Page:United States Statutes at Large Volume 107 Part 3.djvu/434

This page needs to be proofread.

107 STAT. 2372 PUBLIC LAW 103-204—DEC. 17, 1993 "(ii) the Corporation has made a determination in writing that a bulk transaction would maximize ./u net recovery to the Corporation, while providing opportunity for broad participation by qualified bidders, including minority- and women-owned businesses. "(B) DEFINITIONS.— In defining any term for purposes of subparagraph (A), the Corporation may, by regulation, define— "(i) the term 'asset' so as to include properties or loans which are legally separate and distinct properties or loans, but which have sufiiciently common characteristics such that they may be logically treated as a single asset; and "(ii) the term 'qualified person or entity* so as to include any employee of the Thrift; Depositor Protection Oversight Board or any employee assigned to the Corporation under subsection (b)(8). "(C) EXCEPTIONS.— This paragraph shall not apply to— •>• "(i) assets that are— ' "(1) sold simultaneously with a resolution in which a buyer purchases a significant proportion of the assets and assumes a significant proportion of the liabilities (or acts as agent of the Corporation for purposes of paying insured deposits) of an institution described in subsection (b)(3)(A); or "(ID transferred to a new institution organized pursuant to section ll(d)(2)(F) of the Federal Deposit Insurance Act; "(ii) nonperforming real estate loans with a book value of not more than $1,000,000; "(iii) real property with a book value of not more than $400,000; or "(iv) real property with a book value of more than $400,000 or nonperforming real estate loans with a book value of more than $1,000,000 for which the Corporation determines, in writing, that a disposition not in conformity with the reqmrements of subparagraph (A) will bring a greater return to the Corporation. "(D) COORDINATION WITH PARAGRAPH (2). ~ NO provision of this paragraph shall supersede the requirements of paragraph (2). "(4) DIVISION OF MINORITIES AND WOMEN PROGRAMS.— "(A) IN GENERAL.—The Corporation shall maintain a division of minorities and women programs. "(B) VICE PRESIDENT.— The head of the division shall be a vice president of the Corporation and a member of the executive committee of the Corporation. "(5) CHIEF FINANCIAL OFFICER. — "(A) IN GENERAL. — The chief executive officer of the Corporation shall appoint a chief financial officer for the Corporation. "(B) AUTHORITY.— The chief financial officer of the Corporation shall— "(i) have no operating responsibilities with respect to the Corporation other than as chief financial officer;