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20 U.S.C. § 1092a — Combined payment plan

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1092a — Combined payment plan

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Source location: Title 20, Chapter 28, § 1092a; chapter-028-higher-education-resources-and-student-assistance.md

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**(a) Eligibility for plan** Upon the request of the borrower, a lender described in subparagraph (A), (B), or (C) of [section 1078–3(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078–3/a/1&num=0&edition=prelim), or an eligible lender as defined in section 719 of the Public Health Service Act ([42 U.S.C. 292](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section292&num=0&edition=prelim)o) may, with respect to a consolidation loan made under [section 1078–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078-3&num=0&edition=prelim) (and section 1087–2(o) of this title as in effect prior to the enactment of [section 1078–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078-3&num=0&edition=prelim)) and loans guaranteed under part A of title VII of the Public Health Service Act ([42 U.S.C. 292](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section292&num=0&edition=prelim) et seq.), offer a combined payment plan under which the lender shall submit one bill to the borrower for the repayment of all such loans for the monthly or other similar period of repayment. **(b) Applicability of other requirements** A lender offering a combined payment plan shall comply with all provisions of [section 1078–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078-3&num=0&edition=prelim) applicable to loans consolidated or to be consolidated and shall comply with all provisions of part A of title VII of the Public Health Service Act ([42 U.S.C. 292](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section292&num=0&edition=prelim) et seq.) applicable to loans under that subpart which are made part of the combined payment plan, except that a lender offering a combined payment plan under this section may offer consolidation loans pursuant to [section 1078–3(b)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078–3/b/1/A&num=0&edition=prelim) if such lender holds any outstanding loan of a borrower which is selected for inclusion in a combined payment plan. **(c) Lender eligibility** Such lender may offer a combined payment plan only if— (1) the lender holds an outstanding loan of that borrower which is selected by the borrower for incorporation into a combined payment plan pursuant to this section (including loans which are selected by the borrower for consolidation under this section); or (2) the borrower certifies that the borrower has sought and has been unable to obtain a combined payment plan from the holders of the outstanding loans of that borrower. **(d) Borrower selection of competing offers** In the case of multiple offers by lenders to administer a combined payment plan for a borrower, the borrower shall select from among them the lender to administer the combined payment plan including its loan consolidation component. **(e) Effect of plan** Upon selection of a lender to administer the combined payment plan, the lender may reissue any loan under part A of title VII of the Public Health Service Act ([42 U.S.C. 292](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section292&num=0&edition=prelim) et seq.) selected by the borrower for incorporation in the combined payment plan which is not held by such lender and the proceeds of such reissued loan shall be paid by the lender to the holder or holders of the loans so selected to discharge the liability on such loans, if— (1) the lender selected to administer the combined payment plan has determined to its satisfaction, in accordance with reasonable and prudent business practices, for each loan being reissued (A) that the loan is a legal, valid, and binding obligation of the borrower; (B) that each such loan was made and serviced in compliance with applicable laws and regulations; and (C) the insurance on such loan is in full force and effect; and (2) the loan being reissued was not in default (as defined in section 707(e)(3) of the Public Health Service Act [[42 U.S.C. 292f(e)(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section292f/e/3&num=0&edition=prelim)]) at the time the request for a combined payment plan is made. **(f) Notes and insurance certificates** (1) Each loan reissued under subsection (e) shall be evidenced by a note executed by the borrower. The Secretary of Health and Human Services shall insure such loan under a certificate of comprehensive insurance with no insurance limit, but any such certificate shall only be issued to an authorized holder of loans insured under part A of title VII of the Public Health Service Act ([42 U.S.C. 292](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section292&num=0&edition=prelim) et seq.) (including the Student Loan Marketing Association). Such certificates shall provide that all loans reissued under this section shall be fully insured against loss of principal and interest. Any insurance issued with respect to loans reissued under this section shall be excluded from the limitation on maximum insurance authority set forth in section 710 of the Public Health Service Act [[42 U.S.C. 292i](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section292i&num=0&edition=prelim)]. Notwithstanding the provisions of section 729(a) 11 See References in Text note below. of the Public Health Service Act, the reissued loan shall be made in an amount, including outstanding principal, capitalized interest, accrued unpaid interest not yet capitalized, and authorized late charges. The proceeds of each such loan will be paid by the lender to the holder of the original loan being reissued and the borrower’s obligation to that holder on that loan shall be discharged. (2) Except as otherwise specifically provided for under the provisions of this section, the terms of any reissued loan shall be the same as the terms of the original loan. The maximum repayment period for a loan reissued under this section shall not exceed the remainder of the period which would have been permitted on the original loan. If the lender holds more than one loan insured under part A of title VII of the Public Health Service Act ([42 U.S.C. 292](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section292&num=0&edition=prelim) et seq.), the maximum repayment period for all such loans may extend to the latest date permitted for any individual loan. Any reissued loan may be consolidated with any other Health Education Assistance Loan as provided in the Public Health Service Act [[42 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section201&num=0&edition=prelim) et seq.], and, with the concurrence of the borrower, repayment of any such loans during any period may be made in amounts that are less than the interest that accrues on such loans during that period. **(g) Termination of borrower eligibility** The status of an individual as an eligible combined payment plan borrower terminates upon receipt of a combined payment plan. **(h) Fees and premiums** No origination fee or insurance premium shall be charged to the borrower on any combined payment plan, and no origination fee or insurance premium shall be payable by the lender to the Secretary of Health and Human Services. **(i) Commencement of repayment** Repayment of a combined payment plan shall commence within 60 days after the later of the date of acceptance of the lender’s offer to administer a combined payment plan, the making of the consolidation loan or the reissuance of any Health Education Assistance Loans pursuant to subsection (e).

