124 STAT. 1508 PUBLIC LAW 111–203—JULY 21, 2010 (iii) the Deposit Insurance Fund may not be used in any manner to otherwise circumvent the purposes of this title. (B) VALUATION.—For purposes of determining the amount of obligations under this subsection— (i) the Corporation shall include as an obligation any contingent liability of the Corporation pursuant to this title; and (ii) the Corporation shall value any contingent liability at its expected cost to the Corporation. (9) ORDERLY LIQUIDATION AND REPAYMENT PLANS.— (A) ORDERLY LIQUIDATION PLAN.—Amounts in the Fund shall be available to the Corporation with regard to a covered financial company for which the Corporation is appointed receiver after the Corporation has developed an orderly liquidation plan that is acceptable to the Secretary with regard to such covered financial company, including the provision and use of funds, including taking any actions specified under section 204(d) and subsection (h)(2)(G)(iv) and (h)(9) of this section, and payments to third parties. The orderly liquidation plan shall take into account actions to avoid or mitigate potential adverse effects on low income, minority, or underserved communities affected by the failure of the covered financial company, and shall provide for coordination with the primary financial regulatory agen- cies, as appropriate, to ensure that such actions are taken. The Corporation may, at any time, amend any orderly liquidation plan approved by the Secretary with the concur- rence of the Secretary. (B) MANDATORY REPAYMENT PLAN.— (i) IN GENERAL.—No amount authorized under paragraph (6)(B) may be provided by the Secretary to the Corporation under paragraph (5), unless an agreement is in effect between the Secretary and the Corporation that— (I) provides a specific plan and schedule to achieve the repayment of the outstanding amount of any borrowing under paragraph (5); and (II) demonstrates that income to the Corpora- tion from the liquidated assets of the covered finan- cial company and assessments under subsection (o) will be sufficient to amortize the outstanding balance within the period established in the repay- ment schedule and pay the interest accruing on such balance within the time provided in sub- section (o)(1)(B). (ii) CONSULTATION WITH AND REPORT TO CON- GRESS.—The Secretary and the Corporation shall— (I) consult with the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the terms of any repayment schedule agreement; and (II) submit a copy of the repayment schedule agreement to the Committees described in sub- clause (I) before the end of the 30-day period begin- ning on the date on which any amount is provided Records. Time period. Contracts.
