Title 20 — Education
Part E · Chapter 28 — Higher Education Resources and Student Assistance
§ 1087cc. Agreements with institutions of higher education
Statutory text
Contents of agreements
An agreement with any institution of higher education for the payment of Federal capital contributions under this part shall—
provide for the establishment and maintenance of a student loan fund for the purpose of this part;
provide for the deposit in such fund of—
Federal capital contributions from funds appropriated under section 1087aa of this title;
a capital contribution by an institution in an amount equal to one-third of the Federal capital contributions described in subparagraph (A);
collections of principal and interest on student loans made from deposited funds;
charges collected pursuant to regulations under section 1087dd(c)(1)(H) of this title; and
any other earnings of the funds;
provide that such student loan fund shall be used only for—
loans to students, in accordance with the provisions of this part;
administrative expenses, as provided in subsection (b);
capital distributions, as provided in section 1087ff of this title; and
costs of litigation, and other collection costs agreed to by the Secretary in connection with the collection of a loan from the fund (and interest thereon) or a charge assessed pursuant to regulations under section 1087dd(c)(1)(H) of this title;
provide that where a note or written agreement evidencing a loan has been in default despite due diligence on the part of the institution in attempting collection thereon—
if the institution has knowingly failed to maintain an acceptable collection record with respect to such loan, as determined by the Secretary in accordance with criteria established by regulation, the Secretary may—
require the institution to assign such note or agreement to the Secretary, without recompense; and
apportion any sums collected on such a loan, less an amount not to exceed 30 percent of any sums collected to cover the Secretary’s collection costs, among other institutions in accordance with section 1087bb of this title; or
if the institution is not one described in subparagraph (A), the Secretary may allow such institution to refer such note or agreement to the Secretary, without recompense, except that, once every six months, any sums collected on such a loan (less an amount not to exceed 30 percent of any such sums collected to cover the Secretary’s collection costs) shall be repaid to such institution and treated as an additional capital contribution under section 1087bb of this title;
provide that, if an institution of higher education determines not to service and collect student loans made available from funds under this part, the institution will assign, at the beginning of the repayment period, notes or evidence of obligations of student loans made from such funds to the Secretary and the Secretary shall apportion any sums collected on such notes or obligations (less an amount not to exceed 30 percent of any such sums collected to cover that Secretary’s collection costs) among other institutions in accordance with section 1087bb of this title;
provide that, notwithstanding any other provision of law, the Secretary will provide to the institution any information with respect to the names and addresses of borrowers or other relevant information which is available to the Secretary, from whatever source such information may be derived;
provide assurances that the institution will comply with the provisions of section 1087cc–1 of this title;
provide that the institution of higher education will make loans first to students with exceptional need; and
include such other reasonable provisions as may be necessary to protect the United States from unreasonable risk of loss and as are agreed to by the Secretary and the institution, except that nothing in this paragraph shall be construed to permit the Secretary to require the assignment of loans to the Secretary other than as is provided for in paragraphs (4) and (5).
Administrative expenses
An institution which has entered into an agreement under subsection (a) shall be entitled, for each fiscal year during which it makes student loans from a student loan fund established under such agreement, to a payment in lieu of reimbursement for its expenses in administering its student loan program under this part during such year. Such payment shall be made in accordance with section 1096 of this title.
Cooperative agreements with consumer reporting agencies
For the purpose of promoting responsible repayment of loans made pursuant to this part, the Secretary and each institution of higher education participating in the program under this part shall enter into cooperative agreements with consumer reporting agencies to provide for the exchange of information concerning student borrowers concerning whom the Secretary has received a referral pursuant to section 1087gg of this title and regarding loans held by the Secretary or an institution.
Each cooperative agreement made pursuant to paragraph (1) shall be made in accordance with the requirements of section 1080a of this title except that such agreement shall provide for the disclosure by the Secretary or an institution, as the case may be, to such consumer reporting agencies, with respect to any loan held by the Secretary or the institution, respectively, of—
the date of disbursement and the amount of such loans made to any borrower under this part at the time of disbursement of the loan;
information concerning the repayment and collection of any such loan, including information concerning the status of such loan; and
the date of cancellation of the note upon completion of repayment by the borrower of any such loan, or upon cancellation or discharge of the borrower’s obligation on the loan for any reason.
Notwithstanding paragraphs (4) and (5) of subsection (a) of section 1681c of title 15, a consumer reporting agency may make a report containing information received from the Secretary or an institution regarding the status of a borrower’s account on a loan made under this part until the loan is paid in full.
Except as provided in subparagraph (B), an institution of higher education, after consultation with the Secretary and pursuant to the agreements entered into under paragraph (1), shall disclose at least annually to any consumer reporting agency with which the Secretary has such an agreement the information set forth in paragraph (2), and shall disclose promptly to such consumer reporting agency any changes to the information previously disclosed.
The Secretary may promulgate regulations establishing criteria under which an institution of higher education may cease reporting the information described in paragraph (2) before a loan is paid in full.
Each institution of higher education shall notify the appropriate consumer reporting agencies whenever a borrower of a loan that is made and held by the institution and that is in default makes 6 consecutive monthly payments on such loan, for the purpose of encouraging such consumer reporting agencies to update the status of information maintained with respect to that borrower.
Limitation on use of interest bearing accounts
In carrying out the provisions of subsection (a)(9), the Secretary may not require that any collection agency, collection attorney, or loan servicer collecting loans made under this part deposit amounts collected on such loans in interest bearing accounts, unless such agency, attorney, or servicer holds such amounts for more than 45 days.
