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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 20 U.S.C. § 1073 Effects of adequate non-Federal programs us united_states_code code_section 20 EDUCATION 28 HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE 1073 20 U.S.C. § 1073 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc20@119-100.zip /us/usc/t20/s1073 data/legal/raw/us/code/title-20/usc20.xml c8c3efb6c7d8277ca871e17e17baf196c27fc4dab113dd58bcca576844b6a046 6022872c5d6a3398d1728f82f8cefcb58db9f5ff548e2a636450be1e4a8bb052 d24e4d7290c41e3c9b72c77aa5eb2dfecb7837b495c9bfa2e63fb0eff28ab2c5 2026-07-04 official
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20 U.S.C. § 1073 - Effects of adequate non-Federal programs

Text

(a) Federal insurance barred to lenders with access to State or private insurance Except as provided in subsection (b), the Secretary shall not issue certificates of insurance under section 1079 of this title to lenders in a State if the Secretary determines that every eligible institution has reasonable access in that State to a State or private nonprofit student loan insurance program which is covered by an agreement under section 1078(b) of this title.

(b) Exceptions The Secretary may issue certificates of insurance under section 1079 of this title to a lender in a State—

(1) for insurance of a loan made to a student borrower who does not, by reason of the borrowers residence, have access to loan insurance under the loan insurance program of such State (or under any private nonprofit loan insurance program which has received an advance under section 1072 of this title for the benefit of students in such State);

(2) for insurance of all the loans made to student borrowers by a lender who satisfies the Secretary that, by reason of the residence of such borrowers, such lender will not have access to any single State or nonprofit private loan insurance program which will insure substantially all of the loans such lender intends to make to such student borrowers; or

(3) under such circumstances as may be approved by the guaranty agency in such State, for the insurance of a loan to a borrower for whom such lender previously was issued such a certificate if the loan covered by such certificate is not yet repaid.

(Pub. L. 89329, title IV, § 423, as added Pub. L. 99498, title IV, § 402(a), Oct. 17, 1986, 100 Stat. 1358.)

Notes

Editorial Notes

Prior ProvisionsA prior section 1073, Pub. L. 89329, title IV, § 423, Nov. 8, 1965, 79 Stat. 1237; Pub. L. 90575, title I, § 119(a), Oct. 16, 1968, 82 Stat. 1026; Pub. L. 94482, title I, § 127(a), Oct. 12, 1976, 90 Stat. 2103; Pub. L. 9543, § 1(a)(14), June 15, 1977, 91 Stat. 214; Pub. L. 96374, title XIII, § 1391(a)(1), Oct. 3, 1980, 94 Stat. 1503, limited participation in Federal loan insurance programs, prior to the general revision of this part by Pub. L. 99498.