Page:United States Statutes at Large Volume 103 Part 1.djvu/339

 PUBLIC LAW 101-73—AUG. 9, 1989 103 STAT. 311 "(II) the savings association is and continues to be in compliance with the fully phased-in capital standards prescribed under subsection (t); "(III) the Director, by order, permits the savings association to avail itself of the higher limit pro- vided by this clause; "(IV) loans made under this clause to all borrow- ers do not, in aggregate, exceed 150 percent of the savings association's unimpaired capital and unimpaired surplus; and "(V) such loans comply with all applicable loan- to-value requirements. "(B) A savings association's loans to one borrower to Real property, finance the sale of real property acquired in satisfaction of debts previously contracted in good faith shall not exceed 50 percent of the savings association's unimpaired capital and unimpaired surplus. " (3) AUTHORITY TO IMPOSE MORE STRINGENT RESTRICTIONS.— The Director may impose more stringent restrictions on a sav- ings association's loans to one borrower if the Director deter- mines that such restrictions are necessary to protect the safety and soundness of the savings association. ' (v) REPORTS OF CONDITION. — "(1) IN GENERAL. —Each association shall make reports of conditions to the Director which shall be in a form prescribed by the Director and shall contain— "(A) information sufficient to allow the identification of potential interest rate and credit risk; "(B) a description of any assistance being received by the association, including the type and monetary value of such assistance; "(C) the identity of all subsidiaries and affiliates of the association; "(D) the identity, value, type, and sector of investment of all equity investments of the associations and subsidiaries; and "(E) other information that the Director may prescribe. "(2) PUBLIC DISCLOSURE.— "(A) Reports required under paragraph (1) and all information contained therein shall be available to the public upon request, unless the Director determines— "(i) that a particular item or classification of information should not be made public in order to protect the safety or soundness of the institution con- cerned or institutions concerned, the Savings Associa- tion Insurance Fund; or "(ii) that public disclosure would not otherwise be in the public interest. "(B) Any determination made by the Director under subparagraph (A) not to permit the public disclosure of information shall be made in writing, and if the Director restricts any item of information for savings institutions generally, the Director shall disclose the reason in detail in the Federal Register. "(C) The Director's determinations under subparagraph (A) shall not be subject to judicial review. "(3) ACCESS BY CERTAIN PARTIES.— Classified information.

