Title 20 — Education
Part G · Chapter 28 — Higher Education Resources and Student Assistance
§ 1098e. Income-based repayment
Statutory text
Definitions
In this section:
Excepted PLUS loan
The term “excepted PLUS loan” means a loan under section 1078–2 of this title, or a Federal Direct PLUS Loan, that is made, insured, or guaranteed on behalf of a dependent student.
Excepted consolidation loan
In general
The term “excepted consolidation loan” means—
a consolidation loan under section 1078–3 of this title, or a Federal Direct Consolidation Loan, if the proceeds of such loan were used to discharge the liability on an excepted PLUS loan; or
a consolidation loan under section 1078–3 of this title, or a Federal Direct Consolidation Loan, if the proceeds of such loan were used to discharge the liability on a consolidation loan under section 1078–3 of this title, or a Federal Direct Consolidation Loan described in clause (i).
Exclusion
The term “excepted consolidation loan” does not include a Federal Direct Consolidation Loan described in subparagraph (A) that, on any date during the period beginning on , and ending on , was being repaid—
pursuant to the Income Contingent Repayment (ICR) plan in accordance with section 685.209(b) of title 34, Code of Federal Regulations (as in effect on ); or
pursuant to another income driven repayment plan.
Applicable amount
The term “applicable amount” means 15 percent of the result obtained by calculating, on at least an annual basis, the amount by which—
the borrower’s, and the borrower’s spouse’s (if applicable), adjusted gross income; exceeds
150 percent of the poverty line applicable to the borrower’s family size as determined under section 9902(2) of title 42.
Income-based repayment program authorized
Notwithstanding any other provision of this chapter, the Secretary shall carry out a program under which—
a borrower of any loan made, insured, or guaranteed under part B or D (other than an excepted PLUS loan or excepted consolidation loan), may elect to have the borrower’s aggregate monthly payment for all such loans not exceed the applicable amount divided by 12;
the holder of such a loan shall apply the borrower’s monthly payment under this subsection first toward interest due on the loan, next toward any fees due on the loan, and then toward the principal of the loan;
any interest due and not paid under paragraph (2)—
shall, on subsidized loans, be paid by the Secretary for a period of not more than 3 years after the date of the borrower’s election under paragraph (1), except that such period shall not include any period during which the borrower is in deferment due to an economic hardship described in section 1085(o) of this title; and
be capitalized—
in the case of a subsidized loan, subject to subparagraph (A), at the time the borrower—
ends the election to make income-based repayment under this subsection; or
begins making payments of not less than the amount specified in paragraph (6)(A); or
in the case of an unsubsidized loan, at the time the borrower—
ends the election to make income-based repayment under this subsection; or
begins making payments of not less than the amount specified in paragraph (6)(A);
any principal due and not paid under paragraph (2) shall be deferred;
the amount of time the borrower makes monthly payments under paragraph (1) may exceed 10 years;
if the monthly payment amount calculated under this section for all loans made to the borrower under part B or D (other than an excepted PLUS loan or excepted consolidation loan) exceeds the monthly amount calculated under section 1078(b)(9)(A)(i) of this title or 1087e(d)(1)(A) of this title, based on a 10-year repayment period, when the borrower first made the election described in this subsection (referred to in this paragraph as the “standard monthly repayment amount”), or if the borrower no longer wishes to continue the election under this subsection, then—
the maximum monthly payment required to be paid for all loans made to the borrower under part B or D (other than an excepted PLUS loan or excepted consolidation loan) shall be the standard monthly repayment amount; and
the amount of time the borrower is permitted to repay such loans may exceed 10 years;
the Secretary shall repay or cancel any outstanding balance of principal and interest due on all loans made under part B or D (other than a loan under section 1078–2 of this title or a Federal Direct PLUS Loan) to a borrower who—
at any time, elected to participate in income-based repayment under paragraph (1); and
for a period of time prescribed by the Secretary, not to exceed 25 years, meets 1 or more of the following requirements—
has made reduced monthly payments under paragraph (1) or paragraph (6);
has made monthly payments of not less than the monthly amount calculated under section 1078(b)(9)(A)(i) or 1087e(d)(1)(A) of this title, based on a 10-year repayment period, when the borrower first made the election described in this subsection;
has made payments of not less than the payments required under a standard repayment plan under section 1078(b)(9)(A)(i) or 1087e(d)(1)(A) of this title with a repayment period of 10 years;
has made payments under an income-contingent repayment plan under section 1087e(d)(1)(D) of this title (as such section was in effect on the day before the date of the repeal of section 1087e(e) of this title; or
has been in deferment due to an economic hardship described in section 1085(o) of this title;
a borrower who is repaying a loan made under part B or D pursuant to income-based repayment may elect, at any time, to terminate repayment pursuant to income-based repayment and repay such loan under the standard repayment plan or the Repayment Assistance Program under section 1087e(q) of this title; and
the special allowance payment to a lender calculated under section 1087–1(b)(2)(I) of this title, when calculated for a loan in repayment under this section, shall be calculated on the principal balance of the loan and on any accrued interest unpaid by the borrower in accordance with this section.