Special due diligence rule
In carrying out the provisions of subsection (a)(5) 1 relating to due diligence, the Secretary shall make every effort to ensure that institutions of higher education may use Internal Revenue Service skip-tracing collection procedures on loans made under this part.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Higher Education Act of 1965
Pub. L. 89–329 title IV § 463 · 79 Stat. 1219
Enacted · 20 U.S.C. § 1087cc
Pub. L. 89–329, title IV, § 463, as added Pub. L. 99–498, title IV, § 405(a), Oct. 17, 1986, 100 Stat. 1444
Source evidence
Code source credit
Pub. L. 89–329, title IV, § 463, as added Pub. L. 99–498, title IV, § 405(a), Oct. 17, 1986, 100 Stat. 1444Enacted provision · exact public law section
Sec. 463. technical amendment for part-time students (a) The portion of section 205(b) (2) of the National Defense 20 USC 425. Education Act of 1958 which precedes clause (A) (ii) thereof is amended to read as follows: “(2) such a loan shall be evidenced by a note or other written agreement which provides for repayment of the principal amount, together with interest thereon, in equal installments (or, if the borrower so requests, in graduated periodic installments determined in accordance with such schedules as may be approved by the Commissioner) payable quarterly, bimonthly, or monthly (at the option of the institution) over a period beginning nine months after the date on which the borrower ceases to carry, at an institution of higher education or at a comparable institution outside the States approved for this purpose by the Commissioner, at least one-half the normal full-time academic workload as determined by that institution, and ending ten years and nine months after such date, except that (A) interest shall not accrue on any such loan, and installments need not be paid during any period (i) during which the borrower is carrying, at an institution of higher education or at a comparable institution outside the States approved for this purpose by the Commissioner, at least one-half the normal full-time academic workload as determined by the institution,”. (b) Clause (D) of such section 205(b) (2) is amended by striking out “periodic”, and by striking out “part-time” and inserting in lieu thereof “less than half-time”. (c) The amendments made by this section shall apply to a loan outstanding on the date of enactment of this Act only with the consent of the borrower and the institution which made the loan.Higher Education Technical Amendments Act of 1987
Pub. L. 100–50 § 13(e) · 101 Stat. 335
Substituted · 20 U.S.C. § 1087cc(a)(4)
Pub. L. 100–50, § 13(e), substituted “in an annual report” for “in a report”
Struck · 20 U.S.C. § 1087cc(a)(4)
Pub. L. 100–50, § 13(e), struck out “, and made to the Secretary at least semiannually” after “in such default”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 100–50, § 13(e), substituted “in an annual report” for “in a report” and struck out “, and made to the Secretary at least semiannually” after “in such default”.Enacted provision · exact public law section
(e) Notice of Default.— Section 463(a)(4) is amended by striking Reports. 20 USC 1087cc. out “given to the Secretary” and everything that follows through “semiannually” and inserting “given to the Secretary in an annual report describing the total number of loans from such fund which are in such default”.Higher Education Technical Amendments Act of 1987
Pub. L. 100–50 § 13(f) · 101 Stat. 335
Substituted · 20 U.S.C. § 1087cc(b)
Pub. L. 100–50, § 13(f), substituted “section 1096 of this title” for “section 1092 of this title”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 100–50, § 13(f), substituted “section 1096 of this title” for “section 1092 of this title”.Enacted provision · exact public law section
(f) Correction of Reference.— Section 463(b) of the Act is amended by striking out “section 485” and inserting “section 489”.Higher Education Amendments of 1992
Pub. L. 102–325 § 463(a) · 106 Stat. 448
Amended · 20 U.S.C. § 1087cc(a)(2)(B)
Pub. L. 102–325, § 463(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “a capital contribution by such institution in an amount equal to not less than one-ninth of the amount of the Federal capital contributions described in subparagraph (A);”
Source evidence
Code amendment note
Subsec. (a)(2)(B). Pub. L. 102–325, § 463(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “a capital contribution by such institution in an amount equal to not less than one-ninth of the amount of the Federal capital contributions described in subparagraph (A);”.Enacted provision · exact public law section
(a) Campus Match.— Section 463(a)(2)(B) of the Act is amended 20 USC 1087cc. to read as follows: “(B) a capital contribution— “(i) by an institution that— “(I) is granted permission by the Secretary to participate in an Expanded Lending Option under the program, and “(II) has a default rate which does not exceed 7.5 percent, in an amount not less than the amount of the Federal capital contributions described in subparagraph (A); or “(ii) by any other institution, in an amount not less than three-seventeenths of such Federal capital contribution in fiscal year 1993, and one-third of such Federal capital contribution in each of the succeeding fiscal years, of the amount of the Federal capital contributions described in subparagraph (A);”.Higher Education Amendments of 1992
