20 U.S.C. § 1078–7

Editorial Notes

References in Text

section 422(d) of Pub. L. 105–244Section 422(d) of the Higher Education Amendments of 1998, referred to in subsecs. (a)(3) and (b)(1), is , set out as an Effective and Termination Dates of 1998 Amendment note below.

Section 1078–1 of this titlePub. L. 103–66, title IV, § 4047(b)Aug. 10, 1993107 Stat. 364 July 1, 1994Aug. 10, 1993Pub. L. 105–244, title IV, § 418Oct. 7, 1998112 Stat. 1691 , referred to in subsec. (c)(2), was repealed by –(d), , , eff. , except with respect to loans provided under that section as it existed prior to . Subsequently, a new section 1078–1, relating to voluntary flexible agreements with guaranty agencies, was enacted by , , .

Codification

Pub. L. 105–244, § 422(a)Pub. L. 109–171, § 8010(1)Text of subsec. (a)(3) and second sentence of subsec. (b)(1), which was temporarily added by , (b), and then omitted, was restored pursuant to amendment by , (2). See 1998 and 2006 Amendment notes and Effective and Termination Dates of 1998 Amendment note below.

Amendments

Pub. L. 111–39, § 402(f)(4)(A)2009—Subsec. (c)(1). , substituted “section 1078(a)(2)(A)(i)(II)” for “section 1078(a)(2)(A)(i)(III)”.

Pub. L. 111–39, § 402(f)(4)(B)Subsec. (c)(3). , added par. (3) and struck out former par. (3) which read as follows: “notwithstanding subsection (a)(2) of this section, may, with the permission of the borrower, be disbursed by the lender on a weekly or monthly basis, provided that the proceeds of the loan are disbursed in substantially equal weekly or monthly installments, as the case may be, over the period of enrollment for which the loan is made.”

Pub. L. 110–315, § 427(a)2008—Subsec. (a)(4). , added par. (4).

Pub. L. 110–315, § 427(b)Subsec. (b)(3). , added par. (3).

Pub. L. 109–171, § 8010(1)February 8, 20062006—Subsec. (a)(3). , inserted “Notwithstanding section 422(d) of the Higher Education Amendments of 1998, this paragraph shall be effective beginning .” at end. See Codification note above and Effective and Termination Dates of 1998 Amendment note below.

Pub. L. 109–171, § 8010(2)February 8, 2006Subsec. (b)(1). , inserted “Notwithstanding section 422(d) of the Higher Education Amendments of 1998, the second sentence of this paragraph shall be effective beginning .” at end. See Codification note above and Effective and Termination Dates of 1998 Amendment note below.

Pub. L. 109–171, § 8010(3)section 1078–3 of this titleSubsec. (e). , struck out “, made to a student to cover the cost of attendance at an eligible institution outside the United States” after “”.

Pub. L. 105–244, § 422(a)section 1085(m) of this title1998—Subsec. (a)(3). , (d), temporarily added par. (3) which read as follows: “An institution whose cohort default rate (as determined under ) for each of the 3 most recent fiscal years for which data are available is less than 10 percent may disburse any loan made, insured, or guaranteed under this part in a single installment for any period of enrollment that is not more than 1 semester, 1 trimester, 1 quarter, or 4 months.” See Codification note and 2006 Amendment note above and Effective and Termination Dates of 1998 Amendment note below.

Pub. L. 105–244, § 422(b)section 1085(m) of this titleSubsec. (b)(1). , (d), temporarily inserted at end “An institution whose cohort default rate (as determined under ) for each of the three most recent fiscal years for which data are available is less than 10 percent shall be exempt from the requirements of this paragraph.” See Codification note and 2006 Amendment note above and Effective and Termination Dates of 1998 Amendment note below.

Pub. L. 105–244, § 422(c)section 1085(m) of this titleSubsec. (e). , substituted “, made to a student” for “or made to a student” and inserted before the period at end “, or made to a student to cover the cost of attendance in a program of study abroad approved by the home eligible institution if the home eligible institution has a cohort default rate (as calculated under ) of less than 5 percent”.

Pub. L. 103–2081993—Subsec. (c)(3). directed the substitution of “disbursed by the lender” for “disbursed” and was executed by making the substitution the first place “disbursed” appeared, to reflect the probable intent of Congress.

Pub. L. 103–66Subsec. (e). substituted “consolidation” for “PLUS, consolidation,” in heading and “section 1078–3” for “section 1078–2 or 1078–3” in text.

Pub. L. 102–325, § 421(a)1992—Subsec. (c)(3). , added par. (3).

Pub. L. 102–325, § 421(b)section 1087–53(b)(4) of this titleSubsec. (d)(2). , inserted “, except that overawards permitted pursuant to shall not be construed to be overawards for purposes of this paragraph” before period at end of first sentence.

Pub. L. 102–325, § 421(c)Subsec. (g). , added subsec. (g).

Pub. L. 101–508section 1078–1 of this title1990—Subsec. (b)(1). amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The first installment of the proceeds of any loan made under that is made to a student borrower who has not successfully completed the first year of a program of undergraduate education shall not (regardless of the amount of such loan or the duration of the period of enrollment) be presented by the institution to the student for endorsement until—

“(A) 30 days after the borrower begins a course of study; and

“(B) the institution certifies that the borrower continues to be enrolled and in attendance at the end of such 30-day period, and is maintaining satisfactory progress;

but may be disbursed to the eligible institution prior to the end of such 30-day period.”

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Pub. L. 111–39Pub. L. 110–315Aug. 14, 2008section 3 of Pub. L. 111–39section 1001 of this titleAmendment by effective as if enacted on the date of enactment of (), see , set out as a note under .

Effective Date of 2006 Amendment

Pub. L. 109–171July 1, 2006section 8001(c) of Pub. L. 109–171section 1002 of this titleAmendment by effective , except as otherwise provided, see , set out as a note under .

Effective and Termination Dates of 1998 Amendment

section 422(c) of Pub. L. 105–244Oct. 1, 1998Pub. L. 105–244section 3 of Pub. L. 105–244section 1001 of this titleAmendment by effective , except as otherwise provided in , see , set out as a note under .

Pub. L. 105–244, title IV, § 422(d)Oct. 7, 1998112 Stat. 1696

Effective Date of 1993 Amendments

Pub. L. 103–208Pub. L. 102–325section 5(a) of Pub. L. 103–208section 1051 of this titleAmendment by effective as if included in the Higher Education Amendments of 1992, , except as otherwise provided, see , set out as a note under .

Pub. L. 103–66Oct. 1, 1993section 4109(c) of Pub. L. 103–66section 1078–2 of this titleAmendment by effective with respect to loans for which the first disbursement is made on or after , see , set out as a note under .

Effective Date of 1990 Amendment

Pub. L. 101–508, title III, § 3003(b)Nov. 5, 1990104 Stat. 1388–26

Effective Date

Jan. 1, 1990section 2004(c) of Pub. L. 101–239section 1077 of this titleSection applicable with respect to loans made to cover cost of instruction for periods of enrollment beginning on or after , see , set out as an Effective Date of 1989 Amendment note under .