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1001 — General definition of institution of higher education

**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim); (2) is legally authorized within such State to provide a program of education beyond secondary education; (3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. **(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes— (1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 201 — Funding

Beginning with fiscal year 2010, the Secretary shall transfer from the Public Health and Social Services Emergency Fund such sums as may be necessary to carry out this part.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 292i — Insurance account

**(a) In general** (1) **Establishment** — There is hereby established a student loan insurance account (in this section referred to as the “Account”) which shall be available without fiscal year limitation to the Secretary for making payments in connection with the collection and default of loans insured under this subpart by the Secretary. (2) **Funding** (A) Except as provided in subparagraph (B), all amounts received by the Secretary as premium charges for insurance and as receipts, earnings, or proceeds derived from any claim or other assets acquired by the Secretary in connection with his operations under this subpart, and any other moneys, property, or assets derived by the Secretary from the operations of the Secretary in connection with this section, shall be deposited in the Account. (B) With respect to amounts described in subparagraph (A) that are received by the Secretary for fiscal year 1993 and subsequent fiscal years, the Secretary may, before depositing such amounts in the Account, reserve from the amounts each such fiscal year not more than $1,000,000 for obligation under [section 292h(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section292h/d&num=0&edition=prelim). (3) **Expenditures** — All payments in connection with the default of loans insured by the Secretary under this subpart shall be paid from the Account. **(b) Contingent authority for issuance of notes or other obligations** If at any time the moneys in the Account are insufficient to make payments in connection with the collection or default of any loan insured by the Secretary under this subpart, the Secretary of the Treasury may lend the Account such amounts as may be necessary to make the payments involved, subject to the Federal Credit

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42 U.S.C. § 292 — Statement of purpose

The purpose of this subpart is to enable the Secretary to provide a Federal program of student loan insurance for students in (and certain former students of) eligible institutions (as defined in section 292o of this title).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 294b — Continuing educational support for health professionals serving in rural and underserved communities

**(a) In general** The Secretary, as appropriate, shall make grants to, and enter into contracts with, eligible entities to support access to accredited continuing medical education for primary care physicians and health care providers at community health centers or rural health clinics to improve and increase access to care for patients in rural and medically underserved areas. Such grants or contracts may be used to improve health care, increase retention, increase representation of minority health care providers, enhance the practice environment, increase primary care physician and health care provider knowledge, and provide information dissemination and educational support to reduce professional isolation through the timely dissemination of research findings using relevant resources. **(b) Eligible entities** For purposes of this section, the term “eligible entity” means an entity described in section 295o–1(b) of this title, such as a community health center or rural health clinic. **(c) Application** An eligible entity desiring to receive an award under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (1) a description of how participation in activities funded under this section will help improve access to, and quality of, health care services and training needs of primary care physicians and health care providers; and (2) a plan for providing peer-to-peer training, as appropriate. **(d) Use of funds** (1) **In general** — An eligible entity shall use amounts awarded under a grant or contract under this section to provide innovative supportive activities to enhance education for primary care physicians and health care providers described in subsect

