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20 U.S.C. § 1078–3 — Federal consolidation loans

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20 U.S.C. § 1078–3 — Federal consolidation loans

**(a) Agreements with eligible lenders** (1) **Agreement required for insurance coverage** — For the purpose of providing loans to eligible borrowers for consolidation of their obligations with respect to eligible student loans, the Secretary or a guaranty agency shall enter into agreements in accordance with subsection (b) with the following eligible lenders: (A) the Student Loan Marketing Association or the Holding Company of the Student Loan Marketing Association, including any subsidiary of the Holding Company, created pursuant to [section 1087–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087-3&num=0&edition=prelim); (B) State agencies described in subparagraphs (D) and (F) of [section 1085(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1085/d/1&num=0&edition=prelim); and (C) other eligible lenders described in subparagraphs (A), (B), (C), (E), and (J) of such section. (2) **Insurance coverage of consolidation loans** — Except as provided in [section 1079(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1079/e&num=0&edition=prelim), no contract of insurance under this part shall apply to a consolidation loan unless such loan is made under an agreement pursuant to this section and is covered by a certificate issued in accordance with subsection (b)(2). Loans covered by such a certificate that is issued by a guaranty agency shall be considered to be insured loans for the purposes of reimbursements under [section 1078(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/c&num=0&edition=prelim), but no payment shall be made with respect to such loans under [section 1078(f)

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Source location: Title 20, Chapter 28, § 1078–3; chapter-028-higher-education-resources-and-student-assistance.md

