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5500 - General Counsel's Opinions
GENERAL COUNSEL'S OPINION NO. 9—FICO FUNDING SOURCES
Background
FICO is a mixed-ownership government corporation created in 1987 to
recapitalize the Federal Savings and Loan Insurance Corporation (FSLIC)
by issuing bonds to purchase capital stock or capital certificates
issued by the FSLIC. 1
FICO was created in 1987 pursuant to the Competitive Equality Banking
Act (CEBA), Pub. L. 100-86, as a way to augument the resources of the
FSLIC, which had effectively been declared insolvent by the Federal
Home Loan Bank Board (FHLBB) earlier that year. FICO is managed by a
three-member directorate composed of the Director of the Office of
Finance of the Federal Home Loan Banks and the presidents of two
Federal Home Loan Banks (FHLBs). 2
FICO was authorized to issue bonds in an amount of up to $10.825
billion with an annual net borrowing limit of $3.75
billion. 3
FICO issued 30-year noncallable bonds in a principal amount of
approximately $8.1 billion that mature in 2017 through 2019. FICO's
authority to issue bonds ended on December 12,
1991. 4
Under the terms of FICO's contracts with its bondholders, FICO's bonds
are not redeemable before maturity. 5
The FHLBs were
{{8-30-96 p.5543}}required to invest in
nonvoting capital stock to capitalize
FICO. 6
FICO was required to invest in and hold in a segregated account
noninterest bearing (zero coupon) securities having a total principal
payable at maturity approximately equal to the aggregate amount of
principal due at the maturity of the FICO
bonds. 7
The FICO bonds bear interest at a fixed rate of 8.60% or higher
depending on the series and date of
issue. 8
The FHLBs pay the administrative expenses of FICO according to a
statutory formula and the term administrative expenses is defined to
exclude interest, issuance costs and custodian
fees. 9
FICO has limited sources of funding available to pay its interest and
principal obligations because the obligations of the FICO and the
interest payable on such obligations are not obligations of, or
guaranteed as to principal or interest by the FHLBs, the United States,
or the FSLIC Resolution Fund (FRF). 10
The FICO statute, as amended by the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (FIRREA), establishes the
following as sources of funding for the interest, issuance costs and
custodian fees on the FICO oblgiations:
(1) FICO assessments made prior to
FIRREA; 11
(2) FICO assessments on SAIF member Savings associations with the
approval of the FDIC; 12
(3) Liquidating dividends and payments made on claims received by
FRF (as established under section 11A of the Federal Deposit Insurance
Act) from receiverships, subject to the priority claim of the
Resolution Funding Corporation (REFCORP) for the Funding Corporation
Principal Fund (Principal Fund); 13
(4) Exit fees paid on "conversion transactions" in which
the resulting or surviving institution is not a SAIF
member. 14
The statute clearly provides that funds from a higher priority
source are to be used to the extent available before moving to the next
lower priority source. 15
Priority of Claims to Liquidating Dividends and Payments
Today, the FRF consists of two distinct pools of assets and
liabilities: 16
one composed of the assets and most of the liabilities of the FSLIC
transferred to the FRF upon the dissolution of the FSLIC on August 9,
1989 (FRF-FSLIC) and the other composed of the assets and liabilities
of the RTC transferred to the FRF upon the dissolution of the RTC on
December 31, 1995 (FRF-RTC). The assets transferred from the RTC
consist chiefly of the subrogated depositors' claims that the RTC
acquired as it resolved the institutions within its jurisdiction, that
is, thrifts that failed on or after January 1, 1989 through June 30,
1995.
The Legal Division interprets the language in section 21(f)(3) of
the Federal Home Loan Bank Act ("FHLB Act") concerning FICO's
access to "liquidating dividends and payments
{{8-30-96 p.5544}}made on claims received by the
FSLIC Resolution Fund (established under section 11A of the Federal
Deposit Insurance Act) from receiverships" [emphasis added] to
encompass only the FRF-FSLIC. Although a facial reading of section
21(f)(3) of the FHLB Act does not explicitly distinguish between
FRF-FSLIC and FRF-RTC, it is the Legal Division's view that the
italicized language should be read as defining the FRF as established
at the date of FIRREA's passage, which did not include any assets or
liabilities of RTC. This reading fits squarely with the general
statutory design established by FIRREA to resolve the thrift crisis by
assigning responsibilities for failed and failing thrift institutions
(pre-FIRREA and post-FIRREA) to each of two entities, RTC and FRF.
RTC was to resolve thrifts that failed after January 1, 1989, using
$31.2 billion in off-budget funding provided to the RTC by the REFCORP
and $18.8 billion from
appropriations. 17
Congress created REFCORP in 1989 to provide funding for the RTC as a
part of FIRREA. 18
RTC acquired no assets of the FSLIC and assumed liability only for
certain guarantees of FHLBs' advances issued by the FSLIC, relating to
thrifts that had not failed as of the date of passage of
FIRREA. 19
RTC never had access to any funds provided by FICO to resolve the
institutions within RTC's
jurisdiction. 20
However, to the extent all other funding sources are insufficient to
cover the amount of interest payments on its obligations, REFCORP is
authorized to obtain the additional amount needed from the Secretary of
the Treasury, which authorization was NOT granted to
FICO. 21
By comparison, FIRREA provided that all other liabilities of the
FSLIC and all of the assets of the FSLIC were tranferred to the
FRF. 22
The FDIC succeeded the FSLIC as receiver or conservator for any thrift
taken over by the government before January 1,
1989. 23
The liabilities to which the FRF succeeded consisted chiefly of the
FSLIC's obligations under transactions resolving thrifts that failed
prior to January 1, 1989, and the FSLIC's direct liability to
depositors in thrifts that failed before that date. A further
divergence in the treatment of the two fRF pools is illustrated by the
fact that the FRF-
{{8-30-96 p.5545}}FSLIC was given access to any
funds borrowed by FICO beginning with the date of the enactment of
FIRREA. 24
If section 21(f)(3) of the FHLB Act were read to encompass
liquidating dividends and payments on claims from RTC receiverships,
the result would contradict the remaining statutory design. Under that
interpretation, RTC assets would be used to pay for that portion of the
thrift crisis that was expressly excluded from the RTC's jurisdiction.
This view seems inconsistent with a Congressional intent that RTC's
assets would not be used to pay for the portion the thrift crisis that
Congress expressly excluded from the RTC's jurisdiction. Likewise, it
would be inconsistent with Congressional intent to impose liability to
pay the interest on the FICO obligations on the RTC assets, since the
RTC received no FICO funding.
The Legal Division's view that payment of FICO's interest, issuance
costs and custodian fees is limited to liquidating dividends from
former FSLIC receiverships is consistent with the language in section
21B(f)(2)(D) of the FHLB Act, which contains the language that Congress
used when it intended to have the FRF-RTC assets flow directly to
REFCORP. This subsection states as follows;
(D) Proceeds from sale of assets. To the extent the
amounts available pursuant to subparagraphs (A), (B), and (C) are
insufficient to cover the amount of interest payments, the FSLIC
Resolution Fund shall transfer to the Funding Corporation any net
proceeds from the sale of assets received from the Resolution Trust
Corporation, which shall be used by the Funding Corporation to pay such
interest. 25
This subsection shows that Congress intended to separate the
FRF-FSLIC from the FRF-RTC and that Congress identified the FRF-RTC as
proceeds from the sale of a separate pool of assets intended to be used
for different purposes than the FRF-FSLIC assets. Thus, although the
assets and the liabilities of the RTC were transferred to the FRF when
the RTC terminated, the RTC dissolution provisions require that after
all outstanding liabilities of the RTC have been paid, the FRF is to
transfer the net proceeds from the sale of the RTC assets to the
REFCORP, 26
which provided $31.2 billion in initial funding to the
RTC. 27
In addition, on a periodic basis, the net proceeds of former RTC asset
sales are available to service REFCORP periodic interest
obligations. 28
These provisions are consistent with the statutory pattern whereby the
RTC received its primary funding from REFCORP, to which net proceeds of
any excess RTC assets are to return.
