§ 1071. Statement of purpose; nondiscrimination;
and appropriations authorized
(a) Purpose; discrimination prohibited
(1) Purpose
The purpose of this part is to enable the Sec-
retary—
(A) to encourage States and nonprofit pri-
vate institutions and organizations to estab-
lish adequate loan insurance programs for
students in eligible institutions (as defined
in section 1085 of this title),
(B) to provide a Federal program of stu-
dent loan insurance for students or lenders
who do not have reasonable access to a State
or private nonprofit program of student loan
insurance covered by an agreement under
section 1078(b) of this title,
(C) to pay a portion of the interest on
loans to qualified students which are insured
under this part, and
(D) to guarantee a portion of each loan in-
sured under a program of a State or of a non-
profit private institution or organization
which meets the requirements of section
1078(a)(1)(B) of this title.
(2) Discrimination by creditors prohibited
No agency, organization, institution, bank,
credit union, corporation, or other lender who
regularly extends, renews, or continues credit
or provides insurance under this part shall ex-
clude from receipt or deny the benefits of, or
discriminate against any borrower or appli-
cant in obtaining, such credit or insurance on
the basis of race, national origin, religion, sex,
marital status, age, or handicapped status.
(b) Authorization of appropriations
For the purpose of carrying out this part—
(1) there are authorized to be appropriated
to the student loan insurance fund (estab-
lished by section 1081 of this title) (A) the sum
of $1,000,000, and (B) such further sums, if any,
as may become necessary for the adequacy of
the student loan insurance fund,
(2) there are
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Page 392
TITLE 20—EDUCATION
§ 1070g–3
2010 (20 U.S.C. 9903), and section 9 of the National
Science Foundation Authorization Act of 2002 (42
U.S.C. 1862n), to ‘highly qualified’, as defined in sec-
tion 9101 of the Elementary and Secondary Education
Act of 1965 [now section 8101, 20 U.S.C. 7801], with re-
spect to a teacher, means that the teacher meets ap-
plicable State certification and licensure require-
ments, including any requirements for certification
obtained through alternative routes to certification.’’
§ 1070g–3. Program period and funding
Beginning on July 1, 2008, there shall be avail-
able to the Secretary to carry out this subpart,
from funds not otherwise appropriated, such
sums as may be necessary to provide TEACH
Grants in accordance with this subpart to each
eligible applicant.
(Pub. L. 89–329, title IV, § 420O, as added Pub. L.
110–84, title I, § 104, Sept. 27, 2007, 121 Stat. 790.)
§ 1070g–4. Program report
Not later than two years after August 14, 2008,
and every two years thereafter, the Secretary
shall prepare and submit to the authorizing
committees a report on TEACH grants with re-
spect to the schools and students served by re-
cipients of such grants. Such report shall take
into consideration information related to—
(1) the number of TEACH grant recipients;
(2) the degrees obtained by such recipients;
(3) the location, including the school, local
educational agency, and State, where the re-
cipients completed the service agreed to under
section 1070g–2(b) of this title and the subject
taught;
(4) the duration of such service; and
(5) any other data necessary to conduct such
evaluation.
(Pub. L. 89–329, title IV, § 420P, as added Pub. L.
110–315, title IV, § 412(a)(2), Aug. 14, 2008, 122 Stat.
3227.)
SUBPART 10—SCHOLARSHIPS FOR VETERAN’S
DEPENDENTS
§ 1070h. Repealed. Pub. L. 117–103, div. R,
§ 103(c)(2), Mar. 15, 2022, 136 Stat. 821
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.
Statutory Notes and Related Subsidiaries
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.
PART B—FEDERAL FAMILY EDUCATION LOAN
PROGRAM
Editorial Notes
CODIFICATION
Part B of title IV of the Higher Education Act of 1965,
comprising this part, was originally enacted by Pub. L.
89–329, title IV, Nov. 8, 1965, 79 Stat. 1236, and amended
by Pub. L. 89–698, Oct. 29, 1966, 80 Stat. 1066; Pub. L.
89–752, Nov. 3, 1966, 80 Stat. 1240; Pub. L. 89–794, Nov. 8,
1966, 80 Stat. 1451; Pub. L. 90–460, Aug. 3, 1968, 82 Stat.
634; Pub. L. 90–575, Oct. 16, 1968, 82 Stat. 1014; Pub. L.
91–206, Mar. 10, 1970, 84 Stat. 49; Pub. L. 92–318, June 23,
1972, 86 Stat. 235; Pub. L. 93–269, Apr. 18, 1974, 88 Stat.
87; Pub. L. 93–604, Jan. 2, 1975, 88 Stat. 1959; Pub. L.
94–273, Apr. 21, 1976, 90 Stat. 375; Pub. L. 94–328, June 30,
1976, 90 Stat. 727; Pub. L. 94–482, Oct. 12, 1976, 90 Stat.
2081; S. Res. 4, Feb. 4, 1977; Pub. L. 95–43, June 15, 1977,
91 Stat. 213; Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143;
Pub. L. 95–566, Nov. 1, 1978, 92 Stat. 2402; Pub. L. 95–598,
Nov. 6, 1978, 92 Stat. 2549; Pub. L. 95–630, Nov. 10, 1978,
92 Stat. 3641; S. Res. 30, Mar. 7, 1979; Pub. L. 96–49, Aug.
13, 1979, 93 Stat. 351; Pub. L. 96–88, Oct. 17, 1979, 93 Stat.
