Page:United States Statutes at Large Volume 106 Part 5.djvu/255

 PUBLIC LAW 102-550 —OCT. 28, 1992 106 STAT. 3893 and inserting "Such booklet shall be provided by delivering it or 1>lacing it in the mail not later than 3 business days after the ender receives the application, but no booklet need be provided if the lender denies the application for credit before the end of the 3-day period.". SEC. 962. ADJUSTABLE RATE MORTGAGE CAPa Section 1204(d)(2) of the Competitive Ek)uality Banking Act of 1987 (12 U.S.C. 3806(d)(2)) is amended by striking "any loan" and inserting "any consumer loan". SEC. 968. MODIFYING SEPARATE CAPITALIZATION RULE FOR SAVINGS ASSOCIATIONS' SUBSIDIARIES ENGAGED IN ACnVITIES NOT PERMISSIBLE FOR NATIONAL BANKS. (a) IN GENERAL.— Section 5(t)(5)(D) of the Home Owners' Loan Act (12 U.S.C. 1464(t)(5)(D)) is amended by redesignating clause (iii) as clause (ix) and by inserting after clause (ii) the following new clauses: "(iii) AGENCY DISCRETION TO PRESCRIBE GREATER PERCENTAGE.—Subject to clauses (iv), (v), and (vi), the Director may prescribe by order, with respect to a particular qualified savings association, an applicable percentage greater than that provided in clause (ii) if the Director determines, in the Director's sole discretion, that the use of the greater percentage, under the circiunstances— "(I) would not constitute an unsafe or unsound practice; "(II) would not increase the risk to the affected deposit insurance fund; and "(III) would not be likely to result in the association's being in an unsafe or unsound condition, " (iv) SUBSTANTIAL COMPLIANCE WITH APPROVED CAPITAL PLAN. —In the case of a savings association which is subject to a plan submitted under paragraph (7)(D) of this subsection or an order issued under this subsection, a directive issued or plan approved under subsection (s), or a capital restoration plan approved or order issued under section 38 or 39 of the Federal Deposit Insurance Act, an order issued under clause (iii) with respect to the association shall be effective only so long as the association is in substantial compliance with such plan, directive, or order. "(v) LIMITATION ON INVESTMENTS TAKEN INTO ACCOUNT. —In prescribing the amount by which an applicable percentage under clause (iii) may exceed the applicable percentage under clause (ii) with respect to a particular qualified savings association, the Director may take into account only the sum of— "(I) the association's investments in, and extensions of credit to, the subsidiary that were made on or before April 12, 1989; and "(II) the association's investments in, and extensions of credit to, the subsidiary that were made after April 12, 1989, and were necessary to complete projects initiated before April 12, 1989.

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