12 U.S.C. § 4749 — Regulations

Page 1760 TITLE 12—BANKS AND BANKING § 4748 1 See References in Text note below. (2) by applying subsection (e) to the balance of the loan. (Pub. L. 103–325, title II, § 257, Sept. 23, 1994, 108 Stat. 2212.) § 4748. Reimbursement to Fund (a) In general If a participating State withdraws funds from a reserve fund pursuant to terms of the partici- pation agreement permitted by subsection (d) or (r) of section 4745 of this title, such partici- pating State shall, not later than 15 calendar days after such withdrawal, submit to the Fund an amount computed by multiplying the amount withdrawn by the appropriate factor, as determined under subsection (b). (b) Factor The appropriate factor shall be obtained by di- viding the total amount of contributions that have been made by the participating State to all reserve funds which were subject to reimburse- ment— (1) by 2; and (2) by the total amount of contributions made by the participating State to all reserve funds, including if applicable, contributions that have been made by the State prior to be- coming a participating State if the State con- tinued its own capital access program in ac- cordance with section 4743(b) of this title. (c) Use of reimbursements The Fund may use funds reimbursed pursuant to this section to make reimbursements under section 4747 of this title. (Pub. L. 103–325, title II, § 258, Sept. 23, 1994, 108 Stat. 2213.) § 4749. Regulations The Fund shall promulgate appropriate regu- lations to implement this subchapter. (Pub. L. 103–325, title II, § 259, Sept. 23, 1994, 108 Stat. 2214.) § 4750. Authorization of appropriations (a) Amount There are authorized to be appropriated to the Fund $50,000,000 to carry out this subchapter. (b) Budgetary treatment The amount authorized to be appropriated under subsection (a) shall be subject to discre- tionary spending caps, as provided in section 665 1 of title 2, and therefore shall reduce by an equal amount funds made available for other discretionary spending programs. (Pub. L. 103–325, title II, § 260, Sept. 23, 1994, 108 Stat. 2214.) Editorial Notes REFERENCES IN TEXT Section 665 of title 2, referred to in subsec. (b), was repealed by Pub. L. 105–33, title X, § 10118(a), Aug. 5, 1997, 111 Stat. 695. CHAPTER 48—FINANCIAL INSTITUTIONS REGULATORY IMPROVEMENT Sec. 4801. Incorporated definitions. 4802. Administrative consideration of burden with new regulations. 4803. Streamlining of regulatory requirements. 4804. Elimination of duplicative filings. 4805. Call report simplification. 4805a. Call report simplification. 4806. Regulatory appeals process, ombudsman, and alternative dispute resolution. 4807. Time limit on agency consideration of com- pleted applications. 4808. Revising regulatory requirements for trans- fers of all types of assets with recourse. 4809. ‘‘Plain language’’ requirement for Federal banking agency rules. § 4801. Incorporated definitions Unless otherwise specifically provided in this chapter, for purposes of this chapter— (1) the terms ‘‘appropriate Federal banking agency’’, ‘‘Federal banking agencies’’, ‘‘in- sured depository institution’’, and ‘‘State bank supervisor’’ have the same meanings as in section 1813 of this title; and (2) the term ‘‘insured credit union’’ has the same meaning as in section 1752 of this title. (Pub. L. 103–325, title III, § 301, Sept. 23, 1994, 108 Stat. 2214.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in original ‘‘this title’’ meaning title III of Pub. L. 103–325, Sept. 23, 1994, 108 Stat. 2214, which enacted this chapter, sections 633 and 2606 of this title, and section 5329 of Title 31, Money and Finance, amended sections 1, 24, 27, 72, 93, 161, 248, 250, 324, 375a, 375b, 482, 1462a, 1464, 1468, 1813, 1815, 1817, 1819 to 1821, 1823, 1828, 1831f, 1831m, 1831p–1, 1831t, 1842, 1843, 1849, 1865, 1953, 2605, 3201, 3205, 3207, 3351, and 4313 of this title and sections 77c, 78c, 1667c, and 1681g of Title 15, Commerce and Trade, enacted provisions set out as notes under this section, sections 24, 633, 1468, 1820, 1831p–1, and 1831t of this title, and sections 78c and 1667c of Title 15, and amended provisions set out as notes under sections 1825 and 1828 of this title. For com- plete classification of title III to the Code, see Tables. Statutory Notes and Related Subsidiaries USE OF SUBORDINATED DEBT TO PROTECT FINANCIAL SYSTEM AND DEPOSIT FUNDS FROM ‘‘TOO BIG TO FAIL’’ INSTITUTIONS Pub. L. 106–102, title I, § 108, Nov. 12, 1999, 113 Stat. 1361, provided that: ‘‘(a) STUDY REQUIRED.—The Board of Governors of the Federal Reserve System and the Secretary of the Treasury shall conduct a study of— ‘‘(1) the feasibility and appropriateness of estab- lishing a requirement that, with respect to large in- sured depository institutions and depository institu- tion holding companies the failure of which could have serious adverse effects on economic conditions or financial stability, such institutions and holding companies maintain some portion of their capital in the form of subordinated debt in order to bring mar- ket forces and market discipline to bear on the oper- ation of, and the assessment of the viability of, such institutions and companies and reduce the risk to economic conditions, financial stability, and any de- posit insurance fund; ‘‘(2) if such requirement is feasible and appropriate, the appropriate amount or percentage of capital that