668; Pub. L. 96–374, Oct. 3, 1980, 94 Stat. 1367; Pub. L.
97–35, Aug. 13, 1981, 95 Stat. 357; Pub. L. 97–115, Dec. 29,
1981, 95 Stat. 1595; Pub. L. 97–301, Oct. 13, 1982, 96 Stat.
1400; Pub. L. 98–79, Aug. 15, 1983, 97 Stat. 476; Pub. L.
99–272, Apr. 7, 1986, 100 Stat. 82; Pub. L. 99–320, May 23,
1986, 100 Stat. 491. Such part is shown herein, however,
as having been added by Pub. L. 99–498, title IV, § 402(a),
Oct. 17, 1986, 100 Stat. 1353, without reference to such
intervening amendments because of the extensive revi-
sion of part B by Pub. L. 99–498.
§ 1071. Statement of purpose; nondiscrimination;
and appropriations authorized
(a) Purpose; discrimination prohibited
(1) Purpose
The purpose of this part is to enable the Sec-
retary—
(A) to encourage States and nonprofit pri-
vate institutions and organizations to estab-
lish adequate loan insurance programs for
students in eligible institutions (as defined
in section 1085 of this title),
(B) to provide a Federal program of stu-
dent loan insurance for students or lenders
who do not have reasonable access to a State
or private nonprofit program of student loan
insurance covered by an agreement under
section 1078(b) of this title,
(C) to pay a portion of the interest on
loans to qualified students which are insured
under this part, and
(D) to guarantee a portion of each loan in-
sured under a program of a State or of a non-
profit private institution or organization
which meets the requirements of section
1078(a)(1)(B) of this title.
(2) Discrimination by creditors prohibited
No agency, organization, institution, bank,
credit union, corporation, or other lender who
regularly extends, renews, or continues credit
or provides insurance under this part shall ex-
clude from receipt or deny the benefits of, or
discriminate against any borrower or appli-
cant in obtaining, such credit or insurance on
the basis of race, national origin, religion, sex,
marital status, age, or handicapped status.
(b) Authorization of appropriations
For the purpose of carrying out this part—
(1) there are authorized to be appropriated
to the student loan insurance fund (estab-
lished by section 1081 of this title) (A) the sum
of $1,000,000, and (B) such further sums, if any,
as may become necessary for the adequacy of
the student loan insurance fund,
(2) there are authorized to be appropriated,
for payments under section 1078 of this title
with respect to interest on student loans and
Page 393
TITLE 20—EDUCATION
§ 1071
for payments under section 1087 of this title,
such sums for the fiscal year ending June 30,
1966, and succeeding fiscal years, as may be re-
quired therefor,
(3) there is authorized to be appropriated the
sum of $17,500,000 for making advances pursu-
ant to section 1072 of this title for the reserve
funds of State and nonprofit private student
loan insurance programs,
(4) there are authorized to be appropriated
(A) the sum of $12,500,000 for making advances
after June 30, 1968, pursuant to sections 1072(a)
and (b) of this title, and (B) such sums as may
be necessary for making advances pursuant to
section 1072(c) of this title, for the reserve
funds of State and nonprofit private student
loan insurance programs,
(5) there are authorized to be appropriated
such sums as may be necessary for the purpose
of paying a loan processing and issuance fee in
accordance with section 1078(f) of this title to
guaranty agencies, and
(6) there is authorized to be appropriated,
and there are appropriated, out of any money
in the Treasury not otherwise appropriated,
such sums as may be necessary for the purpose
of carrying out section 1072(c)(7) of this title.
Sums appropriated under paragraphs (1), (2), (4),
and (5) of this subsection shall remain available
until expended, except that no sums may be ex-
pended after June 30, 2010, with respect to loans
under this part for which the first disbursement
is after such date. No additional sums are au-
thorized to be appropriated under paragraph (3)
or (4) of this subsection by reason of the reen-
actment of such paragraphs by the Higher Edu-
cation Amendments of 1986.
(c) Designation
The program established under this part shall
be referred to as the ‘‘Robert T. Stafford Federal
Student Loan Program’’. Loans made pursuant
to sections 1077 and 1078 of this title shall be
known as ‘‘Federal Stafford Loans’’.
(d) Termination of authority to make or insure
new loans
Notwithstanding paragraphs (1) through (6) of
subsection (b) or any other provision of law—
(1) no new loans (including consolidation
loans) may be made or insured under this part
after June 30, 2010; and
(2) no funds are authorized to be appro-
priated, or may be expended, under this chap-
ter or any other Act to make or insure loans
under this part (including consolidation loans)
for which the first disbursement is after June
30, 2010,
except as expressly authorized by an Act of Con-
gress enacted after March 30, 2010.
(Pub. L. 89–329, title IV, § 421, as added Pub. L.
99–498, title IV, § 402(a), Oct. 17, 1986, 100 Stat.
