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LegalText 20 U.S.C. § 1087ff Distribution of assets from student loan funds us united_states_code code_section 20 EDUCATION 28 HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE 1087ff 20 U.S.C. § 1087ff current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc20@119-100.zip /us/usc/t20/s1087ff data/legal/raw/us/code/title-20/usc20.xml 32aacfd655b426ae73f76799949447f82e8e0710ee4409eb017a0ca3f170c1c5 6022872c5d6a3398d1728f82f8cefcb58db9f5ff548e2a636450be1e4a8bb052 80bd2d33fc3c1b463d3ddae825492a723f6b9d74f2949cd823b44b8b33d6437e 2026-07-04 official
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20 U.S.C. § 1087ff - Distribution of assets from student loan funds

Text

(a) In general Beginning October 1, 2017, 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 September 30, 2017, 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 institutions capital contributions to such fund.

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

(b) Distribution of late collections Beginning October 1, 2017, 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 September 30, 2017, 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 October 1, 2017, 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 institutions allocation under section 1087bb of this title.

(Pub. L. 89329, title IV, § 466, as added Pub. L. 99498, title IV, § 405(a), Oct. 17, 1986, 100 Stat. 1453; amended Pub. L. 102325, title IV, § 466, July 23, 1992, 106 Stat. 584; Pub. L. 103208, § 2(f)(15), Dec. 20, 1993, 107 Stat. 2471; Pub. L. 105244, title IV, § 466, Oct. 7, 1998, 112 Stat. 1728; Pub. L. 11084, title V, § 501, Sept. 27, 2007, 121 Stat. 801; Pub. L. 114105, § 2(b), Dec. 18, 2015, 129 Stat. 2220.)

Notes

Editorial Notes

Prior ProvisionsA prior section 1087ff, Pub. L. 89329, title IV, § 466, as added Pub. L. 92318, title I, § 137(b), June 23, 1972, 86 Stat. 278; amended Pub. L. 94482, title I, § 130(h), Oct. 12, 1976, 90 Stat. 2147; Pub. L. 96374, title IV, § 442(c), title XIII, § 1391(a)(1), Oct. 3, 1980, 94 Stat. 1440, 1503, related to distribution of assets from student loan funds, prior to the general revision of this part by Pub. L. 99498.

Amendments2015—Subsec. (a). Pub. L. 114105, § 2(b)(1)(A), substituted “Beginning October 1, 2017” for “After September 30, 2003, and not later than March 31, 2004” in introductory provisions. Subsec. (a)(1). Pub. L. 114105, § 2(b)(1)(B), substituted “September 30, 2017” for “September 30, 2003”. Subsec. (b). Pub. L. 114105, § 2(b)(2), substituted “Beginning October 1, 2017” for “After October 1, 2012” and “September 30, 2017” for “September 30, 2003”. Subsec. (c)(1). Pub. L. 114105, § 2(b)(3), substituted “October 1, 2017” for “October 1, 2004” in introductory provisions. 2007—Subsec. (b). Pub. L. 11084 substituted “October 1, 2012” for “March 31, 2012”. 1998—Subsec. (a). Pub. L. 105244, § 466(1)(A), in introductory provisions, substituted “2003” for “1996” and “2004” for “1997”. Subsec. (a)(1). Pub. L. 105244, § 466(1)(B), substituted “2003” for “1996”. Subsec. (b). Pub. L. 105244, § 466(2), substituted “2012” for “2005” and “2003” for “1996”. Subsec. (c)(1). Pub. L. 105244, § 466(3), substituted “2004” for “1997” in introductory provisions. 1993—Subsec. (c)(2). Pub. L. 103208 realigned margin. 1992—Subsec. (b). Pub. L. 102325, § 466(1), substituted “2005” for “1997”. Subsec. (c). Pub. L. 102325, § 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 AmendmentAmendment by Pub. L. 11084 effective Oct. 1, 2007, see section 1(c) of Pub. L. 11084, set out as a note under section 1070a of this title.

Effective Date of 1998 AmendmentAmendment by Pub. L. 105244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105244, see section 3 of Pub. L. 105244, set out as a note under section 1001 of this title.

Effective Date of 1993 AmendmentAmendment by Pub. L. 103208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102325, except as otherwise provided, see section 5(a) of Pub. L. 103208, set out as a note under section 1051 of this title.