This interpretation is supported by FICO's own post-FIRREA
disclosure document in conjunction with the sale of its bonds, which
does not mention RTC assets as a potential source of funds to pay
interest. The disclosure states that "the FDIC will transfer to FICO
from the liquidating dividends and payments made on claims received by
the FSLIC Resolution Fund (if any), the amount necessary for FICO to
make interest payments, but only to the extent such funds are not
required * * * by REFCORP." 29
When defining the FSLIC Resolution Fund, FICO disclosed the following
information:
The FSLIC Resolution Fund was established by FIRREA
and has assumed all the assets and liabilities of FSLIC as of
the date of enactment of FIRREA except for those expressly transferred
to or assumed by RTC. These assets and liabilities primarily relate to
FSLIC's case resolution activity prior to 1989, while RTC is
responsible for the management and resolution of all
cases
{{8-30-96 p.5546}}involving the appointment
of a conservator or receiver for an Insured Institution after January
1, 1989 and prior to August 9, 1992. To meet its obligations, the FSLIC
Resolution Fund may use its assets, returns from receiverships, amounts
borrowed by FICO, and insurance assessments on SAIF-Insured
Institutions to the extent that they are not required for interest on
Obligations of FICO and not required by REFCORP for defeasance of
REFCORP's obligations. FIRREA authorizes the future appropriation from
the U.S. Treasury of funds needed by the FSLIC Resolution Fund to
satisfy its obligations. The FSLIC Resolution Fund will be managed by
the FDIC as a separate fund and will terminate when its debts are paid
and its assets are sold. 30
FICO's disclosure document does not mention RTC assts transferred to
FRF upon RTC dissolution as a source of funding for FICO.
Additional indications that proceeds from FRF-RTC receiverships were
never intended to be a source of funding for FICO are found in
subsection section 21A(i) of the FHLB Act as added by the Resolution
Trust Corporation Completion Act in 1993 when Congress provided the
final appropriation authority to the RTC. This subsection provides in
part that "if the aggregate amount of funds transferred to the
[RTC] pursuant to this subsection exceeds the amount needed [for RTC
and certain SAIF purposes,] such excess amount shall be deposited in
the general fund of the Treasury."
In the legislative history from the House Report showing the
section-by-section analysis of section 21A(i) of the FHLB Act, Congress
showed a clear intent that the money so provided be used for limited
purposes. This report states as follows:
Such funding can only be used to protect insured depositors or for
the administrative expenses of the RTC. Shareholders of insured
institutions in default may not benefit in any manner from such
funding. In addition, any funds transferred to the RTC that are not
needed for such purposes or for the Savings Association Insurance Fund
("SAIF") must be deposited in the general fund of the
Treasury. 31
Finally, we note that in preparation for the transition when the
RTC would cease to be a separate entity, the RTC and FDIC prepared a
memorandum dated October 12, 1995 to the Thrift Depositor Protection
Oversight Board (Oversight Board) addressing the future funding needs
of the FDIC when it would succeed to the RTC's
responsibilities. 32
In this memorandum, the FDIC and the RTC recognized that Congress had
limited the uses of the money appropriated to the RTC. When the
Oversight Board acceded to the request of the FDIC and RTC by its
Resolution dated and effective October 18, 1995, the Oversight Board
inter alia relied on the representations of the FDIC and RTC
that there would be "separate accounting with respect to the former
FSLIC and former RTC portions of the FRF, the results for both of which
would be contained in the FDIC's public quarterly financial statements,
commencing in 1996" and that "the FDIC intends to return to the
Treasury on an ongoing basis cash receipts that are over and beyond
cash receipts that are over and beyond cash that is needed for
operating purposes or cash that might be needed in the future to
complete remaining disposition responsibilities." Neither FDIC nor
RTC identified any possibility that any of these funds could be subject
to a claim by FICO for its interest payments. The Oversight Board
acceded to the request of the FDIC and RTC and in its Resolution relied
on these representations. The FDIC has acted and continues to act in
accordance with these representations.
Therefore for all of the reasons stated above, proceeds from RTC
receiverships are not available to pay FICO's obligations.
Consequently, recoveries by RTC receiverships in the
{{12-29-00 p.5547}}
"goodwill cases" (none of which arise out of former FSLIC
receiverships) would not be available to FICO.
FRF Monies Subject to FICO Call
Next the meaning of the language, "liquidating dividends and
payments made on claims received by [FRF] * * * from
receiverships," needs to be examined. This phrase on its face refers
to the money that is distributed to the holders of claims against
receiverships when the assets of the receiverships are sold, turned
into cash proceeds and dividends are declared or payments are otherwise
made to creditors. 33
For the reasons discussed above, FICO will have access only to
liquidating dividends paid by former FSLIC receiverships to FRF-FSLIC.
