-CITE- 20 USC CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE 01/02/2006 -EXPCITE- TITLE 20 - EDUCATION CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE -HEAD- CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE -MISC1- SUBCHAPTER I - GENERAL PROVISIONS PART A - DEFINITIONS Sec. 1001. General definition of institution of higher education. (a) Institution of higher education. (b) Additional institutions included. (c) List of accrediting agencies. 1002. Definition of institution of higher education for purposes of student assistance programs. (a) Definition of institution of higher education for purposes of student assistance programs. (b) Proprietary institution of higher education. (c) Postsecondary vocational institution. 1003. Additional definitions. PART B - ADDITIONAL GENERAL PROVISIONS 1011. Antidiscrimination. (a) In general. (b) Limitations on statutory construction. 1011a. Protection of student speech and association rights. (a) Protection of rights. (b) Construction. (c) Definitions. 1011b. Treatment of territories and territorial student assistance. (a) Waiver authority. (b) Eligibility. 1011c. National Advisory Committee on Institutional Quality and Integrity. (a) Establishment. (b) Terms of members. (c) Public notice. (d) Functions. (e) Meeting procedures. (f) Report. (g) Termination. 1011d. Student representation. 1011e. Financial responsibility of foreign students. 1011f. Disclosures of foreign gifts. (a) Disclosure report. (b) Contents of report. (c) Additional disclosures for restricted and conditional gifts. (d) Relation to other reporting requirements. (e) Public inspection. (f) Enforcement. (g) Regulations. (h) Definitions. 1011g. Application of peer review process. 1011h. Binge drinking on college campuses. (a) Short title. (b) Sense of Congress. 1011i. Drug and alcohol abuse prevention. (a) Restriction on eligibility. (b) Information availability. (c) Regulations. (d) Appeals. (e) Alcohol and drug abuse prevention grants. (f) National Recognition Awards. 1011j. Prior rights and obligations. (a) Authorization of appropriations. (b) Legal responsibilities. 1011k. Recovery of payments. (a) Public benefit. (b) Recovery upon cessation of public benefit. (c) Prohibition on use for religion. PART C - COST OF HIGHER EDUCATION 1015. Improvements in market information and public accountability in higher education. (a) Improved data collection. (b) Data dissemination. (c) Study. (d) Student aid recipient survey. PART D - ADMINISTRATIVE PROVISIONS FOR DELIVERY OF STUDENT FINANCIAL ASSISTANCE 1018. Performance-based organization for delivery of Federal student financial assistance. (a) Establishment and purpose. (b) General authority. (c) Performance plan and report. (d) Chief operating officer. (e) Senior management. (f) Student Loan Ombudsman. (g) Personnel flexibility. (h) Establishment of fair and equitable system for measuring staff performance. (i) Report. (j) Authorization of appropriations. 1018a. Procurement flexibility. (a) Procurement authority. (b) In general. (c) Service contracts. (d) Two-phase source-selection procedures. (e) Use of simplified procedures for commercial items. (f) Flexible wait periods and deadlines for submission of offers of noncommercial items. (g) Modular contracting. (h) Use of simplified procedures for small business set-asides for services other than commercial items. (i) Guidance for use of authority. (j) Limitation on multiagency contracting. (k) Laws not affected. (l) Definitions. 1018b. Administrative simplification of student aid delivery. (a) In general. (b) Participation in standard setting organizations. (c) Adoption of voluntary consensus standards. (d) Use of clearinghouses. (e) Data security. (f) Definitions. SUBCHAPTER II - TEACHER QUALITY ENHANCEMENT PART A - TEACHER QUALITY ENHANCEMENT GRANTS FOR STATES AND PARTNERSHIPS 1021. Purposes; definitions. (a) Purposes. (b) Definitions. 1022. State grants. (a) In general. (b) Eligible State. (c) Application. (d) Uses of funds. 1023. Partnership grants. (a) Grants. (b) Definitions. (c) Application. (d) Required uses of funds. (e) Allowable uses of funds. (f) Special rule. (g) Construction. 1024. Teacher recruitment grants. (a) Program authorized. (b) "Eligible applicant" defined. (c) Application. (d) Uses of funds. (e) Service requirements. 1025. Administrative provisions. (a) Duration; one-time awards; payments. (b) Peer review. (c) Matching requirements. (d) Limitation on administrative expenses. (e) Teacher qualifications provided to parents upon request. 1026. Accountability and evaluation. (a) State grant accountability report. (b) Eligible partnership evaluation. (c) Revocation of grant. (d) Evaluation and dissemination. 1027. Accountability for programs that prepare teachers. (a) Development of definitions and reporting methods. (b) State report card on quality of teacher preparation. (c) Initial report. (d) Report of Secretary on quality of teacher preparation. (e) Coordination. (f) Institutional report cards on quality of teacher preparation. 1028. State functions. (a) State assessment. (b) Termination of eligibility. (c) Negotiated rulemaking. 1029. General provisions. (a) Methods. (b) Special rule. (c) Limitations. 1030. Authorization of appropriations. PART B - PREPARING TOMORROW'S TEACHERS TO USE TECHNOLOGY 1041. Purpose and program authority. (a) Purpose. (b) Program authority. 1042. Eligibility. (a) Eligible applicants. (b) Application requirements. (c) Matching requirements. 1043. Use of funds. (a) Required uses. (b) Permissible uses. 1044. Authorization of appropriations. SUBCHAPTER III - INSTITUTIONAL AID 1051. Findings and purpose. (a) Findings. (b) Purpose. PART A - STRENGTHENING INSTITUTIONS 1057. Program purpose. (a) General authorization. (b) Grants awarded; special consideration. (c) Authorized activities. (d) Endowment fund. 1058. Definitions; eligibility. (a) Educational and general expenditures. (b) Eligible institution. (c) Endowment fund. (d) Enrollment of needy students. (e) Full-time equivalent students. (f) Junior or community college. (g) Historically black college or university. 1059. Duration of grant. (a) Award period. (b) Limitations. (c) Planning grants. (d) Wait-out-period. 1059a. Applications. 1059b. Goals for financial management and academic program. (a) Goals. (b) Continuation requirements. 1059c. American Indian tribally controlled colleges and universities. (a) Program authorized. (b) Definitions. (c) Authorized activities. (d) Application process. 1059d. Alaska Native and Native Hawaiian-serving institutions. (a) Program authorized. (b) Definitions. (c) Authorized activities. (d) Application process. PART B - STRENGTHENING HISTORICALLY BLACK COLLEGES AND UNIVERSITIES 1060. Findings and purposes. 1061. Definitions. 1062. Grants to institutions. (a) General authorization; uses of funds. (b) Endowment fund. (c) Limitations. 1063. Allotments to institutions. (a) Allotment; Pell Grant basis. (b) Allotment; graduates basis. (c) Allotment; graduate and professional student basis. (d) Minimum allotment. (e) Reallotment. (f) Special merger rule. (g) Special rule for certain District of Columbia eligible institutions. 1063a. Applications. (a) Contents. (b) Approval. (c) Goals for financial management and academic programs. 1063b. Professional or graduate institutions. (a) General authorization. (b) Duration. (c) Uses of funds. (d) Application. (e) Eligibility. (f) Funding rule. (g) Hold harmless rule. 1063c. Reporting and audit requirements. (a) Recordkeeping. (b) Repayment of unexpended funds. PART C - ENDOWMENT CHALLENGE GRANTS FOR INSTITUTIONS ELIGIBLE FOR ASSISTANCE UNDER PART A OR PART B 1064. Repealed. 1065. Endowment challenge grants. (a) Purpose; definitions. (b) Grants authorized. (c) Grant agreement; endowment fund provisions. (d) Repayment provisions. (e) Audit information. (f) Selection criteria. (g) Application. (h) Termination and recovery provisions. PART D - HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL FINANCING 1066. Findings. 