Title 12 — Banks and BankingRelease 119-73not60
§1821a Fslic Resolution Fund
Title 12 › Chapter 16— FEDERAL DEPOSIT INSURANCE CORPORATION › § 1821a
Summary
Creates a separate FSLIC Resolution Fund and requires the Corporation to run it and keep it separate from other money. All assets and debts of the Federal Savings and Loan Insurance Corporation on the day before August 9, 1989, must be moved into that Fund. Those assets and debts belong only to the Fund and cannot be combined with the Deposit Insurance Fund or the Corporation for accounting or reporting. Effective August 10, 1989, the Corporation gets the same powers and duties over the Fund’s assets and debts that it has elsewhere in this chapter. Also effective August 10, 1989, the Corporation takes over as conservator or receiver for any insured depository institution whose accounts were insured before August 10, 1989 and that had a conservator or receiver appointed before January 1, 1989. The Fund pays its bills first from income on its assets, then from certain receivership payments (unless those payments are needed by the Resolution Funding Corporation under section 1441b or the Financing Corporation under section 1441), and then from amounts borrowed by the Financing Corporation under section 1441. If those sources are not enough, the Secretary of the Treasury must pay what the Corporation and the Secretary agree is needed, and money may be appropriated to the Secretary without fiscal year limit. Any court judgment tied to the old FSLIC is limited to the Fund’s assets. When the Fund finishes selling assets and paying debts, it dissolves, any leftover money goes to the Treasury, and administrative items go to the Corporation to be held as assets of the Deposit Insurance Fund.
Full Legal Text
Title 12, §1821a
Banks and Banking — Source: USLM XML via OLRC
(a)(1)There is established a separate fund to be designated as the FSLIC Resolution Fund which shall be managed by the Corporation and separately maintained and not commingled.
(2)Except as provided in section 1441a 11 See References in Text note below. of this title, all assets and liabilities of the Federal Savings and Loan Insurance Corporation on the day before August 9, 1989, shall be transferred to the FSLIC Resolution Fund.
(3)Assets and liabilities transferred to the FSLIC Resolution Fund shall be the assets and liabilities of the Fund and not of the Corporation and shall not be consolidated with the assets and liabilities of the Deposit Insurance Fund or the Corporation for accounting, reporting, or any other purpose.
(4)Effective August 10, 1989, the Corporation shall have all rights, powers, and duties to carry out the Corporation’s duties with respect to the assets and liabilities of the FSLIC Resolution Fund that the Corporation otherwise has under this chapter.
(5)(A)Effective August 10, 1989, the Corporation shall succeed the Federal Savings and Loan Insurance Corporation as conservator or receiver with respect to any depository institution—
(i)the accounts of which were insured before August 10, 1989 by the Federal Savings and Loan Insurance Corporation; and
(ii)for which a conservator or receiver was appointed before January 1, 1989.
(B)When acting as conservator or receiver with respect to any depository institution described in subparagraph (A), the Corporation shall have all rights, powers, and duties that the Corporation otherwise has as conservator or receiver under this chapter.
(b)The FSLIC Resolution Fund shall be funded from the following sources to the extent funds are needed in the listed priority:
(1)Income earned on assets of the FSLIC Resolution Fund.
(2)Liquidating dividends and payments made on claims received by the FSLIC Resolution Fund from receiverships to the extent such funds are not required by the Resolution Funding Corporation pursuant to section 1441b of this title or the Financing Corporation pursuant to section 1441 of this title.
(3)Amounts borrowed by the Financing Corporation pursuant to section 1441 of this title.
(c)(1)If the funds described in subsections (a) and (b) are insufficient to satisfy the liabilities of the FSLIC Resolution Fund, the Secretary of the Treasury shall pay to the Fund such amounts as may be necessary, as determined by the Corporation and the Secretary, for FSLIC Resolution Fund purposes.
(2)There are authorized to be appropriated to the Secretary of the Treasury, without fiscal year limitation, such sums as may be necessary to carry out this section.
(d)Any judgment resulting from a proceeding to which the Federal Savings and Loan Insurance Corporation was a party prior to its dissolution or which is initiated against the Corporation with respect to the Federal Savings and Loan Insurance Corporation or with respect to the FSLIC Resolution Fund shall be limited to the assets of the FSLIC Resolution Fund.
(e)The FSLIC Resolution Fund shall transfer to the Resolution Funding Corporation any net proceeds from the sale of assets acquired from the Resolution Trust Corporation upon the termination of such Corporation pursuant to section 1441a 1 of this title.
(f)The FSLIC Resolution Fund shall be dissolved upon satisfaction of all debts and liabilities and sale of all assets. Upon dissolution any remaining funds shall be paid into the Treasury. Any administrative facilities and supplies, including offices and office supplies, shall be transferred to the Corporation for use by and to be held as assets of the Deposit Insurance Fund.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
section 1441a of this title, referred to in subsecs. (a)(2) and (e), was repealed by Pub. L. 111–203, title III, § 364(b), July 21, 2010, 124 Stat. 1555.
