Page:United States Statutes at Large Volume 120.djvu/51

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PUBLIC LAW 109-000—MMMM. DD, 2006

120 STAT. 20

PUBLIC LAW 109–171—FEB. 8, 2006 may determine to be necessary due to extraordinary circumstances). ‘‘(iii) RESTRICTION ON ASSESSMENT CREDITS.—As part of any restoration plan under this subparagraph, the Corporation may elect to restrict the application of assessment credits provided under subsection (e)(3) for any period that the plan is in effect. ‘‘(iv) LIMITATION ON RESTRICTION.—Notwithstanding clause (iii), while any restoration plan under this subparagraph is in effect, the Corporation shall apply credits provided to an insured depository institution under subsection (e)(3) against any assessment imposed on the institution for any assessment period in an amount equal to the lesser of— ‘‘(I) the amount of the assessment; or ‘‘(II) the amount equal to 3 basis points of the institution’s assessment base. ‘‘(v) TRANSPARENCY.—Not more than 30 days after the Corporation establishes and implements a restoration plan under clause (i), the Corporation shall publish in the Federal Register a detailed analysis of the factors considered and the basis for the actions taken with regard to the plan.’’.

Deadline. Federal Register, publication.

12 USC 1817 note. Deadline.

Applicability.

VerDate 14-DEC-2004

10:20 Jul 12, 2007

SEC. 2109. REGULATIONS REQUIRED.

(a) IN GENERAL.—Not later than 270 days after the date of the enactment of this Act, the Board of Directors of the Federal Deposit Insurance Corporation shall prescribe final regulations, after notice and opportunity for comment— (1) designating the reserve ratio for the Deposit Insurance Fund in accordance with section 7(b)(3) of the Federal Deposit Insurance Act (as amended by section 2105 of this subtitle); (2) implementing increases in deposit insurance coverage in accordance with the amendments made by section 2103 of this subtitle; (3) implementing the dividend requirement under section 7(e)(2) of the Federal Deposit Insurance Act (as amended by section 2107 of this subtitle); (4) implementing the 1-time assessment credit to certain insured depository institutions in accordance with section 7(e)(3) of the Federal Deposit Insurance Act, as amended by section 2107 of this subtitle, including the qualifications and procedures under which the Corporation would apply assessment credits; and (5) providing for assessments under section 7(b) of the Federal Deposit Insurance Act, as amended by this subtitle. (b) TRANSITION PROVISIONS.— (1) CONTINUATION OF EXISTING ASSESSMENT REGULATIONS.—No provision of this subtitle or any amendment made by this subtitle shall be construed as affecting the authority of the Corporation to set or collect deposit insurance assessments pursuant to any regulations in effect before the effective date of the final regulations prescribed under subsection (a). (2) TREATMENT OF DIF MEMBERS UNDER EXISTING REGULATIONS.—As of the date of the merger of the Bank Insurance Fund and the Savings Association Insurance Fund pursuant

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