Page:United States Statutes at Large Volume 103 Part 1.djvu/359

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PUBLIC LAW 101-73—AUG. 9, 1989 103 STAT. 331 and proceed under this section against any such party, if such notice is served before the end of the 6-year period beginning on the date such party ceased to be such a party with respect to such holding company or its subsidiary (whether such date occurs before, on, or after the date of the enactment of this paragraph). "(j) JUDICIAL REVIEW. — Any party aggrieved by an order of the District of Director under this section may obtain a review of such order by Columbia. filing in the court of appeals of the United States for the circuit in which the principal office of such party is located, or in the United States Court of Appeals for the District of Columbia Circuit, within 30 days after the date of service of such order, a written petition praying that the order of the Director be modified, terminated, or set aside. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Director, and thereupon the Director shall file in the court the record in the proceeding, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition, such court shall have jurisdiction, which upon the filing of the record shall be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Director. Review of such proceedings shall be had as provided in chapter 7 of title 5, United States Code. The judgment and decree of the court shall be final, except that the same shall be subject to review by the Supreme Court upon certiorari as provided in section 1254 of title 28, United States Code. "(k) SAVINGS CLAUSE. —Nothing contained in this section, other than any transaction approved under subsection (e)(2) of this section or section 13 of the Federal Deposit Insurance Act, shall be inter- preted or construed as approving any act, action, or conduct which is or has been or may be in violation of existing law, nor shall anything herein contained constitute a defense to any action, suit, or proceeding pending or hereafter instituted on account of any act,' action, or conduct in violation of the antitrust laws. "(1) TREATMENT OF FDIC INSURED STATE SAVINGS BANKS AND COOPERATIVE BANKS AS SAVINGS ASSOCIATIONS.— "(1) IN GENERAL. — Notwithstanding any other provision of law, a savings bank (as defined in section 3(g) of the Federal Deposit Insurance Act) and a cooperative bank that is an in- sured bank (as defined in section 3(h) of the Federal Deposit Insurance Act) upon application shall be deemed to be a savings association for the purpose of this section, if the Director deter- mines that such bank is a qualified thrift lender (as determined under subsection (m)). " (2) FAILURE TO MAINTAIN QUALIFIED THRIFT LENDER STATUS. — If any savings bank which is deemed to be a savings association under paragraph (1) subsequently fails to maintain its status as a qualified thrift lender, as determined by the Director, such bank may not thereafter be a qualified thrift lender for a period of 5 years, " (m) QUALIFIED THRIFT LENDER TEST.— "(1) IN GENERAL.— Except as provided in paragraphs (2) and (6), any savings association shall have the status of a qualified thrift lender if— "(A) the qualified thrift investments of such savings association equal or exceed 60 percent of the total tangible assets of such association; and