--- kind: "section" citation: "20 U.S.C. § 1087ff" title: "20" title_heading: "Education" number: "1087ff" heading: "Distribution of assets from student loan funds" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/20/1087ff" units: - "Chapter 28 — Higher Education Resources and Student Assistance" - "Subchapter IV — Student Assistance" - "Part E — Federal Perkins Loans" --- # §1087ff. Distribution of assets from student loan funds - (a) **In general—** Beginning October 1, 2017, there shall be a capital distribution of the balance of the student [loan](/usc/20/1066a.md?p=2) fund established under this part by each [institution of higher education](/usc/20/1001.md?p=a) as follows: - (1) The [Secretary](/usc/20/1003.md?p=17) 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](/usc/20/1003.md?p=17) 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 October 1, 2017, each institution with which the [Secretary](/usc/20/1003.md?p=17) has made an agreement under this part, shall pay to the [Secretary](/usc/20/1003.md?p=17) the same proportionate share of amounts received by this institution after September 30, 2017, in payment of principal and [interest](/usc/20/1066a.md?p=6) on student [loans](/usc/20/1066a.md?p=2) made from the student [loan](/usc/20/1066a.md?p=2) 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](/usc/20/1066a.md?p=6) on [loans](/usc/20/1066a.md?p=2) from the fund and not already reimbursed from the fund or from such payments of principal or [interest](/usc/20/1066a.md?p=6)), as was determined for the [Secretary](/usc/20/1003.md?p=17) under [subsection (a)](#a). - (c) **Distribution of excess capital—** - (1) Upon a finding by the institution or the [Secretary](/usc/20/1003.md?p=17) prior to October 1, 2017, that the liquid [assets](/usc/20/1087vv.md?p=f-1) of a student [loan](/usc/20/1066a.md?p=2) fund established pursuant to an agreement under this part exceed the amount required for [loans](/usc/20/1066a.md?p=2) or otherwise in the foreseeable future, and upon notice to such institution or to the [Secretary](/usc/20/1003.md?p=17), as the case may be, there shall be, subject to such limitations as may be included in regulations of the [Secretary](/usc/20/1003.md?p=17) or in such agreement, a capital distribution from such fund. Such capital distribution shall be made as follows: - (A) The [Secretary](/usc/20/1003.md?p=17) 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](/usc/20/1003.md?p=17) to the student [loan](/usc/20/1066a.md?p=2) 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](/usc/20/1087vv.md?p=f-1) of a student [loan](/usc/20/1066a.md?p=2) fund established under this part exceed the amount required under [paragraph (1)](#c-1) may be made prior to a date which is 2 years after the date on which the [institution of higher education](/usc/20/1001.md?p=a) received the funds from such institution’s allocation under [section 1087bb of this title](/usc/20/1087bb.md). ## 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; amended Pub. L. 102–325, title IV, § 466, July 23, 1992, 106 Stat. 584; Pub. L. 103–208, § 2(f)(15), Dec. 20, 1993, 107 Stat. 2471; Pub. L. 105–244, title IV, § 466, Oct. 7, 1998, 112 Stat. 1728; Pub. L. 110–84, title V, § 501, Sept. 27, 2007, 121 Stat. 801; Pub. L. 114–105, § 2(b), Dec. 18, 2015, 129 Stat. 2220.) ## Notes ### 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), June 23, 1972, 86 Stat. 278; amended Pub. L. 94–482, title I, § 130(h), Oct. 12, 1976, 90 Stat. 2147; Pub. L. 96–374, 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. 99–498. ### Amendments 2015—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. Subsec. (a)(1). Pub. L. 114–105, § 2(b)(1)(B), substituted “September 30, 2017” for “September 30, 2003”. 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”. Subsec. (c)(1). Pub. L. 114–105, § 2(b)(3), substituted “October 1, 2017” for “October 1, 2004” in introductory provisions. 2007—Subsec. (b). Pub. L. 110–84 substituted “October 1, 2012” for “March 31, 2012”. 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 Oct. 1, 2007, 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 Oct. 1, 1998, 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.