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**(a) Agreements with eligible lenders** (1) **Agreement required for insurance coverage** — For the purpose of providing loans to eligible borrowers for consolidation of their obligations with respect to eligible student loans, the Secretary or a guaranty agency shall enter into agreements in accordance with subsection (b) with the following eligible lenders: (A) the Student Loan Marketing Association or the Holding Company of the Student Loan Marketing Association, including any subsidiary of the Holding Company, created pursuant to [section 1087–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087-3&num=0&edition=prelim); (B) State agencies described in subparagraphs (D) and (F) of [section 1085(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1085/d/1&num=0&edition=prelim); and (C) other eligible lenders described in subparagraphs (A), (B), (C), (E), and (J) of such section. (2) **Insurance coverage of consolidation loans** — Except as provided in [section 1079(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1079/e&num=0&edition=prelim), no contract of insurance under this part shall apply to a consolidation loan unless such loan is made under an agreement pursuant to this section and is covered by a certificate issued in accordance with subsection (b)(2). Loans covered by such a certificate that is issued by a guaranty agency shall be considered to be insured loans for the purposes of reimbursements under [section 1078(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/c&num=0&edition=prelim), but no payment shall be made with respect to such loans under [section 1078(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/f&num=0&edition=prelim) to any such agency. (3) **Definition of eligible borrower** (A) For the purpose of this section, the term “eligible borrower” means a borrower who— (i) is not subject to a judgment secured through litigation with respect to a loan under this subchapter or to an order for wage garnishment under [section 1095a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1095a&num=0&edition=prelim); and (ii) at the time of application for a consolidation loan— (I) is in repayment status as determined under [section 1078(b)(7)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/b/7/A&num=0&edition=prelim); (II) is in a grace period preceding repayment; or (III) is a defaulted borrower who has made arrangements to repay the obligation on the defaulted loans satisfactory to the holders of the defaulted loans. (B) (i) 11 So in original. No cl. (ii) has been enacted. An individual’s status as an eligible borrower under this section or under [section 1087e(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087e/g&num=0&edition=prelim) terminates under both sections upon receipt of a consolidation loan under this section or under [section 1087e(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087e/g&num=0&edition=prelim), except that— (I) an individual who receives eligible student loans after the date of receipt of the consolidation loan may receive a subsequent consolidation loan; (II) loans received prior to the date of the consolidation loan may be added during the 180-day period following the making of the consolidation loan; (III) loans received following the making of the consolidation loan may be added during the 180-day period following the making of the consolidation loan; (IV) loans received prior to the date of the first consolidation loan may be added to a subsequent consolidation loan; and (V) an individual may obtain a subsequent consolidation loan under [section 1087e(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087e/g&num=0&edition=prelim) only— (aa) for the purposes of obtaining income contingent repayment or income-based repayment, and only if the loan has been submitted to the guaranty agency for default aversion or if the loan is already in default; (bb) for the purposes of using the public service loan forgiveness program under [section 1087e(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087e/m&num=0&edition=prelim); (cc) for the purpose of using the no accrual of interest for active duty service members benefit offered under section 1087e(o) of this title; or (dd) for the purpose of separating a joint consolidation loan into 2 separate Federal Direct Consolidation Loans under [section 1087e(g)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087e/g/2&num=0&edition=prelim). (4) **“Eligible student loans” defined** — For the purpose of paragraph (1), the term “eligible student loans” means loans— (A) made, insured, or guaranteed under this part, and first disbursed before July 1, 2010, including loans on which the borrower has defaulted (but has made arrangements to repay the obligation on the defaulted loans satisfactory to the Secretary or guaranty agency, whichever insured the loans); (B) made under part E of this subchapter; (C) made under part D of this subchapter; (D) made under subpart II of part A of title VII of the Public Health Service Act [[42 U.S.C. 292q](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section292q&num=0&edition=prelim) et seq.]; or (E) made under part E of title VIII of the Public Health Service Act [[42 U.S.C. 297a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section297a&num=0&edition=prelim) et seq.]