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20 U.S.C. § 1019d — Self-certification form for private education loans

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

20 U.S.C. § 1019d — Self-certification form for private education loans

**(a) In general** The Secretary, in consultation with the Board of Governors of the Federal Reserve System, shall develop the self-certification form for private education loans that shall be used to satisfy the requirements of [section 1638(e)(3) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1638/e/3&num=0&edition=prelim). Such form shall— (1) be developed in a standardized format; (2) be made available to the applicant by the relevant institution of higher education, in written or electronic form, upon request of the applicant; (3) contain only disclosures that— (A) the applicant may qualify for Federal student financial assistance through a program under subchapter IV of this chapter, or State or institutional student financial assistance, in place of, or in addition to, a private education loan; (B) the applicant is encouraged to discuss the availability of Federal, State, and institutional student financial assistance with financial aid officials at the applicant’s institution of higher education; (C) a private education loan may affect the applicant’s eligibility for free or low-cost Federal, State or institutional student financial assistance; and (D) the information that the applicant is required to provide on the form is available from officials at the financial aid office of the institution of higher education; (4) include a place to provide information on— (A) the applicant’s cost of attendance at the institution of higher education, as determined by the institution under part F of subchapter IV; (B) the applicant’s estimated financial assistance, including amounts of financial assistance used to replace the student aid index, as determined by the institution, in accordance with subchapter IV,

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Source location: Title 20, Chapter 28, § 1019d; chapter-028-higher-education-resources-and-student-assistance.md

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**(a) In general** The Secretary, in consultation with the Board of Governors of the Federal Reserve System, shall develop the self-certification form for private education loans that shall be used to satisfy the requirements of [section 1638(e)(3) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1638/e/3&num=0&edition=prelim). Such form shall— (1) be developed in a standardized format; (2) be made available to the applicant by the relevant institution of higher education, in written or electronic form, upon request of the applicant; (3) contain only disclosures that— (A) the applicant may qualify for Federal student financial assistance through a program under subchapter IV of this chapter, or State or institutional student financial assistance, in place of, or in addition to, a private education loan; (B) the applicant is encouraged to discuss the availability of Federal, State, and institutional student financial assistance with financial aid officials at the applicant’s institution of higher education; (C) a private education loan may affect the applicant’s eligibility for free or low-cost Federal, State or institutional student financial assistance; and (D) the information that the applicant is required to provide on the form is available from officials at the financial aid office of the institution of higher education; (4) include a place to provide information on— (A) the applicant’s cost of attendance at the institution of higher education, as determined by the institution under part F of subchapter IV; (B) the applicant’s estimated financial assistance, including amounts of financial assistance used to replace the student aid index, as determined by the institution, in accordance with subchapter IV, for students who have completed the Free Application for Federal Student Aid; and (C) the difference between the amounts under subparagraphs (A) and (B), as applicable; and (5) include a place for the applicant’s signature, in written or electronic form. **(b) Limit on liability** Nothing in this section shall be construed to create a private right of action against an institution of higher education with respect to the form developed under subsection (a).

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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

15 U.S.C. § 1638 — Transactions other than under an open end credit plan

**(a) Required disclosures by creditor** For each consumer credit transaction other than under an open end credit plan, the creditor shall disclose each of the following items, to the extent applicable: (1) The identity of the creditor required to make disclosure. (2) (A) The “amount financed”, using that term, which shall be the amount of credit of which the consumer has actual use. This amount shall be computed as follows, but the computations need not be disclosed and shall not be disclosed with the disclosures conspicuously segregated in accordance with subsection (b)(1): (i) take the principal amount of the loan or the cash price less downpayment and trade-in; (ii) add any charges which are not part of the finance charge or of the principal amount of the loan and which are financed by the consumer, including the cost of any items excluded from the finance charge pursuant to [section 1605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1605&num=0&edition=prelim); and (iii) subtract any charges which are part of the finance charge but which will be paid by the consumer before or at the time of the consummation of the transaction, or have been withheld from the proceeds of the credit. (B) In conjunction with the disclosure of the amount financed, a creditor shall provide a statement of the consumer’s right to obtain, upon a written request, a written itemization of the amount financed. The statement shall include spaces for a “yes” and “no” indication to be initialed by the consumer to indicate whether the consumer wants a written itemization of the amount financed. Upon receiving an affirmative indication, the creditor shall provide, at the time other disclosures are required to be furnished, a written

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

20 U.S.C. § 1019d — Self-certification form for private edu-

Page 242 TITLE 20—EDUCATION § 1019c (2) Annual report Each covered institution, and each institu- tion-affiliated organization of such covered in- stitution, that has a preferred lender arrange- ment, shall— (A) prepare and submit to the Secretary an annual report, by a date determined by the Secretary, that includes, for each lender that has a preferred lender arrangement with such covered institution or organiza- tion— (i) the information described in clauses (i) and (ii) of paragraph (1)(A); and (ii) a detailed explanation of why such covered institution or institution-affili- ated organization entered into a preferred lender arrangement with the lender, in- cluding why the terms, conditions, and provisions of each type of education loan provided pursuant to the preferred lender arrangement are beneficial for students at- tending such institution, or the families of such students, as applicable; and (B) ensure that the report required under subparagraph (A) is made available to the public and provided to students attending or planning to attend such covered institution and the families of such students. (3) Code of conduct (A) In general Each covered institution, and each institu- tion-affiliated organization of such covered institution, that has a preferred lender ar- rangement, shall comply with the code of conduct requirements of subparagraphs (A) through (C) of section 1094(a)(25) of this title. (B) Applicable code of conduct For purposes of subparagraph (A), an insti- tution-affiliated organization of a covered institution shall— (i) comply with the code of conduct de- veloped and published by such covered in- stitution under subparagraphs (A) and (B) of section 1094(a)(25) of this title; (ii) if such institution-affiliated organi- z

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