Title 20 — Education
Part E · Chapter 28 — Higher Education Resources and Student Assistance
§ 1087ff. Distribution of assets from student loan funds
Statutory text
In general
Beginning , there shall be a capital distribution of the balance of the student loan fund established under this part by each institution of higher education as follows:
The Secretary shall first be paid an amount which bears the same ratio to the balance in such fund at the close of , as the total amount of the Federal capital contributions to such fund by the Secretary under this part bears to the sum of such Federal contributions and the institution’s capital contributions to such fund.
The remainder of such balance shall be paid to the institution.
Distribution of late collections
Beginning , each institution with which the Secretary has made an agreement under this part, shall pay to the Secretary the same proportionate share of amounts received by this institution after , in payment of principal and interest on student loans made from the student loan fund established pursuant to such agreement (which amount shall be determined after deduction of any costs of litigation incurred in collection of the principal or interest on loans from the fund and not already reimbursed from the fund or from such payments of principal or interest), as was determined for the Secretary under subsection (a).
Distribution of excess capital
Upon a finding by the institution or the Secretary prior to , that the liquid assets of a student loan fund established pursuant to an agreement under this part exceed the amount required for loans or otherwise in the foreseeable future, and upon notice to such institution or to the Secretary, as the case may be, there shall be, subject to such limitations as may be included in regulations of the Secretary or in such agreement, a capital distribution from such fund. Such capital distribution shall be made as follows:
The Secretary shall first be paid an amount which bears the same ratio to the total to be distributed as the Federal capital contributions by the Secretary to the student loan fund prior to such distribution bear to the sum of such Federal capital contributions and the capital contributions to the fund made by the institution.
The remainder of the capital distribution shall be paid to the institution.
No finding that the liquid assets of a student loan fund established under this part exceed the amount required under paragraph (1) may be made prior to a date which is 2 years after the date on which the institution of higher education received the funds from such institution’s allocation under section 1087bb of this title.
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 § 466 · 79 Stat. 1219
Enacted · 20 U.S.C. § 1087ff
Pub. L. 89–329, title IV, § 466, as added Pub. L. 99–498, title IV, § 405(a), Oct. 17, 1986, 100 Stat. 1453
Source evidence
Code source credit
Pub. L. 89–329, title IV, § 466, as added Pub. L. 99–498, title IV, § 405(a), Oct. 17, 1986, 100 Stat. 1453Enacted provision · exact public law section
Sec. 466. charges (a) Section 205 of the National Defense Education Act of 1958 is further amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: “(c) Pursuant to regulations of the Commissioner, an institution may assess a charge with respect to a loan from the loan fund established by the institution pursuant to this title for failure of the borrower to pay all or any part of an installment when it is due and, in the case, of a borrower who is entitled to deferment benefits under section Ante, pp. 1252, 1253. 205(b) (2) or cancellation benefits under section 205(b) (3), for any failure to file timely and satisfactory’ evidence of such entitlement. The amount of any such charge may not exceed— “(1) in the case of a loan which is repayable in monthly installments, $1 for the first month or part of a month by which such installment or evidence is late and $2 for each such month or part of a month thereafter; and “(2) in the case of a loan which has a bimonthly or quarterly repayment interval, $3 and $6. respectively, for each such interval or part thereof by which such installment or evidence is late. The institution may elect to add the amount of any such charge to the principal amount of the loan as of the first day after the day on which such installment or evidence was due, or to make the amount of the charge payable to the institution not later than the due date of the next installment after receipt by the borrower of notice of the assessment of the charge.” (b) Clause (2) of section 204 of such Act is amended by striking out “and (D)” and inserting in lieu thereof “(D) charges collected pursuant to section 205(c), and (E)”. (c) The amendment made by subsection (a) shall be applicable only with respect to loans made after the date of enactment of this Act.Higher Education Amendments of 1992