Pub. L. 102–325 § 463(b)(1) · 106 Stat. 448
Struck · 20 U.S.C. § 1087cc(c)(3)(B)
Pub. L. 102–325, § 463(b)(1), struck out “, if that account has not been previously reported by any other holder of the note” after “agency”
Source evidence
Code amendment note
Subsec. (c)(3)(B). Pub. L. 102–325, § 463(b)(1), struck out “, if that account has not been previously reported by any other holder of the note” after “agency”.Enacted provision · exact public law section
(1) in subparagraph (B) of paragraph (3), by striking “, if that account has not been previously reported by any other holder of the note”;Higher Education Amendments of 1992
Pub. L. 102–325 § 463(b)(2) · 106 Stat. 448
Added · 20 U.S.C. § 1087cc(c)(4)
Pub. L. 102–325, § 463(b)(2), added par. (4)
Source evidence
Code amendment note
Subsec. (c)(4). Pub. L. 102–325, § 463(b)(2), added par. (4).Enacted provision · exact public law section
(2) by adding at the end the following new paragraph: “(4) Each institution of higher education, after consultation with the Secretary and pursuant to the agreements entered into under paragraph (1), shall disclose to any credit bureau organization with which the Secretary has such an agreement— “(A) the amount of loans made to any borrower under this part at the time of the disbursement of the loan; and “(B) the information set forth in section 430A(a).”.Higher Education Technical Amendments of 1993
Pub. L. 103–208 § 2(f)(5) · 107 Stat. 2457
Substituted · 20 U.S.C. § 1087cc(a)(2)(B)(i)(II)
Pub. L. 103–208, § 2(f)(5), substituted “7.5 percent for award year 1993–1994 and has a cohort default rate which does not exceed 15 percent for award year 1994–1995 or for any succeeding award year” for “7.5 percent”
Source evidence
Code amendment note
Subsec. (a)(2)(B)(i)(II). Pub. L. 103–208, § 2(f)(5), substituted “7.5 percent for award year 1993–1994 and has a cohort default rate which does not exceed 15 percent for award year 1994–1995 or for any succeeding award year” for “7.5 percent”.Enacted provision · exact public law section
(5) in section 463(a)(2)(B)(i)(II), by striking “7.5 percent” 20 USC 1087cc. and inserting “7.5 percent for award year 1993–1994 and has a cohort default rate which does not exceed 15 percent for award year 1994–1995 or for any succeeding award year”;Higher Education Technical Amendments of 1993
Pub. L. 103–208 § 2(f)(6) · 107 Stat. 2457
Substituted · 20 U.S.C. § 1087cc(c)(4)
Pub. L. 103–208, § 2(f)(6), substituted “shall disclose at least annually” for “shall disclose” in introductory provisions
Source evidence
Code amendment note
Subsec. (c)(4). Pub. L. 103–208, § 2(f)(6), substituted “shall disclose at least annually” for “shall disclose” in introductory provisions.Enacted provision · exact public law section
(6) in section 463(c)(4), by striking “shall disclose” and inserting “shall disclose at least annually”;Higher Education Technical Amendments of 1993
Pub. L. 103–208 § 2(f)(7) · 107 Stat. 2457
Added · 20 U.S.C. § 1087cc(d); 20 U.S.C. § 1087cc(e)
Pub. L. 103–208, § 2(f)(7), added subsecs. (d) and (e)
Source evidence
Code amendment note
Subsecs. (d), (e). Pub. L. 103–208, § 2(f)(7), added subsecs. (d) and (e).Enacted provision · exact public law section
(7) in section 463, by adding at the end the following new subsections: “(d) Limitation on Use of Interest Bearing Accounts.— In carrying out the provisions of subsection (a)(10), the Secretary may not require that any collection agency, collection attorney, or loan servicer collecting loans made under this part deposit amounts collected on such loans in interest bearing accounts, unless such agency, attorney, or servicer holds such amounts for more than 45 days. “(e) Special Due Diligence Rule.— In carrying out the provisions of subsection (a)(5) relating to due diligence, the Secretary shall make every effort to ensure that institutions of higher education may use Internal Revenue Service skip-tracing collection procedures on loans made under this part.”;Higher Education Amendments of 1998
Pub. L. 105–244 § 463(a)(1) · 112 Stat. 1581
Amended · 20 U.S.C. § 1087cc(a)(2)(B)
Pub. L. 105–244, § 463(a)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “a capital contribution—
Source evidence
Code amendment note
Subsec. (a)(2)(B). Pub. L. 105–244, § 463(a)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “a capital contribution—“(i) by an institution that— “(I) is granted permission by the Secretary to participate in an Expanded Lending Option under the program, and “(II) has a default rate which does not exceed 7.5 percent for award year 1993–1994 and has a cohort default rate which does not exceed 15 percent for award year 1994–1995 or for any succeeding award year, in an amount not less than the amount of the Federal capital contributions described in subparagraph (A); or “(ii) by any other institution, in an amount not less than three-seventeenths of such Federal capital contribution in fiscal year 1993, and one-third of such Federal capital contribution in each of the succeeding fiscal years, of the amount of the Federal capital contributions described in subparagraph (A);”.
