Page:United States Statutes at Large Volume 112 Part 2.djvu/794

 112 STAT. 1678 PUBLIC LAW 105-244—OCT. 7, 1998 "(5) amounts remaining pursuant to section 428(c)(6)(B) from collection on defaulted loans held by the agency, after payment of the Secretary's equitable share, excluding amounts deposited in the Federal Fund pursuant to section 422A(c)(2); and "(6) other receipts as specified in regulations of the Secretary. " (d) USES OF FUNDS. — "(1) IN GENERAL.—Funds in the Operating Fund shall be used for application processing, loan disbursement, enrollment and repayment status management, default aversion activities (including those described in section 422(h)(8)), default collection activities, school and lender training, financial aid awareness and related outreach activities, compliance monitoring, and other student financial aid related activities, as selected by the guaranty agency. "(2) SPECIAL RULE.—The guaranty agency may, in the agency's discretion, transfer funds from the Operating Fund to the Federal Fund for use pursuant to section 422A Such transfer shall be irrevocable, and any funds so transferred shall become the sole property of the United States. "(3) DEFINITIONS. —For purposes of this subsection: "(A) DEFAULT COLLECTION ACTIVITIES. —The term 'default collection activities' means activities of a guaranty agency that are directly related to the collection of the lo£m on which a default claim has been paid to the participating lender, including the due diligence activities required pursuant to regulations of the Secretary. "(B) DEFAULT AVERSION ACTIVITIES.— The term 'default aversion activities' means activities of a guaranty agency that are directly related to providing collection assistance to the lender on a delinquent loan, prior to the loan's being legally in a default status, including due diligence activities required pursuant to regulations of the Secretary. " (C) ENROLLMENT AND REPAYMENT STATUS MANAGE- MENT.—The term 'enrollment and repa3rment status management' means activities of a guaranty agency that are directly related to ascertaining the student's enrollment status, including prompt notification to the lender of such status, an audit of the note or written agreement to determine if the provisions of that note or agreement are consistent with the records of the guaranty agency as to the principal amount of the loan guaranteed, and an examination of the note or agreement to assure that the repayment provisions are consistent with the provisions of this part. " (e) OWNERSHIP AND REGULATION OF OPERATING FUND. — "(1) OWNERSHIP. —The Operating Fund, with the exception of funds transferred from the Federal Fund in accordance with section 422A(f), shall be considered to be the property of the guaranty agency. "(2) REGULATION. — Except as provided in paragraph (3), the Secretary may not regulate the uses or expenditure of moneys in the Operating Fund, but the Secretary may require such necessary reports and audits as provided in section 428(b)(2).

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