an annual basis inform the Secretary and the Institute regarding ways to advise students participating in the internship program assisted under this section with respect to goals for careers in international affairs;
  • 20 U.S.C. § 1131d
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    The Institute shall prepare a report once every two years on the activities of the Institute and shall submit such report to the Secretary of Education and the Secretary of State.
  • 20 U.S.C. § 1132–1
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    The Secretary may waive or reduce the non-Federal share required under this subchapter for institutions that—
  • 20 U.S.C. § 1132–1(2)
    Go to provision →
    (2) have submitted a grant application under this section that demonstrates a need for a waiver or reduction, as determined by the Secretary.
  • 20 U.S.C. § 1132–2
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    Nothing in this subchapter shall be construed to authorize the Secretary to mandate, direct, or control an institution of higher education’s specific instructional content, curriculum, or program of instruction.
  • 20 U.S.C. § 1132–3
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    The Secretary is authorized to assess and ensure compliance with all the conditions and terms of grants provided under this subchapter.
  • 20 U.S.C. § 1132–4
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    The Secretary may use not more than one percent of the funds made available under this subchapter to carry out program evaluation, national outreach, and information dissemination activities relating to the programs authorized under this subchapter.
  • 20 U.S.C. § 1132–5
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    The Secretary shall, in consultation and collaboration with the Secretary of State, the Secretary of Defense, and the heads of other relevant Federal agencies, submit a report once every two years that identifies areas of national need in foreign language, area, and international studies as such studies relate to government, education, business, and nonprofit needs, and a plan to address those needs. The report shall be provided to the authorizing committees and made available to the public.
  • 20 U.S.C. § 1132–6(b)
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    (b) The Secretary shall develop a program for the awarding of grants to institutions of higher education that develop innovative programs for the teaching of foreign languages, which may include the preparation of teachers to teach foreign languages.
  • 20 U.S.C. § 1132–6(c)
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    (c) The Secretary shall promulgate regulations for the awarding of grants under subsection (b). Such regulations may require institutions of higher education to use grant funds for, among other things—
    (1) the development of an on-campus cultural awareness program by which students attend classes taught in a foreign language and study the science and technology developments and practices in a non-English speaking country;
    (2) immersion programs where students take science or technology related course work in a non-English speaking country;
    (3) other programs, such as summer workshops, that emphasize the intense study of a foreign language and science technology;
    (4) if applicable, recruiting highly qualified teachers in critical foreign languages, and providing professional development activities for such teachers at the elementary school and secondary school levels; and
    (5) providing innovative opportunities for students that will allow for critical language learning, such as immersion environments, intensive study opportunities, internships, and distance learning.
  • 20 U.S.C. § 1132–6(d)
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    (d) In distributing grants to institutions of higher education under this section, the Secretary shall give priority to—
    (1) institutions that have programs focusing on curricula that combine the study of foreign languages and the study of science and technology and produce graduates who have both skills; and
    (2) institutions teaching critical foreign languages.
  • 20 U.S.C. § 1132–6(e)
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    (e) Not later than one year after August 14, 2008, the Secretary shall—
    (1) conduct a study to identify the best practices to strengthen the role of institutions of higher education that receive funding under subchapter III or subchapter V in increasing the critical foreign language education efforts in the United States; and
    (2) submit a report on the results of such study to the authorizing committees.
  • 20 U.S.C. § 1132–7(b)
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    (b) The Secretary shall require an institution of higher education referred to in subsection (a) to report information listed in subsection (a) to the Secretary consistent with the requirements of section 1011f of this title.
  • 20 U.S.C. § 1134(a)
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    (a) The Secretary is authorized to award fellowships in accordance with the provisions of this subpart for graduate study in the arts, humanities, and social sciences by students of superior ability selected on the basis of demonstrated achievement, financial need, and exceptional promise. The fellowships shall be awarded to students who are eligible to receive any grant, loan, or work assistance pursuant to section 1091 of this title and intend to pursue a doctoral degree, except that fellowships may be granted to students pursuing a master’s degree in those fields in which the master’s degree is the terminal highest degree awarded in the area of study. All funds appropriated in a fiscal year shall be obligated and expended to the students for fellowships for use in the academic year beginning after July 1 of the fiscal year following the fiscal year for which the funds were appropriated. The fellowships shall be awarded for only 1 academic year of study and shall be renewable for a period not to exceed 4 years of study.
  • 20 U.S.C. § 1134(d)
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    (d) The Secretary shall make applications for fellowships under this part available not later than October 1 of the academic year preceding the academic year for which fellowships will be awarded, and shall announce the recipients of fellowships under this section not later than March 1 of the academic year preceding the academic year for which the fellowships are awarded.
  • 20 U.S.C. § 1134(e)
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    (e) The Secretary is authorized to enter into a contract with a nongovernmental agency to administer the program assisted under this part if the Secretary determines that entering into the contract is an efficient means of carrying out the program.
  • 20 U.S.C. § 1134a(a)(1)(A)
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    (A) The Secretary shall appoint a Jacob K. Javits Fellows Program Fellowship Board (referred to in this subpart as the “Board”) consisting of 9 individuals representative of both public and private institutions of higher education who are especially qualified to serve on the Board.
  • 20 U.S.C. § 1134a(a)(1)(B)
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    (B) In making appointments under subparagraph (A), the Secretary shall—
    (i) give due consideration to the appointment of individuals who are highly respected in the academic community;
    (ii) appoint members who represent the various geographic regions of the United States;
    (iii) ensure that individuals appointed to the Board are broadly representative of a range of disciplines in graduate education in arts, humanities, and social sciences; and
    (iv) ensure that such individuals include representatives from institutions that are eligible for one or more of the grants under subchapter III or V.
  • 20 U.S.C. § 1134a(a)(2)(B)
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    (B) establish general criteria for the award of fellowships in academic fields identified by the Board, or, in the event that the Secretary enters into a contract with a nongovernmental entity to administer the program assisted under this subpart, by such nongovernmental entity;
  • 20 U.S.C. § 1134a(a)(2)(C)
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    (C) appoint panels of academic scholars with distinguished backgrounds in the arts, humanities, and social sciences for the purpose of selecting fellows, except that, in the event that the Secretary enters into a contract with a nongovernmental entity to administer the program, such panels may be appointed by such nongovernmental entity; and
  • 20 U.S.C. § 1134a(a)(5)
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    (5) The Secretary shall call the first meeting of the Board, at which the first order of business shall be the election of a Chairperson and a Vice Chairperson, who shall serve until 1 year after the date of the appointment of the Chairperson and Vice Chairperson. Thereafter each officer shall be elected for a term of 2 years. In case a vacancy occurs in either office, the Board shall elect an individual from among the members of the Board to fill such vacancy.
  • 20 U.S.C. § 1134a(a)(7)
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    (7) Members of the Board, while serving on the business of the Board, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding the rate of basic pay payable for level IV of the Executive Schedule, including travel time, and while so serving away from their homes or regular places of business, the members may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons in Government service employed intermittently.
  • 20 U.S.C. § 1134a(b)
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    (b) The recipients of fellowships shall be selected in each designated field from among all applicants nationwide in each field by distinguished panels appointed by the Board to make such selections under criteria established by the Board, except that, in the event that the Secretary enters into a contract with a nongovernmental entity to administer the program, such panels may be appointed by such nongovernmental entity. The number of recipients in each field in each year shall not exceed the number of fellows allocated to that field for that year by the Board.
  • 20 U.S.C. § 1134b(a)
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    (a) The Secretary shall pay to individuals awarded fellowships under this subpart such stipends as the Secretary may establish, reflecting the purpose of this program to encourage highly talented students to undertake graduate study as described in this subpart. In the case of an individual who receives such individual’s first stipend under this subpart in academic year 2009–2010 or any succeeding academic year, such stipend shall be set at a level of support equal to that provided by the National Science Foundation Graduate Research Fellowship Program for such academic year, except such amount shall be adjusted as necessary so as not to exceed the fellow’s demonstrated level of need determined in accordance with part F of subchapter IV.
  • 20 U.S.C. § 1134b(b)(1)(A)
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    (A) The Secretary shall (in addition to stipends paid to individuals under this subpart) pay to the institution of higher education, for each individual awarded a fellowship under this subpart at such institution, an institutional allowance. Except as provided in subparagraph (B), such allowance shall be, for academic year 2009–2010 and succeeding academic years, the same amount as the institutional payment made for academic year 2008–2009, adjusted for academic year 2009–2010 and annually thereafter in accordance with inflation as determined by the Department of Labor’s Consumer Price Index for the previous calendar year.
  • 20 U.S.C. § 1134b(b)(2)(A)
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    (A) Beginning March 1, 1992, any applicant for a fellowship under this subpart who has been notified in writing by the Secretary that such applicant has been selected to receive such a fellowship and is subsequently notified that the fellowship award has been withdrawn, shall receive such fellowship unless the Secretary subsequently makes a determination that such applicant submitted fraudulent information on the application.
  • 20 U.S.C. § 1134b(b)(2)(B)
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    (B) Subject to the availability of appropriations, amounts payable to an institution by the Secretary pursuant to this subsection shall not be reduced for any purpose other than the purposes specified under paragraph (1).
  • 20 U.S.C. § 1134c(a)
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    (a) An individual awarded a fellowship under the provisions of this subpart shall continue to receive payments provided in section 1134b of this title only during such periods as the Secretary finds that such individual is maintaining satisfactory proficiency in, and devoting essentially full time to, study or research in the field in which such fellowship was awarded, in an institution of higher education, and is not engaging in gainful employment other than part-time employment by such institution in teaching, research, or similar activities, approved by the Secretary.
  • 20 U.S.C. § 1134c(b)
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    (b) The Secretary is authorized to require reports containing such information in such form and filed at such times as the Secretary determines necessary from any person awarded a fellowship under the provisions of this subpart. The reports shall be accompanied by a certificate from an appropriate official at the institution of higher education, library, archive, or other research center approved by the Secretary, stating that such individual is making satisfactory progress in, and is devoting essentially full time to the program for which the fellowship was awarded.
  • 20 U.S.C. § 1135(a)(1)
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    (1) The Secretary shall make grants to academic departments, programs and other academic units of institutions of higher education that provide courses of study leading to a graduate degree, including a master’s or doctoral degree, in order to enable such institutions to provide assistance to graduate students in accordance with this subpart.
  • 20 U.S.C. § 1135(a)(2)
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    (2) The Secretary may also make grants to such departments, programs and other academic units of institutions of higher education granting graduate degrees which submit joint proposals involving nondegree granting institutions which have formal arrangements for the support of doctoral dissertation research with degree-granting institutions. Nondegree granting institutions eligible for awards as part of such joint proposals include any organization which—
    (A) is described in section 501(c)(3) of title 26, and is exempt from tax under section 501(a) of such title;
    (B) is organized and operated substantially to conduct scientific and cultural research and graduate training programs;
    (C) is not a private foundation;
    (D) has academic personnel for instruction and counseling who meet the standards of the institution of higher education in which the students are enrolled; and
    (E) has necessary research resources not otherwise readily available in such institutions to such students.
  • 20 U.S.C. § 1135(b)(1)
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    (1) The principal criterion for the award of grants shall be the relative quality of the graduate programs presented in competing applications. Consistent with an allocation of awards based on quality of competing applications, the Secretary shall, in awarding such grants, promote an equitable geographic distribution among eligible public and private institutions of higher education.
  • 20 U.S.C. § 1135(b)(2)(A)
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    (A) The Secretary shall award a grant under this subpart for a period of 3 years.
  • 20 U.S.C. § 1135(b)(2)(B)
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    (B) The Secretary shall award a grant to an academic department, program or unit of an institution of higher education under this subpart for a fiscal year in an amount that is not less than $100,000 and not greater than $750,000.
  • 20 U.S.C. § 1135(b)(3)
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    (3) Whenever the Secretary determines that an academic department, program or unit of an institution of higher education is unable to use all of the amounts available to the department, program or unit under this subpart, the Secretary shall, on such dates during each fiscal year as the Secretary may fix, reallot the amounts not needed to academic departments, programs and units of institutions which can use the grants authorized by this subpart.
  • 20 U.S.C. § 1135(c)(1)
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    (1) The Secretary shall make new grant awards under this subpart only to the extent that each previous grant recipient under this subpart has received continued funding in accordance with subsection (b)(2)(A).
  • 20 U.S.C. § 1135a(b)
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    (b) After consultation with appropriate Federal and nonprofit agencies and organizations, including the National Science Foundation, the Department of Defense, the Department of Homeland Security, the National Academy of Sciences, and the Bureau of Labor Statistics, the Secretary shall designate areas of national need. In making such designations, the Secretary shall take into consideration—
    (1) the extent to which the interest in the area is compelling;
    (2) the extent to which other Federal programs support postbaccalaureate study in the area concerned;
    (3) an assessment of how the program may achieve the most significant impact with available resources; and
    (4) an assessment of current (as of the time of the designation) and future professional workforce needs of the United States.
  • 20 U.S.C. § 1135b(a)
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    (a) The Secretary shall make grants to academic departments, programs and units of institutions of higher education on the basis of applications submitted in accordance with subsection (b). Applications shall be ranked on program quality by review panels of nationally recognized scholars and evaluated on the quality and effectiveness of the academic program and the achievement and promise of the students to be served. To the extent possible (consistent with other provisions of this section), the Secretary shall make awards that are consistent with recommendations of the review panels.
  • 20 U.S.C. § 1135b(b)(3)
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    (3) set forth policies and procedures to assure that, in making fellowship awards under this subpart, the institution will seek talented students from traditionally underrepresented backgrounds, as determined by the Secretary;
  • 20 U.S.C. § 1135b(b)(10)
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    (10) include such other information as the Secretary may prescribe.
