Archived Information

Balanced Budget Act of 1997

Below you will find the sections of the Balanced Budget Act of 1997 that are relevant to education and to the HOPE Scholarship and Lifetime Learning Tax Credits. If you would like to view the entire law, it is available in portable document format (pdf). To read a pdf file you will need the Adobe Acrobat reader; if you do not have Acrobat, you can download a free copy from Adobe.

TITLE VI--EDUCATION AND RELATED PROVISIONS

                                                    SUBTITLE A--HIGHER EDUCATION         SEC. 6101. MANAGEMENT AND RECOVERY OF RESERVES.           (a) AMENDMENT- Section 422 of the Higher Education Act of 1965          (20 U.S.C. 1072) is amended by adding after subsection (g) the         following new subsection:           `(h) RECALL OF RESERVES; LIMITATIONS ON USE OF RESERVE FUNDS AND         ASSETS-               `(1) IN GENERAL- Notwithstanding any other provision of law,             the Secretary shall, except as otherwise provided in this             subsection, recall $1,000,000,000 from the reserve funds held              by guaranty agencies on September 1, 2002.               `(2) DEPOSIT- Funds recalled by the Secretary under this             subsection shall be deposited in the Treasury.               `(3) REQUIRED SHARE- The Secretary shall require each              guaranty agency to return reserve funds under paragraph (1)             based on the agency's required share of recalled reserve funds             held by guaranty agencies as of September 30, 1996. For              purposes of this paragraph, a guaranty agency's required share             of recalled reserve funds shall be determined as follows:                   `(A) The Secretary shall compute each guaranty agency's                 reserve ratio by dividing (i) the amount held in the                 agency's reserve funds as of September 30, 1996 (but                 reflecting later accounting or auditing adjustments                  approved by the Secretary), by (ii) the original principal                 amount of all loans for which the agency has an outstanding                 insurance obligation as of such date, including amounts of                 outstanding loans transferred to the agency from another                 guaranty agency.                   `(B) If the reserve ratio of any guaranty agency as                 computed under subparagraph (A) exceeds 2.0 percent, the                 agency's required share shall include so much of the                  amounts held in the agency's reserve funds as exceed a                 reserve ratio of 2.0 percent.                   `(C) If any additional amount is required to be recalled                 under paragraph (1) (after deducting the total of the                 required shares calculated under subparagraph (B)), such                 additional amount shall be obtained by imposing on each                 guaranty agency an equal percentage reduction in the amount                 of the agency's reserve funds remaining after deduction of                 the amount recalled under subparagraph (B), except that                  such percentage reduction under this subparagraph shall not                 result in the agency's reserve ratio being reduced below                 0.58 percent. The equal percentage reduction shall be the                 percentage obtained by dividing--                       `(i) the additional amount required to be recalled                     (after deducting the total of the required shares                     calculated under subparagraph (B)), by                       `(ii) the total amount of all such agencies' reserve                     funds remaining (after deduction of the required shares                     calculated under such subparagraph).                   `(D) If any additional amount is required to be recalled                 under paragraph (1) (after deducting the total of the                 required shares calculated under subparagraphs (B) and                  (C)), such additional amount shall be obtained by imposing                 on each guaranty agency with a reserve ratio (after                 deducting the required shares calculated under such                 subparagraphs) in excess of 0.58 percent an equal                  percentage reduction in the amount of the agency's reserve                 funds remaining (after such deduction) that exceed a                  reserve ratio of 0.58 percent. The equal percentage                 reduction shall be the percentage obtained by dividing--                       `(i) the additional amount to be recalled under                     paragraph (1) (after deducting the amount recalled                      under subparagraphs (B) and (C)), by                       `(ii) the total amount of all such agencies' reserve                     funds remaining (after deduction of the required shares                     calculated under such subparagraphs) that exceed a                     reserve ratio of 0.58 percent.               `(4) RESTRICTED ACCOUNTS REQUIRED-                    `(A) IN GENERAL- Within 90 days after the beginning of                 each of the fiscal years 1998 through 2002, each guaranty                 agency shall transfer a portion of the agency's required                 share determined under paragraph (3) to a restricted                  account established by the agency that is of a type                  selected by the agency with the approval of the Secretary.                 