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20 U.S.C. 1085: Definitions for student loan insurance program

Created in 1986 by Public Law 89-329. Changed by 20 later laws. No bill we track in this Congress changes it.

23 other sections of the Code cite this one, including 2 U.S.C. 1602, 20 U.S.C. 1015a, 20 U.S.C. 1019, 20 U.S.C. 1019a, 20 U.S.C. 1071.

1 part of federal rules cite it as their authority, written by Office of Postsecondary Education, Department of Education (1).

This Congress

No bill we track in the 119th Congress changes this section.

    How it got here

    2010

    • Pub. L. 111–152 substituted "one-half the Federal Pell Grant amount, determined under section 1070a(b)(2)(A) of this title, for which a student would be eligible" for "one-half the maximum Federal Pell Grant award for which a student would be eligible". (Health Care and Education Reconciliation Act of 2010) Law text · (a)

    2009

    • Pub. L. 111–39, §402(f)(10)(A), substituted "a tribally controlled college or university, as defined in section 1801(a)(4) of title 25" for "a tribally controlled community college within the meaning of section 1801(a)(4) of title 25". Law text · (a)
    • Pub. L. 111–39, §402(f)(10)(B)(i), substituted "section 501(a) of such title" for "section 501(1) of such title" in subpar. (A)(ii)(III) and "sections 1078–2(d) and 1078–3 of this title," for "sections 1078–1(d), 1078–2(d), and 1078–3 of this title," in subpar (G). Law text · (d)
    • Pub. L. 111–39, §402(f)(10)(B)(ii), (iii), made technical amendment to reference in original act which appears in text as reference to subsec. (m). Law text · (d), (3)
    • Pub. L. 111–39, §402(f)(10)(B)(iv), substituted "to any institution of higher education, any employee of an institution of higher education, or any individual or entity in order to secure applicants for loans under this part" for "to any institution of higher education or any emp… Law text · (d)
    • Pub. L. 111–39, §402(b)(2), inserted "or 1092(l)" after "section 1092(b)". Law text · (d), (F)
    • Pub. L. 111–39, §402(f)(10)(C), made technical amendment to reference in original act which appears in text as reference to section 9902(2) of title 42. Law text · (o)
    • Pub. L. 111–39, §402(f)(10)(D), made technical amendment to reference in original act which appears in text as reference to section 1141 of this title. Law text · (p)

    2008

    • Pub. L. 110–315, §436(a)(1)(A)(i), substituted "paragraph (5)" for "paragraph (4)". (Higher Education Opportunity Act) Law text · (a)
    • Pub. L. 110–315, §436(a)(1)(A)(ii), added cls. (iii) and (iv) and struck out former cl. (iii) which read as follows: "25 percent for any succeeding fiscal year." (Higher Education Opportunity Act) Law text · (a), (iv)
    • Pub. L. 110–315, §436(a)(1)(B)–(E), added pars. (3) and (7), redesignated former pars. (3), (4), (5), and (6), as (4), (5), (6), and (8), respectively, and, in introductory provisions of par. (5)(A), substituted "For purposes of this subsection, an institution of higher educa… (Higher Education Opportunity Act) Law text · (a)
    • Pub. L. 110–315, §436(a)(1)(F), substituted "0.0625" for "0.0375". (Higher Education Opportunity Act) Law text · (a)
    • Pub. L. 110–315, §436(b), substituted "part, (III)" for "part, or (III)" and inserted ", or (IV) it is a National or State chartered bank, or a credit union, with assets of less than $1,000,000,000" before semicolon at end. (Higher Education Opportunity Act) Law text · (d)
    • Pub. L. 110–315, §438(a)(3), substituted "and 1078–3" for "1078–3, and 1087–2(q)". (Higher Education Opportunity Act) Law text · (d)
    • Pub. L. 110–315, §436(c), amended par. (5) generally. Prior to amendment, par. (5) related to disqualification for use of certain incentives. (Higher Education Opportunity Act) Law text · (d)
    • Pub. L. 110–315, §436(d), added par. (8). (Higher Education Opportunity Act) Law text · (d)
    • Pub. L. 110–315, §436(e)(1)(A)(i), substituted "end of the second fiscal year following the fiscal year in which the students entered repayment" for "end of the following fiscal year" in first sentence. (Higher Education Opportunity Act) Law text · (m)
    • Pub. L. 110–315, §436(e)(1)(A)(ii), substituted "such second fiscal year" for "such fiscal year". (Higher Education Opportunity Act) Law text · (m)
    • Pub. L. 110–315, §436(e)(1)(A)(iii), substituted "end of the second fiscal year following the year in which they entered repayment" for "end of the fiscal year immediately following the year in which they entered repayment". (Higher Education Opportunity Act) Law text · (m)
    • Pub. L. 110–315, §436(e)(1)(B), substituted "end of the second fiscal year following the year in which the loan entered repayment is not considered as in default for purposes of this subsection" for "end of such following fiscal year is not considered as in default for the purpos… (Higher Education Opportunity Act) Law text · (m)
    • Pub. L. 110–315, §436(e)(1)(C)(i), substituted "Collection and reporting of cohort default rates and life of cohort default rates" for "Collection and reporting of cohort default rates" in heading. (Higher Education Opportunity Act) Law text · (m)
    • Pub. L. 110–315, §436(e)(1)(C)(ii), amended subpar. (A) generally. Prior to amendment, text read as follows: "The Secretary shall collect data from all insurers under this part and shall publish not less often than once every fiscal year a report showing default data for each cat… (Higher Education Opportunity Act) Law text · (m)

