Title 20 — Education
Part E · Chapter 28 — Higher Education Resources and Student Assistance
§ 1087aa. Appropriations authorized
Statutory text
Program authority
The Secretary shall carry out a program assisting in the maintenance of funds at institutions of higher education for the making of loans to undergraduate students in need to pursue their courses of study in such institutions or while engaged in programs of study abroad approved for credit by such institutions. Loans made under this part shall be known as “Federal Perkins Loans”.
Authority to make loans
In general
Loans for new undergraduate Federal Perkins Loan borrowers
Through , an institution of higher education may make a loan under this part to an eligible undergraduate student who, on the date of disbursement of a loan made under this part, has no outstanding balance of principal or interest on a loan made under this part from the student loan fund established under this part by the institution, but only if the institution has awarded all Federal Direct Loans, as referenced under subparagraphs (A) and (D) of section 1087e(a)(2) of this title, for which such undergraduate student is eligible.
Loans for current undergraduate Federal Perkins Loan borrowers
Through , an institution of higher education may make a loan under this part to an eligible undergraduate student who, on the date of disbursement of a loan made under this part, has an outstanding balance of principal or interest on a loan made under this part from the student loan fund established under this part by the institution, but only if the institution has awarded all Federal Direct Stafford Loans as referenced under section 1087e(a)(2)(A) of this title for which such undergraduate student is eligible.
Loans for certain graduate borrowers
Through , with respect to an eligible graduate student who has received a loan made under this part prior to , an institution of higher education that has most recently made such a loan to the student for an academic program at such institution may continue making loans under this part from the student loan fund established under this part by the institution to enable the student to continue or complete such academic program.
No additional loans
An institution of higher education shall not make loans under this part after .
Prohibition on additional appropriations
No funds are authorized to be appropriated under this chapter or any other Act to carry out the functions described in paragraph (1) for any fiscal year following fiscal year 2015.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Higher Education Act of 1965
Pub. L. 89–329 title IV § 461 · 79 Stat. 1219
Enacted · 20 U.S.C. § 1087aa
Pub. L. 89–329, title IV, § 461, as added Pub. L. 99–498, title IV, § 405(a), Oct. 17, 1986, 100 Stat. 1439
Source evidence
Code source credit
Pub. L. 89–329, title IV, § 461, as added Pub. L. 99–498, title IV, § 405(a), Oct. 17, 1986, 100 Stat. 1439Enacted provision · exact public law section
Sec. 461. definition of institution of higher education Section 103(b) of the National Defense Education Act of 1958 is amended to read as follows: 72 Stat. 1582. 20 USC 403. “(b) The term Institution of higher education’ means an educational institution in any State which (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate, (2) is legally authorized within such State to provide a program of education beyond secondary education, (3) provides an educational program for which it awards a bachelor’s degree or provides not less than a two-year program which 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 approved by the Commissioner for this purpose or, if not so accredited, (A) is an institution with respect to which the Commissioner has determined that there is satisfactory assurance, considering the resources available to the institution, the period of time, if any, during which it has operated, the effort it is making to meet accreditation standards, and the purpose for which this determination is being made, that the institution will meet the accreditation standards of such an agency or association within a reasonable time, or (B) is an institution whose credits are accepted on transfer by not less than three institutions which are so accredited, for credit oil the same basis as if transferred from an institution so accredited. For purposes of title II, such term includes any school of nursing as defined in subsection 20 USC 421–429. 78 Stat. 1100. (1) of this section, and also includes any school which provides not less than a one-year program of training to prepare students for gainful employment in a recognized occupation and which meets the provisions of clauses (1), (2), (4), and (5). If the Commissioner determines that a particular category of such schools does not meet the requirements of clause (5) because there is no nationally recognized accrediting agency or association qualified to accredit, schools in such category, he shall, pending the establishment of such an accrediting agency or association, appoint an advisory committee, composed of persons specially qualified to evaluate training provided by schools in such category, which shall (i) prescribe the standards of content, scope, and quality which must be met in order to qualify schools in such category to participate in the student loan program under title II, and (ii) determine whether particular schools not meeting the requirements of clause (5) meet those standards. For purposes of this subsection, the Commissioner shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of training offered.”Higher Education Amendments of 1992
Pub. L. 102–325 § 461(a)(2) · 106 Stat. 448
Inserted · 20 U.S.C. § 1087aa(a)
Pub. L. 102–325, § 461(a)(2), (b), inserted “or while engaged in programs of study abroad approved for credit by such institutions” after “in such institutions”
Substituted · 20 U.S.C. § 1087aa(a)
Pub. L. 102–325, § 461(a)(2), (b), substituted “Federal Perkins Loans” for “Perkins Loans”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–325, § 461(a)(2), (b), inserted “or while engaged in programs of study abroad approved for credit by such institutions” after “in such institutions” and substituted “Federal Perkins Loans” for “Perkins Loans”.Enacted provision · exact public law section
(2) Name of loans.— Section 461(a) of the Act is amended by striking “as ‘Perkins Loans’” and inserting “as ‘Federal Perkins Loans’ ”.Higher Education Amendments of 1992
Pub. L. 102–325 § 461(c) · 106 Stat. 448
Amended · 20 U.S.C. § 1087aa(b)
Pub. L. 102–325, § 461(c), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:
Source evidence
Code amendment note
Subsec. (b). Pub. L. 102–325, § 461(c), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:“(1) For the purpose of enabling the Secretary to make contributions to student loan funds established under this part, there are authorized to be appropriated $268,000,000 for fiscal year 1987 and such sums as may be necessary for each of the 4 succeeding fiscal years. “(2) In addition there are hereby authorized to be appropriated such sums for fiscal year 1991 and each of the five succeeding fiscal years as may be necessary to enable students who have received loans for academic years ending prior to October 1, 1991, to continue or complete courses of study.”
