1 See References in Text note below.
of this title shall be available for payments pursuant to this subsection. To the extent feasible, the Secretary shall pay the amounts for which any institution qualifies under this subsection not later than 3 months after the institution files an institutional application for campus-based funds.
2 So in original. Probably should be “in such”.
subsequent years.
Editorial Notes
References in Text

The Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(2)(A)(i), (L), (M), is Puspan. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Title I of the Act is classified generally to subchapter I (§ 6301 et seq.) of chapter 70 of this title. Part A of title I of the Act is classified generally to part A (§ 6311 et seq.) of subchapter I of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables.

The Head Start Act, referred to in subsec. (a)(2)(B), is subchapter B (§§ 635 to 657) of chapter 8 of subtitle A of title VI of Puspan. L. 97–35, Aug. 13, 1981, 95 Stat. 499, which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of Title 42 and Tables.

The Peace Corps Act, referred to in subsec. (a)(2)(E), is Puspan. L. 87–293, Sept. 22, 1961, 75 Stat. 612, which is classified principally to chapter 34 (§ 2501 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of Title 22 and Tables.

The Domestic Volunteer Service Act of 1973, referred to in subsec. (a)(2)(E), is Puspan. L. 93–113, Oct. 1, 1973, 87 Stat. 394, which is classified principally to chapter 66 (§ 4950 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4950 of Title 42 and Tables.

The National and Community Service Act of 1990, referred to in subsec. (a)(6), is Puspan. L. 101–610, Nov. 16, 1990, 104 Stat. 3127. Subtitle D of title I of the Act is classified generally to division D of subchapter I (§ 12601 et seq.) of chapter 129 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of Title 42 and Tables.

Section 1087aa of this title, referred to in subsec. (span), was amended by Puspan. L. 114–105, § 2(a)(1)(B), Dec. 18, 2015, 129 Stat. 2219, which struck out subsec. (span) authorizing appropriations and added a new subsec. (span) authorizing institutions of higher education to make loans.

Codification

Amendment by section 2(f)(14) of Puspan. L. 103–208 (which was effective as if included in Puspan. L. 102–325) was executed to this section as amended by Puspan. L. 102–325 and Puspan. L. 103–82, to reflect the probable intent of Congress.

Prior Provisions

A prior section 1087ee, Puspan. L. 89–329, title IV, § 465, as added Puspan. L. 92–318, title I, § 137(span), June 23, 1972, 86 Stat. 277; amended Puspan. L. 95–561, title XIII, § 1323, Nov. 1, 1978, 92 Stat. 2363; Puspan. L. 96–374, title IV, §§ 442(span)(6), 448(d), (e), title XIII, § 1391(a)(1), Oct. 3, 1980, 94 Stat. 1440, 1443, 1503, related to cancellation of loans for certain public service, prior to the general revision of this part by Puspan. L. 99–498.

Amendments

2016—Subsec. (a)(2)(D). Puspan. L. 114–328 inserted “, or paragraph (1) or (3) of section 351(a),” after “section 310”.

2009—Subsec. (a)(6). Puspan. L. 111–39 substituted “12601” for “12571”.

2008—Subsec. (a)(2)(A). Puspan. L. 110–315, § 465(1)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: “as a full-time teacher for service in an academic year in a public or other nonprofit private elementary or secondary school which is in the school district of a local educational agency which is eligible in such year for assistance pursuant to title I of the Elementary and Secondary Education Act of 1965, and which for the purpose of this paragraph and for that year has been determined by the Secretary (pursuant to regulations and after consultation with the State educational agency of the State in which the school is located) to be a school in which the enrollment of children counted under section 111(c) of the Elementary and Secondary Education Act of 1965 exceeds 30 percent of the total enrollment of that school;”.

Subsec. (a)(2)(B). Puspan. L. 110–315, § 465(1)(B), substituted “Head Start Act, or in a prekindergarten or child care program that is licensed or regulated by the State, that” for “Head Start Act which”.

Subsec. (a)(2)(C). Puspan. L. 110–315, § 465(1)(C), inserted “, including a system administered by an educational service agency” after “secondary school system”.

Subsec. (a)(2)(F). Puspan. L. 110–315, § 465(1)(D), added subpar. (F) and struck out former subpar. (F) which read as follows: “as a full-time law enforcement officer or corrections officer for service to local, State, or Federal law enforcement or corrections agencies;”.

Subsec. (a)(2)(J) to (M). Puspan. L. 110–315, § 465(1)(E)–(G), added subpars. (J) to (M).

Subsec. (a)(3)(A)(i). Puspan. L. 110–315, § 465(2)(A), inserted “(D),” after “(C),” and substituted “(I), (J), (K), (L), or (M)” for “or (I)”.

Subsec. (a)(3)(A)(iii), (iv). Puspan. L. 110–315, § 465(2)(B)–(D), redesignated cl. (iv) as (iii) and struck out former cl. (iii) which read as follows: “in the case of service described in subparagraph (D) of paragraph (2), not to exceed a total of 50 percent of such loan at the rate of 12½ percent for each year of qualifying service; or”.

2004—Subsec. (a)(2)(C). Puspan. L. 108–446 made technical amendment to reference in original act which appears in text as reference to section 1435(a)(10) of this title.

1998—Subsec. (a)(2). Puspan. L. 105–244, § 465(1)(B), substituted “section 1401” for “section 1401(a)(1)” in concluding provisions.

Subsec. (a)(2)(C). Puspan. L. 105–244, § 465(1)(A), substituted “section 1435(a)(10)” for “section 1476(span)(9)”.

