2000
[DOCID: f:h3951ih.txt]
107th CONGRESS
2d Session
H. R. 3951
To provide regulatory relief and improve productivity for insured
depository institutions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 13, 2002
Mrs. Capito (for herself, Mr. Sandlin, Mr. Oxley, and Mr. Bachus)
introduced the following bill; which was referred to the Committee on
Financial Services
_______________________________________________________________________
A BILL
To provide regulatory relief and improve productivity for insured
depository institutions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Financial Services
Regulatory Relief Act of 2002''.
(B) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--NATIONAL BANK PROVISIONS
Sec. 101. National bank directors.
Sec. 102. Voting in shareholder elections.
Sec. 103. Simplifying dividend calculations for national banks.
Sec. 104. Repeal of obsolete limitation on removal authority of the
Comptroller of the Currency.
Sec. 105. Repeal of intrastate branch capital requirements.
Sec. 106. Clarification of waiver of publication requirements for bank
merger notices.
TITLE II--SAVINGS ASSOCIATION PROVISIONS
Sec. 201. Parity for savings associations under the Securities Exchange
Act of 1934 and the Investment Advisers Act
of 1940.
Sec. 202. Investments by Federal savings associations authorized to
promote the public welfare.
Sec. 203. Merger and consolidation of Federal savings associations with
nondepository institution affiliates.
Sec. 204. Repeal of statutory dividend notice requirement for savings
association subsidiaries of savings and
loan holding companies.
Sec. 205. Modernizing statutory authority for trust ownership of
savings associations.
Sec. 206. Repeal of overlapping rules governing purchased mortgage
servicing rights.
Sec. 207. Expanded authority for Federal savings associations to invest
in small business investment companies.
TITLE III--CREDIT UNION PROVISIONS
Sec. 301. Privately insured credit unions authorized to become members
of a Federal home loan bank.
Sec. 302. Leases of land on Federal facilities for credit unions.
Sec. 303. Investments in securities by Federal credit unions.
Sec. 304. Increase in general 12-year limitation of term of Federal
credit union loans to 15 years.
Sec. 305. Increase in 1 percent investment limit in credit union
service organizations.
Sec. 306. Member business loan exclusion for loans to nonprofit
religious organizations.
Sec. 307. Sale of checks to persons in the field of membership of the
credit union.
Sec. 308. Voluntary mergers and conversions involving multiple common-
bond credit unions without numerical
limitation.
TITLE IV--DEPOSITORY INSTITUTION PROVISIONS
Sec. 401. Easing restrictions on interstate branching and mergers.
Sec. 402. Statute of limitations for judicial review of appointment of
a receiver for depository institutions.
Sec. 403. Reporting requirements relating to insider lending.
Sec. 404. Amendment to provide an inflation adjustment for the small
depository institution exception under the
Depository Institution Management
Interlocks Act.
Sec. 405. Enhancing the safety and soundness of insured depository
institutions.
TITLE V--DEPOSITORY INSTITUTION AFFILIATES PROVISIONS
Sec. 501. Clarification of cross marketing provision.
Sec. 502. Amendment to provide the Federal Reserve Board with
discretion concerning the imputation of
control of shares of a company by trustees.
Sec. 503. Eliminating geographic limits on thrift service companies.
TITLE VI--BANKING AGENCY PROVISIONS
Sec. 601. Waiver of examination schedule in order to allocate examiner
resources.
Sec. 602. Credit card accounts permitted for bank examiners on same
terms as other consumers.
Sec. 603. Interagency data sharing.
Sec. 604. Unauthorized participation by convicted individual at
uninsured depository institutions subject
to penalty.
Sec. 605. Amendment permitting the destruction of old records of a
depository institution by the FDIC after
the appointment of the FDIC as receiver.
Sec. 606. Modernization of FDIC recordkeeping requirement.
Sec. 607. Repeal of minimum antitrust review period with the agreement
of the Attorney General.
Sec. 608. Clarification of extent of suspension, removal, and
prohibition authority of Federal banking
agencies in cases of certain crimes by
institution-affiliated parties.
Sec. 609. Streamlining depository institution merger application
requirements.
Sec. 610. Inclusion of Director of the Office of Thrift Supervision in
list of banking agencies regarding
insurance customer protection regulations.
TITLE VII--CLERICAL AND TECHNICAL AMENDMENTS
Sec. 701. Clerical amendments to the Home Owners' Loan Act.
Sec. 702. Technical corrections to the Federal Credit Union Act.
TITLE I--NATIONAL BANK PROVISIONS
SEC. 101. NATIONAL BANK DIRECTORS.
