US Code

Public Law 119-83 (04/13/2026)

46 U.S.C. § 53712

Monitoring financial condition and operations of obligor

(a)

In General .—

The Secretary or Administrator shall monitor the financial condition and operations of the obligor on a regular basis during the term of the guarantee. The Secretary or Administrator shall document the results of the monitoring on an annual or quarterly basis depending on the condition of the obligor. If the Secretary or Administrator determines that the financial condition of the obligor warrants additional protections to the Secretary or Administrator, the Secretary or Administrator shall take appropriate action under subsection (b). If the Secretary or Administrator determines that the financial condition of the obligor jeopardizes its continued ability to perform its responsibilities in connection with the guarantee of an obligation by the Secretary or Administrator, the Secretary or Administrator shall make an immediate determination whether default should take place and whether further measures described in subsection (b) should be taken to protect the interests of the Secretary or Administrator while ensuring that program objectives are met.
(b)

Contract Provisions To Protect Secretary or Administrator .—

section 53707(d) of this titleThe Secretary or Administrator shall include provisions in a loan agreement with an obligor that provides additional authority to the Secretary or Administrator to take action to limit potential losses in connection with a defaulted loan or a loan that is in jeopardy due to the deteriorating financial condition of the obligor. If the Secretary or Administrator has waived a requirement under , the loan agreement shall include requirements for additional payments, collateral, or equity contributions to meet the waived requirement upon the occurrence of verifiable conditions indicating that the obligor’s financial condition enables the obligor to meet the waived requirement.

Pub. L. 109–304, § 8(c)120 Stat. 1612 Pub. L. 109–163, div. C, title XXXV, § 3507(a)(1)(D)119 Stat. 3555 Pub. L. 110–181, div. C, title XXXV, § 3522(a)(6)122 Stat. 598 (, , ; , (b)(6), , , 3556; , (10)(B), (b), , .)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

53712(a)

46 App.:1274(k).

June 29, 1936, ch. 858, title XI, § 1104A(k), (m), as added Pub. L. 108–136, title XXXV, § 3523, Nov. 24, 2003, 117 Stat. 1800.

53712(b)

46 App.:1274(m).

Editorial Notes

Amendments

Pub. L. 110–181, § 3522(b)Pub. L. 109–163, § 3507(a)(1)(D)2008—, repealed , (b)(6). See 2006 Amendment note below.

Pub. L. 110–181, § 3522(a)(6)Pub. L. 109–163, § 3507(a)(1)(D)section 53707(d) of this titlesection 18(a) of Pub. L. 109–304section 101 of this title, (10)(B), incorporated the substance of the amendment by , (b)(6), into this section by inserting “or Administrator” after “Secretary” wherever appearing and substituting “If the Secretary or Administrator has waived a requirement under , the loan agreement shall include requirements for additional payments, collateral, or equity contributions to meet the waived requirement upon the occurrence of verifiable conditions indicating that the obligor’s financial condition enables the obligor to meet the waived requirement.” for “These provisions include requirements for additional collateral or greater equity contributions that are effective upon the occurrence of verifiable conditions relating to the obligor’s financial condition or the status of the vessel or shipyard project.” See 2006 Amendment note below and , set out as a Legislative Purpose and Construction note preceding .

Pub. L. 109–163, § 3507(a)(1)(D)Pub. L. 110–181, § 3522(b)2006—, (b)(6), which directed the amendment of section 1274(k), (m) of the former Appendix to this title from which this section was derived, was repealed by . See 2008 Amendment notes and Historical and Revision notes above.