20 U.S.C. § 1087G
Section 1087g · Regulatory activities
Amended 2 times on record
Applied in 3 court decisions — leading case Jones v. Cavazos (1989)
Most recently applied in 241 F. Supp. 2d 727 - Guillermety v. Secretary of Education of the United States (September 2002)
(1) Notice in lieu of regulations for first year of program
The Secretary shall publish in the Federal Register whatever standards, criteria, and procedures, consistent with the provisions of this part, the Secretary, in consultation with members of the higher education community, determines are reasonable and necessary to the successful implementation of the first year of the direct student loan program authorized by this part. Section 12321 of this title shall not apply to the publication of such standards, criteria, and procedures.
(2) Negotiated rulemaking
Beginning with academic year 1995 1996, all standards, criteria, procedures, and regulations implementing this part as amended by the Student Loan Reform Act of 1993 shall, to the extent practicable, be subject to negotiated rulemaking, including all such standards, criteria, procedures, and regulations promulgated from August 10, 1993.
The Secretary shall establish a date not later than October 1, 1993, as the closing date for receiving applications from institutions of higher education desiring to participate in the first year of the direct loan program under this part.
Not later than January 1, 1994, the Secretary shall publish in the Federal Register a list of the institutions of higher education selected to participate in the first year of the direct loan program under this part.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
Section 1232 of this title, referred to in subsec. (a)(1), was in the original a reference to section 431 of the General Education Provisions Act. Sections 422 and 431 of that Act were renumbered as sections 431 and 437, respectively, by Pub. L. 103 382, title II, §212(b)(1), Oct. 20, 1994, 108 Stat. 3913, and are classified to sections 1231a and 1232, respectively, of this title.
The Student Loan Reform Act of 1993, referred to in subsec. (a)(2), is subtitle A (§§4011 4047) of title IV of Pub. L. 103 66, Aug. 10, 1993, 106 Stat. 341. For complete classification of this Act to the Code, see Short Title of 1993 Amendments note set out under section 1001 of this title and Tables.
Amendments
1993—Pub. L. 103 66 amended section generally, substituting provisions relating to regulatory activities for former provisions relating to loan collection functions under competitive procurement contracts.
Effective Date
Section 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.