20 U.S.C. § 1087a

Program authority

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 20 CasesGoogle Scholar

(a) In general

There are hereby made available, in accordance with the provisions of this part, such sums as may be necessary (1) to make loans to all eligible students (and the eligible parents of such students) in attendance at participating institutions of higher education selected by the Secretary, to enable such students to pursue their courses of study at such institutions during the period beginning July 1, 1994; and (2) for purchasing loans under section 1087i–1 of this title. Loans made under this part shall be made by participating institutions, or consortia thereof, that have agreements with the Secretary to originate loans, or by alternative originators designated by the Secretary to make loans for students in attendance at participating institutions (and their parents).

(b) Designation(1) Program

The program established under this part shall be referred to as the “William D. Ford Federal Direct Loan Program”.

(2) Direct loans

Notwithstanding any other provision of this part, loans made to borrowers under this part that, except as otherwise specified in this part, have the same terms, conditions, and benefits as loans made to borrowers under section 1078 of this title, shall be known as “Federal Direct Stafford/Ford Loans”.

The maximum dollar amount of financial assistance provided under this part to a student shall not exceed the cost of attendance for such student.

(Pub. L. 89–329, title IV, § 451, as added Pub. L. 99–498, title IV, § 404, Oct. 17, 1986, 100 Stat. 1437; amended Pub. L. 102–325, title IV, § 451, July 23, 1992, 106 Stat. 569; Pub. L. 103–66, title IV, § 4021, Aug. 10, 1993, 107 Stat. 341; Pub. L. 103–382, title III, § 358A, Oct. 20, 1994, 108 Stat. 3968; Pub. L. 110–227, § 7(a), May 7, 2008, 122 Stat. 746; Pub. L. 116–260, div. FF, title VII, § 702(a)(2), Dec. 27, 2020, 134 Stat. 3138.)Editorial NotesPrior Provisions

A prior section 1087a, Pub. L. 89–329, title IV, § 451, as added Pub. L. 90–575, title I, § 141, Oct. 16, 1968, 82 Stat. 1031; amended Pub. L. 92–318, title I, § 136(a), (b)(1), June 23, 1972, 86 Stat. 272, authorized appropriations for cooperative education programs from the fiscal year ending June 30, 1969, through the fiscal year ending prior to July 1, 1975, prior to repeal by Pub. L. 94–482, title I, § 129(a), Oct. 12, 1976, 90 Stat. 2144, eff. 30 days after Oct. 12, 1976.

Amendments

2020—Subsec. (c). Pub. L. 116–260 added subsec. (c).

2008—Subsec. (a). Pub. L. 110–227, in first sentence, inserted “(1)” before “to make loans” and “; and (2) for purchasing loans under section 1087i–1 of this title” before period at end and, in second sentence, substituted “Loans made under this part shall” for “Such loans shall”.

1994—Pub. L. 103–382 designated existing provisions as subsec. (a), added heading, and added subsec. (b).

1993—Pub. L. 103–66 amended section generally, substituting provisions relating to program authority for former provisions relating to program and payment authority.

1992—Pub. L. 102–325 amended section generally, substituting provisions relating to program and payment authority for Federal direct loan demonstration program for former provisions relating to statement of purpose of income contingent direct loan demonstration project.

Statutory Notes and Related SubsidiariesEffective Date of 2020 Amendment

Amendment by Pub. L. 116–260 effective July 1, 2024, except as otherwise expressly provided, and applicable with respect to award year 2024–2025 and each subsequent award year, as determined under this chapter, see section 701(b) of Pub. L. 116–260, set out as a note under section 1001 of this title.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–325 effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as a note under section 1001 of this title.

Income Contingent Loan Distribution of Funds

Pub. L. 102–325, title IV, § 452, July 23, 1992, 106 Stat. 575, provided that:“(a)In General.—After September 30, 1992, and not later than March 31, 1992, the capital balance of the student loan fund established under part D of title IV of the Higher Education Act of 1965 [20 U.S.C. 1087a et seq.] (as such Act was in effect on the date of enactment of this Act [July 23, 1992]) shall be distributed by allowing institutions to transfer any remaining funds, including future collections and all other funds at the institution’s discretion, to such institution’s part E [20 U.S.C. 1087aa et seq.] account, part C [20 U.S.C. 1087–51 et seq.] fund, or subpart 3 of part A [20 U.S.C. 1070b et seq.] fund under the terms and conditions of the appropriate program.“(b)Conversion of Existing Loans.—Institutions may, after July 1, 1992, convert all outstanding loans made under part D of title IV of the Higher Education Act of 1965 [20 U.S.C. 1087a et seq.] (as such Act was in effect on such date) to part E [20 U.S.C. 1087aa et seq.] loans, provided that such institution—“(1) notify the borrower of such conversion;“(2) obtain a signed part E promissory note from the borrower for the remaining amount outstanding; and“(3) provide the borrower in writing with a description of all terms and conditions of the new loan.”