    2007

    • Pub. L. 110–84, §304(1)(A), substituted "150 percent of the poverty line applicable to the borrower's family size" for "100 percent of the poverty line for a family of 2" and inserted "or" after semicolon at end. (College Cost Reduction and Access Act) Law text · (o)
    • Pub. L. 110–84, §304(1)(B), (C), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: "such borrower is working full-time and has a Federal educational debt burden that equals or exceeds 20 percent of such borrower's adjusted gross income,… (College Cost Reduction and Access Act) Law text · (o), (C)
    • Pub. L. 110–84, §304(2), substituted "(1)(B)" for "(1)(C)". (College Cost Reduction and Access Act) Law text · (o)
    • Pub. L. 110–84, §304(3), added subsec. (p). (College Cost Reduction and Access Act) Law text · (p)
    • Pub. L. 110–109, §4(1), added subpar. (D) and struck out former subpar. (D) which read as follows: "a trustee acting as an eligible lender on behalf of a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C)." Law text · (p)
    • Pub. L. 110–109, §4(2)(A), added subcl. (II) and struck out former subcl. (II) which read as follows: "is a trustee acting as an eligible lender under this chapter on behalf of such a State, political subdivision, authority, agency, instrumentality, or other entity describ… Law text · (p)
    • Pub. L. 110–109, §4(2)(B), inserted "of" after "waive the requirements". Law text · (p)
    • Pub. L. 110–109, §4(2)(C), reenacted heading without change and amended text of subpar. (B) generally. Prior to amendment, text read as follows: "No political subdivision, authority, agency, instrumentality, or other entity described in paragraph (1)(A), (B), or (C) shall be an e… Law text · (p)
    • Pub. L. 110–109, §4(2)(D), reenacted heading without change and amended text of subpar. (C) generally. Prior to amendment, text read as follows: "No State, political subdivision, authority, agency, instrumentality, or other entity described in paragraph (1)(A), (B), or (C) shall … Law text · (p)
    • Pub. L. 110–109, §4(2)(E), substituted "a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C) of paragraph (1), regardless of whether such State, political subdivision, authority, agency, instrumentality, or… Law text · (p)
    • Pub. L. 110–109, §4(2)(F), reenacted heading without change and amended text of subpar. (E) generally. Prior to amendment, text read as follows: "For purposes of subparagraphs (B), (C), and (D) of this paragraph, a State, political subdivision, authority, agency, instrumentality,… Law text · (p)

    2006

    • Pub. L. 109–171 amended heading and text of par. (2) generally. Prior to amendment, text read as follows: "To be an eligible lender under this part, an eligible institution— (Deficit Reduction Act of 2005) Law text · (d)
    • Pub. L. 109–292 added par. (7). (Third Higher Education Extension Act of 2006) Law text · (d)

    2000

    • Pub. L. 106–554, §1(a)(1) [title III, §308(a)], added subpar. (D). (Consolidated Appropriations Act, 2001) Law text · (a)
    • Pub. L. 106–554, §1(a)(1) [title III, §312(1)], substituted "July 1, 2004," for "July 1, 2002,". (Consolidated Appropriations Act, 2001) Law text · (a)
    • Pub. L. 106–554, §1(a)(1) [title III, §312(2)], substituted "1999 through 2003" for "1999, 2000, and 2001" in introductory provisions. (Consolidated Appropriations Act, 2001) Law text · (a)

