22 U.S.C. § 9623 — Payment of losses

(a) Payments for defaults on guaranteed loans
(1) In general If the Corporation determines that the holder of a loan guaranteed by the Corporation suffers a loss as a result of a default by a borrower on the loan, the Corporation must pay to the holder the percent of the loss, as specified in the guaranty contract, after the holder of the loan has made such further collection efforts and instituted such enforcement proceedings as the Corporation can require.
(2) Subrogation Upon making a payment described in paragraph (1), the Corporation must ensure the Corporation will be subrogated to all the rights of the recipient of the payment.
(3) Recovery efforts The Corporation must pursue recovery from the borrower of the amount of any payment made under paragraph
(1) about the loan.

(b) Limitation on payments
(1) In general Except as provided by paragraph (2), compensation for insurance, reinsurance, or a guaranty issued under this subchapter must not exceed the dollar value of the tangible or intangible contributions or commitments made in the project, plus interest, earnings, or profits actually accrued on such contributions or commitments, to the extent provided by such insurance, reinsurance, or guaranty.
(2) Exception
(A) In general The Corporation can provide that—
(i) appropriate adjustments in the insured dollar value be made to reflect the replacement cost of project assets; and
(ii) compensation for a claim of loss under insurance of an equity investment under section 9621 of this title can be computed on the basis of the net book value attributable to the equity investment on the date of loss.
(3) Additional limitation
(A) In general despite paragraph (2)(A)(ii) and except as provided in subparagraph (B), the Corporation must limit the amount of direct insurance and reinsurance issued under section 9621 of this title about a project so as to require that the insured and its affiliates bear the risk of loss for at least 10 percent of the amount of the Corporation’s exposure to that insured and its affiliates in the project.
(B) Exception The limitation under subparagraph
(A) must not apply to direct insurance or reinsurance of loans provided by banks or other financial institutions to unrelated parties.

(c) Actions by Attorney General The Attorney General must take such action as can be appropriate to enforce any right accruing to the United States as a result of the issuance of any loan or guaranty under this subchapter.

(d) Rule of construction Nothing in this section must be construed to preclude any forbearance for the benefit of a borrower that can be agreed upon by the parties to a loan guaranteed by the Corporation if budget authority for any resulting costs to the United States Government (as defined in section 661a of title 2 ) is available.