1066a. Definitions. 1066b. Federal insurance for bonds. (a) General rule. (b) Responsibilities of designated bonding authority. (c) Additional agreement provisions. (d) Full faith and credit provisions. (e) Sale of bonds. 1066c. Limitations on Federal insurance for bonds issued by designated bonding authority. (a) Limit on amount. (b) Limitation on credit authority. (c) Religious activity prohibition. (d) Discrimination prohibition. 1066d. Authority of Secretary. 1066e. Repealed. 1066f. HBCU Capital Financing Advisory Board. (a) Establishment and purpose. (b) Board membership. 1066g. Minority business enterprise utilization. PART E - MINORITY SCIENCE AND ENGINEERING IMPROVEMENT PROGRAM SUBPART 1 - MINORITY SCIENCE AND ENGINEERING IMPROVEMENT PROGRAM 1067. Findings. 1067a. Purpose; authority. (a) Congressional declaration of purpose. (b) Grant authority. 1067b. Grant recipient selection. (a) Establishment of criteria. (b) Priorities to be given in criteria. (c) Required criteria. 1067c. Use of funds. (a) Types of grants. (b) Authorized uses for each type of grant. 1067d. Omitted. SUBPART 2 - ADMINISTRATIVE AND GENERAL PROVISIONS 1067g. Eligibility for grants. 1067h. Grant application. (a) Submission and contents of applications. (b) Approval based on likelihood of progress. 1067i. Cross program and cross agency cooperation. 1067j. Administrative provisions. (a) Technical staff. (b) Procedures for grant review. 1067k. Definitions. 1067l. Repealed. PART F - GENERAL PROVISIONS 1068. Applications for assistance. (a) Applications. (b) Contents. (c) Priority criteria publication required. (d) Eligibility data. 1068a. Waiver authority and reporting requirement. (a) Waiver requirements; need-based assistance students. (b) Waiver determinations; expenditures. 1068b. Application review process. (a) Review panel. (b) Recommendations of panel. (c) Notification. (d) Exclusion. 1068c. Cooperative arrangements. (a) General authority. (b) Priority. (c) Duration. 1068d. Assistance to institutions under other programs. (a) Assistance eligibility. (b) Waiver applicability. (c) Limitation. 1068e. Limitations. 1068f. Penalties. 1068g. Continuation awards. 1068h. Authorization of appropriations. (a) Authorizations. (b) Use of multiple year awards. SUBCHAPTER IV - STUDENT ASSISTANCE PART A - GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER EDUCATION 1070. Statement of purpose; program authorization. (a) Purpose. (b) Secretary required to carry out purposes. SUBPART 1 - FEDERAL PELL GRANTS 1070a. Federal Pell Grants: amount and determinations; applications. (a) Program authority and method of distribution. (b) Purpose and amount of grants. (c) Period of eligibility for grants. (d) Applications for grants. (e) Distribution of grants to students. (f) Calculation of eligibility. (g) Insufficient appropriations. (h) Use of excess funds. (i) Treatment of institutions and students under other laws. (j) Institutional ineligibility based on default rates. 1070a-1 to 1070a-6. Repealed. SUBPART 2 - FEDERAL EARLY OUTREACH AND STUDENT SERVICES PROGRAMS DIVISION 1 - FEDERAL TRIO PROGRAMS 1070a-11. Program authority; authorization of appropriations. (a) Grants and contracts authorized. (b) Recipients, duration, and size. (c) Procedures for awarding grants and contracts. (d) Outreach. (e) Documentation of status as a low-income individual. (f) Authorization of appropriations. (g) Definitions. 1070a-12. Talent search. (a) Program authority. (b) Permissible services. (c) Requirements for approval of applications. 1070a-13. Upward bound. (a) Program authority. (b) Permissible services. (c) Required services. (d) Requirements for approval of applications. (e) Maximum stipends. 1070a-14. Student support services. (a) Program authority. (b) Permissible services. (c) Special rule. (d) Requirements for approval of applications. 1070a-15. Postbaccalaureate achievement program authority. (a) Program authority. (b) Services. (c) Requirements. (d) Award considerations. (e) Maximum stipends. (f) Funding. 1070a-16. Educational opportunity centers. (a) Program authority; services provided. (b) Permissible services. (c) Requirements for approval of applications. 1070a-17. Staff development activities. (a) Secretary's authority. (b) Contents of training programs. (c) Consultation. 1070a-18. Evaluations and grants for project improvement and dissemination partnership projects. (a) Evaluations. (b) Grants. (c) Results. DIVISION 2 - GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS 1070a-21. Early intervention and college awareness program authorized. (a) Program authorized. (b) Awards. (c) "Eligible entity" defined. 1070a-22. Requirements. (a) Funding rules. (b) Limitation. (c) Coordination. (d) Designation of fiscal agent. (e) Coordinators. (f) Displacement. (g) Cohort approach. 1070a-23. Eligible entity plans. (a) Plan required for eligibility. (b) Matching requirement. (c) Methods for complying with matching requirement. (d) Peer review panels. 1070a-24. Early intervention. (a) Services. (b) Uses of funds. (c) Priority students. (d) Allowable providers. 1070a-25. Scholarship component. (a) In general. (b) Grant amounts. (c) Relation to other assistance. (d) Eligible students. (e) Priority. (f) Special rule. 1070a-26. 21st Century Scholar Certificates. (a) Authority. (b) Information required. 1070a-27. Evaluation and report. (a) Evaluation. (b) Evaluation standards. (c) Federal evaluation. (d) Report. 1070a-28. Authorization of appropriations. DIVISION 3 - ACADEMIC ACHIEVEMENT INCENTIVE SCHOLARSHIPS 1070a-31. Scholarships authorized. 1070a-32. Scholarship program requirements. (a) Amount of award. (b) Assistance not to exceed cost of attendance. 1070a-33. Eligibility of scholars. (a) Procedures established by regulation. (b) Coordination. 1070a-34. Student requirements. (a) In general. (b) Continuing eligibility. 1070a-35. Authorization of appropriations. DIVISION 4 - MODEL PROGRAM COMMUNITY PARTNERSHIP AND COUNSELING GRANTS 1070a-41 to 1070a-43. Repealed. DIVISION 5 - PUBLIC INFORMATION 1070a-51 to 1070a-53. Repealed. DIVISION 6 - NATIONAL STUDENT SAVINGS DEMONSTRATION PROGRAM 1070a-61. Repealed. DIVISION 7 - PREELIGIBILITY FORM 1070a-71. Repealed. DIVISION 8 - TECHNICAL ASSISTANCE FOR TEACHERS AND COUNSELORS 1070a-81. Repealed. SUBPART 3 - FEDERAL SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS 1070b. Purpose; appropriations authorized. (a) Purpose of subpart. (b) Authorization of appropriations. 1070b-1. Amount and duration of grants. (a) Amount of grant. (b) Period for receipt of grants; continuing eligibility. (c) Distribution of grant during academic year. 1070b-2. Agreements with institutions; selection of recipients. (a) Institutional eligibility. (b) Eligibility for selection. (c) Selection of individuals and determination of amount of awards. (d) Use of funds for less-than-full-time students. (e) Use and transfer of funds for administrative expenses. 1070b-3. Allocation of funds. (a) Allocation based on previous allocation. (b) Allocation of excess based on fair share. (c) Determination of institution's need. (d) Reallocation of excess allocations. (e) Filing deadlines. 1070b-4. Carryover and carryback authority. (a) Carryover authority. (b) Carryback authority. SUBPART 4 - LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP PROGRAM 1070c. Purpose; appropriations authorized. (a) Purpose of subpart. (b) Authorization of appropriations; availability. 1070c-1. Allotment among States. (a) Allotment based on number of eligible students in attendance. (b) Reallotment. (c) Allotments subject to continuing compliance. 1070c-2. Applications for leveraging educational assistance partnership programs. (a) Submission and contents of applications. (b) Payment of Federal share of grants made by qualified program. (c) Reservation and disbursement of allotments and reallotments. 