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§ 1087e. Terms and conditions of loans

Official text

Section titled “Official text”
§ 1087e.

Terms and conditions of loans

(a)

In general

(1)

Parallel terms, conditions, benefits, and amounts

Unless otherwise specified in this part, loans made to borrowers under this part shall have the same terms, conditions, and benefits, and be available in the same amounts, as loans made to borrowers, and first disbursed on , under sections 1078, 1078–2, 1078–3, and 1078–8 of this title.
(2)

Designation of loans

Loans made to borrowers under this part that, except as otherwise specified in this part, have the same terms, conditions, and benefits as loans made to borrowers under—

(A) section 1078 of this title shall be known as “Federal Direct Stafford Loans”;
(B) section 1078–2 of this title shall be known as “Federal Direct PLUS Loans”;
(C) section 1078–3 of this title shall be known as “Federal Direct Consolidation Loans”; and
(D) section 1078–8 of this title shall be known as “Federal Direct Unsubsidized Stafford Loans”.
(3)

Termination of authority to make interest subsidized loans and Federal Direct PLUS loans to graduate and professional students

(A)
Termination of authority to make interest subsidized loans to graduate and professional students

Subject to subparagraph (B), and notwithstanding any provision of this part or part B—

(i) for any period of instruction beginning on or after , a graduate or professional student shall not be eligible to receive a Federal Direct Stafford loan under this part; and
(ii) for any period of instruction beginning on , and ending on , the maximum annual amount of Federal Direct Unsubsidized Stafford loans such a student may borrow in any academic year (as defined in section 1088(a)(2) of this title) or its equivalent shall be the maximum annual amount for such student determined under section 1078–8 of this title, plus an amount equal to the amount of Federal Direct Stafford loans the student would have received in the absence of this subparagraph.
(B)
Exception

Subparagraph (A) shall not apply to an individual enrolled in course work specified in paragraph (3)(B) or (4)(B) of section 1091(b) of this title.
(C)
Termination of authority to make Federal Direct PLUS loans to graduate and professional students

Subject to paragraph (8) and notwithstanding any provision of this part or part B, for any period of instruction beginning on or after , a graduate or professional student shall not be eligible to receive a Federal Direct PLUS Loan under this part.
(4)

Graduate and professional annual and aggregate limits for Federal Direct Unsubsidized Stafford loans beginning

(A)
Annual limits beginning

Subject to paragraphs (7)(A) and (8), beginning on , the maximum annual amount of Federal Direct Unsubsidized Stafford loans—

(i) a graduate student, who is not a professional student, may borrow in any academic year or its equivalent shall be $20,500; and
(ii) a professional student may borrow in any academic year or its equivalent shall be $50,000.
(B)
Aggregate limits

Subject to paragraphs (6), (7)(A), and (8), beginning on , the maximum aggregate amount of Federal Direct Unsubsidized Stafford loans, in addition to the amount borrowed for undergraduate education, that—

(i)

a graduate student—

(I) who is not (and has not been) a professional student, may borrow for programs of study described in subparagraph (C)(i) shall be $100,000; or
(II)

who is (or has been) a professional student, may borrow for programs of study described in subparagraph (C)(i) shall be an amount equal to—

(aa) $200,000; minus
(bb) the amount such student borrowed for programs of study described in subparagraph (C)(ii); and
(ii)

a professional student—

(I) who is not (and has not been) a graduate student, may borrow for programs of study described in subparagraph (C)(ii) shall be $200,000; or
(II)

who is (or has been) a graduate student, may borrow for programs of study described in subparagraph (C)(ii) shall be an amount equal to—

(aa) $200,000; minus
(bb) the amount such student borrowed for programs of study described in subparagraph (C)(i).
(C)
Definitions
(i)
Graduate student

The term “graduate student” means a student enrolled in a program of study that awards a graduate credential (other than a professional degree) upon completion of the program.
(ii)
Professional student

In this paragraph, the term “professional student” means a student enrolled in a program of study that awards a professional degree, as defined under section 668.2 of title 34, Code of Federal Regulations (as in effect on ), upon completion of the program.
(5)

Parent borrower annual and aggregate limits for Federal Direct PLUS loans beginning

(A)
Annual limits

Subject to paragraph (8) and notwithstanding any provision of this part or part B, beginning on , for each dependent student, the total maximum annual amount of Federal Direct PLUS loans that may be borrowed on behalf of that dependent student by all parents of that dependent student shall be $20,000.
(B)
Aggregate limits

Subject to paragraph (8) and notwithstanding any provision of this part or part B, beginning on , for each dependent student, the total maximum aggregate amount of Federal Direct PLUS loans that may be borrowed on behalf of that dependent student by all parents of that dependent student shall be $65,000, without regard to any amounts repaid, forgiven, canceled, or otherwise discharged on any such loan.
(6)

Lifetime maximum aggregate amount for all students

Subject to paragraph (8) and notwithstanding any provision of this part or part B, beginning on , the maximum aggregate amount of loans made, insured, or guaranteed under this subchapter that a student may borrow (other than a Federal Direct PLUS loan, or loan under section 1078–2 of this title, made to the student as a parent borrower on behalf of a dependent student) shall be $257,500, without regard to any amounts repaid, forgiven, canceled, or otherwise discharged on any such loan.
(7)

Additional rules regarding annual loan limits

(A)
Less than full-time enrollment

Notwithstanding any provision of this part or part B, in any case in which a student is enrolled in a program of study of an institution of higher education on less than a full-time basis during any academic year, the amount of a loan that student may borrow for an academic year or its equivalent shall be reduced in direct proportion to the degree to which that student is not so enrolled on a full-time basis, rounded to the nearest whole percentage point, as provided in a schedule of reductions published by the Secretary computed for purposes of this subparagraph.
(B)
Institutionally determined limits

Notwithstanding the annual loan limits established under this section and, for undergraduate students, under this part and part B, beginning on , an institution of higher education (at the discretion of a financial aid administrator at the institution) may limit the total amount of loans made under this part for a program of study for an academic year that a student may borrow, and that a parent may borrow on behalf of such student, as long as any such limit is applied consistently to all students enrolled in such program of study.
(8)

Interim exception for certain students

(A)
Application of prior limits

Paragraphs (3)(C), (4), (5), and (6) shall not apply, and paragraph (3)(A)(ii) shall apply as such paragraph was in effect for periods of instruction ending before , during the expected time to credential described in subparagraph (B), with respect to an individual who, as of —

(i) is enrolled in a program of study at an institution of higher education; and
(ii) has received a loan (or on whose behalf a loan was made) under this part for such program of study.
(B)
Expected time to credential

For purposes of this paragraph, the expected time to credential of an individual shall be equal to the lesser of—

(i) three academic years; or
(ii)

the period determined by calculating the difference between—

(I) the program length for the program of study in which the individual is enrolled; and
(II) the period of such program of study that such individual has completed as of the date of the determination under this subparagraph.
(C)
Definition of program length

