Page:United States Statutes at Large Volume 106 Part 1.djvu/556

 106 STAT. 524 PUBLIC LAW 102-325—JULY 23, 1992 (2) ADDITIONAL REVIEW OF EXCEPTIONAL PERFORMANCE PRO- 20 USC 1078. HIBITED. —Section 428(c)(1) is amended by adding at the end the following new subparagraph: "(D) Reimbursements of losses made by the Secretary on loans submitted for claim by an eligible lender, servicer, or guaranty agency designated for exceptional performance xmder section 4281 shall not be subject to additional review by the Secretary or repurchase by the guaranty agency for any reason other than a determination by the Secretary that the eligible lender, servicer, or guaranty agency engaged in fraud or other purposeful misconduct in obtaining designation for exceptional performance.". (3) CONTENTS OF GUARANTY AGREEMENTS. —Section 428(c)(2) of the Act is amended— (A) by striking "and" at the end of subparagraph (F); (B) by redesignating subparagraph (G) as subparagraph (I); and (C) by inserting after subparagraph (F) the following new subparagraphs: "(G) shall prohibit the Secretary from making any reimbursement under this subsection to a guaranty agency when a default claim is based on an inability to locate the borrower, unless the guaranty agency, at the time of filing for reimbursement, demonstrates to the Secretary that diligent attempts have been made to locate the borrower through the use of reasonable skip-tracing techniques in accordance with regulations prescribed by the Secretary; and "(H) set forth assurances that— "(i) upon the request of an eligible institution, the guaranty agency shall, subject to clauses (ii) and (iii), fiimish to the institution information with respect to students (including the names and addresses of such students) who received loans made, insured, or guaranteed under this part for attendance at the eligible institution and for whom preclaims assistance activities have been requested under subsection (1); "(ii) the guaranty agency may require the payment by the institution of a reasonable fee (as determined in accordance with regulations prescribed by the Secretary) for such information; and "(iii) the guaranty agency will require the institution to use such information only to assist the institution in reminding students of their obligation to repay student loans and shall prohibit the institution from disseminating the information for any other purpose.". (4) FORBEARANCE. —Section 428(c)(3) of the Act is amended— (A) by striking "and" at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting "; and"; (C) by inserting after subparagraph (B) the following new subparagraph: "(C) shall contain provisions that specify that the form of forbearance granted by the lender for purposes of this paragraph shall be the temporary cessation of payments, unless the borrower selects forbearance in the form of