Pub. L. 102–325 § 466(1) · 106 Stat. 448
Substituted · 20 U.S.C. § 1087ff(b)
Pub. L. 102–325, § 466(1), substituted “2005” for “1997”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 102–325, § 466(1), substituted “2005” for “1997”.Enacted provision · exact public law section
(1) in subparagraph (A), by striking “and such determination shall not be made with respect to not more than 50 percent of the total number of schools in the State receiving assistance under such chapter 1”;Higher Education Amendments of 1992
Pub. L. 102–325 § 466(2) · 106 Stat. 448
Amended · 20 U.S.C. § 1087ff(c)
Pub. L. 102–325, § 466(2), designated existing provisions as par. (1)
Redesignated · 20 U.S.C. § 1087ff(c)
Pub. L. 102–325, § 466(2), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively
Added · 20 U.S.C. § 1087ff(c)
Pub. L. 102–325, § 466(2), added par. (2)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 102–325, § 466(2), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2).Enacted provision · exact public law section
(2) by amending subparagraph (C) to read as follows: “(C) as a full-time special education teacher, including teachers of infants, toddlers, children, or youth with disabilities in a public or other nonprofit elementary or secondary school system, or as a full-time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by the lead agency as authorized in section 676(b)(9) of the individuals With Disabilities Education Act;”;Higher Education Technical Amendments of 1993
Pub. L. 103–208 § 2(f)(15) · 107 Stat. 2457
Changed · 20 U.S.C. § 1087ff(c)(2)
Pub. L. 103–208 realigned margin
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 103–208 realigned margin.Enacted provision · exact public law section
(15) in section 466(c), by reducing the indentation of paragraph 20 USC 1087ff. (2) by two em spaces.Higher Education Amendments of 1998
Pub. L. 105–244 § 466(1)(A) · 112 Stat. 1581
Substituted · 20 U.S.C. § 1087ff(a)
Pub. L. 105–244, § 466(1)(A), in introductory provisions, substituted “2003” for “1996”
Substituted · 20 U.S.C. § 1087ff(a)
Pub. L. 105–244, § 466(1)(A), in introductory provisions, substituted “2004” for “1997”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 105–244, § 466(1)(A), in introductory provisions, substituted “2003” for “1996” and “2004” for “1997”.Enacted provision · exact public law section
(A) in the matter preceding paragraph (1)— (i) by striking “1996” and inserting “2003”; and (ii) by striking “1997” and inserting “2004”; andHigher Education Amendments of 1998
Pub. L. 105–244 § 466(1)(B) · 112 Stat. 1581
Substituted · 20 U.S.C. § 1087ff(a)(1)
Pub. L. 105–244, § 466(1)(B), substituted “2003” for “1996”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 105–244, § 466(1)(B), substituted “2003” for “1996”.Enacted provision · exact public law section
(B) in paragraph (1), by striking “1996” and inserting “2003”;Higher Education Amendments of 1998
Pub. L. 105–244 § 466(2) · 112 Stat. 1581
Substituted · 20 U.S.C. § 1087ff(b)
Pub. L. 105–244, § 466(2), substituted “2012” for “2005”
Substituted · 20 U.S.C. § 1087ff(b)
Pub. L. 105–244, § 466(2), substituted “2003” for “1996”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 105–244, § 466(2), substituted “2012” for “2005” and “2003” for “1996”.Enacted provision · exact public law section
(2) in subsection (b)— (A) by striking “2005” and inserting “2012”; and (B) by striking “1996” and inserting “2003”; andHigher Education Amendments of 1998
Pub. L. 105–244 § 466(3) · 112 Stat. 1581
Substituted · 20 U.S.C. § 1087ff(c)(1)
Pub. L. 105–244, § 466(3), substituted “2004” for “1997” in introductory provisions
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 105–244, § 466(3), substituted “2004” for “1997” in introductory provisions.Enacted provision · exact public law section
(3) in subsection (c), by striking “1997” and inserting “2004”.College Cost Reduction and Access Act
Pub. L. 110–84 title V § 501 · 121 Stat. 784
Substituted · 20 U.S.C. § 1087ff(b)
Pub. L. 110–84 substituted “October 1, 2012” for “March 31, 2012”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 110–84 substituted “October 1, 2012” for “March 31, 2012”.Enacted provision · exact public law section
SEC. 501. DISTRIBUTION OF LATE COLLECTIONS. Section 466(b) (20 U.S.C. 1087ff(b)) is amended by striking “March 31, 2012” and inserting “October 1, 2012”.Effective date note
Amendment by Pub. L. 110–84 effective Oct. 1, 2007, see section 1(c) of Pub. L. 110–84, set out as a note under section 1070a of this title.Federal Perkins Loan Program Extension Act of 2015
Pub. L. 114–105 § 2(b)(1)(A) · 129 Stat. 2219
Substituted · 20 U.S.C. § 1087ff(a)
