Section 1078–1 of this title, referred to in subsecs. (b)(2)(C), (5)(A)(ii) and (c)(6), (7), was repealed by Pub. L. 103–66, title IV, § 4047(b)–(d),
The date of enactment of this section, referred to in subsec. (b)(2)(I)(vii)(III)(bb)(AA), probably means the date of enactment of Pub. L. 112–74, which enacted subsec. (b)(2)(I)(vii) and was approved
The Adjustable Interest Rate (LIBOR) Act, referred to in subsec. (b)(2)(I)(viii)(II), is div. U of Pub. L. 117–103,
The effective date of this clause, referred to in subsec. (b)(2)(I)(viii)(III), probably means the date of enactment of Pub. L. 117–103, which was approved
The Servicemembers Civil Relief Act, referred to in subsec. (g), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, which was classified to section 501 et seq. of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as chapter 50 (§ 3901 et seq.) of Title 50. The parenthetical reference to “(50 U.S.C. App. 527)” relates to section 207 of the Act, which is now classified to section 3937 of Title 50. For complete classification of this Act to the Code, see Tables.
A prior section 1087–1, Pub. L. 89–329, title IV, § 438, as added Pub. L. 92–318, title I, § 132E(a),
A prior section 1087–1a, Pub. L. 96–374, title IV, § 420(b),
2022—Subsec. (b)(2)(I)(viii). Pub. L. 117–103 added cl. (viii).
2011—Subsec. (b)(2)(I)(i)(II). Pub. L. 112–74, § 309(e)(2)(A), substituted “the rate determined under subclause (I) (in accordance with clause (vii))” for “such average bond equivalent rate”.
Subsec. (b)(2)(I)(v)(III). Pub. L. 112–74, § 309(e)(2)(B), substituted “(iv), (vi), and (vii)” for “(iv), and (vi)”.
Subsec. (b)(2)(I)(vii). Pub. L. 112–74, § 309(e)(1), added cl. (vii).
2010—Subsec. (b)(2)(I). Pub. L. 111–152, § 2208(1)(A), which directed amendment of subpar. (I) “in the subclause heading” by inserting “, and before
Subsec. (b)(2)(I)(i). Pub. L. 111–152, § 2208(1)(B), inserted “and before
Subsec. (b)(2)(I)(ii)(II). Pub. L. 111–152, § 2208(1)(C), inserted “and before
Subsec. (b)(2)(I)(iii). Pub. L. 111–152, § 2208(1)(D), inserted “and before
Subsec. (b)(2)(I)(iv). Pub. L. 111–152, § 2208(1)(E), inserted “and that is disbursed before
Subsec. (b)(2)(I)(v)(I). Pub. L. 111–152, § 2208(1)(F), inserted “and before
Subsec. (b)(2)(I)(vi). Pub. L. 111–152, § 2208(1)(G), inserted “, and before
Subsec. (c)(2)(B)(iii) to (v). Pub. L. 111–152, § 2208(2)(A), inserted “and” after semicolon in cl. (iii), substituted period for “; and” at end of cl. (iv), and struck out cl. (v), which read as follows: “by substituting ‘0.0 percent’ for ‘3.0 percent’ with respect to loans for which the first disbursement of principal is made on or after
Subsec. (c)(6). Pub. L. 111–152, § 2208(2)(B), inserted “and first disbursed before
Subsec. (d)(2)(B). Pub. L. 111–152, § 2208(3), inserted “, and before
2009—Subsec. (b)(2)(A). Pub. L. 111–39, § 402(f)(11)(A), substituted “1077a(i)” for “1077a(f)”.
Subsec. (b)(2)(B)(i). Pub. L. 111–39, § 402(f)(11)(B), which directed substitution of “1986” for “1954” in the first sentence, could not be executed because “1954” did not appear in original text subsequent to amendment by Pub. L. 100–369. See 1988 Amendment note below.
Subsec. (b)(2)(F). Pub. L. 111–39, § 402(f)(11)(C), substituted “1077a(i)” for “1077a(f)”.
2008—Subsec. (g). Pub. L. 110–315 added subsec. (g).
2007—Subsec. (b)(2)(I)(i). Pub. L. 110–84, § 305(a)(1), substituted “the following clauses” for “clauses (ii), (iii), and (iv)”.