1070c-3. Administration of State programs; judicial review. (a) Disapproval of applications; suspension of eligibility. (b) Review of decisions. 1070c-3a. Special leveraging educational assistance partnership program. (a) In general. (b) Applicability rule. (c) Authorized activities. (d) Maintenance of effort requirement. (e) Federal share. (f) Special rule. (g) Use of funds for administrative costs prohibited. 1070c-4. "Community service" defined. 1070d to 1070d-1d. Repealed. SUBPART 5 - SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE ENGAGED IN MIGRANT AND SEASONAL FARMWORK 1070d-2. Maintenance and expansion of existing programs. (a) Program authority. (b) Services provided by high school equivalency program. (c) Services provided by college assistance migrant program. (d) Management plan required. (e) Five-year grant period; consideration of prior experience. (f) Minimum allocations. (g) Data collection. (h) Authorization of appropriations. SUBPART 6 - ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM 1070d-31. Statement of purpose. 1070d-32. Repealed. 1070d-33. Scholarships authorized. (a) Program authority. (b) Period of award. (c) Use at any institution permitted. (d) Byrd Scholars. 1070d-34. Allocation among States. (a) Allocation formula. (b) Number of scholarships available. (c) Use of census data. (d) Consolidation by Insular Areas prohibited. (e) FAS eligibility. 1070d-35. Agreements. 1070d-36. Eligibility of scholars. (a) High school graduation or equivalent and admission to institution required. (b) Selection based on promise of academic achievement. 1070d-37. Selection of scholars. (a) Establishment of criteria. (b) Adoption of procedures. (c) Consultation requirement. (d) Timing of selection. 1070d-38. Stipends and scholarship conditions. (a) Amount of award. (b) Use of award. 1070d-39. Repealed. 1070d-40. Construction of needs provisions. 1070d-41. Authorization of appropriations. SUBPART 7 - CHILD CARE ACCESS MEANS PARENTS IN SCHOOL 1070e. Child care access means parents in school. (a) Purpose. (b) Program authorized. (c) Applications. (d) Priority. (e) Reporting requirements; continuing eligibility. (f) Construction. (g) Authorization of appropriations. SUBPART 8 - LEARNING ANYTIME ANYWHERE PARTNERSHIPS 1070f. Findings. 1070f-1. Purpose; program authorized. (a) Purpose. (b) Program authorized. 1070f-2. Application. (a) Requirement. (b) Contents. 1070f-3. Authorized activities. 1070f-4. Matching requirement. 1070f-5. Peer review. 1070f-6. Authorization of appropriations. PART B - FEDERAL FAMILY EDUCATION LOAN PROGRAM 1071. Statement of purpose; nondiscrimination; and appropriations authorized. (a) Purpose; discrimination prohibited. (b) Authorization of appropriations. (c) Designation. 1072. Advances for reserve funds of State and nonprofit private loan insurance programs. (a) Purpose of and authority for advances to reserve funds. (b) Limitations on total advances. (c) Advances for insurance obligations. (d) Recovery of advances during fiscal years 1988 and 1989. (e) Correction for errors under reduction of excess cash reserves. (f) Refund of cash reserve payments. (g) Preservation and recovery of guaranty agency reserves. (h) Recall of reserves; limitations on use of reserve funds and assets. (i) Additional recall of reserves. 1072a. Federal Student Loan Reserve Fund. (a) Establishment. (b) Investment of funds. (c) Additional deposits. (d) Uses of funds. (e) Ownership of Federal Fund. (f) Transition. 1072b. Agency Operating Fund. (a) Establishment. (b) Investment of funds. (c) Additional deposits. (d) Uses of funds. (e) Ownership and regulation of Operating Fund. 1073. Effects of adequate non-Federal programs. (a) Federal insurance barred to lenders with access to State or private insurance. (b) Exceptions. 1074. Scope and duration of Federal loan insurance program. (a) Limitations on amounts of loans covered by Federal insurance. (b) Apportionment of amounts. 1075. Limitations on individual federally insured loans and on Federal loan insurance. (a) Annual and aggregate limits. (b) Level of insurance coverage based on default rate. 1076. Sources of funds. 1077. Eligibility of student borrowers and terms of federally insured student loans. (a) List of requirements. (b) Special rules for multiple disbursement. (c) Special repayment rules. (d) Borrower information. 1077a. Applicable interest rates. (a) Rates to be consistent for borrower's entire debt. (b) Reduction for new borrowers after decline in Treasury bill rates. (c) Rates for supplemental loans for students and loans for parents. (d) Interest rates for new borrowers after July 1, 1988. (e) Interest rates for new borrowers after October 1, 1992. (f) Interest rates for new loans after July 1, 1994. (g) In school and grace period rules. (h) Interest rates for new loans after July 1, 1998. (i) Treatment of excess interest payments on new borrower accounts resulting from decline in Treasury bill rates. (j) Interest rates for new loans between July 1, 1998 and October 1, 1998. (k) Interest rates for new loans on or after October 1, 1998, and before July 1, 2006. (l) Interest rates for new loans on or after July 1, 2006. (m) Lesser rates permitted. (n) Definitions. 1078. Federal payments to reduce student interest costs. (a) Federal interest subsidies. (b) Insurance program agreements to qualify loans for interest subsidies. (c) Guaranty agreements for reimbursing losses. (d) Usury laws inapplicable. (e) Notice of availability of income-sensitive repayment option. (f) Payments of certain costs. (g) Action on insurance program and guaranty agreements. (h) Lending by guaranty agencies. (i) Multiple disbursement of loans. (j) Lenders-of-last-resort. (k) Information on defaults. (l) Default aversion assistance. (m) Income contingent repayment. (n) Blanket certificate of loan guaranty. (o) Armed Forces student loan interest payment program. 1078-1. Voluntary flexible agreements with guaranty agencies. (a) Voluntary agreements. (b) Terms of agreement. (c) Public notice. (d) Termination. 1078-2. Federal PLUS loans. (a) Authority to borrow. (b) Limitation based on need. (c) PLUS loan disbursement. (d) Payment of principal and interest. (e) Refinancing. (f) Verification of immigration status and social security number. 1078-3. Federal consolidation loans. (a) Agreements with eligible lenders. (b) Contents of agreements, certificates of insurance, and loan notes. (c) Payment of principal and interest. (d) Special program authorized. (e) Termination of authority. (f) Interest payment rebate fee. 1078-4. Commingling of funds. 1078-5. Repealed. 1078-6. Default reduction program. (a) Other repayment incentives. (b) Satisfactory repayment arrangements to renew eligibility. 1078-7. Requirements for disbursement of student loans. (a) Multiple disbursement required. (b) Disbursement and endorsement requirements. (c) Method of multiple disbursement. (d) Withholding of second disbursement. (e) Exclusion of consolidation and foreign study loans. (f) Beginning of period of enrollment. (g) Sales prior to disbursement prohibited. 1078-8. Unsubsidized Stafford loans for middle-income borrowers. (a) In general. (b) Eligible borrowers. (c) Determination of amount of loan. (d) Loan limits. (e) Payment of principal and interest. (f) Repealed. (g) Single application form and loan repayment schedule. (h) Insurance premium. 1078-9. Special insurance and reinsurance rules. (a) Designation of lenders, servicers, and guaranty agencies. (b) Payment to lenders and servicers. (c) Supervision of designated lenders and servicers. (d) Supervision of designated guaranty agencies. (e) Special rule. (f) Limitation. (g) Claims. (h) Evaluation. (i) Termination. (j) Definitions. 1078-10. Loan forgiveness for teachers. (a) Statement of purpose. (b) Program authorized. (c) Qualified loans amount. (d) Regulations. (e) Construction. (f) List. (g) Additional eligibility provisions. (h) "Year" defined. 