Page:United States Statutes at Large Volume 114 Part 4.djvu/837

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PUBLIC LAW 106-553—APPENDIX B 114 STAT. 2762A-137 (B) MAINTENANCE. —The Administrator shall maintain in a cost-effective and reasonable manner any property or other interests pending sale or disposal of such property or other interests under subparagraph (A), (k) ACTION AGAINST OBLIGOR.— (1) AUTHORITY TO BRING CIVIL ACTION.— The Administrator may bring a civil action in an appropriate district court of the United States in the name of the United States or of the holder of the obligation in the event of a default on a loan guaranteed under this Act. The holder of a loan guarantee shall make available to the Administrator all records and evidence necessary to prosecute the civil action. (2) FULLY SATISFYING OBLIGATIONS OWED THE UNITED STATES.— The Administrator may accept property in satisfaction of any sums owed the United States as a result of a default on a loan guaranteed under this Act, but only to the extent that any cash accepted by the Administrator is not sufficient to satisfy fully the sums owed as a result of the default. (1) BREACH OF CONDITIONS.—The Administrator shall commence a civil action in a court of appropriate jurisdiction to enjoin any activity which the Board finds is in violation of this Act, the regulations under this Act, or any conditions which were duly agreed to, and to secure any other appropriate relief, including relief against any affiliate of the applicant. (m) ATTACHMENT.—No attachment or execution may be issued against the Administrator or any property in the control of the Administrator pursuant to this Act before the entry of a final judgment (as to which all rights of appeal have expired) by a Federal, State, or other court of competent jurisdiction against the Administrator in a proceeding for such action. (n) FEES. — (1) APPLICATION FEE.— The Board shall charge and collect from an applicant for a loan guarantee under this Act a fee to cover the cost of the Board in making necessary determinations and findings with respect to the loan guarantee application under this Act. The amount of the fee shall be reasonable. (2) LOAN GUARANTEE ORIGINATION FEE. — The Board shall charge, and the Administrator may collect, a loan guarantee origination fee with respect to the issuance of a loan guarantee under this Act. (3) USE OF FEES COLLECTED. — (A) IN GENERAL. —Any fee collected under this subsection shall be used, subject to subparagraph (B), to offset administrative costs under this Act, including costs of the Board and of the Administrator. (B) SUBJECT TO APPROPRIATIONS.—The authority provided by this subsection shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. (C) LIMITATION ON FEES. —The aggregate amount of fees imposed by this subsection shall not exceed the actual amount of administrative costs under this Act. (o) REQUIREMENTS RELATING TO AFFILL\TES.— (1) INDEMNIFICATION.—The United States shall be indemnified by any affiliate (acceptable to the Board) of an applicant for a loan guarantee under this Act for any losses that the United States incurs as a result of—