Enacted provision · exact public law section
(1) by amending subparagraph (B) of paragraph (2) to read as follows: “(B) a capital contribution by an institution in an amount equal to one-third of the Federal capital contributions described in subparagraph (A);”;Higher Education Amendments of 1998
Pub. L. 105–244 § 463(a)(2) · 112 Stat. 1581
Redesignated · 20 U.S.C. § 1087cc(a)(4)(10)
Pub. L. 105–244, § 463(a)(2), (3), redesignated pars. (5) to (10) as (4) to (9), respectively
Struck · 20 U.S.C. § 1087cc(a)(4)(10)
Pub. L. 105–244, § 463(a)(2), (3), struck out former par. (4) which read as follows: “provide that where a note or written agreement evidencing a note has been in default for (A) 120 days, in the case of a loan which is repayable in monthly installments, or (B) 180 days, in the case of a loan which is repayable in less frequent installments, notice of such default shall be given to the Secretary in an annual report describing the total number of loans from such fund which are in such default;”
Source evidence
Code amendment note
Subsec. (a)(4) to (10). Pub. L. 105–244, § 463(a)(2), (3), redesignated pars. (5) to (10) as (4) to (9), respectively, and struck out former par. (4) which read as follows: “provide that where a note or written agreement evidencing a note has been in default for (A) 120 days, in the case of a loan which is repayable in monthly installments, or (B) 180 days, in the case of a loan which is repayable in less frequent installments, notice of such default shall be given to the Secretary in an annual report describing the total number of loans from such fund which are in such default;”.Enacted provision · exact public law section
(2) by striking paragraph (4); andHigher Education Amendments of 1998
Pub. L. 105–244 § 463(b)(1) · 112 Stat. 1581
Substituted · 20 U.S.C. § 1087cc(c)(1)
Pub. L. 105–244, § 463(b)(1), substituted “the Secretary and each institution of higher education participating in the program under this part shall” for “the Secretary shall”
Inserted · 20 U.S.C. § 1087cc(c)(1)
Pub. L. 105–244, § 463(b)(1), inserted “and regarding loans held by the Secretary or an institution” after “section 1087gg of this title”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 105–244, § 463(b)(1), substituted “the Secretary and each institution of higher education participating in the program under this part shall” for “the Secretary shall” and inserted “and regarding loans held by the Secretary or an institution” after “section 1087gg of this title”.Enacted provision · exact public law section
(1) in paragraph (1)— (A) by striking “the Secretary shall” and inserting “the Secretary and each institution of higher education participating in the program under this part shall”; and (B) by inserting “and regarding loans held by the Secretary or an institution” after “section 467”;Higher Education Amendments of 1998
Pub. L. 105–244 § 463(b)(2)(A) · 112 Stat. 1581
Substituted · 20 U.S.C. § 1087cc(c)(2)
Pub. L. 105–244, § 463(b)(2)(A), in introductory provisions, substituted “by the Secretary or an institution, as the case may be, to such organizations, with respect to any loan held by the Secretary or the institution, respectively, of—” for “by the Secretary to such organizations, with respect to any loan for which the Secretary is responsible, of—”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 105–244, § 463(b)(2)(A), in introductory provisions, substituted “by the Secretary or an institution, as the case may be, to such organizations, with respect to any loan held by the Secretary or the institution, respectively, of—” for “by the Secretary to such organizations, with respect to any loan for which the Secretary is responsible, of—”.Enacted provision · exact public law section
(A) in the matter preceding subparagraph (A), by striking “by the Secretary” and all that follows through “of—” and inserting “by the Secretary or an institution, as the case may be, to such organizations, with respect to any loan held by the Secretary or the institution, respectively, of—”;Higher Education Amendments of 1998
Pub. L. 105–244 § 463(b)(2)(B) · 112 Stat. 1581
Amended · 20 U.S.C. § 1087cc(c)(2)(A)
Pub. L. 105–244, § 463(b)(2)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the date of disbursement and the amount of any such loan;”
Source evidence
Code amendment note
Subsec. (c)(2)(A). Pub. L. 105–244, § 463(b)(2)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the date of disbursement and the amount of any such loan;”.Enacted provision · exact public law section
(B) by amending subparagraph (A) to read as follows: “(A) the date of disbursement and the amount of such loans made to any borrower under this part at the time of disbursement of the loan;”;Higher Education Amendments of 1998
Pub. L. 105–244 § 463(b)(2)(C) · 112 Stat. 1581
Inserted · 20 U.S.C. § 1087cc(c)(2)(B)
Pub. L. 105–244, § 463(b)(2)(C), inserted “the repayment and” after “concerning” the first place appearing
Substituted · 20 U.S.C. § 1087cc(c)(2)(B)
Pub. L. 105–244, § 463(b)(2)(C), substituted “status of such” for “status of any defaulted”
Source evidence
Code amendment note
Subsec. (c)(2)(B). Pub. L. 105–244, § 463(b)(2)(C), inserted “the repayment and” after “concerning” the first place appearing and substituted “status of such” for “status of any defaulted”.Enacted provision · exact public law section
(C) in subparagraph (B)— (i) by inserting “the repayment and” after “concerning”; and (ii) by striking “any defaulted” and inserting “such”; andHigher Education Amendments of 1998
Pub. L. 105–244 § 463(b)(2)(D) · 112 Stat. 1581
Inserted · 20 U.S.C. § 1087cc(c)(2)(C)
Pub. L. 105–244, § 463(b)(2)(D), inserted “, or upon cancellation or discharge of the borrower’s obligation on the loan for any reason” before period at end
Source evidence
Code amendment note
Subsec. (c)(2)(C). Pub. L. 105–244, § 463(b)(2)(D), inserted “, or upon cancellation or discharge of the borrower’s obligation on the loan for any reason” before period at end.Enacted provision · exact public law section
(D) in subparagraph (C), by inserting “, or upon cancellation or discharge of the borrower’s obligation on the loan for any reason” before the period;Higher Education Amendments of 1998
Pub. L. 105–244 § 463(b)(3)(A) · 112 Stat. 1581
Inserted · 20 U.S.C. § 1087cc(c)(3)
Pub. L. 105–244, § 463(b)(3)(A), in introductory provisions, inserted “or an institution” after “from the Secretary”
Substituted · 20 U.S.C. § 1087cc(c)(3)
Pub. L. 105–244, § 463(b)(3)(A), in introductory provisions, substituted “until the loan is paid in full.” for “until—”
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 105–244, § 463(b)(3)(A), in introductory provisions, inserted “or an institution” after “from the Secretary” and substituted “until the loan is paid in full.” for “until—”.Enacted provision · exact public law section
(A) in the matter preceding subparagraph (A)— (i) by inserting “or an institution” after “from the Secretary”; and (ii) by striking “until—” and inserting “until the loan is paid in full.”; andHigher Education Amendments of 1998
Pub. L. 105–244 § 463(b)(3)(B) · 112 Stat. 1581
Struck · 20 U.S.C. § 1087cc(c)(3)(A); 20 U.S.C. § 1087cc(c)(3)(B)
Pub. L. 105–244, § 463(b)(3)(B), struck out subpars. (A) and (B) which read as follows:
Source evidence
Code amendment note
Subsec. (c)(3)(A), (B). Pub. L. 105–244, § 463(b)(3)(B), struck out subpars. (A) and (B) which read as follows:“(A) 7 years from the date on which the Secretary accepted an assignment or referral of a loan, or “(B) 7 years from the date the Secretary first reports the account to a consumer reporting agency.”