1078-11. Loan forgiveness for child care providers. (a) Purpose. (b) Definitions. (c) Demonstration program. (d) Loan repayment. (e) Repayment to eligible lenders. (f) Application for repayment. (g) Evaluation. (h) Authorization of appropriations. 1079. Certificate of Federal loan insurance - effective date of insurance. (a) Loan-by-loan insurance. (b) Comprehensive insurance coverage certificate. (c) Charges for Federal insurance. (d) Assignability of insurance. (e) Consolidation not to affect insurance. 1080. Default of student under Federal loan insurance program. (a) Notice to Secretary and payment of loss. (b) Effect of payment of loss. (c) Forbearance not precluded. (d) Care and diligence required of holders. (e) Default rate of lenders, holders, and guaranty agencies. 1080a. Reports to credit bureaus and institutions of higher education. (a) Agreements to exchange information. (b) Additional information. (c) Contents of agreements. (d) Contractor status of participants. (e) Disclosure to institutions. (f) Duration of authority. 1081. Insurance fund. (a) Establishment. (b) Borrowing authority. 1082. Legal powers and responsibilities. (a) General powers. (b) Financial operations responsibilities. (c) Data collection. (d) Delegation. (e) Use of information on borrowers. (f) Audit of financial transactions. (g) Civil penalties. (h) Authority of the Secretary to impose and enforce limitations, suspensions, and terminations. (i) Authority to sell defaulted loans. (j) Authority of Secretary to take emergency actions against lenders. (k) Program of assistance for borrowers. (l) Uniform administrative and claims procedures. (m) Common forms and formats. (n) Default reduction management. (o) Consequences of guaranty agency insolvency. (p) Reporting requirement. 1083. Student loan information by eligible lenders. (a) Required disclosure before disbursement. (b) Required disclosure before repayment. (c) Cost of disclosure and consequences of nondisclosure. (d) Separate statement. (e) Special disclosure rules on SLS loans and PLUS loans and unsubsidized loans. 1084. Participation by Federal credit unions in Federal, State, and private student loan insurance programs. 1085. Definitions for student loan insurance program. (a) Eligible institution. (b), (c) Repealed. (d) Eligible lender. (e) Line of credit. (f) Due diligence. (g), (h) Repealed. (i) Holder. (j) Guaranty agency. (k) Insurance beneficiary. (l) Default. (m) Cohort default rate. (n) Repealed. (o) Economic hardship. 1086. Delegation of functions. (a) In general. (b) Special rule. 1087. Repayment by Secretary of loans of bankrupt, deceased, or disabled borrowers; treatment of borrowers attending closed schools or falsely certified as eligible to borrow. (a) Repayment in full for death and disability. (b) Payment of claims on loans in bankruptcy. (c) Discharge. (d) Repayment of loans to parents. 1087-0. Repealed. 1087-1. Special allowances. (a) Findings. (b) Computation and payment. (c) Origination fees from students. (d) Loan fees from lenders. (e) Nondiscrimination. (f) Regulations to prevent denial of loans to eligible students. 1087-2. Student Loan Marketing Association. (a) Purpose. (b) Establishment. (c) Board of Directors. (d) Authority of Association. (e) Advances to lenders that do not discriminate. (f) Stock of the Association. (g) Preferred stock. (h) Debt obligations. (i) General corporate powers. (j) Accounting, auditing, and reporting. (k) Report on audits by Treasury. (l) Lawful investment instruments; effect of and exemptions from other laws. (m) Preparation of obligations. (n) Report on operations and activities. (o) Loan consolidations. (p) Advances for direct loans by guaranty agencies. (q) Lender-of-last-resort. (r) Safety and soundness of Association. (s) Charter sunset. 1087-3. Reorganization of Student Loan Marketing Association through formation of Holding Company. (a) Actions by Association's Board of Directors. (b) Shareholder approval. (c) Transition. (d) Termination of Association. (e) Operation of Holding Company. (f) Strict construction. (g) Right to enforce. (h) Deadline for reorganization effective date. (i) Definitions. 1087-4. Discrimination in secondary markets prohibited. PART C - WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM 1087a. Program authority. (a) In general. (b) Designation. 1087b. Funds for origination of direct student loans. (a) In general. (b) No entitlement to participate or originate. (c) Delivery of loan funds. 1087c. Selection of institutions for participation and origination. (a) General authority. (b) Selection criteria. (c) Selection criteria for origination. (d) Eligible institutions. (e) Consortia. 1087d. Agreements with institutions. (a) Participation agreements. (b) Origination. (c) Withdrawal and termination procedures. 1087e. Terms and conditions of loans. (a) In general. (b) Interest rate. (c) Loan fee. (d) Repayment plans. (e) Income contingent repayment. (f) Deferment. (g) Federal Direct Consolidation Loans. (h) Borrower defenses. (i) Loan application and promissory note. (j) Loan disbursement. (k) Fiscal control and fund accountability. (l) Armed Forces student loan interest payment program. 1087f. Contracts. (a) Contracts for supplies and services. (b) Contracts for origination, servicing, and data systems. 1087g. Regulatory activities. (a) Notice in lieu of regulations for first year of program. (b) Closing date for applications from institutions. (c) Publication of list of participating institutions. 1087h. Funds for administrative expenses. (a) Administrative expenses. (b) Calculation basis. (c) Special rules. (d) Budget justification. 1087i. Authority to sell loans. 1087j. Loan cancellation for teachers. (a) Statement of purpose. (b) Program authorized. (c) Qualified loan amounts. (d) Regulations. (e) Construction. (f) List. (g) Additional eligibility provisions. (h) "Year" defined. PART D - FEDERAL PERKINS LOANS 1087aa. Appropriations authorized. (a) Program authority. (b) Authorization of appropriations. (c) Use of appropriations. 1087bb. Allocation of funds. (a) Allocation based on previous allocation. (b) Allocation of excess based on share of excess eligible amounts. (c) Determination of institution's self-help need. (d) Anticipated collections. (e) Default penalties. (f) Applicable maximum cohort default rate. (g) "Cohort default rate" defined. (h) Filing deadlines. (i) Reallocation of excess allocations. 1087cc. Agreements with institutions of higher education. (a) Contents of agreements. (b) Administrative expenses. (c) Cooperative agreements with credit bureau organizations. (d) Limitation on use of interest bearing accounts. (e) Special due diligence rule. 1087cc-1. Student loan information by eligible institutions. (a) Disclosure required prior to disbursement. (b) Disclosure required prior to repayment. (c) Costs and effects of disclosures. 1087dd. Terms of loans. (a) Terms and conditions. (b) Demonstration of need and eligibility required. (c) Contents of loan agreement. (d) Availability of loan fund to all eligible students. (e) Forbearance. (f) Special repayment rule authority. (g) Discharge. (h) Rehabilitation of loans. (i) Incentive repayment program. (j) Armed Forces student loan interest payment program. 1087ee. Cancellation of loans for certain public service. (a) Cancellation of percentage of debt based on years of qualifying service. (b) Reimbursement for cancellation. (c) Special rules. 1087ff. Distribution of assets from student loan funds. (a) In general. (b) Distribution of late collections. (c) Distribution of excess capital. 1087gg. Collection of defaulted loans: Perkins Loan Revolving Fund. (a) Authority of Secretary to collect referred, transferred, or assigned loans. (b) Collection of referred, transferred, or assigned loans. 1087hh. General authority of Secretary. 