20 U.S.C. § 1087h

Editorial Notes

References in Text

Pub. L. 111–152, § 2212(b)(1)(B)Paragraph (3), referred to in subsec. (a)(5), was redesignated par. (4) by .

Amendments

Pub. L. 119–212025—Subsec. (a)(1). amended par. (1) generally. Prior to amendment, text read as follows: “For fiscal year 2006, there shall be available to the Secretary, from funds not otherwise appropriated, funds to be obligated for—

“(A) administrative costs under this part and part B, including the costs of the direct student loan programs under this part; and

“(B) account maintenance fees payable to guaranty agencies under part B and calculated in accordance with subsections (b) and (c),

not to exceed (from such funds not otherwise appropriated) $820,000,000 in fiscal year 2006.”

Pub. L. 116–2602020—Subsec. (a)(4). substituted “2021” for “2020”.

Pub. L. 116–942019—Subsec. (a)(4). substituted “2020” for “2019”.

Pub. L. 115–2452018—Subsec. (a)(4). substituted “2019” for “2018”.

Pub. L. 115–141 substituted “2018” for “2017”.

Pub. L. 115–312017—Subsec. (a)(4). substituted “2017” for “2016”.

Pub. L. 114–1132015—Subsec. (a)(4). substituted “2016” for “2014”.

Pub. L. 113–67section 1087f of this title2013—Subsec. (a)(2). struck out par. (2). Text read as follows: “For fiscal years 2010 through 2019, there shall be available to the Secretary, in addition to any other amounts appropriated to carry out this paragraph and out of any money in the Treasury not otherwise appropriated, funds to be obligated for administrative costs of servicing contracts with eligible not-for-profit servicers as described in .”

Pub. L. 111–152, § 2212(b)(1)2010—Subsec. (a)(2) to (8). , added pars. (2), (6), and (7) and redesignated former pars. (2), (3), (4), and (5) as (3), (4), (5), and (8), respectively.

Pub. L. 111–152, § 2212(b)(2)Subsec. (b). , substituted “subsection (a)(4)” for “subsection (a)(3)”.

Pub. L. 110–315, § 452(1)2008—Subsec. (a)(2). , substituted “2014” for “2011” in heading and text.

Pub. L. 110–315, § 452(2)Subsec. (a)(3). , substituted “2014” for “2011”.

Pub. L. 110–842007—Subsec. (b). substituted “0.06 percent” for “0.10 percent”.

Pub. L. 109–1712006— reenacted section catchline without change and amended text generally. Prior to amendment, text consisted of subsecs. (a) to (d) relating to administrative expenses, calculation basis for account maintenance fees payable to guaranty agencies, special rules relating to caps on account maintenance fees and insufficient funding, and budget justification for funds expended, respectively.

Pub. L. 109–292Subsec. (b). substituted “shall be calculated on” for “shall not exceed”.

Pub. L. 105–244, § 454(1)1998—Subsec. (a). , amended heading and text of subsec. (a) generally. Prior to amendment, subsec. (a) related to availability of funds for administrative costs and cost allowances.

Pub. L. 105–244, § 454(2)Subsec. (b). , amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “Funds made available under subsection (a) of this section shall remain available until expended.”

Pub. L. 105–244, § 454(5)Subsec. (c). , added subsec. (c). Former subsec. (c) redesignated (d).

Pub. L. 105–244, § 454(4)Subsec. (d). , redesignated subsec. (c) as (d).

Pub. L. 105–244, § 454(3), struck out heading and text of subsec. (d). Text read as follows: “In the event the Secretary finds it necessary to use the authority provided to the Secretary under subsection (a) of this section to draw funds for administrative expenses from a future year’s funds, no funds may be expended under this section unless the Secretary immediately notifies the Committees on Appropriations of the Senate and of the House of Representatives, and the Labor and Human Resources Committee of the Senate and the Education and Labor Committee of the House of Representatives, of such action and explain the reasons for such action.”

Pub. L. 105–33section 1072(g) of this title1997—Subsec. (a). amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “Each fiscal year, there shall be available to the Secretary of Education from funds available pursuant to and from funds not otherwise appropriated, funds to be obligated for administrative costs under this part, including the costs of the transition from the loan programs under part B of this subchapter to the direct student loan programs under this part (including the costs of annually assessing the program under this part and the progress of the transition) and transition support (including administrative costs) for the expenses of guaranty agencies in servicing outstanding loans in their portfolios and in guaranteeing new loans, not to exceed (from such funds not otherwise appropriated) $260,000,000 in fiscal year 1994, $284,000,000 in fiscal year 1995, $550,000,000 in fiscal year 1996, $595,000,000 in fiscal year 1997, and $750,000,000 in fiscal year 1998. If in any fiscal year the Secretary determines that additional funds for administrative expenses are needed as a result of such transition or the expansion of the direct student loan programs under this part, the Secretary is authorized to use funds available under this section for a subsequent fiscal year for such expenses, except that the total expenditures by the Secretary (from such funds not otherwise appropriated) shall not exceed $2,439,000,000 in fiscal years 1994 through 1998. The Secretary is also authorized to carry over funds available under this section to a subsequent fiscal year.”

Pub. L. 105–78Subsec. (a)(1). substituted “$507,000,000” for “$532,000,000” in closing provisions.

Pub. L. 104–191995—Subsec. (a). substituted “$284,000,000 in fiscal year 1995” for “$345,000,000 in fiscal year 1995” and “$2,439,000,000 in fiscal years 1994 through 1998” for “$2,500,000,000 in fiscal years 1994 through 1998”.

Pub. L. 103–661993— amended section generally, substituting provisions relating to funds for administrative expenses for former provisions relating to reports.

Statutory Notes and Related Subsidiaries

Effective Date of 2007 Amendment

Pub. L. 110–84Oct. 1, 2007section 1(c) of Pub. L. 110–84section 1070a of this titleAmendment by effective , 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 Date of 1998 Amendment

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 .

Effective Date

Oct. 1, 1992section 2 of Pub. L. 102–325section 1001 of this titleSection effective , see , set out as an Effective Date of 1992 Amendment note under .

Construction

Pub. L. 105–78, title VI, § 609(m)Nov. 13, 1997111 Stat. 1524

Funds for Account Maintenance Fees

Pub. L. 118–47, div. D, title III, § 306Mar. 23, 2024138 Stat. 692Pub. L. 119–4, div. A, title IX, § 1909Mar. 15, 2025139 Stat. 33

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 117–328, div. H, title III, § 306Dec. 29, 2022136 Stat. 4897, , .

Pub. L. 117–103, div. H, title III, § 306Mar. 15, 2022136 Stat. 484, , .

Use of Funds for Administrative Expenses of William D. Ford Direct Loan Program Prohibited

Pub. L. 104–208, div. A, title I, § 101(e) [title III, § 304]Sept. 30, 1996110 Stat. 3009–233

Similar provisions were contained in the following prior appropriation act:

Pub. L. 104–134, title I, § 101(d) [title III, § 305]Apr. 26, 1996110 Stat. 1321–211Pub. L. 104–140, § 1(a)May 2, 1996110 Stat. 1327, , , 1321–236; renumbered title I, , , .