20 U.S.C. § 1086

Delegation of functions

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(a) In generalAn eligible lender or guaranty agency that contracts with another entity to perform any of the lender’s or agency’s functions under this subchapter, or otherwise delegates the performance of such functions to such other entity—(1) shall not be relieved of the lender’s or agency’s duty to comply with the requirements of this subchapter; and(2) shall monitor the activities of such other entity for compliance with such requirements.(b) Special rule

A lender that holds a loan made under this part in the lender’s capacity as a trustee is responsible for complying with all statutory and regulatory requirements imposed on any other holder of a loan made under this part.

(Pub. L. 89–329, title IV, § 436, as added Pub. L. 99–498, title IV, § 402(a), Oct. 17, 1986, 100 Stat. 1413; amended Pub. L. 105–244, title IV, § 430, Oct. 7, 1998, 112 Stat. 1709.)Editorial NotesPrior Provisions

A prior section 1086, Pub. L. 89–329, title IV, § 436, as added Pub. L. 89–752, § 12, Nov. 3, 1966, 80 Stat. 1244; amended Pub. L. 90–575, title I, § 116(b)(5), Oct. 16, 1968, 82 Stat. 1024; Pub. L. 94–482, title I, § 127(a), Oct. 12, 1976, 90 Stat. 2132; Pub. L. 96–374, title XIII, § 1391(a)(1), Oct. 3, 1980, 94 Stat. 1503, related to a District of Columbia student loan insurance program, prior to the general revision of this part by Pub. L. 99–498.

Amendments

1998—Pub. L. 105–244 amended section catchline and text generally. Prior to amendment, section authorized establishment of a District of Columbia student loan insurance program.

Statutory Notes and Related SubsidiariesEffective Date of 1998 Amendment

Amendment 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.

Notes of Decisions

Cited in 2 cases, 1995–2019 · leading case: Bartels v. Alabama Com. Coll., Inc., 918 F. Supp. 1565 (S.D. Ga. 1995).

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Bartels v. Alabama Com. Coll., Inc., 918 F. Supp. 1565 (S.D. Ga. 1995). “at 282 (citing 20 U.S.C. § 1086 ). Indeed, one transaction is a contract between the school and the student for educational services, and another transaction is between the student and the lender for financial services.”

Hyland v. Navient Corp. (S.D.N.Y. 2019). “; 20 U.S.C. § 1086 (a). In 2009, Navient’s predecessor entered into a Servicing Contract with the Department, pursuant to which Navient is delegated the duties of the lender for Guaranteed Loans and the duties of the Department for Direct Loans.”

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