120 STAT. 1618
PUBLIC LAW 109–304—OCT. 6, 2006 ‘‘(c)
ASSUMPTION OF RIGHTS AND OBLIGATIONS BEFORE DEMAND.—An obligee or the obligee’s agent may not demand payment under this section if the Secretary, before the demand and on terms that may be provided in the obligation or a related agreement, has assumed the obligor’s rights and duties under the obligation and any related agreement and made any payment in default. However, the guarantee of the obligation remains in effect after the Secretary’s assumption. ‘‘§ 53722. Actions by Secretary ‘‘(a) GENERAL AUTHORITY.—On default under an obligation or related agreement between the Secretary and the obligor, the Secretary, on terms that may be provided in the obligation or agreement, may— ‘‘(1) assume the obligor’s rights and duties under the obligation or agreement, make any payment in default, and notify the obligee or the obligee’s agent of the default and the Secretary’s assumption; or ‘‘(2) notify the obligee or the obligee’s agent of the default. ‘‘(b) DEMANDS BY OBLIGEES.— ‘‘(1) DEMAND.—If the Secretary proceeds under subsection (a)(2), the obligee or the obligee’s agent may demand that the Secretary pay the unpaid principal amount of the obligation and the unpaid interest on the obligation. The demand must be made within the earlier of— ‘‘(A) a period that may be specified in the guarantee or a related agreement; or ‘‘(B) 60 days from the date of the Secretary’s notice. ‘‘(2) PAYMENT.—If a demand is made under paragraph (1), the Secretary shall pay to the obligee or the obligee’s agent the unpaid principal amount of the obligation and the unpaid interest on the obligation to the date of payment. Payment shall be made within the earlier of— ‘‘(A) a period that may be specified in the guarantee or a related agreement; or ‘‘(B) 30 days from the date of the demand. ‘‘(c) CONTINUED EFFECT OF GUARANTEE.—A guarantee of an obligation remains in effect after an assumption of the obligation by the Secretary. ‘‘(d) ADDITIONAL RESPONSES.—If there is a default on an obligation, the Secretary shall conduct operations under this chapter in a manner that— ‘‘(1) maximizes the net present value return from the sale or disposition of assets associated with the obligation, including prompt referral to the Attorney General for collection as appropriate; ‘‘(2) minimizes the amount of any loss realized in the resolution of the guarantee; ‘‘(3) ensures adequate competition and fair and consistent treatment of offerors; and ‘‘(4) requires appraisal of assets by an independent appraiser. ‘‘§ 53723. Payments by Secretary and issuance of obligations ‘‘(a) CASH PAYMENT.—Amounts required to be paid by the Secretary under section 53721 or 53722 of this title shall be paid in cash.
VerDate 14-DEC-2004
13:05 Jul 12, 2007
Jkt 059194
PO 00002
Frm 00362
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.109
APPS06
PsN: PUBL002
�
