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54
HOUSE BILL
SENATE BILL
COMMENTS
I
withstanding any other provision of law, the reserve
1
withstanding any other provision of law, the reserve
2
funds of the guaranty agencies, and any assets pur-
2
funds of the guaranty agencies, and any assets pur-
3
chased with such reserve funds, regardless of who
3
chased with such reserve funds, regardless of who
4
holds or controls the reserves or assets, shall be con-
4
holds or controls the reserves or assets, shall be con-
5
sidered to be the property of the United States to
5
sidered to be the property of the United States to
6
be used in the operation of the program authorized
6
be used in the operation of the program authorized
7
by this part or the program authorized by part D of
7
by this part or the program authorized by part D of
8
this title. However, the Secretary may not require
8
this title. However, the Secretary may not require
9
the return of all of a guaranty agency reserve funds
9
the return of all reserve funds of a guaranty agency
10
to the Secretary unless he or she determines that
10
to the Secretary unless the Secretary determines
11
such return is essential to the operation of the pro-
11
that such return is in the best interest of the oper-
12
gram authorized by this part or the program author-
12
ation of the program authorized by this part or the
13
ized by part D of this title, or to ensure the orderly
13
program authorized by part D of this title, or to en-
14
termination of the guaranty agency's operations and
14
sure the proper maintenance of such agency's funds
38. The Senate bill, but not the House bill, allows the
15
15
the liquidation of its assets. The reserves shall be
or assets or the orderly termination of the guaranty
Secretary to require the return of all of the reserve funds of a
16
guaranty agency in order to ensure the proper maintenance of
16
maintained by each guaranty agency to pay program
agency's operations and the liquidation of its assets.
such agency's funds or assets.
17
17
expenses and contingent liabilities, as authorized by
The reserves shall be maintained by each guaranty
18
18
the Secretary, except that the Secretary may-
agency to pay program expenses and contingent 11-
19
19
"(A) direct a guaranty agency to return to
abilities, as authorized by the Secretary, except that
20
20
the Secretary a portion of its reserve fund
the Secretary may-
21
21
which the Secretary determines is unnecessary
"(A) direct a guaranty agency to return to
22
to pay the program expenses and contingent li-
22
the Secretary a portion of its reserve fund
23
abilities of the guaranty agency; and
23
which the Secretary determines is unnecessary
24
"(B) direct the guaranty agency to require
24
to pay the program expenses and contingent li-
25
abilities of the guaranty agency:
26
"(B) direct the guaranty agency to require
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