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20 U.S.C. § 1092a — Combined payment plan

Page 689 TITLE 20—EDUCATION § 1092a apply prepayments to loans with the highest interest rate to ensure consistency across servicers, unless oth- erwise instructed by borrowers. (b) Regular Review of Student Loan Performance and Borrower Trends. The Director of the Office of Manage- ment and Budget and the Secretary of Education shall convene quarterly an interagency task force consisting of the Department of the Treasury, Department of Edu- cation, Office of Management and Budget, and Domes- tic Policy Council to monitor trends in the student loan portfolio, budget costs, and borrower assistance ef- forts. No later than August 1, 2015, the task force shall review recommendations for the Department of Edu- cation from its members and the Consumer Financial Protection Bureau on best practices in performance- based contracting to better ensure that servicers help borrowers responsibly make affordable monthly pay- ments on their student loans. (c) Additional Protections for Student Loan Borrowers. By October 1, 2015, the Secretary of Education, in con- sultation with the Secretary of the Treasury and the Director of the Consumer Financial Protection Bureau, shall issue a report to the President, through the Direc- tor of the Domestic Policy Council and the Director of the Office of Management and Budget, on (i) whether statutory or regulatory changes are needed to current provisions that permit the Secretary of Education to specify acts or omissions at institutions of higher edu- cation that borrowers may assert as a defense to repay- ment of a direct loan; and (ii) after assessing the poten- tial applicability of consumer protections in the mort- gage and credit card markets to student loans, rec- ommendations for statutory or regulatory changes in this

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 292 — Statement of purpose

Page 988 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 292 (2) the costs to the facility of providing health services in the facility and the charges made by the facility for providing such serv- ices, during the period with respect to which the statement is filed. (July 1, 1944, ch. 373, title VI, § 646, as added Pub. L. 91–296, title I, § 121, June 30, 1970, 84 Stat. 343.) Editorial Notes PRIOR PROVISIONS Sections 291p to 291z were omitted in the general amendment of this subchapter by Pub. L. 88–443, Aug. 18, 1964, 78 Stat. 447. Section 291p, act July 1, 1944, ch. 373, title VI, § 646, as added July 12, 1954, ch. 471, § 2, 68 Stat. 461, related to appropriations to States for carrying out purposes of section 291o(a) of this title. Section 291q, act July 1, 1944, ch. 373, title VI, § 647, as added July 12, 1954, ch. 471, § 2, 68 Stat. 461, related to State application for funds for carrying out purposes of section 291o(a) of this title. Section 291r, act July 1, 1944, ch. 373, title VI, § 648, as added July 12, 1954, ch. 471, § 2, 68 Stat. 462, related to allotments to States of appropriations made pursuant to section 291p of this title. Section 291s, act July 1, 1944, ch. 373, title VI, § 651, as added July 12, 1954, ch. 471, § 3, 68 Stat. 462; amended Aug. 2, 1956, ch. 871, title IV, § 402, 70 Stat. 929; Aug. 14, 1958, Pub. L. 85–664, § 1(b), 72 Stat. 616; Oct. 5, 1961, Pub. L. 87–395, § 3(a), 75 Stat. 825, related to appropriations for assistance to States in carrying out purposes of sec- tion 291o(b) of this title. Section 291t, act July 1, 1944, ch. 373, title VI, 652, as added July 12, 1954, ch. 471, § 3, 68 Stat. 462; amended Aug. 1, 1956, ch. 852, § 19(c), 70 Stat. 911; Oct. 5, 1961, Pub. L. 87–395, § 3(b), 75 Stat. 825; Sept. 25, 196

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 292f — Default of borrower

**(a) Conditions for payment to beneficiary** (1) **In general** — Upon default by the borrower on any loan covered by Federal loan insurance pursuant to this subpart, and after a substantial collection effort (including, subject to subsection (h), commencement and prosecution of an action) as determined under regulations of the Secretary, the insurance beneficiary shall promptly notify the Secretary and the Secretary shall, if requested (at that time or after further collection efforts) by the beneficiary, or may on his own motion, if the insurance is still in effect, pay to the beneficiary the amount of the loss sustained by the insured upon that loan as soon as that amount has been determined, except that, if the insurance beneficiary including any servicer of the loan is not designated for “exceptional performance”, as set forth in paragraph (2), the Secretary shall pay to the beneficiary a sum equal to 98 percent of the amount of the loss sustained by the insured upon that loan. (2) **Exceptional performance** (A) *Authority* — Where the Secretary determines that an eligible lender, holder, or servicer has a compliance performance rating that equals or exceeds 97 percent, the Secretary shall designate that eligible lender, holder, or servicer, as the case may be, for exceptional performance. (B) *Compliance performance rating* — For purposes of subparagraph (A), a compliance performance rating is determined with respect to compliance with due diligence in the disbursement, servicing, and collection of loans under this subpart for each year for which the determination is made. Such rating shall be equal to the percentage of all due diligence requirements applicable to each loan, on average, as established by the Secretary, with respect to loans serviced duri

