19 U.S.C. § 2347 | Administration of financial assistance

(a)

Powers of Secretary

section 2344 of this titleIn making and administering guarantees and loans under , the Secretary may—

(1)

require security for any such guarantee or loan, and enforce, waive, or subordinate such security;

(2)

assign or sell at public or private sale, or otherwise dispose of, upon such terms and conditions and for such consideration as he shall determine to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by him in connection with such guarantees or loans, and collect, compromise, and obtain deficiency judgments with respect to all obligations assigned to or held by him in connection with such guarantees or loans until such time as such obligations may be referred to the Attorney General for suit or collection;

(3)

renovate, improve, modernize, complete, insure, rent, sell, or otherwise deal with, upon such terms and conditions and for such consideration as he shall determine to be reasonable, any real or personal property conveyed to or otherwise acquired by him in connection with such guarantees or loans;

(4)

acquire, hold, transfer, release, or convey any real or personal property or any interest therein whenever deemed necessary or appropriate, and execute all legal documents for such purposes; and

(5)

section 2344 of this title exercise all such other powers and take all such other acts as may be necessary or incidental to the carrying out of functions pursuant to .

(b)

Recordation of mortgages

Any mortgage acquired as security under subsection (a) shall be recorded under applicable State law.

(c)

Availability of receipts for financing functions

All repayments of loans, payments of interest, and other receipts arising out of transactions entered into by the Secretary pursuant to this part, shall be available for financing functions performed under this part, including administrative expenses in connection with such functions.

(d)

Privileged or confidential information

section 552b(c)(4) of title 5To the extent the Secretary deems it appropriate, and consistent with the provisions of section 552(b)(4) and , that portion of any record, material or data received by the Secretary in connection with any application for financial assistance under this part which contains trade secrets or commercial or financial information regarding the operation or competitive position of any business shall be deemed to be privileged or confidential within the meaning of those provisions.

(e)

Capital assets secured by first lien; exceptions

Direct loans made, or loans guaranteed, under this part for the acquisition or development of real property or other capital assets shall ordinarily be secured by a first lien on the assets to be financed and shall be fully amortized. To the extent that the Secretary finds that exceptions to these standards are necessary to achieve the objectives of this part, he shall develop appropriate criteria for the protection of the interests of the United States.

Pub. L. 93–618, title II, § 257Jan. 3, 197588 Stat. 2033 Pub. L. 97–35, title XXV, § 2525Aug. 13, 198195 Stat. 892(, , ; , , .)

Termination of Assistance

June 30, 2022For termination of assistance under this part after , see Termination Date note below.

Editorial Notes

Codification

July 1, 2021Jan. 1, 2014Section reflects the , reversion to provisions in effect on . See Effective and Termination Dates note below.

Amendments

Pub. L. 97–351981—Subsecs. (d), (e). added subsecs. (d) and (e).

Statutory Notes and Related Subsidiaries

Effective Date of 1981 Amendment

Pub. L. 97–35Aug. 13, 1981section 2529 of Pub. L. 97–35 section 2343 of this titleAmendment by effective , except as otherwise provided with respect to applications for adjustment assistance, see , set out as a note under .

Termination Date

June 30, 2022section 285 of Pub. L. 93–618 section 406(a)(7) of Pub. L. 114–27 section 2271 of this titleExcept as otherwise provided, technical assistance and grants may not be provided under this part after , see , as modified by , set out as notes preceding .

Deposit of Receipts From Transactions Under This Part Into Economic Development Revolving Fund

Pub. L. 100–202, § 101(a) [title I, § 106]Dec. 22, 1987101 Stat. 1329

19 U.S.C. 2347(c)42 U.S.C. 3143 19 U.S.C. 2341October 1, 1987Provided19 U.S.C. 2101 42 U.S.C. 3121Provided furtherOctober 1, 1987“Notwithstanding any other provision of law, including section 257(c) of the Trade Act of 1974, as amended [], and section 203 of the Public Works and Economic Development Act of 1965, as amended [], principal and interest repayments from loans, proceeds from the sale of loan assets or collateral, and other receipts arising out of transactions entered into pursuant to title II, chapter 3 of the Trade Act of 1974 [ et seq.] shall be deposited into the economic development revolving fund established under section 203 of the Public Works and Economic Development Act of 1965 beginning : , That payments of obligations in connection with loans guaranteed under the authority of the Trade Act of 1974 [ et seq.] or the Public Works and Economic Development Act of 1965 [ et seq.], and any related expenses, shall be made from funds available in the economic development revolving fund: , That deposits to the economic development revolving fund of amounts appropriated for, or received in connection with, activities authorized under the Trade Act of 1974, made prior to , shall be deemed valid deposits.”

, , , 1329–7, provided that: