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53 HOUSE BILL SENATE BILL COMMENTS 1 (d) STUDENT LOAN MARKETING ASSOCIATION.- I (d) STUDENT LOAN MARKETING ASSOCIATION.- 2 Section 439(q) of the Act is amended— 2 Section 439(q) of the Act (20 U.S.C. 1087-2(q)) is 3 (1) in paragraph (1)(A)- 3 amended— (A) in the first sentence, by striking "the 4 4 (1) in paragraph (1)(A)- 5 Association or its designated agency may begin 5 (A) in the first sentence, by striking "the 6 making loans" and inserting "the Association 6 Association or its designated agent may begin 7 or its designated agent shall, subject to the lim- 7 making loans" and inserting "the Association 8 itations in section 428(j)(3), begin making 8 or its designated agent shall, not later than 37. Both the House and the Senate bills require Sallie Mae to make lender-of-last-resort loans. The House bill stipulates 9 loans to such eligible borrowers"; and 9 July 1, 1994, begin making loans to such eligi- that Sallie Mae does not have to make these loans to 10 institutions with high default rates, institutions that have ble borrowers"; and participated in part B less than 18 months, or institutions 10 (B) by striking the second sentence; 11 (B) by striking the second sentence; currently subject to an emergency action or an L,S or T 11 proceeding. The Senate bill does not include these (2) in paragraph (2)(A), by striking "the Asso- 12 (2) in paragraph (2)(A), by striking "the Asso- exceptions and stipulates that Sallie Mae must begin making 12 ciation or its designated agent may" and inserting 13 these loans by no later than July 1, 1994. ciation or its designated agent may" and inserting 13 "the Association or its designated agent shall, sub- 14 "the Association or its designated agent shall. not 14 ject to the limitations in section 428(j)(3),"; and 15 later than July 1, 1994,"; and 15 (3) in paragraph (3), by striking "that-" 16 (3) in paragraph (3), by striking all beginning 16 through the end thereof and inserting the following: 17 with "that-" through the period at the end of sub- 17 "that the conditions that caused the implementation 18 paragraph (B) and inserting "that the conditions 18 of this subsection have ceased to exist.". 19 that caused the implementation of this subsection 19 SEC. 4022. GUARANTY AGENCY RESERVES. 20 have ceased to exist.". 20 Section 422 of the Act is amended by adding at the 21 SEC. 12042. GUARANTY AGENCY RESERVES. 21 end thereof the following new subsection: 22 Section 422 of the Act (20 U.S.C. 1072) is amended 22 "ig) PRESERVATION OF GUARANTY AGENCY RE- 23 by adding at the end the following new subsection: 23 SERVES.- 24 "(g) PRESERVATION OF GUARANTY AGENCY RE- 24 "(1) AUTHORITY TO RECOVER FUNDS.-Not- 25 SERVES.- 26 "(1) AUTHORITY TO RECOVER FUNDS.-Not-

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