Arkansas Legal Resource Navigator

42 U.S.C. § 12604 — Disbursement of educational awards

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

42 U.S.C. § 12604 — Disbursement of educational awards

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).’

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12604

Stored review status: historical_2024_not_currentness_verified. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 2720eb7042af9800e5b0d3ea3f59ec695c41da12de5123b6ecfd8632091dee19. 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:usc2024-fb9c6e524490573e0a03484c
Source file: Laws/federal/codes/united-states-code-2024/title-42/section-12604-disbursement-of-educational-awards--0b60612b83.md
Pages: Not recorded – Not recorded
Passage SHA-256: 7785b8a02016435fc85250387122bb72f1c34974624bd338da37357285478be2

Source location: USCODE-2024-title42-chap129-subchapI-divsnD-sec12604.pdf

Stored source content

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

20 U.S.C. § 1070 — Repealed. Pub. L. 117–103, div. R, § 103(c)(2), Mar. 15, 2022, 136 Stat. 821

### 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).

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1070

Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1070. This identifies an authority to review, not proof of applicability.

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

20 U.S.C. § 1070 — Statement of purpose; program authoriza-

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

Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1070. This identifies an authority to review, not proof of applicability.

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

20 U.S.C. § 1078 — Federal payments to reduce student interest costs

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1078

Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1078. This identifies an authority to review, not proof of applicability.

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

20 U.S.C. § 1078 — Federal payments to reduce student inter-

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

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1078

Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1078. This identifies an authority to review, not proof of applicability.

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

20 U.S.C. § 1085 — Definitions for student loan insurance program

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1085

Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1085. This identifies an authority to review, not proof of applicability.

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

20 U.S.C. § 1085 — Definitions for student loan insurance

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

Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1085. This identifies an authority to review, not proof of applicability.

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

20 U.S.C. § 1087a — Program authority

**(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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1087a

Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1087a. This identifies an authority to review, not proof of applicability.

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

20 U.S.C. § 1087a — Program authority

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

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1087a

Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1087a. This identifies an authority to review, not proof of applicability.

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

20 U.S.C. § 1091b — Institutional refunds

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1091b

Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1091b. This identifies an authority to review, not proof of applicability.

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

20 U.S.C. § 1091b — Institutional refunds

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

Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1091b. This identifies an authority to review, not proof of applicability.