In general
section 1078 of this titlesection 1078 of this titleIt is the purpose of this section to authorize insured loans under this part that are first disbursed before , for borrowers who do not qualify for Federal interest subsidy payments under . Except as provided in this section, all terms and conditions for Federal Stafford loans established under shall apply to loans made pursuant to this section.
Eligible borrowers
Determination of amount of loan
The determination of the amount of a loan by an eligible institution under subsection (b) shall be calculated by subtracting from the estimated cost of attendance at the eligible institution any estimated financial assistance reasonably available to such student. An eligible institution may not, in carrying out the provisions of subsection (b) of this section, provide a statement which certifies the eligibility of any student to receive any loan under this section in excess of the amount calculated under the preceding sentence.
Loan limits
In general
section 1078(b)(1) of this titlesection 1078 of this titleExcept as provided in paragraphs (2), (3), and (4), the annual and aggregate limits for loans under this section shall be the same as those established under , less any amount received by such student pursuant to the subsidized loan program established under .
Limits for graduate, professional, and independent postbaccalaureate students
Annual limits
Aggregate limit
The maximum aggregate amount of loans under this section a student described in subparagraph (A) may borrow shall be the amount described in paragraph (1), adjusted to reflect the increased annual limits described in subparagraph (A), as prescribed by the Secretary by regulation.
Limits for undergraduate dependent students
Annual limits
section 1078–2 of this titlesection 1088(a)(2) of this titleThe maximum annual amount of loans under this section an undergraduate dependent student (except an undergraduate dependent student whose parents are unable to borrow under or the Federal Direct PLUS Loan Program) may borrow in any academic year (as defined in ) or its equivalent shall be the sum of the amount determined under paragraph (1), plus $2,000.
Aggregate limits
The maximum aggregate amount of loans under this section a student described in subparagraph (A) may borrow shall be $31,000.
Limits for undergraduate independent students
Annual limits
Aggregate limits
The maximum aggregate amount of loans under this section a student described in subparagraph (A) may borrow shall be $57,500.
Capitalized interest
Interest capitalized shall not be deemed to exceed a maximum aggregate amount determined under subparagraph (B) of paragraph (2), (3), or (4).
Payment of principal and interest
Commencement of repayment
section 1078(b)(7) of this titleRepayment of principal on loans made under this section shall begin at the beginning of the repayment period described in . Not less than 30 days prior to the anticipated commencement of such repayment period, the holder of such loan shall provide notice to the borrower that interest will accrue before repayment begins and of the borrower’s option to begin loan repayment at an earlier date.
Capitalization of interest
Subsidies prohibited
section 1078(a) of this titleNo payments to reduce interest costs shall be paid pursuant to on loans made pursuant to this section.
Applicable rates of interest
section 1077a of this titleInterest on loans made pursuant to this section shall be at the applicable rate of interest provided in .
Amortization
Repayment period
section 1078(b)(9) of this titleFor purposes of calculating the repayment period under , such period shall commence at the time the first payment of principal is due from the borrower.
Qualification for forbearance
A lender may grant the borrower of a loan under this section a forbearance for a period not to exceed 60 days if the lender reasonably determines that such a forbearance from collection activity is warranted following a borrower’s request for forbearance, deferment, or a change in repayment plan, or a request to consolidate loans in order to collect or process appropriate supporting documentation related to the request. During any such period, interest on the loan shall accrue but not be capitalized.
Pub. L. 105–244, title IV, § 423(f)112 Stat. 1698 Repealed. , ,
Single application form and loan repayment schedule
section 1078 of this titleA guaranty agency shall use a single application form and a single repayment schedule for subsidized Federal Stafford loans made pursuant to and for unsubsidized Federal Stafford loans made pursuant to this section.
Insurance premium
section 1078(b)(1) of this titlesection 1078(b)(1) of this titlesection 1072a of this titleEach State or nonprofit private institution or organization having an agreement with the Secretary under may charge a borrower under this section an insurance premium equal to not more than 1.0 percent of the principal amount of the loan, if such premium will not be used for incentive payments to lenders. Effective for loans for which the date of guarantee of principal is on or after , and that are first disbursed before , in lieu of the insurance premium authorized under the preceding sentence, each State or nonprofit private institution or organization having an agreement with the Secretary under shall collect and deposit into the Federal Student Loan Reserve Fund under , a Federal default fee of an amount equal to 1.0 percent of the principal amount of the loan, which fee shall be collected either by deduction from the proceeds of the loan or by payment from other non-Federal sources. The Federal default fee shall not be used for incentive payments to lenders.
Pub. L. 89–329, title IV, § 428HPub. L. 102–325, title IV, § 422106 Stat. 535Pub. L. 103–66, title IV107 Stat. 363Pub. L. 103–208, § 2(c)(42)107 Stat. 2466Pub. L. 104–134, title I, § 101(d) [title V, § 514(a)]110 Stat. 1321–211Pub. L. 104–140, § 1(a)110 Stat. 1327Pub. L. 105–244, title IV, § 423112 Stat. 1696Pub. L. 109–171, title VIII120 Stat. 159Pub. L. 110–227, § 2(a)122 Stat. 740Pub. L. 110–315, title IV, § 428(a)122 Stat. 3235Pub. L. 111–39, title IV, § 402(f)(5)123 Stat. 1944Pub. L. 111–152, title II, § 2207124 Stat. 1076Pub. L. 115–245, div. B, title III, § 309(e)132 Stat. 3106(, as added , , ; amended , §§ 4047(a), 4102(b), , , 366; –(45), , , 2467; , , , 1321–245; renumbered title I, , , ; , , ; , §§ 8005(d), 8014(b)(2), , , 169; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
Codification
Pub. L. 103–208Pub. L. 102–325Pub. L. 102–325Pub. L. 103–66Amendments by section 2(c)(42), (45) of (which were effective as if included in ) were executed to this section as amended by and , to reflect the probable intent of Congress.
Amendments
Pub. L. 115–245, § 309(e)(1)2018—Subsec. (e)(2)(A). , substituted “Except as provided in subparagraph (C), interest” for “Interest” in introductory provisions.
Pub. L. 115–245, § 309(e)(2)Subsec. (e)(2)(C). , added subpar. (C).
Pub. L. 111–152, § 2207(1)2010—Subsec. (a). , inserted “that are first disbursed before ,” after “under this part”.
Pub. L. 111–152, § 2207(2)Subsec. (b). , substituted “Prior to , any student” for “Any student” and inserted “for which the first disbursement is made before such date” after “unsubsidized Federal Stafford Loan” in introductory provisions.
Pub. L. 111–152, § 2207(3)Subsec. (h). , inserted “and that are first disbursed before ,” after “,”.
Pub. L. 111–39, § 402(f)(5)(A)Pub. L. 110–315, § 428(a)(1)(A)2009—Subsec. (d)(2). , amended heading generally, resulting in text identical to that after execution of the amendment by . See 2008 Amendment note below.
Pub. L. 111–39, § 402(f)(5)(B)Pub. L. 105–244, § 423(d)Subsec. (e)(6). , amended par. (6) generally, resulting in text identical to that after execution of the amendment by . See 1998 Amendment note below.
Pub. L. 110–2272008—Subsec. (d). amended subsec. (d) generally. Prior to amendment, subsec. (d) related to loan limits.
Pub. L. 110–315, § 428(a)(1)(A)Subsec. (d)(2). , which directed substitution of “Graduate, professional, and independent postbaccalaureate students” for “Graduate and professional students” in heading, was executed by substituting “graduate, professional, and independent postbaccalaureate students” for “graduate and professional students” to reflect the probable intent on Congress.
Pub. L. 110–315, § 428(a)(1)(B)(i)Subsec. (d)(2)(A). , inserted “, or a student described in clause (ii),” after “graduate or professional student” in introductory provisions.
Pub. L. 110–315, § 428(a)(1)(B)(ii)Subsec. (d)(2)(A)(ii). , added cl. (ii) and struck out former cl. (ii) which read as follows: “in the case of a graduate student enrolled in coursework specified in sections 1091(b)(3)(B) and 1091(b)(4)(B) of this title, $7,000;”.
Pub. L. 110–315, § 428(a)(2)Subsec. (d)(4)(A)(iii). , added cl. (iii) and struck out former cl. (iii) which read as follows: “in the case of such a student enrolled in coursework specified in sections 1091(b)(3)(B) and 1091(b)(4)(B) of this title, $6,000 for coursework necessary for enrollment in an undergraduate degree or certificate program.”
Pub. L. 109–171, § 8005(d)(1)2006—Subsec. (d)(2)(C). , substituted “$12,000” for “$10,000”.
Pub. L. 109–171, § 8005(d)(2)Subsec. (d)(2)(D). , substituted “$7,000” for “$5,000” in cls. (i) and (ii).
Pub. L. 109–171, § 8014(b)(2)section 1078(b)(1) of this titlesection 1072a of this titleSubsec. (h). , inserted at end “Effective for loans for which the date of guarantee of principal is on or after , in lieu of the insurance premium authorized under the preceding sentence, each State or nonprofit private institution or organization having an agreement with the Secretary under shall collect and deposit into the Federal Student Loan Reserve Fund under , a Federal default fee of an amount equal to 1.0 percent of the principal amount of the loan, which fee shall be collected either by deduction from the proceeds of the loan or by payment from other non-Federal sources. The Federal default fee shall not be used for incentive payments to lenders.”