  • 20 U.S.C. § 1135c(b)
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    (b) The Secretary shall make payments to institutions of higher education for the purpose of paying stipends to individuals who are awarded fellowships under this subpart. The stipends the Secretary establishes shall reflect the purpose of the program under this subpart to encourage highly talented students to undertake graduate study as described in this subpart. In the case of an individual who receives such individual’s first stipend under this subpart in academic year 2009–2010 or any succeeding academic year, such stipend shall be set at a level of support equal to that provided by the National Science Foundation Graduate Research Fellowship Program for such academic year, except such amount shall be adjusted as necessary so as not to exceed the fellow’s demonstrated level of need as determined under part F of subchapter IV.
  • 20 U.S.C. § 1135c(c)
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    (c) An institution of higher education that makes institutional payments for tuition and fees on behalf of individuals supported by fellowships under this subpart in amounts that exceed the institutional payments made by the Secretary pursuant to section 1135d(a) of this title may count such excess toward the amounts the institution is required to provide pursuant to section 1135b(b)(2) of this title.
  • 20 U.S.C. § 1135d(a)(1)
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    (1) The Secretary shall (in addition to stipends paid to individuals under this subpart) pay to the institution of higher education, for each individual awarded a fellowship under this subpart at such institution, an institutional allowance. Except as provided in paragraph (2), such allowance shall be, for 2009–2010 and succeeding academic years, the same amount as the institutional payment made for 2008–2009 adjusted annually thereafter in accordance with inflation as determined by the Department of Labor’s Consumer Price Index for the previous calendar year.
  • 20 U.S.C. § 1136(a)
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    (a) The Secretary shall carry out a program to be known as the “Thurgood Marshall Legal Educational Opportunity Program” designed to provide low-income, minority, or disadvantaged secondary school and college students with the information, preparation, and financial assistance to gain access to and complete law school study and admission to law practice.
  • 20 U.S.C. § 1136(c)
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    (c) The Secretary is authorized to enter into a contract with, or make a grant to, the Council on Legal Education Opportunity, for a period of not less than 5 years—
    (1) to identify secondary school and college students who are from low-income families, are minorities, or are from disadvantaged backgrounds described in subsection (b)(3);
    (2) to prepare such students for successful completion of a baccalaureate degree and for study at accredited law schools, and to assist them with the development of analytical skills, writing skills, and study methods to enhance the students’ success in, and promote the students’ admission to and completion of, law school;
    (3) to assist such students to select the appropriate law school, make application for entry into law school, and receive financial assistance for such study;
    (4) to provide support services to such students who are first-year law students to improve retention and success in law school studies;
    (5) to motivate and prepare such students—
    (A) with respect to law school studies and practice in low-income communities; and
    (B) to provide legal services to low-income individuals and families; and
    (6) to award Thurgood Marshall Fellowships to eligible law school students—
    (A) who participated in summer institutes under subsection (d)(6) and who are enrolled in an accredited law school; or
    (B) who have successfully completed a comparable summer institute program that is certified by the Council on Legal Education Opportunity.
  • 20 U.S.C. § 1136(g)
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    (g) The Secretary shall annually establish the maximum fellowship to be awarded, and the maximum stipend to be paid (including allowances for participant travel and for the travel of the dependents of the participant), to Thurgood Marshall Fellows or Associates for the period of participation in summer institutes, midyear seminars, and bar preparation seminars. A Thurgood Marshall Fellow or Associate may be eligible for such a fellowship or stipend only if the Fellow or Associate maintains satisfactory academic progress toward the Juris Doctor or Bachelor of Laws degree, as determined by the respective institutions (except with respect to a law school graduate enrolled in a bar preparation course).
  • 20 U.S.C. § 1136a(a)(1)
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    (1) Subject to the availability of funds appropriated to carry out this section, the Secretary shall award program grants to each of the institutions listed in subsection (b)(1) that is determined by the Secretary to be making a substantial contribution to graduate education opportunities at the masters level in mathematics, engineering, the physical or natural sciences, computer science, information technology, nursing, allied health, or other scientific disciplines for Black Americans.
  • 20 U.S.C. § 1136a(a)(2)
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    (2) No grant in excess of $1,000,000 may be made under this section unless the institution provides assurances that 50 percent of the cost of the purposes for which the grant is made will be paid from non-Federal sources, except that no institution shall be required to match any portion of the first $1,000,000 of the institution’s award from the Secretary. After funds are made available to each eligible institution under the funding rules described in subsection (f), the Secretary shall distribute, on a pro rata basis, any amounts which were not so made available (by reason of the failure of an institution to comply with the matching requirements of this paragraph) among the institutions that have complied with such matching requirement.
  • 20 U.S.C. § 1136a(a)(4)
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    (4) A grant awarded under this section shall be for a period of not more than six years, but may be periodically renewed for a period to be determined by the Secretary.
  • 20 U.S.C. § 1136a(b)(3)
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    (3) The president or chancellor of the institution may decide which graduate school or qualified masters degree program will receive funds under the grant in any one fiscal year, if the allocation of funds among the schools or programs is delineated in the application for funds submitted to the Secretary under this section.
  • 20 U.S.C. § 1136a(b)(4)
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    (4) The Secretary shall not award more than one grant under this section in any fiscal year to any institution of higher education.
  • 20 U.S.C. § 1136a(c)
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    (c) An eligible institution listed in subsection (b)(1) desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. The application shall—
    (1) demonstrate how the grant funds under this section will be used to improve graduate educational opportunities for Black and low-income students, and lead to greater financial independence; and
    (2) provide, in the case of applications for grants in excess of $1,000,000, the assurances required under subsection (a)(2) and specify the manner in which the eligible institution is going to pay the non-Federal share of the cost of the application.
  • 20 U.S.C. § 1136a(d)(12)(B)
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    (B) are approved by the Secretary as part of the review and acceptance of such application.
  • 20 U.S.C. § 1136a(f)(3)
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    (3) any amount in excess of $9,000,000 shall be made available to each of the eligible institutions identified in subparagraphs (A) through (R) of subsection (b)(1), pursuant to a formula developed by the Secretary that uses the following elements:
    (A) The ability of the institution to match Federal funds with non-Federal funds.
    (B) The number of students enrolled in the qualified masters degree program at the eligible institution in the previous academic year.
    (C) The average cost of attendance per student, for all full-time students enrolled in the qualified masters degree program at such institution.
    (D) The number of students in the previous year who received a degree in the qualified masters degree program at such institution.
    (E) The contribution, on a percent basis, of the programs for which the institution is eligible to receive funds under this section to the total number of African Americans receiving masters degrees in the disciplines related to the programs for the previous year.
  • 20 U.S.C. § 1136b(a)(1)
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    (1) Subject to the availability of funds appropriated to carry out this section, the Secretary shall award program grants to each of the institutions listed in subsection (b)(1) that is determined by the Secretary to be making a substantial contribution to graduate education opportunities at the masters level in mathematics, engineering, the physical or natural sciences, computer science, information technology, nursing, allied health, or other scientific disciplines for Black Americans.
  • 20 U.S.C. § 1136b(a)(2)
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    (2) No grant in excess of $1,000,000 may be made under this section unless the institution provides assurances that 50 percent of the cost of the purposes for which the grant is made will be paid from non-Federal sources, except that no institution shall be required to match any portion of the first $1,000,000 of the institution’s award from the Secretary. After funds are made available to each eligible institution under the funding rules described in subsection (f), the Secretary shall distribute, on a pro rata basis, any amounts which were not so made available (by reason of the failure of an institution to comply with the matching requirements of this paragraph) among the institutions that have complied with such matching requirement.
  • 20 U.S.C. § 1136b(a)(4)
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    (4) A grant awarded under this section shall be for a period of not more than six years, but may be periodically renewed for a period to be determined by the Secretary.
  • 20 U.S.C. § 1136b(b)(3)
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    (3) The president or chancellor of the institution may decide which graduate school or qualified masters degree program will receive funds under the grant in any one fiscal year, if the allocation of funds among the schools or programs is delineated in the application for funds submitted to the Secretary under this section.
  • 20 U.S.C. § 1136b(b)(4)
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    (4) The Secretary shall not award more than one grant under this section in any fiscal year to any institution of higher education.
  • 20 U.S.C. § 1136b(c)
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    (c) An eligible institution listed in subsection (b)(1) desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. The application shall—
    (1) demonstrate how the grant funds under this section will be used to improve graduate educational opportunities for Black and low-income students and lead to greater financial independence; and
    (2) provide, in the case of applications for grants in excess of $1,000,000, the assurances required under subsection (a)(2) and specify the manner in which the eligible institution is going to pay the non-Federal share of the cost of the application.
  • 20 U.S.C. § 1136b(d)(12)(B)
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    (B) are approved by the Secretary as part of the review and acceptance of such application.
  • 20 U.S.C. § 1136b(f)(3)
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    (3) any amount in excess of $2,500,000 shall be made available to each of the eligible institutions identified in subparagraphs (A) through (E) of subsection (b)(1), pursuant to a formula developed by the Secretary that uses the following elements:
    (A) The ability of the institution to match Federal funds with non-Federal funds.
    (B) The number of students enrolled in the qualified masters degree program at the eligible institution in the previous academic year.
    (C) The average cost of attendance per student, for all full-time students enrolled in the qualified masters degree program at such institution.
    (D) The number of students in the previous year who received a degree in the qualified masters degree program at such institution.
    (E) The contribution, on a percent basis, of the programs for which the institution is eligible to receive funds under this section to the total number of African Americans receiving masters degrees in the disciplines related to the programs for the previous year.
  • 20 U.S.C. § 1137(a)
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    (a) In carrying out the purpose described in section 1133(1) of this title, the Secretary shall provide for coordinated administration and regulation of graduate programs assisted under subparts 1 through 4 of this part with other Federal programs providing assistance for graduate education in order to minimize duplication and improve efficiency to ensure that the programs are carried out in a manner most compatible with academic practices and with the standard timetables for applications for, and notifications of acceptance to, graduate programs.
  • 20 U.S.C. § 1137(b)
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    (b) For purposes of carrying out subparts 1 through 4 of this part, the Secretary shall appoint, without regard to the provisions of title 5 that govern appointments in the competitive service, such administrative and technical employees, with the appropriate educational background, as shall be needed to assist in the administration of such parts1. The employees shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.
  • 20 U.S.C. § 1137(d)
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    (d) The Secretary shall evaluate the success of assistance provided to individuals under subpart 1, 2, 3, or 4 of this part with respect to graduating from their degree programs, and placement in faculty and professional positions.
  • 20 U.S.C. § 1138(a)
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    (a) The Secretary is authorized to make grants to, or enter into contracts with, institutions of higher education, combinations of such institutions, and other public and private nonprofit institutions and agencies, to enable such institutions, combinations, and agencies to improve postsecondary education opportunities by—
    (1) the encouragement of reform and improvement of, and innovation in, postsecondary education and the provision of educational opportunity for all students, including nontraditional students;
    (2) the creation of institutions, programs, and joint efforts involving paths to career and professional training, including—
    (A) efforts that provide academic credit for programs; and
    (B) combinations of academic and experiential learning;
    (3) the establishment and continuation of institutions, programs, consortia, collaborations, and other joint efforts based on communications technology, including those efforts that utilize distance education and technological advancements to educate and train postsecondary students (including health professionals serving medically underserved populations);
    (4) the carrying out, in postsecondary educational institutions, of changes in internal structure and operations designed to clarify institutional priorities and purposes;
    (5) the design and introduction of cost-effective methods of instruction and operation;
    (6) the introduction of institutional reforms designed to expand individual opportunities for entering and reentering postsecondary institutions and pursuing programs of postsecondary study tailored to individual needs;
    (7) the introduction of reforms in graduate education, in the structure of academic professions, and in the recruitment and retention of faculties;
    (8) the creation of new institutions and programs for examining and awarding credentials to individuals, and the introduction of reforms in current institutional practices related thereto;
    (9) the introduction of reforms in remedial education, including English language instruction, to customize remedial courses to student goals and help students progress rapidly from remedial courses into core courses and through postsecondary program completion;
    (10) the provision of support and assistance to partnerships between institutions of higher education and secondary schools with a significant population of students identified as late-entering limited English proficient students, to establish programs that—
    (A) result in increased secondary school graduation rates of limited English proficient students; and
    (B) increase the number of participating late-entering limited English proficient students who pursue postsecondary education;
    (11) the creation of consortia that join diverse institutions of higher education to design and offer curricular and cocurricular interdisciplinary programs at the undergraduate and graduate levels, sustained for not less than a 5 year period, that—
    (A) focus on poverty and human capability; and
    (B) include—
    (i) a service-learning component; and
    (ii) the delivery of educational services through informational resource centers, summer institutes, midyear seminars, and other educational activities that stress the effects of poverty and how poverty can be alleviated through different career paths;
    (12) the provision of support and assistance for demonstration projects to provide comprehensive support services to ensure that homeless students, or students who were in foster care or were a ward of the court at any time before the age of 13, enroll and succeed in postsecondary education, including providing housing to such students during periods when housing at the institution of higher education is closed or generally unavailable to other students; and
    (13) the support of efforts to work with institutions of higher education, and nonprofit organizations, that seek to promote cultural diversity in the entertainment media industry, including through the training of students in production, marketing, and distribution of culturally relevant content.
  • 20 U.S.C. § 1138(b)
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    (b) The Secretary is authorized to make planning grants to institutions of higher education for the development and testing of innovative techniques in postsecondary education. Such grants shall not exceed $20,000.
  • 20 U.S.C. § 1138(c)(1)
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    (1) The Secretary is authorized to award one grant or contract to an institution of higher education to enable such institution to establish and maintain a center to study and develop best practices for institutions of higher education to support single parents who are also students attending such institutions.