Eligibility determinations; automatic recertification
In general
The Secretary shall establish procedures for annually determining, in accordance with paragraph (2), the borrower’s eligibility for income-based repayment, including the verification of a borrower’s annual income and the annual amount due on the total amount of loans made, insured, or guaranteed under part B or D (other than an excepted PLUS loan or excepted consolidation loan), and such other procedures as are necessary to effectively implement income-based repayment under this section. The Secretary shall consider, but is not limited to, the procedures established in accordance with section 1087e(e)(1) of this title (as in effect on the day before the date of repeal of subsection (e) of section 1087e of this title) or in connection with income sensitive repayment schedules under section 1078(b)(9)(A)(iii) of this title or 1078–3(b)(1)(E) of this title.
Automatic recertification
In general
The Secretary shall establish and implement, with respect to any borrower enrolled in an income-based repayment program under this section or under section 1087e(q) of this title, procedures to—
use return information disclosed under section 6103(l)(13) of title 26, pursuant to approval provided under section 1098h of this title, to determine the repayment obligation of the borrower without further action by the borrower;
allow the borrower (or the spouse of the borrower), at any time, to opt out of disclosure under such section 6103(l)(13) and instead provide such information as the Secretary may require to determine the repayment obligation of the borrower (or withdraw from the repayment plan under this section or under section 1087e(q) of this title, as the case may be); and
provide the borrower with an opportunity to update the return information so disclosed before the determination of the repayment obligation of the borrower.
Applicability
Subparagraph (A) shall apply to each borrower of a loan eligible to be repaid under this section or under section 1087e(q) of this title, who, on or after the date on which the Secretary establishes procedures under such subparagraph (A)—
selects, or is required to repay such loan pursuant to, an income-based repayment plan under this section or under section 1087e(q) of this title; or
recertifies income or family size under such plan.
Special rule for married borrowers filing separately
In the case of a married borrower who files a separate Federal income tax return, the Secretary shall calculate the amount of the borrower’s income-based repayment under this section solely on the basis of the borrower’s student loan debt and adjusted gross income.
Special terms for new borrowers on and after and before
With respect to any loan made to a new borrower on or after and before —
subsection (a)(3)(B) shall be applied by substituting “10 percent” for “15 percent”; and
subsection (b)(7)(B) shall be applied by substituting “20 years” for “25 years”.
