Page:United States Statutes at Large Volume 106 Part 5.djvu/347

 PUBLIC LAW 102-550—OCT. 28, 1992 106 STAT. 3985 omissions performed pursuant to and in the course of the duties and responsibilities of the conservatorship. (b) OTHER CONSERVATORS. —In any case where the conservator is not a conservator described in subsection (a), the conservator shall not be personally liable for damages in tort or otherwise for acts or omissions performed pursuant to and in the course of the duties and responsibilities of the conservatorship, unless such acts or omissions constitute g^ross negligence or any form of intentional tortious conduct or criminal conduct. (c) INDEMNIFICATION.—The Director, with the approval of the Attorney General, may indemnify the conservator on such terms as the Director considers appropriate. SEC. 1368C. CAPITAL RESTORATION PLANS. 12 USC 4622. (a) CONTENTS. —Each capital restoration plan submitted under this subtitle shall set forth a feasible plan tor restoring the core capital of the enterprise subject to the plan to an amount not less than the minimum capital level for the enterprise and for restoring the total capital oi the enterprise to an amount not less than the risk-based capital level for the enterprise. Each capital restoration plan shall— (1) specify the level of capital the enterprise will achieve and maintain; (2) describe the actions that the enterprise will take to become classified as adequately capitalized; (3) establish a schedule for completing the actions set forth in the plan; (4) specify the types and levels of activities (including existing and new programs) in which the enterprise will engage during the term of the plan; and (5) describe the actions that the enterprise will take to comply with any mandatory and discretionary requirements imposed under this subtitle. (b) DEADLINES FOR SUBMISSION. —The Director shall, by regula- Regulations. tion, establish a deadline for submission of a capital restoration plan, which may not be more than 45 days after the enterprise IS notified in writing that a plan is required. The regulations shall provide that the Director may extend the deadline to the extent that the Director determines it necessary. Any extension of the deadline shall be in writing and for a time certain. (c) APPROVAL. —The Director shall review each capital restoration plan submitted under this section and, not later than 30 days after submission of the plan, approve or disapprove the plan. The Director may extend the period for approval or disapproval for any plan for a single additional 30-day period if the Director determines it necessary. The Director shall provide written notice to any enterprise submitting a plan of the approval or disapproval of the plan (which shall include the reasons for any disapproval of the plan) and of any extension of the period for approval or disapproval. (d) RESUBMISSION.— If the Director disapproves the initial capital restoration plan submitted by the enterprise, the enterprise shall submit an amended plan acceptable to the Director within 30 days or such longer period that the Director determines is in the public interest. SEC. 1369D. JUDICIAL REVIEW OF DIRECTOR ACTION. 12 USC 4623. (a) JURISDICTION.— <^- A--*^.^

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