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42 U.S.C. § 12604 — Disbursement of educational awards
Federal law — U.S. Code and appendices · legal_authorities
Page 8348
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12604
silver scholar term shall receive a silver scholar
educational award having a value of $1,000.
(Pub. L. 101–610, title I, § 147, as added Pub. L.
103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 819;
amended Pub. L. 111–13, title I, § 1404, Apr. 21,
2009, 123 Stat. 1515.)
Editorial Notes
PRIOR PROVISIONS
A prior section 147 of Pub. L. 101–610 was classified to
section 12577 of this title prior to the general amend-
ment of subtitle D of title I of Pub. L. 101–610 [former
part D of this subchapter] by Pub. L. 103–82, § 102(a).
AMENDMENTS
2009—Pub. L. 111–13, § 1404(1), substituted section
catchline for former section catchline.
Subsec. (a). Pub. L. 111–13, § 1404(2), amended subsec.
(a) generally. Prior to amendment, text read as follows:
‘‘Except as provided in subsection (c) of this section, an
individual described in section 12602(a) of this title who
successfully completes a required term of full-time na-
tional service in an approved national service position
shall receive a national service educational award hav-
ing a value, for each of not more than 2 of such terms
of service, equal to 90 percent of—
‘‘(1) one-half of an amount equal to the aggregate
basic educational assistance allowance provided in
section 3015(b)(1) of title 38 (as in effect on July 28,
1993), for the period referred to in section 3013(a)(1) of
such title (as in effect on July 28, 1993), for a member
of the Armed Forces who is entitled to such an allow-
ance under section 3011 of such title and whose initial
obligated period of active duty is 2 years; less
‘‘(2) one-half of the aggregate basic contribution re-
quired to be made by the member in section 3011(b) of
such title (as in effect on July 28, 1993).’
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Page 8348
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12604
silver scholar term shall receive a silver scholar
educational award having a value of $1,000.
(Pub. L. 101–610, title I, § 147, as added Pub. L.
103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 819;
amended Pub. L. 111–13, title I, § 1404, Apr. 21,
2009, 123 Stat. 1515.)
Editorial Notes
PRIOR PROVISIONS
A prior section 147 of Pub. L. 101–610 was classified to
section 12577 of this title prior to the general amend-
ment of subtitle D of title I of Pub. L. 101–610 [former
part D of this subchapter] by Pub. L. 103–82, § 102(a).
AMENDMENTS
2009—Pub. L. 111–13, § 1404(1), substituted section
catchline for former section catchline.
Subsec. (a). Pub. L. 111–13, § 1404(2), amended subsec.
(a) generally. Prior to amendment, text read as follows:
‘‘Except as provided in subsection (c) of this section, an
individual described in section 12602(a) of this title who
successfully completes a required term of full-time na-
tional service in an approved national service position
shall receive a national service educational award hav-
ing a value, for each of not more than 2 of such terms
of service, equal to 90 percent of—
‘‘(1) one-half of an amount equal to the aggregate
basic educational assistance allowance provided in
section 3015(b)(1) of title 38 (as in effect on July 28,
1993), for the period referred to in section 3013(a)(1) of
such title (as in effect on July 28, 1993), for a member
of the Armed Forces who is entitled to such an allow-
ance under section 3011 of such title and whose initial
obligated period of active duty is 2 years; less
‘‘(2) one-half of the aggregate basic contribution re-
quired to be made by the member in section 3011(b) of
such title (as in effect on July 28, 1993).’’
Subsec. (b). Pub. L. 111–13, § 1404(3), struck out ‘‘, for
each of not more than 2 of such terms of service,’’ after
‘‘having a value’’.
Subsecs. (d), (e). Pub. L. 111–13, § 1404(4), added sub-
secs. (d) and (e).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–13 effective Oct. 1, 2009,
see section 6101(a) of Pub. L. 111–13, set out as a note
under section 4950 of this title.
EFFECTIVE DATE
Section effective Oct. 1, 1993, see section 123 of Pub.
L. 103–82, set out as an Effective Date of 1993 Amend-
ment note under section 1701 of Title 16, Conservation.
§ 12604. Disbursement of educational awards
(a) In general
Amounts in the Trust shall be available—
(1) to repay student loans in accordance with
subsection (b);
(2) to pay all or part of the cost of attend-
ance or other educational expenses at an insti-
tution of higher education in accordance with
subsection (c);
(3) to pay expenses incurred in participating
in an approved school-to-work program in ac-
cordance with subsection (d);
(4) to pay expenses incurred in enrolling in
an educational institution or training estab-
lishment that is approved under chapter 36 of
title 38, or other applicable provisions of law,
for offering programs of education, apprentice-
ship, or on-job training for which educational
assistance may be provided by the Secretary
of Veterans Affairs; and
(5) to pay interest expenses in accordance
with regulations prescribed pursuant to sub-
section (e).