Funds transferred to such restricted accounts shall be                 invested in obligations issued or guaranteed by the United                 States or in other similarly low-risk securities.                   `(B) REQUIREMENT- A guaranty agency shall not use the                 funds in such a restricted account for any purpose without                 the express written permission of the Secretary, except                  that a guaranty agency may use the earnings from such                 restricted account for default reduction activities.                   `(C) INSTALLMENTS- In each of fiscal years 1998 through                 2002, each guaranty agency shall transfer the agency's                 required share to such restricted account in 5 equal annual                 installments, except that--                       `(i) a guaranty agency that has a reserve ratio (as                     computed under subparagraph (3)(A)) equal to or less                     than 1.10 percent may transfer the agency's required                     share to such account in 4 equal installments beginning                     in fiscal year 1999; and                       `(ii) a guaranty agency may transfer such required                     share to such account in accordance with such other                     payment schedules as are approved by the Secretary.               `(5) SHORTAGE- If, on September 1, 2002, the total amount in             the restricted accounts described in paragraph (4) is less than             the amount the Secretary is required to recall under paragraph             (1), the Secretary shall require the return of the amount of              the shortage from other reserve funds held by guaranty agencies             under procedures established by the Secretary. The Secretary             shall first attempt to obtain the amount of such shortage from             each guaranty agency that failed to transfer the agency's             required share to the agency's restricted account in accordance             with paragraph (4).               `(6) ENFORCEMENT-                    `(A) IN GENERAL- The Secretary may take such reasonable                 measures, and require such information, as may be necessary                 to ensure that guaranty agencies comply with the                 requirements of this subsection.                   `(B) PROHIBITION- If the Secretary determines that a                 guaranty agency has failed to transfer to a restricted                 account any portion of the agency's required share under                 this subsection, the agency may not receive any other funds                 under this part until the Secretary determines that the                 agency has so transferred the agency's required share.                   `(C) WAIVER- The Secretary may waive the requirements of                 subparagraph (B) for a guaranty agency described in such                 subparagraph if the Secretary determines that there are                 extenuating circumstances beyond the control of the agency                 that justify such waiver.               `(7) LIMITATION-                    `(A) RESTRICTION ON OTHER AUTHORITY- The Secretary shall                 not have any authority to direct a guaranty agency to                  return reserve funds under subsection (g)(1)(A) during the                 period from the date of enactment of the Balanced Budget                  Act of 1997 through September 30, 2002.                   `(B) USE OF TERMINATION COLLECTIONS- Any reserve funds                 directed by the Secretary to be returned to the Secretary                 under subsection (g)(1)(B) during such period that do not                 exceed a guaranty agency's required share of recalled                 reserve funds under paragraph (3)--                       `(i) shall be used to satisfy the agency's required                     share of recalled reserve funds; and                       `(ii) shall be deposited in the restricted account                     established by the agency under paragraph (4), without                     regard to whether such funds exceed the next                      installment required under such paragraph.                   `(C) USE OF SANCTIONS COLLECTIONS- Any reserve funds                 directed by the Secretary to be returned to the Secretary                 under subsection (g)(1)(C) during such period that do not                 exceed a guaranty agency's next installment under paragraph                 (4)--                       `(i) shall be used to satisfy the agency's next                     installment; and                       `(ii) shall be deposited in the restricted account                     established by the agency under paragraph (4).                   `(D) BALANCE AVAILABLE TO SECRETARY- Any reserve funds                 directed by the Secretary to be returned to the Secretary                 under subparagraph (B) or (C) of subsection (g)(1) that                 remain after satisfaction of the requirements of                 subparagraphs (B) and (C) of this paragraph shall be                 deposited in the Treasury.               `(8) DEFINITIONS- For the purposes of this subsection:                   `(A) DEFAULT REDUCTION ACTIVITIES- The term `default                 reduction activities' means activities to reduce student                 loan defaults that improve, strengthen, and expand default                 prevention activities, such as--                       `(i) establishing a program of partial loan                     cancellation to reward disadvantaged borrowers for good                     repayment histories with their lenders;                       `(ii) establishing a financial and debt management                     counseling program for high-risk borrowers that                      provides long-term training (beginning prior to the                     first disbursement of the borrower's first student loan                     and continuing through the completion of the borrower's                     program of education or training) in budgeting and                      other aspects of financial management, including debt                     management;                       `(iii) establishing a program of placement counseling                     to assist high-risk borrowers in identifying employment                     or additional training opportunities; and                       `(iv) developing public service announcements that                     would detail consequences of student loan default and                     provide information regarding a toll-free telephone                     number established by the guaranty agency for use by                     borrowers seeking assistance in avoiding default.                   `(B) RESERVE FUNDS- The term `reserve funds' when used                 with respect to a guaranty agency--                       `(i) includes any reserve funds in cash or liquid                     assets held by the guaranty agency, or held by, or                      under the control of, any other entity; and                       `(ii) does not include buildings, equipment, or other                     nonliquid assets.'.           (b) CONFORMING AMENDMENT- Section 428(c)(9)(A) of the Higher         Education Act of 1965 (20 U.S.C. 1078(c)(9)(A)) is amended--               (1) in the first sentence, by striking `for the fiscal year              of the agency that begins in 1993'; and               (2) by striking the third sentence.         SEC. 6102. REPEAL OF DIRECT LOAN ORIGINATION FEES TO INSTITUTIONS                            OF HIGHER EDUCATION.           Section 452 of the Higher Education Act of 1965 (20 U.S.C. 1087b)         is amended--               (1) by striking subsection (b); and               (2) by redesignating subsections (c) and (d) as subsections             (b) and (c), respectively.         SEC. 6103. FUNDS FOR ADMINISTRATIVE EXPENSES.           Subsection (a) of section 458 of the Higher Education Act of 1965         (20 U.S.C. 1087h(a)) is amended to read as follows:           `(a) ADMINISTRATIVE EXPENSES-                `(1) IN GENERAL- Each fiscal year, there shall be available              to the Secretary from funds not otherwise appropriated, funds              to be obligated for--                   `(A) administrative costs under this part and part B,                 including the costs of the direct student loan programs                 under this part, and                   `(B) administrative cost allowances payable to guaranty                 agencies under part B and calculated in accordance with                 paragraph (2),             not to exceed (from such funds not otherwise appropriated)             $532,000,000 in fiscal year 1998, $610,000,000 in fiscal year             1999, $705,000,000 in fiscal year 2000, $750,000,000 in fiscal             year 2001, and $750,000,000 in fiscal year 2002. Administrative             cost allowances under subparagraph (B) of this paragraph shall             be paid quarterly and used in accordance with section 428(f).             The Secretary may carry over funds available under this section             to a subsequent fiscal year.               `(2) CALCULATION BASIS- Administrative cost allowances              payable to guaranty agencies under paragraph (1)(B) shall be             calculated on the basis of 0.85 percent of the total principal             amount of loans upon which insurance was issued in excess of             $8,200,000,000 in fiscal year 1997 and upon which insurance is             issued on or after October 1, 1997, except that such allowances             shall not exceed--                   `(A) $170,000,000 for each of the fiscal years 1998 and                 1999; or                   `(B) $150,000,000 for each of the fiscal years 2000,                  2001, and 2002.'.         SEC. 6104. EXTENSION OF STUDENT AID PROGRAMS.           Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et         seq.) is amended--               (1) in section 424(a), by striking `1998.' and `2002.' and             inserting `2002.' and `2006.', respectively;               (2) in section 428(a)(5), by striking `1998,' and `2002.' and             inserting `2002,' and `2006.', respectively; and               (3) in section 428C(e), by striking `1998.' and inserting             `2002.'.              SUBTITLE B--REPEAL OF SMITH-HUGHES VOCATIONAL EDUCATION ACT         SEC. 6201. REPEAL OF SMITH-HUGHES VOCATIONAL EDUCATION ACT.           The Act of February 23, 1917 (39 Stat. 929, chapter 114; 20          U.S.C. 11 et seq.) (commonly known as the `Smith-Hughes Vocational         Education Act'), is repealed. 


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