In this paragraph, the term “program length” means the minimum amount of time in weeks, months, or years that is specified in the catalog, marketing materials, or other official publications of an institution of higher education for a full-time student to complete the requirements for a specific program of study.
(b)

Interest rate

(1)

Rates for FDSL and FDUSL

For Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans for which the first disbursement is made on or after , the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to—

(A) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus
(B) 3.1 percent,
except that such rate shall not exceed 8.25 percent.
(2)

In school and grace period rules

(A)

Notwithstanding the provisions of paragraph (1), but subject to paragraph (3), with respect to any Federal Direct Stafford Loan or Federal Direct Unsubsidized Stafford Loan for which the first disbursement is made on or after , the applicable rate of interest for interest which accrues—

(i) prior to the beginning of the repayment period of the loan; or
(ii) during the period in which principal need not be paid (whether or not such principal is in fact paid) by reason of a provision described in section 1078(b)(1)(M) or 1077(a)(2)(C) of this title,
shall not exceed the rate determined under subparagraph (B).
(B)

For the purpose of subparagraph (A), the rate determined under this subparagraph shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to—

(i) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction prior to such June 1; plus
(ii) 2.5 percent,
except that such rate shall not exceed 8.25 percent.
(3)

Out-year rule

Notwithstanding paragraphs (1) and (2), for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans made on or after , the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to—

(A) the bond equivalent rate of the security with a comparable maturity as established by the Secretary; plus
(B) 1.0 percent,
except that such rate shall not exceed 8.25 percent.
(4)

Rates for FDPLUS

(A)
(i)

For Federal Direct PLUS Loans for which the first disbursement is made on or after , the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on or before , be determined on the preceding June 1 and be equal to—

(I) the bond equivalent rate of 52-week Treasury bills auctioned at final auction held prior to such June 1; plus
(II) 3.1 percent,
except that such rate shall not exceed 9 percent.
(ii)

For any 12-month period beginning on July 1 of 2001 or any succeeding year, the applicable rate of interest determined under this subparagraph shall be determined on the preceding June 26 and be equal to—

(I) the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the last calendar week ending on or before such June 26; plus
(II) 3.1 percent,
except that such rate shall not exceed 9 percent.
(B)

For Federal Direct PLUS loans made on or after , the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to—

(i) the bond equivalent rate of the security with a comparable maturity as established by the Secretary; plus
(ii) 2.1 percent,
except that such rate shall not exceed 9 percent.
(5)

Temporary interest rate provision

(A)
Rates for FDSL and FDUSL

Notwithstanding the preceding paragraphs of this subsection, for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans for which the first disbursement is made on or after , and before , the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to—

(i) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus
(ii) 2.3 percent,
except that such rate shall not exceed 8.25 percent.
(B)
In school and grace period rules

Notwithstanding the preceding paragraphs of this subsection, with respect to any Federal Direct Stafford Loan or Federal Direct Unsubsidized Stafford Loan for which the first disbursement is made on or after , and before , the applicable rate of interest for interest which accrues—

(i) prior to the beginning of the repayment period of the loan; or
(ii) during the period in which principal need not be paid (whether or not such principal is in fact paid) by reason of a provision described in section 1078(b)(1)(M) or 1077(a)(2)(C) of this title,
shall be determined under subparagraph (A) by substituting “1.7 percent” for “2.3 percent”.
(C)
PLUS loans

Notwithstanding the preceding paragraphs of this subsection, with respect to Federal Direct PLUS Loan for which the first disbursement is made on or after , and before , the applicable rate of interest shall be determined under subparagraph (A)—

(i) by substituting “3.1 percent” for “2.3 percent”; and
(ii) by substituting “9.0 percent” for “8.25 percent”.
(6)

Interest rate provision for new loans on or after , and before

(A)
Rates for FDSL and FDUSL

Notwithstanding the preceding paragraphs of this subsection, for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans for which the first disbursement is made on or after , and before , the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to—

(i) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus
(ii) 2.3 percent,
except that such rate shall not exceed 8.25 percent.
(B)
In school and grace period rules

Notwithstanding the preceding paragraphs of this subsection, with respect to any Federal Direct Stafford Loan or Federal Direct Unsubsidized Stafford Loan for which the first disbursement is made on or after , and before , the applicable rate of interest for interest which accrues—

(i) prior to the beginning of the repayment period of the loan; or
(ii) during the period in which principal need not be paid (whether or not such principal is in fact paid) by reason of a provision described in section 1078(b)(1)(M) or 1077(a)(2)(C) of this title,
shall be determined under subparagraph (A) by substituting “1.7 percent” for “2.3 percent”.
(C)
PLUS loans

Notwithstanding the preceding paragraphs of this subsection, with respect to Federal Direct PLUS Loan for which the first disbursement is made on or after , and before , the applicable rate of interest shall be determined under subparagraph (A)—

(i) by substituting “3.1 percent” for “2.3 percent”; and
(ii) by substituting “9.0 percent” for “8.25 percent”.
(D)
Consolidation loans

Notwithstanding the preceding paragraphs of this subsection, any Federal Direct Consolidation loan for which the application is received on or after , and before , shall bear interest at an annual rate on the unpaid principal balance of the loan that is equal to the lesser of—

(i) the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of one percent; or
(ii) 8.25 percent.
(E)
Temporary rules for consolidation loans

Notwithstanding the preceding paragraphs of this subsection, any Federal Direct Consolidation loan for which the application is received on or after , and before , shall bear interest at an annual rate on the unpaid principal balance of the loan that is equal to—

(i) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus
(ii) 2.3 percent,
except that such rate shall not exceed 8.25 percent.
(7)

Interest rate provision for new loans on or after and before

(A)
Rates for FDSL and FDUSL

Notwithstanding the preceding paragraphs of this subsection, for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans for which the first disbursement is made on or after , and before , the applicable rate of interest shall be 6.8 percent on the unpaid principal balance of the loan.
(B)
PLUS loans

Notwithstanding the preceding paragraphs of this subsection, with respect to any Federal Direct PLUS loan for which the first disbursement is made on or after , and before , the applicable rate of interest shall be 7.9 percent on the unpaid principal balance of the loan.
(C)
Consolidation loans

Notwithstanding the preceding paragraphs of this subsection, any Federal Direct Consolidation loan for which the application is received on or after , and before , shall bear interest at an annual rate on the unpaid principal balance of the loan that is equal to the lesser of—

(i) the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of one percent; or
(ii) 8.25 percent.
(D)
Reduced rates for undergraduate FDSL

Notwithstanding the preceding paragraphs of this subsection and subparagraph (A) of this paragraph, for Federal Direct Stafford Loans made to undergraduate students for which the first disbursement is made on or after , and before , the applicable rate of interest shall be as follows:

