Page:United States Statutes at Large Volume 110 Part 4.djvu/438

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110 STAT. 3009-275 PUBLIC LAW 104-208—SEPT. 30, 1996 42 USC 233 note. Student Loan Marketing Association Reorganization Act of 1996. 20 USC 1001 note. has received, or is due to receive, a voluntary separation incentive payment under this section. For the purposes of this subsection, positions shall be counted on a full-time-equivalent basis. (2) ENFORCEMENT.— The President, through the Office of Management and Budget, shall monitor the agency and take any action necessary to ensure that the requirements of this subsection are met. (g) EFFECTIVE DATE. —This section shall take effect October 1, 1996. SEC. 521. CORRECTION OF EFFECTIVE DATE.— Effective on the day after the date of enactment of the Health Centers Consolidation Act of 1996, section 5 of that Act is amended by striking "October 1, 1997" and inserting "October 1, 1996". TITLE VI—REORGANIZATION AND PRIVATIZATION OF SALLIE MAE AND CONNIE LEE SEC. 601. SHORT TITLE. This title may be cited as the "Student Loan Marketing Association Reorganization Act of 1996". SEC. 602. REORGANIZATION OF THE STUDENT LOAN MARKETING ASSOCIATION THROUGH THE FORMATION OF A HOLDING COMPANY. (a) AMENDMENT.— Part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) is amended by inserting after section 439 (20 U.S.C. 1087-2) the following new section: 20 USC 1087-3. "SEC. 440. REORGANIZATION OF THE STUDENT LOAN MARKETING ASSOCIATION THROUGH THE FORMATION OF A HOLDING COMPANY. "(a) ACTIONS BY THE ASSOCIATION'S BOARD OF DIRECTORS.— The Board of Directors of the Association shall take or cause to be taken all such action as the Board of Directors deems necessary or appropriate to effect, upon the shareholder approval described in subsection (b), a restructuring of the common stock ownership of the Association, as set forth in a plan of reorganization adopted by the Board of Directors (the terms of which shall be consistent with this section) so that all of the outstanding common shares of the Association shall be directly owned by a Holding Company. Such actions may include, in the Board of Director's discretion, a merger of a wholly owned subsidiary of the Holding Company with and into the Association, which would have the effect provided in the plan of reorganization and the law of the jurisdiction in which such subsidiary is incorporated. As part of the restructuring, the Board of Directors may cause— "(1) the common shares of the Association to be converted, on the reorganization effective date, to common shares of the Holding Company on a one for one basis, consistent with applicsmle State or District of Columbia law; and "(2) Holding Company common shares to be registered with the Securities and Exchange Commission. "(b) SHAREHOLDER APPROVAL. — The plan of reorganization adopted by the Board of Directors pursuant to subsection (a) shall be submitted to common shareholders of the Association for their approval. The reorganization shall occur on the reorganization effective date, provided that the plan of reorganization has been