(b) Use of educational award to repay out-
standing student loans
(1) Application by eligible individuals
An eligible individual under section 12602 of
this title who desires to apply the national
service educational award of the individual, an
eligible individual under section 12602(a) of
this title who served in a summer of service
program and desires to apply that individual’s
summer of service educational award, or an el-
igible individual under section 12602(a) of this
title who served in a silver scholar program
and desires to apply that individual’s silver
scholar educational award, to the repayment
of qualified student loans shall submit, in a
manner prescribed by the Corporation, an ap-
plication to the Corporation that—
(A) identifies, or permits the Corporation
to identify readily, the holder or holders of
such loans;
(B) indicates, or permits the Corporation
to determine readily, the amounts of prin-
cipal and interest outstanding on the loans;
(C) specifies, if the outstanding balance is
greater than the amount disbursed under
paragraph (2), which of the loans the indi-
vidual prefers to be paid by the Corporation;
and
(D) contains or is accompanied by such
other information as the Corporation may
require.
(2) Disbursement of repayments
Upon receipt of an application from an eligi-
ble individual of an application that complies
with paragraph (1), the Corporation shall, as
promptly as practicable consistent with para-
graph (5), disburse the amount of the national
service educational award, the summer of
service educational award, or the silver schol-
ar educational award, as applicable, that the
eligible individual has earned. Such disburse-
ment shall be made by check or other means
that is payable to the holder of the loan and
requires the endorsement or other certifi-
cation by the eligible individual.
(3) Application of disbursed amounts
If the amount disbursed under paragraph (2)
is less than the principal and accrued interest
on any qualified student loan, such amount
shall be applied according to the specified pri-
orities of the individual.
(4) Reports by holders
Any holder receiving a loan payment pursu-
ant to this subsection shall submit to the Cor-
poration such information as the Corporation
may require to verify that such payment was
applied in accordance with this subsection and
any regulations prescribed to carry out this
subsection.
(5) Notification of individual
The Corporation upon disbursing the na-
tional service educational award, the summer
Page 8349
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12604
1 So in original. Probably should be followed by a comma.
of service educational award, or the silver
scholar educational award, as applicable, shall
notify the individual of the amount paid for
each outstanding loan and the date of pay-
ment.
(6) Authority to aggregate payments
The Corporation may, by regulation, provide
for the aggregation of payments to holders
under this subsection.
(7) ‘‘Qualified student loans’’ defined
As used in this subsection, the term ‘‘quali-
fied student loans’’ means—
(A) any loan made, insured, or guaranteed
pursuant to title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.), other than
a loan to a parent of a student pursuant to
section 428B of such Act (20 U.S.C. 1078–2);
(B) any loan made pursuant to title VII or
VIII of the Public Health Service Act [42
U.S.C. 292 et seq., 296 et seq.]; and
(C) any loan (other than a loan described
in subparagraph (A) or (B)) determined by an
institution of higher education to be nec-
essary to cover a student’s educational ex-
penses and made, insured, or guaranteed
by—
(i) an eligible lender, as defined in sec-
tion 435 of the Higher Education Act of
1965 (20 U.S.C. 1085);
(ii) the direct student loan program
under part D of title IV of such Act (20
U.S.C. 1087a et seq.);
(iii) a State agency; or
(iv) a lender otherwise determined by the
Corporation to be eligible to receive dis-
bursements from the National Service
Trust.
(8) ‘‘Holder’’ defined
As used in this subsection, the term ‘‘hold-
er’’ with respect to any eligible loan means
the original lender or, if the loan is subse-
quently sold, transferred, or assigned to some
other person, and such other person acquires a
legally enforceable right to receive payments
from the borrower, such other person.
(c) Use of educational awards to pay current
educational expenses
(1) Application by eligible individual
An eligible individual under section 12602 of
this title who desires to apply the individual’s
national service educational award, an eligible
individual under section 12602(a) of this title
who desires to apply the individual’s summer
of service educational award, or an eligible in-
dividual under section 12602(a) of this title
who served in a silver scholar program and de-
sires to apply that individual’s silver scholar
educational award, to the payment of current
full-time or part-time educational expenses
shall, on a form prescribed by the Corporation,
submit an application to the institution of
higher education in which the student will be
enrolled that contains such information as the
Corporation may require to verify the individ-
ual’s eligibility.
(2) Submission of requests for payment by in-
stitutions
An institution of higher education that re-
ceives one or more applications that comply
with paragraph (1) shall submit to the Cor-
poration a statement, in a manner prescribed
by the Corporation, that—
(A) identifies each eligible individual filing
an application under paragraph (1) for a dis-
bursement of the individual’s national serv-
ice educational award, summer of service
educational award, or silver scholar edu-
cational award, as applicable, under this
subsection;
(B) specifies the amounts for which such
eligible individuals are, consistent with
paragraph (6), qualified for disbursement
under this subsection;
(C) certifies that—
(i) the institution of higher education
has in effect a program participation
agreement under section 487 of the Higher
Education Act of 1965 (20 U.S.C. 1094);
(ii) the institution’s eligibility to par-
ticipate in any of the programs under title
IV of such Act (20 U.S.C. 1070 et seq.) has
not been limited, suspended, or termi-
nated; and
(iii) individuals using national service
educational awards, summer of service
educational awards, or silver scholar edu-
cational awards, as applicable, received
under this division to pay for educational
costs do not comprise more than 15 percent
of the total student population of the in-
stitution; and
(D) contains such provisions concerning fi-
nancial compliance as the Corporation may
require.
