2020 US Code
Title 20 - Education
Chapter 28 - Higher Education Resources and Student Assistance
Subchapter IV - Student Assistance
Part D - William D. Ford Federal Direct Loan Program
Sec. 1087f - Contracts
20 U.S.C. § 1087f (2020) |
§1087f. Contracts |
(a) Contracts for supplies and services
(1) In general
The Secretary shall, to the extent practicable, award contracts for origination, servicing, and collection described in subsection (b). In awarding such contracts, the Secretary shall ensure that such services and supplies are provided at competitive prices. The entities with which the Secretary may enter into contracts shall include only entities which the Secretary determines are qualified to provide such services and supplies and will comply with the procedures applicable to the award of such contracts. In the case of awarding contracts for the origination, servicing, and collection of loans under this part, the Secretary shall enter into contracts only with entities that have extensive and relevant experience and demonstrated effectiveness. The entities with which the Secretary may enter into such contracts shall include, where practicable, agencies with agreements with the Secretary under sections 1078(b) and (c) of this title, if such agencies meet the qualifications as determined by the Secretary under this subsection and if those agencies have such experience and demonstrated effectiveness. In awarding contracts to such State agencies, the Secretary shall, to the extent practicable and consistent with the purposes of this part, give special consideration to State agencies with a history of high quality performance to perform services for institutions of higher education within their State. Nothing in this section shall be construed as a limitation of the authority of any State agency to enter into an agreement for the purposes of this section as a member of a consortium of State agencies. The Secretary may enter into contracts for— (1) the alternative origination of loans to students attending institutions of higher education with agreements to participate in the program under this part (or their parents), if such institutions do not have agreements with the Secretary under section 1087d(b) of this title; (2) the servicing and collection of loans made or purchased under this part; (3) the establishment and operation of 1 or more data systems for the maintenance of records on all loans made or purchased under this part; and (4) such other aspects of the direct student loan program as the Secretary determines are necessary to ensure the successful operation of the program. |
(Pub. L. 89–329, title IV, §456, as added Pub. L. 102–325, title IV, §451, July 23, 1992, 106 Stat. 572; amended Pub. L. 103–66, title IV, §4021, Aug. 10, 1993, 107 Stat. 352; Pub. L. 105–244, title IV, §453, Oct. 7, 1998, 112 Stat. 1717; Pub. L. 110–227, §7(c), May 7, 2008, 122 Stat. 747; Pub. L. 111–152, title II, §2212(a), Mar. 30, 2010, 124 Stat. 1078; Pub. L. 113–67, div. A, title V, §502(1), Dec. 26, 2013, 127 Stat. 1187.) |
AMENDMENTS
2013—Subsec. (a)(4). Pub. L. 113–67, §502(1)(A), struck out par. (4) which related to servicing by eligible not-for-profit servicers. Subsec. (c). Pub. L. 113–67, §502(1)(B), struck out subsec. (c) which defined eligible not-for-profit servicer for purposes of this section. 2010—Subsec. (a)(4). Pub. L. 111–152, §2212(a)(1)(A), added par. (4). Subsec. (c). Pub. L. 111–152, §2212(a)(2), added subsec. (c). 2008—Subsec. (b)(2), (3). Pub. L. 110–227 inserted "or purchased" after "loans made". 1998—Subsec. (b)(3). Pub. L. 105–244, §453(1), inserted "and" after semicolon. Subsec. (b)(4), (5). Pub. L. 105–244, §453(2), (3), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: "services to assist in the orderly transition from the loan programs under part B of this subchapter to the direct student loan program under this part; and". 1993—Pub. L. 103–66 amended section generally, substituting provisions relating to contracts for former provisions relating to terms and conditions. EFFECTIVE DATE OF 1998 AMENDMENTAmendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. EFFECTIVE DATESection effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as an Effective Date of 1992 Amendment note under section 1001 of this title. SELECTION OF STUDENT LOAN SERVICERPub. L. 116–260, div. H, title III, Dec. 27, 2020, 134 Stat. 1603, provided in part: "That for student loan contracts awarded prior to October 1, 2017, the Secretary [of Education] shall allow student loan borrowers who are consolidating Federal student loans to select from any student loan servicer to service their new consolidated student loan". Similar provisions were contained in the following prior appropriation acts: Pub. L. 116–94, div. A, title III, Dec. 20, 2019, 133 Stat. 2592. Pub. L. 115–245, div. B, title III, Sept. 28, 2018, 132 Stat. 3102. Pub. L. 115–141, div. H, title III, Mar. 23, 2018, 132 Stat. 746. Pub. L. 115–31, div. H, title III, May 5, 2017, 131 Stat. 549. |
United States Code, 2018 Edition, Supplement 2, Title 20 - EDUCATION |
Bills and Statutes |
United States Code |
Y 1.2/5: |
Title 20 - EDUCATION CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER IV - STUDENT ASSISTANCE Part D - William D. Ford Federal Direct Loan Program Sec. 1087f - Contracts |
section 1087f |
2020 |
January 13, 2021 |
No |
standard |
106 Stat. 572 107 Stat. 352 112 Stat. 1717 122 Stat. 747 124 Stat. 1078 127 Stat. 1187 131 Stat. 549 132 Stat. 746, 3102 133 Stat. 2592 134 Stat. 1603 |
Public Law 89-329, Public Law 102-325, Public Law 103-66, Public Law 105-244, Public Law 110-227, Public Law 111-152, Public Law 113-67, Public Law 115-31, Public Law 115-141, Public Law 115-245, Public Law 116-94, Public Law 116-260 |