(i) For a loan for which the first disbursement is made on or after , and before , 6.8 percent on the unpaid principal balance of the loan.
(ii) For a loan for which the first disbursement is made on or after , and before , 6.0 percent on the unpaid principal balance of the loan.
(iii) For a loan for which the first disbursement is made on or after , and before , 5.6 percent on the unpaid principal balance of the loan.
(iv) For a loan for which the first disbursement is made on or after , and before , 4.5 percent on the unpaid principal balance of the loan.
(v) For a loan for which the first disbursement is made on or after , and before , 3.4 percent on the unpaid principal balance of the loan.
(8)

Interest rate provisions for new loans on or after

(A)
Rates for undergraduate FDSL and FDUSL

Notwithstanding the preceding paragraphs of this subsection, for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans issued to undergraduate students, for which the first disbursement is made on or after , the applicable rate of interest shall, for loans disbursed during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to the lesser of—

(i) a rate equal to the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1 plus 2.05 percent; or
(ii) 8.25 percent.
(B)
Rates for graduate and professional FDUSL

Notwithstanding the preceding paragraphs of this subsection, for Federal Direct Unsubsidized Stafford Loans issued to graduate or professional students, for which the first disbursement is made on or after , the applicable rate of interest shall, for loans disbursed during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to the lesser of—

(i) a rate equal to the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1 plus 3.6 percent; or
(ii) 9.5 percent.
(C)
PLUS loans

Notwithstanding the preceding paragraphs of this subsection, for Federal Direct PLUS Loans, for which the first disbursement is made on or after , the applicable rate of interest shall, for loans disbursed during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to the lesser of—

(i) a rate equal to the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1 plus 4.6 percent; or
(ii) 10.5 percent.
(D)
Consolidation loans

Notwithstanding the preceding paragraphs of this subsection, any Federal Direct Consolidation Loan for which the application is received on or after , shall bear interest at an annual rate on the unpaid principal balance of the loan that is equal to the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of one percent.
(E)
Consultation

The Secretary shall determine the applicable rate of interest under this paragraph after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of determination.
(F)
Rate

The applicable rate of interest determined under this paragraph for a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct PLUS Loan shall be fixed for the period of the loan.
(9)

Repayment incentives

(A)
Incentives for loans disbursed before

Notwithstanding any other provision of this part 1

with respect to loans for which the first disbursement of principal is made before ,,2 the Secretary is authorized to prescribe by regulation such reductions in the interest rate or origination fee paid by a borrower of a loan made under this part as the Secretary determines appropriate to encourage on-time repayment of the loan. Such reductions may be offered only if the Secretary determines the reductions are cost neutral and in the best financial interest of the Federal Government. Any increase in subsidy costs resulting from such reductions shall be completely offset by corresponding savings in funds available for the William D. Ford Federal Direct Loan Program in that fiscal year from section 1087h of this title and other administrative accounts.
(B)
Accountability

Prior to publishing regulations proposing repayment incentives with respect to loans for which the first disbursement of principal is made before , the Secretary shall ensure the cost neutrality of such reductions. The Secretary shall not prescribe such regulations in final form unless an official report from the Director of the Office of Management and Budget to the Secretary and a comparable report from the Director of the Congressional Budget Office to the Congress each certify that any such reductions will be completely cost neutral. Such reports shall be transmitted to the authorizing committees not less than 60 days prior to the publication of regulations proposing such reductions.
(C)
No repayment incentives for new loans disbursed on or after

Notwithstanding any other provision of this part, the Secretary is prohibited from authorizing or providing any repayment incentive not otherwise authorized under this part to encourage on-time repayment of a loan under this part for which the first disbursement of principal is made on or after , including any reduction in the interest or origination fee rate paid by a borrower of such a loan, except that the Secretary may provide for an interest rate reduction for a borrower who agrees to have payments on such a loan automatically electronically debited from a bank account.
(10)

Publication

The Secretary shall determine the applicable rates of interest under this subsection after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of determination.
(c)

Loan fee

(1)

In general

The Secretary shall charge the borrower of a loan made under this part an origination fee of 4.0 percent of the principal amount of loan.
(2)

Subsequent reduction

Paragraph (1) shall be applied to loans made under this part, other than Federal Direct Consolidation loans and Federal Direct PLUS loans—

(A) by substituting “3.0 percent” for “4.0 percent” with respect to loans for which the first disbursement of principal is made on or after , and before ;
(B) by substituting “2.5 percent” for “4.0 percent” with respect to loans for which the first disbursement of principal is made on or after , and before ;
(C) by substituting “2.0 percent” for “4.0 percent” with respect to loans for which the first disbursement of principal is made on or after , and before ;
(D) by substituting “1.5 percent” for “4.0 percent” with respect to loans for which the first disbursement of principal is made on or after , and before ; and
(E) by substituting “1.0 percent” for “4.0 percent” with respect to loans for which the first disbursement of principal is made on or after .
(d)

Repayment plans

(1)

Design and selection

Consistent with criteria established by the Secretary, the Secretary shall offer a borrower of a loan made under this part before , who has not received a loan made under this part on or after , a variety of plans for repayment of such loan, including principal and interest on the loan. The borrower shall be entitled to accelerate, without penalty, repayment on the borrower’s loans under this part. The borrower may choose—

(A) a standard repayment plan, consistent with subsection (a)(1) of this section and with section 1078(b)(9)(A)(i) of this title;
(B) a graduated repayment plan, consistent with section 1078(b)(9)(A)(ii) of this title;
(C) an extended repayment plan, consistent with section 1078(b)(9)(A)(iv) of this title, except that the borrower shall annually repay a minimum amount determined by the Secretary in accordance with section 1078(b)(1)(L) of this title;
(D) before , an income contingent repayment plan, with varying annual repayment amounts based on the income of the borrower, paid over an extended period of time prescribed by the Secretary, not to exceed 25 years, except that the plan described in this subparagraph shall not be available to the borrower of a Federal Direct PLUS loan made on behalf of a dependent student;
(E) beginning on , an income-based repayment plan in accordance with section 1098e of this title, except that the plan described in this subparagraph shall not be available to the borrower of a Federal Direct PLUS Loan made on behalf of a dependent student or an excepted Consolidation Loan (as defined in section 1098e(a)(2) of this title); and
(F)

beginning on , the income-based Repayment Assistance Plan under subsection (q), provided that—

(i) such Plan shall not be available for the repayment of excepted loans (as defined in paragraph (7)(E)); and
(ii) the borrower is required to pay each outstanding loan of the borrower made under this part under such Repayment Assistance Plan, except that a borrower of an excepted loan (as defined in paragraph (7)(E)) may repay the excepted loan separately from other loans under this part obtained by the borrower.
(2)

Selection by Secretary

If a borrower of a loan made under this part does not select a repayment plan described in paragraph (1), the Secretary may provide the borrower with a repayment plan described in subparagraph (A), (B), or (C) of paragraph (1).
(3)

Changes in selections

The borrower of a loan made under this part may change the borrower’s selection of a repayment plan under paragraph (1), or the Secretary’s selection of a plan for the borrower under paragraph (2), as the case may be, under such terms and conditions as may be established by the Secretary.
(4)