(3) Disbursement of payments
Upon receipt of a statement from an institu-
tion of higher education that complies with
paragraph (2), the Corporation shall, subject
to paragraph (4), disburse the total amount of
the national service educational awards 1 sum-
mer of service educational awards, or silver
scholar educational awards for which eligible
individuals who have submitted applications
to that institution under paragraph (1) are
scheduled to receive. Such disbursement shall
be made by check or other means that is pay-
able to the institution and requires the en-
dorsement or other certification by the eligi-
ble individual.
(4) Multiple disbursements required
The total amount required to be disbursed to
an institution of higher education under para-
graph (3) for any period of enrollment shall be
disbursed by the Corporation in 2 or more in-
stallments, none of which exceeds 1⁄2 of such
total amount. The interval between the first
and second such installment shall not be less
than 1⁄2 of such period of enrollment, except as
necessary to permit the second installment to
be paid at the beginning of the second semes-
ter, quarter, or similar division of such period
of enrollment.
(5) Refund rules
The Corporation shall, by regulation, pro-
vide for the refund to the Corporation (and the
Page 8350
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12604
crediting to the national service educational
award, summer of service educational award,
or silver scholar educational award, as appli-
cable, of an eligible individual) of amounts
disbursed to institutions for the benefit of eli-
gible individuals who withdraw or otherwise
fail to complete the period of enrollment for
which the assistance was provided. Such regu-
lations shall be consistent with the fair and
equitable refund policies required of institu-
tions pursuant to section 484B of the Higher
Education Act of 1965 (20 U.S.C. 1091b).
Amounts refunded to the Trust pursuant to
this paragraph may be used by the Corpora-
tion to fund additional approved national serv-
ice positions under division C, additional ap-
proved summer of service positions, and addi-
tional approved silver scholar positions.
(6) Maximum award
The portion of an eligible individual’s total
available national service educational award,
summer of service educational award, or silver
scholar educational award that may be dis-
bursed under this subsection for any period of
enrollment shall not exceed the difference be-
tween—
(A) the eligible individual’s cost of attend-
ance and other educational expenses for such
period of enrollment, determined in accord-
ance with section 472 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1087ll); and
(B) the student’s estimated financial as-
sistance for such period under part A of title
IV of such Act (20 U.S.C. 1070 et seq.).
(d) Use of educational award to participate in
approved school-to-work programs
The Corporation shall by regulation provide
for the payment of national service educational
awards, summer of service educational awards,
and silver scholar educational awards to permit
eligible individuals to participate in school-to-
work programs approved by the Secretaries of
Labor and Education.
(e) Interest payments during forbearance on
loan repayment
The Corporation shall provide by regulation
for the payment on behalf of an eligible indi-
vidual of interest that accrues during a period
for which such individual has obtained forbear-
ance in the repayment of a qualified student
loan (as defined in subsection (b)(7)), if the eligi-
ble individual successfully completes the indi-
vidual’s required term of service (as determined
under section 12602(b) of this title). Such regula-
tions shall be prescribed after consultation with
the Secretary of Education.
(f) Transfer of educational awards
(1) In general
An individual who is eligible to receive a na-
tional service educational award or silver
scholar educational award due to service in a
program described in paragraph (2) may elect
to receive the award (in the amount described
in the corresponding provision of section 12603
of this title) and transfer the award to a des-
ignated individual. Subsections (b), (c), and (d)
shall apply to the designated individual in lieu
of the individual who is eligible to receive the
national service educational award or silver
scholar
educational
award,
except
that
amounts refunded to the account under sub-
section (c)(5) on behalf of a designated indi-
vidual may be used by the Corporation to fund
additional placements in the national service
program in which the eligible individual who
transferred the national service educational
award or silver scholar educational award par-
ticipated for such award.
(2) Conditions for transfer
An educational award may be transferred
under this subsection if—
(A)(i) the award is a national service edu-
cational award for service in a national serv-
ice program that receives a grant under divi-
sion C; and
(ii) before beginning the term of service in-
volved, the eligible individual is age 55 or
older; or
(B) the award is a silver scholarship edu-
cational award under section 12653c(a) of this
title.
(3) Modification or revocation
(A) In general
An individual transferring an educational
award under this subsection may, on any
date on which a portion of the educational
award remains unused, modify or revoke the
transfer of the educational award with re-
spect to that portion.
(B) Notice
A modification or revocation of the trans-
fer of an educational award under this para-
graph shall be made by the submission of
written notice to the Corporation.
(4) Prohibition on treatment of transferred
award as marital property
An educational award transferred under this
subsection may not be treated as marital
property, or the asset of a marital estate, sub-
ject to division in a divorce or other civil pro-
ceeding.
(5) Death of transferor
The death of an individual transferring an
educational award under this subsection shall
not affect the use of the educational award by
the child, foster child, or grandchild to whom
the educational award is transferred if such
educational award is transferred prior to the
death of the individual.
(6) Procedures to prevent waste, fraud, or
abuse
The Corporation shall establish require-
ments to prevent waste, fraud, or abuse in con-
nection with the transfer of an educational
award and to protect the integrity of the edu-
cational award under this subsection.
