Browse Arkansas Code titles and sections
20 U.S.C. § 1097 — Criminal penalties
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any person who knowingly and willfully embezzles, misapplies, steals, obtains by fraud, false statement, or forgery, or fails to refund any funds, assets, or property provided or insured under this subchapter or attempts to so embezzle, misapply, steal, obtain by fraud, false statement or forgery, or fail to refund any funds, assets, or property, shall be fined not more than $20,000 or imprisoned for not more than 5 years, or both, except if the amount so embezzled, misapplied, stolen, obtained by fraud, false statement, or forgery, or failed to be refunded does not exceed $200, then the fine shall not be more than $5,000 and imprisonment shall not exceed one year, or both.
**(b) Assignment of loans** Any person who knowingly and willfully makes any false statement, furnishes any false information, or conceals any material information in connection with the assignment of a loan which is made or insured under this subchapter or attempts to so make any false statement, furnish any false information, or conceal any material information in connection with such assignment shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than one year, or both.
**(c) Inducements to lend or assign** Any person who knowingly and willfully makes an unlawful payment to an eligible lender under part B or attempts to make such unlawful payment as an inducement to make, or to acquire by assignment, a loan insured under such part shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than one year, or both.
**(d) Obstruction of justice** Any person who knowingly and willfully destroys or conceals any record relating to the provision of assistance under this subchapter or attempts to so destroy or conceal
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1097
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: a9707a7e17e3f5c75327f6dffeaf94a9f1608c83487bfdde09c9ca15ceec16d8. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_f9be6d54f4fdcb1b8966f3fd
Source file: Laws/federal/codes/united-states-code/title-20/section-1097-criminal-penalties--75d9e11e3f.md
Pages: Not recorded – Not recorded
Passage SHA-256: 4c25a789bc55c16ce83663f8fb6cf21a92e12b6c0665ad60b584db2628aa32b9
Source location: Title 20, Chapter 28, § 1097; chapter-028-higher-education-resources-and-student-assistance.md
Stored source content
**(a) In general** Any person who knowingly and willfully embezzles, misapplies, steals, obtains by fraud, false statement, or forgery, or fails to refund any funds, assets, or property provided or insured under this subchapter or attempts to so embezzle, misapply, steal, obtain by fraud, false statement or forgery, or fail to refund any funds, assets, or property, shall be fined not more than $20,000 or imprisoned for not more than 5 years, or both, except if the amount so embezzled, misapplied, stolen, obtained by fraud, false statement, or forgery, or failed to be refunded does not exceed $200, then the fine shall not be more than $5,000 and imprisonment shall not exceed one year, or both.
**(b) Assignment of loans** Any person who knowingly and willfully makes any false statement, furnishes any false information, or conceals any material information in connection with the assignment of a loan which is made or insured under this subchapter or attempts to so make any false statement, furnish any false information, or conceal any material information in connection with such assignment shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than one year, or both.
**(c) Inducements to lend or assign** Any person who knowingly and willfully makes an unlawful payment to an eligible lender under part B or attempts to make such unlawful payment as an inducement to make, or to acquire by assignment, a loan insured under such part shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than one year, or both.
**(d) Obstruction of justice** Any person who knowingly and willfully destroys or conceals any record relating to the provision of assistance under this subchapter or attempts to so destroy or conceal with intent to defraud the United States or to prevent the United States from enforcing any right obtained by subrogation under this part, shall upon conviction thereof, be fined not more than $20,000 or imprisoned not more than 5 years, or both.
**(e) Access to Department of Education information technology systems for fraud, commercial advantage, or private financial gain** Any person who knowingly uses an access device, as defined in [section 1029(e)(1) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1029/e/1&num=0&edition=prelim), issued to another person or obtained by fraud or false statement to access Department information technology systems for purposes of obtaining commercial advantage or private financial gain, or in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or of any State, shall be fined not more than $20,000, imprisoned for not more than 5 years, or both.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment and purpose**
(1) **Establishment** — There is established in the Department a Performance-Based Organization (hereafter referred to as the “PBO”) which shall be a discrete management unit responsible for managing the administrative and oversight functions supporting the programs authorized under subchapter IV of this chapter, as specified in subsection (b).
(2) **Purposes** — The purposes of the PBO are—
(A) to improve service to students and other participants in the student financial assistance programs authorized under subchapter IV, including making those programs more understandable to students and their parents;
(B) to reduce the costs of administering those programs;
(C) to increase the accountability of the officials responsible for administering the operational aspects of these programs;
(D) to provide greater flexibility in the management and administration of the Federal student financial assistance programs;
(E) to integrate the information systems supporting the Federal student financial assistance programs;
(F) to implement an open, common, integrated system for the delivery of student financial assistance under subchapter IV; and
(G) to develop and maintain a student financial assistance system that contains complete, accurate, and timely data to ensure program integrity.
**(b) General authority**
(1) **Authority of Secretary** — 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 wor
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1018
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1001
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose of and authority for advances to reserve funds**
(1) **Purpose; eligible recipients** — From sums appropriated pursuant to paragraphs (3) and (4)(A) of [section 1071(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1071/b&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/b&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/b&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/b&num=0&edition=prelim) 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 (w
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1072
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
The Student Loan Marketing Association (and, if the Association is privatized under [section 1087–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087-3&num=0&edition=prelim), any successor entity functioning as a secondary market for loans under this part, including the Holding Company described in such section) shall not engage directly or indirectly in any pattern or practice that results in a denial of a borrower’s access to loans under this part because of the borrower’s race, sex, color, religion, national origin, age, disability status, income, attendance at a particular eligible institution, length of the borrower’s educational program, or the borrower’s academic year at an eligible institution.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1087–4
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 717
TITLE 20—EDUCATION
§ 1097
to correct reference to corresponding section of origi-
nal Act, requiring no change in text.
1986—Subsec. (a). Pub. L. 99–603 inserted provision di-
recting the Secretary to pay the costs incurred by in-
stitutions of higher education in implementing and op-
erating the immigration status verification system
under section 1091(c) of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–39 effective as if enacted
on the date of enactment of Pub. L. 110–315 (Aug. 14,
2008), see section 3 of Pub. L. 111–39, set out as a note
under section 1001 of this title.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103–208 effective as if included
in the Higher Education Amendments of 1992, Pub. L.
102–325, except as otherwise provided, see section 5(a) of
Pub. L. 103–208, set out as a note under section 1051 of
this title.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by section 446(c) of Pub. L. 102–325 effec-
tive Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out
as a note under section 1001 of this title.
Amendment by section 493 of Pub. L. 102–325, relating
to payments for administrative expenses, applicable
with respect to funds provided for award years begin-
ning on or after July 1, 1993, see section 498(7) of Pub.
L. 102–325, set out as a note under section 1088 of this
title.
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100–50 effective as if enacted
as part of the Higher Education Amendments of 1986,
Pub. L. 99–498, see section 27 of Pub. L. 100–50, set out
as a note under section 1001 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–603 effective Oct. 1, 1987,
see section 121(c)(2) of Pub. L. 99–603, set out as
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1097
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.