Enacted provision · exact public law section
(c) Authorization of Appropriations.— Section 461(b) of the Act is amended to read as follows: “(b) Authorization of Appropriations.— (1) For the purpose of enabling the Secretary to make contributions to student loan funds established under this part, there are authorized to be appropriated $250,000,000 for fiscal year 1993 and such sums as may be necessary for each of the 4 succeeding fiscal years. “(2) In addition to the funds authorized under paragraph (1), there are hereby authorized to be appropriated such sums for fiscal year 1997 and each of the 5 succeeding fiscal years as may be necessary to enable students who have received loans for academic years ending prior to October 1, 1997, to continue or complete courses of study”.Higher Education Amendments of 1998
Pub. L. 105–244 § 461(1) · 112 Stat. 1581
Substituted · 20 U.S.C. § 1087aa(b)(1)
Pub. L. 105–244, § 461(1), substituted “1999” for “1993”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 105–244, § 461(1), substituted “1999” for “1993”.Enacted provision · exact public law section
(1) in paragraph (1), by striking “1993” and inserting “1999”; andEffective date note
Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.Higher Education Amendments of 1998
Pub. L. 105–244 § 461(2) · 112 Stat. 1581
Substituted · 20 U.S.C. § 1087aa(b)(2)
Pub. L. 105–244, § 461(2), substituted “2003” for “1997” in two places
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 105–244, § 461(2), substituted “2003” for “1997” in two places.Enacted provision · exact public law section
(2) in paragraph (2), by striking “1997” each place the term appears and inserting “2003”.Effective date note
Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.Higher Education Opportunity Act
Pub. L. 110–315 § 461(1) · 122 Stat. 3078
Substituted · 20 U.S.C. § 1087aa(b)(1)
Pub. L. 110–315, § 461(1), substituted “$300,000,000 for fiscal year 2009 and for each of the five succeeding fiscal years” for “$250,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 110–315, § 461(1), substituted “$300,000,000 for fiscal year 2009 and for each of the five succeeding fiscal years” for “$250,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years”.Enacted provision · exact public law section
(1) in paragraph (1), by striking “$250,000,000 for fiscal year 1999” and all that follows through the period and inserting “$300,000,000 for fiscal year 2009 and for each of the five succeeding fiscal years.”; andHigher Education Opportunity Act
Pub. L. 110–315 § 461(2) · 122 Stat. 3078
Substituted · 20 U.S.C. § 1087aa(b)(2)
Pub. L. 110–315, § 461(2), substituted “2015” for “2003” in two places
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 110–315, § 461(2), substituted “2015” for “2003” in two places.Enacted provision · exact public law section
(2) in paragraph (2), by striking “2003” each place it appears and inserting “2015”.Federal Perkins Loan Program Extension Act of 2015
Pub. L. 114–105 § 2(a)(1)(A) · 129 Stat. 2219
Substituted · 20 U.S.C. § 1087aa(a)
Pub. L. 114–105, § 2(a)(1)(A), substituted “assisting in the maintenance of funds at institutions of higher education for the making of loans to undergraduate students in need” for “of stimulating and assisting in the establishment and maintenance of funds at institutions of higher education for the making of low-interest loans to students in need thereof”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 114–105, § 2(a)(1)(A), substituted “assisting in the maintenance of funds at institutions of higher education for the making of loans to undergraduate students in need” for “of stimulating and assisting in the establishment and maintenance of funds at institutions of higher education for the making of low-interest loans to students in need thereof”.Enacted provision · exact public law section
(A) in subsection (a), by striking “of stimulating and assisting in the establishment and maintenance of funds at institutions of higher education for the making of low-interest loans to students in need thereof” and inserting “assisting in the maintenance of funds at institutions of higher education for the making of loans to undergraduate students in need”;Federal Perkins Loan Program Extension Act of 2015
Pub. L. 114–105 § 2(a)(1)(B) · 129 Stat. 2219
Added · 20 U.S.C. § 1087aa(b)
Pub. L. 114–105, § 2(a)(1)(B), added subsec. (b)
Struck · 20 U.S.C. § 1087aa(b)