Subsec. (b)(2)(I)(ii)(II). Pub. L. 110–84, § 201(a)(2), substituted “section 1077a(l)(1) or (l)(4)” for “section 1077a(l)(1)”.
Subsec. (b)(2)(I)(v)(III). Pub. L. 110–84, § 305(a)(2), substituted “clauses (ii), (iii), (iv), and (vi)” for “clauses (ii), (iii), and (iv)”.
Subsec. (b)(2)(I)(vi). Pub. L. 110–84, § 305(a)(3), added cl. (vi).
Subsec. (b)(5). Pub. L. 110–84, § 302(b)(2), struck out concluding provisions which read as follows: “As used in this section, the term ‘eligible loan’ includes all loans subject to section 1078–9 of this title.”
Subsec. (d)(2). Pub. L. 110–84, § 305(b), amended par. (2) generally. Prior to amendment, text read as follows: “With respect to any loan under this part for which the first disbursement was made on or after
2006—Subsec. (b)(2)(B). Pub. L. 109–171, § 8013(d)(1), repealed Pub. L. 109–150, § 2(b), (c)(2). See 2005 Amendment note below.
Pub. L. 109–171, § 8013(c)(1), amended directory language of Pub. L. 108–409, § 2. See 2004 Amendment note below.
Subsec. (b)(2)(B)(iv). Pub. L. 109–171, § 8013(a)(1), struck out “and before
Subsec. (b)(2)(B)(v)(II)(aa), (bb). Pub. L. 109–171, § 8013(a)(2)(A), struck out “and before
Subsec. (b)(2)(B)(v)(II)(cc). Pub. L. 109–171, § 8013(a)(2)(B), struck out “, and before
Subsec. (b)(2)(B)(vi), (vii). Pub. L. 109–171, § 8013(b), added cls. (vi) and (vii).
Subsec. (b)(2)(I)(iii). Pub. L. 109–171, § 8006(b)(1)(A), struck out “, subject to clause (v) of this subparagraph” before period at end.
Subsec. (b)(2)(I)(iv). Pub. L. 109–171, § 8006(b)(1)(B), struck out “, subject to clause (vi) of this subparagraph” before period at end.
Subsec. (b)(2)(I)(v) to (vii). Pub. L. 109–171, § 8006(b)(1)(C), added cl. (v) and struck out former cls. (v) to (vii), which related to limitation on special allowances for plus loans before
Subsec. (c)(2). Pub. L. 109–171, § 8008(c)(1), reenacted par. heading, designated existing provisions as subpar. (A), inserted subpar. (A) heading, and added subpar. (B).
2005—Subsec. (b)(2)(B). Pub. L. 109–150, § 2(c)(2), which directed amendment of directory language of Pub. L. 108–409, § 2, was repealed by Pub. L. 109–171, § 8013(d)(1). See 2004 Amendment note and Effective Date of 2006 Amendment note below.
Subsec. (b)(2)(B)(iv), (v)(II). Pub. L. 109–150, § 2(b), which directed substitution of “
2004—Subsec. (b)(2)(B). Pub. L. 108–409, § 2, as amended by Pub. L. 109–171, § 8013(c)(1), substituted “this clause” for “this division” in cl. (i) and “clause (i) of this subparagraph” for “division (i) of this subparagraph” in cl. (ii), inserted “or refunded after
2002—Subsec. (b)(2)(I). Pub. L. 107–139, § 2(1), struck out “
Subsec. (b)(2)(I)(i). Pub. L. 107–139, § 2(2), struck out “and before
Subsec. (b)(2)(I)(ii). Pub. L. 107–139, § 2(3), added cl. (ii) and struck out heading and text of former cl. (ii). Text read as follows: “In the case of any loan for which the first disbursement is made on or after
Subsec. (b)(2)(I)(iii). Pub. L. 107–139, § 2(2), (4), struck out “and before
Subsec. (b)(2)(I)(iv). Pub. L. 107–139, § 2(2), (5), inserted “or (l)(3)” after “section 1077a(k)(4)” and struck out “and before
Subsec. (b)(2)(I)(v). Pub. L. 107–139, § 2(6), inserted “
Subsec. (b)(2)(I)(vi). Pub. L. 107–139, § 2(2), (7), in introductory provisions, struck out “and before
Subsec. (b)(2)(I)(vii). Pub. L. 107–139, § 2(8), added cl. (vii).