Section 5146 of the Revised Statutes of the United States (12
U.S.C. 72) is amended--
(1) by striking ``Sec. 5146. Every director must during''
and inserting the following:
``SEC. 5146. REQUIREMENTS FOR BANK DIRECTORS.
``(a) Residency Requirements.--Every director of a national bank
shall, during'';
(2) by striking ``total number of directors. Every director
must own in his or her own right'' and inserting ``total number
of directors.
``(b) Investment Requirement.--
``(1) In general.--Every director of a national bank shall
own in, his or her own right,''; and
(3) by adding at the end the following new paragraph:
``(2) Exception for subordinated debt in certain cases.--In
lieu of the requirements of paragraph (1) relating to the
ownership of capital stock in the national bank, the
Comptroller of the Currency may, by regulation or order, permit
an individual to serve as a director of a national bank that
has elected, or notifies the Comptroller of the bank's
intention to elect, to operate as a S corporation pursuant to
section 1362(a) of the Internal Revenue Code of 1986, if that
individual holds debt of at least $1,000 issued by the national
bank that is subordinated to the interests of depositors and
other general creditors of the national bank.''.
SEC. 102. VOTING IN SHAREHOLDER ELECTIONS.
Section 5144 of the Revised Statutes of the United States (12
U.S.C. 61) is ame
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nded--
(1) by striking ``or to cumulate'' and inserting ``or, if
so provided by the articles of association of the national
bank, to cumulate'';
(2) by striking the comma after ``his shares shall equal'';
and
(3) by adding at the end the following new sentence: ``The
Comptroller of the Currency may prescribe such regulations to
carry out the purposes of this section as the Comptroller
determines to be appropriate.''.
SEC. 103. SIMPLIFYING DIVIDEND CALCULATIONS FOR NATIONAL BANKS.
Section 5199 of the Revised Statutes of the United States (12
U.S.C. 60) is amended to read as follows:
``SEC. 5199. NATIONAL BANK DIVIDENDS.
``(a) In General.--Subject to subsection (b), the directors of any
national bank may declare a dividend of so much of the undivided
profits of the bank as the directors judge to be expedient.
``(b) Approval Required Under Certain Circumstances.--A national
bank may not declare and pay dividends in any year in excess of an
amount equal to the sum of the total of the net income of the bank for
that year and the retained net income of the bank in the preceding two
years, minus any transfers required by the Comptroller of the Currency
(including any transfers required to be made to a fund for the
retirement of any preferred stock), unless the Comptroller of the
Currency approves the declaration and payment of dividends in excess of
such amount.''.
SEC. 104. REPEAL OF OBSOLETE LIMITATION ON REMOVAL AUTHORITY OF THE
COMPTROLLER OF THE CURRENCY.
Section 8(e)(4) of the Federal Deposit Insurance Act (12 U.S.C.
1818(e)(4)) is amended by striking the 5th sentence.
SEC. 105. REPEAL OF INTRASTATE BRANCH CAPITAL REQUIREMENTS.
Section 5155(c) of the Revised Statutes of the United States (12
U.S.C. 36(c)) is amended--
(1) in the 2nd sentence, by striking ``, without regard to
the capital requirements of this section,''; and
(2) by striking the last sentence.
SEC. 106. CLARIFICATION OF WAIVER OF PUBLICATION REQUIREMENTS FOR BANK
MERGER NOTICES.
The last sentence of sections 2(a) and 3(a)(2) of the National Bank
Consolidation and Merger Act (12 U.S.C. 215(a) and 215a(a)(2),
respectively) are each amended to read as follows: ``Publication of
notice may be waived if the Comptroller determines that an emergency
exists justifying such waiver or if the shareholders of the association
or State bank agree by unanimous action to waive the publication
requirement for their respective institutions.''.
TITLE II--SAVINGS ASSOCIATION PROVISIONS
SEC. 201. PARITY FOR SAVINGS ASSOCIATIONS UNDER THE SECURITIES EXCHANGE
ACT OF 1934 AND THE INVESTMENT ADVISERS ACT OF 1940.
(a) Securities Exchange Act of 1934.--
(1) Definition of bank.--Section 3(a)(6) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)(6)) is amended by
striking ``(A) a banking institution organized under the laws
of the United States'' and inserting ``(A) a depository
institution (as defined in section 3 of the Federal Deposit
Insurance Act) or a branch or agency of a foreign bank (as such
terms are defined in section 1(b) of the International Banking
Act of 1978)''.