  • 20 U.S.C. § 1138(c)(2)
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    (2) The Secretary shall award the grant or contract under this subsection to a four-year institution of higher education that has demonstrated expertise in the development of programs to assist single parents who are students at institutions of higher education, as shown by the institution’s development of a variety of targeted services to such students, including on-campus housing, child care, counseling, advising, internship opportunities, financial aid, and financial aid counseling and assistance.
  • 20 U.S.C. § 1138(e)
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    (e) In making grants under this part to any institution of higher education after August 14, 2008, the Secretary may give priority to institutions that meet or exceed the most current version of ASHRAE/IES Standard 90.1 (as such term is used in section 6313(a)(6) of title 42) for any new facilities construction or major renovation of the institution after such date, except that this subsection shall not apply with respect to barns or greenhouses or similar structures owned by the institution.
  • 20 U.S.C. § 1138(f)(1)
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    (1) The Secretary shall enter into a contract with a nonprofit organization with demonstrated success in carrying out the activities described in this subsection to carry out a program to provide postsecondary education scholarships for eligible students.
  • 20 U.S.C. § 1138a(a)
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    (a) There is established a National Board of the Fund for the Improvement of Postsecondary Education (in this part referred to as the “Board”). The Board shall consist of 15 members appointed by the Secretary for overlapping 3-year terms. A majority of the Board shall constitute a quorum. Any member of the Board who has served for 6 consecutive years shall thereafter be ineligible for appointment to the Board during a 2-year period following the expiration of such sixth year.
  • 20 U.S.C. § 1138a(b)
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    (b) The Secretary shall designate one of the members of the Board as Chairperson of the Board. A majority of the members of the Board shall be public interest representatives, including students, and a minority shall be educational representatives. All members selected shall be individuals able to contribute an important perspective on priorities for improvement in postsecondary education and strategies of educational and institutional change.
  • 20 U.S.C. § 1138a(c)(1)
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    (1) advise the Secretary on priorities for the improvement of postsecondary education and make such recommendations as the Board may deem appropriate for the improvement of postsecondary education and for the evaluation, dissemination, and adaptation of demonstrated improvements in postsecondary educational practice;
  • 20 U.S.C. § 1138a(c)(2)
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    (2) advise the Secretary on the operation of the Fund for the Improvement of Postsecondary Education, including advice on planning documents, guidelines, and procedures for grant competitions prepared by the Fund; and
  • 20 U.S.C. § 1138a(d)
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    (d) The Secretary shall make available to the Board such information and assistance as may be necessary to enable the Board to carry out its functions.
  • 20 U.S.C. § 1138b
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    The Secretary may appoint, for terms not to exceed 3 years, without regard to the provisions of title 5 governing appointments in the competitive service, not more than 7 technical employees to administer this part who may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.
  • 20 U.S.C. § 1138c(a)
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    (a) The Secretary is authorized to make grants to institutions of higher education, or consortia thereof, and such other public agencies and nonprofit organizations as the Secretary deems necessary for innovative projects concerning one or more areas of particular national need identified by the Secretary.
  • 20 U.S.C. § 1138c(b)
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    (b) No grant shall be made under this part unless an application is made at such time, in such manner, and contains or is accompanied by such information as the Secretary may require.
  • 20 U.S.C. § 1140b(a)(1)
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    (1) From amounts appropriated under section 1140e of this title, the Secretary may award grants, contracts, and cooperative agreements, on a competitive basis, to institutions of higher education to enable the institutions to carry out the activities under subsection (b).
  • 20 U.S.C. § 1140b(c)
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    (c) In awarding grants, contracts, or cooperative agreements under this subpart, the Secretary shall consider the following:
    (1) Providing an equitable geographic distribution of such awards.
    (2) Distributing such awards to urban and rural areas.
    (3) Ensuring that the activities to be assisted are developed for a range of types and sizes of institutions of higher education.
    (4) Distributing the awards to institutions of higher education with demonstrated prior experience in, or exceptional programs for, meeting the postsecondary educational needs of students with disabilities.
  • 20 U.S.C. § 1140b(d)(1)
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    (1) Not later than one year after August 14, 2008, the Secretary shall prepare and submit to the authorizing committees, and make available to the public, a report on all demonstration projects awarded grants under this part for any of fiscal years 1999 through 2008, including a review of the activities and program performance of such demonstration projects based on existing information as of the date of the report.
  • 20 U.S.C. § 1140b(d)(2)
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    (2) Not later than three years after the date of the first award of a grant under this subpart after August 14, 2008, the Secretary shall prepare and submit to the authorizing committees, and make available to the public, a report that—
    (A) reviews the activities and program performance of the demonstration projects authorized under this subpart; and
    (B) provides guidance and recommendations on how effective projects can be replicated.
  • 20 U.S.C. § 1140c
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    Each institution of higher education desiring to receive a grant, contract, or cooperative agreement under this subpart shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall include—
  • 20 U.S.C. § 1140g(a)(1)
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    (1) From amounts appropriated under section 1140i(a) of this title, the Secretary shall annually award grants, on a competitive basis, to institutions of higher education (or consortia of institutions of higher education), to enable the institutions or consortia to create or expand high quality, inclusive model comprehensive transition and postsecondary programs for students with intellectual disabilities.
  • 20 U.S.C. § 1140g(b)
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    (b) An institution of higher education (or a consortium) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
  • 20 U.S.C. § 1140g(c)
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    (c) In awarding grants under this section, the Secretary shall—
    (1) provide for an equitable geographic distribution of such grants;
    (2) provide grant funds for model comprehensive transition and postsecondary programs for students with intellectual disabilities that will serve areas that are underserved by programs of this type; and
    (3) give preference to applications submitted under subsection (b) that agree to incorporate into the model comprehensive transition and postsecondary program for students with intellectual disabilities carried out under the grant one or more of the following elements:
    (A) The formation of a partnership with any relevant agency serving students with intellectual disabilities, such as a vocational rehabilitation agency.
    (B) In the case of an institution of higher education that provides institutionally owned or operated housing for students attending the institution, the integration of students with intellectual disabilities into the housing offered to nondisabled students.
    (C) The involvement of students attending the institution of higher education who are studying special education, general education, vocational rehabilitation, assistive technology, or related fields in the model program.
  • 20 U.S.C. § 1140g(f)
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    (f) Not later than five years after the date of the first grant awarded under this section, the Secretary shall prepare and disseminate a report to the authorizing committees and to the public that—
    (1) reviews the activities of the model comprehensive transition and postsecondary programs for students with intellectual disabilities funded under this section; and
    (2) provides guidance and recommendations on how effective model programs can be replicated.
  • 20 U.S.C. § 1140i(b)
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    (b) For any fiscal year for which appropriations are made for this subpart, the Secretary shall reserve funds to enter into a cooperative agreement to establish the coordinating center under section 1140q(b) of this title, in an amount that is—
    (1) not less than $240,000 for any year in which the amount appropriated to carry out this subpart is $8,000,000 or less; or
    (2) equal to 3 percent of the amount appropriated to carry out this subpart for any year in which such amount appropriated is greater than $8,000,000.
  • 20 U.S.C. § 1140l(a)(1)
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    (1) The Secretary shall establish a commission to be known as the Advisory Commission on Accessible Instructional Materials in Postsecondary Education for Students with Disabilities (in this section referred to as the “Commission”).
  • 20 U.S.C. § 1140l(a)(2)(A)
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    (A) The Commission shall include not more than 19 members, who shall be appointed by the Secretary in accordance with subparagraphs (B) and (C).
  • 20 U.S.C. § 1140l(a)(2)(D)
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    (D) The Secretary shall appoint the members of the Commission not later than 60 days after the Commission is established under paragraph (1).
  • 20 U.S.C. § 1140l(b)(2)
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    (2) Not later than one year after the Commission’s first meeting, the Commission shall submit a report to the Secretary and the authorizing committees detailing the findings and recommendations of the study conducted under paragraph (1).
  • 20 U.S.C. § 1140l(c)
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    (c) The Commission shall terminate on the date that is 90 days after the date on which the Commission submits the report under subsection (b)(2) to the Secretary and the authorizing committees.
  • 20 U.S.C. § 1140m(c)
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    (c) From amounts appropriated under section 1140o of this title, the Secretary shall award grants or contracts, on a competitive basis, to not less than one eligible partnership to enable the eligible partnership to support the activities described in subsection (f) and, as applicable, subsection (g).
  • 20 U.S.C. § 1140m(d)
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    (d) An eligible partnership that desires a grant or contract under this section shall submit an application at such time, in such manner, and in such format as the Secretary may prescribe. The application shall include information on how the eligible partnership will implement activities under subsection (f) and, as applicable, subsection (g).
  • 20 U.S.C. § 1140m(e)
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    (e) In awarding grants or contracts under this section, the Secretary shall give priority to any applications that include the development and implementation of the procedures and approaches described in paragraphs (2) and (3) of subsection (g).
  • 20 U.S.C. § 1140m(h)
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    (h) Not later than three years after the date of the first grant or contract awarded under this section, the Secretary shall submit to the authorizing committees a report that includes—
    (1) the number of grants and contracts and the amount of funds distributed under this section;
    (2) a summary of the purposes for which the grants and contracts were provided and an evaluation of the progress made under such grants and contracts;
    (3) a summary of the activities implemented under subsection (f) and, as applicable, subsection (g), including data on the number of postsecondary students with print disabilities served and the number of instructional material requests executed and delivered in specialized formats; and
    (4) an evaluation of the effectiveness of programs funded under this section.
  • 20 U.S.C. § 1140m(i)
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    (i) The Secretary may, on the basis of the reports under subsection (h) and section 1140l(b)(2) of this title and any evaluations of the projects funded under this section, expand the program under this section to additional grant or contract recipients that use other programmatic approaches and serve different geographic regions, if the Secretary finds that the models used under this section—
    (1) are effective in improving the timely delivery and quality of materials in specialized formats; and
    (2) provide adequate protections against copyright infringement.
  • 20 U.S.C. § 1140o(b)
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    (b) For the first fiscal year for which funds are made available under this section, the Secretary shall give priority to allocating funding for the purposes of section 1140l of this title.
  • 20 U.S.C. § 1140q(a)(1)
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    (1) From amounts appropriated under section 1140r of this title, the Secretary shall award a grant to, or enter into a contract or cooperative agreement with, an eligible entity to provide for the establishment and support of a National Center for Information and Technical Support for Postsecondary Students with Disabilities (in this subsection referred to as the “National Center”). The National Center shall carry out the duties set forth in paragraph (4).
  • 20 U.S.C. § 1140q(a)(4)(E)
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    (E) Not later than three years after the establishment of the National Center, and every two years thereafter, the National Center shall prepare and disseminate a report to the Secretary and the authorizing committees analyzing the condition of postsecondary success for students with disabilities. Such report shall include—
    (i) a review of the activities and the effectiveness of the programs authorized under this part;
    (ii) annual enrollment and graduation rates of students with disabilities in institutions of higher education from publicly reported data;
    (iii) recommendations for effective postsecondary supports and services for students with disabilities, and how such supports and services may be widely implemented at institutions of higher education;
    (iv) recommendations on reducing barriers to full participation for students with disabilities in higher education; and
    (v) a description of strategies with a demonstrated record of effectiveness in improving the success of such students in postsecondary education.
  • 20 U.S.C. § 1140q(b)(2)
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    (2) From amounts appropriated under section 1140r of this title, the Secretary shall enter into a cooperative agreement, on a competitive basis, with an eligible entity for the purpose of establishing a coordinating center for institutions of higher education that offer inclusive comprehensive transition and postsecondary programs for students with intellectual disabilities, including institutions participating in grants authorized under subpart 2, to provide—
    (A) recommendations related to the development of standards for such programs;
    (B) technical assistance for such programs; and
    (C) evaluations for such programs.
  • 20 U.S.C. § 1140q(b)(4)
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    (4) The Secretary shall enter into a cooperative agreement under this subsection for a period of five years.
  • 20 U.S.C. § 1140q(b)(6)
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    (6) Not later than five years after the date of the establishment of the coordinating center under this subsection, the coordinating center shall report to the Secretary, the authorizing committees, and the National Advisory Committee on Institutional Quality and Integrity on the recommendations of the workgroup described in paragraph (5)(J).
  • 20 U.S.C. § 1141(b)(1)
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    (1) From amounts appropriated under subsection (a), the Secretary shall, subject to the availability of appropriations, award grants, from allotments under subsection (c), to States (and to philanthropic organization,1 as appropriate under paragraph (3)) having applications approved under subsection (d), to enable the State (or philanthropic organization) to pay the Federal share of the costs of carrying out the activities and services described in subsection (f).
  • 20 U.S.C. § 1141(b)(3)
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    (3) If a State fails to provide the full non-Federal share required under this subsection, the Secretary shall reduce the amount of the grant payment under this section proportionately, and may award the proportionate reduction amount of the grant directly to a philanthropic organization, as defined in subsection (i), to carry out this section.
  • 20 U.S.C. § 1141(b)(4)(A)
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    (A) The Secretary shall determine a grantee to be temporarily ineligible to receive a grant payment under this section for a fiscal year if—
    (i) the grantee fails to submit an annual report pursuant to subsection (h) for the preceding fiscal year; or
    (ii) the Secretary determines, based on information in such annual report, that the grantee is not effectively meeting the conditions described under subsection (g) and the goals of the application under subsection (d).
  • 20 U.S.C. § 1141(b)(4)(A)(ii)
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    (ii) the Secretary determines, based on information in such annual report, that the grantee is not effectively meeting the conditions described under subsection (g) and the goals of the application under subsection (d).
  • 20 U.S.C. § 1141(b)(4)(B)
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    (B) If the Secretary determines that a grantee is ineligible under subparagraph (A), the Secretary may enter into an agreement with the grantee setting forth the terms and conditions under which the grantee may regain eligibility to receive payments under this section.
