20 U.S.C. § 1087gg

Collection of defaulted loans: Perkins Loan Revolving Fund

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(a) Authority of Secretary to collect referred, transferred, or assigned loansWith respect to any loan—(1) which was made under this part, and(2) which is referred, transferred, or assigned to the Secretary by an institution with an agreement under section 1087cc(a) of this title,the Secretary is authorized to attempt to collect such loan by any means authorized by law for collecting claims of the United States (including referral to the Attorney General for litigation) and under such terms and conditions as the Secretary may prescribe, including reimbursement for expenses reasonably incurred in attempting such collection.(b) Collection of referred, transferred, or assigned loans

The Secretary shall continue to attempt to collect any loan referred, transferred, or assigned under paragraph (4) or (5) of section 1087cc(a) of this title until all appropriate collection efforts, as determined by the Secretary, have been expended.

(Pub. L. 89–329, title IV, § 467, as added Pub. L. 99–498, title IV, § 405(a), Oct. 17, 1986, 100 Stat. 1453; amended Pub. L. 102–325, title IV, § 467, July 23, 1992, 106 Stat. 584; Pub. L. 105–244, title IV, § 467(a), Oct. 7, 1998, 112 Stat. 1728; Pub. L. 111–39, title IV, § 405(6), July 1, 2009, 123 Stat. 1947.)Editorial NotesPrior Provisions

A prior section 1087gg, Pub. L. 89–329, title IV, § 467, as added Pub. L. 96–49, § 5(d)(3)(A), Aug. 13, 1979, 93 Stat. 352; amended Pub. L. 96–374, title IV, § 445(c), title XIII, § 1391(a)(1), Oct. 3, 1980, 94 Stat. 1442, 1503; Pub. L. 99–272, title XVI, § 16029, Apr. 7, 1986, 100 Stat. 354, related to collection of defaulted loans, prior to the general revision of this part by Pub. L. 99–498.

Amendments

2009—Subsec. (b). Pub. L. 111–39 substituted “paragraph (4) or (5)” for “paragraph (5)(A), (5)(B)(i), or (6)”.

1998—Subsec. (c). Pub. L. 105–244 struck out heading and text of subsec. (c) which established the Perkins Loan Revolving Fund and provided for deposits into and payments from the Fund.

1992—Pub. L. 102–325 amended section catchline generally, inserting “: Perkins Loan Revolving Fund” after “loans” and added subsec. (c).

Statutory Notes and Related SubsidiariesEffective Date of 2009 Amendment

Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 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 1992 Amendment

Amendment by Pub. L. 102–325 to this section, relating to creation of Perkins Loan Revolving Fund, effective Sept. 15, 1997, see section 468(4) of Pub. L. 102–325, set out as a note under section 1087dd of this title.

Transfer of Balance

Pub. L. 105–244, title IV, § 467(b), Oct. 7, 1998, 112 Stat. 1728, provided that: “Any funds in the Perkins Loan Revolving Fund on the date of enactment of this Act [Oct. 7, 1998] shall be transferred to and deposited in the Treasury.”

Notes of Decisions

Cited in 3 cases, 1989–2002 · leading case: Adeline Jones v. Lauro F. Cavazos, Sec'y, United States Dep't of Educ., in His Off. Capacity, & Richard A. Hastings, Etc., 889 F.2d 1043 (11th Cir. 1989).

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Adeline Jones v. Lauro F. Cavazos, Sec'y, United States Dep't of Educ., in His Off. Capacity, & Richard A. Hastings, Etc., 889 F.2d 1043 (11th Cir. 1989). · cites it 2× “In § 467 of the act, codified at 20 U.S.C.A. § 1087gg (Supp.1989), the Secretary was authorized to pursue collection broadly: COLLECTION OF REFERRED, TRANSFERRED OR ASSIGNED LOANS — The Secretary shall continue to attempt to collect any loan referred, transferred, or assigned…”

Guillermety v. Sec'y of Educ. of the United States, 241 F. Supp. 2d 727 (E.D. Mich. 2002). “20 U.S.C. § 1087gg. Thus, an outstanding Perkins Loan does not become a claim of the United States until the borrower’s educational institution assigns, in its discretion, the delinquent loan to the Department of Education.”

United States v. Johnson, 845 F. Supp. 864 (M.D. Fla. 1994). “” The Court agrees with Plaintiff (as noted in Plaintiffs opposition to Defendant’s motion for declaratory judgment), that pursuant to 20 U.S.C. § 1087gg, the Secretary is authorized to collect monies owed on any loan assigned it under § 1087cc(a).”

— 20 U.S.C. § 1087gg(b) — 1 case

Adeline Jones v. Lauro F. Cavazos, Sec'y, United States Dep't of Educ., in His Off. Capacity, & Richard A. Hastings, Etc., 889 F.2d 1043 (11th Cir. 1989). “In § 467 of the act, codified at 20 U.S.C.A. § 1087gg (Supp.1989), the Secretary was authorized to pursue collection broadly: COLLECTION OF REFERRED, TRANSFERRED OR ASSIGNED LOANS — The Secretary shall continue to attempt to collect any loan referred, transferred, or assigned…”

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