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 § 493C · 79 Stat. 1219
Enacted · 20 U.S.C. § 1098e
Pub. L. 89–329, title IV, § 493C, as added Pub. L. 110–84, title II, § 203(a), Sept. 27, 2007, 121 Stat. 792
Source evidence
Code source credit
Pub. L. 89–329, title IV, § 493C, as added Pub. L. 110–84, title II, § 203(a), Sept. 27, 2007, 121 Stat. 792Pub. L. 110–153 § 2 · 121 Stat. 1824
Added · 20 U.S.C. § 1098e(d)
Pub. L. 110–153 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 110–153 added subsec. (d).Enacted provision · exact public law section
SEC. 2. INCOME-BASED REPAYMENT FOR MARRIED BORROWERS FILING SEPARATELY. Section 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) is amended by adding at the end the following: “(d) Special Rule for Married Borrowers Filing Separately.— In the case of a married borrower who files a separate Federal income tax return, the Secretary shall calculate the amount of the borrower’s income-based repayment under this section solely on the basis of the borrower’s student loan debt and adjusted gross income.” .Higher Education Opportunity Act
Pub. L. 110–315 title IV § 494F · 122 Stat. 3078
Substituted · 20 U.S.C. § 1098e(b)(1)
Pub. L. 110–315 substituted “or had been in default” for “or is already in default”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 110–315 substituted “or had been in default” for “or is already in default”.Enacted provision · exact public law section
SEC. 494F. TECHNICAL AMENDMENT OF INCOME-BASED REPAYMENT. Section 493C(b)(1) (20 U.S.C. 1098e(b)(1)) is amended by striking “or is already in default” and inserting “or had been in default”.SAFRA Act
Pub. L. 111–152 title II § 2213 · 124 Stat.1029
Added · 20 U.S.C. § 1098e(e)
Pub. L. 111–152 added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 111–152 added subsec. (e).Enacted provision · exact public law section
SEC. 2213. INCOME-BASED REPAYMENT. Section 493C (20 U.S.C. 1098e) is amended by adding at the end the following new subsection: “(e) Special Terms for New Borrowers on and After July 1, 2014.— Effective date. With respect to any loan made to a new borrower on or after July 1, 2014— “(1) subsection (a)(3)(B) shall be applied by substituting ‘10 percent’ for ‘15 percent’; and “(2) subsection (b)(7)(B) shall be applied by substituting ‘20 years’ for ‘25 years’.” .Fostering Undergraduate Talent by Unlocking Resources for Education Act
Pub. L. 116–91 § 4(b)(1) · 133 Stat. 1189
Amended · 20 U.S.C. § 1098e(c)(1)
Pub. L. 116–91, § 4(b)(1), designated first sentence of existing provisions as par. (1)
Inserted · 20 U.S.C. § 1098e(c)(1)
Pub. L. 116–91, § 4(b)(1), inserted heading
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 116–91, § 4(b)(1), designated first sentence of existing provisions as par. (1) and inserted heading.Enacted provision · exact public law section
(1) by striking “The Secretary shall establish” and inserting the following: “(1) In general.— The Secretary shall establish” ; andFostering Undergraduate Talent by Unlocking Resources for Education Act
Pub. L. 116–91 § 4(b)(2) · 133 Stat. 1189
Amended · 20 U.S.C. § 1098e(c)(2)
Pub. L. 116–91, § 4(b)(2), (3), designated second sentence of existing provisions as par. (2)
Inserted · 20 U.S.C. § 1098e(c)(2)
Pub. L. 116–91, § 4(b)(2), (3), inserted heading
Substituted · 20 U.S.C. § 1098e(c)(2)
Pub. L. 116–91, § 4(b)(2), (3), substituted “The Secretary shall—” for “The Secretary shall”
Inserted · 20 U.S.C. § 1098e(c)(2)
Pub. L. 116–91, § 4(b)(2), (3), inserted subpar. (A) designation before “consider,”
Substituted · 20 U.S.C. § 1098e(c)(2)
Pub. L. 116–91, § 4(b)(2), (3), substituted “; and” for period at end of subpar. (A)
Added · 20 U.S.C. § 1098e(c)(2)
Pub. L. 116–91, § 4(b)(2), (3), added subpar. (B)
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 116–91, § 4(b)(2), (3), designated second sentence of existing provisions as par. (2) and inserted heading, substituted “The Secretary shall—” for “The Secretary shall”, inserted subpar. (A) designation before “consider,”, substituted “; and” for period at end of subpar. (A), and added subpar. (B).Enacted provision · exact public law section
(2) by striking “The Secretary shall consider” and inserting the following: “(2) Procedures for eligibility.— The Secretary shall— “(A) consider” ;Pub. L. 119–21 § 82001(f)(1)(A) · 139 Stat. 345
Amended · 20 U.S.C. § 1098e(a)(2)
Pub. L. 119–21, § 82001(f)(1)(A), amended par. (2) generally. Prior to amendment, text read as follows: “The term ‘excepted consolidation loan’ means a consolidation loan under section 1078–3 of this title, or a Federal Direct Consolidation Loan, if the proceeds of such loan were used to the discharge the liability on an excepted PLUS loan.”
Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 119–21, § 82001(f)(1)(A), amended par. (2) generally. Prior to amendment, text read as follows: “The term ‘excepted consolidation loan’ means a consolidation loan under section 1078–3 of this title, or a Federal Direct Consolidation Loan, if the proceeds of such loan were used to the discharge the liability on an excepted PLUS loan.”Effective date note
Pub. L. 119–21, title VIII, § 82001(f)(2), July 4, 2025, 139 Stat. 347, provided that: “The amendments made by this subsection [amending this section] shall take effect on the date of enactment of this title [July 4, 2025], and shall apply with respect to any borrower who is in repayment before, on, or after the date of enactment of this title.”Pub. L. 119–21 § 82001(f)(1)(B) · 139 Stat. 345
Amended · 20 U.S.C. § 1098e(a)(3)
Pub. L. 119–21, § 82001(f)(1)(B), amended par. (3) generally. Prior to amendment, par. (3) defined “partial financial hardship” with respect to a borrower
Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 119–21, § 82001(f)(1)(B), amended par. (3) generally. Prior to amendment, par. (3) defined “partial financial hardship” with respect to a borrower.Effective date note
Pub. L. 119–21, title VIII, § 82001(f)(2), July 4, 2025, 139 Stat. 347, provided that: “The amendments made by this subsection [amending this section] shall take effect on the date of enactment of this title [July 4, 2025], and shall apply with respect to any borrower who is in repayment before, on, or after the date of enactment of this title.”Pub. L. 119–21 § 82001(f)(1)(C)(i) · 139 Stat. 345
Amended · 20 U.S.C. § 1098e(b)(1)
Pub. L. 119–21, § 82001(f)(1)(C)(i), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “a borrower of any loan made, insured, or guaranteed under part B or D (other than an excepted PLUS loan or excepted consolidation loan) who has a partial financial hardship (whether or not the borrower’s loan has been submitted to a guaranty agency for default aversion or had been in default) may elect, during any period the borrower has the partial financial hardship, to have the borrower’s aggregate monthly payment for all such loans not exceed the result described in subsection (a)(3)(B) divided by 12;”
Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 119–21, § 82001(f)(1)(C)(i), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “a borrower of any loan made, insured, or guaranteed under part B or D (other than an excepted PLUS loan or excepted consolidation loan) who has a partial financial hardship (whether or not the borrower’s loan has been submitted to a guaranty agency for default aversion or had been in default) may elect, during any period the borrower has the partial financial hardship, to have the borrower’s aggregate monthly payment for all such loans not exceed the result described in subsection (a)(3)(B) divided by 12;”.Effective date note
Pub. L. 119–21, title VIII, § 82001(f)(2), July 4, 2025, 139 Stat. 347, provided that: “The amendments made by this subsection [amending this section] shall take effect on the date of enactment of this title [July 4, 2025], and shall apply with respect to any borrower who is in repayment before, on, or after the date of enactment of this title.”Pub. L. 119–21 § 82001(f)(1)(C)(ii) · 139 Stat. 345
Added · 20 U.S.C. § 1098e(b)(6)
Pub. L. 119–21, § 82001(f)(1)(C)(ii), added par. (6)
Struck · 20 U.S.C. § 1098e(b)(6)
Pub. L. 119–21, § 82001(f)(1)(C)(ii), struck out former par. (6) which related to a borrower who no longer has a partial financial hardship or no longer wishes to continue the election under the income-based repayment program
Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(6). Pub. L. 119–21, § 82001(f)(1)(C)(ii), added par. (6) and struck out former par. (6) which related to a borrower who no longer has a partial financial hardship or no longer wishes to continue the election under the income-based repayment program.Effective date note
Pub. L. 119–21, title VIII, § 82001(f)(2), July 4, 2025, 139 Stat. 347, provided that: “The amendments made by this subsection [amending this section] shall take effect on the date of enactment of this title [July 4, 2025], and shall apply with respect to any borrower who is in repayment before, on, or after the date of enactment of this title.”Pub. L. 119–21 § 82001(f)(1)(C)(iii) · 139 Stat. 345
Repealed · 20 U.S.C. § 1098e(b)(7)(B)(iv)
Pub. L. 119–21, § 82001(f)(1)(C)(iii), inserted “(as such section was in effect on the day before the date of the repeal of section 1087e(e) of this title” after “section 1087e(d)(1)(D) of this title”
Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(7)(B)(iv). Pub. L. 119–21, § 82001(f)(1)(C)(iii), inserted “(as such section was in effect on the day before the date of the repeal of section 1087e(e) of this title” after “section 1087e(d)(1)(D) of this title”.Effective date note
Pub. L. 119–21, title VIII, § 82001(f)(2), July 4, 2025, 139 Stat. 347, provided that: “The amendments made by this subsection [amending this section] shall take effect on the date of enactment of this title [July 4, 2025], and shall apply with respect to any borrower who is in repayment before, on, or after the date of enactment of this title.”Pub. L. 119–21 § 82001(f)(1)(C)(iv) · 139 Stat. 345
Inserted · 20 U.S.C. § 1098e(b)(8)
Pub. L. 119–21, § 82001(f)(1)(C)(iv), inserted “or the Repayment Assistance Program under section 1087e(q) of this title” after “standard repayment plan”
Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(8). Pub. L. 119–21, § 82001(f)(1)(C)(iv), inserted “or the Repayment Assistance Program under section 1087e(q) of this title” after “standard repayment plan”.Effective date note
Pub. L. 119–21, title VIII, § 82001(f)(2), July 4, 2025, 139 Stat. 347, provided that: “The amendments made by this subsection [amending this section] shall take effect on the date of enactment of this title [July 4, 2025], and shall apply with respect to any borrower who is in repayment before, on, or after the date of enactment of this title.”Pub. L. 119–21 § 82001(f)(1)(D) · 139 Stat. 345
Amended · 20 U.S.C. § 1098e(c)
Pub. L. 119–21, § 82001(f)(1)(D), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to eligibility determinations for income-based repayment
Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c). Pub. L. 119–21, § 82001(f)(1)(D), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to eligibility determinations for income-based repayment.Effective date note
Pub. L. 119–21, title VIII, § 82001(f)(2), July 4, 2025, 139 Stat. 347, provided that: “The amendments made by this subsection [amending this section] shall take effect on the date of enactment of this title [July 4, 2025], and shall apply with respect to any borrower who is in repayment before, on, or after the date of enactment of this title.”Pub. L. 119–21 § 82001(f)(1)(E)(ii) · 139 Stat. 345
Inserted · 20 U.S.C. § 1098e(e)
Pub. L. 119–21, § 82001(f)(1)(E)(ii), inserted “and before July 1, 2026” after “after July 1, 2014” in introductory provisions
Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (e). Pub. L. 119–21, § 82001(f)(1)(E)(ii), inserted “and before July 1, 2026” after “after July 1, 2014” in introductory provisions.Effective date note
Pub. L. 119–21, title VIII, § 82001(f)(2), July 4, 2025, 139 Stat. 347, provided that: “The amendments made by this subsection [amending this section] shall take effect on the date of enactment of this title [July 4, 2025], and shall apply with respect to any borrower who is in repayment before, on, or after the date of enactment of this title.”Pub. L. 119–21 § 82001(f)(1)(E)(i) · 139 Stat. 345
Inserted · 20 U.S.C. § 1098e(e)
Pub. L. 119–21, § 82001(f)(1)(E)(i), inserted “and before July 1, 2026” after “after July 1, 2014” in heading
Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 119–21, § 82001(f)(1)(E)(i), inserted “and before July 1, 2026” after “after July 1, 2014” in heading.Effective date note
Pub. L. 119–21, title VIII, § 82001(f)(2), July 4, 2025, 139 Stat. 347, provided that: “The amendments made by this subsection [amending this section] shall take effect on the date of enactment of this title [July 4, 2025], and shall apply with respect to any borrower who is in repayment before, on, or after the date of enactment of this title.”
11 of 22 references resolved to an enrolled provision · 1 partial · 10 unresolved
Editorial Notes
References in Text
The date of the repeal of section 1087e(e) of this title, referred to in subsec. (b)(7)(B)(iv), is . See section 82001(c)(3) of Pub. L. 119–21, set out as an Effective Date of 2025 Amendment note under section 1078 of this title.
Amendments2007–2025 · 5 rounds
2025
Subsec. (a)(2). Pub. L. 119–21, § 82001(f)(1)(A), amended par. (2) generally. Prior to amendment, text read as follows: “The term ‘excepted consolidation loan’ means a consolidation loan under section 1078–3 of this title, or a Federal Direct Consolidation Loan, if the proceeds of such loan were used to the discharge the liability on an excepted PLUS loan.”