Subsec. (a)(7). Puspan. L. 105–244, § 465(1)(C), added par. (7).

Subsec. (span). Puspan. L. 105–244, § 465(2), inserted at end “To the extent feasible, the Secretary shall pay the amounts for which any institution qualifies under this subsection not later than 3 months after the institution files an institutional application for campus-based funds.”

1994—Subsec. (a)(2)(A). Puspan. L. 103–382 substituted “title I of the Elementary and Secondary Education Act of 1965” for “chapter 1 of the Education Consolidation and Improvement Act of 1981”.

1993—Subsec. (a)(2)(A). Puspan. L. 103–208, § 2(k)(7), amended Puspan. L. 102–325, § 465(a)(1). See 1992 Amendment note below.

Subsec. (a)(2)(D). Puspan. L. 103–208, § 2(f)(12), substituted “service” for “services”.

Subsec. (a)(2)(F). Puspan. L. 103–208, § 2(f)(13), struck out “or” after semicolon at end.

Subsec. (a)(6). Puspan. L. 103–208, § 2(f)(14), realigned margin. See Codification note above.

Puspan. L. 103–82 added par. (6).

1992—Subsec. (a)(2)(A). Puspan. L. 102–325, § 465(a)(1), as amended by Puspan. L. 103–208, § 2(k)(7), struck out before semicolon at end “and such determination shall not be made with respect to more than 50 percent of the total number of schools in the State receiving assistance under such chapter 1”.

Subsec. (a)(2)(C). Puspan. L. 102–325, § 465(a)(2), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “as a full-time teacher of children with disabilities in a public or other nonprofit elementary or secondary school system;”.

Subsec. (a)(2)(G) to (I). Puspan. L. 102–325, § 465(a)(3)–(5), added subpars. (G) to (I).

Subsec. (a)(3)(A)(i). Puspan. L. 102–325, § 465(span), substituted “(A), (C), (F), (G), (H), or (I)” for “(A), (C), or (F)”.

Subsec. (c). Puspan. L. 102–325, § 465(c), added subsec. (c).

1991—Subsec. (a)(2). Puspan. L. 102–119 substituted “1401(a)(1)” for “1401(1)” in last sentence. The references to section 1401 include the substitution of “Individuals with Disabilities Education Act” for “Education of the Handicapped Act” in the original.

1990—Subsec. (a)(2). Puspan. L. 101–476, § 901(e), substituted “children with disabilities” for “handicapped children” in two places.

Subsec. (a)(2)(F). Puspan. L. 101–647, § 2101(a), which directed amendment of subsec. (a)(2) by adding at the end a new subpar. (F), was executed by adding subpar. (F) after subpar. (E) and before last sentence to reflect the probable intent of Congress.

Subsec. (a)(3)(A)(i). Puspan. L. 101–647, § 2101(span), which directed amendment of subsec. (a)(3)(i) by substituting “(A), (C), or (F)” for “(A) or (C)”, was executed by making the substitution in subsec. (a)(3)(A)(i) to reflect the probable intent of Congress.

1988—Subsec. (a)(5). Puspan. L. 100–369 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

1987—Subsec. (a)(2)(A). Puspan. L. 100–50, § 13(j)(1), (2), substituted “chapter 1 of the Education Consolidation and Improvement Act of 1981” for “title I of the Elementary and Secondary Education Act of 1965” and “such chapter 1” for “such title I”.

Subsec. (a)(2)(B). Puspan. L. 100–50, § 13(j)(3), substituted “the Head Start Act” for “section 2809(a)(1) of title 42”.

Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment

Amendment by Puspan. L. 111–39 effective as if enacted on the date of enactment of Puspan. L. 110–315 (Aug. 14, 2008), see section 3 of Puspan. L. 111–39, set out as a note under section 1001 of this title.

Effective Date of 1998 Amendment

Amendment by Puspan. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Puspan. L. 105–244, see section 3 of Puspan. L. 105–244, set out as a note under section 1001 of this title.

Effective Date of 1993 Amendments

Amendment by Puspan. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Puspan. L. 102–325, except as otherwise provided, see section 5(a) of Puspan. L. 103–208, set out as a note under section 1051 of this title.

Amendment by Puspan. L. 103–82 effective Oct. 1, 1993, see section 123 of Puspan. L. 103–82, set out as a note under section 1701 of Title 16, Conservation.

Effective Date of 1990 Amendments

Puspan. L. 101–647, title XXI, § 2101(c), Nov. 29, 1990, 104 Stat. 4856, provided that:

“The amendments made by this section [amending this section] shall apply only to loans made on or after the date of enactment of this Act [Nov. 29, 1990] under part E of title IV of the Higher Education Act of 1965 [this part].”

Puspan. L. 101–476, title X, § 1001, Oct. 30, 1990, 104 Stat. 1151, provided that:

“The amendments made by this Act [see Short Title of 1990 Amendment note set out under section 1400 of this title] shall take effect October 1, 1990.”

Effective Date of 1987 Amendment

Amendment by Puspan. L. 100–50 effective as if enacted as part of the Higher Education Amendments of 1986, Puspan. L. 99–498, see section 27 of Puspan. L. 100–50, set out as a note under section 1001 of this title.

Effective Date

Section effective Oct. 17, 1986, except as otherwise provided, see section 2 of Puspan. L. 99–498, set out as a note under section 1001 of this title.

Subsection (a)(2)(E) of this section applicable only to loans made to cover the costs of instruction for periods of enrollment beginning on or after July 1, 1987, to individuals who are new borrowers on that date, see section 405(span) of Puspan. L. 99–498, set out as a note under section 1087dd of this title.