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Title 20 — Education

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

§ 1077. Eligibility of student borrowers and terms of federally insured student loans

Statutory text

(a)

List of requirements

Except as provided in section 1078–3 of this title, a loan by an eligible lender shall be insurable by the Secretary under the provisions of this part only if—

(1)

made to a student who (A) is an eligible student under section 1091 of this title, (B) has agreed to notify promptly the holder of the loan concerning any change of address, and (C) is carrying at least one-half the normal full-time academic workload for the course of study the student is pursuing (as determined by the institution); and

(2)

evidenced by a note or other written agreement which—

(A)

is made without security and without endorsement;

(B)

provides for repayment (except as provided in subsection (c)) of the principal amount of the loan in installments over a period of not less than 5 years (unless sooner repaid or unless the student, during the 6 months preceding the start of the repayment period, specifically requests that repayment be made over a shorter period) nor more than 10 years beginning 6 months after the month in which the student ceases to carry at an eligible institution at least one-half the normal full-time academic workload as determined by the institution, except—

(i)

as provided in subparagraph (C);

(ii)

that the note or other written instrument may contain such reasonable provisions relating to repayment in the event of default in the payment of interest or in the payment of the cost of insurance premiums, or other default by the borrower, as may be authorized by regulations of the Secretary in effect at the time the loan is made; and

(iii)

that the lender and the student, after the student ceases to carry at an eligible institution at least one-half the normal full-time academic workload as determined by the institution, may agree to a repayment schedule which begins earlier, or is of shorter duration, than required by this subparagraph, but in the event a borrower has requested and obtained a repayment period of less than 5 years, the borrower may at any time prior to the total repayment of the loan, have the repayment period extended so that the total repayment period is not less than 5 years;

(C)

provides that periodic installments of principal need not be paid, but interest shall accrue and be paid, during any period—

(i)

during which the borrower—

(I)

is pursuing at least a half-time course of study as determined by an eligible institution; or

(II)

is pursuing a course of study pursuant to a graduate fellowship program approved by the Secretary, or pursuant to a rehabilitation training program for individuals with disabilities approved by the Secretary,

 except that no borrower shall be eligible for a deferment under this clause, or a loan made under this part (other than a loan made under section 1078–2 or 1078–3 of this title), while serving in a medical internship or residency program;

(ii)

not in excess of 3 years during which the borrower is seeking and unable to find full-time employment;

(iii)

not in excess of 3 years for any reason which the lender determines, in accordance with regulations prescribed by the Secretary under section 1085(o) of this title, has caused or will cause the borrower to have an economic hardship; or

(iv)

in which the borrower is receiving treatment for cancer and the 6 months after such period.1

and provides that any such period shall not be included in determining the 10-year period described in subparagraph (B);

(D)

provides for interest on the unpaid principal balance of the loan at a yearly rate, not exceeding the applicable maximum rate prescribed in section 1077a of this title, which interest shall be payable in installments over the period of the loan except that, if provided in the note or other written agreement, any interest payable by the student may be deferred until not later than the date upon which repayment of the first installment of principal falls due, in which case interest accrued during that period may be added on that date to the principal;

(E)

provides that the lender will not collect or attempt to collect from the borrower any portion of the interest on the note which is payable by the Secretary under this part, and that the lender will enter into such agreements with the Secretary as may be necessary for the purpose of section 1087 of this title;

(F)

entitles the student borrower to accelerate without penalty repayment of the whole or any part of the loan;

(G)
(i)

contains a notice of the system,2 of disclosure of information concerning such loan to consumer reporting agencies under section 1080a of this title, and (ii) provides that the lender on request of the borrower will provide information on the repayment status of the note to such consumer reporting agencies;

(H)

provides that, no more than 6 months prior to the date on which the borrower’s first payment on a loan is due, the lender shall offer the borrower the option of repaying the loan in accordance with a graduated or income-sensitive repayment schedule established by the lender and in accordance with the regulations of the Secretary; and

(I)

contains such other terms and conditions, consistent with the provisions of this part and with the regulations issued by the Secretary pursuant to this part, as may be agreed upon by the parties to such loan, including, if agreed upon, a provision requiring the borrower to pay the lender, in addition to principal and interest, amounts equal to the insurance premiums payable by the lender to the Secretary with respect to such loan;

(3)

the funds borrowed by a student are disbursed to the institution by check or other means that is payable to and requires the endorsement or other certification by such student, except—

(A)

that nothing in this subchapter shall be interpreted—

(i)

to allow the Secretary to require checks to be made copayable to the institution and the borrower; or

(ii)

to prohibit the disbursement of loan proceeds by means other than by check; and

(B)

in the case of any student who is studying outside the United States in a program of study abroad that is approved for credit by the home institution at which such student is enrolled, the funds shall, at the request of the borrower, be delivered directly to the student and the checks may be endorsed, and fund transfers authorized, pursuant to an authorized power-of-attorney; and

(4)

the funds borrowed by a student are disbursed in accordance with section 1078–7 of this title.