. **(b) Contents of agreements, certificates of insurance, and loan notes** (1) **Agreements with lenders** — Any lender described in subparagraph (A), (B), or (C) of subsection (a)(1) who wishes to make consolidation loans under this section shall enter into an agreement with the Secretary or a guaranty agency which provides— (A) that, in the case of all lenders described in subsection (a)(1), the lender will make a consolidation loan to an eligible borrower (on request of that borrower) only if the borrower certifies that the borrower has no other application pending for a loan under this section; (B) that each consolidation loan made by the lender will bear interest, and be subject to repayment, in accordance with subsection (c); (C) that each consolidation loan will be made, notwithstanding any other provision of this part limiting the annual or aggregate principal amount for all insured loans made to a borrower, in an amount (i) which is not less than the minimum amount required for eligibility of the borrower under subsection (a)(3), and (ii) which is equal to the sum of the unpaid principal and accrued unpaid interest and late charges of all eligible student loans received by the eligible borrower which are selected by the borrower for consolidation; (D) that the proceeds of each consolidation loan will be paid by the lender to the holder or holders of the loans so selected to discharge the liability on such loans; (E) that the lender shall offer an income-sensitive repayment schedule, established by the lender in accordance with the regulations promulgated by the Secretary, to the borrower of any consolidation loan made by the lender on or after July 1, 1994, and before July 1, 2010; (F) that the lender shall disclose to a prospective borrower, in simple and understandable terms, at the time the lender provides an application for a consolidation loan— (i) whether consolidation would result in a loss of loan benefits under this part or part D, including loan forgiveness, cancellation, and deferment; (ii) with respect to Federal Perkins Loans under part E— (I) that if a borrower includes a Federal Perkins Loan under part E in the consolidation loan, the borrower will lose all interest-free periods that would have been available for the Federal Perkins Loan, such as— (aa) the periods during which no interest accrues on such loan while the borrower is enrolled in school at least half-time; (bb) the grace period under [section 1087dd(c)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087dd/c/1/A&num=0&edition=prelim); and (cc) the periods during which the borrower’s student loan repayments are deferred under [section 1087dd(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087dd/c/2&num=0&edition=prelim); (II) that if a borrower includes a Federal Perkins Loan in the consolidation loan, the borrower will no longer be eligible for cancellation of part or all of the Federal Perkins Loan under [section 1087ee(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087ee/a&num=0&edition=prelim); and (III) the occupations listed in [section 1087ee of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087ee&num=0&edition=prelim) that qualify for Federal Perkins Loan cancellation under [section 1087ee(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087ee/a&num=0&edition=prelim); (iii) the repayment plans that are available to the borrower; (iv) the options of the borrower to prepay the consolidation loan, to pay such loan on a shorter schedule, and to change repayment plans; (v) that borrower benefit programs for a consolidation loan may vary among different lenders; (vi) the consequences of default on the consolidation loan; and (vii) that by applying for a consolidation loan, the borrower is not obligated to agree to take the consolidation loan; and (G) such other terms and conditions as the Secretary or the guaranty agency may specifically require of the lender to carry out this section. (2) **Issuance of certificate of comprehensive insurance coverage** — The Secretary shall issue a certificate of comprehensive insurance coverage under [section 1079(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1079/b&num=0&edition=prelim) to a lender which has entered into an agreement with the Secretary under paragraph (1) of this subsection. The guaranty agency may issue a certificate of comprehensive insurance coverage to a lender with which it has an agreement under such paragraph. The Secretary shall not issue a certificate to a lender described in subparagraph (B) or (C) of subsection (a)(1) unless the Secretary determines that such lender has first applied to, and has been denied a certificate of insurance by, the guaranty agency which insures the preponderance of its loans (by value). (3) **Contents of certificate** — A certificate issued under paragraph (2) shall, at a minimum, provide— (A) that all consolidation loans made by such lender in conformity with the requirements of this section will be insured by the Secretary or the guaranty agency (whichever is applicable) against loss of principal and interest; (B) that a consolidation loan will not be insured unless the lender has determined to its satisfaction, in accordance with reasonable and prudent business practices, for each loan being consolidated— (i) that the loan is a legal, valid, and binding obligation of the borrower; (ii) that each such loan was made and serviced in compliance with applicable laws and regulations; and (iii) in the case of loans under this part, that the insurance on such loan is in full force and effect; (C) the effective date and expiration date of the certificate; (D) the aggregate amount to which the certificate