Amendments
2006—Subsec. (a)(2). Pub. L. 109–173, § 8(a)(15)(A), (B), struck out subpar. (A) designation and heading before “Except as” and struck out heading and text of subpar. (B). Text read as follows: “The FSLIC Resolution Fund shall pay to the Savings Association Insurance Fund such amounts as are needed for administrative and supervisory expenses from
August 9, 1989, through
September 30, 1992.” Pub. L. 109–171 repealed Pub. L. 104–208, § 2704(d)(14)(J)(i), (ii). See 1996 Amendment note below. Subsec. (a)(3). Pub. L. 109–173, § 8(a)(15)(C), substituted “the Deposit Insurance Fund” for “the Bank Insurance Fund, the Savings Association Insurance Fund,”. Pub. L. 109–171 repealed Pub. L. 104–208, § 2704(d)(14)(J)(iii). See 1996 Amendment note below. Subsec. (b)(4). Pub. L. 109–173, § 8(a)(16), struck out par. (4) which read as follows: “During the period beginning on
August 9, 1989, and ending on
December 31, 1992, amounts assessed against Savings Association Insurance Fund members by the Corporation pursuant to section 1817 of this title which are not required by the Financing Corporation pursuant to section 1441 of this title or by the Resolution Funding Corporation pursuant to section 1441b of this title.” Pub. L. 109–171 repealed Pub. L. 104–208, § 2704(d)(14)(K). See 1996 Amendment note below. Subsec. (f). Pub. L. 109–173, § 8(a)(17), substituted “Deposit Insurance Fund” for “Savings Association Insurance Fund”. Pub. L. 109–171 repealed Pub. L. 104–208, § 2704(d)(14)(L). See 1996 Amendment note below. 1996—Subsec. (a)(2). Pub. L. 104–208, § 2704(d)(14)(J)(i), (ii), which directed striking out subpar. (A) heading and subpar. (B) and redesignating subpar. (A) as par. (2), was repealed by Pub. L. 109–171. See
Effective Date
of 1996 Amendment note below and 2006 Amendment note above. Subsec. (a)(3). Pub. L. 104–208, § 2704(d)(14)(J)(iii), which directed substitution of “the Deposit Insurance Fund” for “the Bank Insurance Fund, the Savings Association Insurance Fund,”, was repealed by Pub. L. 109–171. See
Effective Date
of 1996 Amendment note below and 2006 Amendment note above. Subsec. (b)(4). Pub. L. 104–208, § 2704(d)(14)(K), which directed striking out par. (4), was repealed by Pub. L. 109–171. See
Effective Date
of 1996 Amendment note below and 2006 Amendment note above. Subsec. (f). Pub. L. 104–208, § 2704(d)(14)(L), which directed substitution of “Deposit Insurance Fund” for “Savings Association Insurance Fund”, was repealed by Pub. L. 109–171. See
Effective Date
of 1996 Amendment note below and 2006 Amendment note above. 1991—Subsec. (a)(2)(B). Pub. L. 102–233, § 202(c), substituted “1992” for “1991”. Subsec. (a)(4), (5). Pub. L. 102–242 added pars. (4) and (5). Subsec. (b)(4). Pub. L. 102–233, § 202(d), substituted “1992” for “1991”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2006 AmendmentAmendment by Pub. L. 109–173 effective Mar. 31, 2006, see section 8(b) of Pub. L. 109–173, set out as a note under section 1813 of this title. Amendment by Pub. L. 109–171 effective no later than the first day of the first calendar quarter that begins after the end of the 90-day period beginning Feb. 8, 2006, see section 2102(c) of Pub. L. 109–171, set out as a Merger of BIF and SAIF note under section 1821 of this title.
Effective Date
of 1996 AmendmentAmendment by Pub. L. 104–208 effective Jan. 1, 1999, if no insured depository institution is a savings association on that date, see section 2704(c) of Pub. L. 104–208, formerly set out as a note under section 1821 of this title. Payment of Judgments and Settlements of Claims Against United States Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 110], Nov. 29, 1999, 113 Stat. 1535, 1501A–20, provided that: “Hereafter, for payments of judgments against the United States and compromise settlements of claims in suits against the United States arising from the Financial Institutions Reform, Recovery and
Enforcement
Act [Pub. L. 101–73, see Tables for classification] and its implementation, such sums as may be necessary, to remain available until expended: Provided, That the foregoing authority is available solely for payment of judgments and compromise settlements: Provided further, That payment of litigation expenses is available under existing authority and will continue to be made available as set forth in the Memorandum of Understanding between the Federal Deposit Insurance Corporation and the Department of Justice, dated October 2, 1998.” Similar provisions were contained in Pub. L. 105–277, div. A, § 101(b) [title I, § 130], Oct. 21, 1998, 112 Stat. 2681–50, 2681–77.
Reference
Citations & Metadata
Citation
12 U.S.C. § 1821a
Title 12 — Banks and Banking
Last Updated
Apr 3, 2026
Release point: 119-73not60