wise specifically provided in such rules, regulations, or orders or in section 209 of this Act, shall have the same rights and privileges and be subject to the same duties, restrictions, penalties, conditions, and limitations as apply to directors, officers, or employees of a national bank. (c) PAYMENT OF DEPOSITORS AND CREDITORS.-The Comptroller may require the conservator to set aside and make available for withdrawal by depositors and payment to other creditors such amounts as in the opinion of the Comptroller may safely be used for that purpose. All depositors and creditors who are similarly situated shall be treated in the same manner. (d) COMPENSATION OF CONSERVATOR AND EMPLOYEES.-The conservator and professional employees appointed to represent or assist the conservator shall not be paid amounts greater than are payable to employees of the Federal Government for similar services, except that the Comptroller of the Currency may authorize payment at higher rates (but not in excess of rates prevailing in the private sector), if the Comptroller determines that paying such higher rates is necessary in order to recruit and retain competent personnel. (e) EXPENSES.-All expenses of any such conservatorship shall be paid by the bank and shall be a lien upon the bank which shall be prior to any other lien. [§ 207 and § 208 repealed by section 808 of P.L. 101-73 (103 Stat. 446).] SEC. 209. [12 U.S.C. 209] LIABILITY PROTECTION. (a) FEDERAL AGENCY AND EMPLOYEES.-In any case in which the conservator is a Federal agency or an employee of the Government, the provisions of chapters 161 and 171 of title 28, United States Code, shall apply with respect to such conservator's liability for acts or omissions performed pursuant to and in the course of the duties and responsibilities of the conservatorship. (b) OTHER CONSERVATORS.-In any case where the conservator is not a conservator described in subsection (a), the conservator shall not be liable for damages in tort or otherwise for acts or omissions performed pursuant to and in the course of the duties and responsibilities of the conservatorship, unless such acts or omissions constitute gross negligence, including any similar conduct or any form of intentional tortious conduct, as determined by a court. (c) INDEMNIFICATION.-The Comptroller shall have authority to indemnify the conservator on such terms as the Comptroller deems proper. SEC. 210. [12 U.S.C. 210] Nothing in this title shall be construed to impair in any manner any powers of the President, the Secretary of the Treasury, the Comptroller of the Currency, or the Federal Reserve Board 1. SEC. 211. [12 U.S.C. 211] RULES AND REGULATIONS. (a) IN GENERAL.-The Comptroller of the Currency may prescribe such rules and regulations as the Comptroller may deem necessary to carry out the provisions of this Act. 1 Since the date of the enactment of the Banking Act of 1935, the Federal Reserve Board has been known as the Board of Governors of the Federal Reserve System (see section 203(a) of such Act, 49 Stat. 704). (b) F.D.I.C. AS CONSERVATOR.-In any case in which the Federal Deposit Insurance Corporation is the conservator, any rules or regulations prescribed by the Comptroller shall be consistent with any rules and regulations prescribed by the Federal Deposit Insurance Corporation pursuant to the Federal Deposit Insurance Act. |