Alternative repayment plans

The Secretary may provide, on a case by case basis, an alternative repayment plan to a borrower of a loan made under this part who demonstrates to the satisfaction of the Secretary that the terms and conditions of the repayment plans available under paragraph (1) are not adequate to accommodate the borrower’s exceptional circumstances. In designing such alternative repayment plans, the Secretary shall ensure that such plans do not exceed the cost to the Federal Government, as determined on the basis of the present value of future payments by such borrowers, of loans made using the plans available under paragraph (1).
(5)

Repayment after default

The Secretary may require any borrower who has defaulted on a loan made under this part to—

(A) pay all reasonable collection costs associated with such loan; and
(B) repay the loan pursuant to an income-based repayment plan under subsection (q) or section 1098e of this title, as applicable.
(6)

Termination and limitation of repayment authority

(A)
Sunset of repayment plans available before

Paragraphs (1) through (4) of this subsection shall only apply to loans made under this part before .
(B)
Prohibitions

The Secretary may not, for any loan made under this part on or after —

(i) authorize a borrower of such a loan to repay such loan pursuant to a repayment plan that is not described in paragraph (7)(A); or
(ii) carry out or modify a repayment plan that is not described in such paragraph.
(7)

Repayment plans for loans made on or after

(A)
Design and selection

Beginning on , the Secretary shall offer a borrower of a loan made under this part on or after such date (including such a borrower who also has a loan made under this part before such date) two plans for repayment of the borrower’s loans under this part, including principal and interest on such loans. The borrower shall be entitled to accelerate, without penalty, repayment on such loans. The borrower may choose—

(i)

a standard repayment plan—

(I) with a fixed monthly repayment amount paid over a fixed period of time equal to the applicable period determined under subclause (II); and
(II)

with the applicable period of time for repayment determined based on the total outstanding principal of all loans of the borrower made under this part before, on, or after , at the time the borrower is entering repayment under such plan, as follows—

(aa) for a borrower with total outstanding principal of less than $25,000, a period of 10 years;
(bb) for a borrower with total outstanding principal of not less than $25,000 and less than $50,000, a period of 15 years;
(cc) for a borrower with total outstanding principal of not less than $50,000 and less than $100,000, a period of 20 years; and
(dd) for a borrower with total outstanding principal of $100,000 or more, a period of 25 years; or
(ii) the income-based Repayment Assistance Plan under subsection (q).
(B)
Selection by Secretary

If a borrower of a loan made under this part on or after , does not select a repayment plan described in subparagraph (A), the Secretary shall provide the borrower with the standard repayment plan described in subparagraph (A)(i).
(C)
Selection applies to all outstanding loans

A borrower is required to pay each outstanding loan of the borrower made under this part under the same selected repayment plan, except that a borrower who selects the Repayment Assistance Plan and also has an excepted loan that is not eligible for repayment under such Repayment Assistance Plan shall repay the excepted loan separately from other loans under this part obtained by the borrower.
(D)
Changes of repayment plan

A borrower may change the borrower’s selection of—

(i) the standard repayment plan under subparagraph (A)(i), or the Secretary’s selection of such plan for the borrower under subparagraph (B), as the case may be, to the Repayment Assistance Plan under subparagraph (A)(ii) at any time; and
(ii) the Repayment Assistance Plan under subparagraph (A)(ii) to the standard repayment plan under subparagraph (A)(i) at any time.
(E)
Repayment for borrowers with excepted loans made on or after
(i)
Standard repayment plan required

Notwithstanding subparagraphs (A) through (D), beginning on , the Secretary shall require a borrower who has received an excepted loan made on or after such date (including such a borrower who also has an excepted loan made before such date) to repay each excepted loan, including principal and interest on those excepted loans, under the standard repayment plan under subparagraph (A)(i). The borrower shall be entitled to accelerate, without penalty, repayment on such loans.
(ii)
Excepted loan defined

For the purposes of this paragraph, the term “excepted loan” means a loan with an outstanding balance that is—

(I) a Federal Direct PLUS Loan that is made on behalf of a dependent student; or
(II)

a Federal Direct Consolidation Loan, if the proceeds of such loan were used to discharge the liability on—

(aa) an excepted PLUS loan, as defined in section 1098e(a)(1) of this title; or
(bb) an excepted consolidation loan (as such term is defined in section 1098e(a)(2)(A) of this title, notwithstanding subparagraph (B) of such section).
(e)

Income contingent repayment

(1)

Information and procedures

The Secretary may obtain such information as is reasonably necessary regarding the income of a borrower (and the borrower’s spouse, if applicable) of a loan made under this part that is, or may be, repaid pursuant to income contingent repayment, for the purpose of determining the annual repayment obligation of the borrower. Returns and return information (as defined in section 6103 of title 26) may be obtained under the preceding sentence only to the extent authorized by section 6103(l)(13) of title 26. The Secretary shall establish procedures for determining the borrower’s repayment obligation on that loan for such year, and such other procedures as are necessary to implement effectively income contingent repayment.
(2)

Repayment based on adjusted gross income

A repayment schedule for a loan made under this part and repaid pursuant to income contingent repayment shall be based on the adjusted gross income (as defined in section 62 of title 26) of the borrower or, if the borrower is married and files a Federal income tax return jointly with the borrower’s spouse, on the adjusted gross income of the borrower and the borrower’s spouse.
(3)

Additional documents

A borrower who chooses, or is required, to repay a loan made under this part pursuant to income contingent repayment, and for whom adjusted gross income is unavailable or does not reasonably reflect the borrower’s current income, shall provide to the Secretary other documentation of income satisfactory to the Secretary, which documentation the Secretary may use to determine an appropriate repayment schedule.
(4)

Repayment schedules

Income contingent repayment schedules shall be established by regulations promulgated by the Secretary and shall require payments that vary in relation to the appropriate portion of the annual income of the borrower (and the borrower’s spouse, if applicable) as determined by the Secretary.
(5)

Calculation of balance due

The balance due on a loan made under this part that is repaid pursuant to income contingent repayment shall equal the unpaid principal amount of the loan, any accrued interest, and any fees, such as late charges, assessed on such loan. The Secretary may promulgate regulations limiting the amount of interest that may be capitalized on such loan, and the timing of any such capitalization.
(6)

Notification to borrowers

The Secretary shall establish procedures under which a borrower of a loan made under this part who chooses or is required to repay such loan pursuant to income contingent repayment is notified of the terms and conditions of such plan, including notification of such borrower, that if a borrower considers that special circumstances, such as a loss of employment by the borrower or the borrower’s spouse, warrant an adjustment in the borrower’s loan repayment, the borrower may contact the Secretary, who shall determine whether such adjustment is appropriate, in accordance with criteria established by the Secretary.
(7)

Maximum repayment period

In calculating the extended period of time for which an income contingent repayment plan under this subsection may be in effect for a borrower, the Secretary shall include all time periods during which a borrower of loans under part B, part D, or part E—