  • 20 U.S.C. § 1141(d)(1)
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    (1) For each fiscal year for which a grantee desires a grant payment under subsection (b), the State agency with jurisdiction over higher education, or another agency designated by the Governor or chief executive of the State to administer the program under this section, or a philanthropic organization, in accordance with subsection (b)(3), shall submit an application to the Secretary at such time, in such manner, and containing the information described in paragraph (2).
  • 20 U.S.C. § 1141(d)(2)(A)
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    (A) A description of the grantee’s capacity to administer the grant under this section and report annually to the Secretary on the activities and services described in subsection (f).
  • 20 U.S.C. § 1141(e)
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    (e) A State receiving a payment under this section may elect to make a subgrant to one or more nonprofit organizations in the State, including an eligible not-for-profit holder (as described in section 1085(p) of this title), or those nonprofit organizations that have agreements with the Secretary under section 1078(b) of this title, or a partnership of such organizations, to carry out activities or services described in subsection (f), if the nonprofit organization or partnership—
    (1) was in existence on the day before the date of the enactment of this Act; and
    (2) as of such day, was participating in activities and services related to increasing access to higher education, such as those activities and services described in subsection (f).
  • 20 U.S.C. § 1141(h)
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    (h) A grantee receiving a payment under this section shall prepare and submit an annual report to the Secretary on the activities and services carried out under this section, and on the implementation of such activities and services. The report shall include—
    (1) each activity or service that was provided to students and families over the course of the year;
    (2) the cost of providing each activity or service;
    (3) the number, and percentage, if feasible and applicable, of students who received each activity or service; and
    (4) the total contributions from private organizations included in the grantee’s non-Federal share for the fiscal year.
  • 20 U.S.C. § 1153(a)
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    (a) The Secretary of Education, in consultation and cooperation with the Secretary of the Interior, is authorized to make grants to 1 or more nonprofit educational organizations that are established to research, display, interpret, and collect artifacts relating to the history of the Underground Railroad, including the lessons to be drawn from such history.
  • 20 U.S.C. § 1153(b)
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    (b) Each nonprofit educational organization awarded a grant under this section shall enter into an agreement with the Secretary of Education. Each such agreement shall require the organization—
    (1) to establish a facility to—
    (A) house, display, interpret, and communicate information regarding the artifacts and other materials related to the history of the Underground Railroad, including the lessons to be drawn from such history;
    (B) maintain such artifacts and materials; and
    (C) make the efforts described in subparagraph (A) available, including through electronic means, to elementary and secondary schools, institutions of higher education, and the general public;
    (2) to demonstrate substantial public and private support for the operation of the facility through the implementation of a public-private partnership between one or more State or local public entities and one or more private entities, which public-private partnership shall provide matching funds from non-federal sources for the support of the facility in an amount equal to or greater than four times the amount of the grant awarded under this section;
    (3) to create an endowment to fund any and all shortfalls in the costs of the on-going operations of the facility;
    (4) to establish and maintain a network of satellite centers throughout the United States to help disseminate information regarding the Underground Railroad throughout the United States, including the lessons to be drawn from the history of the Underground Railroad, if such satellite centers raise 80 percent of the funds required to establish and maintain the satellite centers from non-Federal public and private sources;
    (5) to establish and maintain the capability to electronically link the facility with other local and regional facilities that have collections and programs which interpret the history of the Underground Railroad, including the lessons to be drawn from such history; and
    (6) to submit, for each fiscal year for which the organization receives funding under this section, a report to the Secretary of Education that contains—
    (A) a description of the programs and activities supported by the funding;
    (B) the audited financial statement of the organization for the preceding fiscal year;
    (C) a plan for the programs and activities to be supported by the funding as the Secretary may require; and
    (D) an evaluation of the programs and activities supported by the funding as the Secretary may require.
  • 20 U.S.C. § 1153(b)(6)
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    (6) to submit, for each fiscal year for which the organization receives funding under this section, a report to the Secretary of Education that contains—
    (A) a description of the programs and activities supported by the funding;
    (B) the audited financial statement of the organization for the preceding fiscal year;
    (C) a plan for the programs and activities to be supported by the funding as the Secretary may require; and
    (D) an evaluation of the programs and activities supported by the funding as the Secretary may require.
  • 20 U.S.C. § 1153(b)(6)(C)
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    (C) a plan for the programs and activities to be supported by the funding as the Secretary may require; and
  • 20 U.S.C. § 1153(b)(6)(D)
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    (D) an evaluation of the programs and activities supported by the funding as the Secretary may require.
  • 20 U.S.C. § 1155(a)(3)(B)
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    (B) Until such time as the Secretary of the Treasury sells the stock of the Corporation owned by the Secretary of Education pursuant to subsection (c), the Student Loan Marketing Association shall not provide financial support or guarantees to the Corporation.
  • 20 U.S.C. § 1155(a)(3)(C)
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    (C) After the Secretary of the Treasury sells the stock of the Corporation owned by the Secretary of Education pursuant to subsection (c), the Student Loan Marketing Association may provide financial support or guarantees to the Corporation, if such support or guarantees are subject to terms and conditions that are no more advantageous to the Corporation than the terms and conditions the Student Loan Marketing Association provides to other entities, including, where applicable, other monoline financial guaranty corporations in which the Student Loan Marketing Association has no ownership interest.
  • 20 U.S.C. § 1155(b)(5)
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    (5) Notwithstanding subsection (d), the requirements of sections 1132f–3 and 1132f–9 of this title, as such sections were in effect on the day before September 30, 1996, shall continue to be effective until the day immediately following the date of closing of the purchase of the Secretary of Education’s stock (or the date of closing of the final purchase, in the case of multiple transactions) pursuant to subsection (c)(1) of this Act.1
  • 20 U.S.C. § 1155(c)(1)
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    (1) The Secretary of the Treasury shall sell and the Corporation shall purchase, within 90 days after September 30, 1996, the stock of the Corporation held by the Secretary of Education at a price determined by the binding, independent appraisal of a nationally recognized financial firm, except that the 90-day period may be extended by mutual agreement of the Secretary of the Treasury and the Corporation to not more than 150 days after September 30, 1996. The appraiser shall be jointly selected by the Secretary of the Treasury and the Corporation. In the event that the Secretary of the Treasury and the Corporation cannot agree on the appraiser, then the Secretary of the Treasury and the Corporation shall name an independent third party to select the appraiser.
  • 20 U.S.C. § 1155(c)(2)
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    (2) The Secretary of the Treasury shall be reimbursed from the proceeds of the sale of the stock under this subsection for all reasonable costs and expenses related to such sale, except that one-half of all reasonable costs and expenses relating to the independent appraisal under paragraph (1) shall be borne by the Corporation.
  • 20 U.S.C. § 1155(c)(3)
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    (3) Amounts collected from the sale of stock pursuant to this subsection that are not used to reimburse the Secretary of the Treasury pursuant to paragraph (2) shall be deposited into the account established under subsection (e).
  • 20 U.S.C. § 1155(c)(4)
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    (4) The Corporation shall provide such assistance as the Secretary of the Treasury and the Secretary of Education may require to facilitate the sale of the stock under this subsection.
  • 20 U.S.C. § 1155(c)(5)
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    (5) Not later than 6 months after September 30, 1996, the Secretary of the Treasury shall report to the appropriate committees of Congress on the completion and terms of the sale of stock of the Corporation pursuant to this subsection.
  • 20 U.S.C. § 1161a(c)
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    (c) From the amount appropriated to carry out this section, the Secretary is authorized to award a five-year contract to Project GRAD USA (referred to in this section as the “contractor”), a nonprofit education organization that has as its primary purpose the improvement of secondary school graduation and postsecondary attendance and completion rates for low-income students. Such contract shall be used to carry out the requirements of subsection (d) and to implement and sustain integrated education reform services through subcontractor activities described in subsection (e)(3) at existing Project GRAD program sites and to promote the expansion to new sites.
  • 20 U.S.C. § 1161a(d)
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    (d) The Secretary shall enter into an agreement with the contractor that requires that the contractor shall—
    (1) enter into subcontracts with nonprofit educational organizations that serve a substantial number or percentage of low-income students (referred to in this subsection as “subcontractors”), under which the subcontractors agree to implement the Project GRAD programs described in subsection (e) and provide matching funds for such programs;
    (2) directly carry out—
    (A) activities to implement and sustain the literacy, mathematics, classroom management, social service, and postsecondary access programs further described in subsection (e)(3);
    (B) activities to build the organizational and management capacity of the subcontractors to effectively implement and sustain the programs;
    (C) activities for the purpose of improving and expanding the programs, including activities—
    (i) to further articulate a program for one or more grade levels and across grade levels;
    (ii) to tailor a program for a particular target audience; and
    (iii) to provide tighter integration across programs;
    (D) activities for the purpose of implementing new Project GRAD program sites;
    (E) activities for the purpose of promoting greater public awareness of integrated education reform services to improve secondary school graduation and postsecondary attendance rates for low-income students; and
    (F) other activities directly related to improving secondary school graduation and postsecondary attendance and completion rates for low-income students; and
    (3) use contract funds available under this section to pay—
    (A) the amount determined under subsection (f); and
    (B) costs associated with carrying out the activities and providing the services, as provided in paragraph (2) of this subsection.
  • 20 U.S.C. § 1161a(h)(1)
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    (1) The Secretary shall select an independent entity to evaluate, every three years, the performance of students who participate in a Project GRAD program under this section. The evaluation shall—
    (A) be conducted using a rigorous research design for determining the effectiveness of the Project GRAD programs funded under this section; and
    (B) compare reading and mathematics achievement, secondary school graduation, and postsecondary attendance and completion rates of students who participate in a Project GRAD program funded under this section with those indicators for students of similar backgrounds who do not participate in such program.
  • 20 U.S.C. § 1161a(h)(2)(C)
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    (C) such financial reporting as required by the Secretary to review the effectiveness and efficiency of the program.
  • 20 U.S.C. § 1161a(h)(3)(A)
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    (A) the Secretary; and
  • 20 U.S.C. § 1161b(a)
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    (a) From the amounts appropriated under subsection (f), the Secretary is authorized to award grants to States, on a competitive basis, to enable the States to encourage students to pursue a rigorous course of study, beginning in secondary school and continuing through the students’ postsecondary education, in science, technology, engineering, mathematics, or a health-related field.
  • 20 U.S.C. § 1161b(b)(1)
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    (1) A State that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. A State may submit an application to receive a grant under subsection (c) or (d), or both.
  • 20 U.S.C. § 1161b(c)(1)
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    (1) The Secretary shall award grants under this subsection to provide scholarship support to eligible students.
  • 20 U.S.C. § 1161b(c)(5)
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    (5) The Secretary shall award a grant under this subsection to provide scholarships—
    (A) in an amount that does not exceed $5,000 per student; and
    (B) for not more than one year of undergraduate study.
  • 20 U.S.C. § 1161b(d)(1)
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    (1) The Secretary shall award grants under this subsection to provide scholarship support to eligible students.
  • 20 U.S.C. § 1161b(d)(2)(D)
    Go to provision →
    (D) has obtained a cumulative grade point average of at least a 3.0 (or the equivalent as determined under regulations prescribed by the Secretary) at the end of the most recently completed term.
  • 20 U.S.C. § 1161b(d)(4)
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    (4) The Secretary shall award a grant under this subsection to provide scholarships—
    (A) in an amount that does not exceed $5,000 per student for an academic year; and
    (B) in an aggregate amount that does not exceed $20,000 per student.
  • 20 U.S.C. § 1161c(b)(1)
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    (1) From the amounts appropriated under subsection (k), the Secretary shall award grants, on a competitive basis, to eligible partnerships for the purpose provided in subsection (a).
  • 20 U.S.C. § 1161c(b)(2)
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    (2) The Secretary shall award grants under this section for a period of not less than 36 months and not more than 60 months.
  • 20 U.S.C. § 1161c(c)(6)
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    (6) support other activities the Secretary determines to be consistent with the purpose of this section.
  • 20 U.S.C. § 1161c(d)(1)
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    (1) Each eligible partnership that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such additional information as the Secretary may require.
  • 20 U.S.C. § 1161c(e)
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    (e) In awarding grants under this section, the Secretary shall—
    (1) give priority to applications focused on serving nontraditional students;
    (2) ensure an equitable distribution of grant funds under this section among urban and rural areas of the United States; and
    (3) take into consideration the capability of an institution of higher education that is participating in an eligible partnership to—
    (A) offer one- or two-year high-quality programs of instruction and job skill training for students entering a high-growth and high-wage occupation or industry;
    (B) involve the local business community, and to place graduates in employment in high-growth and high-wage occupations or industries in the community; and
    (C) serve adult workers or displaced workers.
  • 20 U.S.C. § 1161c(g)
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    (g) The Secretary shall provide technical assistance to grantees under this section throughout the grant period.
  • 20 U.S.C. § 1161c(h)
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    (h) The Secretary shall conduct an evaluation of the effectiveness of the program under this section based on performance standards developed in consultation with the Department of Labor, and shall disseminate to the public the findings of such evaluation and information related to promising practices developed under this section.
  • 20 U.S.C. § 1161d(a)
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    (a) From the amounts appropriated under subsection (f), the Secretary shall award grants to institutions of higher education that offer—
    (1) an accredited registered nursing program at the baccalaureate or associate degree level to enable such program to expand the faculty and facilities of such program to accommodate additional students in such program; or
    (2) an accredited graduate-level nursing program to accommodate advanced practice degrees for registered nurses or to accommodate students enrolled in such program to become teachers of nursing students.
