---
kind: "section"
citation: "20 U.S.C. § 1080a"
title: "20"
title_heading: "Education"
number: "1080a"
heading: "Reports to consumer reporting agencies and institutions of higher education"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/1080a"
units:
  - "Chapter 28 — Higher Education Resources and Student Assistance"
  - "Subchapter IV — Student Assistance"
  - "Part B — Federal Family Education Loan Program"
---

# §1080a. Reports to consumer reporting agencies and institutions of higher education

- (a) **Agreements to exchange information—** For the purpose of promoting responsible repayment of [loans](/usc/20/1066a.md?p=2) covered by Federal [loan](/usc/20/1066a.md?p=2) insurance pursuant to this part or covered by a guaranty agreement pursuant to [section 1078 of this title](/usc/20/1078.md), the [Secretary](/usc/20/1003.md?p=17) and each [guaranty agency](/usc/20/1085.md?p=j), [eligible lender](/usc/20/1019.md?p=4), and subsequent [holder](/usc/20/1085.md?p=i) shall enter into an agreement with each [consumer reporting agency](/usc/20/1088.md?p=e) to exchange information concerning student borrowers, in accordance with the requirements of this section. For the purpose of assisting such [consumer reporting agencies](/usc/20/1088.md?p=e) in complying with the Fair Credit Reporting Act [[15 U.S.C. 1681](/usc/15/1681.md) et seq.], such agreements may provide for timely response by the [Secretary](/usc/20/1003.md?p=17) (concerning [loans](/usc/20/1066a.md?p=2) covered by Federal [loan](/usc/20/1066a.md?p=2) insurance) or by a [guaranty agency](/usc/20/1085.md?p=j), [eligible lender](/usc/20/1019.md?p=4), or subsequent [holder](/usc/20/1085.md?p=i) (concerning [loans](/usc/20/1066a.md?p=2) covered by a guaranty agreement), or to requests from such [consumer reporting agencies](/usc/20/1088.md?p=e) for responses to objections raised by borrowers. Subject to the requirements of [subsection (c)](#c), such agreements shall require the [Secretary](/usc/20/1003.md?p=17) or the [guaranty agency](/usc/20/1085.md?p=j), [eligible lender](/usc/20/1019.md?p=4), or subsequent [holder](/usc/20/1085.md?p=i), as appropriate, to disclose to such [consumer reporting agencies](/usc/20/1088.md?p=e), with respect to any [loan](/usc/20/1066a.md?p=2) under this part that has not been repaid by the borrower—
  - (1) that the [loan](/usc/20/1066a.md?p=2) is an [education loan](/usc/20/1019.md?p=3) (as such term is defined in [section 1019 of this title](/usc/20/1019.md));
  - (2) the total amount of [loans](/usc/20/1066a.md?p=2) made to any borrower under this part and the remaining balance of the [loans](/usc/20/1066a.md?p=2);
  - (3) information concerning the repayment status of the [loan](/usc/20/1066a.md?p=2) for inclusion in the file of the borrower, except that nothing in this subsection shall be construed to affect any otherwise applicable provision of the Fair Credit Reporting Act ([15 U.S.C. 1681](/usc/15/1681.md) et seq.);
  - (4) information concerning the date of any [default](/usc/20/1085.md?p=l) on the [loan](/usc/20/1066a.md?p=2) and the collection of the [loan](/usc/20/1066a.md?p=2), including information concerning the repayment status of any defaulted [loan](/usc/20/1066a.md?p=2) on which the [Secretary](/usc/20/1003.md?p=17) has made a payment pursuant to [section 1080(a) of this title](/usc/20/1080.md?p=a) or the [guaranty agency](/usc/20/1085.md?p=j) has made a payment to the previous [holder](/usc/20/1085.md?p=i) of the [loan](/usc/20/1066a.md?p=2); and
  - (5) the date of cancellation of the note upon completion of repayment by the borrower of the [loan](/usc/20/1066a.md?p=2) or payment by the [Secretary](/usc/20/1003.md?p=17) pursuant to [section 1087 of this title](/usc/20/1087.md).
- (b) **Additional information—** Such agreements may also provide for the disclosure by such [consumer reporting agencies](/usc/20/1088.md?p=e) to the [Secretary](/usc/20/1003.md?p=17) or a [guaranty agency](/usc/20/1085.md?p=j), whichever insures or guarantees a [loan](/usc/20/1066a.md?p=2), upon receipt of a notice under [subsection (a)(4)](#a-4) that such a [loan](/usc/20/1066a.md?p=2) is in [default](/usc/20/1085.md?p=l), of information concerning the borrower’s location or other information which may assist the [Secretary](/usc/20/1003.md?p=17), the [guaranty agency](/usc/20/1085.md?p=j), the [eligible lender](/usc/20/1019.md?p=4), or the subsequent [holder](/usc/20/1085.md?p=i) in collecting the [loan](/usc/20/1066a.md?p=2).
- (c) **Contents of agreements—** Agreements entered into pursuant to this section shall contain such provisions as may be necessary to ensure that—
