ENHANCING THE SAFETY AND SOUNDNESS OF INSURED DEPOSITORY INSTITUTIONS.

SEC. 702. ENHANCING THE SAFETY AND SOUNDNESS OF INSURED DEPOSITORY INSTITUTIONS.(a) Clarification Relating to the Enforceability of Agreements and Conditions.—The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by adding at the end the following:“SEC. 50. ENFORCEMENT OF AGREEMENTS.“(a) In General.—Notwithstanding clause (i) or (ii) of section 8(b)(6)(A) or section 38(e)(2)(E)(i), the appropriate Federal banking agency for a depository institution may enforce, under section 8, the terms of—“(1) any condition imposed in writing by the agency on the depository institution or an institution-affiliated party in connection with any action on any application, notice, or other request concerning the depository institution; or“(2) any written agreement entered into between the agency and the depository institution or an institution-affiliated party.“(b) Receiverships and Conservatorships.—After the appointment of the Corporation as the receiver or conservator for a depository institution, the Corporation may enforce any condition or agreement described in paragraph (1) or (2) of subsection (a) imposed on or entered into with such institution or institution-affiliated party through an action brought in an appropriate United States district court.” .(b) Protection of Capital of Insured Depository Institutions.—Section 18(u)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1828(u)(1)) is amended—(1) by striking subparagraph (B);(2) by redesignating subparagraph (C) as subparagraph (B); and(3) in subparagraph (A), by adding “and” at the end.(c) Conforming Amendments.—Section 8(b) of the Federal Deposit Insurance Act (12 U.S.C. 1818(b)) is amended—(1) in paragraph (3), by striking “This subsection and subsections (c) through (s) and subsection (u) of this section” and 120 STAT. 1986 inserting “This subsection, subsections (c) through (s) and subsection (u) of this section, and section 50 of this Act”; and(2) in paragraph (4), by striking “This subsection and subsections (c) through (s) and subsection (u) of this section” and inserting “This subsection, subsections (c) through (s) and subsection (u) of this section, and section 50 of this Act”.