1999—Subsec. (b)(2)(A). Pub. L. 106–170, § 409(a)(1), substituted “(G), (H), and (I)” for “(G), and (H)” in first sentence.
Subsec. (b)(2)(B)(iv). Pub. L. 106–170, § 409(a)(2), substituted “(G), (H), or (I)” for “(G), or (H)” in first sentence.
Subsec. (b)(2)(C)(ii). Pub. L. 106–170, § 409(a)(3), substituted “(G), (H), and (I)” for “(G) and (H)” in introductory provisions.
Subsec. (b)(2)(H). Pub. L. 106–170, § 409(a)(4), (5), substituted “
Subsec. (b)(2)(I). Pub. L. 106–170, § 409(a)(6), added subpar. (I).
1998—Subsec. (b)(2)(A). Pub. L. 105–244, § 416(b)(3)(A), substituted “(F), (G), and (H)” for “(F), and (G)”.
Pub. L. 105–178, § 8301(b)(2)(A), substituted “(E), (F), and (G)” for “(E), and (F)”.
Subsec. (b)(2)(B)(iv). Pub. L. 105–244, § 416(b)(3)(B), substituted “(F), (G), or (H)” for “(F), or (G)”.
Pub. L. 105–178, § 8301(b)(2)(B), substituted “(E), (F), or (G)” for “(E), or (F)”.
Subsec. (b)(2)(C)(ii). Pub. L. 105–244, § 416(b)(3)(C), substituted “subparagraphs (G) and (H)” for “subparagraph (G)”.
Pub. L. 105–178, § 8301(b)(2)(C), substituted “Subject to subparagraph (G), in the case” for “In the case”.
Subsec. (b)(2)(G). Pub. L. 105–178, § 8301(b)(1), added subpar. (G).
Subsec. (b)(2)(H). Pub. L. 105–244, § 416(b)(1), added subpar. (H).
Subsec. (c)(1). Pub. L. 105–244, § 433(a), amended heading and text of par. (1) generally. Prior to amendment, text read as follows: “Notwithstanding subsection (b) of this section, the total amount of interest and special allowance payable under section 1078(a)(3)(A) of this title and subsection (b) of this section, respectively, to any holder shall be reduced by the Secretary by the amount which the lender is authorized to charge as an origination fee in accordance with paragraph (2) of this subsection. If the total amount of interest and special allowance payable under section 1078(a)(3)(A) of this title and subsection (b) of this section, respectively, is less than the amount the lender was authorized to charge borrowers for origination fees in that quarter, the Secretary shall deduct the excess amount from the subsequent quarters’ payments until the total amount has been deducted.”
Subsec. (c)(2). Pub. L. 105–244, § 433(b)(1), substituted “(including loans made under section 1078–8 of this title, but excluding” for “(other than” and inserted at end “Except as provided in paragraph (8), a lender that charges an origination fee under this paragraph shall assess the same fee to all student borrowers.”
Subsec. (c)(8). Pub. L. 105–244, § 433(b)(2), added par. (8).
Subsec. (d)(1). Pub. L. 105–244, § 433(c), amended heading and text of par. (1) generally. Prior to amendment, text read as follows: “Notwithstanding subsection (b) of this section, the Secretary shall reduce the total amount of interest and special allowance payable under section 1078(a)(3)(A) of this title and subsection (b) of this section, respectively, to any holder of a loan by a loan fee in an amount determined in accordance with paragraph (2) of this subsection. If the total amount of interest and special allowance payable under section 1078(a)(3)(A) of this title and subsection (b) of this section, respectively, is less than the amount of such loan fee, then the Secretary shall deduct such excess amount from subsequent quarters’ payments until the total amount has been deducted.”
Subsec. (e). Pub. L. 105–244, § 433(d)(1), amended heading and text of subsec. (e) generally. Prior to amendment, subsec. (e) related to lending from proceeds of tax exempt obligations.
1993—Subsec. (b)(2)(A). Pub. L. 103–66, § 4111(1), substituted “subparagraphs (B), (C), (D), (E), and (F)” for “subparagraphs (B), (C), and (D)” and “section 1077a(f)” for “section 1077a(e)”.
Subsec. (b)(2)(B)(iv). Pub. L. 103–66, § 4105, added cl. (iv).
Subsec. (b)(2)(E), (F). Pub. L. 103–66, § 4111(2), added subpars. (E) and (F).
