Page:United States Statutes at Large Volume 124.djvu/2618

 124 STAT. 2592 PUBLIC LAW 111–240—SEPT. 27, 2010 (2) The Secretary may enter into contracts, including con- tracts for services authorized by section 3109 of title 5, United States Code. (3) The Secretary may designate any bank, savings associa- tion, trust company, security broker or dealer, asset manager, or investment adviser as a financial agent of the Federal Government and such institution shall perform all such reason- able duties related to this subtitle as financial agent of the Federal Government as may be required. The Secretary shall have authority to amend existing agreements with financial agents, entered into during the 2-year period before the date of enactment of this Act, to perform reasonable duties related to this subtitle. (4) The Secretary may exercise any rights received in connection with any preferred stock or other financial instruments or assets purchased or acquired pursuant to the authorities granted under this subtitle. (5) Subject to section 4103(b)(3), the Secretary may manage any assets purchased under this subtitle, including revenues and portfolio risks therefrom. (6) The Secretary may sell, dispose of, transfer, exchange or enter into securities loans, repurchase transactions, or other financial transactions in regard to, any preferred stock or other financial instrument or asset purchased or acquired under this subtitle, upon terms and conditions and at a price determined by the Secretary. (7) The Secretary may manage or prohibit conflicts of interest that may arise in connection with the administration and execution of the authorities provided under this subtitle. (8) The Secretary may establish and use vehicles, subject to supervision by the Secretary, to purchase, hold, and sell preferred stock or other financial instruments and issue obliga- tions. (9) The Secretary may, in consultation with the Adminis- trator of the Small Business Administration, issue such regula- tions and other guidance as may be necessary or appropriate to define terms or carry out the authorities or purposes of this subtitle. SEC. 4105. CONSIDERATIONS. In exercising the authorities granted in this subtitle, the Sec- retary shall take into consideration— (1) increasing the availability of credit for small businesses; (2) providing funding to minority-owned eligible institutions and other eligible institutions that serve small businesses that are minority-, veteran-, and women-owned and that also serve low- and moderate-income, minority, and other underserved or rural communities; (3) protecting and increasing American jobs; (4) increasing the opportunity for small business develop- ment in areas with high unemployment rates that exceed the national average; (5) ensuring that all eligible institutions may apply to participate in the program established under this subtitle, with- out discrimination based on geography; (6) providing transparency with respect to use of funds provided under this subtitle;