Page:United States Statutes at Large Volume 103 Part 1.djvu/250

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103 STAT. 222 PUBLIC LAW 101-73 —AUG. 9, 1989 fc: »vi~. "(iii) between the Bank Insurance Fund and the Savings Association Insurance Fund, in amounts -".I reflecting the relative degree to which the expense was incurred as a result of the activities of Bank Insurance

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Fund and Savings Association Insurance Fund mem- bers; or "(iv) between the Bank Insurance Fund and the Sav- ings Association Insurance Fund, in amounts reflecting the relative total assets as of the end of the preceding ^; calendar year of Bank Insurance Fund members and ll-^if.- • Savings Association Insurance Fund members, to the extent that the Board of Directors is unable to make a determination under clause (i), (ii), or (iii).". SEC. 212. CONSERVATORSHIP AND RECEIVERSHIP POWERS OF THE CORPORATION, (a) BASIC AUTHORITIES.— Section 11 of the Federal Deposit Insur- ance Act (12 U.S.C. 1821) is amended by striking out subsections (c) through (j) and inserting the following new subsections: " (c) APPOINTMENT OF CORPORATION AS CONSERVATOR OR RECEIVER. — "(1) IN GENERAL. —Notwithstanding any other provision of Federal law, the law of any State, or the constitution of any State, the Corporation may accept appointment and act as conservator or receiver for any insured depository institution upon appointment in the manner provided in paragraph (2) or (3). ,. "(2) FEDERAL DEPOSITORY INSTITUTIONS.— " (A) APPOINTMENT. — "(i) CONSERVATOR. — The Corporation may, at the discretion of the supervisory authority, be appointed conservator of any insured Federal depository institu-

tion or District bank and the Corporation may accept such appointment. "(ii) RECEIVER.—The Corporation shall be appointed receiver, and shall accept such appointment, whenever ,^.. a receiver is appointed for the purpose of liquidation or winding up the affairs of an insured Federal depository institution or District bank by the appropriate Federal banking agency, notwithstanding any other provision /.,- of Federal law (other than section 21A of the Federal ^^^ Home Loan Bank Act) or the code of law for the District of Columbia. "(B) ADDITIONAL POWERS. — In addition to and not in dero- gation of the powers conferred and the duties imposed by this section on the Corporation as conservator or receiver, the Corporation, to the extent not inconsistent with such powers and duties, shall have any other power conferred on or any duty (which is related to the exercise of such power) imposed on a conservator or receiver for any Federal depository institution under any other provision of law. " (C) CORPORATION NOT SUBJECT TO ANY OTHER AGENCY. — When acting as conservator or receiver pursuant to an appointment described in subparagraph (A), the Corpora- tion shall not be subject to the direction or supervision of any other agency or department of the United States or any