§292j — Title 42 The Public Health and Welfare | U.S. Code

Summary

Gives the Secretary power to make rules and handle legal and financial matters needed to run the program. The Secretary can create regulations, enter into and change the terms of federal loan insurance contracts (covering repayment, interest, lender and borrower rights, and default), and agree to changes in insured loan papers such as interest rates or payment timing. The Secretary may enforce, settle, waive, or release claims, liens, or other rights, including equity or redemption rights. The Secretary can sue and be sued in any U.S. district court no matter the amount at issue, and lawsuits survive changes or vacancies in office. Courts may not issue attachment, injunction, garnishment, or similar orders against the Secretary or property he controls. This does not remove cases under this program from the rules in sections 517 and 547 of title 28. The Secretary must also prepare an annual budget program as required for wholly owned Government corporations by chapter 91 of title 31 and keep a complete set of accounts for the insurance activities.

Title 42, §292j

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In the performance of, and with respect to, the functions, powers, and duties vested in the Secretary by this subpart, the Secretary is authorized as follows:

(1)To prescribe such regulations as may be necessary to carry out the purposes of this subpart.

(2)To sue and be sued in any district court of the United States. Such district courts shall have jurisdiction of civil actions arising under this subpart without regard to the amount in controversy, and any action instituted under this subsection by or against the Secretary shall survive notwithstanding any change in the person occupying the office of Secretary or any vacancy in that office. No attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Secretary or property under the control of the Secretary. Nothing herein shall be constructed to except litigation arising out of activities under this subpart from the application of section 517 and 547 of title 28.

(3)To include in any contract for Federal loan insurance such terms, conditions, and covenants relating to repayment of principal and payments of interest, relating to his obligations and rights and to those of eligible lenders, and borrowers in case of default, and relating to such other matters as the Secretary determines to be necessary to assure that the purposes of this subpart will be achieved. Any term, condition, and covenant made pursuant to this paragraph or any other provisions of this subpart may be modified by the Secretary if the Secretary determines that modification is necessary to protect the financial interest of the United States.

(4)Subject to the specific limitations in the subpart, to consent to the modification of any note or other instrument evidencing a loan which has been insured by him under this subpart (including modifications with respect to the rate of interest, time of payment of any installment of principal and interest or any portion thereof, or any other provision).

(5)To enforce, pay, compromise, waive, or release any right, title, claim, lien, or demand, however acquired, including any equity or any right or 11 So in original. Probably should be “of”. redemption.

(b)The Secretary shall, with respect to the financial operations arising by reason of this subpart—

(1)prepare annually and submit a budget program as provided for wholly owned Government corporations by chapter 91 of title 31; and

(2)maintain with respect to insurance under this subpart an integral set of accounts.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (b)(1), “chapter 91 of title 31” was substituted for “the Government Corporation Control Act” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Prior Provisions

A prior section 292j, act

July 1, 1944, ch. 373, title VII, § 709, formerly § 710, as added Oct. 12, 1976, Pub. L. 94–484, title II, § 208, 90 Stat. 2252; renumbered § 709 and amended Aug. 13, 1981, Pub. L. 97–35, title XXVII, §§ 2720(b), 2721, 95 Stat. 915; Oct. 22, 1985, Pub. L. 99–129, title II, § 206, 99 Stat. 527, related to payment under grants, prior to the general revision of this subchapter by Pub. L. 102–408. Another prior section 292j, act

July 1, 1944, ch. 373, title VII, § 711, as added Sept. 24, 1963, Pub. L. 88–129, § 3(b), 77 Stat. 173; amended Nov. 18, 1971, Pub. L. 92–157, title I, § 102(k)(2)(A), 85 Stat. 437, provided for technical assistance in connection with grants for

Construction

of health research facilities, prior to repeal by Pub. L. 94–484, title II, § 201(a), Oct. 12, 1976, 90 Stat. 2246.

§292j Powers and Responsibilities of Secretary