Pub. L. 105–244, § 423(a)section 1091 of this title1998—Subsec. (b). , amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “Any student meeting the requirements for student eligibility under (including graduate and professional students as defined in regulations promulgated by the Secretary) shall be entitled to borrow an unsubsidized Stafford loan. Such student shall provide to the lender a statement from the eligible institution at which the student has been accepted for enrollment, or at which the student is in attendance, which—
ll“(1) sets forth such student’s estimated cost of attendance (as determined under section 1087 of this title);
section 1078 of this title“(2) sets forth such student’s estimated financial assistance, including a loan which qualifies for subsidy payments under ; and
“(3) certifies the eligibility of the student to receive a loan under this section and the amount of the loan for which such student is eligible, in accordance with subsection (c) of this section.”
Pub. L. 105–244, § 423(b)(1)(A)section 1088(a)(2) of this titleSubsec. (d)(2). , in introductory provisions, inserted “(as defined in )” after “academic year” and struck out “or in any period of 7 consecutive months, whichever is longer,” after “or its equivalent”.
Pub. L. 105–244, § 423(b)(1)(B)section 1088 of this titleSubsec. (d)(2)(A). , substituted “length; and” for “length (as determined under );” in cl. (i), added cl. (ii), and struck out former cls. (ii) and (iii) which read as follows:
“(ii) $2,500, if such student is enrolled in a program whose length is less than one academic year, but at least ⅔ of such an academic year; and
“(iii) $1,500, if such student is enrolled in a program whose length is less than ⅔, but at least ⅓, of such an academic year;”.
Pub. L. 105–244, § 423(b)(1)(C)Subsec. (d)(2)(D). , (D), added subpar. (D).
Pub. L. 105–244, § 423(b)(2)Subsec. (d)(3). , inserted at end “Interest capitalized shall not be deemed to exceed such maximum aggregate amount.”
Pub. L. 105–244, § 423(c)Subsec. (e)(2). , amended heading and text of par. (2) generally. Prior to amendment, text read as follows: “Interest on loans made under this section for which payments of principal are not required during the in-school and grace periods or for which payments are deferred under sections 1077(a)(2)(C) and 1078(b)(1)(M) of this title shall, if agreed upon by the borrower and the lender (A) be paid monthly or quarterly, or (B) be added to the principal amount of the loan not more frequently than quarterly by the lender. Such capitalization of interest shall not be deemed to exceed the annual insurable limit on account of the student.”
Pub. L. 105–244, § 423(d)section 1078(b)(9) of this titlesection 1078(b)(1)(D) of this titlesection 1078(b)(1)(D) of this titleSubsec. (e)(6). , which directed substitution of “repayment period under ” for “10 year repayment period under ”, was executed by making the substitution for “10-year repayment period under ” to reflect the probable intent of Congress.
Pub. L. 105–244, § 423(e)Subsec. (e)(7). , added par. (7).
Pub. L. 105–244, § 423(f)Subsec. (f). , struck out heading and text of subsec. (f) which provided for lenders to charge borrowers origination fees on loans.
Pub. L. 104–1341996—Subsec. (d)(2). substituted semicolon for period at end of subpar. (C) and inserted concluding provisions.
Pub. L. 103–66, § 4047(a)(1)1993—Subsec. (b). , inserted “(including graduate and professional students as defined in regulations promulgated by the Secretary)” in introductory provisions.
Pub. L. 103–66, § 4047(a)(2)section 1078(b)(1) of this titlesection 1078 of this titleSubsec. (d). , amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The annual and aggregate limits for loans under this section shall be the same as those established under , less any amount received by such student pursuant to the subsidized loan program established under .”
Pub. L. 103–208, § 2(c)(42)Subsec. (d)(2)(B). , amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “in the case of such a student attending an eligible institution who has completed the first 2 years of undergraduate study but who has not completed the remainder of a program of undergraduate study—
“(i) $5,000, if such student is enrolled in a program whose length is at least one academic year in length (as determined under section 1088 of this section);
“(ii) $3,325, if such student is enrolled in a program whose length is less than one academic year, but at least ⅔ of such an academic year; and
“(iii) $1,675, if such student is enrolled in a program whose length is less than ⅔, but at least ⅓, of such an academic year; and”. See Codification note above.