It might be argued that the phrase "payments made on claims
received by the [FRF] from receiverships" should also include,
e.g., proceeds from the sale of assets acquired by the FRF-FSLIC
through corporate purchase under assistance agreements or other amounts
recovered by the FRF-FSLIC in connection with assistance transactions,
such as upon the disposition of a warrant position in an assisted
entity. This argument is flawed because the FRF did not receive the
assets or amounts in question from a receivership but from
the assisted entity, often long after the time that the assisted
transaction commenced (at the time of appointment of the receiver) and
even after the receivership may have been terminated. Accordingly, it
is our view that the phrase is meant to encompass only payments in the
nature of liquidating dividends. Further, assets, such as stock
warrants, that were owned by the FSLIC in its corporate capacity passed
to the FRF, not any individual receivership, by operation of law under
Section 11A. The proceeds from these assets will not be available to
FICO because they do not derive from "liquidating dividends and
payments made on claims received by [FRF] * * * from
receiverships." (emphasis added).
Current Payment Stream
The Legal Division views the language of section 21(f)(3) of the
FHLB Act as only referring at any given time to the current payment
stream from receiverships as collected by the
FRF-FSLIC 34
and does not require that all proceeds from receiverships be
accumulated for the contingent claim of REFCORP and FICO whenever
either might need this source of funding. Several reasons support this
reading of the provision. First, the contingent nature of FICO's claim
to this source of funding as contrasted with FRF's primary need for
this source of money to pay the immediate and ongoing liabilities of
the FSLIC is inconsistent with a Congressional intent that the payment
stream be held or escrowed for the contingent future needs of FICO. The
legislative history seems to show that Congress intended that FRF spend
the receivership proceeds to pay the liabilities of
FSLIC. 35
Second, FRF has lawfully spent money from this source since its
inception and its financial results have been regularly reported to
Congress and audited by General Accounting Office (GAO) without any
questions being raised. The money received by FRF
{{12-29-00 p.5548}}from this source has
been spent to pay operating expenses, assistance agreement liabilities,
insured deposit claims, judgements, such amounts as were need by SAIF
for administrative and supervisory expenses from August 9, 1989 through
September 30, 1992, 36
and any other liabilities to which FRF succeeded. Third, FRF is
intended to dissolve when its assets are sold and liabilities
paid. 37
FRF has no statutory requirement to continue to exist for speculative
requirements to REFCORP or FICO. This factor seems to indicate that FRF
had no duty to hold money for the requirements of REFCORP or FICO.
Fourth, FRF is not directly liable for the FICO obligations, and the
general assetes of FRF are not available to
FICO. 38
Section 21(f)(3) of the FHLB Act does not grant FICO a general claim to
the assets of FRF.
The time relevant to the analysis in this instance is the date FICOs
assessment revenues become insufficient to cover interest payments,
issuance costs and custodial fees. Therefore, FICO only has access to
the future payment stream from liquidating dividends of former FSLIC
receiverships beginning on the date that FICO's assessments become
insufficient to cover interest payments, issuance costs, and custodial
fees. Accordingly, liquidating dividends paid to the FRF before the
"shortfall date" could not generally be reached by FICO.
Conclusion
The determination of available funding sources for FICO cannot be
made purely by reviewing the statutory provisions, rather the language
must be interpreted in light of the entire statutory structure
established to resolve the thrift crisis. The statutory scheme formed
two separate entities--RTC and FRF. Later when the RTC terminated, two
pools of assets and liabilities managed by the same entity
remained--FRF-FSLIC and FRF-FRTC. The results of the arrangement
Congress created shows the Congressional intent to separate the RTC and
the FRF-FSLIC. Congress could have used only one agency and one fund
but chose not to do so. Accordingly, we conclude that only the
FRF-FSLIC is available to FICO under section 21(f)(3) of the FHLB Act.
In addition, the phrase "liquidating dividends and payments made on
claims received by FRF" includes only dividends paid to FRF from
former FSLIC receiverships and not proceeds from the sale of assets
acquired by FRE-FSLIC through corporate purchase or other amounts
recovered by the FLSIC-FRF in connection with assistance transactions.
Further, the quoted language only refers to the current payment stream
from receiverhsips as collected by the FRF-FSLIC and there is no
requirements to escrow those payments in anticipation of a need for
them by FICO.
[Source: 61 Fed. Reg. 45971, August 30,
1996]
1Competitive Equality Bank Act (CEBA), Pub. L. 100-86, Title
III, amending § 21 of the Federal Home Loan Bank Act, 12 U.S.C.