  - (1) no information is disclosed by the [Secretary](/usc/20/1003.md?p=17) or the [guaranty agency](/usc/20/1085.md?p=j), [eligible lender](/usc/20/1019.md?p=4), or subsequent [holder](/usc/20/1085.md?p=i) unless its accuracy and completeness have been verified and the [Secretary](/usc/20/1003.md?p=17) or the [guaranty agency](/usc/20/1085.md?p=j) has determined that disclosure would accomplish the purpose of this section;
  - (2) as to any information so disclosed, such [consumer reporting agencies](/usc/20/1088.md?p=e) will be promptly notified of, and will promptly record, any change submitted by the [Secretary](/usc/20/1003.md?p=17), the [guaranty agency](/usc/20/1085.md?p=j), [eligible lender](/usc/20/1019.md?p=4), or subsequent [holder](/usc/20/1085.md?p=i) with respect to such information, or any objections by the borrower with respect to any such information, as required by section 611 of the Fair Credit Reporting Act ([15 U.S.C. 1681i](/usc/15/1681i.md));
  - (3) no use will be made of any such information which would result in the use of collection practices with respect to such a borrower that are not fair and reasonable or that involve harassment, intimidation, false or misleading representations, or unnecessary communication concerning the existence of such [loan](/usc/20/1066a.md?p=2) or concerning any such information; and
  - (4) with regard to notices of [default](/usc/20/1085.md?p=l) under [subsection (a)(4)](#a-4) of this section, except for disclosures made to obtain the borrower’s location, the [Secretary](/usc/20/1003.md?p=17), or the [guaranty agency](/usc/20/1085.md?p=j), [eligible lender](/usc/20/1019.md?p=4), or subsequent [holder](/usc/20/1085.md?p=i) whichever is applicable (A) shall not disclose any such information until the borrower has been notified that such information will be disclosed to [consumer reporting agencies](/usc/20/1088.md?p=e) unless the borrower enters into repayment of his or her [loan](/usc/20/1066a.md?p=2), but (B) shall, if the borrower has not entered into repayment within a reasonable period of time, but not less than 30 days, from the date such notice has been sent to the borrower, disclose the information required by this subsection.
- (d) **Contractor status of participants—** A [guaranty agency](/usc/20/1085.md?p=j), [eligible lender](/usc/20/1019.md?p=4), or subsequent [holder](/usc/20/1085.md?p=i) or [consumer reporting agency](/usc/20/1088.md?p=e) which discloses or receives information under this section shall not be considered a Government contractor within the meaning of [section 552a of title 5](/usc/5/552a.md).
- (e) **Disclosure to institutions—** The [Secretary](/usc/20/1003.md?p=17) and each [guaranty agency](/usc/20/1085.md?p=j), [eligible lender](/usc/20/1019.md?p=4), and subsequent [holder](/usc/20/1085.md?p=i) of a [loan](/usc/20/1066a.md?p=2) are authorized to disclose information described in subsections [(a)](#a) and [(b)](#b) concerning student borrowers to the [eligible institutions](/usc/20/1058.md?p=b) such borrowers attend or previously attended. To further the purpose of this section, an [eligible institution](/usc/20/1058.md?p=b) may enter into an arrangement with any or all of the [holders](/usc/20/1085.md?p=i) of delinquent [loans](/usc/20/1066a.md?p=2) made to borrowers who attend or previously attended such institution for the purpose of providing current information regarding the borrower’s location or employment or for the purpose of assisting the [holder](/usc/20/1085.md?p=i) in contacting and influencing borrowers to avoid [default](/usc/20/1085.md?p=l).
- (f) **Duration of authority—** Notwithstanding paragraphs [(4)](#a-4) and [(5)](#a-5) of subsection (a) of section 605 of the Fair Credit Reporting Act ([15 U.S.C. 1681c(a)(4)](/usc/15/1681c.md?p=a-4), (a)(5)), a [consumer reporting agency](/usc/20/1088.md?p=e) may make a report containing information received from the [Secretary](/usc/20/1003.md?p=17) or a [guaranty agency](/usc/20/1085.md?p=j), [eligible lender](/usc/20/1019.md?p=4), or subsequent [holder](/usc/20/1085.md?p=i) regarding the status of a borrower’s defaulted account on a [loan](/usc/20/1066a.md?p=2) guaranteed under this part until—
  - (1) 7 years from the date on which the [Secretary](/usc/20/1003.md?p=17) or the agency paid a claim to the [holder](/usc/20/1085.md?p=i) on the guaranty;
  - (2) 7 years from the date the [Secretary](/usc/20/1003.md?p=17), [guaranty agency](/usc/20/1085.md?p=j), [eligible lender](/usc/20/1019.md?p=4), or subsequent [holder](/usc/20/1085.md?p=i) first reported the account to the [consumer reporting agency](/usc/20/1088.md?p=e); or
  - (3) in the case of a borrower who reenters repayment after defaulting on a [loan](/usc/20/1066a.md?p=2) and subsequently goes into [default](/usc/20/1085.md?p=l) on such [loan](/usc/20/1066a.md?p=2), 7 years from the date the [loan](/usc/20/1066a.md?p=2) entered [default](/usc/20/1085.md?p=l) such subsequent time.