(b)

Special rules for multiple disbursement

For the purpose of subsection (a)(4)—

(1)

all loans issued for the same period of enrollment shall be considered as a single loan; and

(2)

the requirements of such subsection shall not apply in the case of a loan made under section 1078–2 or 1078–3 of this title, or made to a student to cover the cost of attendance at an eligible institution outside the United States.

(c)

Special repayment rules

Except as provided in subsection (a)(2)(H), the total of the payments by a borrower during any year of any repayment period with respect to the aggregate amount of all loans to that borrower which are insured under this part shall not, unless the borrower and the lender otherwise agree, be less than $600 or the balance of all such loans (together with interest thereon), whichever amount is less (but in no instance less than the amount of interest due and payable).

(d)

Borrower information

The lender shall obtain the borrower’s driver’s license number, if any, at the time of application for the loan.

Footnotes

  1. 1 So in original. The period probably should be a semicolon.
  2. 2 So in original. The comma probably should not appear.

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 IV § 427 · 79 Stat. 1219

    Enacted · 20 U.S.C. § 1077

    Pub. L. 89–329, title IV, § 427, as added Pub. L. 99–498, title IV, § 402(a), Oct. 17, 1986, 100 Stat. 1361

    Source evidence

    Code source credit
    Pub. L. 89–329, title IV, § 427, as added Pub. L. 99–498, title IV, § 402(a), Oct. 17, 1986, 100 Stat. 1361

    Enacted provision · exact public law section
    Sec. 427. eligibility of student borrowers and terms of student loans (a) A loan by an eligible lender shall be insurable by the Commissioner under the provisions of this part only if— (1) made to a student who (A) has been accepted for enrollment at an eligible institution or, in the ease of a student already attending such institution, is in good standing there as determined by the institution, and (B) is carrying at least one-half of the normal full-time workload as determined by the institution, and (C) has provided the lender with a statement of the institution which sets forth a schedule of the tuition and fees applicable to that student and its estimate of the cost of board and room for such a student; and (2) evidenced by a note or other written agreement which— (A) is made without security and without endorsement, except that if the borrower is a minor and such note or other ‘written agreement executed by him would not, under the applicable law, create a binding obligation, endorsement may be required, (B) provides for repayment (except as provided in subsection (c)) of the principal amount of the loan in installments over a period of not less than five years (unless sooner repaid) nor more than ten years beginning not earlier than nine months nor later than one year after the date on which the student ceases to carry at an eligible institution at least one-half the normal full-time academic workload as determined by the institution, except (i) as provided in clause (C) below, (ii) that the period of the loan may not exceed fifteen years from the execution of the note or written agreement evidencing it and (iii) that the note or other written instrument may contain such provisions relating to repayment in the event of default in the payment of interest or in the payment of the cost of insurance premiums, or other default by the borrower, as may be authorized by regulations of the Commissioner in effect at the time the loan is made, (C) provides that periodic installments of principal need not be paid, but interest shall accrue and be paid, during any period (i) during which the borrower is pursuing a full-time course of study at an institution of higher education or at a comparable institution outside the States approved for this purpose by the Commissioner, (ii) not in excess of three years, during which the borrower is a member of the Armed Forces of the United States, or (iii) not in excess of three, years during which the borrower is in service as a volunteer under the Peace Corps Act, and any such period shall not be 75 Stat. 612. 22 USC 2501 note. included in determining the ten-year period or the fifteen-year period provided in clause (B) above, (D) provides for interest on the unpaid principal balance of the loan at a yearly rate, not exceeding the applicable maximum rate prescribed and defined by the Secretary’ (within the limits set forth in subsection (b)) on a national, regional, or other appropriate basis, which interest shall be payable in installments over the period of the loan except that, if provided in the note or other written agreement, any interest payable by the student may be deferred until not later than the date upon which repayment of the first installment of principal falls due, in which case interest that has so accrued during that period may be added on that date to the principal (but without, thereby increasing the insurance liability under this part), (E) provides that the lender will not collect or attempt to collect from the borrower any portion of the interest on the note which is payable by the Commissioner under this part, (F) entitles the student borrower to accelerate without penalty repayment of the whole or any part of the loan, and (G) contains such other terms and conditions, consistent with the provisions of this part and with the regulations issued by the Commissioner pursuant to this part, as may be agreed upon by the parties to such loan, including, if agreed upon, a provision requiring the borrower to pay to the lender, in addition to principal and interest, amounts equal to the insurance premiums payable by the lender to the Commissioner with respect to such loan. (b) No maximum rate of interest prescribed and defined by the Secretary for the purposes of clause (2) (D) of subsection (a) may exceed 6 per centum per annum on the unpaid principal balance of the loan, except that under circumstances which threaten to impede the carrying out of the purposes of this part, one or more of such maximum rates of interest may be as high as 7 per centum per annum on the unpaid principal balance of the loan. (c) The total of the payments by a borrower during any year of any repayment period with respect to the aggregate amount of all loans to that borrower which are insured by the Commissioner under this part shall not be less than $360 or the balance of all of such loans (together with interest thereon), whichever amount is less.