(7) Technical assistance
The Corporation may, as appropriate, pro-
vide technical assistance, to individuals and
eligible entities carrying out national service
programs, concerning carrying out this sub-
section.
(8) Definition of a designated individual
In this subsection, the term ‘‘designated in-
dividual’’ is an individual—
Page 8351
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12604
(A) whom an individual who is eligible to
receive a national service educational award
or silver scholar educational award due to
service in a program described in paragraph
(2) designates to receive the educational
award;
(B) who meets the eligibility requirements
of paragraphs (3) and (4) of section 12602(a) of
this title; and
(C) who is a child, foster child, or grand-
child of the individual described in subpara-
graph (A).
(g) Exception
With the approval of the Chief Executive Offi-
cer, an approved national service program fund-
ed under section 12571 of this title, may offer
participants the option of waiving their right to
receive a national service educational award,
summer of service educational award, or silver
scholar educational award, as appropriate, in
order to receive an alternative post-service ben-
efit funded by the program entirely with non-
Federal funds.
(h) ‘‘Institution of higher education’’ defined
Notwithstanding section 12511 of this title, for
purposes of this section the term ‘‘institution of
higher education’’ has the meaning provided by
section 102 of the Higher Education Act of 1965
[20 U.S.C. 1002].
(Pub. L. 101–610, title I, § 148, as added Pub. L.
103–82, title I, § 102(a), Sept. 21, 1993, 107 Stat. 820;
amended Pub. L. 105–244, title I, § 102(c)(2), Oct. 7,
1998, 112 Stat. 1622; Pub. L. 111–13, title I, § 1405,
Apr. 21, 2009, 123 Stat. 1515.)
Editorial Notes
REFERENCES IN TEXT
The Higher Education Act of 1965, referred to in sub-
secs. (b)(7)(A), (C)(ii) and (c)(2)(C)(ii), (6)(B), is Pub. L.
89–329, Nov. 8, 1965, 79 Stat. 1219. Title IV of the Act is
classified generally to subchapter IV (§ 1070 et seq.) of
chapter 28 of Title 20, Education. Parts A and D of title
IV of the Act are classified generally to parts A (§ 1070
et seq.) and D (§ 1087a et seq.), respectively, of sub-
chapter IV of chapter 28 of Title 20. For complete clas-
sification of this Act to the Code, see Short Title note
set out under section 1001 of Title 20 and Tables.
The Public Health Service Act, referred to in subsec.
(b)(7)(B), is act July 1, 1944, ch. 373, 58 Stat. 682. Titles
VII and VIII of the Act are classified generally to sub-
chapters V (§ 292 et seq.) and VI (§ 296 et seq.), respec-
tively, of chapter 6A of this title. For complete classi-
fication of this Act to the Code, see Short Title note
set out under section 201 of this title and Tables.
PRIOR PROVISIONS
A prior section 148 of Pub. L. 101–610 was classified to
section 12578 of this title prior to the general amend-
ment of subtitle D of title I of Pub. L. 101–610 [former
part D of this subchapter] by Pub. L. 103–82, § 102(a).
AMENDMENTS
2009—Pub. L. 111–13, § 1405(1), substituted section
catchline for former section catchline.
Subsec. (a)(2) to (5). Pub. L. 111–13, § 1405(2), sub-
stituted ‘‘cost of attendance or other educational ex-
penses’’ for ‘‘cost of attendance’’ in par. (2), added par.
(4), and redesignated former par. (4) as (5).
Subsec. (b)(1). Pub. L. 111–13, § 1405(3)(A), inserted
‘‘, an eligible individual under section 12602(a) of this
title who served in a summer of service program and
desires to apply that individual’s summer of service
educational award, or an eligible individual under sec-
tion 12602(a) of this title who served in a silver scholar
program and desires to apply that individual’s silver
scholar educational award,’’ after ‘‘the national service
educational award of the individual’’ in introductory
provisions.
Subsec. (b)(2). Pub. L. 111–13, § 1405(3)(B), inserted
‘‘, the summer of service educational award, or the sil-
ver scholar educational award, as applicable,’’ after
‘‘the national service educational award’’.
Subsec. (b)(5). Pub. L. 111–13, § 1405(3)(C), inserted
‘‘, the summer of service educational award, or the sil-
ver scholar educational award, as applicable’’ after
‘‘the national service educational award’’.
Subsec. (b)(7)(C). Pub. L. 111–13, § 1405(3)(D), added
subpar. (C).
Subsec. (c)(1). Pub. L. 111–13, § 1405(4)(A), inserted
‘‘, an eligible individual under section 12602(a) of this
title who desires to apply the individual’s summer of
service educational award, or an eligible individual
under section 12602(a) of this title who served in a silver
scholar program and desires to apply that individual’s
silver scholar educational award,’’ after ‘‘national serv-
ice educational award’’.
Subsec. (c)(2)(A). Pub. L. 111–13, § 1405(4)(B)(i), in-
serted ‘‘, summer of service educational award, or sil-
ver scholar educational award, as applicable,’’ after
‘‘national service educational award’’.
