Page:United States Statutes at Large Volume 105 Part 3.djvu/379

 PUBLIC LAW 102-242 —DEC. 19, 1991 105 STAT. 2263 "(G) Paying interest on new or renewed liabilities at a rate that would increase the institution's weighted average cost of funds to a level significantly exceeding the prevailing rates of interest on insured deposits in the institution's normal market areas. "0*) CERTAIN GOVERNMENT-CONTROLLED INSTITUTIONS EXEMPTED. — Subsections (e) through (i) (other than paragraph (3) of subsection (e)) shall not apply— "(1) to an insured depository institution for which the Corporation or the Resolution Trust Corporation is conservator; or "(2) to a bridge bank, none of the voting securities of which are owned by a person or agency other than the Corporation or the Resolution Trust Corporation. " (k) REVIEW REQUIRED WHEN DEPOSIT INSURANCE FUND INCURS MATERIAL LOSS. — "(1) IN GENERAL.— If a deposit insurance fund incurs a material loss with respect to an insured depository institution on or after July 1, 1993, the inspector general of the appropriate Federal banking agency shall— "(A) make a written report to that agency reviewing the Reports, agency's supervision of the institution (including the agency's implementation of this section), which shall— "(i) ascertain why the institution's problems resulted in a material loss to the deposit insurance fund; and "(ii) make recommendations for preventing any such loss in the future; and "(B) provide a copy of the report to— "(i) the Comptroller General of the United States; "(ii) the Corporation (if the sigency is not the Corporation); "(iii) in the case of a State depository institution, the appropriate State banking supervisor; and "(iv) upon request by any Member of Congress, to that Member. "(2) MATERIAL LOSS INCURRED. —For purposes of this subsection: "(A) Loss INCURRED. — A deposit insurance fund incurs a loss with respect to an insured depository institution— "(i) if the Corporation provides any assistance under section 13(c) with respect to that institution; and— "(I) it is not substantially certain that the assistance will be fully repaid not later than 24 months after the date on which the Corporation initiated the assistance; or "(II) the institution ceases to repay the assistance in accordance with its terms; or "(ii) if the Corporation is appointed receiver of the institution, and it is or becomes apparent that the present value of the deposit insurance fund's outlays with respect to that institution will exceed the present value of receivership dividends or other payments on the claims held by the Corporation. "(B) MATERIAL LOSS.— A loss is material if it exceeds the greater of— " (i) $25,000,000; or

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