  2. Higher Education Technical Amendments Act of 1987

    Pub. L. 100–50 § 10(b)(1) · 101 Stat. 335

    Inserted · 20 U.S.C. § 1077(a)(2)(C)(vi)

    Pub. L. 100–50, § 10(b)(1), inserted “nonprofit” before “private”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C)(vi). Pub. L. 100–50, § 10(b)(1), inserted “nonprofit” before “private”.

    Enacted provision · exact public law section
    (1) Sections 427(a)(2)(C)(vi) and 428(b)(1)(M)(vi) of the Act are each amended by 20 USC 1077. inserting “nonprofit” before “private”.

  3. Higher Education Technical Amendments Act of 1987

    Pub. L. 100–50 § 10(b)(2) · 101 Stat. 335

    Inserted · 20 U.S.C. § 1077(a)(2)(C)(vii)

    Pub. L. 100–50, § 10(b)(2), inserted “or serving in an internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital, or a health care facility that offers postgraduate training” before semicolon at end

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C)(vii). Pub. L. 100–50, § 10(b)(2), inserted “or serving in an internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital, or a health care facility that offers postgraduate training” before semicolon at end.

    Enacted provision · exact public law section
    (2) Sections 427(a)(2)(C)(vii) and 428(b)(1)(M)(vii) of the Act are each Health care facilities. amended by inserting before the semicolon at the end thereof the following: “or serving in an internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital, or a health care facility that offers post-graduate training”.

  4. Higher Education Technical Amendments Act of 1987

    Pub. L. 100–50 § 10(c) · 101 Stat. 335

    Substituted · 20 U.S.C. § 1077(a)(4)

    Pub. L. 100–50, § 10(c), substituted “$1,000 or more” for “more than $1,000”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 100–50, § 10(c), substituted “$1,000 or more” for “more than $1,000”.

    Enacted provision · exact public law section
    (c) Multiple Disbursement.— Sections 427(a)(4) and 428(b)(1)(O) of the Act are each amended by striking out “more than $1,000” and inserting “$1,000 or more”.

  5. Pub. L. 100–369 § 7(c) · 102 Stat. 835

    Substituted · 20 U.S.C. § 1077(a)(2)(C)(v)

    Pub. L. 100–369, § 7(c), 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

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C)(v). Pub. L. 100–369, § 7(c), 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.

    Enacted provision · exact public law section
    (c) Technical Amendment.— The Higher Education Act of 1965 is 20 USC 1001 et seq. amended by striking out “Internal Revenue Code of 1954” each time it appears and inserting in lieu thereof “Internal Revenue Code of 1986”.

  6. Pub. L. 100–369 § 11(a) · 102 Stat. 835

    Inserted · 20 U.S.C. § 1077(a)(2)(C)(vii)

    Pub. L. 100–369, § 11(a), inserted “after January 1, 1986,” after “service”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C)(vii). Pub. L. 100–369, § 11(a), inserted “after January 1, 1986,” after “service”.

    Enacted provision · exact public law section
    (a) In General.— Sections 427(a)(2)(C)(vii) and 428(b)(1)(M)(vii) of 20 USC 1077, 1078. the Act are each amended by inserting “after January 1, 1986,” after “service”.

  7. Pub. L. 100–369 § 5(b)(1) · 102 Stat. 835

    Substituted · 20 U.S.C. § 1077(b)(2)

    Pub. L. 100–369, § 5(b)(1), substituted “section 1078–2 or 1078–3” for “section 1078–1, 1078–2, or 1078–3”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 100–369, § 5(b)(1), substituted “section 1078–2 or 1078–3” for “section 1078–1, 1078–2, or 1078–3”.

    Enacted provision · exact public law section
    (1) Section 427(b)(2) of such Act (20 U.S.C. 1077(b)(2)) is amended by striking out “section 428A, 428B, or 428C” and inserting “section 428B or 428C”.

  8. Student Loan Reconciliation Amendments of 1989

    Pub. L. 101–239 § 2002(a)(1) · 103 Stat. 2106

    Inserted · 20 U.S.C. § 1077(a)(2)(C)(i)

    Pub. L. 101–239, § 2002(a)(1), inserted before semicolon at end “, except that no borrower shall be eligible for a deferment under this clause, or a loan made under this part (other than a loan made under section 1078–2 or 1078–3 of this title), while serving in a medical internship or residency program”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C)(i). Pub. L. 101–239, § 2002(a)(1), inserted before semicolon at end “, except that no borrower shall be eligible for a deferment under this clause, or a loan made under this part (other than a loan made under section 1078–2 or 1078–3 of this title), while serving in a medical internship or residency program”.

    Enacted provision · exact public law section
    (1) Federally insured student loans.— Section 427(a)(2)(C)(i) of the Higher Education Act of 1965 (20 U.S.C. 1077(a)(2)(C)(i)) is amended by inserting before the semicolon at the end thereof the following: “, except that no borrower shall be eligible for a deferment under this clause, or a loan made under this part (other than a loan made under 428B or 4280, while serving in a medical internship or residency program”.