(A) is not in default on any loan that is included in the income contingent repayment plan; and
(B)
(i) is in deferment due to an economic hardship described in section 1085(o) of this title;
(ii) makes monthly payments under paragraph (1) or (6) of section 1098e(b) of this title;
(iii) makes monthly payments of not less than the monthly amount calculated under section 1078(b)(9)(A)(i) of this title or subsection (d)(1)(A), based on a 10-year repayment period, when the borrower first made the election described in section 1098e(b)(1) of this title;
(iv) makes payments of not less than the payments required under a standard repayment plan under section 1078(b)(9)(A)(i) of this title or subsection (d)(1)(A) with a repayment period of 10 years; or
(v) makes payments under an income contingent repayment plan under subsection (d)(1)(D).
(8)

Automatic recertification

(A)
In general

The Secretary shall establish and implement, with respect to any borrower described in subparagraph (B), procedures to—

(i) use return information disclosed under section 6103(l)(13) of title 26, pursuant to approval provided under section 1098h of this title, to determine the repayment obligation of the borrower without further action by the borrower;
(ii) allow the borrower (or the spouse of the borrower), at any time, to opt out of disclosure under such section 6103(l)(13) and instead provide such information as the Secretary may require to determine the repayment obligation of the borrower (or withdraw from the repayment plan under this subsection); and
(iii) provide the borrower with an opportunity to update the return information so disclosed before the determination of the repayment obligation of the borrower.
(B)
Applicability

Subparagraph (A) shall apply to each borrower of a loan made under this part who, on or after the date on which the Secretary establishes procedures under such subparagraph—

(i) selects, or is required to repay such loan pursuant to, an income-contingent repayment plan; or
(ii) recertifies income or family size under such plan.
(f)

Deferment; Forbearance

(1)

Effect on principal and interest

A borrower of a loan made under this part who meets the requirements described in paragraph (2) shall be eligible for a deferment, during which periodic installments of principal need not be paid, and interest—

(A)

shall not accrue, in the case of a—

(i) Federal Direct Stafford Loan; or
(ii) a Federal Direct Consolidation Loan that consolidated only Federal Direct Stafford Loans, or a combination of such loans and Federal Stafford Loans for which the student borrower received an interest subsidy under section 1078 of this title; or
(B) shall accrue and be capitalized or paid by the borrower, in the case of a Federal Direct PLUS Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan not described in subparagraph (A)(ii).
(2)

Eligibility

A borrower of a loan made under this part shall be eligible for a deferment during any period—

(A)

during which the borrower—

(i) is carrying at least one-half the normal full-time work load for the course of study that the borrower is pursuing, as determined by the eligible institution (as such term is defined in section 1085(a) of this title) the borrower is attending; or
(ii) is pursuing a course of study pursuant to a graduate fellowship program approved by the Secretary, or pursuant to a rehabilitation training program for individuals with disabilities approved by the Secretary,
except that no borrower shall be eligible for a deferment under this subparagraph, or a loan made under this part (other than a Federal Direct PLUS Loan or a Federal Direct Consolidation Loan), while serving in a medical internship or residency program;
(B) subject to paragraph (7), not in excess of 3 years during which the borrower is seeking and unable to find full-time employment;
(C)

during which the borrower—

(i) is serving on active duty during a war or other military operation or national emergency; or
(ii) is performing qualifying National Guard duty during a war or other military operation or national emergency,
and for the 180-day period following the demobilization date for the service described in clause (i) or (ii); or
(D) subject to paragraph (7), not in excess of 3 years during which the Secretary determines, in accordance with regulations prescribed under section 1085(o) of this title, that the borrower has experienced or will experience an economic hardship.
(3)

Deferment for borrowers receiving cancer treatment

(A)
Effect on principal and interest

A borrower of a loan made under this part who meets the requirements of subparagraph (B) shall be eligible for a deferment, during which periodic installments of principal need not be paid, and interest shall not accrue.
(B)
Eligibility

A borrower of a loan made under this part shall be eligible for a deferment during—

(i) any period in which such borrower is receiving treatment for cancer; and
(ii) the 6 months after such period.
(C)
Applicability

This paragraph shall apply with respect to loans—

(i) made on or after ; or
(ii) in repayment on .
(4)

Deferment for dislocated military spouses

(A)
Duration and effect on principal and interest

A borrower of a loan made under this part who meets the requirements of subparagraph (B) shall be eligible for a deferment for an aggregate period of 180 days, during which periodic installments of principal need not be paid, and interest—

(i)

shall not accrue, in the case of a—

(I) Federal Direct Stafford Loan; or
(II) a Federal Direct Consolidation Loan that consolidated only Federal Direct Stafford Loans, or a combination of such loans and Federal Stafford Loans for which the student borrower received an interest subsidy under section 1078 of this title; or
(ii) shall accrue and be capitalized or paid by the borrower, in the case of a Federal Direct PLUS Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan not described in clause (i)(II).
(B)
Eligibility

A borrower of a loan made under this part shall be eligible for a deferment under subparagraph (A) if the borrower—

(i) is the spouse of a member of the Armed Forces serving on active duty; and
(ii) has experienced a loss of employment as a result of relocation to accommodate a permanent change in duty station of such member.
(C)
Documentation and approval
(i)
In general

A borrower may establish eligibility for a deferment under subparagraph (A) by providing to the Secretary—

(I) the documentation described in clause (ii); or
(II) such other documentation as the Secretary determines appropriate.
(ii)
Documentation

The documentation described in this clause is—

(I) evidence that the borrower is the spouse of a member of the Armed Forces serving on active duty;
(II) evidence that a military permanent change of station order was issued to such member; and
(III)
(aa) evidence that the borrower is eligible for unemployment benefits due to a loss of employment resulting from relocation to accommodate such permanent change in duty station; or
(bb) a written certification, or an equivalent as approved by the Secretary, that the borrower is registered with a public or private employment agency due to a loss of employment resulting from relocation to accommodate such permanent change in duty station.
(5)

“Borrower” defined

For the purpose of this subsection, the term “borrower” means an individual who is a new borrower on the date such individual applies for a loan under this part for which the first disbursement is made on or after .
(6)

Deferments for previous part B loan borrowers

A borrower of a loan made under this part, who at the time such individual applies for such loan, has an outstanding balance of principal or interest owing on any loan made, insured, or guaranteed under part B of this subchapter prior to , shall be eligible for a deferment under section 1077(a)(2)(C) of this title or section 1078(b)(1)(M) of this title as such sections were in effect on .
(7)

Sunset of unemployment and economic hardship deferments

A borrower who receives a loan made under this part on or after , shall not be eligible to defer such loan under subparagraph (B) or (D) of paragraph (2).
(8)

Forbearance on loans made under this part on or after

A borrower who receives a loan made under this part on or after , may only be eligible for a forbearance on such loan pursuant to section 1078(c)(3)(B) of this title that does not exceed 9 months during any 24-month period.
(g)