Subsec. (c)(2)(C)(iii). Pub. L. 111–13, § 1405(4)(B)(ii), in-
serted ‘‘, summer of service educational awards, or sil-
ver scholar educational awards, as applicable,’’ after
‘‘national service educational awards’’.
Subsec. (c)(3). Pub. L. 111–13, § 1405(4)(C), inserted
‘‘summer of service educational awards, or silver schol-
ar educational awards’’ after ‘‘national service edu-
cational awards’’.
Subsec. (c)(5). Pub. L. 111–13, § 1405(4)(D), inserted
‘‘, summer of service educational award, or silver
scholar educational award, as applicable,’’ after ‘‘na-
tional service educational award’’ and ‘‘, additional ap-
proved summer of service positions, and additional ap-
proved silver scholar positions’’ before period at end.
Subsec. (c)(6). Pub. L. 111–13, § 1405(4)(E)(i), inserted
‘‘, summer of service educational award, or silver
scholar educational award’’ after ‘‘national service edu-
cational award’’ in introductory provisions.
Subsec. (c)(6)(A). Pub. L. 111–13, § 1405(4)(E)(ii), in-
serted ‘‘and other educational expenses’’ after ‘‘cost of
attendance’’.
Subsec. (c)(6)(B). Pub. L. 111–13, § 1405(4)(E)(iii), added
subpar. (B) and struck out former subpar. (B) which
read as follows: ‘‘the sum of—
‘‘(i) the student’s estimated financial assistance for
such period under part A of title IV of such Act (20
U.S.C. 1070 et seq.); and
‘‘(ii) the student’s veterans’ education benefits, de-
termined in accordance with section 480(c) of such
Act (20 U.S.C. 1087vv(c)).’’
Subsec.
(d).
Pub.
L.
111–13,
§ 1405(5),
inserted
‘‘, summer of service educational awards, and silver
scholar educational awards’’ after ‘‘national service
educational awards’’.
Subsec. (e). Pub. L. 111–13, § 1405(6), substituted ‘‘sub-
section (b)(7)’’ for ‘‘subsection (b)(6)’’.
Subsec. (f). Pub. L. 111–13, § 1405(9), added subsec. (f).
Former subsec. (f) redesignated (g).
Pub. L. 111–13, § 1405(7), substituted ‘‘Chief Executive
Officer’’ for ‘‘Director’’ and inserted ‘‘, summer of serv-
ice educational award, or silver scholar educational
award, as appropriate,’’ after ‘‘national service edu-
cational award’’.
Subsecs. (g), (h). Pub. L. 111–13, § 1405(8), redesignated
subsecs. (f) and (g) as (g) and (h), respectively.
1998—Subsec. (g). Pub. L. 105–244 substituted ‘‘section
102 of the Higher Education Act of 1965’’ for ‘‘section
481(a) of the Higher Education Act of 1965 (20 U.S.C.
1088(a))’’.
Page 8352
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12605
1 See References in Text note below.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–13 effective Oct. 1, 2009,
see section 6101(a) of Pub. L. 111–13, set out as a note
under section 4950 of this title.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–244 effective Oct. 1, 1998,
except as otherwise provided in Pub. L. 105–244, see sec-
tion 3 of Pub. L. 105–244, set out as a note under section
1001 of Title 20, Education.
EFFECTIVE DATE
Section effective Oct. 1, 1993, see section 123 of Pub.
L. 103–82, set out as an Effective Date of 1993 Amend-
ment note under section 1701 of Title 16, Conservation.
§ 12605. Repealed. Pub. L. 111–13, title I, § 1406(b),
Apr. 21, 2009, 123 Stat. 1521
Section, Pub. L. 108–45, § 2, July 3, 2003, 117 Stat. 844,
related to the process of approval of national service
positions.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 2009, see section 6101(a) of
Pub. L. 111–13, set out as an Effective Date of 2009
Amendment note under section 4950 of this title.
§ 12606. Approval process for approved positions
(a) Timing and recording requirements
(1) In general
Notwithstanding divisions C, D, and H, and
any other provision of law, in approving a po-
sition as an approved national service posi-
tion, an approved summer of service position,
or an approved silver scholar position, the
Corporation—
(A) shall approve the position at the time
the Corporation—
(i) enters into an enforceable agreement
with an individual participant to serve in
a program carried out under division E of
this subchapter, section 12653b or 12653c(a)
of this title, or under title I of the Domes-
tic Volunteer Service Act of 1973 (42 U.S.C.
4951 et seq.), a summer of service program
described in section 12563(c)(8) of this title,
or a silver scholarship program described
in section 12653c(a) of this title; or
(ii) except as provided in clause (i),
awards a grant to (or enters into a con-
tract or cooperative agreement with) an
entity to carry out a program for which
such a position is approved under section
12573 of this title; and
(B) shall record as an obligation an esti-
mate of the net present value of the national
service educational award, summer of serv-
ice educational award, or silver scholar edu-
cational award associated with the position,
based on a formula that takes into consider-
ation historical rates of enrollment in such
a program, and of earning and using national
service educational awards, summer of serv-
ice educational awards, or silver scholar
educational awards, as appropriate, for such
a program and remain available.
