Page:United States Statutes at Large Volume 96 Part 2.djvu/153

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PUBLIC LAW 97-000—MMMM. DD, 1982

PUBLIC LAW 97-320—OCT. 15, 1982

96 STAT. 1515

competent jurisdiction other than against the United States, the Comptroller, or any officer, agent, or employee thereof. "(2) Such actions shall be determined de novo without regard to any agency determination or any disposition or delivery by the Comptroller of any particular property to any person. "(3) The United States, the Comptroller, or any officer, employee, or agent thereof shall neither be a party to any such judicial proceeding nor be bound by any decision, decree, or order resulting therefrom. "(f)(1) The United States Claims Court shall have exclusive jurisdiction to hear and determine any suit brought against the United States, the Comptroller, or any officer, employee, or agent thereof with regard to any determination of a claim or the disposition of any unclaimed property. "(2) The United States Claims Court may set aside actions of the Comptroller only if such actions are found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. "(3) All claims for which the United States Claims Court has jurisdiction under this subsection shall be barred unless suit is filed within two years from the date of expiration of the twelve-month notice period provided by this part. "(4) For purposes of section 1491 of title 28, United States Code, any Claim against the Comptroller, the United States, or any officer, employee, or agent thereof shall be considered a claim against the United States. "RULEMAKING AUTHORITY

"SEC. 734. The Comptroller may issue rules and regulations neces- 12 USC 2l6c. sary or appropriate to carry out this part. "SEVERABILITY

"SEC. 735. If any provision of this part or the application of such 12 USC 2l6d. provision to any person or circumstance is held invalid, the remainder of this part and the application of such provision to other persons or circumstances shall not be affected thereby.". AMENDMENTS TO DEREGULATION ACT

SEC. 409. Sections 721 and 722 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (12 U.S.C. 191 note) are amended by striking out the phrase "closed on or before January 22, 1934" each place it appears and inserting in lieu thereof "which have been closed and for which the Comptroller has appointed a receiver other than the Federal Deposit Insurance Corporation". BANKING AFFILIATES

SEC. 410. (a) This section may be cited as the "Banking Affiliates Act of 1982 ".

Banking Affiliates Act oi"

(b) Section 23A of the Federal Reserve Act (12 U.S.C. 371c) is }1^USC 226 amended to read as follows: note. "SEC. 23A. (a) RESTRICTIONS ON TRANSACTIONS WITH AFFILIATES.—

"(1) A member bank and its subsidiaries may engage in a covered transaction with an affiliate only if—