Subsec. (a)(3). Pub. L. 119–21, § 82001(f)(1)(B), amended par. (3) generally. Prior to amendment, par. (3) defined “partial financial hardship” with respect to a borrower.
Subsec. (b)(1). Pub. L. 119–21, § 82001(f)(1)(C)(i), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “a borrower of any loan made, insured, or guaranteed under part B or D (other than an excepted PLUS loan or excepted consolidation loan) who has a partial financial hardship (whether or not the borrower’s loan has been submitted to a guaranty agency for default aversion or had been in default) may elect, during any period the borrower has the partial financial hardship, to have the borrower’s aggregate monthly payment for all such loans not exceed the result described in subsection (a)(3)(B) divided by 12;”.
Subsec. (b)(6). Pub. L. 119–21, § 82001(f)(1)(C)(ii), added par. (6) and struck out former par. (6) which related to a borrower who no longer has a partial financial hardship or no longer wishes to continue the election under the income-based repayment program.
Subsec. (b)(7)(B)(iv). Pub. L. 119–21, § 82001(f)(1)(C)(iii), inserted “(as such section was in effect on the day before the date of the repeal of section 1087e(e) of this title” after “section 1087e(d)(1)(D) of this title”.
Subsec. (b)(8). Pub. L. 119–21, § 82001(f)(1)(C)(iv), inserted “or the Repayment Assistance Program under section 1087e(q) of this title” after “standard repayment plan”.
Subsec. (c). Pub. L. 119–21, § 82001(f)(1)(D), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to eligibility determinations for income-based repayment.
Subsec. (e). Pub. L. 119–21, § 82001(f)(1)(E)(ii), inserted “and before ” after “after ” in introductory provisions.
Pub. L. 119–21, § 82001(f)(1)(E)(i), inserted “and before ” after “after ” in heading.
2019
Subsec. (c)(1). Pub. L. 116–91, § 4(b)(1), designated first sentence of existing provisions as par. (1) and inserted heading.
Subsec. (c)(2). Pub. L. 116–91, § 4(b)(2), (3), designated second sentence of existing provisions as par. (2) and inserted heading, substituted “The Secretary shall—” for “The Secretary shall”, inserted subpar. (A) designation before “consider,”, substituted “; and” for period at end of subpar. (A), and added subpar. (B).
2010
Subsec. (e). Pub. L. 111–152 added subsec. (e).
2008
Subsec. (b)(1). Pub. L. 110–315 substituted “or had been in default” for “or is already in default”.
2007
Subsec. (d). Pub. L. 110–153 added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Pub. L. 119–21, title VIII, § 82001(f)(2), , 139 Stat. 347, provided that: “The amendments made by this subsection [amending this section] shall take effect on the date of enactment of this title [], and shall apply with respect to any borrower who is in repayment before, on, or after the date of enactment of this title.”
Effective Date
Section effective , see section 203(c)(1) of Pub. L. 110–84, set out in an Effective Date of 2007 Amendment note under section 1078–3 of this title.
Credits
2007–2025 · 6 acts
- 2007Pub. L. 89–329, title IV, § 493C, as added Pub. L. 110–84, title II, § 203(a), , 121 Stat. 792
- 2007amended Pub. L. 110–153, § 2, , 121 Stat. 1824
- 2008Pub. L. 110–315, title IV, § 494F, , 122 Stat. 3324
- 2010Pub. L. 111–152, title II, § 2213, , 124 Stat. 1081
- 2019Pub. L. 116–91, § 4(b), , 133 Stat. 1193
- 2025Pub. L. 119–21, title VIII, § 82001(f)(1), , 139 Stat. 345.
Show as published
(Pub. L. 89–329, title IV, § 493C, as added Pub. L. 110–84, title II, § 203(a), , 121 Stat. 792; amended Pub. L. 110–153, § 2, , 121 Stat. 1824; Pub. L. 110–315, title IV, § 494F, , 122 Stat. 3324; Pub. L. 111–152, title II, § 2213, , 124 Stat. 1081; Pub. L. 116–91, § 4(b), , 133 Stat. 1193; Pub. L. 119–21, title VIII, § 82001(f)(1), , 139 Stat. 345.)