§ 1441. Go Back to Text
2Federal Home Loan Bank Act § 21(b), 12 U.S.C. § 1441(b). Go Back to Text
3 Federal Home Loan Bank Act § 21(e), 12 U.S.C.
§ 1441(e). Go Back to Text
4Resolution Trust Corporation Refinancing, Restructuring and
Improvement Act of 1991, § 104. Go Back to Text
5See FICO Information Statement Supplement dated
September 19, 1989. Go Back to Text
6Federal Home Loan Bank Act § 21(d), 12 U.S.C. § 1441(d). Go Back to Text
7Federal Home Loan Bank Act § 21(g), 12 U.S.C. § 1441(g). Go Back to Text
8See FICO Information Statement Supplement dated
September 19, 1989. Go Back to Text
9Federal Home Loan Bank Act § 21(b)(7), 12 U.S.C.
§ 1441(b)(7). Go Back to Text
10Federal Home Loan Bank Act § 21(e)(6), 12 U.S.C.
§ 1441(e)(6). Go Back to Text
11Federal Home Loan Bank Act § 21(f)(1), 12 U.S.C.
1441(f)(1). Under the statute, FICO's intitial source of funds were
pre-FIRREA assessments, but those funds are exhausted. Go Back to Text
12Federal Home Loan Bank Act § 21(f)(2), 12 U.S.C.
§ 1441(f)(2). Go Back to Text
13Federal Home Loan Bank Act § 21(f)(3), 12 U.S.C.
§ 1441(f)(3) states:
Receivership proceeds to the extent the amounts available pursuant
to paragraphs (1) and (2) are insufficient to cover the amount of
interest payments, issuance costs, and custodial fees, and if the funds
are not required by the Resolution Funding Corporation to provide funds
for the Funding Corporation Principal Fund under section 1441b of this
title, the Federal Deposit Insurance Corporation shall transfer to the
Financing Corporation, from the liquidating dividends and payments made
on claims received by the FSLIC Resolution Fund (established under
section 1821a of this title) form receiverships, the remaining amount
of funds necessary for the Financing Corporation to make interest
payments. Go Back to Text
14Federal Deposit Insurance Act § 5(d)(2)(E),
12 U.S.C. § 1815(d)(2)(E). Go Back to Text
15Federal Home Loan Bank Act § 21(f), 12 U.S.C.
§ 1441(f). Go Back to Text
16Separate accounting for each pool is maintained by the
FDIC. Go Back to Text
17Financial Institution Reform, Recovery, and Enforcement Act
of 1989 ("FIRREA"), Pub.L. 101-73, §§ 501 and 511. Go Back to Text
18FIRREA amending § 21B of the Federal Home Loan Bank Act. 12
U.S.C. § 1441b. In a manner similar to the FICO, the administrative
expenses of REFCORP are paid by the Federal Home Loan Banks (FHLBs)
according to a statutory formula. 12 U.S.C. § 1441b(c)(7). The
Principal Fund is fully funded with zero coupon Treasury bonds
purchased by REFCORP through capitalization from the FHLBs' mandatory
stock purchases. See 12 U.S.C. § 1441b(e) and the audited
financial statements confirming the existence of the zero coupon
Treasury bonds. (Section 21B(e)(7) of the FHLB Act also required that
SAIF assessment income be used, if necessary, to fund REFCORP's
Principal Fund. Id. At 1441b(e)(7). Because REFCORP's
Principal Fund is fully funded, assessment income from SAIF member
institutions is no longer required for REFCORP purposes.) The statutes
provide separate funding for interest payments on the bonds, notes,
debentures and similar obligations issued by REFCORP, 12 U.S.C.
§ 1441b(f). REFCORP collects the funding for interest from its
earnings on assets not invested in Principal Fund; certain proceeds
from the RTC to the extent available during its existence; from the
FHLBs according to a statutory formula; through the net proceeds from
the sale of assets transferred to the FRF by the RTC; and to the extent
the other sources are insufficient, the Secretary shall pay the
additional interest. In addition, when the FRF satisfies all of the
liabilities of RTC, then the net proceeds of RTC asset sales are to be
returned to REFCORP. Go Back to Text
19Federal Home Loan Bank Act § 21A(h), 12 U.S.C.
§ 1441a(h), as added by § 501 of FIRREA. Go Back to Text
20See generally Federal Deposit Insurance Act,
§ 11A(b)(3), 12 U.S.C.
§ 1821a(b)(3)) and Federal Home Loan Bank Act, § 21, 12
U.S.C. § 1441. Under section 1441(f)(3) and 1441b(7)(B), the
Principal Fund could have received assets from FRF-FSLIC, if its other
sources of funding had been insufficient. This appears to have been an
isolated instance of "seed money" provided by what remained of
the former FSLIC to the entity (RTC) created to resolve formerly
FSLIC-insured institutions going forward. In contrast, there are no
instances in the FIRREA statutory framework where funding flows from
the RTC to the FRF-FSLIC. Go Back to Text
21Federal Home Loan Bank Act § 21B(f)(2)(D), 12 U.S.C.