Pub. L. 114–105, § 2(a)(1)(B), struck out former subsec. (b). Prior to amendment, text read as follows:
Source evidence
Code amendment note
Subsec. (b). Pub. L. 114–105, § 2(a)(1)(B), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows:“(1) For the purpose of enabling the Secretary to make contributions to student loan funds established under this part, there are authorized to be appropriated $300,000,000 for fiscal year 2009 and for each of the five succeeding fiscal years. “(2) In addition to the funds authorized under paragraph (1), there are hereby authorized to be appropriated such sums for fiscal year 2015 and each of the 5 succeeding fiscal years as may be necessary to enable students who have received loans for academic years ending prior to October 1, 2015, to continue or complete courses of study.”
Enacted provision · exact public law section
(B) by striking subsection (b) and inserting the following: “(b) Authority to Make Loans.— “(1) In general.— “(A) Loans for new undergraduate federal perkins loan borrowers.— Through September 30, 2017, an institution of higher education may make a loan under this part to an eligible undergraduate student who, on the date of disbursement of a loan made under this part, has no outstanding balance of principal or interest on a loan made under this part from the student loan fund established under this part by the institution, but only if the institution has awarded all Federal Direct Loans, as referenced under subparagraphs (A) and (D) of section 455(a)(2), for which such undergraduate student is eligible. “(B) Loans for current undergraduate federal perkins loan borrowers.— Through September 30, 2017, an institution of higher education may make a loan under this part to an eligible undergraduate student who, on the date of disbursement of a loan made under this part, has an outstanding balance of principal or interest on a loan made under this part from the student loan fund established under this part by the institution, but only if the institution has awarded all Federal Direct Stafford Loans as referenced under section 455(a)(2)(A) for which such undergraduate student is eligible. “(C) Loans for certain graduate borrowers.— Through September 30, 2016, with respect to an eligible graduate student who has received a loan made under this part prior to October 1, 2015, an institution of higher education that has most recently made such a loan to the student for an academic program at such institution may continue making loans under this part from the student loan fund established under this part by the institution to enable the student to continue or complete such academic program. “(2) No additional loans.— An institution of higher education shall not make loans under this part after September 30, 2017. “(3) Prohibition on additional appropriations.— No funds are authorized to be appropriated under this Act or any other Act to carry out the functions described in paragraph (1) for any fiscal year following fiscal year 2015.” ; andFederal Perkins Loan Program Extension Act of 2015
Pub. L. 114–105 § 2(a)(1)(C) · 129 Stat. 2219
Struck · 20 U.S.C. § 1087aa(c)
Pub. L. 114–105, § 2(a)(1)(C), struck out subsec. (c). Text read as follows: “Any sums appropriated pursuant to subsection (b) of this section for any fiscal year shall be available for apportionment pursuant to section 1087bb of this title and for payments of Federal capital contributions therefrom to institutions of higher education which have agreements with the Secretary under section 1087cc of this title. Such Federal capital contributions and all contributions from such institutions shall be used for the establishment, expansion, and maintenance of student loan funds.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 114–105, § 2(a)(1)(C), struck out subsec. (c). Text read as follows: “Any sums appropriated pursuant to subsection (b) of this section for any fiscal year shall be available for apportionment pursuant to section 1087bb of this title and for payments of Federal capital contributions therefrom to institutions of higher education which have agreements with the Secretary under section 1087cc of this title. Such Federal capital contributions and all contributions from such institutions shall be used for the establishment, expansion, and maintenance of student loan funds.”Enacted provision · exact public law section
(C) by striking subsection (c).
