Page:United States Statutes at Large Volume 106 Part 5.djvu/476

 106 STAT. 4114 PUBLIC LAW 102-552—OCT. 28, 1992 tion is required to repay the Secretary of the Treasury piirsuant to subparagraph (A), 0 percent, of all assessments paid by banks to the Financial Assistance Corporation pursuant to subparagraph (B), and of any part of the obligation to pay future assessments to the Financial Assistance Corporation under subparagraph (B) that is recognized as an expense on the IK>OKS of any System bank or association, shall nonetheless be included in the capital of the bank or association for purposes of determining its compliance with regulatory capital requirements.. (b) CONFORMING AMENDMENT.— Section 6.28 (12 U.S.C. 2278b- 8) is amended by striking subsection (b) and redesignating subsection (c) as subsection (b). SEC. 306. TRANSFER OF OBLIGATIONS FROM ASSOCIATIONS TO BANKS; OTHER MATTERS. Section 6.26 (12 U.S.C. 2278b-6) is amended— (1) in subsection (c)— (A) in the subparagraph heading of paragraph (2)(B), /- by striking "INSTITUTIONS** and inserting "BANKS"; (B) by striking "institutions'* each place it appears in paragraphs (2)(B), (3), and (4) and inserting "banks'*; and (C) in paragraph (2), by striking subparagraphs (C) and (D) and inserting the following new subparagraph: "(C) ALLOCATION.—During each year of me second 5-year period, each System bank shall pay to the Financial Assistance Corporation a proportion, as calculated by the Financial Assistance Corporation, of the interest due from System banks under this paragraph equal to— "(i) the amount of the average accruing retail loan volume of the bank and its affiliated associations for the preceding year; divided by "(ii) the total average accruing retail loan volume of all such banks and their affiliated associations for the preceding year.**; (2)insuDsection(d)(l)— (A) by striking subparagraph (D); and (B) by redesignating subparagraph (E) as subparagraph (D); and (3) by adding at the end the following new subsection: "(e) ADMINISTRATION.— "(1) DEFINITION OF RETAIL LOAN VOLUME.— As used in this section, the term 'retail loan volume' means all loans (as defined in accordance with generally accepted accounting principles) by a System bank or association, excluding loans by such a bank or association to another System institution. "(2) CALCULATION OF AVERAGE ANNUAL LOAN VOLUMES. — For purposes of this section and section 6.9, average annual loan volumes shall be calculated using month-end balances. "(3) EXCLUSION OF BANKS UNDERGOING UQUIDATION.— For purposes of this section and section 6.9, the term 'beuik* shall not include a bank that had entered liquidation prior to the date of enactment of this subsection.**. SEC. 306. DEFAULTS. Section 6.26(d) (12 U.S.C. 2278b-6(d)) is amended—

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