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20 U.S.C. § 1087aa — Appropriations authorized

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1087aa — Appropriations authorized

**(a) Program authority** 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”. **(b) Authority to make loans** (1) **In general** (A) *Loans for new undergraduate Federal Perkins Loan borrowers* — Through September 30, 2017, an institution of higher education may make a loan under this part to an eligible undergraduate student who, on the date of disbursement of a loan made under this part, has no outstanding balance of principal or interest on a loan made under this part from the student loan fund established under this part by the institution, but only if the institution has awarded all Federal Direct Loans, as referenced under subparagraphs (A) and (D) of [section 1087e(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087e/a/2&num=0&edition=prelim), for which such undergraduate student is eligible. (B) *Loans for current undergraduate Federal Perkins Loan borrowers* — Through September 30, 2017, an institution of higher education may make a loan under this part to an eligible undergraduate student who, on the date of disbursement of a loan made under this part, has an outstanding balance of principal or interest on a loan made under this part from the student loan fund established under this part by the institution, but only if the institution has awarded all Federal Direct Stafford Loans as referenced under [section 1087e(a)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=g

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Source location: Title 20, Chapter 28, § 1087aa; chapter-028-higher-education-resources-and-student-assistance.md

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**(a) Program authority** 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”. **(b) Authority to make loans** (1) **In general** (A) *Loans for new undergraduate Federal Perkins Loan borrowers* — Through September 30, 2017, an institution of higher education may make a loan under this part to an eligible undergraduate student who, on the date of disbursement of a loan made under this part, has no outstanding balance of principal or interest on a loan made under this part from the student loan fund established under this part by the institution, but only if the institution has awarded all Federal Direct Loans, as referenced under subparagraphs (A) and (D) of [section 1087e(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087e/a/2&num=0&edition=prelim), for which such undergraduate student is eligible. (B) *Loans for current undergraduate Federal Perkins Loan borrowers* — Through September 30, 2017, an institution of higher education may make a loan under this part to an eligible undergraduate student who, on the date of disbursement of a loan made under this part, has an outstanding balance of principal or interest on a loan made under this part from the student loan fund established under this part by the institution, but only if the institution has awarded all Federal Direct Stafford Loans as referenced under [section 1087e(a)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087e/a/2/A&num=0&edition=prelim) for which such undergraduate student is eligible. (C) *Loans for certain graduate borrowers* — Through September 30, 2016, with respect to an eligible graduate student who has received a loan made under this part prior to October 1, 2015, an institution of higher education that has most recently made such a loan to the student for an academic program at such institution may continue making loans under this part from the student loan fund established under this part by the institution to enable the student to continue or complete such academic program. (2) **No additional loans** — An institution of higher education shall not make loans under this part after September 30, 2017. (3) **Prohibition on additional appropriations** — No funds are authorized to be appropriated under this chapter or any other Act to carry out the functions described in paragraph (1) for any fiscal year following fiscal year 2015.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1087bb — Allocation of funds

**(a) Allocation based on previous allocation** (1) From the amount appropriated pursuant to section 1087aa(b) 11 See References in Text note below. 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), (2) (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. (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. (C) Notwithstanding subparagraphs (A) and

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 403 — Omitted

### Statutory Notes #### Codification Section, Pub. L. 85–864, title I, § 103, Sept. 2, 1958, 72 Stat. 1582; Pub. L. 86–70, § 18(a)(1), June 25, 1959, 73 Stat. 144; Pub. L. 86–624, § 14(a)(1), July 12, 1960, 74 Stat. 413; Pub. L. 88–210, title II, § 201, formerly § 21, Dec. 18, 1963, 77 Stat. 415, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88–665, title I, §§ 102, 103, Oct. 16, 1964, 78 Stat. 1100; Pub. L. 89–329, title IV, § 491, formerly § 461, Nov. 8, 1965, 79 Stat. 1251, renumbered Pub. L. 90–575, title I, § 141, Oct. 16, 1968, 82 Stat. 1030; Pub. L. 89–752, § 16(b), Nov. 3, 1966, 80 Stat. 1245; Pub. L. 90–575, title I, § 174(a), title III, § 351(c), Oct. 16, 1968, 82 Stat. 1035, 1058; Pub. L. 92–318, title I, § 137(b), June 23, 1972, 86 Stat. 272; Pub. L. 94–482, title V, § 501(m)(1), Oct. 12, 1976, 90 Stat. 2237; Pub. L. 96–88, title III, § 301(a)(1), (2)(F), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, defined terms “State”, “institution of higher education”, “Secretary”, “State educational agency”, “school-age population”, “elementary school”, “secondary school”, “public”, “nonprofit”, “local educational agency”, “school of nursing”, “collegiate school of nursing”, “associate degree school of nursing”, and “accredited”. See Codification note set out under [section 401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section401&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1001 — General definition of institution of higher education