Enacted provision · exact public law section
(B) by striking subparagraphs (A) and (B);Higher Education Amendments of 1998
Pub. L. 105–244 § 463(b)(4) · 112 Stat. 1581
Amended · 20 U.S.C. § 1087cc(c)(4)
Pub. L. 105–244, § 463(b)(4), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Each institution of higher education, after consultation with the Secretary and pursuant to the agreements entered into under paragraph (1), shall disclose at least annually to any credit bureau organization with which the Secretary has such an agreement—
Source evidence
Code amendment note
Subsec. (c)(4). Pub. L. 105–244, § 463(b)(4), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Each institution of higher education, after consultation with the Secretary and pursuant to the agreements entered into under paragraph (1), shall disclose at least annually to any credit bureau organization with which the Secretary has such an agreement—“(A) the amount of loans made to any borrower under this part at the time of the disbursement of the loan; and “(B) the information set forth in section 1080a(a) of this title.”
Enacted provision · exact public law section
(4) by amending paragraph (4) to read as follows: “(4) (A) Except as provided in subparagraph (B), an institution of higher education, after consultation with the Secretary and pursuant to the agreements entered into under paragraph (1), shall disclose at least annually to any credit bureau organization with which the Secretary has such an agreement the information set forth in paragraph (2), and shall disclose promptly to such credit bureau organization any changes to the information previously disclosed. “(B) The Secretary may promulgate regulations establishing criteria under which an institution of higher education may cease reporting the information described in paragraph (2) before a loan is paid in full.”; andHigher Education Amendments of 1998
Pub. L. 105–244 § 463(b)(4) · 112 Stat. 1581
Added · 20 U.S.C. § 1087cc(c)(5)
Pub. L. 105–244, § 463(b)(4), added par. (5)
Source evidence
Code amendment note
Subsec. (c)(5). Pub. L. 105–244, § 463(b)(4), added par. (5).Enacted provision · exact public law section
(4) by amending paragraph (4) to read as follows: “(4) (A) Except as provided in subparagraph (B), an institution of higher education, after consultation with the Secretary and pursuant to the agreements entered into under paragraph (1), shall disclose at least annually to any credit bureau organization with which the Secretary has such an agreement the information set forth in paragraph (2), and shall disclose promptly to such credit bureau organization any changes to the information previously disclosed. “(B) The Secretary may promulgate regulations establishing criteria under which an institution of higher education may cease reporting the information described in paragraph (2) before a loan is paid in full.”; andHigher Education Amendments of 1998
Pub. L. 105–244 § 463(c) · 112 Stat. 1581
Substituted · 20 U.S.C. § 1087cc(d)
Pub. L. 105–244, § 463(c), substituted “subsection (a)(9)” for “subsection (a)(10)”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 105–244, § 463(c), substituted “subsection (a)(9)” for “subsection (a)(10)”.Enacted provision · exact public law section
(c) Conforming Amendment.— Section 463(d) is amended by striking “subsection (a)(10)” and inserting “subsection 20 USC 1087cc. (a)(9)”.Higher Education Opportunity Act
Pub. L. 110–315 § 463(a) · 122 Stat. 3078
Amended · 20 U.S.C. § 1087cc(a)(4)(B)
Pub. L. 110–315, § 463(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “if the institution is not one described in subparagraph (A), the Secretary may—
Source evidence
Code amendment note
Subsec. (a)(4)(B). Pub. L. 110–315, § 463(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “if the institution is not one described in subparagraph (A), the Secretary may—“(i) allow such institution to transfer its interest in such loan to the Secretary, for collection, and the Secretary may use any collections thereon (less an amount not to exceed 30 percent of any such sums collected to cover the Secretary’s collection costs) to make allocations to institutions of additional capital contributions in accordance with section 1087bb of this title; or “(ii) allow such institution to refer such note or agreement to the Secretary, without recompense, except that any sums collected on such a loan (less an amount not to exceed 30 percent of any such sums collected to cover the Secretary’s collection costs) shall be repaid to such institution no later than 180 days after collection by the Secretary and treated as an additional capital contribution;”.
