[Code of Federal Regulations]
[Title 34, Volume 3]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR668.162]

[Page 524-526]
 
                           TITLE 34--EDUCATION
 
                         DEPARTMENT OF EDUCATION
 
PART 668--STUDENT ASSISTANCE GENERAL PROVISIONS--Table of Contents
 
                       Subpart K--Cash Management
 
Sec. 668.162  Requesting funds.

    (a) General. (1) The Secretary has sole discretion to determine the 
method under which the Secretary provides title IV, HEA program funds to 
an institution. In accordance with procedures established by the 
Secretary, the Secretary may provide funds to an institution under the 
advance, reimbursement, just-in-time, or cash monitoring payment 
methods.
    (2) Each time an institution requests funds from the Secretary, the 
institution must identify the amount of funds requested by program and 
fiscal year designation that the Secretary assigned to the authorization 
for those funds.
    (b) Advance payment method. Under the advance payment method--
    (1) An institution submits a request for funds to the Secretary. The 
institution's request for funds may not exceed the amount of funds the 
institution needs immediately for disbursements the institution has made 
or will make to eligible students and parents;

[[Page 525]]

    (2) If the Secretary accepts that request, the Secretary initiates 
an electronic funds transfer (EFT) of that amount to a bank account 
designated by the institution; and
    (3) The institution must disburse the funds requested as soon as 
administratively feasible but no later than three business days 
following the date the institution received those funds.
    (c) Just-in-time payment method. Under the just-in-time payment 
method--
    (1) For each student or parent that an institution determines is 
eligible for title IV, HEA program funds, the institution transmits 
electronically to the Secretary, within a timeframe established by the 
Secretary, records that contain program award information for that 
student or parent. As part of those records, the institution reports the 
date and amount of the disbursements that it will make or has made to 
that student or that student's parent;
    (2) For each record the Secretary accepts for a student or parent, 
the Secretary provides by EFT the corresponding disbursement amount to 
the institution on or before the date reported by the institution for 
that disbursement;
    (3) When the institution receives the funds for each record accepted 
by the Secretary, the institution may disburse those funds based on its 
determination at the time the institution transmitted that record to the 
Secretary that the student is eligible for that disbursement; and
    (4) The institution must report any adjustment to a previously 
accepted record within the time established by the Secretary in a notice 
published in the Federal Register.
    (d) Reimbursement payment method. Under the reimbursement payment 
method--
    (1) An institution must first make disbursements to students and 
parents for the amount of funds those students and parents are eligible 
to receive under the Federal Pell Grant, Direct Loan, and campus-based 
programs before the institution may seek reimbursement from the 
Secretary for those disbursements. The Secretary considers an 
institution to have made a disbursement if the institution has either 
credited a student's account or paid a student or parent directly with 
its own funds;
    (2) An institution seeks reimbursement by submitting to the 
Secretary a request for funds that does not exceed the amount of the 
actual disbursements the institution has made to students and parents 
included in that request;
    (3) As part of the institution's reimbursement request, the 
Secretary requires the institution to--
    (i) Identify the students for whom reimbursement is sought; and
    (ii) Submit to the Secretary or entity approved by the Secretary 
documentation that shows that each student and parent included in the 
request was eligible to receive and has received the title IV, HEA 
program funds for which reimbursement is sought; and
    (4) The Secretary approves the amount of the institution's 
reimbursement request for a student or parent and pays the institution 
that amount, if the Secretary determines with regard to that student or 
parent that the institution--
    (i) Accurately determined the student's eligibility for title IV, 
HEA program funds;
    (ii) Accurately determined the amount of title IV, HEA program funds 
paid to the student or parent; and
    (iii) Submitted the documentation required under paragraph (d)(3) of 
this section.
    (e) Cash monitoring payment method. Under the cash monitoring 
payment method, the Secretary provides title IV, HEA program funds to an 
institution under the provisions described in paragraph (e)(1) or (e)(2) 
of this section. Under either paragraph (e)(1) or (e)(2) of this 
section, an institution must first make disbursements to students and 
parents for the amount of title IV, HEA program funds that those 
students and parents are eligible to receive, before the institution--
    (1) Submits a request for funds under the provisions of the advance 
payment ethod described in paragraph (b) of this section, except that 
the institution's request may not exceed the amount of the actual 
disbursements the institution made to the students and parents included 
in that request; or

[[Page 526]]

    (2) Seeks reimbursement for those disbursements under the provisions 
of the reimbursement payment method described in paragraph (d) of this 
section, except that the Secretary may modify the documentation 
requirements and review procedures used to approve the reimbursement 
request.

(Authority: 20 U.S.C. 1094)

[61 FR 60603, Nov. 29, 1996, as amended at 62 FR 62876, Nov. 25, 1997]