    1998

    • Pub. L. 105–244, §102(b)(2), substituted "section 1002" for "section 1088". (Higher Education Amendments of 1998) Law text · (a)
    • Pub. L. 105–244, §429(a)(1)(A)(i), (ii), struck out "or" at end of cl. (i), added cls. (ii) and (iii), and struck out former cl. (ii) which read as follows: "there are, in the judgment of the Secretary, exceptional mitigating circumstances that would make the application of this … (Higher Education Amendments of 1998) Law text · (a)
    • Pub. L. 105–244, §429(a)(1)(A)(iii), inserted at end of concluding provisions "If an institution continues to participate in a program under this part, and the institution's appeal of the loss of eligibility is unsuccessful, the institution shall be required to pay to the Secretary an amount equal … (Higher Education Amendments of 1998) Law text · (a)
    • Pub. L. 105–244, §429(a)(1)(B), substituted "July 1, 1999," for "July 1, 1998," in introductory provisions. (Higher Education Amendments of 1998) Law text · (a)
    • Pub. L. 105–244, §901(d), made technical amendment to reference in original act which appears in text as reference to section 1801(a)(4) of title 25. (Higher Education Amendments of 1998) Law text · (a)
    • Pub. L. 105–244, §429(a)(2), in concluding provisions, inserted "for a reasonable period of time, not to exceed 30 days," after "access" and substituted "used by a guaranty agency in determining whether to pay a claim on a defaulted loan or by the Department in determining an instit… (Higher Education Amendments of 1998) Law text · (a)
    • Pub. L. 105–244, §429(a)(3), added pars. (4) to (6). (Higher Education Amendments of 1998) Law text · (a)
    • Pub. L. 105–244, §429(b)(1)(A), added subcl. (III). (Higher Education Amendments of 1998) Law text · (d)
    • Pub. L. 105–244, §429(b)(1)(B)–(D), added subpar. (K). (Higher Education Amendments of 1998) Law text · (d)
    • Pub. L. 105–244, §429(b)(2), inserted concluding provisions. (Higher Education Amendments of 1998) Law text · (d)
    • Pub. L. 105–244, §429(c)(1), substituted "270 days" for "180 days" and "330 days" for "240 days". (Higher Education Amendments of 1998) Law text · (l)
    • Pub. L. 105–244, §429(d)(1), substituted "insurance. In considering appeals with respect to cohort default rates pursuant to subsection (a)(3), the Secretary shall exclude, from the calculation of the number of students who entered repayment and from the calculation of the number… (Higher Education Amendments of 1998) Law text · (m)
    • Pub. L. 105–244, §429(d)(2), inserted at end "The Secretary may require guaranty agencies to collect data with respect to defaulted loans in a manner that will permit the identification of any defaulted loan for which (i) the borrower is currently making payments and has made not… (Higher Education Amendments of 1998) Law text · (m)
    • Pub. L. 105–244, §429(d)(3), added subpar. (D). (Higher Education Amendments of 1998) Law text · (m)

    1996

    • Pub. L. 104–208, §101(e) [title VI, §602(b)(1)(A)(i)], inserted "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," after "Student Loan Marketing Association". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (d)
    • Pub. L. 104–208, §101(e) [title VI, §602(b)(1)(A)(ii)], inserted "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" after "Student Loan Marketing Association". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (d)

    1994

    • Pub. L. 103–235 substituted "July 1, 1998" for "July 1, 1994". · (a)
    • Pub. L. 103–382, §357(1)–(3), struck out "or" at end of subpar. (A), added subpar. (B), and redesignated former subpar. (B) as (C). · (o)
    • Pub. L. 103–382, §357(4), substituted "(1)(C)" for "(1)(B)". · (o)

    1993

    • Pub. L. 103–208, §2(c)(55), added par. (3). · (a)
    • Pub. L. 103–66, §4106(b)(1), in par. (1) substituted "through (6)" for "through (5)" in introductory provisions. · (d)
    • Pub. L. 103–208, §2(c)(57), realigned margins of closing provisions. · (d)
    • Pub. L. 103–208, §2(c)(56), substituted "lender;" for "lender; and". · (d)
    • Pub. L. 103–208, §2(c)(58), substituted "subsection (m)" for "subsection (o)". · (d)
    • Pub. L. 103–66, §4106(b)(2), added par. (6). · (d)
    • Pub. L. 103–66, §4046(b)(1)(C), which directed the insertion in par. (1)(D) of "(or the portion of a loan made under section 1078–3 of this title that is used to repay a loan made under such section)" after "section 1078–1 of this title" the first place it appears, and "(or a loan m… · (m)
    • Pub. L. 103–208, §2(c)(60)(A), inserted at end "The Secretary shall require that each guaranty agency that has insured loans for current or former students of the institution afford such institution a reasonable opportunity (as specified by the Secretary) to review and correct er… · (m)
    • Pub. L. 103–208, §2(c)(59), substituted "section 1078, 1078–1, or 1078–8" for "section 1078 or 1078–1". · (m)
    • Pub. L. 103–66, §4046(b)(1)(A), inserted "(or on the portion of a loan made under section 1078–3 of this title that is used to repay any such loans)" after "on such loans". · (m)
    • Pub. L. 103–208, §2(c)(60)(B), substituted "and, in considering appeals with respect to cohort default rates pursuant to subsection (a)(3) of this section, exclude any loans which, due to improper servicing or collection, would, as demonstrated by the evidence submitted in suppor… · (m)
    • Pub. L. 103–66, §4046(b)(1)(B), inserted "(or on the portion of a loan made under section 1078–3 of this title that is used to repay any such loans)" after "on such loans". · (m)
    • Pub. L. 103–208, §2(c)(61), inserted "(or the portion of a loan made under section 1078–3 of this title that is used to repay a loan made under section 1078–1 of this title)" after "in accordance with section 1078–1 of this title", and "(or a loan made under section 1078–3 of thi… · (m)
    • Pub. L. 103–208, §2(c)(62), added par. (4). · (m)