Pub. L. 114–105, § 2(b)(1)(A), substituted “Beginning October 1, 2017” for “After September 30, 2003, and not later than March 31, 2004” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 114–105, § 2(b)(1)(A), substituted “Beginning October 1, 2017” for “After September 30, 2003, and not later than March 31, 2004” in introductory provisions.Enacted provision · exact public law section
(A) in the matter preceding paragraph (1), by striking “After September 30, 2003, and not later than March 31, 2004” and inserting “Beginning October 1, 2017”; andFederal Perkins Loan Program Extension Act of 2015
Pub. L. 114–105 § 2(b)(1)(B) · 129 Stat. 2219
Substituted · 20 U.S.C. § 1087ff(a)(1)
Pub. L. 114–105, § 2(b)(1)(B), substituted “September 30, 2017” for “September 30, 2003”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 114–105, § 2(b)(1)(B), substituted “September 30, 2017” for “September 30, 2003”.Enacted provision · exact public law section
(B) in paragraph (1), by striking “September 30, 2003” and inserting “September 30, 2017”;Federal Perkins Loan Program Extension Act of 2015
Pub. L. 114–105 § 2(b)(2) · 129 Stat. 2219
Substituted · 20 U.S.C. § 1087ff(b)
Pub. L. 114–105, § 2(b)(2), substituted “Beginning October 1, 2017” for “After October 1, 2012”
Substituted · 20 U.S.C. § 1087ff(b)
Pub. L. 114–105, § 2(b)(2), substituted “September 30, 2017” for “September 30, 2003”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 114–105, § 2(b)(2), substituted “Beginning October 1, 2017” for “After October 1, 2012” and “September 30, 2017” for “September 30, 2003”.Enacted provision · exact public law section
(2) in subsection (b)— (A) by striking “After October 1, 2012” and inserting “Beginning October 1, 2017”; and (B) by striking “September 30, 2003” and inserting “September 30, 2017”; andFederal Perkins Loan Program Extension Act of 2015
Pub. L. 114–105 § 2(b)(3) · 129 Stat. 2219
Substituted · 20 U.S.C. § 1087ff(c)(1)
Pub. L. 114–105, § 2(b)(3), substituted “October 1, 2017” for “October 1, 2004” in introductory provisions
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 114–105, § 2(b)(3), substituted “October 1, 2017” for “October 1, 2004” in introductory provisions.Enacted provision · exact public law section
(3) in subsection (c)(1), by striking “October 1, 2004” and inserting “October 1, 2017”.
18 of 18 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 1087ff, Pub. L. 89–329, title IV, § 466, as added Pub. L. 92–318, title I, § 137(b), , 86 Stat. 278; amended Pub. L. 94–482, title I, § 130(h), , 90 Stat. 2147; Pub. L. 96–374, title IV, § 442(c), title XIII, § 1391(a)(1), , 94 Stat. 1440, 1503, related to distribution of assets from student loan funds, prior to the general revision of this part by Pub. L. 99–498.
Amendments1992–2015 · 5 rounds
2015
Subsec. (a). Pub. L. 114–105, § 2(b)(1)(A), substituted “Beginning ” for “After , and not later than ” in introductory provisions.
Subsec. (a)(1). Pub. L. 114–105, § 2(b)(1)(B), substituted “” for “”.
Subsec. (b). Pub. L. 114–105, § 2(b)(2), substituted “Beginning ” for “After ” and “” for “”.
Subsec. (c)(1). Pub. L. 114–105, § 2(b)(3), substituted “” for “” in introductory provisions.
2007
Subsec. (b). Pub. L. 110–84 substituted “” for “”.
1998
Subsec. (a). Pub. L. 105–244, § 466(1)(A), in introductory provisions, substituted “2003” for “1996” and “2004” for “1997”.
Subsec. (a)(1). Pub. L. 105–244, § 466(1)(B), substituted “2003” for “1996”.
Subsec. (b). Pub. L. 105–244, § 466(2), substituted “2012” for “2005” and “2003” for “1996”.
Subsec. (c)(1). Pub. L. 105–244, § 466(3), substituted “2004” for “1997” in introductory provisions.
1993
Subsec. (c)(2). Pub. L. 103–208 realigned margin.
1992
Subsec. (b). Pub. L. 102–325, § 466(1), substituted “2005” for “1997”.
Subsec. (c). Pub. L. 102–325, § 466(2), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by Pub. L. 110–84 effective , see section 1(c) of Pub. L. 110–84, set out as a note under section 1070a 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.
Credits
1986–2015 · 6 acts
- 1986Pub. L. 89–329, title IV, § 466, as added Pub. L. 99–498, title IV, § 405(a), , 100 Stat. 1453
- 1992amended Pub. L. 102–325, title IV, § 466, , 106 Stat. 584
- 1993Pub. L. 103–208, § 2(f)(15), , 107 Stat. 2471
- 1998Pub. L. 105–244, title IV, § 466, , 112 Stat. 1728
- 2007Pub. L. 110–84, title V, § 501, , 121 Stat. 801
- 2015Pub. L. 114–105, § 2(b), , 129 Stat. 2220.
Show as published
(Pub. L. 89–329, title IV, § 466, as added Pub. L. 99–498, title IV, § 405(a), , 100 Stat. 1453; amended Pub. L. 102–325, title IV, § 466, , 106 Stat. 584; Pub. L. 103–208, § 2(f)(15), , 107 Stat. 2471; Pub. L. 105–244, title IV, § 466, , 112 Stat. 1728; Pub. L. 110–84, title V, § 501, , 121 Stat. 801; Pub. L. 114–105, § 2(b), , 129 Stat. 2220.)