Sec. 422A. FEDERAL STUDENT LOAN RESERVE FUND
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## SEC. 422A FEDERAL STUDENT LOAN RESERVE FUND **[**[20 U.S.C. 1072a](/us/usc/t20/s1072a)**]** ###
(a)Establishment Each guaranty agency shall, not later than 60 days after the date of enactment of this section, deposit all funds, securities, and other liquid assets contained in the reserve fund established pursuant to section 422 into a Federal Student Loan Reserve Fund (in this section and section 422B referred to as the “Federal Fund”), which shall be an account of a type selected by the agency, with the approval of the Secretary. ###
(b)Investment of Funds Funds transferred to the Federal Fund shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities selected by the guaranty agency, with the approval of the Secretary. Earnings from the Federal Fund shall be the sole property of the Federal Government. ###
(c)Additional Deposits After the establishment of the Federal Fund, a guaranty agency shall deposit into the Federal Fund— ####
(1)all amounts received from the Secretary as payment of reinsurance on loans pursuant to section 428(c)(1); ####
(2)from amounts collected on behalf of the obligation of a defaulted borrower, a percentage amount equal to the complement of the reinsurance percentage in effect when payment under the guaranty agreement was made— #####
(A)with respect to the defaulted loan pursuant to sections 428(c)(6)(A) and 428F(a)(1)(B); and #####
(B)with respect to a loan that the Secretary has repaid or discharged under section 437; ####
(3)insurance premiums collected from borrowers pursuant to sections 428(b)(1)(H) and 428H(h); ####
(4)all amounts received from the Secretary as payment for supplemental preclaims activity performed prior to the date of enactment of this section; ####
(5)70 percent of amounts received after such date of enactment from the Secretary as payment for administrative cost allowances for loans upon which insurance was issued prior to such date of enactment; and ####
(6)other receipts as specified in regulations of the Secretary. ###
(d)Uses of Funds Subject to subsection (f), the Federal Fund may only be used by a guaranty agency— ####
(1)to pay lender claims pursuant to sections 428(b)(1)(G), 428(j), and 437; and ####
(2)to pay into the Agency Operating Fund established pursuant to section 422B (in this section and section 422B referred to as the “Operating Fund”) a default aversion fee in accordance with section 428(l). ###
(e)Ownership of Federal Fund The Federal Fund, and any nonliquid asset (such as a building or equipment) developed or purchased by the guaranty agency in whole or in part with Federal reserve funds, regardless of who holds or controls the Federal reserve funds or such asset, shall be considered to be the property of the United States, prorated based on the percentage of such asset developed or purchased with Federal reserve funds, which property shall be used in the operation of the program authorized by this part, as provided in subsection (d). The Secretary may restrict or regulate the use of such asset only to the extent necessary to reasonably protect the Secretary's prorated share of the value of such asset. The Secretary may direct a guaranty agency, or such agency's officers or directors, to cease any activity involving expenditures, use, or transfer of the Federal Fund administered by the guaranty agency that the Secretary determines is a misapplication, misuse, or improper expenditure of the Federal Fund or the Secretary's share of such asset. ###
(f)Transition ####
(1)In general In order to establish the Operating Fund, each guaranty agency may transfer not more than 180 days' cash expenses for normal operating expenses (not including claim payments) as a working capital reserve as defined in Office of Management and Budget Circular A–87 (Cost Accounting Standards) from the Federal Fund for deposit into the Operating Fund for use in the performance of the guaranty agency's duties under this part. Such transfers may occur during the first 3 years following the establishment of the Operating Fund. However, no agency may transfer in excess of 45 percent of the balance, as of September 30, 1998, of the agency's Federal Fund to the agency's Operating Fund during such 3-year period. In determining the amount that may be transferred, the agency shall ensure that sufficient funds remain in the Federal Fund to pay lender claims within the required time periods and to meet the reserve recall requirements of this section and subsections
(h)and
(i)of section 422. ####
(2)Special rule A limited number of guaranty agencies may transfer interest earned on the Federal Fund to the Operating Fund during the first 3 years after the date of enactment of this section if the guaranty agency demonstrates to the Secretary that— #####
(A)the cash flow in the Operating Fund will be negative without the transfer of such interest; and #####
(B)the transfer of such interest will substantially improve the financial circumstances of the guaranty agency. ####
(3)Repayment provisions Each guaranty agency shall begin repayment of sums transferred pursuant to this subsection not later than the start of the fourth year after the establishment of the Operating Fund, and shall repay all amounts transferred not later than 5 years from the date of the establishment of the Operating Fund. With respect to amounts transferred from the Federal Fund, the guaranty agency shall not be required to repay any interest on the funds transferred and subsequently repaid. The guaranty agency shall provide to the Secretary a reasonable schedule for repayment of the sums transferred and an annual financial analysis demonstrating the agency's ability to comply with the schedule and repay all outstanding sums transferred. ####
(4)Prohibition If a guaranty agency transfers funds from the Federal Fund in accordance with this section, and fails to make scheduled repayments to the Federal Fund, the agency may not receive any other funds under this part until the Secretary determines that the agency has made such repayments. The Secretary shall pay to the guaranty agency any funds withheld in accordance with this paragraph immediately upon making the determination that the guaranty agency has made all such repayments. ####
(5)Waiver The Secretary may— #####
(A)waive the requirements of paragraph (3), but only with respect to repayment of interest that was transferred in accordance with paragraph (2); and #####
(B)waive paragraph (4); for a guaranty agency, if the Secretary determines that there are extenuating circumstances (such as State constitutional prohibitions) beyond the control of the agency that justify such a waiver. ####
(6)Extension of repayment period for interest #####
(A)Extension permitted The Secretary shall extend the period for repayment of interest that was transferred in accordance with paragraph
(2)from 2 years to 5 years if the Secretary determines that— ######
(i)the cash flow of the Operating Fund will be negative as a result of repayment as required by paragraph (3); ######
(ii)the repayment of the interest transferred will substantially diminish the financial circumstances of the guaranty agency; and ######
(iii)the guaranty agency has demonstrated— ######
(I)that the agency is able to repay all transferred funds by the end of the 8th year following the date of establishment of the Operating Fund; and ######
(II)that the agency will be financially sound on the completion of repayment. #####
(B)Repayment of income on transferred funds All repayments made to the Federal Fund during the 6th, 7th, and 8th years following the establishment of the Operating Fund of interest that was transferred shall include the sums transferred plus any income earned from the investment of the sums transferred after the 5th year. ####
(7)Investment of federal funds Funds transferred from the Federal Fund to the Operating Fund for operating expenses shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities selected by the guaranty agency, with the approval of the Secretary. ####
(8)Special rule In calculating the minimum reserve level required by section 428(c)(9)(A), the Secretary shall include all amounts owed to the Federal Fund by the guaranty agency in the calculation.
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Sec. 422A
FEDERAL STUDENT LOAN RESERVE FUND
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