Federal Direct Consolidation Loans

(1)

In general

A borrower of a loan made under this part may consolidate such loan with the loans described in section 1078–3(a)(4) of this title, including any loan made under part B and first disbursed before . To be eligible for a consolidation loan under this part, a borrower shall meet the eligibility criteria set forth in section 1078–3(a)(3) of this title.
(2)

Separating joint consolidation loans

(A)
In general
(i)
Authorization

A married couple, or 2 individuals who were previously a married couple, and who received a joint consolidation loan as such married couple under subparagraph (C) of section 1078–3(a)(3) of this title (as such subparagraph was in effect on ), may apply to the Secretary, in accordance with subparagraph (C) of this paragraph, for each individual borrower in the married couple (or previously married couple) to receive a separate Federal Direct Consolidation Loan under this part.
(ii)
Eligibility for borrowers in default

Notwithstanding any other provision of this chapter, a married couple, or 2 individuals who were previously a married couple, who are in default on a joint consolidation loan may be eligible to receive a separate Federal Direct Consolidation Loan under this part in accordance with this paragraph.
(B)
Secretarial requirements

Notwithstanding section 1078–3(a)(3)(A) of this title or any other provision of law, for each individual borrower who applies under subparagraph (A), the Secretary shall—

(i)

make a separate Federal Direct Consolidation Loan under this part that—

(I)

shall be for an amount equal to the product of—

(aa) the unpaid principal and accrued unpaid interest of the joint consolidation loan (as of the date that is the day before such separate consolidation loan is made) and any outstanding charges and fees with respect to such loan; and
(bb)

the percentage of the joint consolidation loan attributable to the loans of the individual borrower for whom such separate consolidation loan is being made, as determined—

(AA) on the basis of the loan obligations of such borrower with respect to such joint consolidation loan (as of the date such joint consolidation loan was made); or
(BB) in the case in which both borrowers request, on the basis of proportions outlined in a divorce decree, court order, or settlement agreement; and
(II) has the same rate of interest as the joint consolidation loan (as of the date that is the day before such separate consolidation loan is made); and
(ii) in a timely manner, notify each individual borrower that the joint consolidation loan had been repaid and of the terms and conditions of their new loans.
(C)
Application for separate direct consolidation loan
(i)
Joint application

Except as provided in clause (ii), to receive separate consolidation loans under this part, both individual borrowers in a married couple (or previously married couple) shall jointly apply under subparagraph (A).
(ii)
Separate application

An individual borrower in a married couple (or previously married couple) may apply for a separate consolidation loan under subparagraph (A) separately and without regard to whether or when the other individual borrower in the married couple (or previously married couple) applies under subparagraph (A), in a case in which—

(I)

the individual borrower certifies to the Secretary that such borrower—

(aa) has experienced an act of domestic violence (as defined in section 12291 of title 34 from the other individual borrower;
(bb) has experienced economic abuse (as defined in section 12291 of title 34 from the other individual borrower; or
(cc) is unable to reasonably reach or access the loan information of the other individual borrower; or
(II) the Secretary determines that authorizing each individual borrower to apply separately under subparagraph (A) would be in the best fiscal interests of the Federal Government.
(iii)
Remaining obligation from separate application

In the case of an individual borrower who receives a separate consolidation loan due to the circumstances described in clause (ii), the other non-applying individual borrower shall become solely liable for the remaining balance of the joint consolidation loan.
(3)

Consolidation loans made on or after

A Federal Direct Consolidation Loan offered to a borrower under this part on or after , may only be repaid pursuant to a repayment plan described in clause (i) or (ii) of subsection (d)(7)(A) of this section, as applicable, and the repayment schedule of such a Consolidation Loan shall be determined in accordance with such repayment plan.
(h)

Borrower defenses

Notwithstanding any other provision of State or Federal law, the Secretary shall specify in regulations which acts or omissions of an institution of higher education a borrower may assert as a defense to repayment of a loan made under this part, except that in no event may a borrower recover from the Secretary, in any action arising from or relating to a loan made under this part, an amount in excess of the amount such borrower has repaid on such loan.
(i)

Loan application and promissory note

The common financial reporting form required in section 1090(a)(1) of this title shall constitute the application for loans made under this part (other than a Federal Direct PLUS loan). The Secretary shall develop, print, and distribute to participating institutions a standard promissory note and loan disclosure form.
(j)

Loan disbursement

(1)

In general

Proceeds of loans to students under this part shall be applied to the student’s account for tuition and fees, and, in the case of institutionally owned housing, to room and board. Loan proceeds that remain after the application of the previous sentence shall be delivered to the borrower by check or other means that is payable to and requires the endorsement or other certification by such borrower.
(2)

Payment periods

The Secretary shall establish periods for the payments described in paragraph (1) in a manner consistent with payment of Federal Pell Grants under subpart 1 of part A of this subchapter.
(k)

Fiscal control and fund accountability

(1)

In general

(A) An institution shall maintain financial records in a manner consistent with records maintained for other programs under this subchapter.
(B) Except as otherwise required by regulations of the Secretary 1 an institution may maintain loan funds under this part in the same account as other Federal student financial assistance.
(2)

Payments and refunds

Payments and refunds shall be reconciled in a manner consistent with the manner set forth for the submission of a payment summary report required of institutions participating in the program under subpart 1 of part A, except that nothing in this paragraph shall prevent such reconciliations on a monthly basis.
(3)

Transaction histories

All transaction histories under this part shall be maintained using the same system designated by the Secretary for the provision of Federal Pell Grants under subpart 1 of part A of this subchapter.
(l)

Armed Forces and NOAA Commissioned Officer Corps student loan interest payment programs

(1)

Authority

Using funds received by transfer to the Secretary under section 2174 of title 10 or section 3078 of title 33 for the payment of interest on a loan made under this part to a member of the Armed Forces or an officer in the commissioned officer corps of the National Oceanic and Atmospheric Administration, respectively, the Secretary shall pay the interest on the loan as due for a period not in excess of 36 consecutive months. The Secretary may not pay interest on such a loan out of any funds other than funds that have been so transferred.
(2)

Forbearance

During the period in which the Secretary is making payments on a loan under paragraph (1), the Secretary shall grant the borrower forbearance, in the form of a temporary cessation of all payments on the loan other than the payments of interest on the loan that are made under that paragraph.
(m)

Repayment plan for public service employees

(1)

In general

The Secretary shall cancel the balance of interest and principal due, in accordance with paragraph (2), on any eligible Federal Direct Loan not in default for a borrower who—

(A)

has made 120 monthly payments on the eligible Federal Direct Loan after , pursuant to any one or a combination of the following—

