Page:United States Statutes at Large Volume 110 Part 4.djvu/445

This page needs to be proofread.

PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-282 of the Association or the Holding Company deems appropriate. "(3) USE OF SALLIE MAE NAME.— Subject to paragraph (2), the Association may assign to the Holding Company, or any subsidiary of the Holding Company, the 'Sallie Mae' name as a trademark or service mark, except that neither the Holding Company nor any subsidiary of the Holding Company (other than the Association or any subsidiary of the Association) may use the 'Sallie Mae' name on, or to identify the issuer of, any debt obligation or other security offered or sold by the Holding Company or any subsidiary of the Holding Company (other than a debt obligation or other security issued to and held by the Holding Company or any subsidiary of the Holding Company). The Association shall remit to the account established under section 3(e) of the Student Loan Marketing Association Reorganization Act of 1996, $5,000,000, within 60 days of the reorganization effective date as compensation for the right to assign the 'Sallie Mae' name as a trademark or service mark. "(4) DISCLOSURE REQUIRED.— Until 3 years after the dissolution date, the Holding Company, and any subsidiary of the Holding Company (other than the Association), shall prominently display— "(A) in any document offering the Holding Company's securities, a statement that the obligations of the Holding Company and any subsidiary of the Holding Company are not guaranteed by the full faith and credit of the United States; and "(B) in any advertisement or promotional materials which use the 'Sallie Mae' name or mark, a statement that neither the Holding Company nor any subsidiary of the Holding Company is a government-sponsored enterprise or instrumentality of the United States. "(f) STRICT CONSTRUCTION.— Except as specifically set forth in this section, nothing in this section shall be construed to limit the authority of the Association as a federally chartered corporation, or of the Holding Company as a State or District of Columbia chartered corporation. "(g) RIGHT TO ENFORCE.— The Secretary of Education or the Secretary of the Treasury, as appropriate, may request that the Attorney CJeneral bring an action in the United States District Court for the District of Columbia for the enforcement of any provision of this section, or may, under the direction or control of the Attorney General, bring such an action. Such court shall have jurisdiction and power to order and require compliance with this section. " (h) DEADLINE FOR REORGANIZATION EFFECTIVE DATE.— This section shall be of no further force and effect in the event that the reorganization effective date does not occur on or before 18 months after the date of enactment of this section. "(i) DEFINITIONS. —For purposes of this section: "(1) ASSOCIATION.—The term 'Association' means the Student Loan Marketing Association. "(2) DISSOLUTION DATE. — The term 'dissolution date' means September 30, 2008, or such earlier date as the Secretary of Education permits the transfer of remaining obligations in accordance with subsection (d).