  • 20 U.S.C. § 1161d(b)(2)
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    (2) submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including the average number in each of the institution’s accredited nursing programs determined under paragraph (1); and
  • 20 U.S.C. § 1161d(c)(1)
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    (1) For each academic year after academic year 2009–2010, the Secretary is authorized to provide to each institution of higher education awarded a grant under this section an amount that is equal to $3,000 multiplied by the number by which—
    (A) the number of matriculated nursing program students at such institution for such academic year, exceeds
    (B) the average number determined with respect to such institution under subsection (b)(1).
  • 20 U.S.C. § 1161d(c)(2)(A)
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    (A) Subject to subparagraph (D), from the funds available to award grants under this section for each fiscal year, the Secretary shall—
    (i) use 20 percent of such funds to award grants under this section to institutions of higher education for the purpose of accommodating advanced practice degrees or students in accredited graduate-level nursing programs;
    (ii) use 40 percent of such funds to award grants under this section to institutions of higher education for the purpose of expanding accredited registered nurse programs at the baccalaureate degree level; and
    (iii) use 40 percent of such funds to award grants under this section to institutions of higher education for the purpose of expanding accredited registered nurse programs at the associate degree level.
  • 20 U.S.C. § 1161d(c)(2)(C)
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    (C) In awarding grants under this section, the Secretary shall consider the following:
    (i) Providing an equitable geographic distribution of such grants.
    (ii) Distributing such grants to urban and rural areas.
    (iii) Ensuring that the activities to be assisted are developed for a range of types and sizes of institutions of higher education, including institutions providing alternative methods of delivery of instruction in addition to on-site learning.
  • 20 U.S.C. § 1161d(c)(2)(D)
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    (D) If, for a fiscal year, funds described in clause (i), (ii), or (iii) of subparagraph (A) remain available after the Secretary awards grants under this section to all applicants for the particular category of accredited nursing programs described in such clause, the Secretary shall use equal amounts of the remaining funds to award grants under this section to applicants that applied under the other categories of nursing programs.
  • 20 U.S.C. § 1161d(c)(2)(E)
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    (E) Of the amount appropriated to carry out this section, the Secretary may award not more than ten percent of such amount for the optional purposes under subparagraph (B).
  • 20 U.S.C. § 1161e(a)
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    (a) From the amounts appropriated under subsection (f), the Secretary is authorized to award three-year grants, on a competitive basis, to eligible institutions to establish or strengthen postsecondary academic programs or centers that promote and impart knowledge of—
    (1) traditional American history;
    (2) the history and nature of, and threats to, free institutions; or
    (3) the history and achievements of Western civilization.
  • 20 U.S.C. § 1161e(c)(1)
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    (1) Each eligible institution that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.
  • 20 U.S.C. § 1161e(d)
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    (d) In awarding grants under this section, the Secretary shall take into consideration the capability of the eligible institution to—
    (1) increase access to quality programming that expands knowledge of traditional American history, free institutions, or Western civilization;
    (2) involve personnel with strong expertise in traditional American history, free institutions, or Western civilization; and
    (3) sustain the activities funded under this section after the grant has expired.
  • 20 U.S.C. § 1161f(b)
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    (b) From the amounts appropriated under subsection (f), the Secretary is authorized to award a five-year grant to Teach For America, Inc., the national teacher corps of outstanding recent college graduates who commit to teach for two years in underserved communities in the United States, to implement and expand its program of recruiting, selecting, training, and supporting new teachers.
  • 20 U.S.C. § 1161f(c)
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    (c) In carrying out the grant program under subsection (b), the Secretary shall enter into an agreement with the grantee under which the grantee agrees to use the grant funds provided under this section to—
    (1) provide teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title, to high-need local educational agencies in urban and rural communities;
    (2) pay the costs of recruiting, selecting, training, and supporting new teachers; and
    (3) serve a substantial number and percentage of underserved students.
  • 20 U.S.C. § 1161f(e)(1)
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    (1) The grantee shall provide to the Secretary an annual report that includes—
    (A) data on the number and quality of the teachers provided to local educational agencies through a grant under this section;
    (B) an externally conducted analysis of the satisfaction of local educational agencies and principals with the teachers so provided; and
    (C) comprehensive data on the background of the teachers chosen, the training such teachers received, the placement sites of such teachers, the professional development of such teachers, and the retention of such teachers.
  • 20 U.S.C. § 1161f(e)(2)(A)
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    (A) From funds appropriated under subsection (f), the Secretary shall provide for a study that examines the achievement levels of the students taught by the teachers assisted under this section.
  • 20 U.S.C. § 1161f(e)(2)(C)
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    (C) The Secretary shall provide for such a study not less than once every three years, and each such study shall include multiple placement sites and multiple schools within placement sites.
  • 20 U.S.C. § 1161f(e)(3)(C)
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    (C) Not later than 120 days after the grantee receives funds to carry out this section for the first fiscal year in which funds become available to carry out this section after August 14, 2008, the independent auditor shall submit a report to the authorizing committees and the Secretary of the findings of the review required under this paragraph, including any recommendations of the independent auditor, as appropriate, with respect to the grantee’s accounting, financial reporting, and internal control systems.
  • 20 U.S.C. § 1161g(c)(1)(A)
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    (A) From the amounts appropriated under subsection (f), the Secretary shall award grants to eligible institutions to enable such institutions to make fellowship awards to individuals in accordance with the provisions of this section.
  • 20 U.S.C. § 1161g(c)(1)(B)
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    (B) In awarding grants under this section, the Secretary shall consider the eligible institution’s prior experience in producing doctoral degree, or highest possible degree available, holders who are minorities and women, and shall give priority consideration in making grants under this section to those eligible institutions with a demonstrated record of producing minorities and women who have earned such degrees.
  • 20 U.S.C. § 1161g(c)(2)(A)
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    (A) An eligible institution that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
  • 20 U.S.C. § 1161g(c)(3)
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    (3) In awarding grants under paragraph (1), the Secretary shall—
    (A) take into account—
    (i) the number and distribution of minority and female faculty nationally;
    (ii) the current and projected need for highly trained individuals in all areas of the higher education professoriate; and
    (iii) the present and projected need for highly trained individuals in academic career fields in which minorities and women are underrepresented in the higher education professoriate; and
    (B) consider the need to prepare a large number of minorities and women generally in academic career fields of high national priority, especially in areas in which such individuals are traditionally underrepresented in college and university faculty.
  • 20 U.S.C. § 1161g(c)(4)(A)
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    (A) In awarding grants under this section, the Secretary shall, to the maximum extent feasible, ensure an equitable geographic distribution of awards and an equitable distribution among public and private eligible institutions that apply for grants under this section and that demonstrate an ability to achieve the purpose of this section.
  • 20 U.S.C. § 1161g(c)(4)(B)
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    (B) To the maximum extent practicable, the Secretary shall use not less than 30 percent of the amount appropriated pursuant to subsection (f) to award grants to eligible institutions that are eligible for assistance under subchapter III or subchapter V, or to consortia of eligible institutions that include at least one eligible institution that is eligible for assistance under subchapter III or subchapter V.
  • 20 U.S.C. § 1161g(c)(4)(C)
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    (C) In awarding grants under this section, the Secretary shall allocate appropriate funds to those eligible institutions whose applications indicate an ability to significantly increase the numbers of minorities and women entering the higher education professoriate and that commit institutional resources to the attainment of the purpose of this section.
  • 20 U.S.C. § 1161g(c)(4)(E)
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    (E) If the amount appropriated is not sufficient to permit all grantees under this section to provide the minimum number of fellowships required by subparagraph (D), the Secretary may, after awarding as many grants to support the minimum number of fellowships as such amount appropriated permits, award grants that do not require the grantee to award the minimum number of fellowships required by such subparagraph.
  • 20 U.S.C. § 1161g(c)(5)(A)(i)
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    (i) In awarding grants under this section, the Secretary shall pay to each eligible institution awarded a grant, for each individual awarded a fellowship by such institution under this section, an institutional allowance.
  • 20 U.S.C. § 1161g(d)(1)(B)
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    (B) sign an agreement with the Secretary agreeing—
    (i) to begin employment at an institution described in subparagraph (A) not later than three years after receiving the doctoral degree or highest possible degree available, which three-year period may be extended by the Secretary for extraordinary circumstances; and
    (ii) to be employed by such institution for one year for each year of fellowship assistance received under this section.
  • 20 U.S.C. § 1161g(d)(1)(B)(i)
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    (i) to begin employment at an institution described in subparagraph (A) not later than three years after receiving the doctoral degree or highest possible degree available, which three-year period may be extended by the Secretary for extraordinary circumstances; and
  • 20 U.S.C. § 1161g(d)(2)
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    (2) In the event that any recipient of a fellowship under this section fails or refuses to comply with the agreement signed pursuant to paragraph (1)(B), the sum of the amounts of any fellowship received by such recipient shall, upon a determination of such a failure or refusal to comply, be treated as a Federal Direct Unsubsidized Stafford Loan under part D of subchapter IV, and shall be subject to repayment, together with interest thereon accruing from the date of the grant award, in accordance with terms and conditions specified by the Secretary in regulations under this section.
  • 20 U.S.C. § 1161g(d)(3)(A)
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    (A) The Secretary shall promulgate regulations setting forth criteria to be considered in granting a waiver for the service requirement under paragraph (1)(B).
  • 20 U.S.C. § 1161h(a)
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    (a) From the amounts appropriated under subsection (c), the Secretary shall award a grant to one nonprofit organization described in subsection (b) to enable the nonprofit organization—
    (1) to make publicly available the year-to-year postsecondary education enrollment rate trends of secondary school students, disaggregated by secondary school, in compliance with section 1232g of this title (commonly known as the “Family Educational Rights and Privacy Act of 1974”);
    (2) to identify not less than 50 urban local educational agencies and five States with significant rural populations, each serving a significant population of low-income students, and to carry out a comprehensive assessment in the agencies and States of the factors known to contribute to improved postsecondary education enrollment rates, which factors shall include—
    (A) the local educational agency’s and State’s leadership strategies and capacities;
    (B) the secondary school curriculum and class offerings of the local educational agency and State;
    (C) the professional development used by the local educational agency and the State to assist teachers, guidance counselors, and administrators in supporting the transition of secondary students to postsecondary education;
    (D) secondary school student attendance and other factors demonstrated to be associated with enrollment into postsecondary education;
    (E) the use of data systems by the local educational agency and the State to measure postsecondary education enrollment rates and the incentives in place to motivate the efforts of faculty and students to improve student and schoolwide outcomes; and
    (F) strategies to mobilize student leaders to build a college-bound culture; and
    (3) to provide comprehensive services to improve the schoolwide postsecondary education enrollment rates of each of not less than ten local educational agencies and States, with the federally funded portion of each project declining by not less than 20 percent each year beginning in the second year of the comprehensive services, that—
    (A) participated in the needs assessment described in paragraph (2); and
    (B) demonstrated a willingness and commitment to improving the postsecondary education enrollment rates of the local educational agency or State, respectively.
  • 20 U.S.C. § 1161i–2(a)
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    (a) From the amounts appropriated under section 1161i–7 of this title, the Secretary is authorized to award grants to States in accordance with the provisions of this part to enable such States—
    (1) to establish a State Task Force described in section 1161i–3 of this title; and
    (2) to support activities of the State Task Force described in section 1161i–4 of this title.
  • 20 U.S.C. § 1161i–2(c)
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    (c) In awarding grants under this part, the Secretary shall take into consideration providing an equitable geographic distribution of such grants.
  • 20 U.S.C. § 1161i–5(a)
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    (a) Each State desiring a grant under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. Each such application shall include a description of—
    (1) the membership of the State Task Force;
    (2) the activities for which the grant assistance will be used;
    (3) other Federal, State, local, and private resources that will be available to support the activities of the State Task Force described in section 1161i–4 of this title;
    (4) the availability within the State of training, early childhood educator preparation, professional development, compensation initiatives, and career systems, related to early childhood education; and
    (5) the resources available within the State for such training, educator preparation, professional development, compensation initiatives, and career systems.
  • 20 U.S.C. § 1161i–5(b)
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    (b) Not later than two years after receiving a grant under this part, a State shall submit a report to the Secretary that shall describe—
    (1) other Federal, State, local, and private resources that will be used in combination with a grant under this section to develop or expand the State’s early childhood education professional development and career activities;
    (2) the ways in which the State Advisory Council (or similar State entity) will coordinate the various State and local activities that support the early childhood education professional development and career system; and
    (3) the ways in which the State Task Force will use funds provided under this part and carry out the activities described in section 1161i–4 of this title.
  • 20 U.S.C. § 1161i–6(a)(2)
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    (2) submit a report at the end of the grant period to the Secretary regarding the evaluation described in paragraph (1).
  • 20 U.S.C. § 1161i–6(b)
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    (b) Not later than September 30, 2013, the Secretary, in consultation with the Secretary of Health and Human Services, shall prepare and submit to the authorizing committees an evaluation of the State reports submitted under subsection (a)(2).
  • 20 U.S.C. § 1161j(c)
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    (c) From the amounts appropriated to carry out this section under subsection (i), the Secretary is authorized to award a grant to an eligible partnership to enable the eligible partnership to expand programs for the development of science, technology, engineering, or mathematics professionals, from elementary school through postsecondary education, including existing programs for Alaska Native and Native Hawaiian students.
  • 20 U.S.C. § 1161j(e)
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    (e) Each eligible partnership that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
  • 20 U.S.C. § 1161j(f)
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    (f) In awarding grants under this section, the Secretary shall give priority to an eligible partnership that, on the day before August 14, 2008, provides one or more programs in which 30 percent or more of the program participants are Alaska Native or Native Hawaiian.
  • 20 U.S.C. § 1161j(h)
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    (h) Each eligible partnership that receives a grant under this section shall conduct an evaluation to determine the effectiveness of the programs funded under the grant and shall provide a report regarding the evaluation to the Secretary not later than six months after the end of the grant period.
  • 20 U.S.C. § 1161k(a)
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    (a) From the amounts appropriated under subsection (i), the Secretary is authorized to award grants in accordance with this section, on a competitive basis, to eligible institutions to enable the institutions to develop programs to increase the persistence and success of low-income college students.
  • 20 U.S.C. § 1161k(b)(1)
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    (1) An eligible institution seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. An eligible institution may submit an application to receive a grant under subsection (c) or (d) or both.
  • 20 U.S.C. § 1161k(b)(3)
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    (3) In awarding grants for the program under subsection (d), the Secretary shall give priority to applications submitted by eligible institutions that propose to replicate policies and practices that have proven effective in increasing persistence and degree completion by low-income students or students in need of developmental education.
  • 20 U.S.C. § 1161k(c)(2)(A)
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    (A) The Secretary shall award grants under this subsection to eligible institutions to enable such institutions to provide additional monetary and nonmonetary support to eligible students to enable the eligible students to maintain enrollment and complete degree or certificate programs.
  • 20 U.S.C. § 1161k(d)(2)
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    (2) The Secretary shall award grants under this subsection to eligible institutions in an amount equal to $1,500 multiplied by the number of students the institution selects to participate in the program in such year. An institution shall not select more than 200 students to participate in the program under this subsection during such year.
  • 20 U.S.C. § 1161k(e)
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    (e) The Secretary may award a grant under subsection (c) or (d) of this section for a period of five years.
  • 20 U.S.C. § 1161k(f)(1)
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    (1) From the funds appropriated under this section, the Secretary shall enter into a contract with one or more private, nonprofit entities to provide technical assistance to grantees and to conduct the evaluations required under paragraph (3).
  • 20 U.S.C. § 1161k(f)(3)
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    (3) The Secretary shall conduct an evaluation of the impact of the persistence and success grant programs as follows:
    (A) The evaluation of the program under subsection (c) shall be conducted using a random assignment research design with the following requirements:
    (i) When students are recruited for the program, all students will be told about the program and the evaluation.
    (ii) Baseline data will be collected from all applicants for assistance under subsection (c).
    (iii) Students will be assigned randomly to two groups, which will consist of—
    (I) a program group that will receive the scholarship and the additional counseling services; and
    (II) a control group that will receive whatever regular financial aid and counseling services are available to all students at the institution of higher education.
    (B) Eligible institutions receiving a grant to carry out the program under subsection (d) shall work with the evaluator to track persistence and completion outcomes for students in such program, specifically the proportion of these students who take and complete developmental education courses, the proportion who take and complete college-level coursework, and the proportion who complete certificates and degrees. The data shall be broken down by gender, race, ethnicity, and age and the evaluator shall assist institutions in analyzing these data to compare program participants to comparable nonparticipants, using statistical techniques to control for differences in the groups.
  • 20 U.S.C. § 1161k(g)
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    (g) The Secretary shall—
    (1) provide a report to the authorizing committees that includes the evaluation and information on best practices and lessons learned during the pilot programs described in this section; and
    (2) disseminate the report to the public by making the report available on the Department’s website.
  • 20 U.S.C. § 1161k(i)
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    (i) There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years. The Secretary may use not more than two percent of the amounts appropriated to provide the technical assistance and conduct the evaluations required under subsection (f).
  • 20 U.S.C. § 1161l(a)(1)
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    (1) From the amounts appropriated under subsection (f), the Secretary is authorized to award grants, on a competitive basis, to institutions of higher education or consortia of institutions of higher education to enable institutions of higher education or consortia to pay the Federal share of the cost of carrying out the authorized activities described in subsection (c).
  • 20 U.S.C. § 1161l(a)(2)
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    (2) Where appropriate, the Secretary shall award grants under this section in consultation with the Attorney General and the Secretary of Homeland Security.
  • 20 U.S.C. § 1161l(a)(3)
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    (3) The Secretary shall award each grant under this section for a period of two years.
  • 20 U.S.C. § 1161l(d)
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    (d) Each institution of higher education or consortium desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
  • 20 U.S.C. § 1161l(e)
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    (e) The Secretary shall coordinate technical assistance provided by State and local emergency management agencies, the Department of Homeland Security, and other agencies as appropriate, to institutions of higher education or consortia that request assistance in developing and implementing the activities assisted under this section.
  • 20 U.S.C. § 1161l–1
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    The Secretary, in consultation with the Attorney General and the Secretary of Homeland Security, shall continue to—
  • 20 U.S.C. § 1161l–2
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    The Secretary shall continue to coordinate with the Secretary of Homeland Security and other appropriate agencies to develop and maintain procedures to address the preparedness, response, and recovery needs of institutions of higher education in the event of a natural or manmade disaster with respect to which the President has declared a major disaster or emergency (as such terms are defined in section 1161l–3 of this title).
  • 20 U.S.C. § 1161l–3(a)
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    (a) The Secretary, in consultation with the Secretary of Homeland Security, is authorized to establish an Education Disaster and Emergency Relief Loan Program for institutions of higher education impacted by a major disaster or emergency declared by the President.
  • 20 U.S.C. § 1161l–3(b)
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    (b) The Secretary shall, subject to the availability of appropriations, provide loans under this section to institutions of higher education after the declaration of a major disaster or emergency by the President. Loan funds provided under this section may be used for construction, replacement, renovation, and operations costs resulting from a major disaster or emergency declared by the President.
  • 20 U.S.C. § 1161l–3(c)(1)
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    (1) submit a financial statement and other appropriate data, documentation, or evidence requested by the Secretary that indicates that the institution incurred losses resulting from the impact of a major disaster or emergency declared by the President, and the monetary amount of such losses;
  • 20 U.S.C. § 1161l–3(d)
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    (d) The Secretary may audit a financial statement submitted under subsection (c) and an institution of higher education shall provide any information that the Secretary determines necessary to conduct such an audit.
  • 20 U.S.C. § 1161l–3(e)
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    (e) To determine the amount of a loan to make available to an institution of higher education under this section, the Secretary shall calculate the monetary amount of losses incurred by such institution as a result of a major disaster or emergency declared by the President, and shall reduce such amount by the amount of collateral source compensation the institution has already received from insurance, the Federal Emergency Management Agency, and the Small Business Administration.
  • 20 U.S.C. § 1161l–3(f)
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    (f) Prior to disbursing any loans under this section, the Secretary shall prescribe regulations that establish the Education Disaster and Emergency Relief Loan Program, including—
    (1) terms for the loan program;
    (2) procedures for an application for a loan;
    (3) minimum requirements for the loan program and for receiving a loan, including—
    (A) online forms to be used in submitting a request for a loan;
    (B) information to be included in such forms; and
    (C) procedures to assist in filing and pursuing a loan; and
    (4) any other terms and conditions the Secretary may prescribe after taking into consideration the structure of other existing capital financing loan programs under this chapter.
  • 20 U.S.C. § 1161l–3(f)(4)
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    (4) any other terms and conditions the Secretary may prescribe after taking into consideration the structure of other existing capital financing loan programs under this chapter.
  • 20 U.S.C. § 1161l–4(a)
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    (a) The Secretary shall continue to provide guidance that clarifies the role of institutions of higher education with respect to the disclosure of education records, including to a parent or legal guardian of a dependent student, in the event that such student demonstrates that the student poses a significant risk of harm to himself or herself or to others, including a significant risk of suicide, homicide, or assault. Such guidance shall further clarify that an institution of higher education that, in good faith, discloses education records or other information in accordance with the requirements of this chapter and section 1232g of this title (commonly known as the “Family Educational Rights and Privacy Act of 1974”) shall not be liable to any person for that disclosure.
  • 20 U.S.C. § 1161l–4(b)
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    (b) The Secretary shall provide an update to the authorizing committees on the Secretary’s activities under subsection (a) not later than 180 days after August 14, 2008.
  • 20 U.S.C. § 1161l–6(a)
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    (a) The Secretary of Education, in consultation with the Attorney General, the Director of the Centers for Disease Control and Prevention, the Secretary of Health and Human Services, and experts in domestic violence, dating violence, sexual assault, sexual harassment, and stalking, shall develop, design, and make available through a secure and accessible online portal, a standardized online survey tool regarding postsecondary student experiences with domestic violence, dating violence, sexual assault, sexual harassment, and stalking.
  • 20 U.S.C. § 1161l–6(b)
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    (b) In developing the survey tool required under subsection (a), the Secretary of Education shall—
    (1) use best practices from peer-reviewed research measuring domestic violence, dating violence, sexual assault, sexual harassment, and stalking;
    (2) consult with the higher education community, experts in survey research related to domestic violence, dating violence, sexual assault, sexual harassment, and stalking, and organizations engaged in the prevention of and response to, and advocacy on behalf of victims of, domestic violence, dating violence, sexual assault, sexual harassment, and stalking, including victims from culturally specific populations and victims with disabilities, regarding the development and design of such survey tool and the methodology for administration of such survey tool; and
    (3) ensure that the survey tool is readily accessible to and usable by individuals with disabilities.
  • 20 U.S.C. § 1161l–6(c)(2)(C)(xii)
    Go to provision →
    (xii) other questions, as determined by the Secretary of Education.
  • 20 U.S.C. § 1161l–6(c)(3)
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    (3) In addition to the standardized questions developed by the Secretary of Education under paragraph (2), subject to the review and approval of the Secretary of Education, an institution of higher education may request additional information from students that would increase the understanding of the institution of school climate factors unique to the campuses affiliated with the institution.
  • 20 U.S.C. § 1161l–6(d)(1)
    Go to provision →
    (1) The Secretary of Education, in consultation with the Attorney General, the Director of the Centers for Disease Control and Prevention, and the Secretary of Health and Human Services, shall develop a mechanism by which institutions of higher education may, with respect to the survey tool developed pursuant to this section—
    (A) administer such survey tool; and
    (B) modify such survey tool to include additional elements or requirements, as determined by the institution, subject to the review and approval of the Secretary of Education.
  • 20 U.S.C. § 1161l–6(d)(1)(B)
    Go to provision →
    (B) modify such survey tool to include additional elements or requirements, as determined by the institution, subject to the review and approval of the Secretary of Education.
  • 20 U.S.C. § 1161l–6(d)(2)
    Go to provision →
    (2) The Secretary of Education may not require an institution of higher education to pay to modify the survey tool in accordance with paragraph (1)(B).
  • 20 U.S.C. § 1161l–6(d)(3)
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    (3) The Secretary of Education shall ensure that the survey tool is administered in such a way as to be readily accessible to and usable by individuals with disabilities.
  • 20 U.S.C. § 1161l–6(d)(4)
    Go to provision →
    (4) Beginning not later than 1 year after the date on which the Secretary of Education makes available to institutions the mechanism described in paragraph (1), and every 2 years thereafter, each institution of higher education that receives Federal educational assistance shall administer the survey tool developed pursuant to this section.
  • 20 U.S.C. § 1161l–6(e)
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    (e) The Secretary of Education shall require each institution of higher education that administers the survey tool developed pursuant to this section to ensure, to the maximum extent practicable, that an adequate, random, and representative sample size of students (as determined by the Secretary) enrolled at the institution complete the survey tool developed pursuant to this section.
  • 20 U.S.C. § 1161l–6(f)(1)
    Go to provision →
    (1) Beginning not later than 2 years after March 15, 2022, the Secretary of Education shall—
    (A) prepare a biennial report on the information gained from the standardized elements of the survey under this section and publish such report in an accessible format on the website of the Department of Education, including as part of any online consumer tool offered or supported by the Department of Education that provides information to students regarding specific postsecondary educational institutions, such as the College Scorecard or any successor or similar tool; and
    (B) submit such report to Congress.
  • 20 U.S.C. § 1161m(a)(1)
    Go to provision →
    (1) From funds made available under subsection (e), the Secretary shall award grants to institutions of higher education that, for academic year 2009–2010 or any succeeding academic year—
    (A) have an annual tuition and fee increase, expressed as a percentage change, for the most recent academic year for which satisfactory data is available, that is in the lowest 20 percent of such increases for each category described in subsection (b);
    (B) are public institutions of higher education that have tuition and fees that are in the lowest quartile of institutions in each category described in subsection (b)(1), (b)(4), or (b)(7); or
    (C) are public institutions of higher education that have a tuition and fee increase of less than $600 for a first-time, full-time undergraduate student.
  • 20 U.S.C. § 1161m(c)(1)
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    (1) For each institution of higher education that the Secretary determines complies with the requirements of paragraph (2) or (3) of this subsection, the Secretary shall provide to such institution a bonus amount. Such institution shall award the bonus amount in the form of need-based aid first to students who are eligible for Federal Pell Grants who were in attendance at the institution during the award year that such institution satisfied the eligibility criteria for maintaining low tuition and fees, then to students who are eligible for Federal Pell Grants who were not in attendance at the institution during such award year.
  • 20 U.S.C. § 1161n–2(a)(1)
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    (1) The Secretary is authorized, from the amount available to carry out this section under section 1161n–4 of this title in each fiscal year and in accordance with the provisions of this part—
    (A) to award grants to institutions of higher education or consortia of such institutions that have not received a grant under this paragraph in the ten-year period preceding the date for which a grant under this section is requested to pay the Federal share of the cost of planning, establishing, expanding, or carrying out programs of cooperative education by such institutions or consortia of institutions; and
    (B) to award grants to institutions of higher education that are operating an existing cooperative education program as determined by the Secretary to pay the Federal share of the cost of planning, establishing, expanding, or carrying out programs of cooperative education by such institutions.