  9. Student Loan Reconciliation Amendments of 1989

    Pub. L. 101–239 § 2004(b)(2) · 103 Stat. 2106

    Amended · 20 U.S.C. § 1077(a)(4)

    Pub. L. 101–239, § 2004(b)(2), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “in the case of any loan made for any period of enrollment that ends more than 180 days (or 6 months) after the date disbursement is scheduled to occur, and for an amount of $1,000 or more, the proceeds of the loan will, subject to subsection (b) of this section, be disbursed directly by the lender in two or more installments, none of which exceeds one-half of the loan, with the second installment being disbursed after not less than one-third of such period (except as necessary to permit the second installment to be disbursed at the beginning of the second semester, quarter, or similar division of such period of enrollment).”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 101–239, § 2004(b)(2), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “in the case of any loan made for any period of enrollment that ends more than 180 days (or 6 months) after the date disbursement is scheduled to occur, and for an amount of $1,000 or more, the proceeds of the loan will, subject to subsection (b) of this section, be disbursed directly by the lender in two or more installments, none of which exceeds one-half of the loan, with the second installment being disbursed after not less than one-third of such period (except as necessary to permit the second installment to be disbursed at the beginning of the second semester, quarter, or similar division of such period of enrollment).”

    Enacted provision · exact public law section
    (2) Federally insured loans.— Section 427(a)(4) of the Higher Education Act of 1965 (20 U.S.C. 1077(a)(4)) is amended to read as follows: “(4) the funds borrowed by a student are disbursed in accordance with section 428G.”.

  10. Emergency Unemployment Compensation Act of 1991

    Pub. L. 102–164 § 601(a) · 105 Stat. 1049

    Amended · 20 U.S.C. § 1077(a)(2)(A)

    Pub. L. 102–164, § 601(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “is made without security and without endorsement, except that if the borrower is a minor and such note or other written agreement executed by the borrower would not, under the applicable law, create a binding obligation, endorsement may be required;”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A). Pub. L. 102–164, § 601(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “is made without security and without endorsement, except that if the borrower is a minor and such note or other written agreement executed by the borrower would not, under the applicable law, create a binding obligation, endorsement may be required;”.

    Enacted provision · exact public law section
    (a) FISL Program.— Section 427(a)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), hereafter in this title referred as “the Act”, is amended to read as follows: “(A) is made without security and without endorsement, except that prior to making a loan insurable by the Secretary under this part a lender shall— “(i) obtain a credit report, from at least one national credit bureau organization, with respect to a loan applicant who will be at least 21 years of age as of July 1 of the award year for which assistance is being sought, for which the lender may charge the applicant an amount not to exceed the lesser of $25 or the actual cost of obtaining the credit report; and “(ii) require an applicant of the age specified in clause (i) who, in the judgment of the lender in accordance with the regulations of the Secretary, has an adverse credit history, to obtain a credit worthy cosigner in order to obtain the loan, provided that, for purposes of this clause, an insufficient or nonexistent credit history may not be considered to be an adverse credit history;”.

  11. Emergency Unemployment Compensation Act of 1991

    Pub. L. 102–164 § 602(a) · 105 Stat. 1049

    Added · 20 U.S.C. § 1077(d)

    Pub. L. 102–164, § 602(a), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 102–164, § 602(a), added subsec. (d).

    Enacted provision · exact public law section
    (a) FISL Program.— Section 427 of the Act is amended by adding at the end thereof the following new subsection: “(d) Borrower Information.— The lender shall obtain the borrower’s driver’s license number, if any, at the time of application for the loan.”.

  12. Higher Education Amendments of 1992

    Pub. L. 102–325 § 414(a) · 106 Stat. 448

    Amended · 20 U.S.C. § 1077(a)(2)(A)

    Pub. L. 102–325, § 414(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “is made without security and without endorsement, except that prior to making a loan insurable by the Secretary under this part a lender shall—

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A). Pub. L. 102–325, § 414(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “is made without security and without endorsement, except that prior to making a loan insurable by the Secretary under this part a lender shall—

    “(i) obtain a credit report, from at least one national credit bureau organization, with respect to a loan applicant who will be at least 21 years of age as of July 1 of the award year for which assistance is being sought, for which the lender may charge the applicant an amount not to exceed the lesser of $25 or the actual cost of obtaining the credit report; and “(ii) require an applicant of the age specified in clause (i) who, in the judgment of the lender in accordance with the regulations of the Secretary, has an adverse credit history, to obtain a credit worthy cosigner in order to obtain the loan, provided that, for purposes of this clause, an insufficient or nonexistent credit history may not be considered to be an adverse credit history;”.

    Enacted provision · exact public law section
    (a) Security and Endorsement.— Section 427(a)(2)(A) of the Act (20 U.S.C. 1077(a)(2)(A)) is amended to read as follows: “(A) is made without security and without endorsement;”.

  13. Higher Education Amendments of 1992

    Pub. L. 102–325 § 414(b) · 106 Stat. 448

    Amended · 20 U.S.C. § 1077(a)(2)(C)

    Pub. L. 102–325, § 414(b), amended subpar. (C) generally, revising and restating as cls. (i) to (iii) provisions formerly contained in cls. (i) to (xi)

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C). Pub. L. 102–325, § 414(b), amended subpar. (C) generally, revising and restating as cls. (i) to (iii) provisions formerly contained in cls. (i) to (xi).