1353; amended Pub. L. 100–297, title II, § 2601(a),
Apr. 28, 1988, 102 Stat. 330; Pub. L. 100–369, § 8,
July 18, 1988, 102 Stat. 837; Pub. L. 102–325, title
IV, § 411(a)(2), (c), July 23, 1992, 106 Stat. 510, 511;
Pub. L. 105–244, title IV, § 411, Oct. 7, 1998, 112
Stat. 1673; Pub. L. 109–171, title VIII, § 8004(a),
Feb. 8, 2006, 120 Stat. 158; Pub. L. 110–227, § 6(a),
May 7, 2008, 122 Stat. 746; Pub. L. 111–152, title II,
§ 2201, Mar. 30, 2010, 124 Stat. 1074.)
Editorial Notes
REFERENCES IN TEXT
The Higher Education Amendments of 1986, referred
to in subsec. (b), is Pub. L. 99–498, Oct. 17, 1986, 100 Stat.
1268. For complete classification of this Act to the
Code, see Short Title note set out under section 1001 of
this title and Tables.
CODIFICATION
Another section 411 of Pub. L. 105–244 enacted subpart
8 (§ 1070f et seq.) of part A of this subchapter.
PRIOR PROVISIONS
A prior section 1071, Pub. L. 89–329, title IV, § 421, Nov.
8, 1965, 79 Stat. 1236; Pub. L. 90–460, §§ 2(b)(3), 3(a), Aug.
3, 1968, 82 Stat. 635, 636; Pub. L. 90–575, title I,
§§ 113(b)(1), 114(a), 119(b), Oct. 16, 1968, 82 Stat. 1021, 1027;
Pub. L. 94–482, title I, § 127(a), Oct. 12, 1976, 90 Stat. 2099;
Pub. L. 95–43, § 1(a)(8)–(10), June 15, 1977, 91 Stat. 213;
Pub. L. 96–374, title XIII, § 1391(a)(1), (2), Oct. 3, 1980, 94
Stat. 1503; Pub. L. 98–79, § 6, Aug. 15, 1983, 97 Stat. 482,
related to statement of purpose of, appropriations for,
and implementation of programs to provide low-inter-
est insured loans to students in institutions of higher
education, prior to the general revision of this part by
Pub. L. 99–498.
AMENDMENTS
2010—Subsec. (b). Pub. L. 111–152, § 2201(1), inserted
‘‘, except that no sums may be expended after June 30,
2010, with respect to loans under this part for which the
first disbursement is after such date’’ after ‘‘expended’’
in concluding provisions.
Subsec. (d). Pub. L. 111–152, § 2201(2), added subsec. (d).
2008—Subsec. (b)(6). Pub. L. 110–227 added par. (6).
2006—Subsec. (b)(5). Pub. L. 109–171 substituted ‘‘a
loan processing and issuance fee’’ for ‘‘an administra-
tive cost allowance’’.
1998—Subsec. (d). Pub. L. 105–244 struck out heading
and text of subsec. (d). Text read as follows: ‘‘Notwith-
standing any other provision of this part, no new loan
guarantees shall be issued after June 30, 1994, if the
Secretary does not issue final regulations imple-
menting the changes made to this part under the High-
er Education Amendments of 1992 prior to that date.
The authority to issue new loan guarantees shall re-
sume upon the Secretary’s issuance of such regula-
tions. This subsection shall not provide the basis for
avoiding any requirements for notice and public hear-
ing on such regulations.’’
1992—Subsec. (c). Pub. L. 102–325, § 411(a)(2), added
subsec. (c) and struck out former subsec. (c) which read
as follows: ‘‘The program established under this part
shall be referred to as the ‘Robert T. Stafford Student
Loan Program’. Loans made under this part shall be
known as ‘Stafford Loans’.’’
Subsec. (d). Pub. L. 102–325, § 411(c), added subsec. (d).
1988—Subsec. (c). Pub. L. 100–369 substituted ‘‘shall be
referred’’ for ‘‘may be referred’’ and inserted provision
identifying loans made under this part as ‘‘Stafford
Loans’’.
Pub. L. 100–297 added subsec. (c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–227, § 6(b), May 7, 2008, 122 Stat. 746, pro-
vided that: ‘‘The amendments made by subsection (a)
[amending this section] shall take effect on the date of
enactment of this Act [May 7, 2008].’’
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 1992 AMENDMENT
Amendment by Pub. L. 102–325 effective July 23, 1992,
with changes in the designation or names of loans or
Page 394
TITLE 20—EDUCATION
§ 1071
programs under this part effective with respect to ap-
plications or other documents (used in making such
loans) that are printed after July 23, 1992, see section
432 of Pub. L. 102–325, set out as a note under section
1078 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Pub. L. 100–297, title VI, § 6303, Apr. 28, 1988, 102 Stat.
431, as amended by Pub. L. 100–351, June 27, 1988, 102
Stat. 661; Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675,
provided that:
‘‘(a) GENERAL RULE.—Except as otherwise provided,
this Act and the amendments made by this Act [see Ta-
bles for classification] shall take effect July 1, 1988.
‘‘(b) SPECIAL RULES.—(1) Any provision of this Act or
any amendment made by this Act which authorizes ap-
propriations for fiscal year 1988 shall take effect on the
date of the enactment of this Act [Apr. 28, 1988].
‘‘(2) The provisions of section 2402, relating to the Na-
tional Center for Vocational Research, shall take effect
on April 10, 1988.
‘‘(3) The amendments made by section 3403 [amending
sections 1221e and 1221e–1 of this title] shall take effect
for assessments made after September 30, 1989, with re-
spect to State data.
