The law › Title 20, Education › Chapter 28
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
Created in 1986 by Public Law 89-329. Changed by 7 later laws. No bill we track in this Congress changes it.
20 other sections of the Code cite this one, including 10 U.S.C. 510, 10 U.S.C. 1598, 10 U.S.C. 2145, 10 U.S.C. 2193, 10 U.S.C. 4703.
3 parts of federal rules cite it as their authority, written by Office of Postsecondary Education, Department of Education (2), Fiscal Service, Department of the Treasury (1).
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2019
- Pub. L. 116–91 added par. (3). (Fostering Undergraduate Talent by Unlocking Resources for Education Act" or the "FUTURE Act) Law text · (a)
2009
- Pub. L. 111–39 substituted "Secretary), or if" for "Secretary),, or if" in introductory provisions and inserted "the reinstatement and resumption to be" after "determines" in subpar. (B). Law text · (a)
2008
- Pub. L. 110–315, §437(a)(3), which directed insertion of "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 Secretar… (Higher Education Opportunity Act) Law text · (a)
- Pub. L. 110–315, §437(a)(1), (2), designated existing provisions as par. (1), inserted par. (1) heading, and inserted ", 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 impairmen… (Higher Education Opportunity Act) Law text · (a)
- Pub. L. 110–315, §437(b), added par. (2). (Higher Education Opportunity Act) Law text · (a)
- Pub. L. 110–315, §103(b)(7), substituted "authorizing committees" for "Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate". (Higher Education Opportunity Act) Law text · (c)
- Pub. L. 110–315, §432(b)(4), substituted "consumer reporting agencies" for "credit bureaus". (Higher Education Opportunity Act) Law text · (c)
2006
- Pub. L. 109–171, §8012(1), in section catchline, substituted "schools that fail to provide a refund, attending closed schools, or falsely certified as eligible to borrow" for "closed schools or falsely certified as eligible to borrow". (Deficit Reduction Act of 2005) Law text
- Pub. L. 109–171, §8012(2), inserted "or was falsely certified as a result of a crime of identity theft" after "falsely certified by the eligible institution" in first sentence. (Deficit Reduction Act of 2005) Law text · (c)
1998
- Pub. L. 105–244 inserted "or if the institution failed to make a refund of loan proceeds which the institution owed to such student's lender," after "falsely certified by the eligible institution," and inserted at end "In the case of a discharge based upon a failure to refund, the a… (Higher Education Amendments of 1998) Law text · (c)
1993
- Pub. L. 103–208, §2(c)(63), amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: "If the collection of a loan described in subparagraph (A) or (B) of section 1078(a)(1) of this title or sections 1078–1, 1078–2, 1078–3, or 1078–8 of this title is … · (b)
- Pub. L. 103–208, §2(c)(64), substituted "If a borrower" for "If a student borrower", "under this part and the student borrower, or the student on whose behalf a parent borrowed, is unable" for "under this part is unable", and "in which such student is enrolled" for "in which the bor… · (c)
- Pub. L. 103–208, §2(c)(65), inserted at end "The amount discharged under this subsection shall be treated the same as loans under section 1087ee(a)(5) of this title." · (c)
1992
- Pub. L. 102–325 amended section generally, substituting subsecs. (a) to (d) for former subsecs. (a) and (b) which related to repayment by Secretary of loans of bankrupt, deceased, or disabled borrowers.
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.