    1992

    • Pub. L. 102–325, §427(a)(1), added par. (1) and struck out former par. (1) which read as follows: "Subject to subsection (n) of this section, the term 'eligible institution' means— · (a)
    • Pub. L. 102–325, §427(a)(3), struck out "and" at end of subpar. (B)(i), substituted "fiscal year 1993; and" for "any succeeding fiscal year." in subpar. (B)(ii), and added subpar. (B)(iii). · (a)
    • Pub. L. 102–325, §427(a)(1), (2), redesignated par. (3) as (2) and struck out former par. (2) which required Secretary to establish criteria for qualifying foreign medical schools as "eligible institutions". · (a)
    • Pub. L. 102–325, §427(a)(2), redesignated par. (3) as (2). · (a)
    • Pub. L. 102–325, §427(b)(1), struck out subsec. (b) which defined "institution of higher education". · (b)
    • Pub. L. 102–325, §427(c), struck out subsec. (c) which defined "vocational school". · (c)
    • Pub. L. 102–325, §427(d)(1), in introductory provisions, struck out "a trust company," after "stock savings bank," and in cl. (ii), inserted at end of subcl. (I) "or a bank which is subject to examination and supervision by an agency of the United States, makes student loans as a… · (d)
    • Pub. L. 102–325, §427(d)(2), added subpars. (E) and (F). · (d), (F)
    • Pub. L. 102–325, §427(e), inserted "servicing and" before "collection practices". · (f)
    • Pub. L. 102–325, §427(f), struck out subsec. (g) which defined "temporarily totally disabled" and subsec. (h) which defined "parental leave". · (g), (h)
    • Pub. L. 102–325, §427(g), amended subsec. (m) generally, revising and restating as pars. (1) to (3) provisions formerly contained in a single paragraph. · (m)
    • Pub. L. 102–325, §427(f), struck out subsec. (n) which related to impact of loss of accreditation on certification or recertification as an eligible institution. · (n)
    • Pub. L. 102–325, §416(e)(2), added subsec. (o). · (o)

    1991

    • Pub. L. 102–26 substituted "or who are beyond the age of compulsory school attendance in the State in which the institution is located" for "and who have the ability to benefit (as determined by the institution under section 1088(d) of this title) from the training offered by such i… · (c)

    1990

    • Pub. L. 101–508 added par. (3). · (a)
    • Pub. L. 101–542, §301(1), substituted "Except as provided in subsection (m), the term" for "The term". · (l)
    • Pub. L. 101–542, §301(2), inserted after first sentence "In determining the number of students who default before the end of such fiscal year, the Secretary shall include only loans for which the Secretary or a guaranty agency has paid claims for insurance, and, in calculating the coho… · (m)

    1989

    • Pub. L. 101–239, §2007(a)(1), substituted "Subject to subsection (n) of this section, the term" for "The term". · (a)
    • Pub. L. 101–239, §2003(a)(2), added subsec. (m). · (m)
    • Pub. L. 101–239, §2007(a)(2), added subsec. (n). · (n)

    1987

    • Pub. L. 100–50, §10(aa)(1), inserted ", or in the case of a hospital or health care facility, which provides training of not less than one year for graduates of accredited health professions programs, leading to a degree or certificate upon completion of such training" before semico… · (b)
    • Pub. L. 100–50, §10(aa)(2), added subpar. (J). · (d)
    • Pub. L. 100–50, §10(aa)(3), added subpars. (C) and (D) and inserted concluding provision that the requirements of subpars. (C) and (D) not apply with respect to loans made, and loan commitments made, after Oct. 17, 1986, and prior to July 1, 1987. · (d)
    • Pub. L. 100–50, §10(aa)(4), added par. (2) and struck out former par. (2) which read as follows: "Such term when used with respect to the disabled dependent of a single parent borrower means a dependent who, by reason of injury or illness, cannot be expected to be able to attend sch… · (g)
    • Pub. L. 100–50, §10(aa)(5), struck out "Definition of" before "Parental" in heading. · (h)

    Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.