‘‘(4) Allotments to States made under chapters 1 and
2 of title I of the Elementary and Secondary Education
Act of 1965 [formerly 20 U.S.C. 2701 et seq., 2911 et seq.]
and under the Adult Education Act [formerly 20 U.S.C.
1201 et seq.] from amounts appropriated by the joint
resolution entitled ‘Joint resolution making further
continuing appropriations for the fiscal year 1988, and
for other purposes’, approved December 22, 1987 (Public
Law 100–202), shall be computed in accordance with the
provisions of law applicable to allotments to States
under chapters 1 and 2 of the Education Consolidation
and Improvement Act of 1981 [formerly 20 U.S.C. 3801 et
seq., 3811 et seq.] and under the Adult Education Act,
respectively, as such Acts were in effect on the day be-
fore the date of the enactment of this Act [Apr. 28,
1988].
‘‘(5) Amounts appropriated by the joint resolution en-
titled ‘Joint resolution making further continuing ap-
propriations for the fiscal year 1988, and for other pur-
poses’, approved December 22, 1987 (Public Law 100–202),
for the following programs shall be awarded in accord-
ance with the applicable provisions of law in effect on
the day before the date of the enactment of this Act
[Apr. 28, 1988]:
‘‘(A) Programs under subchapter D of chapter 2 of
the Education Consolidation and Improvement Act of
1981 [formerly 20 U.S.C. 3851 et seq.], except that
projects under section 583(c) [formerly 20 U.S.C.
3851(c)] may not be reviewed by a program signifi-
cance panel.
‘‘(B) National programs under the Adult Education
Act [formerly 20 U.S.C. 1201 et seq.].
‘‘(C) Programs under the Indian Education Act
[Pub. L. 92–318, title IV, see Tables for classification].
‘‘(D) Programs under title II of the Education for
Economic Security Act [formerly 20 U.S.C. 3961 et
seq.].
‘‘(E) The program under section 702 of the McKin-
ney-Vento Homeless Assistance Act [formerly 42
U.S.C. 11421].
‘‘(6) The provisions of part A of title II of this Act
[§§ 2001 to 2034 of Pub. L. 100–297, amending sections 236
et seq. and 631 et seq. of this title], excluding sections
2014(e) and 2018 [amending section 238 of this title and
enacting provisions set out as a note under section 238
of this title], shall apply only with respect to amounts
appropriated for fiscal years beginning after September
30, 1988.
‘‘(7) The amendments made by section 6001 [amending
section 11421 of Title 42, The Public Health and Wel-
fare], relating to literacy training of homeless adults,
shall take effect on October 1, 1988.
‘‘(8) Any election under section 5209(b)(1) [25 U.S.C.
2508(b)(1)] conveyed to the Secretary prior to August 1,
1988, shall take effect for the fiscal year beginning on
October 1, 1988, and thereafter.’’
EFFECTIVE DATE
Pub. L. 99–498, title IV, § 402(b)–(d), Oct. 17, 1986, 100
Stat. 1428, 1429, as amended by Pub. L. 100–50, § 22(b),
June 3, 1987, 101 Stat. 361, provided that:
‘‘(b) EFFECTIVE DATES.—The changes made in part B
of title IV of the Act [20 U.S.C. 1071 et seq.] by the
amendment made by subsection (a) of this section shall
take effect on the date of enactment of this Act [Oct.
17, 1986], except—
‘‘(1) as otherwise provided in such part B;
‘‘(2) the changes in sections 427(a)(2)(C) and
428(b)(1)(M) of the Act [20 U.S.C. 1077(a)(2)(C),
1078(b)(1)(M)] (other than clauses (viii), (ix), and (x) of
each such section) shall apply only to loans to new
borrowers that (A) are made to cover the cost of in-
struction for periods of enrollment beginning on or
after July 1, 1987; or (B) are disbursed on or after July
1, 1987;
‘‘(3)
the
changes
made
in
sections
425(a),
428(b)(1)(A), and 428(b)(1)(B) of the Act [20 U.S.C.
1075(a), 1078(b)(1)(A), (B)] shall apply with respect
only to loans disbursed on or after January 1, 1987, or
made to cover the costs of instruction for periods of
enrollment beginning on or after January 1, 1987;
‘‘(4) the changes made in subsections (a), (b), and (d)
of section 433 of the Act [20 U.S.C. 1083(a), (b), (d)]
shall apply with respect only to loans disbursed on or
after January 1, 1987, or made to cover the costs of in-
struction for periods of enrollment beginning on or
after January 1, 1987;
‘‘(5) the changes in section 428(b)(1)(H) [20 U.S.C.
1078(b)(1)(H)] shall apply with respect only to loans
for which the borrower files an application on or after
July 1, 1987;
‘‘(6) the changes in sections 435(d)(5) and 438(d) of
the Act [20 U.S.C. 1085(d)(5), 1087–1(d)] shall take ef-
fect 30 days after the date of enactment of this Act
[Oct. 17, 1986]; and
‘‘(7) the changes made in section 438(b) [20 U.S.C.
1087–1(b)] shall take effect with respect to loans dis-
bursed on or after 30 days after the date of enactment
of this Act [Oct. 17, 1986] or made to cover the costs
of instruction for periods of enrollment beginning on
or after 30 days after the date of enactment of this
Act.