(2) Formula
In determining the formula described in
paragraph (1)(B), the Corporation shall consult
with the Director of the Congressional Budget
Office.
(3) Certification report
The Chief Executive Officer of the Corpora-
tion shall annually prepare and submit to the
authorizing committees a report that contains
a certification that the Corporation is in com-
pliance with the requirements of paragraph
(1).
(4) Approval
The requirements of this subsection shall
apply to each approved national service posi-
tion, approved summer of service position, or
approved silver scholarship position that the
Corporation approves—
(A) during fiscal year 2010; and
(B) during any subsequent fiscal year.
(b) Reserve account
(1) Establishment and contents
(A) Establishment
Notwithstanding divisions C, D, and H, and
any other provision of law, within the Na-
tional Service Trust established under sec-
tion 12601 of this title, the Corporation shall
establish a reserve account.
(B) Contents
To ensure the availability of adequate
funds to support the awards of approved na-
tional service positions, approved summer of
service positions, and approved silver schol-
ar positions, for each fiscal year, the Cor-
poration shall place in the account—
(i) during fiscal year 2010, a portion of
the funds that were appropriated for fiscal
year 2010 or a previous fiscal year under
section 12681 of this title or section 501 of
the Domestic Volunteer Service Act of 1973
(42 U.S.C. 5081), were made available to
carry out division C, D, or E of this sub-
chapter, section 12653b or 12653c(a) of this
title, subtitle A 1 of title I of the Domestic
Volunteer Service Act of 1973, or summer
of service programs described in section
12563(c)(8) of this title, and remain avail-
able; and
(ii) during fiscal year 2011 or a subse-
quent fiscal year, a portion of the funds
that were appropriated for that fiscal year
under section 12681 of this title or section
501 of the Domestic Volunteer Service Act
of 1973 (42 U.S.C. 5081), were made available
to carry out division C, D, or E of this sub-
chapter, section 12653b or 12653c(a) of this
title, subtitle A 1 of title I of the Domestic
Volunteer Service Act of 1973, or summer
of service programs described in section
12563(c)(8) of this title, and remain avail-
able.
(2) Obligation
The Corporation shall not obligate the funds
in the reserve account until the Corporation—
(A) determines that the funds will not be
needed for the payment of national service
educational awards associated with pre-
viously approved national service positions,
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
### Statutory Notes
Section, Pub. L. 89–329, title IV, § 420R, as added Pub. L. 111–39, title IV, § 401(a)(9), July 1, 2009, 123 Stat. 1939, related to grants for veteran’s dependents, known as Iraq and Afghanistan Service Grants.
#### Effective Date of Repeal
Repeal effective as if included in title VII of div. FF of Pub. L. 116–260 and subject to the effective date of section 701(b) of title VII (July 1, 2024), see section 103(d) of div. R of Pub. L. 117–103, set out as an Effective Date of 2022 Amendment note under [section 1070a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1070a&num=0&edition=prelim).
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Page 326
TITLE 20—EDUCATION
§ 1070
Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat.
1636, and transferred to this section.
AMENDMENTS
2008—Subsec. (a). Pub. L. 110–315 amended subsec. (a)
generally. Prior to amendment, subsec. (a) related to
authorizations for parts A to E for fiscal year 1999 and
each of the 4 succeeding fiscal years.
1998—Subsec. (a)(1)(A). Pub. L. 105–244, § 308(h)(1)(A),
substituted ‘‘1999’’ for ‘‘1993’’.
Subsec. (a)(1)(B). Pub. L. 105–244, § 308(h)(1)(B), redes-
ignated cl. (i) as entire subpar., substituted ‘‘$10,000,000
for fiscal year 1999’’ for ‘‘$45,000,000 for fiscal year 1993’’,
and struck out cl. (ii) which read as follows: ‘‘No funds
are authorized to be appropriated pursuant to clause (i)
for any fiscal year unless the amount appropriated pur-
suant to paragraph (1)(A) for such fiscal year equals or
exceeds $80,000,000.’’
Subsec. (a)(1)(C). Pub. L. 105–244, § 308(h)(1)(C), added
subpar. (C).
Subsec. (a)(2)(A). Pub. L. 105–244, § 308(h)(2)(A), sub-
stituted ‘‘1999’’ for ‘‘1993’’.
Subsec. (a)(2)(B). Pub. L. 105–244, § 308(h)(2)(B), sub-
stituted ‘‘$35,000,000 for fiscal year 1999’’ for ‘‘$20,000,000
for fiscal year 1993’’.
Subsec. (a)(3). Pub. L. 105–244, § 308(h)(3), substituted
‘‘$10,000,000 for fiscal year 1999’’ for ‘‘$50,000,000 for fiscal
year 1993’’.
Subsec. (a)(4), (5). Pub. L. 105–244, § 308(h)(4), added
pars. (4) and (5).