1087ii. Definitions. (a) Low-income communities. (b) High-risk children. (c) Infants, toddlers, children, and youth with disabilities. PART E - NEED ANALYSIS 1087kk. Amount of need. 1087ll. Cost of attendance. 1087mm. Family contribution. 1087nn. Determination of expected family contribution; data elements. (a) General rule for determination of expected family contribution. (b) Data elements. 1087oo. Family contribution for dependent students. (a) Computation of expected family contribution. (b) Parents' contribution from adjusted available income. (c) Parents' available income. (d) Parents' contribution from assets. (e) Assessment schedule. (f) Computations in case of separation, divorce, remarriage, or death. (g) Student contribution from available income. (h) Student contribution from assets. (i) Adjustments to parents' contribution for enrollment periods other than 9 months for purposes other than subpart 2 of part A of this subchapter. (j) Adjustments to student's contribution for enrollment periods of less than nine months. 1087pp. Family contribution for independent students without dependents other than a spouse. (a) Computation of expected family contribution. (b) Family's contribution from available income. (c) Family contribution from assets. (d) Computations in case of separation, divorce, or death. 1087qq. Family contribution for independent students with dependents other than a spouse. (a) Computation of expected family contribution. (b) Family's available income. (c) Family's contribution from assets. (d) Assessment schedule. (e) Computations in case of separation, divorce, or death. 1087rr. Regulations; updated tables. (a) Authority to prescribe regulations restricted. (b) Income protection allowance. (c) Adjusted net worth of a farm or business. (d) Education savings and asset protection allowance. (e) Assessment schedules and rates. (f) "Consumer Price Index" defined. (g) State and other tax allowance. (h) Employment expense allowance. 1087ss. Simplified needs test. (a) Simplified application section. (b) Simplified needs test. (c) Zero expected family contribution. 1087tt. Discretion of student financial aid administrators. (a) In general. (b) Adjustments to assets taken into account. (c) Refusal or adjustment of loan certifications. 1087uu. Disregard of student aid in other Federal programs. 1087uu-1. Native American students. 1087vv. Definitions. (a) Total income. (b) Untaxed income and benefits. (c) Veteran and veterans' education benefits. (d) Independent student. (e) Excludable income. (f) Assets. (g) Net assets. (h) Treatment of income taxes paid to other jurisdictions. (i) Current balance. (j) Other financial assistance; tuition prepayment plans. (k) Dependents. (l) Family size. (m) Business assets. PART F - GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE PROGRAMS 1088. Definitions. (a) Academic and award year. (b) Eligible program. (c) Third party servicer. 1088a. Clock and credit hour treatment of diploma nursing schools. 1089. Master calendar. (a) Secretary required to comply with schedule. (b) Timing for reallocations. (c) Delay of effective date of late publications. (d) Notice to Congress. 1090. Forms and regulations. (a) Common financial aid form development and processing. (b) Streamlined reapplication process. (c) Information to committees of Congress. (d) Toll-free information. (e) Preparer. 1091. Student eligibility. (a) In general. (b) Eligibility for student loans. (c) Satisfactory progress. (d) Students who are not high school graduates. (e) Certification for GSL eligibility. (f) Loss of eligibility for violation of loan limits. (g) Verification of immigration status. (h) Limitations of enforcement actions against institutions. (i) Validity of loan guarantees for loan payments made before immigration status verification completed. (j) Assistance under subparts 1 and 3 of part A, and part C. (k) Special rule for correspondence courses. (l) Courses offered through telecommunications. (m) Students with a first baccalaureate or professional degree. (n) Data base matching. (o) Study abroad. (p) Verification of social security number. (q) Verification of income data. (r) Suspension of eligibility for drug-related offenses. 1091a. Statute of limitations, and State court judgments. (a) In general. (b) Assessment of costs and other charges. (c) State court judgments. 1091b. Institutional refunds. (a) Return of title IV funds. (b) Return of title IV program funds. (c) Withdrawal date. (d) Percentage of the payment period or period of enrollment completed. (e) Effective date. 1092. Institutional and financial assistance information for students. (a) Information dissemination activities. (b) Exit counseling for borrowers. (c) Financial assistance information personnel. (d) Departmental publication of descriptions of assistance programs. (e) Disclosures required with respect to athletically related student aid. (f) Disclosure of campus security policy and campus crime statistics. (g) Data required. 1092a. Combined payment plan. (a) Eligibility for plan. (b) Applicability of other requirements. (c) Lender eligibility. (d) Borrower selection of competing offers. (e) Effect of plan. (f) Notes and insurance certificates. (g) Termination of borrower eligibility. (h) Fees and premiums. (i) Commencement of repayment. 1092b. National Student Loan Data System. (a) Development of System. (b) Additional information. (c) Verification. (d) Omitted. (e) Standardization of data reporting. (f) Common identifiers. (g) Integration of databases. 1092c. Simplification of lending process for borrowers. (a) All like loans treated as one. (b) One lender, one guaranty agency. 1092d. Scholarship fraud assessment and awareness activities. (a) Annual report on scholarship fraud. (b) National awareness activities. 1093. Distance education demonstration programs. (a) Purpose. (b) Demonstration programs authorized. (c) Application. (d) Selection. (e) Notification. (f) Evaluations and reports. (g) Oversight. (h) "Distance education" defined. 1094. Program participation agreements. (a) Required for programs of assistance; contents. (b) Hearings. (c) Audits; financial responsibility; enforcement of standards. (d) "Eligible institution" defined. (e) Construction. 1094a. Regulatory relief and improvement. (a) Quality Assurance Program. (b) Regulatory improvement and streamlining experiments. (c) "Current award year" defined. 1094b. Assignment of identification numbers. 1095. Transfer of allotments. 1095a. Wage garnishment requirement. (a) Garnishment requirements. (b) Hearing requirements. (c) Notice requirements. (d) No attachment of student assistance. (e) "Disposable pay" defined. 1096. Administrative expenses. (a) Amount of payments. (b) Purpose of payments. 1096a. Repealed. 1097. Criminal penalties. (a) In general. (b) Assignment of loans. (c) Inducements to lend or assign. (d) Obstruction of justice. 1097a. Administrative subpoenas. (a) Authority. (b) Enforcement. 1098. Advisory Committee on Student Financial Assistance. (a) Establishment and purpose. (b) Independence of Advisory Committee. (c) Membership. (d) Functions of the Committee. (e) Operations of the Committee. (f) Submission to Department for comment. (g) Compensation and expenses. (h) Personnel and resources. (i) Availability of funds. (j) Special analyses and activities. (k) Term of Committee. 1098a. Regional meetings and negotiated rulemaking. (a) Meetings. (b) Draft regulations. (c) Applicability of Federal Advisory Committee Act. (d) Authorization of appropriations. 1098b. Authorization of appropriations for administrative expenses. 1098c. Year 2000 requirements at the Department. (a) Preparations for Year 2000. (b) Postponement authority for Year 2000. 1098d. Procedures for cancellations and deferments for eligible disabled veterans. 