§ 1441b(f)(2)(D). Go Back to Text
22Federal Deposit Insurance Act § 11A(a)(2)(A),
12 U.S.C.
§ 1821a(a)(2)(A). Go Back to Text
23Federal Deposit Insurance Act § 11A(a)(5)(A), 12 U.S.C.
§ 1821a(a)(5)(A). Go Back to Text
24Federal Deposit Insurance Act § 11A(b)(3),
12 U.S.C. § 1821a(b)(3). Go Back to Text
25Federal Home Loan Bank Act § 21B(f)(2)(D), 12 U.S.C.
§ 1441b(f)(2)(D). Go Back to Text
26Federal Home Loan Bank Act § 21A(m)(2), 12 U.S.C.
§ 1441a(m)(2); and Federal Deposit Insurance Act § 11A(e),
12 U.S.C. § 1821a(e), 12
U.S.C. § 1441a(m)(2) states:
Case resolutions transferred Simultaneous with the termination of
the Corporation as provided in paragraph (1), all assets and
liabilities of the Corporation shall be transferred to the FSLIC
Resolution Fund. Thereafter, if there are no liabilities of the
Corporation outstanding, the FSLIC Resolution Fund shall transfer any
net proceeds from the sale of assets to the Resolution Funding
Corporation. Go Back to Text
27Federal Home Loan Bank Act § 21B, 12 U.S.C. § 1441b. Go Back to Text
28Federal Home Loan Bank Act § 21B(f), 12 U.S.C.
§ 1441b(f). Go Back to Text
29FICO Information Statement dated September 19, 1989 at page
4. Go Back to Text
30Id. at page 13. Go Back to Text
31P.L. 103-204, Resolution Trust Corporation Completion Act,
H.R. REP. 103-103(I), H.R. Rep. No. 103(I), 103RD Cong., 1ST Sess.
1993, 1993 U.S.C.C.A.N. 3040, 1993 WL 180206 (Leg. Hist.) in the
Section-by-Section Analysis. Go Back to Text
32Memorandum entitled Revised Funding Request and
Recommendations to Dietra L. Ford, Executive Director, Thrift Depositor
Protection Oversight Board, from Barry S. Kolatch, Vice President for
Planning, Research, and Statistics, RTC, and William A. Longbrake,
Deputy to the Chairman for Finance and Chief Financial Officer, FDIC,
dated October 12, 1995. Go Back to Text
33By statute since August 9, 1989, FRF has received funding
from liquidating dividends and similar payments from receiverships.
Section 215 of title II of FIRREA,
12 U.S.C. § 1821a(b)(2).
FRF is partially funded through liquidating dividends and such
payments, except to the extent that these funds are required by REFCORP
or FICO pursuant to sections 1441b or 1441, respectively. Neither
REFCORP nor FICO have required this money during FRF's existence. Go Back to Text
34Federal Home Loan Bank Act § 21(f)(3), 12 U.S.C.
§ 1441(f)(3). Go Back to Text
35See discussion of FSLIC Resolution Fund:
To meet its obligations, this Fund may use its assets, returns from
receiverships, amounts borrowed by FICO, and insurance assessments on
SAIF members through 1991 that are not required for interest on FICO
bonds and not required by REFCORP for defeasance of its bonds. Any
additional funds needed will be provided by the Treasury. The Fund will
terminate when its debts are paid and its assets are sold. 135 Cong.
Rec. H5172 (A&P), 101st Congress, First Session, Arnold & Porter
Legislative History: P.L. 101-73 Debate; Congressional Record--House
Proceedings and Debates of the 101st Congress, First Session,
Conference Report on H.R. 1278 Financial Institutions Reform, Recovery,
and Enforcement Act, 1989, August 4, 1989; page 830. Go Back to Text
36Federal Deposit Insurance Act § 11A(a)(2)(B),
12 U.S.C.
§ 1821a(a)(2)(B). Go Back to Text
37Federal Deposit Insurance Act § 11A(f),
12 U.S.C. § 1821a(f). Go Back to Text
38See Federal Home Loan Bank Act, § 21(e)(6), 12
U.S.C. § 1441(e)(6). Go Back to Text
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