Page:United States Statutes at Large Volume 105 Part 3.djvu/498

 105 STAT. 2382 PUBLIC LAW 102-242—DEC. 19, 1991 the association does not pay finder, referral, or other fees, directly or indirectly, to a third party.". Subtitle H—Prohibition on Entering Secrecy Agreements and Protective Orders SEC. 446. PROHIBITION ON ENTERING INTO SECRECY AGREEMENTS AND PROTECTIVE ORDERS. Section 11 of the Federal Deposit Insurance Act (12 U.S.C. 1821) is amended by adding at the end the following new subsection: "(s) PROHIBITION ON ENTERING SECRECY AGREEMENTS AND PROTEC- TIVE ORDERS.— The Corporation may not enter into any agreement or approve any protective order which prohibits the Corporation from disclosing the terms of any settlement of an administrative or other action for damages or restitution brought by the Corporation in its capacity as conservator or receiver for an insured depository institution.". Subtitle I—Bank and Thrift Employee Provisions 12 USC 1821 SEC. 451. CONTINUATION OF HEALTH PLAN COVERAGE IN CASES OF FAILED FINANCIAL INSTITUTIONS. (a) CONTINUATION COVERAGE. —The Federal Deposit Insurance Corporation— (1) shall, in its capacity as a successor of a failed depository institution (whether acting directly or through any bridge bank), have the same obligation to provide a group health plan meeting the requirements of section 602 of the Employee Retirement Income Security Act of 1974 (relating to continuation coverage requirements of group health plans) with respect to former employees of such institution as such institution would have had but for its failure, and (2) shall require that any successor described in subsection (b)(l)(B)(iii) provide a group health plan with respect to former employees of such institution in the same manner as the failed depository institution would have been required to provide but for its failure. (b) DEFINITIONS.—For purposes of this section— (1) SUCCESSOR. — An entity is a successor of a failed depository institution during any period if— (A) such entity holds substantially all of the assets or liabilities of such institution, and (B) such entity is— (i) the Federal Deposit Insurance Corporation, (ii) any bridge bank, or (iii) an entity that acquires such assets or liabilities from the Federal Deposit Insurance Corporation or a bridge bank. (2) FAILED DEPOSITORY INSTITUTION. —The term "failed depository institution" means any depository institution (as defined in section 3(c) of the Federal Deposit Insurance Act) for which a receiver has been appointed.
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