(i) payments under an income-based repayment plan under section 1098e of this title;
(ii) payments under a standard repayment plan under subsection (d)(1)(A), based on a 10-year repayment period;
(iii) monthly payments under a repayment plan under subsection (d)(1) or (g) of not less than the monthly amount calculated under subsection (d)(1)(A), based on a 10-year repayment period;
(iv) payments under an income contingent repayment plan under subsection (d)(1)(D) (as in effect on the day before the date of the repeal of subsection (e) of this section); or
(v) on-time payments under the Repayment Assistance Plan under subsection (q); and
(B)
(i) is employed in a public service job at the time of such forgiveness; and
(ii) has been employed in a public service job during the period in which the borrower makes each of the 120 payments described in subparagraph (A).
(2)

Loan cancellation amount

After the conclusion of the employment period described in paragraph (1), the Secretary shall cancel the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part.
(3)

Definitions

In this subsection:

(A)
Eligible Federal Direct Loan

The term “eligible Federal Direct Loan” means a Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan.
(B)
Public service job

The term “public service job” means—

(i) a full-time job in emergency management, government (excluding time served as a member of Congress), military service, public safety, law enforcement, public health (including nurses, nurse practitioners, nurses in a clinical setting, and full-time professionals engaged in health care practitioner occupations and health care support occupations, as such terms are defined by the Bureau of Labor Statistics), public education, social work in a public child or family service agency, public interest law services (including prosecution or public defense or legal advocacy on behalf of low-income communities at a nonprofit organization), early childhood education (including licensed or regulated childcare, Head Start, and State funded prekindergarten), public service for individuals with disabilities, public service for the elderly, public library sciences, school-based library sciences and other school-based services, or at an organization that is described in section 501(c)(3) of title 26 and exempt from taxation under section 501(a) of such title; or
(ii) teaching as a full-time faculty member at a Tribal College or University as defined in section 1059c(b) of this title and other faculty teaching in high-needs subject areas or areas of shortage (including nurse faculty, foreign language faculty, and part-time faculty at community colleges), as determined by the Secretary.
(4)

Ineligibility for double benefits

No borrower may, for the same service, receive a reduction of loan obligations under both this subsection and section 1078–10, 1078–11, 1078–12, or 1087j of this title.
(n)

Identity fraud protection

The Secretary shall take such steps as may be necessary to ensure that monthly Federal Direct Loan statements and other publications of the Department do not contain more than four digits of the Social Security number of any individual.
(o)

No accrual of interest for active duty service members

(1)

In general

Notwithstanding any other provision of this part and in accordance with paragraphs (2) and (4), interest shall not accrue for an eligible military borrower on a loan made under this part for which the first disbursement is made on or after .
(2)

Consolidation loans

In the case of any consolidation loan made under this part that is disbursed on or after , interest shall not accrue pursuant to this subsection only on such portion of such loan as was used to repay a loan made under this part for which the first disbursement is made on or after .
(3)

Eligible military borrower

In this subsection, the term “eligible military borrower” means an individual who—

(A)
(i) is serving on active duty during a war or other military operation or national emergency; or
(ii) is performing qualifying National Guard duty during a war or other military operation or national emergency; and
(B) is serving in an area of hostilities in which service qualifies for special pay under section 310, or paragraph (1) or (3) of section 351(a), of title 37.
(4)

Limitation

An individual who qualifies as an eligible military borrower under this subsection may receive the benefit of this subsection for not more than 60 months.
(p)

Disclosures

Each institution of higher education with which the Secretary has an agreement under section 1087c of this title, and each contractor with which the Secretary has a contract under section 1087f of this title, shall, with respect to loans under this part and in accordance with such regulations as the Secretary shall prescribe, comply with each of the requirements under section 1083 of this title that apply to a lender with respect to a loan under part B.
(q)

Repayment Assistance Plan

(1)

In general

Notwithstanding any other provision of this chapter, beginning on , the Secretary shall carry out an income-based repayment plan (to be known as the “Repayment Assistance Plan”), that shall have the following terms and conditions:

(A) The total monthly repayment amount owed by a borrower for all of the loans of the borrower that are repaid pursuant to the Repayment Assistance Plan shall be equal to the applicable monthly payment of a borrower calculated under paragraph (4)(B), except that the borrower may not be precluded from repaying an amount that exceeds such amount for any month.
(B) The Secretary shall apply the borrower’s applicable monthly payment under this paragraph first toward interest due on each such loan, next toward any fees due on each loan, and then toward the principal of each loan.
(C) Any principal due and not paid under subparagraph (B) or paragraph (2)(B) shall be deferred.
(D)

A borrower who is not in a period of deferment or forbearance shall make an applicable monthly payment for each month until the earlier of—

(i) the date on which the outstanding balance of principal and interest due on all of the loans of the borrower that are repaid pursuant to the Repayment Assistance Plan is $0; or
(ii) the date on which the borrower has made 360 qualifying monthly payments.
(E)

The Secretary shall cancel any outstanding balance of principal and interest due on a loan made under this part to a borrower—

(i) who, for any period of time, participated in the Repayment Assistance Plan under this subsection;
(ii) whose most recent payment for such loan prior to the loan cancellation under this subparagraph was made under such Repayment Assistance Plan; and
(iii) who has made 360 qualifying monthly payments on such loan.
(F)

For the purposes of this subsection, the term “qualifying monthly payment” means any of the following:

(i) An on-time applicable monthly payment under this subsection.
(ii) An on-time monthly payment under the standard repayment plan under subsection (d)(7)(A)(i) of not less than the monthly payment required under such plan.
(iii) A monthly payment under any repayment plan (excluding the Repayment Assistance Plan under this subsection) of not less than the monthly payment that would be required under a standard repayment plan under subsection (d)(1)(A) with a repayment period of 10 years.
(iv) A monthly payment under section 1098e of this title of not less than the monthly payment required under such section, including a monthly payment equal to the minimum payment amount permitted under such section.
(v) A monthly payment made before , under an income contingent repayment plan carried out under subsection (d)(1)(D) (or under an alternative repayment plan in lieu of repayment under such an income contingent repayment plan, if placed in such an alternative repayment plan by the Secretary) of not less than the monthly payment required under such a plan, including a monthly payment equal to the minimum payment amount permitted under such a plan.
(vi) A month when the borrower did not make a payment because the borrower was in deferment under subsection (f)(2)(B) or due to an economic hardship described in subsection (f)(2)(D).
(vii) A month that ended before , when the borrower did not make a payment because the borrower was in a period of deferment or forbearance described in section 685.209(k)(4)(iv) of title 34, Code of Federal Regulations (as in effect on ).
(G) The procedures established by the Secretary under section 1098e(c) of this title shall apply for annually determining the borrower’s eligibility for the Repayment Assistance Plan, including verification of a borrower’s annual income and the annual amount due on the total amount of loans eligible to be repaid under this subsection, and such other procedures as are necessary to effectively implement income-based repayment under this subsection. With respect to carrying out section 1098h(a)(2) of this title for the Repayment Assistance Plan, an individual may elect to opt out of the disclosures required under section 1098h(a)(2)(A)(ii) of this title in accordance with the procedures established under section 1098e(c)(2) of this title.
(2)