1099. Exemption from State disclosure requirements. PART G - PROGRAM INTEGRITY SUBPART 1 - STATE ROLE 1099a. State responsibilities. (a) State responsibilities. (b) Institutional responsibility. SUBPART 2 - ACCREDITING AGENCY RECOGNITION 1099b. Recognition of accrediting agency or association. (a) Criteria required. (b) "Separate and independent" defined. (c) Operating procedures required. (d) Length of recognition. (e) Initial arbitration rule. (f) Jurisdiction. (g) Limitation on scope of criteria. (h) Change of accrediting agency. (i) Dual accreditation rule. (j) Impact of loss of accreditation. (k) Religious institution rule. (l) Limitation, suspension, or termination of recognition. (m) Limitation on Secretary's authority. (n) Independent evaluation. (o) Regulations. SUBPART 3 - ELIGIBILITY AND CERTIFICATION PROCEDURES 1099c. Eligibility and certification procedures. (a) General requirement. (b) Single application form. (c) Financial responsibility standards. (d) Administrative capacity standard. (e) Financial guarantees from owners. (f) Actions on applications and site visits. (g) Time limitations on, and renewal of, eligibility. (h) Provisional certification of institutional eligibility. (i) Treatment of changes of ownership. (j) Treatment of branches. 1099c-1. Program review and data. (a) General authority. (b) Special administrative rules. (c) Data collection rules. (d) Training. (e) Special rule. 1099c-2. Review of regulations. (a) Review required. (b) Regulatory and statutory relief for small volume institutions. (c) Consultation. (d) Reports to Congress. SUBCHAPTER V - DEVELOPING INSTITUTIONS PART A - HISPANIC-SERVING INSTITUTIONS 1101. Findings; purpose; and program authority. (a) Findings. (b) Purpose. (c) Program authority. 1101a. Definitions; eligibility. (a) Definitions. (b) Enrollment of needy students. 1101b. Authorized activities. (a) Types of activities authorized. (b) Authorized activities. (c) Endowment fund limitations. 1101c. Duration of grant. (a) Award period. (b) Planning grants. 1101d. Special rule. PART B - GENERAL PROVISIONS 1103. Eligibility; applications. (a) Institutional eligibility. (b) Applications. (c) Contents. (d) Priority. (e) Eligibility data. 1103a. Waiver authority and reporting requirement. (a) Waiver requirements; need-based assistance students. (b) Waiver determinations; expenditures. 1103b. Application review process. (a) Review panel. (b) Instruction. (c) Recommendations of panel. (d) Notification. 1103c. Cooperative arrangements. (a) General authority. (b) Priority. (c) Duration. 1103d. Assistance to institutions under other programs. (a) Assistance eligibility. (b) Waiver applicability. (c) Limitation. 1103e. Limitations. 1103f. Penalties. 1103g. Authorizations of appropriations. (a) Authorizations. (b) Use of multiple year awards. SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS PART A - INTERNATIONAL AND FOREIGN LANGUAGE STUDIES 1121. Findings and purposes. (a) Findings. (b) Purposes. 1122. Graduate and undergraduate language and area centers and programs. (a) National language and area centers and programs authorized. (b) Graduate fellowships for foreign language and area or international studies. (c) Special rule with respect to travel. (d) Allowances. 1123. Language resource centers. (a) Language resource centers authorized. (b) Authorized activities. (c) Conditions for grants. 1124. Undergraduate international studies and foreign language programs. (a) Incentives for creation of new programs and strengthening of existing programs in undergraduate international studies and foreign language programs. (b) Programs of national significance. (c) Funding support. 1125. Research; studies; annual report. (a) Authorized activities. (b) Annual report. 1126. Technological innovation and cooperation for foreign information access. (a) Authority. (b) Authorized activities. (c) Application. (d) Match required. 1127. Selection of certain grant recipients. (a) Competitive grants. (b) Selection criteria. (c) Equitable distribution of grants. 1128. Equitable distribution of certain funds. (a) Selection criteria. (b) Equitable distribution. (c) Support for undergraduate education. 1128a. American overseas research centers. (a) Centers authorized. (b) Use of grants. (c) Limitation. (d) Development grants. 1128b. Authorization of appropriations. PART B - BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS 1130. Findings and purposes. (a) Findings. (b) Purposes. 1130-1. Centers for international business education. (a) Program authorized. (b) Authorized expenditures. (c) Authorized activities. (d) Advisory council. (e) Grant duration; Federal share. (f) Grant conditions. 1130a. Education and training programs. (a) Program authorized. (b) Authorized activities. (c) Applications. (d) Federal share. 1130b. Authorization of appropriations. (a) Centers for international business education. (b) Education and training programs. PART C - INSTITUTE FOR INTERNATIONAL PUBLIC POLICY 1131. Minority foreign service professional development program. (a) Establishment. (b) "Eligible recipient" defined. (c) Application. (d) Duration. (e) Match required. 1131-1. Institutional development. (a) In general. (b) Application. (c) Definitions. 1131a. Study abroad program. (a) Program authority. (b) "Eligible student" defined. (c) Special rule. 1131b. Masters degree in international relations. 1131c. Internships. (a) In general. (b) Postbaccalaureate internships. (c) Interagency Committee on Minority Careers in International Affairs. 1131d. Report. 1131e. Gifts and donations. 1131f. Authorization of appropriations. PART D - GENERAL PROVISIONS 1132. Definitions. (a) Definitions. (b) Special conditions. 1132-1. Repealed. SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS 1133. Purpose. PART A - GRADUATE EDUCATION PROGRAMS SUBPART 1 - JACOB K. JAVITS FELLOWSHIP PROGRAM 1134. Award of Jacob K. Javits fellowships. (a) Authority and timing of awards. (b) Designation of fellows. (c) Interruptions of study. (d) Process and timing of competition. (e) Authority to contract. 1134a. Allocation of fellowships. (a) Fellowship Board. (b) Use of selection panels. (c) Fellowship portability. 1134b. Stipends. (a) Award by Secretary. (b) Institutional payments. 1134c. Fellowship conditions. (a) Requirements for receipt. (b) Reports from recipients. 1134d. Authorization of appropriations. SUBPART 2 - GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED 1135. Grants to academic departments and programs of institutions. (a) Grant authority. (b) Award and duration of grants. (c) Preference to continuing grant recipients. 1135a. Institutional eligibility. (a) Eligibility criteria. (b) Designation of areas of national need. 1135b. Criteria for applications. (a) Selection of applications. (b) Contents of applications. 1135c. Awards to graduate students. (a) Commitments to graduate students. (b) Amount of stipends. (c) Treatment of institutional payments. (d) Academic progress required. 1135d. Additional assistance for cost of education. (a) Institutional payments. (b) Use for overhead prohibited. 1135e. Authorization of appropriations. SUBPART 3 - THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY PROGRAM 1136. Legal educational opportunity program. (a) Program authority. (b) Eligibility. (c) Contract or grant authorized. (d) Services provided. (e) Duration of provision of services. (f) Subcontracts and subgrants. (g) Stipends. (h) Authorization of appropriations. SUBPART 4 - GENERAL PROVISIONS 1137. Administrative provisions for subparts 1, 2, and 3. (a) Coordinated administration. (b) Hiring authority. (c) Use for religious purposes prohibited. (d) Evaluation. (e) Continuation awards. PART B - FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION 1138. Fund for the Improvement of Postsecondary Education. (a) Authority. (b) Planning grants. 1138a. National Board of the Fund for the Improvement of Postsecondary Education. (a) Establishment. (b) Membership. (c) Duties. (d) Information and assistance. 