## Source credit

(Pub. L. 89–329, title IV, § 430A, as added Pub. L. 99–498, title IV, § 402(a), Oct. 17, 1986, 100 Stat. 1398; amended Pub. L. 100–50, § 10(v), June 3, 1987, 101 Stat. 346; Pub. L. 102–325, title IV, § 424, July 23, 1992, 106 Stat. 543; Pub. L. 103–208, § 2(c)(52), Dec. 20, 1993, 107 Stat. 2467; Pub. L. 110–315, title IV, § 432(a), Aug. 14, 2008, 122 Stat. 3245; Pub. L. 111–39, title IV, § 402(f)(8), July 1, 2009, 123 Stat. 1944.)

## Notes

### Editorial Notes

### References in Text

The Fair Credit Reporting Act, referred to in subsec. (a), is title VI of Pub. L. 90–321, as added by Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1127, which is classified generally to subchapter III (§ 1681 et seq.) of chapter 41 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 15 and Tables.

### Prior Provisions

A prior section 1080a, Pub. L. 89–329, title IV, § 430A, as added Pub. L. 99–272, title XVI, § 16023, Apr. 7, 1986, 100 Stat. 349; amended Pub. L. 99–320, § 2(c), May 23, 1986, 100 Stat. 491, related to reports to credit bureaus and institutions of higher education, prior to the general revision of this part by Pub. L. 99–498.

### Amendments

2009—Subsec. (f). Pub. L. 111–39, in introductory provisions, substituted “and (5)” for “and (6)” and “(a)(5)” for “(a)(6)”.

2008—Pub. L. 110–315, § 432(a)(1), substituted “consumer reporting agencies” for “credit bureaus” in section catchline.

Subsec. (a). Pub. L. 110–315, § 432(a)(2)(B)–(D), added pars. (1) and (3) and redesignated former pars. (1), (2) and (3) as (2), (4) and (5), respectively.

Pub. L. 110–315, § 432(a)(2)(A), in introductory provisions, substituted “the Secretary and” for “the Secretary,” and “an agreement with each consumer reporting agency” for “agreements with credit bureau organizations” in first sentence, “such consumer reporting agencies” for “such organizations” in two places and “insurance) or by” for “insurance), by” in second sentence, and “Secretary or” for “Secretary,” and “consumer reporting agencies” for “organizations” in third sentence.

Subsec. (b). Pub. L. 110–315, § 432(a)(3), substituted “consumer reporting agencies” for “organizations” and “subsection (a)(4)” for “subsection (a)(2)”.

Subsec. (c)(2). Pub. L. 110–315, § 432(a)(4)(A), substituted “consumer reporting agencies” for “organizations”.

Subsec. (c)(4). Pub. L. 110–315, § 432(a)(4)(B)(i), substituted “subsection (a)(4)” for “subsection (a)(2)”.

Subsec. (c)(4)(A). Pub. L. 110–315, § 432(a)(4)(B)(ii), substituted “consumer reporting agencies” for “credit bureau organizations”.

Subsec. (d). Pub. L. 110–315, § 432(a)(5), substituted “consumer reporting agency” for “credit bureau organization”.

1993—Subsec. (f)(1). Pub. L. 103–208 substituted a semicolon for the comma at end.

1992—Subsec. (f). Pub. L. 102–325 struck out “or” at end of par. (1), added pars. (2) and (3), and struck out former par. (2) which read as follows: “with regard to an account on a loan on which the Secretary or the guaranty agency has paid a claim but not reported the account to a consumer reporting agency on or before October 1, 1985, 7 years from that date.”

1987—Subsec. (e). Pub. L. 100–50 inserted sentence at end permitting an eligible institution to enter into arrangements with holders of delinquent loans made to borrowers for purpose of providing current information on borrower’s location or employment or to assist holder in contacting and influencing borrower to avoid default.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2009 Amendment

Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

### Effective Date of 1993 Amendment

Amendment by Pub. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102–325, except as otherwise provided, see section 5(a) of Pub. L. 103–208, set out as a note under section 1051 of this title.

### Effective Date of 1987 Amendment

Amendment by Pub. L. 100–50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99–498, see section 27 of Pub. L. 100–50, set out as a note under section 1001 of this title.