applies; (E) the reporting requirements of the Secretary on the lender and an identification of the office of the Department of Education or of the guaranty agency which will process claims and perform other related administrative functions; (F) the alternative repayment terms which will be offered to borrowers by the lender; (G) that, if the lender prior to the expiration of the certificate no longer proposes to make consolidation loans, the lender will so notify the issuer of the certificate in order that the certificate may be terminated (without affecting the insurance on any consolidation loan made prior to such termination); and (H) the terms upon which the issuer of the certificate may limit, suspend, or terminate the lender’s authority to make consolidation loans under the certificate (without affecting the insurance on any consolidation loan made prior to such limitation, suspension, or termination). (4) **Terms and conditions of loans** — A consolidation loan made pursuant to this section shall be insurable by the Secretary or a guaranty agency pursuant to paragraph (2) only if the loan is made to an eligible borrower who has agreed to notify the holder of the loan promptly concerning any change of address and the loan is evidenced by a note or other written agreement which— (A) is made without security and without endorsement, except that if the borrower is a minor and such note or other written agreement executed by him or her would not, under applicable law, create a binding obligation, endorsement may be required; (B) provides for the payment of interest and the repayment of principal in accordance with subsection (c) of this section; (C) (i) provides that periodic installments of principal need not be paid, but interest shall accrue and be paid in accordance with clause (ii), during any period for which the borrower would be eligible for a deferral under [section 1078(b)(1)(M) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/b/1/M&num=0&edition=prelim), and that any such period shall not be included in determining the repayment schedule pursuant to subsection (c)(2) of this section; and (ii) provides that interest shall accrue and be paid during any such period— (I) by the Secretary, in the case of a consolidation loan for which the application is received by an eligible lender before November 13, 1997, that consolidated only Federal Stafford Loans for which the student borrower received an interest subsidy under [section 1078 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078&num=0&edition=prelim); (II) by the Secretary, in the case of a consolidation loan for which the application is received by an eligible lender on or after November 13, 1997, except that the Secretary shall pay such interest only on that portion of the loan that repays Federal Stafford Loans for which the student borrower received an interest subsidy under [section 1078 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078&num=0&edition=prelim) or Federal Direct Stafford Loans for which the borrower received an interest subsidy under [section 1087e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087e&num=0&edition=prelim); or (III) by the borrower, or capitalized, in the case of a consolidation loan other than a loan described in subclause (I) or (II); (D) entitles the borrower to accelerate without penalty repayment of the whole or any part of the loan; and (E) (i) contains a notice of the system of disclosure 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. (5) **Direct loans** — If, before July 1, 2010, a borrower is unable to obtain a consolidation loan from a lender with an agreement under subsection (a)(1), or is unable to obtain a consolidation loan with income-sensitive repayment terms or income-based repayment terms acceptable to the borrower from such a lender, or chooses to obtain a consolidation loan for the purposes of using the public service loan forgiveness program offered under [section 1087e(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087e/m&num=0&edition=prelim), the Secretary shall offer any such borrower who applies for it, a Federal Direct Consolidation loan. In addition, in the event that a borrower chooses to obtain a consolidation loan for the purposes of using the no accrual of interest for active duty service members program offered under section 1087e(o) of this title, the Secretary shall offer a Federal Direct Consolidation loan to any such borrower who applies for participation in such program. A direct consolidation loan offered under this paragraph shall, as requested by the borrower, be repaid either pursuant to income contingent repayment under part D of this subchapter, pursuant to income-based repayment under [section 1098e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1098e&num=0&edition=prelim), or pursuant to any other repayment provision under this section, except that if a borrower intends to be eligible to use the public service loan forgiveness program under [section 1087e(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087e/m&num=0&edition=prelim), such loan shall be repaid using one of the repayment options described in [section 1087e(m)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087e/m/1/A&num=0&edition=prelim). The Secretary shall not offer such loans if, in the Secretary’s judgment, the Department of Education does not have the necessary origination and servicing arrangements in place for such loans. (6) **Nondiscrimination in loan consolidation** — An eligible lender