34 C.F.R. § 682.100

The Federal Family Education Loan programs

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) This part governs the following four programs collectively referred to in these regulations as “the Federal Family Education Loan (FFEL) programs,” in which lenders used their own funds prior to July 1, 2010, to make loans to enable a student or his or her parents to pay the costs of the student's attendance at postsecondary schools.

(1) The Federal Stafford Loan (Stafford) Program, which encouraged making loans to undergraduate, graduate, and professional students.

(2) The Federal Supplemental Loans for Students (SLS) Program, as in effect for periods of enrollment that began prior to July 1, 1994, which encouraged making loans to graduate, professional, independent undergraduate, and certain dependent undergraduate students.

(3) The Federal PLUS (PLUS) Program, which encouraged making loans to parents of dependent undergraduate students. Before October 17, 1986, the PLUS Program also provided for making loans to graduate, professional, and independent undergraduate students. Before July 1, 1993, the PLUS Program also provided for making loans to parents of dependent graduate students. The PLUS Program also provided for making loans to graduate and professional students on or after July 1, 2006 and prior to July 1, 2010.

(4) The Federal Consolidation Loan Program (Consolidation Loan Program), which encouraged making loans to borrowers for the purpose of consolidating loans: under the Federal Insured Student Loan (FISL), Stafford loan, SLS, ALAS (as in effect before October 17, 1986), PLUS, Perkins Loan programs, the Health Professions Student Loan (HPSL) including Loans for Disadvantaged Students (LDS) Program authorized by subpart II of part A of Title VII of the Public Health Services Act, Health Education Assistance Loans (HEAL) authorized by subpart I of Part A of Title VII of the Health Services Act, Nursing Student Loan Program loans authorized by subpart II of part B of title VIII of the Public Health Service Act, and existing loans obtained under the Consolidation Loan Program, and William D. Ford Direct Loan (Direct Loan) program loans, if the application for the Consolidation loan was received on or after November 13, 1997 and prior to July 1, 2010.

(b)(1) Except for the loans guaranteed directly by the Secretary described in paragraph (b)(2) of this section, a guaranty agency guarantees a lender against losses due to default by the borrower on a FFEL loan. If the guaranty agency meets certain Federal requirements, the guaranty agency is reimbursed by the Secretary for all or part of the amount of default claims it pays to lenders.

(2)(i) The Secretary guarantees lenders against losses—

(A) Within the Stafford Loan Program, on loans made under Federal Insured Student Loan (FISL) Program;

(B) Within the PLUS Program, on loans made under the Federal PLUS Program;

(C) Within the SLS Program, on loans made under the Federal SLS Program as in effect for periods of enrollment that began prior to July 1, 1994; and

(D) Within the Consolidation Loan Program, on loans made under the Federal Consolidation Loan Program.

(ii) The loan programs listed in paragraph (b)(2)(i) of this section collectively are referred to in these regulations as the “Federal Guaranteed Student Loan (GSL) programs.”

(iii) The Federal GSL programs were authorized to operate in States not served by a guaranty agency program. In addition, the FISL and Federal SLS (as in effect for periods of enrollment that began prior to July 1, 1994) programs were authorized, under limited circumstances, to operate in States in which a guaranty agency program did not serve all eligible students.

(Authority: 20 U.S.C. 1701 to 1087-2) [57 FR 60323, Dec. 18, 1992, as amended at 59 FR 33348, June 28, 1994; 59 FR 61215, Nov. 29, 1994; 64 FR 18974, 18975, Apr. 16, 1999; 64 FR 58952, Nov. 1, 1999; 66 FR 34762, June 29, 2001; 71 FR 45698, Aug. 9, 2006; 78 FR 65806, Nov. 1, 2013]

Notes of Decisions

Cited in 40 cases (1 in the last 5 years), 1985–2021 · leading case: Student Loan Servicing All. v. Dist. of Columbia, 351 F. Supp. 3d 26 (D.C. Cir. 2018).

Sort: Relevance Newest Treatment

Student Loan Servicing All. v. Dist. of Columbia, 351 F. Supp. 3d 26 (D.C. Cir. 2018). · cites it 2× “Facts ¶ 22 (citing 34 C.F.R. § 682.100 (a) ). Consequently, student loans constitute an enormous industry, and the federal government plays a major role.”