Notes of Decisions

Cited in 44 cases (14 in the last 5 years), 1997–2026 · 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 3× “See 20 U.S.C. § 1087a, etseq. *38 The FFELP, originally known as the Guaranteed Student Loan Program, was first created in 1965 as part of the HEA.”

Donrich Young v. Grand Canyon Univ., Inc., 980 F.3d 814 (11th Cir. 2020). “See 20 U.S.C. § 1087a–1087h. Schools accepting federal student-loan money must enter into agreements with the Secretary of Education that include provisions that “the Secretary determines are necessary to protect the interests of the United States and to promote the purposes of…”

Commonwealth of Pennsylvania v. Navient Corp, 967 F.3d 273 (3rd Cir. 2020). “To that end, the Act established two federal student loan programs that are designed to help every student afford the college or trade school of his or her choice: (i) the Direct Loan Program, under which the Department of Education (the “DOE”) lends federal taxpayer dollars…”

Commonwealth v. U.S. Dep't of Educ., 340 F. Supp. 3d 7 (D.C. Cir. 2018). “See 20 U.S.C. § 1087a et seq. While these loans must generally be repaid, the Department has the authority to specify certain "acts or omissions of an institution of higher education [that] a borrower may assert as a defense to repayment of a loan made under [the Act].”

Tuttle v. Educ. Credit Mgmt. Corp. (In re Tuttle), 600 B.R. 783 (Bankr. E.D. Wis. 2019). “See 20 U.S.C. § 1087a., 34 C.F.R. §§ 685.208 - 209 ; Exhibit 107.”

Valentine v. Valentine, 500 P.3d 514 (Idaho 2021). “§ 1078-8 (describing “Unsubsidized Stafford loans”); 20 U.S.C. § 1087a (describing the authority for the federal student loan program).”

Manriquez v. DeVos, 345 F. Supp. 3d 1077 (N.D. Cal. 2018). “Ford Direct Loan Program ("Direct Loan Program"), 20 U.S.C. § 1087a et seq., which provides loans ("Direct Loans") to borrowers for use at "participating institutions of higher education.”

Greene v. U.S. Dep't of Educ. (In re Greene), 484 B.R. 98 (Bankr. E.D. Va. 2012). “Ford] Direct Loan Program under Title IV, Part D of the Higher Education Act of 1965, as amended, 20 U.S.C. § 1087a et seq. (34 C.F.R. Part 685).”

Novak v. Univ. of Miami (In re Demitrus), 586 B.R. 88 (Bankr. D. Conn. 2018). “See 20 U.S.C. § 1087a(a). Under the Regulations, only "[a]n eligible parent" may borrow under the Direct PLUS Loan program.”

Ayele v. Educ. Credit Mgmt. Corp., 468 B.R. 24 (Bankr. D. Mass. 2012). “Ford Federal Direct Loan Program (the “Ford Program”), which was enacted by Congress pursuant to 20 U.S.C. § 1087a et seq., and is contained within the Code of Federal Regulations, see 34 C.”

Guillermety v. Sec'y of Educ. of the United States, 241 F. Supp. 2d 727 (E.D. Mich. 2002). “See 20 U.S.C. §§ 1087a— 1087j. Under the Direct Student Loan Program, the United States Government makes *748 the educational loan directly to the student and/or parent though the participating institution of higher education.”

United States v. Foley, 729 F. Supp. 2d 371 (D. Me. 2010). · cites it 2× “Foley alleging that she has defaulted on a Direct Consolidation loan under Title IV-D of the Higher Education Act of 1965, as amended, 20 U.S.C. § 1087a, et seq. 1 (Compl. (Docket # 1) ¶ 3.”

Show all 44 citing cases →

— 20 U.S.C. § 1087a(a) — 4 cases

California Ass'n of Private Postsecondary Schs. v. Devos (D.D.C. 2020).

Britt v. IEC Corp. (S.D. Fla. 2021).

Applicability of Section 514 of the 1997 Educ. Appropriations Act to Post-Secondary Student Aid Programs (OLC 1997).

— 20 U.S.C. § 1087a(b)(2) — 3 cases

Pennsylvania Higher Educ. Assistance Agency v. Perez (D. Conn. 2019).

United States v. Mance (E.D.N.Y 2020).

Quero v. Rosenfelt (S.D.N.Y. 2019).

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.