that makes consolidation loans under this section shall not discriminate against any borrower seeking such a loan— (A) based on the number or type of eligible student loans the borrower seeks to consolidate, except that a lender is not required to consolidate loans described in subparagraph (D) or (E) of subsection (a)(4) or subsection (d)(1)(C)(ii); (B) based on the type or category of institution of higher education that the borrower attended; (C) based on the interest rate to be charged to the borrower with respect to the consolidation loan; or (D) with respect to the types of repayment schedules offered to such borrower. **(c) Payment of principal and interest** (1) **Interest rate** (A) Notwithstanding subparagraphs (B) and (C), with respect to any loan made under this section for which the application is received by an eligible lender— (i) on or after October 1, 1998, and before July 1, 2006, the applicable interest rate shall be determined under [section 1077a(k)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1077a/k/4&num=0&edition=prelim); or (ii) on or after July 1, 2006, and that is disbursed before July 1, 2010, the applicable interest rate shall be determined under section 1077a(l)(3) of this title. (B) A consolidation loan made before July 1, 1994, shall bear interest at an annual rate on the unpaid principal balance of the loan that is equal to the greater of— (i) the weighted average of the interest rates on the loans consolidated, rounded to the nearest whole percent; or (ii) 9 percent. (C) A consolidation loan made on or after July 1, 1994, and disbursed before July 1, 2010, shall bear interest at an annual rate on the unpaid principal balance of the loan that is equal to the weighted average of the interest rates on the loans consolidated, rounded upward to the nearest whole percent. (D) A consolidation loan for which the application is received by an eligible lender on or after November 13, 1997, and before October 1, 1998, shall bear interest at an annual rate on the unpaid principal balance of the loan that is equal to the rate specified in [section 1077a(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1077a/f&num=0&edition=prelim), except that the eligible lender may continue to calculate interest on such a loan at the rate previously in effect and defer, until not later than April 1, 1998, the recalculation of the interest on such a loan at the rate required by this subparagraph if the recalculation is applied retroactively to the date on which the loan is made. (2) **Repayment schedules** (A) Notwithstanding any other provision of this part, to the extent authorized by its certificate of insurance under subsection (b)(2) and approved by the issuer of such certificate, the lender of a consolidation loan shall establish repayment terms as will promote the objectives of this section, which shall include the establishment of graduated, income-sensitive, or income-based repayment schedules, established by the lender in accordance with the regulations of the Secretary. Except as required by such income-sensitive or income-based repayment schedules, or by the terms of repayment pursuant to income contingent repayment offered by the Secretary under subsection (b)(5), such repayment terms shall require that if the sum of the consolidation loan and the amount outstanding on other student loans to the individual— (i) is less than $7,500, then such consolidation loan shall be repaid in not more than 10 years; (ii) is equal to or greater than $7,500 but less than $10,000, then such consolidation loan shall be repaid in not more than 12 years; (iii) is equal to or greater than $10,000 but less than $20,000, then such consolidation loan shall be repaid in not more than 15 years; (iv) is equal to or greater than $20,000 but less than $40,000, then such consolidation loan shall be repaid in not more than 20 years; (v) is equal to or greater than $40,000 but less than $60,000, then such consolidation loan shall be repaid in not more than 25 years; or (vi) is equal to or greater than $60,000, then such consolidation loan shall be repaid in not more than 30 years. (B) The amount outstanding on other student loans which may be counted for the purpose of subparagraph (A) may not exceed the amount of the consolidation loan. (3) **Additional repayment requirements** — Notwithstanding paragraph (2)— (A) except in the case of an income-based repayment schedule under [section 1098e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1098e&num=0&edition=prelim), a repayment schedule established with respect to a consolidation loan shall require that the minimum installment payment be an amount equal to not less than the accrued unpaid interest; (B) except as required by the terms of repayment pursuant to income contingent repayment offered by the Secretary under subsection (b)(5), the lender of a consolidation loan may, with respect to repayment on the loan, when the amount of a monthly or other similar payment on the loan is not a multiple of $5, round the payment to the next highest whole dollar amount that is a multiple of $5; and (C) an income-based repayment schedule under [section 1098e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1098e&num=0&edition=prelim) shall not be available to a consolidation loan borrower who used the proceeds of the loan to discharge the liability on a loan under [section 1078–2 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078-2&num=0&edition=prelim), or a Federal Direct PLUS loan, made on behalf