    Enacted provision · exact public law section
    (b) Insured Loan Deferments.— Section 427(a)(2)(C) of the Act is amended to read as follows: “(C) provides that periodic installments of principal need not be paid, but interest shall accrue and be paid, during any period— “(i) during which the borrower— “(I) is pursuing at least a half-time course of study as determined by an eligible institution; or “(II) is pursuing a course of study pursuant to a graduate fellowship program approved by the Secretary, or pursuant to a rehabilitation training program for individuals with disabilities approved by the Secretary, except that no borrower shall be eligible for a deferment under this clause, or a loan made under this part (other than a loan made under 428B or 428C), while serving in a medical internship or residency program; “(ii) not in excess of 3 years during which the borrower is seeking and unable to find full-time employment; or “(iii) not in excess of 3 years for any reason which the lender determines, in accordance with regulations prescribed by the Secretary under section 435(o), has caused or will cause the borrower to have an economic hardship; and provides that any such period shall not be included in determining the 10-year period described in subparagraph (B);”.

  14. Higher Education Amendments of 1992

    Pub. L. 102–325 § 414(c)(1) · 106 Stat. 448

    1. Struck · 20 U.S.C. § 1077(a)(2)(G)(I)

      Pub. L. 102–325, § 414(c)(1), struck out “and” at end of subpar. (G)

    2. Added · 20 U.S.C. § 1077(a)(2)(G)(I)

      Pub. L. 102–325, § 414(c)(1), added subpar. (H)

    3. Redesignated · 20 U.S.C. § 1077(a)(2)(G)(I)

      Pub. L. 102–325, § 414(c)(1), redesignated former subpar. (H) as (I)

    Source evidence

    Code amendment note
    Subsec. (a)(2)(G) to (I). Pub. L. 102–325, § 414(c)(1), struck out “and” at end of subpar. (G), added subpar. (H), and redesignated former subpar. (H) as (I).

    Enacted provision · exact public law section
    (1) in subsection (a)(2)— (A) by striking “and” at the end of subparagraph (G); (B) by redesignating subparagraph (H) as subparagraph (I); and (C) by inserting after subparagraph (G) the following: “(H) provides that, no more than 6 months prior to the date on which the borrower’s first payment on a loan is due, the lender shall offer the borrower the option of repaying the loan in accordance with a graduated or income-sensitive repayment schedule established by the lender and in accordance with the regulations of the Secretary; and”; and

  15. Higher Education Amendments of 1992

    Pub. L. 102–325 § 414(d) · 106 Stat. 448

    Amended · 20 U.S.C. § 1077(a)(3)

    Pub. L. 102–325, § 414(d), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “the funds borrowed by a student are disbursed to the institution by check or other means that is payable to and requires the endorsement or other certification by such student, except nothing in this subchapter shall be interpreted to allow the Secretary to require checks to be made co-payable to the institution and the borrower or to prohibit the disbursement of loan proceeds by means other than by check; and”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 102–325, § 414(d), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “the funds borrowed by a student are disbursed to the institution by check or other means that is payable to and requires the endorsement or other certification by such student, except nothing in this subchapter shall be interpreted to allow the Secretary to require checks to be made co-payable to the institution and the borrower or to prohibit the disbursement of loan proceeds by means other than by check; and”.

    Enacted provision · exact public law section
    (d) Study Abroad.— Section 427(a)(3) of the Act is amended to read as follows: “(3) the funds borrowed by a student are disbursed to the institution by check or other means that is payable to and requires the endorsement or other certification by such student, except— “(A) that nothing in this title shall be interpreted— “(i) to allow the Secretary to require checks to be made copayable to the institution and the borrower; or “(ii) to prohibit the disbursement of loan proceeds by means other than by check; and “(B) in the case of any student who is studying outside the United States in a program of study abroad that is approved for credit by the home institution at which such student is enrolled, the funds shall, at the request of the borrower, be delivered directly to the student and the checks may be endorsed, and fund transfers authorized, pursuant to an authorized power-of-attorney; and”.

  16. Higher Education Amendments of 1992

    Pub. L. 102–325 § 414(c)(2) · 106 Stat. 448

    1. Substituted · 20 U.S.C. § 1077(c)

      Pub. L. 102–325, § 414(c)(2), (e), substituted “Special repayment rules” for “Minimum repayment rate”

    2. Substituted · 20 U.S.C. § 1077(c)

      Pub. L. 102–325, § 414(c)(2), (e), substituted “Except as provided in subsection (a)(2)(H), the total” for “The total”

    3. Substituted · 20 U.S.C. § 1077(c)

      Pub. L. 102–325, § 414(c)(2), (e), substituted “(but in no instance less than the amount of interest due and payable)” for “, except that in the case of a husband and wife, both of whom have such loans outstanding, the total of the combined payments for such a couple during any year shall not be less than $600 or the balance of all such loans, whichever is less”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–325, § 414(c)(2), (e), substituted “Special repayment rules” for “Minimum repayment rate” in heading and in text “Except as provided in subsection (a)(2)(H), the total” for “The total” and “(but in no instance less than the amount of interest due and payable)” for “, except that in the case of a husband and wife, both of whom have such loans outstanding, the total of the combined payments for such a couple during any year shall not be less than $600 or the balance of all such loans, whichever is less”.

