Page:United States Statutes at Large Volume 103 Part 1.djvu/317

 PUBLIC LAW 101-73—AUG. 9, 1989 103 STAT. 289 ' (1) IN GENERAL.— "(A) ENFORCEMENT.—The Director shall have power to enforce this section, section 8 of the Federal Deposit Insur- ance Act, and regulations prescribed hereunder. In enforc- ing any provision of this section, regulations prescribed under this section, or any other law or regulation, or in any other action, suit, or proceeding to which the Director is a party or in which the Director is interested, and in the administration of conservatorships and receiverships, the Director may act in the Director's own name and through the Director's own attorneys. Except as otherwise provided, C!ourts, U.S. the Director shall be subject to suit (other than suits on claims for money damages) by any Federal savings associa- hj, tion or director or officer thereof with respect to any matter under this section or any other applicable law, or regula- tion thereunder, in the United States district court for the judicial district in which the savings association's home office is located, or in the United States District Court for the District of Columbia, and the Director may be served with process in the manner prescribed by the Federal Rules of Civil Procedure. "(B) ANCILLARY PROVISIONS.—(i) In making examinations of savings associations, examiners appointed by the Direc- H tor shall have power to make such examinations of the affairs of all affiliates of such savings associations as shall be necessary to disclose fully the relations between such savings associations and their affiliates and the effect of such relations upon such savings associations. For purposes ' of this subsection, the term 'affiliate' has the same meaning as in section 2(b) of the Banking Act of 1933, except that the term 'member bank' in section 2(b) shall be deemed to refer to a savings association. "(ii) In the course of any examination of any savings association, upon request by the Director, prompt and com- plete access shall be given to all savings association officers, directors, employees, and agents, and to all relevant books, records, or documents of any type.

"(iii) Upon request made in the course of supervision or oversight of any savings association, for the purpose of acting on any application or determining the condition of any savings sissociation, including whether operations are being conducted safely, soundly, or in compliance with charters, laws, regulations, directives, written agreements, or conditions imposed in writing in connection with the granting of an application or other request, the Director shall be given prompt and complete access to all savings association officers, directors, employees, and agents, and to all relevant books, records, or documents of any type. "(iv) If prompt and complete access upon request is not Courts, U.S. given as required in this subsection, the Director may apply to the United States district court for the judicial district (or the United States court in any territory) in which the principal office of the institution is located, or in which the person denying such access resides or carries on business, for an order requiring that such information be promptly provided.

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