of a dependent student. (4) **Commencement of repayment** — Repayment of a consolidation loan shall commence within 60 days after all holders have, pursuant to subsection (b)(1)(D), discharged the liability of the borrower on the loans selected for consolidation. (5) **Insurance premiums prohibited** — No insurance premium shall be charged to the borrower on any consolidation loan, and no insurance premium shall be payable by the lender to the Secretary with respect to any such loan, but a fee may be payable by the lender to the guaranty agency to cover the costs of increased or extended liability with respect to such loan. **(d) Special program authorized** (1) **General rule and definition of eligible student loan** (A) *In general* — Subject to the provisions of this subsection, the Secretary or a guaranty agency shall enter into agreements with eligible lenders described in subparagraphs (A), (B), and (C) of subsection (a)(1) for the consolidation of eligible student loans. (B) *Applicability rule* — Unless otherwise provided in this subsection, the agreements entered into under subparagraph (A) and the loans made under such agreements for the consolidation of eligible student loans under this subsection shall have the same terms, conditions, and benefits as all other agreements and loans made under this section. (C) *“Eligible student loans” defined* — For the purpose of this subsection, the term “eligible student loans” means loans— (i) of the type described in subparagraphs (A), (B), and (C) of subsection (a)(4); and (ii) made under subpart I 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.]. (2) **Interest rate rule** (A) *In general* — The portion of each consolidated loan that is attributable to an eligible student loan described in paragraph (1)(C)(ii) shall bear interest at a rate not to exceed the rate determined under subparagraph (B). (B) *Determination of the maximum interest rate* — For the 12-month period beginning after July 1, 1992, and for each 12-month period thereafter, beginning on July 1 and ending on June 30, the interest rate applicable under subparagraph (A) shall be equal to the average of the bond equivalent rates of the 91-day Treasury bills auctioned for the quarter prior to July 1, for each 12-month period for which the determination is made, plus 3 percent. (C) *Publication of maximum interest rate* — The Secretary shall determine the applicable rate of interest under subparagraph (B) after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of such determination. (3) **Special rules** (A) *No special allowance rule* — No special allowance under [section 1087–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087-1&num=0&edition=prelim) shall be paid with respect to the portion of any consolidated loan under this subsection that is attributable to any loan described in paragraph (1)(C)(ii). (B) *No interest subsidy rule* — No interest subsidy under [section 1078(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/a&num=0&edition=prelim) shall be paid on behalf of any eligible borrower for any portion of a consolidated loan under this subsection that is attributable to any loan described in paragraph (1)(C)(ii). (C) *Additional reserve rule* — Notwithstanding any other provision of this chapter, additional reserves shall not be required for any guaranty agency with respect to a loan made under this subsection. (D) *Insurance rule* — Any insurance premium paid by the borrower under subpart I 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.] with respect to a loan made under that subpart and consolidated under this subsection shall be retained by the student loan insurance account established under 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)]. (4) **Regulations** — The Secretary is authorized to promulgate such regulations as may be necessary to facilitate carrying out the provisions of this subsection. **(e) Termination of authority** The authority to make loans under this section expires at the close of June 30, 2010. No loan may be made under this section for which the disbursement is on or after July 1, 2010. Nothing in this section shall be construed to authorize the Secretary to promulgate rules or regulations governing the terms or conditions of the agreements and certificates under subsection (b). Loans made under this section which are insured by the Secretary shall be considered to be new loans made to students for the purpose of [section 1074(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1074/a&num=0&edition=prelim). **(f) Interest payment rebate fee** (1) **In general** — For any month beginning on or after October 1, 1993, each holder of a consolidation loan under this section for which the first disbursement was made on or after October 1, 1993, shall pay to the Secretary, on a monthly basis and in such manner as the Secretary shall prescribe, a rebate fee calculated on an annual basis equal to 1.05 percent of the principal plus accrued unpaid interest on such loan. (2) **Special rule** — For consolidation loans based on applications received during the period from October 1, 1998 through January 31, 1999, inclusive, the rebate described in paragraph (1) shall be equal to 0.62 percent of the principal plus accrued unpaid interest on such loan. (3) **Deposit** — The Secretary shall deposit all fees collected pursuant to this subsection into the insurance fund established in [section 1081 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1081&num=0&edition=prelim).