    Enacted provision · exact public law section
    (2) in subsection (c), by striking “Minimum Repayment Rate.—The total of the payments” and inserting “Special Repayment Rules.—Except as provided in subsection (a)(2)(H), the total of the payments”.

  17. Higher Education Technical Amendments of 1993

    Pub. L. 103–208 § 2(c)(4) · 107 Stat. 2457

    Inserted · 20 U.S.C. § 1077(a)(2)(C)(i)

    Pub. L. 103–208 inserted “section” before “1078–2 or 1078–3”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C)(i). Pub. L. 103–208 inserted “section” before “1078–2 or 1078–3”.

    Enacted provision · exact public law section
    (4) in the matter following subclause (II) of section 427(a)(2)(C)(i), by inserting “section” before “428B or 428C”; 20 USC 1077.

  18. Higher Education Opportunity Act

    Pub. L. 110–315 § 432(b)(1)(A) · 122 Stat. 3078

    Substituted · 20 U.S.C. § 1077(a)(2)(G)(i)

    Pub. L. 110–315, § 432(b)(1)(A), substituted “consumer reporting agencies” for “credit bureau organizations”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(G)(i). Pub. L. 110–315, § 432(b)(1)(A), substituted “consumer reporting agencies” for “credit bureau organizations”.

    Enacted provision · exact public law section
    (A) in clause (i), by striking “credit bureau organizations” and inserting “consumer reporting agencies”; and

  19. Higher Education Opportunity Act

    Pub. L. 110–315 § 432(b)(1)(B) · 122 Stat. 3078

    Substituted · 20 U.S.C. § 1077(a)(2)(G)(ii)

    Pub. L. 110–315, § 432(b)(1)(B), substituted “consumer reporting agencies” for “organizations”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(G)(ii). Pub. L. 110–315, § 432(b)(1)(B), substituted “consumer reporting agencies” for “organizations”.

    Enacted provision · exact public law section
    (B) in clause (ii), by striking “organizations” and inserting “consumer reporting agencies”;

  20. Department of Education Appropriations Act, 2019

    Pub. L. 115–245 div. B title III § 309(b) · 132 Stat. 2981

    Added · 20 U.S.C. § 1077(a)(2)(C)(iv)

    Pub. L. 115–245 added cl. (iv)

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C)(iv). Pub. L. 115–245 added cl. (iv).

    Enacted provision · exact public law section
    (b) Section 427(a)(2)(C) of the Higher Education Act of 1965 (20 U.S.C. 1077(a)(2)(C)) is amended— (1) in clause (ii), by striking “; or” and inserting a semicolon; (2) in clause (iii), by inserting “or” after the semicolon; and (3) by inserting after clause (iii) the following: “(iv) in which the borrower is receiving treatment for cancer and the 6 months after such period.” .

    Effective date note
    Pub. L. 115–245, div. B, title III, § 309(f), Sept. 28, 2018, 132 Stat. 3106, provided that: “The amendments made by this Act [probably means “this section”, amending this section and sections 1078, 1078–8, 1087e, and 1087dd of this title] shall apply with respect to loans—

24 of 24 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 1077, Pub. L. 89–329, title IV, § 427, , 79 Stat. 1238; Pub. L. 89–794, title XI, § 1101(b)(1), , 80 Stat. 1476; Pub. L. 90–460, § 2(a)(1), , 82 Stat. 635; Pub. L. 90–575, title I, §§ 113(b)(2), 116(b)(2), 117(c), 120(c)(2), , 82 Stat. 1021, 1023, 1026, 1027; Pub. L. 92–318, title I, §§ 132B(b), 132C(c), , 86 Stat. 262, 263; Pub. L. 94–482, title I, § 127(a), , 90 Stat. 2106; Pub. L. 95–43, § 1(a)(9), (18), , 91 Stat. 213, 214; Pub. L. 95–566, § 5(a)(1), , 92 Stat. 2403; Pub. L. 96–374, title IV, §§ 413(a), (c), 415(a)(2), (b)(1), 416(a)(2), 423(a)(1), title XIII, § 1391(a)(1), , 94 Stat. 1417–1421, 1432, 1503; Pub. L. 97–35, title V, § 537(b)(1), (d)(2), (e)(1), , 95 Stat. 456, 457; Pub. L. 98–79, § 10[(a)], , 97 Stat. 484; Pub. L. 99–272, title XVI, §§ 16012(a), 16013(b), 16017(b)(1), , 100 Stat. 339, 340, 347, set out conditions for Federal loan insurance, prior to the general revision of this part by Pub. L. 99–498.

Amendments1987–2018 · 8 rounds

2018

Subsec. (a)(2)(C)(iv). Pub. L. 115–245 added cl. (iv).

