; or (B) has been sanctioned under subsection (b) or (c). (2) Treatment and availability of funds (A) Funds that are not government funds Funds obtained by or transferred to the Fund shall not be construed to be Government funds, appropriated monies, or Federal education assistance funds, as defined in section 102(b)(2)(B) (as added by section 101 of the Preventing Risky Operations from Threatening the Education and Career Trajectories of Students Act of 2019 ). (B) Amounts not subject to apportionment Notwithstanding any other provision of law, amounts in the Fund shall not be subject to apportionment for purposes of chapter 15 of title 31, United States Code, or under any other authority. (C) No fiscal year limitation Sums deposited in the Fund shall remain in the Fund and be available for expenditure under this subsection without fiscal year limitation. (h) State enforcement (1) In general (A) State cause of action A violation described in subparagraph (B) shall be a cause of action enforceable by a State, through the attorney general (or the equivalent thereof) of such State, in any district court of the United States in that State or in a State court that is located in that State and that has jurisdiction over the defendant. The State may seek any relief provided under paragraph (3) for such violation, including a civil penalty under subsection (c), or any remedies otherwise available under law. (B) Violations A violation described in this subparagraph is: (i) A substantial misrepresentation. (ii) A violation of section 487(a)(20). (iii) A violation of the default manipulation regulations promulgated by the Secretary under section 435(m)(3). (iv) A violation of the program integrity regulations promulgated by the Secretary under this Act, including regulations promulgated in section 102, section 455, and part H. (v) In accordance with section 455(h), any act or omission of the institution, third party servicer that contracts with such institution, or third party contractor, related to the making of the loan