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42 U.S.C. § 292j — Powers and responsibilities of Secretary

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 292j — Powers and responsibilities of Secretary

**(a) In general** 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 sections 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

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Stable record: federal_law:legal_authorities:record_usc_9534ef565b47d7daf94b91a9
Source file: Laws/federal/codes/united-states-code/title-42/section-292j-powers-and-responsibilities-of-secretary--105d290fee.md
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Source location: Title 42, Chapter 6A, § 292j; chapter-6a-public-health-service.md

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**(a) In general** 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 sections 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) Annual budget; accounts** 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 292i — Insurance account

**(a) In general** (1) **Establishment** — There is hereby established a student loan insurance account (in this section referred to as the “Account”) which shall be available without fiscal year limitation to the Secretary for making payments in connection with the collection and default of loans insured under this subpart by the Secretary. (2) **Funding** (A) Except as provided in subparagraph (B), all amounts received by the Secretary as premium charges for insurance and as receipts, earnings, or proceeds derived from any claim or other assets acquired by the Secretary in connection with his operations under this subpart, and any other moneys, property, or assets derived by the Secretary from the operations of the Secretary in connection with this section, shall be deposited in the Account. (B) With respect to amounts described in subparagraph (A) that are received by the Secretary for fiscal year 1993 and subsequent fiscal years, the Secretary may, before depositing such amounts in the Account, reserve from the amounts each such fiscal year not more than $1,000,000 for obligation under [section 292h(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section292h/d&num=0&edition=prelim). (3) **Expenditures** — All payments in connection with the default of loans insured by the Secretary under this subpart shall be paid from the Account. **(b) Contingent authority for issuance of notes or other obligations** If at any time the moneys in the Account are insufficient to make payments in connection with the collection or default of any loan insured by the Secretary under this subpart, the Secretary of the Treasury may lend the Account such amounts as may be necessary to make the payments involved, subject to the Federal Credit

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 294h — Repealed. Pub. L. 113–4, title V, § 501(b)(2), Mar. 7, 2013, 127 Stat. 101

### Statutory Notes Section, act July 1, 1944, ch. 373, title VII, § 758, as added Pub. L. 109–162, title V, § 503, Jan. 5, 2006, 119 Stat. 3024; amended Pub. L. 109–271, § 4(c), Aug. 12, 2006, 120 Stat. 758, provided for grants for interdisciplinary training and education on domestic violence and other types of violence and abuse. A prior section 294h, act July 1, 1944, ch. 373, title VII, § 735, as added Oct. 12, 1976, Pub. L. 94–484, title IV, § 401(b)(3), 90 Stat. 2263; amended Aug. 1, 1977, Pub. L. 95–83, title III, § 307(c)(5), 91 Stat. 390; Aug. 13, 1981, Pub. L. 97–35, title XXVII, § 2709(e)(4)(B), 95 Stat. 911; Nov. 16, 1990, Pub. L. 101–597, title IV, § 401(b)[(a)], 104 Stat. 3035, related to functions, powers, and duties of the Secretary under the Federal student loan insurance program, prior to the general amendment of this subchapter by Pub. L. 102–408. See [section 292j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section292j&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 292j — Powers and responsibilities of Secretary

Page 1000 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 292i A prior section 709 of act July 1, 1944, was classified to section 292i of this title prior to repeal by Pub. L. 97–35, title XXVII, § 2720(a), Aug. 13, 1981, 95 Stat. 915. AMENDMENTS 1998—Subsec. (b). Pub. L. 105–392 inserted ‘‘and’’ at end of par. (4)(B), substituted a period for ‘‘; and’’ at end of par. (5), and struck out par. (6) which read as fol- lows: ‘‘prepare and submit a report not later than March 31, 1993, and annually, thereafter, to the Com- mittee on Labor and Human Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives concerning— ‘‘(A) the default rates for each— ‘‘(i) institution described in section 292o(1) of this title that is participating in the loan programs under this subpart; ‘‘(ii) lender participating in the loan program under this subpart; and ‘‘(iii) loan holder under this subpart; ‘‘(B) the total amounts recovered pursuant to sec- tion 292f(b) of this title during the preceding fiscal year; and ‘‘(C) a plan for improving the extent of such recov- eries during the current fiscal year.’’ § 292i. Insurance account (a) In general (1) Establishment There is hereby established a student loan insurance account (in this section referred to as the ‘‘Account’’) which shall be available without fiscal year limitation to the Sec- retary for making payments in connection with the collection and default of loans in- sured under this subpart by the Secretary. (2) Funding (A) Except as provided in subparagraph (B), all amounts received by the Secretary as pre- mium charges for insurance and as receipts, earnings, or proceeds derived from any claim or other assets acquired by the Secretary in connection with his operations under

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 292j

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