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20 U.S.C. § 1077 — Eligibility of student borrowers and terms of federally insured student loans

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

20 U.S.C. § 1077 — Eligibility of student borrowers and terms of federally insured student loans

**(a) List of requirements** Except as provided in [section 1078–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078-3&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091&num=0&edition=prelim), (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

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Source file: Laws/federal/codes/united-states-code/title-20/section-1077-eligibility-of-student-borrowers-and-terms-of-federally-insured-student--5a84aa1350.md
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Source location: Title 20, Chapter 28, § 1077; chapter-028-higher-education-resources-and-student-assistance.md

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**(a) List of requirements** Except as provided in [section 1078–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078-3&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091&num=0&edition=prelim), (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.11 So in original. The period probably should be a semicolon. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1077a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087&num=0&edition=prelim); (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,22 So in original. The comma probably should not appear. of disclosure of information concerning such loan to consumer reporting agencies under [section 1080a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1080a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078-7&num=0&edition=prelim). **(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.

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

20 U.S.C. § 1087 — Repayment by Secretary of loans of bankrupt, deceased, or disabled borrowers; treatment of borrowers attending schools that fail to provide a refund, attending closed schools, or falsely certified as eligible to borrow

**(a) Repayment in full for death and disability** (1) **In general** — If a student borrower who has received a loan described in subparagraph (A) or (B) of [section 1078(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/a/1&num=0&edition=prelim) dies or becomes permanently and totally disabled (as determined in accordance with regulations of the Secretary), or if a student borrower who has received such a loan is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, has lasted for a continuous period of not less than 60 months, or can be expected to last for a continuous period of not less than 60 months then the Secretary shall discharge the borrower’s liability on the loan by repaying the amount owed on the loan. The Secretary may develop such safeguards as the Secretary determines necessary to prevent fraud and abuse in the discharge of liability under this subsection. Notwithstanding any other provision of this subsection, the Secretary may promulgate regulations to reinstate the obligation of, and resume collection on, loans discharged under this subsection in any case in which— (A) a borrower received a discharge of liability under this subsection and after the discharge the borrower— (i) receives a loan made, insured, or guaranteed under this subchapter; or (ii) has earned income in excess of the poverty line; or (B) the Secretary determines the reinstatement and resumption to be necessary. (2) **Disability determinations** — A borrower who has been determined by the Secretary of Veterans Affairs to be unemployable due to a service-connected condition and who provides documentation of

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1087

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

20 U.S.C. § 1003 — Additional definitions

In this chapter: (1) **Authorizing committees** — The term “authorizing committees” means the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives. (2) **Combination of institutions of higher education** — The term “combination of institutions of higher education” means a group of institutions of higher education that have entered into a cooperative arrangement for the purpose of carrying out a common objective, or a public or private nonprofit agency, organization, or institution designated or created by a group of institutions of higher education for the purpose of carrying out a common objective on the group’s behalf. (3) **Critical foreign language** — Except as otherwise provided, the term “critical foreign language” means each of the languages contained in the list of critical languages designated by the Secretary in the Federal Register on August 2, 1985 (50 Fed. Reg. 31412; promulgated under the authority of section 212(d) of the Education for Economic Security Act (repealed by section 2303 of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988)), as updated by the Secretary from time to time and published in the Federal Register, except that in the implementation of this definition with respect to a specific title, the Secretary may set priorities according to the purposes of such title and the national security, economic competitiveness, and educational needs of the United States. (4) **Department** — The term “Department” means the Department of Education. (5) **Diploma mill** — The term “diploma mill” means an entity that— (A) (i) offers, for a fee, degrees, diplomas, or certificates, that may be used to rep

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

20 U.S.C. § 1071 — Statement of purpose; nondiscrimination; and appropriations authorized

**(a) Purpose; discrimination prohibited** (1) **Purpose** — The purpose of this part is to enable the Secretary— (A) to encourage States and nonprofit private institutions and organizations to establish adequate loan insurance programs for students in eligible institutions (as defined in [section 1085 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1085&num=0&edition=prelim)), (B) to provide a Federal program of student loan insurance for students or lenders who do not have reasonable access to a State or private nonprofit program of student loan insurance covered by an agreement under [section 1078(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/b&num=0&edition=prelim), (C) to pay a portion of the interest on loans to qualified students which are insured under this part, and (D) to guarantee a portion of each loan insured under a program of a State or of a nonprofit private institution or organization which meets the requirements of [section 1078(a)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/a/1/B&num=0&edition=prelim). (2) **Discrimination by creditors prohibited** — No agency, organization, institution, bank, credit union, corporation, or other lender who regularly extends, renews, or continues credit or provides insurance under this part shall exclude from receipt or deny the benefits of, or discriminate against any borrower or applicant in obtaining, such credit or insurance on the basis of race, national origin, religion, sex, marital status, age, or handicapped status. **(b) Authorization of appropriations** For the purpose of carrying out this part— (1) there are authorized to be appropriated to

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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

20 U.S.C. § 1077a — Applicable interest rates

**(a) Rates to be consistent for borrower’s entire debt** With respect to any loan to cover the cost of instruction for any period of instruction beginning on or after January 1, 1981, the rate of interest applicable to any borrower shall— (1) not exceed 7 percent per year on the unpaid principal balance of the loan in the case of any borrower who, on the date of entering into the note or other written evidence of that loan, has an outstanding balance of principal or interest on any loan made, insured, or guaranteed under this part, for which the interest rate does not exceed 7 percent; (2) except as provided in paragraph (3), be 9 percent per year on the unpaid principal balance of the loan in the case of any borrower who, on the date of entering into the note or other written evidence of that loan, has no outstanding balance of principal or interest on any loan described in paragraph (1) or any loan for which the interest rate is determined under paragraph (1); or (3) be 8 percent per year on the unpaid principal balance of the loan for a loan to cover the cost of education for any period of enrollment beginning on or after a date which is 3 months after a determination made under subsection (b) in the case of any borrower who, on the date of entering into the note or other written evidence of the loan, has no outstanding balance of principal or interest on any loan for which the interest rate is determined under paragraph (1) or (2) of this subsection. **(b) Reduction for new borrowers after decline in Treasury bill rates** If for any 12-month period beginning on or after January 1, 1981, the Secretary, after consultation with the Secretary of the Treasury, determines that the average of the bond equivalent rates of 91-day Treasury bills auctioned for such 12-mon

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1077a

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

20 U.S.C. § 1091 — Student eligibility

**(a) In general** In order to receive any grant, loan, or work assistance under this subchapter, a student must— (1) be enrolled or accepted for enrollment in a degree, certificate, or other program (including a program of study abroad approved for credit by the eligible institution at which such student is enrolled) leading to a recognized educational credential at an institution of higher education that is an eligible institution in accordance with the provisions of [section 1094 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1094&num=0&edition=prelim), except as provided in subsections (b)(3) and (b)(4), and not be enrolled in an elementary or secondary school; (2) if the student is presently enrolled at an institution, be maintaining satisfactory progress in the course of study the student is pursuing in accordance with the provisions of subsection (c);(q) (3) not owe a refund on grants previously received at any institution under this subchapter, or be in default on any loan from a student loan fund at any institution provided for in part E, or a loan made, insured, or guaranteed by the Secretary under this subchapter for attendance at any institution; (4) file with the Secretary, as part of the original financial aid application process, a certification, which need not be notarized, but which shall include— (A) a statement of educational purpose stating that the money attributable to such grant, loan, or loan guarantee will be used solely for expenses related to attendance or continued attendance at such institution; and (B) such student’s social security number; (5) be a citizen or national of the United States, a permanent resident of the United States, or able to provide evidence from the Immigration and N

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

20 U.S.C. § 1080a — Reports to consumer reporting agencies and institutions of higher education

**(a) Agreements to exchange information** For the purpose of promoting responsible repayment of loans covered by Federal loan insurance pursuant to this part or covered by a guaranty agreement pursuant to [section 1078 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078&num=0&edition=prelim), the Secretary and each guaranty agency, eligible lender, and subsequent holder shall enter into an agreement with each consumer reporting agency to exchange information concerning student borrowers, in accordance with the requirements of this section. For the purpose of assisting such consumer reporting agencies in complying with the Fair Credit Reporting Act [[15 U.S.C. 1681](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681&num=0&edition=prelim) et seq.], such agreements may provide for timely response by the Secretary (concerning loans covered by Federal loan insurance) or by a guaranty agency, eligible lender, or subsequent holder (concerning loans covered by a guaranty agreement), or to requests from such consumer reporting agencies for responses to objections raised by borrowers. Subject to the requirements of subsection (c), such agreements shall require the Secretary or the guaranty agency, eligible lender, or subsequent holder, as appropriate, to disclose to such consumer reporting agencies, with respect to any loan under this part that has not been repaid by the borrower— (1) that the loan is an education loan (as such term is defined in [section 1019 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1019&num=0&edition=prelim)); (2) the total amount of loans made to any borrower under this part and the remaining balance of the loans; (3) information conc