12 of 12 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 1087aa, Pub. L. 89–329, title IV, § 461, as added Pub. L. 92–318, title I, § 137(b), , 86 Stat. 273; amended Pub. L. 94–482, title I, § 130(a), (b), , 90 Stat. 2146; Pub. L. 96–49, § 5(d)(1), (2), , 93 Stat. 352; Pub. L. 96–374, title IV, § 441, title XIII, § 1391(a)(1), , 94 Stat. 1436, 1503, authorized a program to establish and maintain funds at institutions of higher education for making low-interest loans to students, prior to the general revision of this part by Pub. L. 99–498.
Another prior section 461 of Pub. L. 89–329 amended former section 403 of this title.
Amendments1992–2015 · 4 rounds
2015
Subsec. (a). Pub. L. 114–105, § 2(a)(1)(A), substituted “assisting in the maintenance of funds at institutions of higher education for the making of loans to undergraduate students in need” for “of stimulating and assisting in the establishment and maintenance of funds at institutions of higher education for the making of low-interest loans to students in need thereof”.
Subsec. (b). Pub. L. 114–105, § 2(a)(1)(B), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows:
“(1) For the purpose of enabling the Secretary to make contributions to student loan funds established under this part, there are authorized to be appropriated $300,000,000 for fiscal year 2009 and for each of the five succeeding fiscal years.
“(2) In addition to the funds authorized under paragraph (1), there are hereby authorized to be appropriated such sums for fiscal year 2015 and each of the 5 succeeding fiscal years as may be necessary to enable students who have received loans for academic years ending prior to , to continue or complete courses of study.”
Subsec. (c). Pub. L. 114–105, § 2(a)(1)(C), struck out subsec. (c). Text read as follows: “Any sums appropriated pursuant to subsection (b) of this section for any fiscal year shall be available for apportionment pursuant to section 1087bb of this title and for payments of Federal capital contributions therefrom to institutions of higher education which have agreements with the Secretary under section 1087cc of this title. Such Federal capital contributions and all contributions from such institutions shall be used for the establishment, expansion, and maintenance of student loan funds.”
2008
Subsec. (b)(1). Pub. L. 110–315, § 461(1), substituted “$300,000,000 for fiscal year 2009 and for each of the five succeeding fiscal years” for “$250,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years”.
Subsec. (b)(2). Pub. L. 110–315, § 461(2), substituted “2015” for “2003” in two places.
1998
Subsec. (b)(1). Pub. L. 105–244, § 461(1), substituted “1999” for “1993”.
Subsec. (b)(2). Pub. L. 105–244, § 461(2), substituted “2003” for “1997” in two places.
1992
Subsec. (a). Pub. L. 102–325, § 461(a)(2), (b), inserted “or while engaged in programs of study abroad approved for credit by such institutions” after “in such institutions” and substituted “Federal Perkins Loans” for “Perkins Loans”.
Subsec. (b). Pub. L. 102–325, § 461(c), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:
“(1) For the purpose of enabling the Secretary to make contributions to student loan funds established under this part, there are authorized to be appropriated $268,000,000 for fiscal year 1987 and such sums as may be necessary for each of the 4 succeeding fiscal years.
“(2) In addition there are hereby authorized to be appropriated such sums for fiscal year 1991 and each of the five succeeding fiscal years as may be necessary to enable students who have received loans for academic years ending prior to , to continue or complete courses of study.”
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–244 effective , except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.
Construction of 2015 Amendment
Pub. L. 114–105, § 2(a)(2), , 129 Stat. 2220, provided that: “Notwithstanding the amendments made under paragraph (1) of this subsection [amending this section], an eligible graduate borrower who received a disbursement of a loan under part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.) after and before , for the 2016–2017 award year, may receive a subsequent disbursement of such loan by , for which the borrower received an initial disbursement after and before .”
Credits
1986–2015 · 5 acts
- 1986Pub. L. 89–329, title IV, § 461, as added Pub. L. 99–498, title IV, § 405(a), , 100 Stat. 1439
- 1992amended Pub. L. 102–325, title IV, § 461(a)(2)–(c), , 106 Stat. 576
- 1998Pub. L. 105–244, title IV, § 461, , 112 Stat. 1720
- 2008Pub. L. 110–315, title IV, § 461, , 122 Stat. 3265
- 2015Pub. L. 114–105, § 2(a)(1), , 129 Stat. 2219.
Show as published
(Pub. L. 89–329, title IV, § 461, as added Pub. L. 99–498, title IV, § 405(a), , 100 Stat. 1439; amended Pub. L. 102–325, title IV, § 461(a)(2)–(c), , 106 Stat. 576; Pub. L. 105–244, title IV, § 461, , 112 Stat. 1720; Pub. L. 110–315, title IV, § 461, , 122 Stat. 3265; Pub. L. 114–105, § 2(a)(1), , 129 Stat. 2219.)