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Title 20 — Education

Part E · Chapter 28 — Higher Education Resources and Student Assistance

§ 1019d. Self-certification form for private education loans

Statutory text

(a)

In general

The Secretary, in consultation with the Board of Governors of the Federal Reserve System, shall develop the self-certification form for private education loans that shall be used to satisfy the requirements of section 1638(e)(3) of title 15. Such form shall—

(1)

be developed in a standardized format;

(2)

be made available to the applicant by the relevant institution of higher education, in written or electronic form, upon request of the applicant;

(3)

contain only disclosures that—

(A)

the applicant may qualify for Federal student financial assistance through a program under subchapter IV of this chapter, or State or institutional student financial assistance, in place of, or in addition to, a private education loan;

(B)

the applicant is encouraged to discuss the availability of Federal, State, and institutional student financial assistance with financial aid officials at the applicant’s institution of higher education;

(C)

a private education loan may affect the applicant’s eligibility for free or low-cost Federal, State or institutional student financial assistance; and

(D)

the information that the applicant is required to provide on the form is available from officials at the financial aid office of the institution of higher education;

(4)

include a place to provide information on—

(A)

the applicant’s cost of attendance at the institution of higher education, as determined by the institution under part F of subchapter IV;

(B)

the applicant’s estimated financial assistance, including amounts of financial assistance used to replace the student aid index, as determined by the institution, in accordance with subchapter IV, for students who have completed the Free Application for Federal Student Aid; and

(C)

the difference between the amounts under subparagraphs (A) and (B), as applicable; and

(5)

include a place for the applicant’s signature, in written or electronic form.

(b)

Limit on liability

Nothing in this section shall be construed to create a private right of action against an institution of higher education with respect to the form developed under subsection (a).

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.

  1. Higher Education Act of 1965

    Pub. L. 89–329 title I § 155 · 79 Stat. 1219

    Enacted · 20 U.S.C. § 1019d

    Pub. L. 89–329, title I, § 155, as added Pub. L. 110–315, title X, § 1021(b), Aug. 14, 2008, 122 Stat. 3487

    Source evidence

    Code source credit
    Pub. L. 89–329, title I, § 155, as added Pub. L. 110–315, title X, § 1021(b), Aug. 14, 2008, 122 Stat. 3487

  2. Pub. L. 111–39 title I § 101(b)(7) · 123 Stat. 1934

    1. Added · 20 U.S.C. § 1019d(a)(4)

      Pub. L. 111–39 added par. (4)

    2. Struck · 20 U.S.C. § 1019d(a)(4)

      Pub. L. 111–39 struck out former par. (4) which read as follows: “include a place to provide information on—

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 111–39 added par. (4) and struck out former par. (4) which read as follows: “include a place to provide information on—

    “(A) the applicant’s cost of attendance at the institution of higher education, as determined by the institution under Part F of subchapter IV; “(B) the applicant’s expected family contribution, as determined under Part F of subchapter IV, as applicable, for students who have completed the free application for Federal student aid; “(C) the applicant’s estimated financial assistance, as determined by the institution, in accordance with subchapter IV, as applicable; “(D) the difference between the amounts under subparagraphs (A) and (C), as applicable; and “(E) the sum of the amounts under subparagraphs (B) and (D), as applicable; and”.

    Enacted provision · exact public law section
    (7) in section 155(a) (20 U.S.C. 1019d(a)), by striking paragraph (4) and inserting the following: “(4) include a place to provide information on— “(A) the applicant’s cost of attendance at the institution of higher education, as determined by the institution under part F of title IV; “(B) the applicant’s estimated financial assistance, including amounts of financial assistance used to replace the expected family contribution, as determined by the institution, in accordance with title IV, for students who have completed the Free Application for Federal Student Aid; and “(C) the difference between the amounts under subparagraphs (A) and (B), as applicable; and” .

  3. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2021

    Pub. L. 116–260 div. FF title VII § 704(1) · 134 Stat. 1182

    Substituted · 20 U.S.C. § 1019d(a)(4)(B)

    Pub. L. 116–260 substituted “the student aid index” for “the expected family contribution”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(B). Pub. L. 116–260 substituted “the student aid index” for “the expected family contribution”.

    Enacted provision · exact public law section
    Sec. 704. No Contracts. funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act.

    Effective date note
    Amendment by Pub. L. 116–260 effective July 1, 2024, except as otherwise expressly provided, and applicable with respect to award year 2024–2025 and each subsequent award year, as determined under this chapter, see section 701(b) of Pub. L. 116–260, set out as a note under section 1001 of this title.

3 of 4 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments2009–2020 · 2 rounds

2020

Subsec. (a)(4)(B). Pub. L. 116–260 substituted “the student aid index” for “the expected family contribution”.

2009

Subsec. (a)(4). Pub. L. 111–39 added par. (4) and struck out former par. (4) which read as follows: “include a place to provide information on—

“(A) the applicant’s cost of attendance at the institution of higher education, as determined by the institution under Part F of subchapter IV;

“(B) the applicant’s expected family contribution, as determined under Part F of subchapter IV, as applicable, for students who have completed the free application for Federal student aid;

“(C) the applicant’s estimated financial assistance, as determined by the institution, in accordance with subchapter IV, as applicable;

“(D) the difference between the amounts under subparagraphs (A) and (C), as applicable; and

“(E) the sum of the amounts under subparagraphs (B) and (D), as applicable; and”.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Amendment by Pub. L. 116–260 effective , except as otherwise expressly provided, and applicable with respect to award year 2024–2025 and each subsequent award year, as determined under this chapter, see section 701(b) of Pub. L. 116–260, set out as a note under section 1001 of this title.

Effective Date of 2009 Amendment

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

Credits

2008–2020 · 3 acts
  1. 2008Pub. L. 89–329, title I, § 155, as added Pub. L. 110–315, title X, § 1021(b), , 122 Stat. 3487
  2. 2009amended Pub. L. 111–39, title I, § 101(b)(7), , 123 Stat. 1935
  3. 2020Pub. L. 116–260, div. FF, title VII, § 704(1), , 134 Stat. 3199.
Show as published

(Pub. L. 89–329, title I, § 155, as added Pub. L. 110–315, title X, § 1021(b), , 122 Stat. 3487; amended Pub. L. 111–39, title I, § 101(b)(7), , 123 Stat. 1935; Pub. L. 116–260, div. FF, title VII, § 704(1), , 134 Stat. 3199.)

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