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Title 20 — Education

Part E · Chapter 28 — Higher Education Resources and Student Assistance

§ 1087ff. Distribution of assets from student loan funds

Statutory text

(a)

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:

(1)

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.

(2)

The remainder of such balance shall be paid to the institution.

(b)

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).

(c)

Distribution of excess capital

(1)

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:

(A)

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.

(B)

The remainder of the capital distribution shall be paid to the institution.

(2)

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.

  1. 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. 1453

    Enacted 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.

  2. 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”;

  3. Higher Education Amendments of 1992

    Pub. L. 102–325 § 466(2) · 106 Stat. 448

    1. Amended · 20 U.S.C. § 1087ff(c)

      Pub. L. 102–325, § 466(2), designated existing provisions as par. (1)

    2. 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

    3. 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;”;

  4. 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.

  5. Higher Education Amendments of 1998

    Pub. L. 105–244 § 466(1)(A) · 112 Stat. 1581

    1. Substituted · 20 U.S.C. § 1087ff(a)

      Pub. L. 105–244, § 466(1)(A), in introductory provisions, substituted “2003” for “1996”

    2. 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”; and

  6. Higher 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”;

  7. Higher Education Amendments of 1998

    Pub. L. 105–244 § 466(2) · 112 Stat. 1581

    1. Substituted · 20 U.S.C. § 1087ff(b)

      Pub. L. 105–244, § 466(2), substituted “2012” for “2005”

    2. 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”; and

  8. Higher 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”.

  9. 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.

  10. 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”; and

  11. Federal 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”;

  12. Federal Perkins Loan Program Extension Act of 2015

    Pub. L. 114–105 § 2(b)(2) · 129 Stat. 2219

    1. Substituted · 20 U.S.C. § 1087ff(b)

      Pub. L. 114–105, § 2(b)(2), substituted “Beginning October 1, 2017” for “After October 1, 2012”

    2. 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”; and

  13. Federal 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
  1. 1986Pub. L. 89–329, title IV, § 466, as added Pub. L. 99–498, title IV, § 405(a), , 100 Stat. 1453
  2. 1992amended Pub. L. 102–325, title IV, § 466, , 106 Stat. 584
  3. 1993Pub. L. 103–208, § 2(f)(15), , 107 Stat. 2471
  4. 1998Pub. L. 105–244, title IV, § 466, , 112 Stat. 1728
  5. 2007Pub. L. 110–84, title V, § 501, , 121 Stat. 801
  6. 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.)

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