Enacted provision · exact public law section
(a) Transfers for Collection.— Section 463(a)(4)(B) (20 U.S.C. 1087cc(a)(4)(B)) is amended to read as follows: “(B) if the institution is not one described in subparagraph (A), the Secretary may allow such institution to refer such note or agreement to the Secretary, without recompense, except that, once every six months, any sums collected on such a loan (less an amount not to exceed 30 percent of any such sums collected to cover the Secretary’s collection costs) shall be repaid to such institution and treated as an additional capital contribution under section 462;” .Effective date note
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.Higher Education Opportunity Act
Pub. L. 110–315 § 463(b) · 122 Stat. 3078
Inserted · 20 U.S.C. § 1087cc(a)(9)
Pub. L. 110–315, § 463(b), inserted “, except that nothing in this paragraph shall be construed to permit the Secretary to require the assignment of loans to the Secretary other than as is provided for in paragraphs (4) and (5)” before period
Source evidence
Code amendment note
Subsec. (a)(9). Pub. L. 110–315, § 463(b), inserted “, except that nothing in this paragraph shall be construed to permit the Secretary to require the assignment of loans to the Secretary other than as is provided for in paragraphs (4) and (5)” before period.Enacted provision · exact public law section
(b) Revise Authority To Prescribe Additional Fiscal Controls.— Section 463(a)(9) (20 U.S.C. 1087cc(a)(9)) is amended by inserting “, except that nothing in this paragraph shall be construed to permit the Secretary to require the assignment of loans to the Secretary other than as is provided for in paragraphs (4) and (5)” before the period.Effective date note
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.Higher Education Opportunity Act
Pub. L. 110–315 § 432(b)(5)(A) · 122 Stat. 3078
Substituted · 20 U.S.C. § 1087cc(c)
Pub. L. 110–315, § 432(b)(5)(A), substituted “consumer reporting agencies” for “credit bureau organizations” in heading
Source evidence
Code amendment note
Subsec. (c). Pub. L. 110–315, § 432(b)(5)(A), substituted “consumer reporting agencies” for “credit bureau organizations” in heading.Enacted provision · exact public law section
(A) in the subsection heading, by striking “Credit Bureau Organizations” and inserting “Consumer Reporting Agencies”;Effective date note
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.Higher Education Opportunity Act
Pub. L. 110–315 § 432(b)(5)(B) · 122 Stat. 3078
Substituted · 20 U.S.C. § 1087cc(c)(1)
Pub. L. 110–315, § 432(b)(5)(B), substituted “consumer reporting agencies” for “credit bureau organizations”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 110–315, § 432(b)(5)(B), substituted “consumer reporting agencies” for “credit bureau organizations”.Enacted provision · exact public law section
(B) in paragraph (1), by striking “credit bureau organizations” and inserting “consumer reporting agencies”;Effective date note
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.Higher Education Opportunity Act
Pub. L. 110–315 § 432(b)(5)(C) · 122 Stat. 3078
Substituted · 20 U.S.C. § 1087cc(c)(2)
Pub. L. 110–315, § 432(b)(5)(C), substituted “such consumer reporting agencies” for “such organizations”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 110–315, § 432(b)(5)(C), substituted “such consumer reporting agencies” for “such organizations”.Enacted provision · exact public law section
(C) in paragraph (2), by striking “organizations” and inserting “consumer reporting agencies”;Effective date note
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.Higher Education Opportunity Act
Pub. L. 110–315 § 432(b)(5)(D) · 122 Stat. 3078
Substituted · 20 U.S.C. § 1087cc(c)(4)(A)
Pub. L. 110–315, § 432(b)(5)(D), substituted “consumer reporting agency” for “credit bureau organization” in two places
Source evidence
Code amendment note
Subsec. (c)(4)(A). Pub. L. 110–315, § 432(b)(5)(D), substituted “consumer reporting agency” for “credit bureau organization” in two places.Enacted provision · exact public law section
(D) in paragraph (4)(A), by striking “credit bureau organization” each place the term occurs and inserting “consumer reporting agency”; andEffective date note
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.Higher Education Opportunity Act
Pub. L. 110–315 § 432(b)(5)(E) · 122 Stat. 3078
Substituted · 20 U.S.C. § 1087cc(c)(5)
Pub. L. 110–315, § 432(b)(5)(E), substituted “consumer reporting agencies” for “credit bureau organizations”
Substituted · 20 U.S.C. § 1087cc(c)(5)
Pub. L. 110–315, § 432(b)(5)(E), substituted “such consumer reporting agencies” for “such organizations”
Source evidence
Code amendment note
Subsec. (c)(5). Pub. L. 110–315, § 432(b)(5)(E), substituted “consumer reporting agencies” for “credit bureau organizations” and “such consumer reporting agencies” for “such organizations”.Enacted provision · exact public law section
(E) in paragraph (5)— (i) by striking “credit bureau organizations” and inserting “consumer reporting agencies”; and (ii) by striking “such organizations” and inserting “such consumer reporting agencies”;Effective date note
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.Pub. L. 111–39 § 405(2)(A)(i) · 123 Stat. 1934
Changed · 20 U.S.C. § 1087cc(c)(2)(A)
Pub. L. 111–39, § 405(2)(A)(i), realigned margins
Source evidence
Code amendment note
Subsec. (c)(2)(A). Pub. L. 111–39, § 405(2)(A)(i), realigned margins.Enacted provision · exact public law section
(i) by moving the margins of subparagraph (A) 2 ems to the left; andEffective date note
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.Pub. L. 111–39 § 405(2)(A)(ii) · 123 Stat. 1934
Added · 20 U.S.C. § 1087cc(c)(2)(B)
Pub. L. 111–39, § 405(2)(A)(ii), added subpar. (B)
Struck · 20 U.S.C. § 1087cc(c)(2)(B)
Pub. L. 111–39, § 405(2)(A)(ii), struck out former subpar. (B), resulting in text identical to that after execution of the amendment by Pub. L. 105–244, § 463(b)(2)(C). See 1998 Amendment note below
Source evidence
Code amendment note
Subsec. (c)(2)(B). Pub. L. 111–39, § 405(2)(A)(ii), added subpar. (B) and struck out former subpar. (B), resulting in text identical to that after execution of the amendment by Pub. L. 105–244, § 463(b)(2)(C). See 1998 Amendment note below.Enacted provision · exact public law section
(ii) by striking subparagraph (B) and inserting the following: “(B) information concerning the repayment and collection of any such loan, including information concerning the status of such loan; and” ; andEffective date note
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.Pub. L. 111–39 § 405(2)(B) · 123 Stat. 1934
Substituted · 20 U.S.C. § 1087cc(c)(3)
Pub. L. 111–39, § 405(2)(B), substituted “and (5)” for “and (6)” and made technical amendment to reference in original act which appears in text as reference to section 1681c of title 15
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 111–39, § 405(2)(B), substituted “and (5)” for “and (6)” and made technical amendment to reference in original act which appears in text as reference to section 1681c of title 15.Enacted provision · exact public law section
(B) in paragraph (3)— (i) by striking “and (6)” and inserting “and (5)”; and (ii) by striking “(a)(6)” and inserting “(a)(5)”;Effective date note
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.
