Page:United States Statutes at Large Volume 90 Part 2.djvu/659

 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2127

tion the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the notes or other obligations. The Secretary of the Treasury is authorized and directed to purchase any notes and other obligations issued hereunder and for that purpose he is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as amended, and the purposes for which securities may be issued 31 USC 774. under that Act, as amended, are extended to include any purchase of such notes and obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this subsection. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States. Sums borrowed under this subsection shall be deposited in the fund and redemption of such notes and obligations shall be made by the Commissioner from such fund. '. i i; J "LEGAL POWERS AND RESPONSIBILITIES

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"SEC. 432, (a) In the performance of, and with respect to, the func- 20 USC 1082. tions, powers, and duties vested in him by this part, the Commissioner may— "(1) prescribe such regulations as may be necessary to carry Regulations, out the purposes of this part; , •} "(2) sue and be sued in any court of record of a State having general jurisdiction or in any district court of the United States, and such district courts shall have jurisdiction of civil actions arising under this part without regard to the amount in controversy, and action instituted under this subsection by or against the Commissioner shall survive notwithstanding any change in the person occupying the office of Commissioner or any vacancy .i,^- ;,-^ ^,-1. rin that office; but no attachment, injunction, garnishment, or other similar process, me^ne or final, shall be issued against the Commissioner or property under his control, and nothing herein shall be construed to except litigation arising out of activities under this part from the application of sections 509, 517, 547, and 2679 of title 28 of the United States Code; .,c^? a "(3) include in any contract for Federal loan insurance such terms, conditions, and covenants relating to repayment of principal and payment of interest, relating to his obligations and rights and to those of eligible lenders, and borrowers in case of default, and relating to such other matters as the Commissioner determines to be necessary to assure that the purposes of this part will be achieved; and any term, condition, and covenant made pursuant to this clause or any other provisions of this part may be modified by the Commissioner if he determines that modification is necessary to protect the financial interest of the United States; "(4) subject to the specific limitations in this part, consent to the modification, with respect to rate of interest, time of payment of any installment of principal and interest or any portion thereof, or any other provision of any note or other instrument evidencing a loan which has been insured by him under this part; "(5) enforce, pay, or compromise, any claim on, or arising because of, any such insurance or any guarantee agreement under f^r, '': section 428(c); and "(6) enforce pay, compromise, Avaive, or release any right, title, claim, lien, or demand, however acquired, including any equity or any right of redemption.

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