Page:United States Statutes at Large Volume 103 Part 1.djvu/435

 PUBLIC LAW 101-73—AUG. 9, 1989 103 STAT. 407 (7) in subsection (d)(6)(A)(iii), by striking "available for divi- dends"; (8) in subsection (d)(6)(D), by striking "available for divi- dends"; (9) in subsection (d)(6)(E), by striking "available for divi- dends"; (10) by striking subsection (d)(6)(F) and adding at the end of subsection (1) the following: "(4) NET EARNINGS DEFINED.— The term 'net earnings' means net earnings without reduction for any chargeoffs or expenses incurred by a Bank in connection with the purchase of capital stock of the Financing Corporation or the purchase of stock of the Funding Corporation required by the Oversight Board under subsections (e) and (f) of section 21B."; (11) in subsection (e)(3)(A)— (A) by striking "used to"; (B) by inserting "used to" before "purchase" and "refund*^; and (C) by inserting before the semicolon the following: "prior to the enactment of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and thereafter transferred to the FSLIC Resolution Fund"; (12) in subsection (e)— (A) by striking paragraph (2) and redesignating para- graphs (3) through (10) as paragraphs (2) through (9), respec- tively, and (B) in paragraph (6) as redesignated, by striking "the Federal Savings and Loan Insurance Corporation' and inserting "the FSLIC Resolution Fund"; (13) by striking subsection (f) and inserting the following: " (f) SOURCES OF FUNDS FOR INTEREST PAYMENTS; FINANCING COR- PORATION ASSESSMENT AUTHORITY.—The Financing Corporation shall obtain funds for anticipated interest payments, issuance costs, and custodial fees on obligations issued hereunder from the follow- ing sources: "(1) PREENACTMENT ASSESSMENTS. — The Financing Clorpora- tion assessments which were assessed on insured institutions t pursuant to this section as in effect prior to the date of enact- ment of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. "(2) NEW ASSESSMENT AUTHORITY.—To the extent the amounts available pursuant to paragraph (1) are insufficient to cover the amount of interest payments, issuance costs, and custodial fees, the Financing Corporation, with the approval of the Board of Directors of the Federal Deposit Insurance Corporation, shall assess against each Savings Association Insurance Fund member an assessment (in the same manner as assessments are assessed against such members by the Federal Deposit Insur- ance (Corporation under section 7 of the Federal Deposit Insur- ance Act), except that— "(A) the sum of— "(i) the amount assessed under this paragraph; and "(ii) the amount assessed by the Funding Corporation under section 21B; shall not exceed the amount authorized to be assessed against Savings Association Insurance Fund members pur- suant to section 7 of the Federal Deposit Insurance Act;

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