Page:United States Statutes at Large Volume 105 Part 3.djvu/392

 105 STAT. 2276 PUBLIC LAW 102-242—DEC. 19, 1991 "(ii) REPAYMENT OF LOSS.— The Corporation shall recover the loss to the appropriate insurance fund arising from any action taken or assistance provided with respect to an insured depository institution under clause (i) expeditiously from 1 or more emergency special assessments on the members of the insurance fund (of which such institution is a member) equal to the product of— "(I) an assessment rate established by the Corporation; and "(11) the amount of each member's average total assets during the semiannual period, minus the sum of the amount of the member's average total tangible equity and the amount of the member's average total subordinated debt, "(iii) DOCUMENTATION REQUIRED. —The Secretary of the Treasury shall— "(I) document any determination under clause (i); and "(II) retain the documentation for review under clause (iv). Reports. "(iv) GAO REVIEW.— The Comptroller General of the United States shall review and report to the Congress on any determination under clause (i), including— "(I) the basis for the determination; "(II) the purpose for which any action was taken pursuant to such clause; and "(III) the likely effect of the determination and such action on the incentives and conduct of insured depository institutions and uninsured depositors. "(v) NOTICE.— "(I) IN GENERAL.—The Secretary of the Treasury shall provide written notice of any determination under clause (i) to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives. "(II) DESCRIPTION OF BASIS OF DETERMINATION.— The notice under subclause (I) shall include a description of the basis for any determination under clause (i). "(H) RULE OF CONSTRUCTION. —No provision of law shall be construed as permitting the Corporation to take any action prohibited by paragraph (4) unless such provision expressly provides, by direct reference to this paragraph, that this paragraph shall not apply with respect to such action.". 12 USC 1823 (2) ANNUAL GAO COMPLIANCE AUDIT.—The Comptroller Gen- ^°*®- eral of the United States shall annually audit the Federal Deposit Insurance Corporation and the Resolution Trust Corporation to determine the extent to which such corporations are complying with section 13(c)(4) of the Federal Deposit Insurance Act. (3) CLARIFICATION OF MANNER OF APPLICATION TO THE RTC. — Section 21A(b)(4) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(b)(4)) is amended—

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