Subsec. (c). Pub. L. 105–244, § 308(h)(5), struck out
heading and text of subsec. (c). Text read as follows: ‘‘If
the amount appropriated under subsection (a)(1) of this
section for part A of this subchapter for any fiscal year
beginning after September 30, 1986, equals or exceeds
the amount appropriated for such part for fiscal year
1986, the Secretary shall, for suc
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1070
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal interest subsidies**
(1) **Types of loans that qualify** — Each student who has received a loan for study at an eligible institution for which the first disbursement is made before July 1, 2010, and—
(A) which is insured by the Secretary under this part; or
(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),
shall be entitled to have paid on his or her behalf and for his or her account to the holder of the loan a portion of the interest on such loan under circumstances described in paragraph (2).
(2) **Additional requirements to receive subsidy**
(A) Each student qualifying for a portion of an interest payment under paragraph (1) shall—
(i) have provided to the lender a statement from the eligible institution, at which the student has been accepted for enrollment, or at which the student is in attendance, which—
(I) sets forth the loan amount for which the student shows financial need; and
(II) sets forth a schedule for disbursement of the proceeds of the loan in ins
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Federal law — U.S. Code and appendices · legal_authorities
Page 417
TITLE 20—EDUCATION
§ 1078
‘‘(i) the average of the bond equivalent rates of 91-
day Treasury bills auctioned during the 12 months
ending on November 30 preceding such calendar year;
plus
‘‘(ii) 3.75 percent.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2007 AMENDMENT
Amendment by Pub. L. 110–84 effective Oct. 1, 2007,
see section 1(c) of Pub. L. 110–84, set out as a note under
section 1070a of this title.
EFFECTIVE DATE OF 2006 AMENDMENT
Amendment by Pub. L. 109–171 effective July 1, 2006,
except as otherwise provided, see section 8001(c) of Pub.
L. 109–171, set out as a note under section 1002 of this
title.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105–244, title IV, § 416(c), Oct. 7, 1998, 112 Stat.
1682, provided that: ‘‘The amendments made by this
section [amending this section and sections 1078–2,
1078–3, and 1087–1 of this title] shall apply with respect
to any loan made, insured, or guaranteed under part B
of title IV of the Higher Education Act of 1965 [20 U.S.C.
1071 et seq.] for which the first disbursement is made on
or after October 1, 1998, and before July 1, 2003, except
that such amendments shall apply with respect to any
loan made under section 428C of such Act [20 U.S.C.
1078–3] for which the application is received by an eligi-
ble lender on or after October 1, 1998, and before July
1, 2003.’’
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by section 2(c)(5) of Pub. L. 103–208 effec-
tive on and after Dec. 20, 1993, and amendment by sec-
tion 2(c)(6)–(10) of Pub. L. 103–208 effective, except as
otherwise provided, as if included in the Higher Edu-
cation Amendments of 1992, Pub. L. 102–325, see section
5(a), (b)(2) of Pub. L. 103–208, set out as a note under
section 1051 of this title.
EFFECTIVE DATE O
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Federal law — U.S. Code and appendices · legal_authorities
As used in this part:
**(a) Eligible institution**
(1) **In general** — Except as provided in paragraph (2), the term “eligible institution” means an institution of higher education, as defined in [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1002&num=0&edition=prelim), except that, for the purposes of sections 1077(a)(2)(C)(i) and 1078(b)(1)(M)(i) of this title, an eligible institution includes any institution that is within this definition without regard to whether such institution is participating in any program under this subchapter and includes any institution ineligible for participation in any program under this part pursuant to paragraph (2) of this subsection.
(2) **Ineligibility based on high default rates**
(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 thr
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Federal law — U.S. Code and appendices · legal_authorities
Page 495
TITLE 20—EDUCATION
§ 1085
tions of higher education served by such guar-
anty agency, shall develop and make available
high-quality educational programs and mate-
rials to provide training for students and fami-
lies in budgeting and financial management, in-
cluding debt management and other aspects of
financial literacy, such as the cost of using high
interest loans to pay for postsecondary edu-
cation, particularly as budgeting and financial
management relates to student loan programs
authorized by this subchapter. Such programs
and materials shall be in formats that are sim-
ple and understandable to students and families,
and shall be provided before, during, and after
the students’ enrollment in an institution of
higher education. The activities described in
this section shall be considered default reduc-
tion activities for the purposes of section 1072 of
this title.
(b) Rule of construction
Nothing in this section shall be construed to
prohibit—
(1) a guaranty agency from using existing
activities, programs, and materials in meeting
the requirements of this section;
(2) a guaranty agency from providing pro-
grams or materials similar to the programs or
materials described in subsection (a) to an in-
stitution of higher education that provides
loans exclusively through part D; or
(3) a lender or loan servicer from providing
outreach or financial aid literacy information
in accordance with subsection (a).
(Pub. L. 89–329, title IV, § 433A, as added Pub. L.
110–315, title IV, § 435, Aug. 14, 2008, 122 Stat.
3252.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1083a, Pub. L. 89–329, title IV, § 433A,
as added Pub. L. 96–374, title IV, § 418, Oct. 3, 1980, 94
Stat. 1423; amended Pub. L. 97–301, § 13(a), Oct. 13, 1982,
96 Stat
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1085
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087i-1&num=0&edition=prelim). 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).
**(b) Designation**
(1) **Program** — The program established under this part shall be referred to as the “William D. Ford Federal Direct Loan Program”.