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

20 U.S.C. § 1081 — Insurance fund

**(a) Establishment** There is hereby established a student loan insurance fund (hereinafter in this section called the “fund”) which shall be available without fiscal year limitation to the Secretary for making payments in connection with the default of loans insured by the Secretary under this part, or in connection with payments under a guaranty agreement under [section 1078(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/c&num=0&edition=prelim). 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 operations under this part, any excess advances under [section 1072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1072&num=0&edition=prelim), and any other moneys, property, or assets derived by the Secretary from operations in connection with this section, shall be deposited in the fund. All payments in connection with the default of loans insured by the Secretary under this part, or in connection with such guaranty agreements shall be paid from the fund. Moneys in the fund not needed for current operations under this section may be invested in bonds or other obligations guaranteed as to principal and interest by the United States. **(b) Borrowing authority** If at any time the moneys in the fund are insufficient to make payments in connection with the default of any loan insured by the Secretary under this part, or in connection with any guaranty agreement made under [section 1078(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/c&num=0&edition=prelim), the Secretary is authorized, to the

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20 U.S.C. § 1087a — Program authority

**(a) In general** There are hereby made available, in accordance with the provisions of this part, such sums as may be necessary (1) to make loans to all eligible students (and the eligible parents of such students) in attendance at participating institutions of higher education selected by the Secretary, to enable such students to pursue their courses of study at such institutions during the period beginning July 1, 1994; and (2) for purchasing loans under [section 1087i–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087i-1&num=0&edition=prelim). Loans made under this part shall be made by participating institutions, or consortia thereof, that have agreements with the Secretary to originate loans, or by alternative originators designated by the Secretary to make loans for students in attendance at participating institutions (and their parents). **(b) Designation** (1) **Program** — The program established under this part shall be referred to as the “William D. Ford Federal Direct Loan Program”. (2) **Direct loans** — Notwithstanding any other provision of this part, loans made to borrowers under this part that, except as otherwise specified in this part, have the same terms, conditions, and benefits as loans made to borrowers under [section 1078 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078&num=0&edition=prelim), shall be known as “Federal Direct Stafford/Ford Loans”. **(c) Maximum aid** The maximum dollar amount of financial assistance provided under this part to a student shall not exceed the cost of attendance for such student.

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20 U.S.C. § 1095a — Wage garnishment requirement

**(a) Garnishment requirements** Notwithstanding any provision of State law, a guaranty agency, or the Secretary in the case of loans made, insured or guaranteed under this subchapter that are held by the Secretary, may garnish the disposable pay of an individual to collect the amount owed by the individual, if he or she is not currently making required repayment under a repayment agreement with the Secretary, or, in the case of a loan guaranteed under part B on which the guaranty agency received reimbursement from the Secretary under [section 1078(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/c&num=0&edition=prelim), with the guaranty agency holding the loan, as appropriate, provided that— (1) the amount deducted for any pay period may not exceed 15 percent of disposable pay, except that a greater percentage may be deducted with the written consent of the individual involved; (2) the individual shall be provided written notice, sent by mail to the individual’s last known address, a minimum of 30 days prior to the initiation of proceedings, from the guaranty agency or the Secretary, as appropriate, informing such individual of the nature and amount of the loan obligation to be collected, the intention of the guaranty agency or the Secretary, as appropriate, to initiate proceedings to collect the debt through deductions from pay, and an explanation of the rights of the individual under this section; (3) the individual shall be provided an opportunity to inspect and copy records relating to the debt; (4) the individual shall be provided an opportunity to enter into a written agreement with the guaranty agency or the Secretary, under terms agreeable to the Secretary, or the head of the guaranty agency or his designee

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20 U.S.C. § 1087e — Terms and conditions of loans

**(a) In general** (1) **Parallel terms, conditions, benefits, and amounts** — Unless otherwise specified in this part, loans made to borrowers under this part shall have the same terms, conditions, and benefits, and be available in the same amounts, as loans made to borrowers, and first disbursed on June 30, 2010, under sections 1078, 1078–2, 1078–3, and 1078–8 of this title. (2) **Designation of loans** — Loans made to borrowers under this part that, except as otherwise specified in this part, have the same terms, conditions, and benefits as loans made to borrowers under— (A) [section 1078 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078&num=0&edition=prelim) shall be known as “Federal Direct Stafford Loans”; (B) [section 1078–2 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078-2&num=0&edition=prelim) shall be known as “Federal Direct PLUS Loans”; (C) [section 1078–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078-3&num=0&edition=prelim) shall be known as “Federal Direct Consolidation Loans”; and (D) [section 1078–8 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078-8&num=0&edition=prelim) shall be known as “Federal Direct Unsubsidized Stafford Loans”. (3) **Termination of authority to make interest subsidized loans and Federal Direct PLUS loans to graduate and professional students** (A) *Termination of authority to make interest subsidized loans to graduate and professional students* — Subject to subparagraph (B), and notwithstanding any provision of this part or part B— (i) for any period of instruction beginning on or after July 1, 2012, a graduate or profess