‘‘(c) CHANGES EFFECTIVE WITHOUT REGARD TO REGULA-
TIONS; REPUBLICATION
OF REGULATIONS.—The changes
made in part B of title IV of the Act [20 U.S.C. 1071 et
seq.] by the amendment made by subsection (a) of this
section shall be effective in accordance with subsection
(b) of this section without regard to whether such
changes are reflected in the regulations prescribed by
the Secretary of Education for the purpose of such
part.
‘‘(d) NEW BORROWERS.—For the purpose of this sec-
tion, the term ‘new borrower’ means, with respect to
any date, an individual who on that date has no out-
standing balance of principal or interest owing on any
loan made, insured, or guaranteed under part B of title
IV of the Act [20 U.S.C. 1071 et seq.].’’
STUDY OF ROLE OF GUARANTY AGENCIES
Pub. L. 102–325, title XIV, § 1401, July 23, 1992, 106
Stat. 816, directed Secretary of Education to review
role of guaranty agencies within Federal Family Edu-
cation Loan Program by examining administrative and
financial operations of such agencies and the relation-
ships between guaranty agencies and State govern-
ments and report to Congress within 1 year of July 23,
1992, on the review, prior to repeal by Pub. L. 105–332,
§ 6(b)(2), Oct. 31, 1998, 112 Stat. 3128.
GENERAL ACCOUNTING OFFICE REPORTS
Pub. L. 99–498, title XIII, §§ 1311–1314, Oct. 17, 1986, 100
Stat. 1583, 1584, as amended by Pub. L. 100–50, § 23(6),
June 3, 1987, 101 Stat. 362, directed Comptroller General
to conduct studies on practices of State guaranty agen-
cies and multistate guarantors under the student loan
program, on the feasibility and efficiency of permitting
Page 395
TITLE 20—EDUCATION
§ 1072
students to establish multiple year lines of credit with
eligible lenders, on the impact of the multiple disburse-
ment system on the ability of students and institutions
of higher education to meet expenses, and on the cost,
efficiency, and impact of the consolidation loan pro-
gram established by Pub. L. 99–498, and directed Comp-
troller General to make and submit a report to Con-
gress on each study not later than two years after Oct.
17, 1986, prior to repeal by Pub. L. 105–332, § 6(a), Oct. 31,
1998, 112 Stat. 3127.
§ 1072. Advances for reserve funds of State and
nonprofit private loan insurance programs
(a) Purpose of and authority for advances to re-
serve funds
(1) Purpose; eligible recipients
From sums appropriated pursuant to para-
graphs (3) and (4)(A) of section 1071(b) of this
title, the Secretary is authorized to make ad-
vances to any State with which the Secretary
has made an agreement pursuant to section
1078(b) of this title for the purpose of helping
to establish or strengthen the reserve fund of
the student loan insurance program covered
by that agreement. If for any fiscal year a
State does not have a student loan insurance
program covered by an agreement made pursu-
ant to section 1078(b) of this title, and the Sec-
retary determines after consultation with the
chief executive officer of that State that there
is no reasonable likelihood that the State will
have such a student loan insurance program
for such year, the Secretary may make ad-
vances for such year for the same purpose to
one or more nonprofit private institutions or
organizations with which the Secretary has
made an agreement pursuant to section 1078(b)
of this title in order to enable students in the
State to participate in a program of student
loan insurance covered by such an agreement.
The Secretary may make advances under this
subsection both to a State program (with
which he has such an agreement) and to one or
more nonprofit private institutions or organi-
zations (with which he has such an agreement)
in that State if he determines that such ad-
vances are necessary in order that students in
each eligible institution have access through
such institution to a student loan insurance
program which meets the requirements of sec-
tion 1078(b)(1) of this title.
(2) Matching requirement
No advance shall be made after June 30, 1968,
unless matched by an equal amount from non-
Federal sources. Such equal amount may in-
clude the unencumbered non-Federal portion
of a reserve fund. As used in the preceding sen-
tence, the term ‘‘unencumbered non-Federal
portion’’ means the amount (determined as of
the time immediately preceding the making of
the advance) of the reserve fund less the great-
er of—
(A) the sum of—
(i) advances made under this section
prior to July 1, 1968;
(ii) an amount equal to twice the amount
of advances made under this section after
June 30, 1968, and before the advance for
purposes of which the determination is
made; and
(iii) the proceeds of earnings on advances
made under this section; or
(B) any amount which is required to be
maintained in such fund pursuant to State
law or regulation, or by agreement with
lenders, as a reserve against the insurance of
outstanding loans.
Except as provided in section 1078(c)(9)(E) or
(F) of this title, such unencumbered non-Fed-
eral portion shall not be subject to recall, re-
payment, or recovery by the Secretary.
(3) Terms and conditions; repayment
Advances pursuant to this subsection shall
be upon such terms and conditions (including
conditions relating to the time or times of
payment) consistent with the requirements of
section 1078(b) of this title as the Secretary
determines will best carry out the purpose of
this section. Advances made by the Secretary
under this subsection shall be repaid within
such period as the Secretary may deem to be
appropriate in each case in the light of the
maturity and solvency of the reserve fund for
which the advance was made.
