Page:United States Statutes at Large Volume 122.djvu/3810

 12 2 STA T .378 7 PUBLIC LA W 11 0– 3 4 3 —O CT. 3 , 2008 bed ee m ed ap p ro pr i a t edatt h etimeo fsuc he x pe n diture or ob l i g a - tion .SEC.1 1 9 . JUDI CI ALR E V IE W A N D RELA T ED M ATTERS. ( a )JUDIC I ALREV IE W . — ( 1 ) ST A N DA R D.— A ctions b y the Secretary pursuant to the authority of this Act shall be sub j ect to chapter 7 of title 5,U nited States C ode, including that such final actions shall be held unla w ful and set aside if found to be arbitrary, capri- cious, an abuse of discretion, or not in accordance with law. ( 2 ) L I M ITATI O N S ONE Q UITA B LE RELIE F .— (A) I N J UNCTION.— N o injunction or other form of e q ui- table relief shall be issued against the Secretary for actions pursuant to section 1 0 1, 102, 10 6, and10 9, other than to remedy a v iolation of the Constitution. ( B ) T EM P ORAR Y RESTRAININ G ORDER.—Any request for a temporary restraining order against the Secretary for actions pursuant to this Act shall be considered and granted or denied by the court within 3 days of the date of the request. (C) P RELIMINARY INJUNCTION.—Any request for a preliminary injunction against the Secretary for actions pursuant to this Act shall be considered and granted or denied by the court on an expedited basis consistent with the provisions of rule 65(b)(3) of the F ederal Rules of Civil Procedure, or any successor thereto. ( D ) PERMANENT INJUNCTION.—Any request for a permanent injunction against the Secretary for actions pursuant to this Act shall be considered and granted or denied by the court on an expedited basis. W henever pos- sible, the court shall consolidate trial on the merits with any hearing on a request for a preliminary injunction, consistent with the provisions of rule 65(a)(2) of the Federal Rules of Civil Procedure, or any successor thereto. (3) LIMITATION ON ACTIONS BY PARTICIPATING COMPANIES.— No action or claims may be brought against the Secretary by any person that divests its assets with respect to its partici- pation in a program under this Act, except as provided in paragraph (1), other than as expressly provided in a written contract with the Secretary. ( 4 ) STAYS.—Any injunction or other form of equitable relief issued against the Secretary for actions pursuant to section 101, 102, 106, and 109, shall be automatically stayed. The stay shall be lifted unless the Secretary see k s a stay from a higher court within 3 calendar days after the date on which the relief is issued. (b) RELATED M ATTERS.— (1) TREATMENT OF H OMEOWNERS ’ RIGHTS.—The terms of any residential mortgage loan that is part of any purchase by the Secretary under this Act shall remain subject to all claims and defenses that would otherwise apply, notwith- standing the exercise of authority by the Secretary under this Act. (2) SAVINGS CLAUSE.—Any exercise of the authority of the Secretary pursuant to this Act shall not impair the claims or defenses that would otherwise apply with respect to persons other than the Secretary. E xcept as established in any contract, Deadlin e .Co n tr a c t s. Deadline. 12US C 5 22 9.

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