  • 20 U.S.C. § 1161n–2(a)(1)(B)
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    (B) to award grants to institutions of higher education that are operating an existing cooperative education program as determined by the Secretary to pay the Federal share of the cost of planning, establishing, expanding, or carrying out programs of cooperative education by such institutions.
  • 20 U.S.C. § 1161n–2(a)(3)(B)(i)
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    (i) Except as provided in clauses (ii) and (iii), the Secretary shall award grants in each fiscal year to each institution of higher education described in paragraph (1)(B) that has an application approved under subsection (b) in an amount that bears the same ratio to the amount reserved pursuant to section 1161n–1(a)(2) of this title for such fiscal year as the number of unduplicated students placed in cooperative education jobs during the preceding fiscal year by such institution of higher education (other than cooperative education jobs under section 1161n–3 of this title and as determined by the Secretary) bears to the total number of all such students placed in such jobs during the preceding fiscal year by all such institutions.
  • 20 U.S.C. § 1161n–2(a)(4)
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    (4) The Secretary shall not award grants pursuant to subparagraphs (A) and (B) of paragraph (1) to the same institution of higher education or consortia of such institution in any one fiscal year.
  • 20 U.S.C. § 1161n–2(b)
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    (b) Each institution of higher education or consortium of such institutions desiring to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary shall prescribe. Each such application shall—
    (1) set forth the program or activities for which a grant is authorized under this section;
    (2) specify each portion of such program or activities which will be performed by a nonprofit organization or institution other than the applicant, and the amount of grant funds to be used for such program or activities;
    (3) provide that the applicant will expend, during the fiscal year for which the grant is awarded for the purpose of such program or activities, not less than the amount expended for such purpose during the previous fiscal year;
    (4) describe the plans which the applicant will carry out to assure, and contain a formal statement of the institution’s commitment that assures, that the applicant will continue the cooperative education program beyond the five-year period of Federal assistance described in subsection (c)(1) at a level that is not less than the total amount expended for such program during the first year such program was assisted under this section;
    (5) provide that, in the case of an institution of higher education that provides a two-year program that is acceptable for full credit toward a bachelor’s degree, the cooperative education program will be available to students who are certificate or associate degree candidates and who carry at least one-half of the normal full-time academic workload;
    (6) provide that the applicant will—
    (A) make such reports as may be necessary to ensure that the applicant is complying with the provisions of this section, including reports for the second and each succeeding fiscal year for which the applicant receives a grant with respect to the impact of the cooperative education program in the previous fiscal year, including—
    (i) the number of unduplicated student applicants in the cooperative education program;
    (ii) the number of unduplicated students placed in cooperative education jobs;
    (iii) the number of employers who have hired cooperative education students;
    (iv) the income for students derived from working in cooperative education jobs; and
    (v) the increase or decrease in the number of unduplicated students placed in cooperative education jobs in each fiscal year compared to the previous fiscal year; and
    (B) keep such records as may be necessary to ensure that the applicant is complying with the provisions of this part, including the notation of cooperative education employment on the student’s transcript;
    (7) describe the extent to which programs in the academic disciplines for which the application is made have satisfactorily met the needs of public and private sector employers;
    (8) describe the extent to which the institution is committed to extending cooperative education on an institution-wide basis for all students who can benefit;
    (9) describe the plans that the applicant will carry out to evaluate the applicant’s cooperative education program at the end of the grant period;
    (10) provide for such fiscal control and fund accounting procedures as may be necessary to ensure proper disbursement of, and accounting for, Federal funds paid to the applicant under this part;
    (11) demonstrate a commitment to serving underserved populations at the institution; and
    (12) include such other information as may be necessary to carry out the provisions of this part.
  • 20 U.S.C. § 1161n–2(c)(3)
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    (3) Notwithstanding any other provision of law, the Secretary may not waive the provisions of paragraphs (1) and (2).
  • 20 U.S.C. § 1161n–2(d)
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    (d) If the Secretary determines that a recipient of funds under this section has failed to maintain the fiscal effort described in subsection (b)(3), then the Secretary may elect not to make grant payments under this section to such recipient.
  • 20 U.S.C. § 1161n–2(e)(1)
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    (1) In approving applications under this section, the Secretary shall give special consideration to applications from institutions of higher education or consortia of such institutions for programs that show the greatest promise of success based on—
    (A) the extent to which programs in the academic discipline with respect to which the application is made have satisfactorily met the needs of public and private sector employers;
    (B) the strength of the commitment of the institution of higher education or consortium of such institutions to cooperative education as demonstrated by the plans and formalized institutional commitment statement which such institution or consortium has made to continue the program after the termination of Federal financial assistance;
    (C) the extent to which the institution or consortium of institutions is committed to extending cooperative education for students who can benefit; and
    (D) such other factors as are consistent with the purpose of this part.
  • 20 U.S.C. § 1161n–2(e)(2)
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    (2) The Secretary shall also give special consideration to applications from institutions of higher education or consortia of such institutions that demonstrate a commitment to serving underserved populations attending such institutions.
  • 20 U.S.C. § 1161n–3(a)
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    (a) From the amounts appropriated under section 1161n–4 of this title, the Secretary is authorized, in accordance with the provisions of this section, to make grants and enter into contracts—
    (1) from the amounts available in each fiscal year under section 1161n–1(a)(3) of this title, for the conduct of demonstration projects designed to demonstrate or determine the effectiveness of innovative methods of cooperative education;
    (2) from the amounts available in each fiscal year under section 1161n–1(a)(4) of this title, for the conduct of training and resource centers designed to—
    (A) train personnel in the field of cooperative education;
    (B) improve materials used in cooperative education programs if such improvement is conducted in conjunction with other activities described in this paragraph;
    (C) provide technical assistance to institutions of higher education to increase the potential of the institution to continue to conduct a cooperative education program without Federal assistance;
    (D) encourage model cooperative education programs that furnish education and training in occupations in which there is a national need;
    (E) support partnerships under which an institution carrying out a comprehensive cooperative education program joins with one or more institutions of higher education in order to—
    (i) assist the institution that is not the institution carrying out the cooperative education program to develop and expand an existing program of cooperative education; or
    (ii) establish and improve or expand comprehensive cooperative education programs; and
    (F) encourage model cooperative education programs in the fields of science and mathematics for women and minorities who are underrepresented in such fields; and
    (3) from the amounts available in each fiscal year under section 1161n–1(a)(5) of this title, for the conduct of research relating to cooperative education.
  • 20 U.S.C. § 1161n–3(b)(1)
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    (1) To carry out this section, the Secretary may—
    (A) make grants to or contracts with institutions of higher education or consortia of such institutions; and
    (B) make grants to or contracts with other public or private nonprofit agencies or organizations, whenever such grants or contracts will contribute to the objectives of this section.
  • 20 U.S.C. § 1161n–3(b)(2)(A)
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    (A) The Secretary may use not more than three percent of the amount appropriated to carry out this section in each fiscal year to enter into contracts described in paragraph (1)(A).
  • 20 U.S.C. § 1161n–3(b)(2)(B)
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    (B) The Secretary may use not more than three percent of the amount appropriated to carry out this section in each fiscal year to enter into contracts described in paragraph (1)(B).
  • 20 U.S.C. § 1161o(a)
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    (a) From the amount appropriated to carry out this section, the Secretary shall award grants to eligible partnerships for the purposes of developing and implementing articulation agreements.
  • 20 U.S.C. § 1161o(c)
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    (c) The Secretary shall give priority to eligible partnerships that—
    (1) are located in a State that has employed strategies described in section 1093a(b)(1) of this title; or
    (2) include—
    (A) one or more junior or community colleges (as defined by section 1058(f) of this title) that award associate’s degrees; and
    (B) one or more institutions of higher education that offer a baccalaureate or post-baccalaureate degree not awarded by the institutions described in subparagraph (A) with which it is partnered.
  • 20 U.S.C. § 1161o(g)
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    (g) Any eligible partnership that desires to obtain a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information or assurances as the Secretary may require.
  • 20 U.S.C. § 1161p(b)
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    (b) From amounts appropriated to carry out this section, the Secretary shall award grants, on a competitive basis, to institutions of higher education, as defined in section 1001(a) of this title, to create workforce bridge programs between developmental courses and for-credit courses in occupational certificate programs that are articulated to degree programs. Such workforce bridge programs shall focus on—
    (1) improving developmental education, including English language instruction, by customizing developmental education to student career goals; and
    (2) helping students move rapidly from developmental coursework into for-credit occupational courses and through program completion.
  • 20 U.S.C. § 1161p(c)
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    (c) An institution of higher education desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.
  • 20 U.S.C. § 1161p(d)
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    (d) The Secretary shall give priority to applications that—
    (1) are from institutions of higher education in which not less than 50 percent of the institution’s entering first-year students who are subject to mandatory assessment are assessed as needing developmental courses to bring reading, writing, or mathematics skills up to college level; and
    (2) propose to replicate practices that have proven effective with adults, or propose to collaborate with adult education providers.
  • 20 U.S.C. § 1161p(f)(5)
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    (5) Any other activities the institution of higher education and the Secretary determine will promote retention of, and completion by, students attending institutions of higher education.
  • 20 U.S.C. § 1161p(h)
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    (h) The Secretary shall provide technical assistance to recipients of, and applicants for, grants under this section.
  • 20 U.S.C. § 1161p(i)
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    (i) Each institution of higher education that receives a grant under this section shall report to the Secretary on the effectiveness of the program in enabling students to move rapidly from developmental coursework into for-credit occupational courses and through program completion. The Secretary shall summarize the reports, identify best practices, and disseminate the information from such summary and identification to the public.
  • 20 U.S.C. § 1161q(d)(1)
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    (1) From amounts made available under subsection (g), the Secretary is authorized to award grants, on a competitive basis, to eligible rural-serving institutions of higher education or a consortium of such institutions, to carry out the activities described in subsection (f).
  • 20 U.S.C. § 1161q(d)(4)
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    (4) In awarding grants under this section, the Secretary shall give special consideration to applications that demonstrate the most potential and propose the most promising and innovative approaches for—
    (A) increasing the percentage of graduates of rural secondary schools attending rural-serving institutions of higher education;
    (B) meeting the employment needs of regional employers with graduates of rural-serving institutions of higher education; and
    (C) improving the health of the regional economy of a rural area through a partnership of local educational agencies serving the rural area, rural-serving institutions of higher education, and regional employers.
  • 20 U.S.C. § 1161q(e)
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    (e) Each rural-serving institution of higher education desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require.
  • 20 U.S.C. § 1161r(a)
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    (a) From the amounts appropriated under subsection (d), the Secretary may make grants to institutions of higher education, or consortia of such institutions, and enter into contracts with such institutions, consortia, and other organizations, to develop, implement, operate, improve, and disseminate programs of prevention, education, and cost-effective technological solutions, to reduce and eliminate the illegal downloading and distribution of intellectual property. Such grants or contracts may also be used for the support of higher education centers that will provide training, technical assistance, evaluation, dissemination, and associated services and assistance to the higher education community as determined by the Secretary and institutions of higher education.
  • 20 U.S.C. § 1161r(c)
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    (c) An institution of higher education or a consortium of such institutions that desires to receive a grant or contract under this section shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require by regulation.
  • 20 U.S.C. § 1161s(a)(1)
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    (1) From the amounts appropriated to carry out this section, the Secretary shall award grants, on a competitive basis, to eligible entities under paragraph (2) to promote training and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers in order to meet the requirements for closed captioning of video programming set forth in section 613 of title 47 and the rules prescribed thereunder.
  • 20 U.S.C. § 1161s(a)(2)(B)
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    (B) is accredited by an accrediting agency or association recognized by the Secretary; and
  • 20 U.S.C. § 1161s(a)(3)
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    (3) In determining whether to make grants under this section, the Secretary shall give a priority to eligible entities that, as determined by the Secretary—
    (A) possess the most substantial capability to increase their capacity to train realtime writers;
    (B) demonstrate the most promising collaboration with educational institutions, businesses, labor organizations, or other community groups having the potential to train or provide job placement assistance to realtime writers; or
    (C) propose the most promising and innovative approaches for initiating or expanding training or job placement assistance efforts with respect to realtime writers.
  • 20 U.S.C. § 1161s(b)(1)
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    (1) To receive a grant under subsection (a), an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The application shall contain the information set forth under paragraph (2).
  • 20 U.S.C. § 1161s(b)(2)(G)
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    (G) Such other information as the Secretary may require.
  • 20 U.S.C. § 1161s(c)(2)(B)
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    (B) Each recipient of a scholarship under paragraph (1)(B) shall enter into an agreement with the school in which the recipient is enrolled to provide realtime writing services for the purposes described in subsection (a)(1) for a period of time appropriate (as determined by the Secretary) for the amount of the scholarship received.
  • 20 U.S.C. § 1161s(c)(2)(C)
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    (C) The Secretary shall establish requirements for coursework and employment for recipients of scholarships under paragraph (1)(B), including requirements for repayment of scholarship amounts in the event of failure to meet such requirements for coursework and employment. The Secretary may waive, in whole or in part, the requirements for repayment of scholarship amounts on the basis of economic conditions which may affect the ability of scholarship recipients to find work as realtime writers.
  • 20 U.S.C. § 1161s(c)(3)
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    (3) The recipient of a grant under this section may not use more than five percent of the grant amount to pay administrative costs associated with activities funded by the grant. The Secretary shall use not more than five percent of the amount available for grants under this section in any fiscal year for administrative costs of the program.
  • 20 U.S.C. § 1161s(d)(1)
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    (1) Each eligible entity receiving a grant under subsection (a) shall submit to the Secretary, at the end of the grant period, a report on the activities of such entity with respect to the use of grant amounts during the grant period.
  • 20 U.S.C. § 1161s(d)(3)
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    (3) The Secretary shall summarize the reports submitted under paragraph (2) and make such summary available on the Department’s website.