(b) Limitations on total advances
(1) In general
The total of the advances from the sums ap-
propriated pursuant to paragraph (4)(A) of sec-
tion 1071(b) of this title to nonprofit private
institutions and organizations for the benefit
of students in any State and to such State
may not exceed an amount which bears the
same ratio to such sums as the population of
such State aged 18 to 22, inclusive, bears to the
population of all the States aged 18 to 22 inclu-
sive, but such advances may otherwise be in
such amounts as the Secretary determines
will best achieve the purposes for which they
are made. The amount available for advances
to any State shall not be less than $25,000 and
any additional funds needed to meet this re-
quirement shall be derived by proportionately
reducing (but not below $25,000) the amount
available for advances to each of the remain-
ing States.
(2) Calculation of population
For the purpose of this subsection, the popu-
lation aged 18 to 22, inclusive, of each State
and of all the States shall be determined by
the Secretary on the basis of the most recent
satisfactory data available to him.
(c) Advances for insurance obligations
(1) Use for payment of insurance obligations
From sums appropriated pursuant to section
1071(b)(4)(B) of this title, the Secretary shall
advance to each State which has an agreement
with the Secretary under section 1078(c) of this
title with respect to a student loan insurance
program, an amount determined in accordance
with paragraph (2) of this subsection to be
used for the purpose of making payments
under the State’s insurance obligations under
such program.
(2) Amount of advances
(A) Except as provided in subparagraph (B),
the amount to be advanced to each such State
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose; discrimination prohibited**
(1) **Purpose** — The purpose of this part is to enable the Secretary—
(A) to encourage States and nonprofit private institutions and organizations to establish adequate loan insurance programs for students in eligible institutions (as defined in [section 1085 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1085&num=0&edition=prelim)),
(B) to provide a Federal program of student loan insurance for students or lenders who do not have reasonable access to a State or private nonprofit program of student loan insurance covered by an agreement under [section 1078(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/b&num=0&edition=prelim),
(C) to pay a portion of the interest on loans to qualified students which are insured under this part, and
(D) to guarantee a portion of each loan insured under a program of a State or of a nonprofit private institution or organization which meets the requirements of [section 1078(a)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/a/1/B&num=0&edition=prelim).
(2) **Discrimination by creditors prohibited** — No agency, organization, institution, bank, credit union, corporation, or other lender who regularly extends, renews, or continues credit or provides insurance under this part shall exclude from receipt or deny the benefits of, or discriminate against any borrower or applicant in obtaining, such credit or insurance on the basis of race, national origin, religion, sex, marital status, age, or handicapped status.
**(b) Authorization of appropriations** For the purpose of carrying out this part—
(1) there are authorized to be appropriated to
Page 876
TITLE 20—EDUCATION
§ 1161aa–1
thorized to be appropriated, and there are appro-
priated, out of any funds in the Treasury not
otherwise appropriated, $11,500,000 for fiscal year
2009 and for each of the five succeeding fiscal
years to carry out subpart 4 of part A of sub-
chapter VII in order to provide grants under sec-
tions 1136a and 1136b of this title, in the min-
imum amount authorized under such sections,
to all institutions eligible for grants under such
sections.
(Pub. L. 89–329, title VIII, § 897, as added Pub. L.
110–315, title VIII, § 801, Aug. 14, 2008, 122 Stat.
3446.)
§ 1161aa–1. Postbaccalaureate programs
In addition to any amounts appropriated
under part B of subchapter V, there are author-
ized to be appropriated, and there are appro-
priated, out of any funds in the Treasury not
otherwise appropriated, $11,500,000 for fiscal year
2009 and for each of the five succeeding fiscal
years to carry out part B of subchapter V.
(Pub. L. 89–329, title VIII, § 898, as added Pub. L.
110–315, title VIII, § 801, Aug. 14, 2008, 122 Stat.
3446.)
CHAPTER 29—INTERNATIONAL STUDIES
AND RESEARCH
§ 1171. Omitted
Editorial Notes
CODIFICATION
Section, Pub. L. 89–698, § 2, Oct. 29, 1966, 80 Stat. 1066,
which set out the Congressional findings and declara-
tion of purpose in providing for a program of inter-
national studies and research, was omitted in view of
the repeal of the remaining sections of this chapter by
Pub. L. 96–374, title VI, § 601(c)(2), Oct. 3, 1980, 94 Stat.
1472.
§§ 1172 to 1174. Repealed. Pub. L. 96–374, title VI,
§ 601(c)(2), Oct. 3, 1980, 94 Stat. 1472
Section 1172, Pub. L. 89–698, title I, § 101, Oct. 29, 1966,
80 Stat. 1066, made provision for a program of inter-
national studies and research involving operation of
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, Pub. L. 89–10, title I, § 1491, as added Pub. L. 100–297, title I, § 1001, Apr. 28, 1988, 102 Stat. 202, which contained transition provisions, was omitted in the general amendment of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, by Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3519.
Prior sections 2901 to 2904 were repealed by Pub. L. 97–35, title V, § 587(a)(1), Aug. 13, 1981, 95 Stat. 480, eff. Oct. 1, 1982.
Section 2901, Pub. L. 89–10, title II, § 221, as added Pub. L. 95–561, title II, § 201, Nov. 1, 1978, 92 Stat. 2204, set out statement of purpose for basic skills improvement program.