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 292f — Default of borrower

Page 995 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 292f (July 1, 1944, ch. 373, title VII, § 706, as added Pub. L. 102–408, title I, § 102, Oct. 13, 1992, 106 Stat. 2000; amended Pub. L. 105–392, title I, § 145, Nov. 13, 1998, 112 Stat. 3581.) Editorial Notes PRIOR PROVISIONS A prior section 292e, act July 1, 1944, ch. 373, title VII, § 705, as added Oct. 12, 1976, Pub. L. 94–484, title II, § 204, 90 Stat. 2248; amended Nov. 9, 1978, Pub. L. 95–623, § 11(f), 92 Stat. 3456; Aug. 13, 1981, Pub. L. 97–35, title XXVII, § 2718, 95 Stat. 914, related to establishment and mainte- nance of records and annual financial reports and au- dits, prior to the general revision of this subchapter by Pub. L. 102–408. Another prior section 292e, act July 1, 1944, ch. 373, title VII, § 706, as added July 30, 1956, 779, § 2, 70 Stat. 719; amended Oct. 5, 1961, Pub. L. 87–395, § 8(c), (d), 75 Stat. 827; Sept. 24, 1963, Pub. L. 88–129, § 2(a), 77 Stat. 164; Aug. 16, 1968, Pub. L. 90–490, title IV, § 402, 82 Stat. 789; Nov. 18, 1971, Pub. L. 92–157, title I, § 102(k)(2)(A), (B), 85 Stat. 437, limited amount of grant available for construction of health research facilities, including provisions relating to its maximum, reservation of amount, manner of payment, and exclusion of amounts granted by certain other funds, prior to repeal by Pub. L. 94–484, title II, § 201(a), Oct. 12, 1976, 90 Stat. 2246. A prior section 706 of act July 1, 1944, was classified to section 292f of this title prior to the general revision of this subchapter by Pub. L. 102–408. Another prior section 706 of act July 1, 1944, was clas- sified to section 230 of this title prior to repeal by act Apr. 27, 1956, ch. 211, § 5(e), 70 Stat. 117. AMENDMENTS 1998—Subsec. (d). Pub. L. 105–392, § 145(1),

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 292i — Insurance account

Page 1000 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 292i A prior section 709 of act July 1, 1944, was classified to section 292i of this title prior to repeal by Pub. L. 97–35, title XXVII, § 2720(a), Aug. 13, 1981, 95 Stat. 915. AMENDMENTS 1998—Subsec. (b). Pub. L. 105–392 inserted ‘‘and’’ at end of par. (4)(B), substituted a period for ‘‘; and’’ at end of par. (5), and struck out par. (6) which read as fol- lows: ‘‘prepare and submit a report not later than March 31, 1993, and annually, thereafter, to the Com- mittee on Labor and Human Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives concerning— ‘‘(A) the default rates for each— ‘‘(i) institution described in section 292o(1) of this title that is participating in the loan programs under this subpart; ‘‘(ii) lender participating in the loan program under this subpart; and ‘‘(iii) loan holder under this subpart; ‘‘(B) the total amounts recovered pursuant to sec- tion 292f(b) of this title during the preceding fiscal year; and ‘‘(C) a plan for improving the extent of such recov- eries during the current fiscal year.’’ § 292i. Insurance account (a) In general (1) Establishment There is hereby established a student loan insurance account (in this section referred to as the ‘‘Account’’) which shall be available without fiscal year limitation to the Sec- retary for making payments in connection with the collection and default of loans in- sured under this subpart by the Secretary. (2) Funding (A) Except as provided in subparagraph (B), all amounts received by the Secretary as pre- mium charges for insurance and as receipts, earnings, or proceeds derived from any claim or other assets acquired by the Secretary in connection with his operations under

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