(2) **Direct loans** — Notwithstanding any other provision of this part, loans made to borrowers under this part that, except as otherwise specified in this part, have the same terms, conditions, and benefits as loans made to borrowers under [section 1078 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078&num=0&edition=prelim), shall be known as “Federal Direct Stafford/Ford Loans”.
**(c) Maximum aid** The maximum dollar amount of financial assistance provided under this part to a student shall not exceed the cost of attendance for such student.
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Federal law — U.S. Code and appendices · legal_authorities
Page 554
TITLE 20—EDUCATION
§ 1087a
PART D—WILLIAM D. FORD FEDERAL DIRECT
LOAN PROGRAM
Editorial Notes
CODIFICATION
Parts A to J of title IV of the Higher Education Act
of 1965, Pub. L. 89–329 (‘‘the HEA’’), would typically
have been classified to parts A to J of this subchapter.
However, part C of title IV of the HEA could not be
classified to part C of this subchapter when it was en-
acted because it amended and related to various provi-
sions of the Economic Opportunity Act of 1964, Pub. L.
88–452, which were classified to Title 42, The Public
Health and Welfare. As a result, parts D to J of title IV
of the HEA were editorially designated as parts C to I
of this subchapter to fill the gap left in the Code by the
absence of a part C. That original part C of title IV of
the HEA was subsequently repealed, and part C of title
I of the Economic Opportunity Act of 1964 was redesig-
nated to become a new part C of title IV of the HEA.
In order to merge the pieces of the HEA together after
the redesignation and logically realign the part struc-
ture of the HEA with that of the Code, part C of title
IV of the HEA was editorially transferred from its
original location in part C (§ 2751 et seq.) of subchapter
I of chapter 34 of Title 42 to part C (§ 1087–51 et seq.) of
this subchapter, and subsequent parts D to I of title IV
of the HEA were redesignated as parts D to I of this
subchapter. Part J of title IV of the HEA was omitted
instead of redesignated as part J of this subchapter be-
cause it had already been transferred to another part of
the HEA.
PRIOR PROVISIONS
A prior part D, consisting of part E of title IV of Pub.
L. 89–329, was redesignated part E of this subchapter.
§ 1087a. Program authority
(a) In general
There are hereby made availab
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Return of subchapter IV funds**
(1) **In general** — If a recipient of assistance under this subchapter withdraws from an institution during a payment period or period of enrollment in which the recipient began attendance, the amount of grant or loan assistance (other than assistance received under part C) to be returned to the subchapter IV programs is calculated according to paragraph (3) and returned in accordance with subsection (b).
(2) **Leave of absence**
(A) *Leave not treated as withdrawal* — In the case of a student who takes 1 or more leaves of absence from an institution for not more than a total of 180 days in any 12-month period, the institution may consider the student as not having withdrawn from the institution during the leave of absence, and not calculate the amount of grant and loan assistance provided under this subchapter that is to be returned in accordance with this section if—
(i) the institution has a formal policy regarding leaves of absence;
(ii) the student followed the institution’s policy in requesting a leave of absence; and
(iii) the institution approved the student’s request in accordance with the institution’s policy.
(B) *Consequences of failure to return* — If a student does not return to the institution at the expiration of an approved leave of absence that meets the requirements of subparagraph (A), the institution shall calculate the amount of grant and loan assistance provided under this subchapter that is to be returned in accordance with this section based on the day the student withdrew (as determined under subsection (c)).
(3) **Calculation of amount of subchapter IV assistance earned**
(A) *In general* — The amount of grant or loan assistance under this subchapter that is earned by the recipi
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Page 661
TITLE 20—EDUCATION
§ 1091b
1992, 105 Stat. 838, provided that: ‘‘The amendments
made by this section [amending this section] shall be
effective as if enacted by the Consolidated Omnibus
Budget Reconciliation Act of 1985 (Public Law 99–272),
and shall apply to any actions pending on or after the
date of enactment of the Higher Education Technical
Amendments of 1991 [Apr. 9, 1991].’’
§ 1091b. Institutional refunds
(a) Return of subchapter IV funds
(1) In general
If a recipient of assistance under this sub-
chapter withdraws from an institution during
a payment period or period of enrollment in
which the recipient began attendance, the
amount of grant or loan assistance (other than
assistance received under part C) to be re-
turned to the subchapter IV programs is cal-
culated according to paragraph (3) and re-
turned in accordance with subsection (b).
(2) Leave of absence
(A) Leave not treated as withdrawal
In the case of a student who takes 1 or
more leaves of absence from an institution
for not more than a total of 180 days in any
12-month period, the institution may con-
sider the student as not having withdrawn
from the institution during the leave of ab-
sence, and not calculate the amount of grant
and loan assistance provided under this sub-
chapter that is to be returned in accordance
with this section if—
(i) the institution has a formal policy re-
garding leaves of absence;
(ii) the student followed the institution’s
policy in requesting a leave of absence;
and
(iii) the institution approved the stu-
dent’s request in accordance with the in-
stitution’s policy.
(B) Consequences of failure to return
If a student does not return to the institu-
tion at the expiration of an approved leave
of absence that meets the requirements
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1091b
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