Balance assistance for distressed borrowers

(A)
Interest subsidy

With respect to a borrower of a loan made under this part, for each month for which such a borrower makes an on-time applicable monthly payment required under paragraph (1)(A) and such monthly payment is insufficient to pay the total amount of interest that accrues for the month on all loans of the borrower repaid pursuant to the Repayment Assistance Plan under this subsection, the amount of interest accrued and not paid for the month shall not be charged to the borrower.
(B)
Matching principal payment

With respect to a borrower of a loan made under this part and not in a period of deferment or forbearance, for each month for which a borrower makes an on-time applicable monthly payment required under paragraph (1)(A) and such monthly payment reduces the total outstanding principal balance of all loans of the borrower repaid pursuant to the Repayment Assistance Plan under this subsection by less than $50, the Secretary shall reduce such total outstanding principal balance of the borrower by an amount that is equal to—

(i)

the amount that is the lesser of—

(I) $50; or
(II) the total amount paid by the borrower for such month pursuant to paragraph (1)(A); minus
(ii) the total amount paid by the borrower for such month pursuant to paragraph (1)(A) that is applied to such total outstanding principal balance.
(3)

Additional documents

A borrower who chooses, or is required, to repay a loan under this subsection, and for whom adjusted gross income is unavailable or does not reasonably reflect the borrower’s current income, shall provide to the Secretary other documentation of income satisfactory to the Secretary, which documentation the Secretary may use to determine repayment under this subsection.
(4)

Definitions

In this subsection:

(A)
Adjusted gross income

The term “adjusted gross income”, when used with respect to a borrower, means the adjusted gross income (as such term is defined in section 62 of title 26) of the borrower (and the borrower’s spouse, as applicable) for the most recent taxable year, except that, in the case of a married borrower who files a separate Federal income tax return, the term does not include the adjusted gross income of the borrower’s spouse.
(B)
Applicable monthly payment
(i)
In general

Except as provided in clause (ii), (iii), or (vi), the term “applicable monthly payment” means, when used with respect to a borrower, the amount equal to—

(I) the applicable base payment of the borrower, divided by 12; minus
(II) $50 for each dependent of the borrower (which, in the case of a married borrower filing a separate Federal income tax return, shall include only each dependent that the borrower claims on that return).
(ii)
Minimum amount

In the case of a borrower with an applicable monthly payment amount calculated under clause (i) that is less than $10, the applicable monthly payment of the borrower shall be $10.
(iii)
Final payment

In the case of a borrower whose total outstanding balance of principal and interest on all of the loans of the borrower that are repaid pursuant to the Repayment Assistance Plan is less than the applicable monthly payment calculated pursuant to clause (i) or (ii), as applicable, then the applicable monthly payment of the borrower shall be the total outstanding balance of principal and interest on all such loans.
(iv)
Base payment

The amount of the applicable base payment for a borrower with an adjusted gross income of—

(I) not more than $10,000, is $120;
(II) more than $10,000 and not more than $20,000, is 1 percent of such adjusted gross income;
(III) more than $20,000 and not more than $30,000, is 2 percent of such adjusted gross income;
(IV) more than $30,000 and not more than $40,000, is 3 percent of such adjusted gross income;
(V) more than $40,000 and not more than $50,000, is 4 percent of such adjusted gross income;
(VI) more than $50,000 and not more than $60,000, is 5 percent of such adjusted gross income;
(VII) more than $60,000 and not more than $70,000, is 6 percent of such adjusted gross income;
(VIII) more than $70,000 and not more than $80,000, is 7 percent of such adjusted gross income;
(IX) more than $80,000 and not more than $90,000, is 8 percent of such adjusted gross income;
(X) more than $90,000 and not more than $100,000, is 9 percent of such adjusted gross income; and
(XI) more than $100,000, is 10 percent of such adjusted gross income.
(v)
Dependent

For the purposes of this paragraph, the term “dependent” means an individual who is a dependent under section 152 of title 26.
(vi)
Special rule

In the case of a borrower who is required by the Secretary to provide information to the Secretary to determine the applicable monthly payment of the borrower under this subparagraph, and who does not comply with such requirement, the applicable monthly payment of the borrower shall be—

(I) the sum of the monthly payment amounts the borrower would have paid for each of the borrower’s loans made under this part under a standard repayment plan with a fixed monthly repayment amount, paid over a period of 10 years, based on the outstanding principal due on such loan when such loan entered repayment; and
(II) determined pursuant to this clause until the date on which the borrower provides such information to the Secretary.
(Pub. L. 89–329, title IV, § 455, as added Pub. L. 99–498, title IV, § 404, , 100 Stat. 1439; amended Pub. L. 102–325, title IV, § 451, , 106 Stat. 572; Pub. L. 103–66, title IV, § 4021, , 107 Stat. 346; Pub. L. 103–382, title III, § 359, , 108 Stat. 3968; Pub. L. 105–178, title VIII, § 8301(c), , 112 Stat. 498; Pub. L. 105–244, title IV, §§ 401(g)(6), 452(a)(1), (b), (c), , 112 Stat. 1652, 1715–1717; Pub. L. 106–554, § 1(a)(1) [title III, § 318(b)], , 114 Stat. 2763, 2763A–49; Pub. L. 107–139, § 1(b), (c), , 116 Stat. 9; Pub. L. 107–314, div. A, title VI, § 651(c), , 116 Stat. 2580; Pub. L. 109–171, title VIII, §§ 8007(b), 8008(b), (c)(2), (3), 8009(d), , 120 Stat. 160, 162–164; Pub. L. 110–84, title II, §§ 201(b), 202(b), 203(b)(3), 205, title IV, § 401, , 121 Stat. 791, 795, 800; Pub. L. 110–315, title I, § 103(b)(8), title IV, §§ 425(b)(3), 451, , 122 Stat. 3089, 3234, 3261; Pub. L. 111–39, title IV, § 404(b)(2), , 123 Stat. 1946; Pub. L. 111–152, title II, § 2211(a), , 124 Stat. 1078; Pub. L. 112–25, title V, §§ 502, 503, , 125 Stat. 266; Pub. L. 112–141, div. F, title III, §§ 100301, 100302(a), , 126 Stat. 979; Pub. L. 113–28, § 2(a), , 127 Stat. 506; Pub. L. 114–328, div. A, title VI, § 618(e), , 130 Stat. 2160; Pub. L. 115–245, div. B, title III, § 309(a), , 132 Stat. 3105; Pub. L. 116–91, § 4(a), , 133 Stat. 1192; Pub. L. 116–259, title II, § 202(b)(2), , 134 Stat. 1163; Pub. L. 116–260, div. FF, title VII, § 705(a), , 134 Stat. 3200; Pub. L. 117–200, § 2(a), , 136 Stat. 2219; Pub. L. 118–31, div. A, title X, § 1054(a), , 137 Stat. 397; Pub. L. 119–21, title VIII, §§ 81001, 82001(b), (c)(1), (d), (e), 82002, 82004, , 139 Stat. 334, 337, 340, 341, 345, 348.)