**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim); (2) is legally authorized within such State to provide a program of education beyond secondary education; (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; (4) is a public or other nonprofit institution; and (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. **(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes— (1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1087cc — Agreements with institutions of higher education

**(a) Contents of agreements** An agreement with any institution of higher education for the payment of Federal capital contributions under this part shall— (1) provide for the establishment and maintenance of a student loan fund for the purpose of this part; (2) provide for the deposit in such fund of— (A) Federal capital contributions from funds appropriated under [section 1087aa of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087aa&num=0&edition=prelim); (B) a capital contribution by an institution in an amount equal to one-third of the Federal capital contributions described in subparagraph (A); (C) collections of principal and interest on student loans made from deposited funds; (D) charges collected pursuant to regulations under [section 1087dd(c)(1)(H) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087dd/c/1/H&num=0&edition=prelim); and (E) any other earnings of the funds; (3) provide that such student loan fund shall be used only for— (A) loans to students, in accordance with the provisions of this part; (B) administrative expenses, as provided in subsection (b); (C) capital distributions, as provided in [section 1087ff of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087ff&num=0&edition=prelim); and (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087dd/c/1/H&num=0&edition=prelim); (4) provide that where a note or written agree

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 16301 — Education loan repayment program: members of Selected Reserve

**(a)** (1) Subject to the provisions of this section, the Secretary of Defense may repay— (A) any loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 ([20 U.S.C. 1071](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1071&num=0&edition=prelim) et seq.); (B) any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, [20 U.S.C. 1087a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087a&num=0&edition=prelim) et seq.); (C) any loan made under part E of such title ([20 U.S.C. 1087aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087aa&num=0&edition=prelim) et seq.); or (D) any loan incurred for educational purposes made by a lender that is— (i) an agency or instrumentality of a State; (ii) a financial or credit institution (including an insurance company) that is subject to examination and supervision by an agency of the United States or any State; (iii) a pension fund approved by the Secretary for purposes of this section; or (iv) a nonprofit private entity designated by a State, regulated by that State, and approved by the Secretary for purposes of this section. Repayment of any such loan shall be made on the basis of each complete year of service performed by the borrower. (2) The Secretary of Defense may repay loans described in paragraph (1) in the case of any person for service performed as a member of the Selected Reserve of the Ready Reserve of an armed force in a reserve component and in an officer program or military specialty specified by the Secretary of Defense. The Secretary may repay such a loan only if the person to whom the loan was made performed such service a

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 16302 — Education loan repayment program: health professions officers serving in Selected Reserve with wartime critical medical skill shortages

**(a)** Under regulations prescribed by the Secretary of Defense and subject to the other provisions of this section, the Secretary concerned may repay— (1) a loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 ([20 U.S.C. 1071](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1071&num=0&edition=prelim) et seq.); (2) any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, [20 U.S.C. 1087a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087a&num=0&edition=prelim) et seq.); or (3) a loan made under part E of such title ([20 U.S.C. 1087aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087aa&num=0&edition=prelim) et seq.) after October 1, 1975; (4) a health professions education loan made or insured under part A of title VII of the Public Health Service Act ([42 U.S.C. 292](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section292&num=0&edition=prelim) et seq.) or under part B of title VIII of such Act ([42 U.S.C. 297](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section297&num=0&edition=prelim) et seq.); and (5) a loan made, insured, or guaranteed through a recognized financial or educational institution if that loan was used to finance education regarding a basic professional qualifying degree (as determined under regulations prescribed by the Secretary of Defense) or graduate education in a health profession that the Secretary of Defense determines to be critically needed in order to meet identified wartime combat medical skill shortages. **(b)** The Secretary concerned may repay loans described in subsection (a) only in the case of a person who— (1) perfo

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2141 — Educational assistance program: establishment