Pub. L. 103–208, § 2(c)(43)section 1078(b)(7) of this titleSubsec. (e)(1). , substituted “shall begin at the beginning of the repayment period described in .” for “shall commence 6 months after the month in which the student ceases to carry at least one-half the normal full-time workload as determined by the institution.” and inserted at end “Not less than 30 days prior to the anticipated commencement of such repayment period, the holder of such loan shall provide notice to the borrower that interest will accrue before repayment begins and of the borrower’s option to begin loan repayment at an earlier date.”
Pub. L. 103–208, § 2(c)(44)Subsec. (e)(4). , substituted “section 1077a” for “section 1077a(e)”.
Pub. L. 103–66, § 4047(a)(3)Subsec. (e)(5), (6). , added pars. (5) and (6).
Pub. L. 103–66, § 4102(b)(1)(A)Subsec. (f). , substituted “Origination fee” for “Insurance premium” in section catchline.
Pub. L. 103–66, § 4102(b)(1)(B)Subsec. (f)(1). , (C), struck out reference to insurance premium in heading and in text substituted “an origination fee in the amount of 3.0 percent” for “a combined origination fee and insurance premium in the amount of 6.5 percent” and struck out second sentence which read as follows: “A guaranty agency may not charge an insurance premium on any loan made under this section.”
Pub. L. 103–66, § 4102(b)(1)(D)Subsec. (f)(2). , substituted “origination fee” for “combined fee and premium”.
Pub. L. 103–66, § 4102(b)(1)(E)Subsec. (f)(3). , substituted “origination fee” for “combined origination fee and insurance premium”.
Pub. L. 103–66, § 4102(b)(1)(F)Subsec. (f)(4). , in heading substituted “origination fee” for “insurance premium” and in text substituted “origination fees” for “combined origination fee and insurance premiums” and “to pay” for “and premiums to pay”.
Pub. L. 103–66, § 4102(b)(1)(G)Subsec. (f)(5). , inserted “origination fee and” in heading and in text substituted “do not exceed the combined origination fee under this subsection and the insurance premium under subsection (h) of this section, the Secretary is directed to lower the origination fee and insurance premium accordingly” for “do not exceed the 6.5 percent insurance premium, the Secretary is directed to lower the insurance premium accordingly”.
Pub. L. 103–208, § 2(c)(45)lSubsec. (h). , redesignated subsec. () as (h). See Codification note above.
lPub. L. 103–208, § 2(c)(45)lSubsec. (). , redesignated subsec. () as (h). See Codification note above.
Pub. L. 103–66, § 4102(b)(2)l, added subsec. ().
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–245section 309(f) of Pub. L. 115–245section 1077 of this titleAmendment by applicable with respect to loans made on or after , or in repayment on , see , set out as a note under .
Effective Date of 2009 Amendment
Pub. L. 111–39Pub. L. 110–315section 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 2008 Amendment
Pub. L. 110–315, title IV, § 428(b)122 Stat. 3236
Pub. L. 110–227, § 2(c)122 Stat. 742
Effective Date of 2006 Amendment
section 8014(b)(2) of Pub. L. 109–171section 8001(c) of Pub. L. 109–171section 1002 of this titleAmendment by effective , except as otherwise provided, see , set out as a note under .
section 8005(d) of Pub. L. 109–171section 8005(e) of Pub. L. 109–171section 1075 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1998 Amendment
Pub. L. 105–244Pub. 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 .
Effective Date of 1996 Amendment
Pub. L. 104–134, title I, § 101(d) [title V, § 514(b)]110 Stat. 1321–211
Effective Date of 1993 Amendments
Pub. L. 103–208Pub. L. 102–325section 2(c)(43)(B) of Pub. L. 103–208Pub. L. 103–208section 1051 of this titleAmendment by section 2(c)(42)–(43)(A), (44), (45) of effective as if included in the Higher Education Amendments of 1992, , except as otherwise provided, and amendment by effective on and after , see section 5(a), (b)(5) of , set out as a note under .
Pub. L. 103–66, title IV, § 4047(d)107 Stat. 364
section 4102(b) of Pub. L. 103–66section 4102(d) of Pub. L. 103–66section 1078 of this titleAmendment by effective , see , set out as a note under .
Effective Date
section 432(a)(12) of Pub. L. 102–325section 1078 of this titleSection effective with respect to loans made to cover the cost of instruction for periods of enrollment beginning on or after , see , set out as an Effective Date of 1992 Amendment note under .
Student Eligibility
Pub. L. 110–227, § 2(b)122 Stat. 742
Continuing Applicability of Terms, Conditions, and Benefits of Loans
Pub. L. 103–66, title IV, § 4047(c)107 Stat. 364