  • 20 U.S.C. § 1161t(b)(1)
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    (1) Subject to the availability of appropriations under subsection (f), the Secretary shall award grants to institutions of higher education to develop model programs to support veteran student success in postsecondary education.
  • 20 U.S.C. § 1161t(d)(1)
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    (1) To be considered for a grant under this section, an institution of higher education shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require.
  • 20 U.S.C. § 1161t(d)(2)
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    (2) In awarding grants under this section, the Secretary shall consider—
    (A) the number of veteran students enrolled at an institution of higher education; and
    (B) the need for model programs to address the needs of veteran students at a wide range of institutions of higher education, including the need to provide—
    (i) an equitable distribution of such grants to institutions of higher education of various types and sizes;
    (ii) an equitable geographic distribution of such grants; and
    (iii) an equitable distribution of such grants among rural and urban areas.
  • 20 U.S.C. § 1161t(e)
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    (e) The Secretary shall develop an evaluation and accountability plan for model programs funded under this section to objectively measure the impact of such programs, including a measure of whether postsecondary education enrollment, persistence, and completion for veterans increases as a result of such programs.
  • 20 U.S.C. § 1161u(a)(1)
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    (1) From the amounts appropriated to carry out this section, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall make grants to eligible entities to establish sustainability programs to design and implement sustainability practices, including in the areas of energy management, greenhouse gas emissions reductions, green building, waste management, purchasing, transportation, and toxics management, and other aspects of sustainability that integrate campus operations with multidisciplinary academic programs and are applicable to the private and government sectors.
  • 20 U.S.C. § 1161u(b)(1)
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    (1) To receive a grant under subsection (a)(1), an eligible entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may reasonably require.
  • 20 U.S.C. § 1161u(d)
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    (d) An eligible entity that receives a grant under subsection (a) shall submit to the Secretary, for each fiscal year in which the entity receives amounts from such grant, a report that describes the work conducted pursuant to subsection (c), research findings and publications, administrative savings experienced, and an evaluation of the program.
  • 20 U.S.C. § 1161u(e)
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    (e) The Secretary may not make grants under subsection (a) to any eligible entity in a total amount that is less than $250,000 or more than $2,000,000.
  • 20 U.S.C. § 1161v(b)(1)
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    (1) Subject to the availability of appropriations, the Secretary shall establish a task force within the Department to study modeling and simulation and to support the development of the modeling and simulation field. The activities of such task force shall include—
    (A) helping to define the study of modeling and simulation (including the content of modeling and simulation classes and programs);
    (B) identifying best practices for such study;
    (C) identifying core knowledge and skills that individuals who participate in modeling and simulation programs should acquire; and
    (D) providing recommendations to the Secretary with respect to—
    (i) the information described in subparagraphs (A) through (C); and
    (ii) a system by which grants under this section will be distributed.
  • 20 U.S.C. § 1161v(b)(1)(D)
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    (D) providing recommendations to the Secretary with respect to—
    (i) the information described in subparagraphs (A) through (C); and
    (ii) a system by which grants under this section will be distributed.
  • 20 U.S.C. § 1161v(c)(1)(A)
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    (A) The Secretary is authorized to award grants, on a competitive basis, to eligible institutions to enhance modeling and simulation degree programs at such eligible institutions.
  • 20 U.S.C. § 1161v(c)(1)(B)
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    (B) A grant awarded under this subsection shall be awarded for a three-year period, and such grant period may be extended for not more than two years if the Secretary determines that an eligible institution has demonstrated success in enhancing the modeling and simulation degree program at such eligible institution.
  • 20 U.S.C. § 1161v(c)(1)(D)
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    (D) Each eligible institution receiving a grant under this subsection shall provide, from non-Federal sources, in cash or in-kind, an amount equal to 25 percent of the amount of the grant to carry out the activities supported by the grant. The Secretary may waive the non-Federal share requirement under this subparagraph for an eligible institution if the Secretary determines a waiver to be appropriate based on the financial ability of the institution.
  • 20 U.S.C. § 1161v(c)(3)
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    (3) To be considered for a grant under this subsection, an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. Such application shall include—
    (A) a letter from the president or provost of the eligible institution that demonstrates the institution’s commitment to the enhancement of the modeling and simulation program at the institution of higher education;
    (B) an identification of designated faculty responsible for the enhancement of the institution’s modeling and simulation program; and
    (C) a detailed plan for how the grant funds will be used to enhance the modeling and simulation program of the institution.
  • 20 U.S.C. § 1161v(d)(1)(A)
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    (A) The Secretary is authorized to award grants to institutions of higher education to establish a modeling and simulation program, including a major, minor, career-track, certificate, or concentration program.
  • 20 U.S.C. § 1161v(d)(1)(B)
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    (B) A grant awarded under this subsection shall be awarded for a three-year period, and such grant period may be extended for not more than two years if the Secretary determines that an eligible institution has demonstrated success in establishing a modeling and simulation degree program at such eligible institution.
  • 20 U.S.C. § 1161v(d)(1)(D)
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    (D) Each eligible institution receiving a grant under this subsection shall provide, from non-Federal sources, in cash or in-kind, an amount equal to 25 percent of the amount of the grant to carry out the activities supported by the grant. The Secretary may waive the non-Federal share requirement under this subparagraph for an eligible institution if the Secretary determines a waiver to be appropriate based on the financial ability of the institution.
  • 20 U.S.C. § 1161v(d)(2)
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    (2) To apply for a grant under this subsection, an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. Such application shall include—
    (A) a letter from the president or provost of the eligible institution that demonstrates the institution’s commitment to the establishment of a modeling and simulation program at the institution of higher education;
    (B) a detailed plan for how the grant funds will be used to establish a modeling and simulation program at the institution; and
    (C) a description of how the modeling and simulation program established under this subsection will complement existing programs and fit into the institution’s current program and course offerings.
  • 20 U.S.C. § 1161w(b)(1)
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    (1) From the amounts appropriated under subsection (g), the Secretary is authorized to award grants to community colleges to enter into and maintain partnerships with juvenile detention centers and secure juvenile justice residential facilities to provide assistance, services, and education to eligible individuals who reenter the community and pursue, in accordance with the requirements of this section, at least one of the following:
    (A) A certificate of completion for a specialized area of study, such as career and technical training and other alternative postsecondary educational programs.
    (B) An associate’s degree.
  • 20 U.S.C. § 1161w(b)(2)
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    (2) A grant awarded under this part shall be for one four-year period, and may be renewed for an additional period as the Secretary determines to be appropriate.
  • 20 U.S.C. § 1161w(b)(3)
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    (3) A community college desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require. Such application shall include—
    (A) an assessment of the existing community resources available to serve at-risk youth;
    (B) a detailed description of the program and activities the community college will carry out with such grant; and
    (C) a proposed budget describing how the community college will use the funds made available by such grant.
  • 20 U.S.C. § 1161w(b)(4)
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    (4) In awarding grants under this part, the Secretary shall give priority to community colleges that propose to serve the highest number of priority individuals, and, among such community colleges, shall give priority to community colleges that the Secretary determines will best carry out the purposes of this part, based on the applications submitted in accordance with paragraph (3).
  • 20 U.S.C. § 1161w(e)
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    (e) Each community college awarded a grant under this part shall submit to the Secretary a report—
    (1) documenting the results of the program carried out with such grant; and
    (2) evaluating the effectiveness of activities carried out through such program.
  • 20 U.S.C. § 1161x(a)
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    (a) From the amounts appropriated under subsection (g), the Secretary of Health and Human Services shall award competitive grants to eligible entities for the purpose of improving public health preparedness through increasing the number of veterinarians in the workforce.
  • 20 U.S.C. § 1161x(b)(1)(A)
    Go to provision →
    (A) a public or other nonprofit school of veterinary medicine that is accredited by a nationally recognized accrediting agency or association recognized by the Secretary of Education pursuant to part H of subchapter IV;
  • 20 U.S.C. § 1161x(b)(1)(B)
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    (B) a public or nonprofit, department of comparative medicine, department of veterinary science, school of public health, or school of medicine that is accredited by a nationally recognized accrediting agency or association recognized by the Secretary of Education pursuant to part H of subchapter IV and that offers graduate training for veterinarians in a public health practice area as determined by the Secretary of Health and Human Services; or
  • 20 U.S.C. § 1161x(b)(1)(C)(ii)
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    (ii) offers postgraduate training for veterinarians in a public health practice area as determined by the Secretary of Health and Human Services; and
  • 20 U.S.C. § 1161x(b)(2)
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    (2) prepare and submit to the Secretary of Health and Human Services an application, at such time, in such manner, and containing such information as the Secretary of Health and Human Services may require.
  • 20 U.S.C. § 1161x(c)
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    (c) The Secretary of Health and Human Services shall establish procedures to ensure that applications under subsection (b)(2) are rigorously reviewed and that grants are competitively awarded based on—
    (1) the ability of the applicant to increase the number of veterinarians who are trained in specified public health practice areas as determined by the Secretary of Health and Human Services;
    (2) the ability of the applicant to increase capacity in research on high priority disease agents; or
    (3) any other consideration the Secretary of Health and Human Services determines necessary.
  • 20 U.S.C. § 1161x(c)(1)
    Go to provision →
    (1) the ability of the applicant to increase the number of veterinarians who are trained in specified public health practice areas as determined by the Secretary of Health and Human Services;
  • 20 U.S.C. § 1161x(c)(3)
    Go to provision →
    (3) any other consideration the Secretary of Health and Human Services determines necessary.
  • 20 U.S.C. § 1161x(d)
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    (d) In awarding grants under subsection (a), the Secretary of Health and Human Services shall give preference to applicants that demonstrate a comprehensive approach by involving more than one school of veterinary medicine, department of comparative medicine, department of veterinary science, school of public health, school of medicine, or residency training program that offers postgraduate training for veterinarians in a public health practice area as determined by the Secretary of Health and Human Services.
  • 20 U.S.C. § 1161y(a)(1)
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    (1) The Secretary is authorized to carry out an Early Federal Pell Grant Commitment Demonstration Program under which—
    (A) the Secretary awards grants to four State educational agencies, in accordance with paragraph (2), to pay the administrative expenses incurred in participating in the demonstration program under this section; and
    (B) the Secretary awards Federal Pell Grants to participating students in accordance with this section and consistent with section 1070a of this title.
  • 20 U.S.C. § 1161y(a)(1)(A)
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    (A) the Secretary awards grants to four State educational agencies, in accordance with paragraph (2), to pay the administrative expenses incurred in participating in the demonstration program under this section; and
  • 20 U.S.C. § 1161y(a)(1)(B)
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    (B) the Secretary awards Federal Pell Grants to participating students in accordance with this section and consistent with section 1070a of this title.
  • 20 U.S.C. § 1161y(a)(2)(A)
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    (A) From amounts appropriated under subsection (h) for a fiscal year, the Secretary is authorized to award grants to four State educational agencies to enable the State educational agencies to pay the administrative expenses incurred in participating in the demonstration program under this section by carrying out a demonstration project under which eighth grade students described in subsection (b)(1)(B) receive a commitment early in the students’ academic careers to receive a Federal Pell Grant.
  • 20 U.S.C. § 1161y(a)(2)(B)
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    (B) The Secretary shall award grants under this section in equal amounts to each of the four participating State educational agencies.
  • 20 U.S.C. § 1161y(b)(3)
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    (3) Each student who participates in the demonstration project receives a commitment from the Secretary to receive a Federal Pell Grant during the first academic year that the student is in attendance at an institution of higher education as an undergraduate, provided that the student applies for Federal financial aid (via the FAFSA or EZ FAFSA) for such academic year.
  • 20 U.S.C. § 1161y(c)(1)
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    (1) Each State educational agency desiring to participate in the demonstration program under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require.
  • 20 U.S.C. § 1161y(c)(2)(D)
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    (D) such other information as the Secretary may require.
  • 20 U.S.C. § 1161y(d)(1)
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    (1) In selecting State educational agencies to participate in the demonstration program under this section, the Secretary shall consider—
    (A) the number and quality of State educational agency applications received;
    (B) a State educational agency’s—
    (i) financial responsibility;
    (ii) administrative capability;
    (iii) commitment to focusing resources, in addition to any resources provided on students who receive assistance under part A of title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311 et seq.];
    (iv) ability and plans to run an effective and thorough targeted information campaign for students served by local educational agencies eligible to participate in the demonstration project; and
    (v) ability to ensure the participation in the demonstration project of a diverse group of students, including with respect to ethnicity and gender.
  • 20 U.S.C. § 1161y(e)(1)
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    (1) From amounts appropriated under subsection (h) for a fiscal year, the Secretary shall reserve not more than $1,000,000 to award a grant or contract to an organization outside the Department for an independent evaluation of the impact of the demonstration program assisted under this section.
  • 20 U.S.C. § 1161y(e)(4)
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    (4) The findings of the evaluation shall be reported to the Secretary, who shall widely disseminate the findings to the public.
  • 20 U.S.C. § 1161y(f)(1)
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    (1) Each State educational agency receiving a grant under this section shall, in cooperation with the participating local educational agencies within the State and the Secretary, develop a targeted information campaign for the demonstration project assisted under this section.
  • 20 U.S.C. § 1161z(a)
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    (a) From the amounts appropriated under subsection (c), the Secretary is authorized to award a grant to the University of Hawaii Academy for Creative Media for the establishment, maintenance, and periodic modernization of the Henry Kuualoha Giugni Kupuna Memorial Archives at the University of Hawaii.

Citations to §1003(18)

Citations to §1003(19)

Citations to §1003(20)

Citations to §1003(21)(A)

Citations to §1003(21)(B)

Citations to §1003(22)

Citations to §1003(23)

Citations to §1003(24)