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

20 U.S.C. § 1078 — Federal payments to reduce student interest costs

**(a) Federal interest subsidies** (1) **Types of loans that qualify** — Each student who has received a loan for study at an eligible institution for which the first disbursement is made before July 1, 2010, and— (A) which is insured by the Secretary under this part; or (B) which is insured under a program of a State or of a nonprofit private institution or organization which was contracted for, and paid to the student, within the period specified in paragraph (5), and which— (i) in the case of a loan insured prior to July 1, 1967, was made by an eligible lender and is insured under a program which meets the requirements of subparagraph (E) of subsection (b)(1) and provides that repayment of such loan shall be in installments beginning not earlier than 60 days after the student ceases to pursue a course of study (as described in subparagraph (D) of subsection (b)(1)) at an eligible institution, or (ii) in the case of a loan insured after June 30, 1967, was made by an eligible lender and is insured under a program covered by an agreement made pursuant to subsection (b), shall be entitled to have paid on his or her behalf and for his or her account to the holder of the loan a portion of the interest on such loan under circumstances described in paragraph (2). (2) **Additional requirements to receive subsidy** (A) Each student qualifying for a portion of an interest payment under paragraph (1) shall— (i) have provided to the lender a statement from the eligible institution, at which the student has been accepted for enrollment, or at which the student is in attendance, which— (I) sets forth the loan amount for which the student shows financial need; and (II) sets forth a schedule for disbursement of the proceeds of the loan in ins

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

20 U.S.C. § 1078–7 — Requirements for disbursement of student loans

**(a) Multiple disbursement required** (1) **Two disbursements required** — The proceeds of any loan made, insured, or guaranteed under this part that is made for any period of enrollment shall be disbursed in 2 or more installments, none of which exceeds one-half of the loan. (2) **Minimum interval required** — The interval between the first and second such installments shall be not less than one-half of such period of enrollment, 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. (3) **Special rule** — An institution whose cohort default rate (as determined under [section 1085(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1085/m&num=0&edition=prelim)) for each of the 3 most recent fiscal years for which data are available is less than 10 percent may disburse any loan made, insured, or guaranteed under this part in a single installment for any period of enrollment that is not more than 1 semester, 1 trimester, 1 quarter, or 4 months. Notwithstanding section 422(d) of the Higher Education Amendments of 1998, this paragraph shall be effective beginning on February 8, 2006. (4) **Amendment to special rule** — Beginning on October 1, 2011, the special rule under paragraph (3) shall be applied by substituting “15 percent” for “10 percent”. **(b) Disbursement and endorsement requirements** (1) **First year students** — The first installment of the proceeds of any loan made, insured, or guaranteed under this part that is made to a student borrower who is entering the first year of a program of undergraduate education, and who has not previously obtained a loan under this part, shall not (regardless of the a

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1078–7

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

20 U.S.C. § 1078–8 — Unsubsidized Stafford loans for middle-income borrowers

**(a) In general** It is the purpose of this section to authorize insured loans under this part that are first disbursed before July 1, 2010, for borrowers who do not qualify for Federal interest subsidy payments under [section 1078 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078&num=0&edition=prelim). Except as provided in this section, all terms and conditions for Federal Stafford loans established under [section 1078 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078&num=0&edition=prelim) shall apply to loans made pursuant to this section. **(b) Eligible borrowers** Prior to July 1, 2010, any student meeting the requirements for student eligibility under [section 1091 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091&num=0&edition=prelim) (including graduate and professional students as defined in regulations promulgated by the Secretary) shall be entitled to borrow an unsubsidized Federal Stafford Loan for which the first disbursement is made before such date if the eligible institution at which the student has been accepted for enrollment, or at which the student is in attendance, has— (1) determined and documented the student’s need for the loan based on the student’s estimated cost of attendance (as determined under section 1087ll of this title) and the student’s estimated financial assistance, including a loan which qualifies for interest subsidy payments under [section 1078 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078&num=0&edition=prelim); and (2) provided the lender a statement— (A) certifying the eligibility of the student to receive a loan under this section and th

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1078–8

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