1138b. Administrative provisions. (a) Technical employees. (b) Procedures. 1138c. Special projects. (a) Grant authority. (b) Application. (c) Areas of national need. 1138d. Authorization of appropriations. PART C - URBAN COMMUNITY SERVICE 1139. Findings. 1139a. Purpose; program authorized. (a) Purpose. (b) Program authorized. 1139b. Application for urban community service grants. (a) Application. (b) Priority in selection of applications. (c) Selection procedures. 1139c. Allowable activities. 1139d. Peer review. 1139e. Disbursement of funds. (a) Multiyear availability. (b) Equitable geographic distribution. (c) Matching requirement. 1139f. Designation of Urban Grant Institutions. 1139g. Definitions. 1139h. Authorization of appropriations. PART D - DEMONSTRATION PROJECTS TO ENSURE STUDENTS WITH DISABILITIES RECEIVE A QUALITY HIGHER EDUCATION 1140. Purposes. 1140a. Grants authorized. (a) Competitive grants authorized. (b) Duration; activities. (c) Considerations in making awards. 1140b. Applications. 1140c. Rule of construction. 1140d. Authorization of appropriations. SUBCHAPTER VIII - MISCELLANEOUS 1151. Grants to States for workplace and community transition training for incarcerated youth offenders. (a) Findings. (b) "Youth offender" defined. (c) Grant program. (d) Application. (e) Program requirements. (f) Student eligibility. (g) Length of participation. (h) Education delivery systems. (i) Allocation of funds. (j) Authorization of appropriations. 1152. Repealed. 1153. Underground Railroad educational and cultural program. (a) Program established. (b) Grant agreement. (c) Authorization of appropriations. 1154. Contract authority. 1155. Connie Lee privatization. (a) Status of Corporation and corporate powers; obligations not federally guaranteed. (b) Related privatization requirements. (c) Sale of federally owned stock. (d) Omitted. (e) Establishment of account. -End- -CITE- 20 USC SUBCHAPTER I - GENERAL PROVISIONS 01/02/2006 -EXPCITE- TITLE 20 - EDUCATION CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER I - GENERAL PROVISIONS -HEAD- SUBCHAPTER I - GENERAL PROVISIONS -COD- CODIFICATION Title I of the Higher Education Act of 1965, comprising this subchapter, was originally enacted by Pub. L. 89-329, title I, Nov. 8, 1965, 79 Stat. 1219, and amended by Pub. L. 90-575, Oct. 16, 1968, 82 Stat. 1014; Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 121; Pub. L. 92-318, June 23, 1972, 86 Stat. 235; Pub. L. 93-29, May 3, 1973, 87 Stat. 30; Pub. L. 93-380, Aug. 21, 1974, 88 Stat. 484; Pub. L. 93-644, Jan. 4, 1975, 88 Stat. 2291; Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 713; Pub. L. 94-482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95-43, June 15, 1977, 91 Stat. 213; Pub. L. 96-49, Aug. 13, 1979, 93 Stat. 351; Pub. L. 96-96, Oct. 31, 1979, 93 Stat. 729; Pub. L. 96-374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322; Pub. L. 98-524, Oct. 19, 1984, 98 Stat. 2435; Pub. L. 99-386, Aug. 22, 1986, 100 Stat. 821; Pub. L. 99-498, Oct. 17, 1986, 100 Stat. 1268; Pub. L. 100-418, Aug. 23, 1988, 102 Stat. 1107; Pub. L. 101-305, May 30, 1990, 104 Stat. 253; Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127; Pub. L. 102-54, June 13, 1991, 105 Stat. 267; Pub. L. 102-325, July 23, 1992, 106 Stat. 448; Pub. L. 103-208, Dec. 20, 1993, 107 Stat. 2457. Such title is shown herein, however, as having been added by Pub. L. 105- 244, title I, Sec. 101(a), Oct. 7, 1998, 112 Stat. 1585, without reference to such intervening amendments because of the extensive revision of the title's provisions by Pub. L. 105-244. -End- -CITE- 20 USC Part A - Definitions 01/02/2006 -EXPCITE- TITLE 20 - EDUCATION CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER I - GENERAL PROVISIONS Part A - Definitions -HEAD- PART A - DEFINITIONS -End- -CITE- 20 USC Sec. 1001 01/02/2006 -EXPCITE- TITLE 20 - EDUCATION CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER I - GENERAL PROVISIONS Part A - Definitions -HEAD- Sec. 1001. General definition of institution of higher education -STATUTE- (a) Institution of higher education For purposes of this chapter, other than subchapter IV, the term "institution of higher education" means an educational institution in any State that - (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate; (2) is legally authorized within such State to provide a program of education beyond secondary education; (3) provides an educational program for which the institution awards a bachelor's degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. (b) Additional institutions included For purposes of this chapter, other than subchapter IV, the term "institution of higher education" also includes - (1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a recognized occupation and that meets the provision of paragraphs (1), (2), (4), and (5) of subsection (a) of this section; and (2) a public or nonprofit private educational institution in any State that, in lieu of the requirement in subsection (a)(1) of this section, admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located. (c) List of accrediting agencies For purposes of this section and section 1002 of this title, the Secretary shall publish a list of nationally recognized accrediting agencies or associations that the Secretary determines, pursuant to subpart 2 of part G of subchapter IV of this chapter, to be reliable authority as to the quality of the education or training offered. -SOURCE- (Pub. L. 89-329, title I, Sec. 101, as added Pub. L. 105-244, title I, Sec. 101(a), Oct. 7, 1998, 112 Stat. 1585.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original "this Act", meaning Pub. L. 89-329, as amended, known as the Higher Education Act of 1965. For complete classification of this Act to the Code, see Short Title note below and Tables. Subchapter IV, referred to in subsecs. (a) and (b), was in the original "title IV", meaning title IV of Pub. L. 89-329, as amended, which is classified generally to subchapter IV of this chapter and part C of subchapter I of chapter 34 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note below and Tables. -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 1141(a) of this title prior to repeal by Pub. L. 105-244. A prior section 1001, Pub. L. 89-329, title I, Sec. 101, as added Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat. 459, related to purposes of school, college, and university partnership grant program, prior to the general amendment of this subchapter by Pub. L. 105-244. Another prior section 1001, Pub. L. 89-329, title I, Sec. 101, as added Pub. L. 99-498, title I, Sec. 101, Oct. 17, 1986, 100 Stat. 1278, related to Congressional findings, prior to the general amendment of this subchapter by Pub. L. 102-325. Another prior section 1001, Pub. L. 89-329, title I, Sec. 101, as added Pub. L. 96-374, title I, Sec. 101(a), Oct. 3, 1980, 94 Stat. 1373, stated Congressional findings with respect to continuing postsecondary education program and planning, prior to the general amendment of this subchapter by Pub. L. 99-498. Another prior section 1001, Pub. L. 89-329, title I, Sec. 101, Nov. 8, 1965, 79 Stat. 1219; Pub. L. 90-575, title II, Sec. 201, Oct. 16, 1968, 82 Stat. 1035; Pub. L. 92-318, title I, Sec. 101(a), June 23, 1972, 86 Stat. 236; Pub. L. 94-482, title I, Sec. 101(a), Oct. 12, 1976, 90 Stat. 2083; Pub. L. 96-49, Sec. 2, Aug. 13, 1979, 93 Stat. 351, authorized appropriations for the community service, continuing education, and lifelong learning program grant programs through fiscal year 1980, prior to the general amendment of this subchapter by Pub. L. 96-374. EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105-244, Sec. 3, Oct. 7, 1998, 112 Stat. 1585, provided that: "Except as otherwise provided in this Act [see Tables for classification] or the amendments made by this Act, the amendments made by this Act shall take effect on October 1, 