Section 2902, Pub. L. 89–10, title II, § 222, as added Pub. L. 95–561, title II, § 201, Nov. 1, 1978, 92 Stat. 2205; amended Pub. L. 96–46, § 1(12), Aug. 6, 1979, 93 Stat. 339, related to agreements with State educational agencies.
Section 2903, Pub. L. 89–10, title II, § 223, as added Pub. L. 95–561, title II, § 201, Nov. 1, 1978, 92 Stat. 2207, related to distribution of grants by the Secretary.
Section 2904, Pub. L. 89–10, title II, § 224, as added Pub. L. 95–561, title II, § 201, Nov. 1, 1978, 92 Stat. 2207, provided for a State leadership program.
Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 2701. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2701. Omitted
Editorial Notes
CODIFICATION
Section, Pub. L. 89–10, title I, § 1001, as added Pub. L.
100–297, title I, § 1001, Apr. 28, 1988, 102 Stat. 140, which
provided a declaration of policy and statement of pur-
pose, was omitted in the general amendment of the Ele-
mentary and Secondary Education Act of 1965, Pub. L.
89–10, by Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108
Stat. 3519. See section 6301 of this title.
A prior section 2701, Pub. L. 89–10, title I, § 101, as
added Pub. L. 95–561, title I, § 101(a), Nov. 1, 1978, 92
Stat. 2153, set out Congressional declaration of policy,
prior to the general revision of this chapter by Pub. L.
100–297.
A prior section 2702, Pub. L. 89–10, title I, § 102, as
added Pub. L. 95–561, title I, § 101(a), Nov. 1, 1978, 92
Stat. 2153; amended Pub. L. 96–88, title III, § 301(a)(1),
title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, provided for
the duration of assistance on entitlements created
under this subchapter, prior to the general revision of
this chapter by Pub. L. 100–297.
PART A—BASIC PROGRAMS OPERATED BY LOCAL
EDUCATIONAL AGENCIES
SUBPART 1—ALLOCATIONS
§§ 2711 to 2713. Omitted
Editorial Notes
CODIFICATION
Sections 2711 and 2712 were omitted in the general
amendment of the Elementary and Secondary Edu-
cation Act of 1965, Pub. L. 89–10, by Pub. L. 103–382, title
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 2701. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1195
TITLE 20—EDUCATION
§§ 3831, 3832
eral agency may detail to the Commission on a
reimbursable basis any of the personnel of such
agency to assist the Commission in carrying out
its duties under this chapter.
(m) Administrative support services
The Administrator of the General Services Ad-
ministration shall provide to the Commission on
a reimbursable basis such administrative sup-
port services as the Commission may request to
carry out its duties under this chapter.
(Pub. L. 96–430, title II, § 203, Oct. 10, 1980, 94
Stat. 1847.)
§ 3703. Omitted
Editorial Notes
CODIFICATION
Section, Pub. L. 96–430, title II, § 204, Oct. 10, 1980, 94
Stat. 1848, which required the National Afro-American
History and Culture Commission to submit to appro-
priate committees of Congress a report containing a de-
tailed statement of the financial transactions of the
Commission and the activities undertaken by the Com-
mission during the previous year, terminated, effective
May 15, 2000, pursuant to section 3003 of Pub. L. 104–66,
as amended, set out as a note under section 1113 of
Title 31, Money and Finance. See, also, page 179 of
House Document No. 103–7.
CHAPTER 51—ELEMENTARY AND
SECONDARY EDUCATION BLOCK GRANT
SUBCHAPTER
I—FINANCIAL
ASSISTANCE
TO MEET SPECIAL EDUCATIONAL NEEDS
OF DISADVANTAGED CHILDREN
§§ 3801 to 3808. Repealed. Pub. L. 100–297, title I,
§ 1003(a), Apr. 28, 1988, 102 Stat. 293
Section 3801, Pub. L. 97–35, title V, § 552, Aug. 13, 1981,
95 Stat. 464, set out declaration of policy for program
of financial assistance to meet the special educational
needs of disadvantaged children.
Section 3802, Pub. L. 97–35, title V, § 553, Aug. 13, 1981,
95 Stat. 464, related to duration of assistance.
Section 3803, Pub. L. 97–35, title V, § 554(a)–
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 3841, Pub. L. 97–35, title V, § 581, Aug. 13, 1981, 95 Stat. 475, related to statement of purpose for program of special projects.
Section 3842, Pub. L. 97–35, title V, § 582, Aug. 13, 1981, 95 Stat. 475; Pub. L. 97–300, title I, § 183, Oct. 13, 1982, 96 Stat. 1357; Pub. L. 97–313, Oct. 14, 1982, 96 Stat. 1462, related to authorized activities.
#### Effective Date of Repeal
Repeal effective July 1, 1988, see section 6303 of Pub. L. 100–297, set out as an Effective Date of 1988 Amendment note under [section 1071 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1071&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
§ 3851. Repealed. Pub. L. 100–297, title I, § 1003(a),
Apr. 28, 1988, 102 Stat. 293
Section, Pub. L. 97–35, title V, § 583, Aug. 13, 1981, 95
Stat. 476; Pub. L. 98–312, § 4(b), June 12, 1984, 98 Stat. 234;
Pub. L. 99–498, title XIV, § 1404, Oct. 17, 1986, 100 Stat.