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20 U.S.C. § 1087f — Contracts

**(a) Contracts for supplies and services** (1) **In general** — The Secretary shall, to the extent practicable, award contracts for origination, servicing, and collection described in subsection (b). In awarding such contracts, the Secretary shall ensure that such services and supplies are provided at competitive prices. (2) **Entities** — The entities with which the Secretary may enter into contracts shall include only entities which the Secretary determines are qualified to provide such services and supplies and will comply with the procedures applicable to the award of such contracts. In the case of awarding contracts for the origination, servicing, and collection of loans under this part, the Secretary shall enter into contracts only with entities that have extensive and relevant experience and demonstrated effectiveness. The entities with which the Secretary may enter into such contracts shall include, where practicable, agencies with agreements with the Secretary under sections 1078(b) and (c) of this title, if such agencies meet the qualifications as determined by the Secretary under this subsection and if those agencies have such experience and demonstrated effectiveness. In awarding contracts to such State agencies, the Secretary shall, to the extent practicable and consistent with the purposes of this part, give special consideration to State agencies with a history of high quality performance to perform services for institutions of higher education within their State. (3) **Rule of construction** — Nothing in this section shall be construed as a limitation of the authority of any State agency to enter into an agreement for the purposes of this section as a member of a consortium of State agencies. **(b) Contracts for origination, servicing, and data syst

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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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20 U.S.C. § 1098e — Income-based repayment

**(a) Definitions** In this section: (1) **Excepted PLUS loan** — The term “excepted PLUS loan” means a loan under [section 1078–2 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078-2&num=0&edition=prelim), or a Federal Direct PLUS Loan, that is made, insured, or guaranteed on behalf of a dependent student. (2) **Excepted consolidation loan** (A) *In general* — The term “excepted consolidation loan” means— (i) a consolidation loan under [section 1078–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078-3&num=0&edition=prelim), or a Federal Direct Consolidation Loan, if the proceeds of such loan were used to discharge the liability on an excepted PLUS loan; or (ii) a consolidation loan under [section 1078–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078-3&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078-3&num=0&edition=prelim), or a Federal Direct Consolidation Loan described in clause (i). (B) *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 July 4, 2025, and ending on June 30, 2028, was being repaid— (i) 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 June 30, 2023); or (ii) pursuant to another income driven repayment plan. (3) **Applicable amount** —

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20 U.S.C. § 1002 — Definition of institution of higher education for purposes of student assistance programs

**(a) Definition of institution of higher education for purposes of student assistance programs** (1) **Inclusion of additional institutions** — Subject to paragraphs (2) through (4) of this subsection, the term “institution of higher education” for purposes of subchapter IV includes, in addition to the institutions covered by the definition in [section 1001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim)— (A) a proprietary institution of higher education (as defined in subsection (b) of this section); (B) a postsecondary vocational institution (as defined in subsection (c) of this section); and (C) only for the purposes of part D of subchapter IV, an institution outside the United States that is comparable to an institution of higher education as defined in [section 1001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim) and that has been approved by the Secretary for the purpose of part D of subchapter IV, consistent with the requirements of [section 1087b(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087b/d&num=0&edition=prelim). (2) **Institutions outside the United States** (A) *In general* — For the purpose of qualifying as an institution under paragraph (1)(C), the Secretary shall establish criteria by regulation for the approval of institutions outside the United States and for the determination that such institutions are comparable to an institution of higher education as defined in [section 1001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim) (except that a graduate medical school, nursing schoo

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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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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

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