Games v. Cavazos, 737 F. Supp. 1368 (D. Del. 1990). · cites it 4× “” 34 C.F.R. § 682.100 (a) (1984). 2 Under the program, the Federal Government reimburses State or private non-profit guarantee agencies for all or part of insurance claims they pay to lenders.”

Chae v. SLM Corp., 593 F.3d 936 (9th Cir. 2010). “34 C.F.R. § 682.100 (a)(2). Congress directs the DOE to issue common application forms and promissory notes to be used by FFELP participants.”

Hope D. Darrisaw v. Pennsylvania Higher Educ. Assistance Agency (PHEAA), 949 F.3d 1302 (11th Cir. 2020). · cites it 2× “3d at 1122 ; see also 34 C.F.R. § 682.100 . Guaranty agencies are either states or nonprofit organizations that agree with the Secretary to administer a loan-guarantee program under the Higher Education Act.”

Educ. Credit Mgmt. Corp. v. Optimum Welding, 285 F.R.D. 371 (D. Maryland 2012). “§§ 1078 (b)-(c), 1080; 34 C.F.R. § 682.100 (b)(1))). If a borrower defaults, the guaranty agency reimburses the holder of the loan; is itself reimbursed by the Secretary of Education under a reimbursement agreement; and is then authorized to collect on the defaulted loan from…”

Canterbury Career Sch., Inc. v. Riley, 833 F. Supp. 1097 (D.N.J. 1993). · cites it 3× “§ 1078 (b) — (c); 34 C.F.R. 682.100 and 682.401. In the event of default, the guaranty agency pays the lender the unpaid amount of the outstanding loan.”

United States Ex Rel. Vigil v. Nelnet, Inc., 639 F.3d 791 (8th Cir. 2011). “§§ 1078 (b)-(c), 1080; 34 C.F.R. § 682.100 (b)(1). Nelnet participates in the FFELP both as a Lender and a Servicer of student loans.”

Tipton v. Sec'y of Educ. of the United States, 768 F. Supp. 540 (S.D.W. Va 1991). · cites it 2× “The GSLP, which is at issue here, has two separate and distinct parts: (1) a guaranty agency program under which a state agency or private non-profit agency such as HEAF guarantees the student loans and is, in turn, reimbursed under a reinsurance agreement by the Secretary for…”

April Brannan v. United Student Aid Funds, Inc., 94 F.3d 1260 (9th Cir. 1996). “The former GSL program is now the Federal Family Education Loan program, see 34 C.F.R. § 682.100 (a) (1994), whereas the current GSL program encompasses loans guaranteed directly by the Department of Education, see 34 C.”

Citizens Sav. Bank v. Bell, 605 F. Supp. 1033 (D.R.I. 1985). “§ 1071 (a); 34 C.F.R. § 682.100 (a). Under the GAP scheme, various state and private non-profit surety agencies guarantee lenders against default by any eligible borrower, and Education reinsures the agencies for 80 to 100 percent of the agencies’ guaranteed payments to the…”

United States v. Robert O. Harmas, 974 F.2d 1262 (11th Cir. 1992). “Lenders lend their own funds and, in exchange, the federal government or a guarantee agency insures against their loss in the event of a default by the student borrowers. § 682.100(a), (d). Guarantee agencies are state or private nonprofit organizations that administer student…”

Ass'n of Accredited Cosmetology Schs. v. Lamar Alexander, Sec'y, United States Dep't of Educ., 979 F.2d 859 (D.C. Cir. 1992). “§ 1071 ; 34 C.F.R. § 682.100 (1990). State or non-profit agencies guarantee the repayment of the GSLs.”

Show all 40 citing cases →

— 34 C.F.R. § 682.100(a) — 1 case

Canterbury Career Sch., Inc. v. Riley, 833 F. Supp. 1097 (D.N.J. 1993). “§ 1078 (b) — (c); 34 C.F.R. 682.100 and 682.401. In the event of default, the guaranty agency pays the lender the unpaid amount of the outstanding loan.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.