Subsec. (c). Pub. L. 103–66, § 4102(a)(1), inserted “from students” after “origination fees” in heading.
Subsec. (c)(2). Pub. L. 103–66, § 4102(a)(2)(A), substituted “sections 1078–3 and 1087–2(o)” for “sections 1078–1, 1078–2, 1078–3, and 1087–2(o)” and “3.0 percent” for “5 percent”.
Subsec. (c)(6). Pub. L. 103–66, § 4102(a)(2)(B), substituted “3.0 percent” for “5 percent”.
Subsecs. (d) to (f). Pub. L. 103–66, § 4103, added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.
1992—Subsec. (b)(2)(A). Pub. L. 102–325, § 430(a)(1), (2), substituted “3.10” for “3.25” and inserted at end “If such computation produces a number less than zero, such loans shall be subject to section 1077a(e) of this title.”
Subsec. (b)(2)(B)(i). Pub. L. 102–325, § 430(a)(3), substituted “3.10” for “3.25”.
Subsec. (b)(2)(B)(ii). Pub. L. 102–325, § 430(a)(4), added cl. (ii) and struck out former cl. (ii) which read as follows: “The rate set under division (i) shall not be less than (I) 2.5 percent per year in the case of loans for which the applicable interest rate is 7 percent per year, (II) 1.5 percent per year in the case of loans for which the applicable interest rate is 8 percent per year, or (III) 0.5 percent in the case of loans for which the applicable rate is 9 percent per year.”
Subsec. (b)(2)(C). Pub. L. 102–325, § 430(a)(5), designated existing provision as cl. (i), inserted “before
Subsec. (b)(2)(D)(i). Pub. L. 102–325, § 430(a)(6), substituted “3.10” for “3.25”.
Subsec. (b)(5). Pub. L. 102–325, § 430(c), inserted closing provision which defined “eligible loan” as used in this section to include all loans subject to section 1078–9 of this title.
Subsec. (b)(5)(A)(ii). Pub. L. 102–325, § 430(b), inserted “1078–8,” after “1078–3,”.
Subsec. (c)(2). Pub. L. 102–325, § 430(d)(1), substituted “Subject to paragraph (6) of this subsection, with” for “With”.
Subsec. (c)(6), (7). Pub. L. 102–325, § 430(d)(2), added pars. (6) and (7).
Subsec. (d)(2)(C). Pub. L. 102–325, § 430(e), struck out “or discount” after “premium”.
1988—Subsecs. (b)(2)(B)(i), (d)(1), (3). Pub. L. 100–369 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
1987—Subsec. (b)(2)(B)(iii). Pub. L. 100–50, § 10(bb)(1), substituted “subsection (d) of this section” for “subsection (c) of this section”.
Subsec. (b)(2)(C). Pub. L. 100–50, § 10(d)(2), substituted “12 percent” for “12.5 percent”.
Subsec. (b)(7). Pub. L. 100–50, § 10(bb)(2), added par. (7).
Subsec. (d)(4)(C). Pub. L. 100–50, § 10(cc), struck out “, as evidenced by the information submitted under paragraph (2)(G) of this subsection” after “fiscal year”.
Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (
Amendment by Pub. L. 110–315 effective for loans for which the first disbursement is made on or after
Amendment by sections 201(a)(2) and 305 of Pub. L. 110–84 effective
Amendment by section 302(b)(2) of Pub. L. 110–84 effective
Amendment by Pub. L. 109–171 effective
Pub. L. 109–171, title VIII, § 8006(b)(2),
Pub. L. 109–171, title VIII, § 8013(c)(3),
Pub. L. 109–171, title VIII, § 8013(d)(2),
Pub. L. 109–150, § 2(d),
Pub. L. 106–170, title IV, § 409(b),
Amendment by section 416(b)(1) and (3) of Pub. L. 105–244 applicable with respect to any loan made, insured, or guaranteed under this part for which the first disbursement is made on or after
Amendment by section 433(a)–(c) of Pub. L. 105–244 effective
Pub. L. 105–244, title IV, § 433(d)(2),
Amendment by section 4102(a) of Pub. L. 103–66 effective
Amendment by Pub. L. 102–325 applicable with respect to loans for which first disbursement is made on or after
Amendment by Pub. L. 100–50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99–498, see section 27 of Pub. L. 100–50, set out as a note under section 1001 of this title.
Section effective