**(a)** To encourage enlistments and reenlistments for service on active duty in the armed forces, the Secretary of each military department may establish a program in accordance with this chapter to provide educational assistance to persons enlisting or reenlisting in an armed force under his jurisdiction. The costs of any such program shall be borne by the Department of Defense, and a person participating in any such program may not be required to make any contribution to the program. **(b)** The Secretary of Defense shall prescribe regulations for the administration of this chapter. Such regulations shall take account of the differences among the several armed forces. **(c)** In this chapter, the term “enlistment” means original enlistment or reenlistment.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2171 — Education loan repayment program: enlisted members on active duty in specified military specialties

**(a)** (1) Subject to the provisions of this section, the Secretary of Defense may repay— (A) any loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 ([20 U.S.C. 1071](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1071&num=0&edition=prelim) et seq.); (B) any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, [20 U.S.C. 1087a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087a&num=0&edition=prelim) et seq.); (C) any loan made under part E of such title ([20 U.S.C. 1087aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087aa&num=0&edition=prelim) et seq.); or (D) any loan incurred for educational purposes made by a lender that is— (i) an agency or instrumentality of a State; (ii) a financial or credit institution (including an insurance company) that is subject to examination and supervision by an agency of the United States or any State; (iii) a pension fund approved by the Secretary for purposes of this section; or (iv) a non-profit private entity designated by a State, regulated by such State, and approved by the Secretary for purposes of this section. Repayment of any such loan shall be made on the basis of each complete year of service performed by the borrower. (2) The Secretary may repay loans described in paragraph (1) in the case of any person for service performed on active duty as a member in an officer program or military specialty specified by the Secretary. **(b)** The portion or amount of a loan that may be repaid under subsection (a) is 33⅓ percent or $1,500, whichever is greater, for each year of service. **(c)** If a portion of a loan is repaid unde

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2174 — Interest payment program: members on active duty

**(a) Authority.—** (1) The Secretary concerned may pay in accordance with this section the interest and any special allowances that accrue on one or more student loans of an eligible member of the armed forces. (2) The Secretary of a military department may exercise the authority under paragraph (1) only if approved by the Secretary of Defense and subject to such requirements, conditions, and restrictions as the Secretary of Defense may prescribe. **(b) Eligible Members.—** A member of the armed forces is eligible for the benefit under subsection (a) while the member— (1) is serving on active duty in fulfillment of the member’s first enlistment in the armed forces or, in the case of an officer, is serving on active duty and has not completed more than three years of service on active duty; (2) is the debtor on one or more unpaid loans described in subsection (c); and (3) is not in default on any such loan. **(c) Student Loans.—** The authority to make payments under subsection (a) may be exercised with respect to the following loans: (1) A loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 ([20 U.S.C. 1071](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1071&num=0&edition=prelim) et seq.). (2) A loan made under part D of such title ([20 U.S.C. 1087a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087a&num=0&edition=prelim) et seq.). (3) A loan made under part E of such title ([20 U.S.C. 1087aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087aa&num=0&edition=prelim) et seq.). **(d) Maximum Benefit.—** The months for which interest and any special allowance may be paid on behalf of a member of the armed forces under this secti

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2772 — Education loan repayment program for members on active duty in specified military specialties

**(a) In General.—** (1) **Repayment.—** — Subject to the provisions of this section, the Secretary may repay— (A) any loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 ([20 U.S.C. 1071](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1071&num=0&edition=prelim) et seq.); (B) any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, [20 U.S.C. 1087a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087a&num=0&edition=prelim) et seq.); (C) any loan made under part E of such title ([20 U.S.C. 1087aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087aa&num=0&edition=prelim) et seq.); or (D) any loan incurred for educational purposes made by a lender that is— (i) an agency or instrumentality of a State; (ii) a financial or credit institution (including an insurance company) that is subject to examination and supervision by an agency of the United States or any State; (iii) a pension fund approved by the Secretary for purposes of this section; or (iv) a nonprofit private entity designated by a State, regulated by such State, and approved by the Secretary for purposes of this section. (2) **Requirement.—** — Repayment of any such loan shall be made on the basis of each complete year of service performed by the borrower. (3) **Eligibility.—** — The Secretary may repay loans described in paragraph (1) in the case of any person for service performed on active duty as a member in an officer program or military specialty specified by the Secretary. **(b) Amount.—** The portion or amount of a loan that may be repaid under subsection (a) is 33⅓ percent or $1,500, whichever is greater, f

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