38 of 38 references resolved to an enrolled provision
Editorial Notes
References in Text
Subsection (a)(5) relating to due diligence, referred to in subsec. (e), was redesignated subsec. (a)(4), by Pub. L. 105–244, title IV, § 463(a)(3), , 112 Stat. 1724.
Prior Provisions
A prior section 1087cc, Pub. L. 89–329, title IV, § 463, as added Pub. L. 92–318, title I, § 137(b), , 86 Stat. 274; amended Pub. L. 94–482, title I, § 130(c), , 90 Stat. 2146; Pub. L. 96–374, title IV, §§ 442(b)(1)–(4), 445(a), (b)(1), 447(a), 448(b), title XIII, § 1391(a)(1), , 94 Stat. 1439, 1440, 1442, 1443, 1503; Pub. L. 99–272, title XVI, §§ 16025, 16026, , 100 Stat. 352, 353, related to agreements with institutions of higher education, prior to the general revision of this part by Pub. L. 99–498.
Amendments1987–2009 · 6 rounds
2009
Subsec. (c)(2)(A). Pub. L. 111–39, § 405(2)(A)(i), realigned margins.
Subsec. (c)(2)(B). Pub. L. 111–39, § 405(2)(A)(ii), added subpar. (B) and struck out former subpar. (B), resulting in text identical to that after execution of the amendment by Pub. L. 105–244, § 463(b)(2)(C). See 1998 Amendment note below.
Subsec. (c)(3). Pub. L. 111–39, § 405(2)(B), substituted “and (5)” for “and (6)” and made technical amendment to reference in original act which appears in text as reference to section 1681c of title 15.
2008
Subsec. (a)(4)(B). Pub. L. 110–315, § 463(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “if the institution is not one described in subparagraph (A), the Secretary may—
“(i) allow such institution to transfer its interest in such loan to the Secretary, for collection, and the Secretary may use any collections thereon (less an amount not to exceed 30 percent of any such sums collected to cover the Secretary’s collection costs) to make allocations to institutions of additional capital contributions in accordance with section 1087bb of this title; or
“(ii) allow such institution to refer such note or agreement to the Secretary, without recompense, except that any sums collected on such a loan (less an amount not to exceed 30 percent of any such sums collected to cover the Secretary’s collection costs) shall be repaid to such institution no later than 180 days after collection by the Secretary and treated as an additional capital contribution;”.
Subsec. (a)(9). Pub. L. 110–315, § 463(b), inserted “, except that nothing in this paragraph shall be construed to permit the Secretary to require the assignment of loans to the Secretary other than as is provided for in paragraphs (4) and (5)” before period.
Subsec. (c). Pub. L. 110–315, § 432(b)(5)(A), substituted “consumer reporting agencies” for “credit bureau organizations” in heading.
Subsec. (c)(1). Pub. L. 110–315, § 432(b)(5)(B), substituted “consumer reporting agencies” for “credit bureau organizations”.
Subsec. (c)(2). Pub. L. 110–315, § 432(b)(5)(C), substituted “such consumer reporting agencies” for “such organizations”.
Subsec. (c)(4)(A). Pub. L. 110–315, § 432(b)(5)(D), substituted “consumer reporting agency” for “credit bureau organization” in two places.
Subsec. (c)(5). Pub. L. 110–315, § 432(b)(5)(E), substituted “consumer reporting agencies” for “credit bureau organizations” and “such consumer reporting agencies” for “such organizations”.
1998
Subsec. (a)(2)(B). Pub. L. 105–244, § 463(a)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “a capital contribution—
“(i) by an institution that—
“(I) is granted permission by the Secretary to participate in an Expanded Lending Option under the program, and
“(II) has a default rate which does not exceed 7.5 percent for award year 1993–1994 and has a cohort default rate which does not exceed 15 percent for award year 1994–1995 or for any succeeding award year,
in an amount not less than the amount of the Federal capital contributions described in subparagraph (A); or
“(ii) by any other institution, in an amount not less than three-seventeenths of such Federal capital contribution in fiscal year 1993, and one-third of such Federal capital contribution in each of the succeeding fiscal years, of the amount of the Federal capital contributions described in subparagraph (A);”.
Subsec. (a)(4) to (10). Pub. L. 105–244, § 463(a)(2), (3), redesignated pars. (5) to (10) as (4) to (9), respectively, and struck out former par. (4) which read as follows: “provide that where a note or written agreement evidencing a note has been in default for (A) 120 days, in the case of a loan which is repayable in monthly installments, or (B) 180 days, in the case of a loan which is repayable in less frequent installments, notice of such default shall be given to the Secretary in an annual report describing the total number of loans from such fund which are in such default;”.
Subsec. (c)(1). Pub. L. 105–244, § 463(b)(1), substituted “the Secretary and each institution of higher education participating in the program under this part shall” for “the Secretary shall” and inserted “and regarding loans held by the Secretary or an institution” after “section 1087gg of this title”.