2008

Subsec. (a)(2)(G)(i). Pub. L. 110–315, § 432(b)(1)(A), substituted “consumer reporting agencies” for “credit bureau organizations”.

Subsec. (a)(2)(G)(ii). Pub. L. 110–315, § 432(b)(1)(B), substituted “consumer reporting agencies” for “organizations”.

1993

Subsec. (a)(2)(C)(i). Pub. L. 103–208 inserted “section” before “1078–2 or 1078–3”.

1992

Subsec. (a)(2)(A). Pub. L. 102–325, § 414(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “is made without security and without endorsement, except that prior to making a loan insurable by the Secretary under this part a lender shall—

“(i) obtain a credit report, from at least one national credit bureau organization, with respect to a loan applicant who will be at least 21 years of age as of July 1 of the award year for which assistance is being sought, for which the lender may charge the applicant an amount not to exceed the lesser of $25 or the actual cost of obtaining the credit report; and

“(ii) require an applicant of the age specified in clause (i) who, in the judgment of the lender in accordance with the regulations of the Secretary, has an adverse credit history, to obtain a credit worthy cosigner in order to obtain the loan, provided that, for purposes of this clause, an insufficient or nonexistent credit history may not be considered to be an adverse credit history;”.

Subsec. (a)(2)(C). Pub. L. 102–325, § 414(b), amended subpar. (C) generally, revising and restating as cls. (i) to (iii) provisions formerly contained in cls. (i) to (xi).

Subsec. (a)(2)(G) to (I). Pub. L. 102–325, § 414(c)(1), struck out “and” at end of subpar. (G), added subpar. (H), and redesignated former subpar. (H) as (I).

Subsec. (a)(3). Pub. L. 102–325, § 414(d), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “the funds borrowed by a student are disbursed to the institution by check or other means that is payable to and requires the endorsement or other certification by such student, except nothing in this subchapter shall be interpreted to allow the Secretary to require checks to be made co-payable to the institution and the borrower or to prohibit the disbursement of loan proceeds by means other than by check; and”.

Subsec. (c). Pub. L. 102–325, § 414(c)(2), (e), substituted “Special repayment rules” for “Minimum repayment rate” in heading and in text “Except as provided in subsection (a)(2)(H), the total” for “The total” and “(but in no instance less than the amount of interest due and payable)” for “, except that in the case of a husband and wife, both of whom have such loans outstanding, the total of the combined payments for such a couple during any year shall not be less than $600 or the balance of all such loans, whichever is less”.

1991

Subsec. (a)(2)(A). Pub. L. 102–164, § 601(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “is made without security and without endorsement, except that if the borrower is a minor and such note or other written agreement executed by the borrower would not, under the applicable law, create a binding obligation, endorsement may be required;”.

Subsec. (d). Pub. L. 102–164, § 602(a), added subsec. (d).

1989

Subsec. (a)(2)(C)(i). Pub. L. 101–239, § 2002(a)(1), inserted before semicolon at end “, except that no borrower shall be eligible for a deferment under this clause, or a loan made under this part (other than a loan made under section 1078–2 or 1078–3 of this title), while serving in a medical internship or residency program”.

Subsec. (a)(4). Pub. L. 101–239, § 2004(b)(2), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “in the case of any loan made for any period of enrollment that ends more than 180 days (or 6 months) after the date disbursement is scheduled to occur, and for an amount of $1,000 or more, the proceeds of the loan will, subject to subsection (b) of this section, be disbursed directly by the lender in two or more installments, none of which exceeds one-half of the loan, with the second installment being disbursed after not less than one-third of such period (except as necessary to permit the second installment to be disbursed at the beginning of the second semester, quarter, or similar division of such period of enrollment).”

1988

Subsec. (a)(2)(C)(v). Pub. L. 100–369, § 7(c), 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.

Subsec. (a)(2)(C)(vii). Pub. L. 100–369, § 11(a), inserted “after ,” after “service”.

Subsec. (b)(2). Pub. L. 100–369, § 5(b)(1), substituted “section 1078–2 or 1078–3” for “section 1078–1, 1078–2, or 1078–3”.

1987

Subsec. (a)(2)(C)(vi). Pub. L. 100–50, § 10(b)(1), inserted “nonprofit” before “private”.

Subsec. (a)(2)(C)(vii). Pub. L. 100–50, § 10(b)(2), inserted “or serving in an internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital, or a health care facility that offers postgraduate training” before semicolon at end.

Subsec. (a)(4). Pub. L. 100–50, § 10(c), substituted “$1,000 or more” for “more than $1,000”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–245, div. B, title III, § 309(f), , 132 Stat. 3106, provided that:

“The amendments made by this Act [probably means “this section”, amending this section and sections 1078, 1078–8, 1087e, and 1087dd of this title] shall apply with respect to loans—

“(1)

made on or after the date of the enactment of this Act []; or

“(2)

in repayment on the date of the enactment of this Act.”