1599, related to authorization of discretionary program.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective July 1, 1988, see section 6303 of Pub.
L. 100–297, set out as an Effective Date of 1988 Amend-
ment note under section 1071 of this title.
PART E—GENERAL PROVISIONS
§§ 3861 to 3863. Repealed. Pub. L. 100–297, title I,
§ 1003(a), Apr. 28, 1988, 102 Stat. 293
Section 3861, Pub. L. 97–35, title V, § 585, Aug. 13, 1981,
95 Stat. 477, related to funding requirements for pro-
gram of consolidating Federal programs for elementary
and secondary education.
Section 3862, Pub. L. 97–35, title V, § 586, Aug. 13, 1981,
95 Stat. 477, related to participation of children en-
rolled in private schools.
Section 3863, Pub. L. 97–35, title V, § 587, Aug. 13, 1981,
95 Stat. 480, related to repeal of various programs in-
cluded in consolidation of Federal programs for ele-
mentary and secondary education.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective July 1, 1988, see section 6303 of Pub.
L. 100–297, set out as an Effective Date of 1988 Amend-
ment note under section 1071 of this title.
SUBCHAPTER III—GENERAL PROVISIONS
§§ 3871 to 3876. Repealed. Pub. L. 100–297, title I,
§ 1003(a), Apr. 28, 1988, 102 Stat. 293
Section 3871, Pub. L. 97–35, title V, § 591, Aug. 13, 1981,
95 Stat. 480; Pub. L. 98–211, § 15, Dec. 8, 1983, 97 Stat.
1416, related to Federal regulations.
Section 3872, Pub. L. 97–35, title V, § 592, Aug. 13, 1981,
95 Stat
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided, in this chapter:
(1) **Average daily attendance**
(A) *In general* — Except as provided otherwise by State law or this paragraph, the term “average daily attendance” means—
(i) the aggregate number of days of attendance of all students during a school year; divided by
(ii) the number of days school is in session during that year.
(B) *Conversion* — The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data).
(C) *Special rule* — If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this chapter—
(i) consider the child to be in attendance at a school of the agency making the payment; and
(ii) not consider the child to be in attendance at a school of the agency receiving the payment.
(D) *Children with disabilities* — If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability, as defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim), the Secretary shall, for the purpose of this chapter, consider the child to be in attendance at a school of the agency making the payment.
(2) **Average per-pupil expenditure** — The term “average per-pupil expenditure” means, in the case of a State or of the United States—
(A) without regard to the source o
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Federal law — U.S. Code and appendices · legal_authorities
§ 7801. Definitions
Except as otherwise provided, in this chapter:
(1) Average daily attendance
(A) In general
Except as provided otherwise by State law
or this paragraph, the term ‘‘average daily
attendance’’ means—
(i) the aggregate number of days of at-
tendance of all students during a school
year; divided by
(ii) the number of days school is in ses-
sion during that year.
(B) Conversion
The Secretary shall permit the conversion
of average daily membership (or other simi-
lar data) to average daily attendance for
local educational agencies in States that
provide State aid to local educational agen-
cies on the basis of average daily member-
ship (or other similar data).
(C) Special rule
If the local educational agency in which a
child resides makes a tuition or other pay-
ment for the free public education of the
child in a school located in another school
district, the Secretary shall, for the purpose
of this chapter—
(i) consider the child to be in attendance
at a school of the agency making the pay-
ment; and
(ii) not consider the child to be in at-
tendance at a school of the agency receiv-
ing the payment.
(D) Children with disabilities
If a local educational agency makes a tui-
tion payment to a private school or to a pub-
lic school of another local educational agen-
cy for a child with a disability, as defined in
section 1401 of this title, the Secretary shall,
for the purpose of this chapter, consider the
child to be in attendance at a school of the
agency making the payment.
(2) Average per-pupil expenditure
The term ‘‘average per-pupil expenditure’’
means, in the case of a State or of the United
States—
(A) without regard to the source of funds—
(i) the aggregate current expenditures,
during the third fiscal year preceding
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Director shall establish a grant program to support programs at institutions of higher education to carry out the purpose of this chapter.
**(b) Geographical considerations** In the administration of this chapter, the Director shall take such steps as may be necessary to ensure that grants are equitably distributed across all regions of the United States, taking into account population density and other geographic and demographic considerations.
**(c) Amount of grant** Subject to the requirements of subsection (d), the Director may award grants annually on a competitive basis to institutions of higher education in the amount of $2,000,000, per institution of which—
(1) $1,500,000 shall be used—
(A) to design, implement, and evaluate a program that meets the requirements of [section 9902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9902&num=0&edition=prelim);
(B) to employ master teachers at the institution to oversee field experiences;
(C) to provide a stipend to mentor teachers participating in the program; and
(D) to support curriculum development and implementation strategies for science, technology, engineering, and mathematics content courses taught through the program; and
(2) up to $500,000 shall be set aside by the grantee for technical support and evaluation services from the institution whose programs will be replicated.
**(d) Eligibility** To be eligible to apply for a grant under this section, an institution of higher education shall—
(1) include former secondary school science, technology, engineering, or mathematics master teachers as faculty in its science department for this program;
(2) grant terminal degrees in science, technology, engineering, and mathematics; and
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