Subsec. (c)(2). Pub. L. 105–244, § 463(b)(2)(A), in introductory provisions, substituted “by the Secretary or an institution, as the case may be, to such organizations, with respect to any loan held by the Secretary or the institution, respectively, of—” for “by the Secretary to such organizations, with respect to any loan for which the Secretary is responsible, of—”.
Subsec. (c)(2)(A). Pub. L. 105–244, § 463(b)(2)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the date of disbursement and the amount of any such loan;”.
Subsec. (c)(2)(B). Pub. L. 105–244, § 463(b)(2)(C), inserted “the repayment and” after “concerning” the first place appearing and substituted “status of such” for “status of any defaulted”.
Subsec. (c)(2)(C). Pub. L. 105–244, § 463(b)(2)(D), inserted “, or upon cancellation or discharge of the borrower’s obligation on the loan for any reason” before period at end.
Subsec. (c)(3). Pub. L. 105–244, § 463(b)(3)(A), in introductory provisions, inserted “or an institution” after “from the Secretary” and substituted “until the loan is paid in full.” for “until—”.
Subsec. (c)(3)(A), (B). Pub. L. 105–244, § 463(b)(3)(B), struck out subpars. (A) and (B) which read as follows:
“(A) 7 years from the date on which the Secretary accepted an assignment or referral of a loan, or
“(B) 7 years from the date the Secretary first reports the account to a consumer reporting agency.”
Subsec. (c)(4). Pub. L. 105–244, § 463(b)(4), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Each institution of higher education, after consultation with the Secretary and pursuant to the agreements entered into under paragraph (1), shall disclose at least annually to any credit bureau organization with which the Secretary has such an agreement—
“(A) the amount of loans made to any borrower under this part at the time of the disbursement of the loan; and
“(B) the information set forth in section 1080a(a) of this title.”
Subsec. (c)(5). Pub. L. 105–244, § 463(b)(4), added par. (5).
Subsec. (d). Pub. L. 105–244, § 463(c), substituted “subsection (a)(9)” for “subsection (a)(10)”.
1993
Subsec. (a)(2)(B)(i)(II). Pub. L. 103–208, § 2(f)(5), substituted “7.5 percent for award year 1993–1994 and has a cohort default rate which does not exceed 15 percent for award year 1994–1995 or for any succeeding award year” for “7.5 percent”.
Subsec. (c)(4). Pub. L. 103–208, § 2(f)(6), substituted “shall disclose at least annually” for “shall disclose” in introductory provisions.
Subsecs. (d), (e). Pub. L. 103–208, § 2(f)(7), added subsecs. (d) and (e).
1992
Subsec. (a)(2)(B). Pub. L. 102–325, § 463(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “a capital contribution by such institution in an amount equal to not less than one-ninth of the amount of the Federal capital contributions described in subparagraph (A);”.
Subsec. (c)(3)(B). Pub. L. 102–325, § 463(b)(1), struck out “, if that account has not been previously reported by any other holder of the note” after “agency”.
Subsec. (c)(4). Pub. L. 102–325, § 463(b)(2), added par. (4).
1987
Subsec. (a)(4). Pub. L. 100–50, § 13(e), substituted “in an annual report” for “in a report” and struck out “, and made to the Secretary at least semiannually” after “in such default”.
Subsec. (b). Pub. L. 100–50, § 13(f), substituted “section 1096 of this title” for “section 1092 of this title”.
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 (), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–244 effective , 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 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 1992 Amendment
Amendment by Pub. L. 102–325 effective , except that changes made in subsec. (a)(2)(B), relating to the matching of Federal capital contributions, applicable to funds provided for such program for award years beginning on or after , see section 468 of Pub. L. 102–325, set out as a note under section 1087dd 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.
Effective Date
Section effective , except as otherwise provided, see section 2 of Pub. L. 99–498, set out as a note under section 1001 of this title.
Subsection (a)(9) of this section applicable only to loans made for periods of enrollment beginning on or after , see section 405(b) of Pub. L. 99–498, set out as a note under section 1087dd of this title.
Credits
1986–2009 · 7 acts
- 1986Pub. L. 89–329, title IV, § 463, as added Pub. L. 99–498, title IV, § 405(a), , 100 Stat. 1444
- 1987amended Pub. L. 100–50, § 13(e), (f), , 101 Stat. 349
- 1992Pub. L. 102–325, title IV, § 463(a), (b), , 106 Stat. 579
- 1993Pub. L. 103–208, § 2(f)(5)–(7), , 107 Stat. 2471
- 1998Pub. L. 105–244, title IV, § 463, , 112 Stat. 1724
- 2008Pub. L. 110–315, title IV, §§ 432(b)(5), 463, , 122 Stat. 3246, 3266
- 2009Pub. L. 111–39, title IV, § 405(2), , 123 Stat. 1947.
Show as published
(Pub. L. 89–329, title IV, § 463, as added Pub. L. 99–498, title IV, § 405(a), , 100 Stat. 1444; amended Pub. L. 100–50, § 13(e), (f), , 101 Stat. 349; Pub. L. 102–325, title IV, § 463(a), (b), , 106 Stat. 579; Pub. L. 103–208, § 2(f)(5)–(7), , 107 Stat. 2471; Pub. L. 105–244, title IV, § 463, , 112 Stat. 1724; Pub. L. 110–315, title IV, §§ 432(b)(5), 463, , 122 Stat. 3246, 3266; Pub. L. 111–39, title IV, § 405(2), , 123 Stat. 1947.)