Page:United States Statutes at Large Volume 103 Part 1.djvu/331

 PUBLIC LAW 101-73—AUG. 9, 1989 103 STAT. 303 "(1) IN GENERAL. —Consistent with the purposes of section 908 of the International Lending Supervision Act of 1983 and the capital requirements established pursuant to such section by the appropriate Federal banking agencies (as defined in section 903(1) of such Act), the Director shall require all savings associa- tions to achieve and maintain adequate capital by— 7 "(A) establishing minimum levels of capital for savings associations; and "(B) using such other methods as the Director determines to be appropriate., "(2) MINIMUM CAPITAL LEVELS MAY BE DETERMINED BY DIREC- TOR CASE-BY-CASE.— The Director may, consistent with subsec- tion (t), establish the minimum level of capital for a savings association at such amount or at such ratio of capital-to-assets as the Director determines to be necessary or appropriate for such association in light of the particular circumstances of the association. "(3) UNSAFE OR UNSOUND PRACTICE. — In the Director's discre- tion, the Director may treat the failure of any savings associa- tion to maintain capital at or above the minimum level required by the Director under this subsection or subsection (t) as an unsafe or unsound practice. "(4) DIRECTIVE TO INCREASE CAPITAL. — "(A) PLAN MAY BE REQUIRED. —In addition to any other action authorized by law, including paragraph (3), the Director may issue a directive requiring any savings association which fails to maintain capital at or above the minimum level required by the Director to submit and adhere to a plan for increasing capital which is acceptable to the Director. "(B) ENFORCEMENT OF PLAN.—Any directive issued and plan approved under subparagraph (A) shall be enforceable under section 8 of the Federal Deposit Insurance Act to the same extent and in the same manner as an outstanding order which was issued under section 8 of the Federal Deposit Insurance Act and has become final. " (5) PLAN TAKEN INTO ACCOUNT IN OTHER PROCEEDINGS. — The • Director may— "(A) consider a savings association's progress in adhering to any plan required under paragraph (4) whenever such association or any affiliate of such association (including any company which controls such association) seeks the Director's approval for any proposal which would have the effect of diverting earnings, diminishing capital, or other- wise impeding such association's progress in meeting the minimum level of capital required by the Director; and "(B) disapprove any proposal referred to in subparagraph (A) if the Director determines that the proposal would adversely affect the ability of the association to comply with such plan. ' (t) CAPITAL STANDARDS.— " (1) IN GENERAL. — " (A) REQUIREMENT FOR STANDARDS TO BE PRESCRIBED.— The Director shall, by regulation, prescribe and maintain uniformly applicable capital standards for savings associa- tions. Those standards shall include— "(i) a leverage limit;

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