1998." EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102-325, Sec. 2, July 23, 1992, 106 Stat. 458, provided that: "Except as otherwise provided in this Act (20 U.S.C. 1001 et seq.) [see Tables for classification], the amendments made by this Act shall take effect on October 1, 1992." EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100-50, Sec. 27, June 3, 1987, 101 Stat. 363, provided that: "The amendments made by this Act [see Short Title of 1987 Amendment note below] shall take effect as if enacted as part of the Higher Education Amendments of 1986 [Pub. L. 99-498, see Short Title of 1986 Amendments note below]." EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99-498, Sec. 2, Oct. 17, 1986, 100 Stat. 1277, provided that: "Except as otherwise provided in this Act, the amendments made by this Act [see Tables for classification] shall take effect on the date of enactment of this Act [Oct. 17, 1986]." EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96-374, title XIII, Sec. 1393, Oct. 3, 1980, 94 Stat. 1504, provided that: "(a) Except as provided in subsection (b), this Act and the amendments made by this Act [see Tables for classification] shall take effect on October 1, 1980. "(b)(1) The amendment made by section 301 of this Act to title III of the Act [enacting subchapter III of this chapter] shall take effect October 1, 1981. "(2) The amendment made by section 404(c)(4) of this Act to section 415C(b)(4) of the Act [amending section 1070c-2 of this title] shall be effective October 1, 1979. "(3) The amendment made by section 405 to subpart 4 of part A of title IV of the Act [amending subpart 4 of part A of subchapter IV of this chapter generally] shall take effect October 1, 1981. "(4) The amendments made by part B of title IV of this Act [enacting sections 1077a, 1078-2, 1083a, and 1087-1a of this title and amending sections 1074, 1075, 1077, 1078, 1078-1, 1080, 1082, 1085, 1087-1, and 1087-2 of this title] shall take effect, except as otherwise provided therein, on January 1, 1981, and to the extent such amendments make changes in such part B which affect student loans, such changes shall apply to outstanding loans as well as to loans made after the amendments take effect, except that the amendments made by section 415(b) [amending sections 1077(a)(2)(B) and 1078(b)(1)(E) of this title] shall apply with respect to any loan to cover the cost of instruction for any period of instruction beginning on or after January 1, 1981, to any student borrower who has no outstanding balance of principal or interest on any loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 [part B of subchapter IV of this chapter] on the date on which the borrower enters into the note or other written evidence of the loan. "(5) The amendments made by part D of title IV of this Act [enacting sections 1087cc-1, 1087hh, and 1087ii of this title and amending sections 1087aa to 1087gg of this title] shall apply to loans made under part E of the Act [part D of subchapter IV of this chapter] on or after October 1, 1980. "(6) The amendment made by section 701 of this Act adding section 731 of the Act [former section 1132d of this title] shall apply to loans made under section 731 on or after October 1, 1980." EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94-482, title V, Sec. 532, Oct. 12, 1976, 90 Stat. 2241, provided that: "The provisions of this Act [see Tables for classification] and the amendments made by this Act shall take effect 30 days after the date of the enactment of this Act [Oct. 12, 1976] except - "(1) as specifically otherwise provided; and "(2) that each amendment made by this Act (not subject to clause (1) of this section) providing for authorization of appropriations shall take effect July 1, 1976." SHORT TITLE OF 2005 AMENDMENTS Pub. L. 109-150, Sec. 1, Dec. 30, 2005, 119 Stat. 2884, provided that: "This Act [amending section 1087-1 of this title, enacting provisions set out as a note under section 1087-1 of this title, and amending provisions set out as notes under this section and section 1078-10 of this title] may be cited as the 'Second Higher Education Extension Act of 2005'." Pub. L. 109-67, Sec. 1, Sept. 21, 2005, 119 Stat. 2001, provided that: "This Act [amending section 1091b of this title] may be cited as the 'Student Grant Hurricane and Disaster Relief Act'." Pub. L. 109-66, Sec. 1, Sept. 21, 2005, 119 Stat. 1999, provided that: "This Act [amending section 1091b of this title] may be cited as the 'Pell Grant Hurricane and Disaster Relief Act'." SHORT TITLE OF 2004 AMENDMENTS Pub. L. 108-409, Sec. 1, Oct. 30, 2004, 118 Stat. 2299, provided that: "This Act [amending sections 1078-10, 1087-1, and 1087j of this title and enacting provisions set out as notes under section 1078-10 of this title] may be cited as the 'Taxpayer-Teacher Protection Act of 2004'." SHORT TITLE OF 2000 AMENDMENTS Pub. L. 106-420, Sec. 1, Nov. 1, 2000, 114 Stat. 1867, provided that: "This Act [enacting section 1092d of this title, amending section 522 of Title 11, Bankruptcy, and enacting provisions set out as notes under section 1092d of this title and section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the 'College Scholarship Fraud Prevention Act of 2000'." Pub. L. 106-386, div. B, title VI, Sec. 1601(a), Oct. 28, 2000, 114 Stat. 1537, provided that: "This section [amending sections 1092 and 1232g of this title and section 14071 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under section 1092 of this title and section 14071 of Title 42] may be cited as the 'Campus Sex Crimes Prevention Act'." SHORT TITLE OF 1998 AMENDMENT Pub. L. 105-244, Sec. 1(a), Oct. 7, 1998, 112 Stat. 1581, provided that: "This Act [see Tables for classification] may be cited as the 'Higher Education Amendments of 1998'." SHORT TITLE OF 1997 AMENDMENT Pub. L. 105-78, title VI, Sec. 609(a), Nov. 13, 1997, 111 Stat. 1522, provided in part that: "This section [amending sections 1078- 3, 1087h, 1087oo to 1087qq, and 1087vv of this title and enacting provisions set out as notes under sections 1078-3 and 1087h of this title] may be cited as the 'Emergency Student Loan Consolidation Act of 1997'." SHORT TITLE OF 1996 AMENDMENT Pub. L. 104-208, div. A, title I, Sec. 101(e) [title VI, Sec. 601], Sept. 30, 1996, 110 Stat. 3009-233, 3009-275, provided that: "This title [enacting sections 1087-3, 1087-4, and 1132f-10 of this title, amending sections 1078-3, 1085, and 1087-2 of this title, repealing sections 1087-2, 1087-3, and 1132f to 1132f-9 of this title, and enacting provisions set out as notes under sections 1078- 3 and 1087-2 of this title] may be cited as the 'Student Loan Marketing Association Reorganization Act of 1996'." SHORT TITLE OF 1994 AMENDMENT Pub. L. 103-382, title III, Sec. 360B(a), Oct. 20, 1994, 108 Stat. 3969, provided that: "This section [amending section 1092 of this title and enacting provisions set out as a note under section 1092 of this title] may be cited as the 'Equity in Athletics Disclosure Act'." SHORT TITLE OF 1993 AMENDMENTS Pub. L. 103-208, Sec. 1(a), Dec. 20, 1993, 107 Stat. 2457, provided that: "This Act [see Tables for classification] may be cited as the 'Higher Education Technical Amendments of 1993'." Pub. L. 103-66, title IV, Sec. 4011(a), Aug. 10, 1993, 107 Stat. 341, provided that: "This subtitle [subtitle A (Secs. 4011-4047) of title IV of Pub. L. 103-66, amending sections 1072, 1078, 1078-3, 1078-8, 1085, 1087-2, and 1087a to 1087h of this title, repealing section 1078-1 of this title, omitting sections 1087i and 1087j of this title, and enacting provisions set out as notes under sections 1078, 1078-3, and 1078-8 of this title] may be cited as the 'Student Loan Reform Act of 1993'." SHORT TITLE OF 1992 AMENDMENT Pub. L. 102-325, Sec. 1(a), July 23, 1992, 106 Stat. 448, provided that: "This Act [see Tables for classification] may be cited as the 'Higher Education Amendments of 1992'." SHORT TITLE OF 1991 AMENDMENT