Page:United States Statutes at Large Volume 100 Part 2.djvu/304

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 1406

PUBLIC LAW 99-498—OCT. 17, 1986

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"(i) if such review is waived; or "(ii) if such review is not waived, unless the Secretary determines that the limitation, suspension, or termination was not imposed in accordance with requirements of such section. "(B) The Secretary shall not lift any such disqualification until the Secretary is satisfied that the lender has corrected the failures which led to the limitation, suspension, or termination, and finds that there are reasonable assurances that the lender will, in the future, comply with the requirements of this part. The Secretary shall notify each guaranty agency of the lifting of any such disqualification. "(3) REVIEW OF SANCTIONS ON ELIGIBLE INSTITUTIONS.—(A)

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The

Secretary shall, in accordance with sections 556 and 557 of title 5, United States Code, review each limitation, suspension, or termination imposed by any guaranty agency pursuant to section 428(b)(l)(T) within 60 days after receipt by the Secretary of a notice from the guaranty agency of the imposition of such limitation, suspension, or termination, unless the right to such review is waived in writing by the institution. The Secretary shall disqualify such institution from participation in the student loan insurance program of each of the guaranty agencies under this part, and notify such guaranty agencies of such disqualification— "(i) if such review is waived; or •" "(ii) if such review is not waived, unless the Secretary c determines that the limitation, suspension, or termination was not imposed in accordance with requirements of such f'rf? section. "(B) The Secretary shall not lift any such disqualification until the Secretary is satisfied that the institution has corrected the failures which led to the limitation, suspension, or termination, and finds that there are reasonable assurances that the institution will, in the future, comply with the requirements of this part. The Secretary shall notify each guaranty agency of the lifting of any such disqualification. "(i) AUTHORITY TO SELL DEFAULTED LOANS.—In the event that all other collection efforts have failed, the Secretary is authorized to sell defaulted student loans assigned to the United States under this part to collection agencies, eligible lenders, guaranty agencies, or other qualified purchaser on such terms as the Secretary determines are in the best financial interests of the United States. A loan may not be sold pursuant to this subsection if such loan is in repayment status. "STUDENT LOAN INFORMATION BY ELIGIBLE LENDERS

20 USC 1083.

"SEC. 433. (a) REQUIRED DISCLOSURE BEFORE DISBURSEMENT.—Each

eligible lender shall, at or prior to the time such lender disburses a loan which is insured or guaranteed under this part, provide thorough and accurate loan information on such loan to the borrower. Any disclosure required by this subsection may be made by an eligible lender as part of the written application material provided to the borrower, or as part of the promissory note evidencing the loan, or on a separate written form provided to the borrower. The disclosure shall include— "(1) the name of the eligible lender, and the address to which communications and payments should be sent;