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102–325, except as otherwise provided, see section 5(a) of Pub. L. 103–208, set out as a note under section 1003 of this title.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–325 effective , except that changes made in subsec. (a)(2)(C), relating to deferments, applicable with respect to loans for which first disbursement is made on or after , to an individual who is a new borrower on date such individual applies for a loan, and except that changes made in subsec. (a)(2)(H), relating to offering graduated or income sensitive repayment options, applicable with respect to loans for which first disbursement is made on or after , to an individual who is a new borrower on date such individual applies for a loan, see section 432 of Pub. L. 102–325, set out as a note under section 1078 of this title.

Effective Date of 1989 Amendment

Pub. L. 101–239, title II, § 2002(a)(4), , 103 Stat. 2111, provided that: “The amendments made by this subsection [amending this section and sections 1078 and 1087dd of this title] shall apply to any loan made, insured, or guaranteed under part B or part E of title IV of the Higher Education Act of 1965 [20 U.S.C. 1071 et seq., 1087aa et seq.], including a loan made before the enactment of this Act [], and shall take effect on , except that such amendments shall not apply with respect to any portion of a period of deferment granted to a borrower under section 427(a)(2)(C)(i), 428(b)(1)(M)(i), or 464(c)(2)(A)(i) of the Higher Ed­ucation Act of 1965 [sections 1077(a)(2)(C)(i), 1078(b)(1)(M)(i), 1087dd(c)(2)(A)(i) of this title] for service in a medical internship or residency program that is completed prior to the effective date of this section [].”

Pub. L. 101–239, title II, § 2004(c), , 103 Stat. 2116, provided that: “The amendments made by this section [enacting section 1078–7 of this title and amending this section and section 1078 of this title] shall apply with respect to loans made to cover the cost of instruction for periods of enrollment beginning on or after .”

Effective Date of 1988 Amendment

Pub. L. 100–369, § 11(b), , 102 Stat. 838, provided that: “The amendments made by subsection (a) [amending this section and section 1078 of this title] and section 10(b) of the Higher Education Technical Amendments Act of 1987 [section 10(b) of Pub. L. 100–50, amending this section and section 1078 of this title] shall apply with respect to loans made, insured or guaranteed under part B of the Higher Education Act of 1965 [probably means part B of title IV of Pub. L. 89–329 which is classified to this part], on, before, or after the date of enactment of the Higher Education Technical Amendments Act of 1987 [].”

Amendment by section 5(b)(1) of Pub. L. 100–369 effective with respect to loans made on or after , and amendment by section 7(c) of Pub. L. 100–369 effective , see section 13(b) of Pub. L. 100–369, set out as a note under section 1091 of this title.

Effective Date of 1987 Amendment

Amendment by section 10(b) of Pub. L. 100–50 applicable with respect to loans made, insured or guaranteed under this part on, before, or after , see section 11(b) of Pub. L. 100–369, set out as an Effective Date of 1988 Amendment note above.

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

Effective Date

Section effective , except that subsec. (a)(2)(C) (other than cls. (viii), (ix), and (x) thereof) of this section shall apply only to loans to new borrowers made to cover the costs of instruction for periods of enrollment beginning on or after , or disbursed on or after , see section 402(b) of Pub. L. 99–498, set out as a note under section 1071 of this title.

Credits

1986–2018 · 9 acts
  1. 1986Pub. L. 89–329, title IV, § 427, as added Pub. L. 99–498, title IV, § 402(a), , 100 Stat. 1361
  2. 1987amended Pub. L. 100–50, § 10(b), (c), , 101 Stat. 341
  3. 1988Pub. L. 100–369, §§ 5(b)(1), 7(c), 11(a), , 102 Stat. 836–838
  4. 1989Pub. L. 101–239, title II, §§ 2002(a)(1), 2004(b)(2), , 103 Stat. 2111, 2116
  5. 1991Pub. L. 102–164, title VI, §§ 601(a), 602(a), , 105 Stat. 1065, 1066
  6. 1992Pub. L. 102–325, title IV, § 414, , 106 Stat. 513
  7. 1993Pub. L. 103–208, § 2(c)(4), , 107 Stat. 2461
  8. 2008Pub. L. 110–315, title IV, § 432(b)(1), , 122 Stat. 3246
  9. 2018Pub. L. 115–245, div. B, title III, § 309(b), , 132 Stat. 3106.
Show as published

(Pub. L. 89–329, title IV, § 427, as added Pub. L. 99–498, title IV, § 402(a), , 100 Stat. 1361; amended Pub. L. 100–50, § 10(b), (c), , 101 Stat. 341; Pub. L. 100–369, §§ 5(b)(1), 7(c), 11(a), , 102 Stat. 836–838; Pub. L. 101–239, title II, §§ 2002(a)(1), 2004(b)(2), , 103 Stat. 2111, 2116; Pub. L. 102–164, title VI, §§ 601(a), 602(a), , 105 Stat. 1065, 1066; Pub. L. 102–325, title IV, § 414, , 106 Stat. 513; Pub. L. 103–208, § 2(c)(4), , 107 Stat. 2461; Pub. L. 110–315, title IV, § 432(b)(1), , 122 Stat. 3246; Pub. L. 115–245, div. B, title III, § 309(b), , 132 Stat. 3106.)

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