(2) Include ots under the definition of appropriate
regulatory agency for certain purposes.--Section 3(a)(34) of
such Act (15 U.S.C. 78c(a)(34)) is amended--
(A) in subparagraph (A)--
(i) in clause (ii), by striking ``(i) or
(iii)'' and inserting ``(i), (iii), or (iv)'';
(ii) by striking ``and'' at the end of
clause (iii);
(iii) by redesignating clause (iv) as
clause (v); and
(iv) by inserting the following new clause
after clause (iii):
``(iv) the Director of the Office of Thrift
Supervision, in the case of a savings
association (as defined in section 3(b) of the
Federal Deposit Insurance Act (12 U.S.C. 1813(b)) the deposits of which
are insured by the Federal Deposit Insurance Corporation, a subsidiary
or a department or division of any such savings association, or a
savings and loan holding company; and'';
(B) in subparagraph (B)--
(i) in clause (ii), by striking ``(i) or
(iii)'' and inserting ``(i), (iii), or (iv)'';
(ii) by striking ``and'' at the end of
clause (iii);
(iii) by redesignating clause (iv) as
clause (v); and
(iv) by inserting the following new clause
after clause (iii):
``(iv) the Director of the Office of Thrift
Supervision, in the case of a savings
association (as defined in section 3(b) of the
Federal Deposit Insurance Act (12 U.S.C.
1813(b)) the deposits of which are insured by
the Federal Deposit Insurance Corporation, or a
subsidiary of any such savings association, or
a savings and loan holding company; and'';
(C) in subparagraph (C)--
(i) in clause (ii), by striking ``(i) or
(iii)'' and inserting ``(i), (iii), or (iv)'';
(ii) by striking ``and'' at the end of
clause (iii);
(iii) by redesignating clause (iv) as
clause (v); and
(iv) by inserting the following new clause
after clause (iii):
``(iv) the Director of the Office of Thrift
Supervision, in the case of a savings
association (as defined in section 3(b) of the
Federal Deposit Insurance Act (12 U.S.C.
1813(b)) the deposits of which are insured by
the Federal Deposit Insurance Corporation, a
savings and loan holding company, or a
subsidiary of a savings and loan holding
company when the appropriate regulatory agency
for such clearing agency is not the Commission;
and'';
(D) in subparagraph (D)--
(i) by striking ``and'' at the end of
clause (ii);
(ii) by redesignating clause (iii) as
clause (iv); and
(iii) by inserting the following new clause
after clause (ii):
``(iii) the Director of the Office of
Thrift Supervision, in the case of a savings
association (as defined in section 3(b) of the
Federal Deposit Insurance Act (12 U.S.C.
1813(b))) the deposits of which are insured by
the Federal Deposit Insurance Corporation;
and'';
(E) in subparagraph (F)--
(i) by redesignating clauses (ii), (iii),
and (iv) as clauses (iii), (iv), and (v),
respectively; and
(ii) by inserting the following new clause
after clause (i):
``(ii) the Director of the Office of Thrift
Supervision, in the case of a savings
asso
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ciation (as defined in section 3(b) of the
Federal Deposit Insurance Act (12 U.S.C.
1813(b))) the deposits of which are insured by
the Federal Deposit Insurance Corporation;
and''; and
(F) at the end of the last undesignated paragraph,
by inserting the following new sentence: ``As used in
this paragraph, the term `savings and loan holding
company' has the meaning given it in section 10(a) of
the Home Owners' Loan Act (12 U.S.C. 1467a(a)).''.
(b) Investment Advisers Act of 1940.--
(1) Definition of bank.--Section 202(a)(2) of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(2)) is
amended by striking ``(A) a banking institution organized under
the laws of the United States'' and inserting ``(A) a
depository institution (as defined in section 3 of the Federal
Deposit Insurance Act) or a branch or agency of a foreign bank
(as such terms are defined in section 1(b) of the International
Banking Act of 1978)''.
(2) Conforming amendments.--Subsections (a)(1)(A)(i),
(a)(1)(B), (a)(2), and (b) of section 210A of such Act (15
U.S.C. 80b-10a), as added by section 220 of the Gramm-Leach-
Bliley Act, are each amended by striking ``bank holding
company'' each place it occurs and inserting ``bank holding
company or savings and loan holding company''.
(c) Conforming Amendment to the Investment Company Act of 1940.--
Section 10(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-
10(c)), as amended by section 213(c) of the Gramm-Leach-Bliley Act, is
amended by inserting after ``1956)'' the following: ``or any one
savings and loan holding company (together with its affiliates and
subsidiaries) (as such terms are defined in section 10 of the Home
Owners' Loan Act)''.
SEC. 202. INVESTMENTS BY FEDERAL SAVINGS ASSOCIATIONS AUTHORIZED TO
PROMOTE THE PUBLIC WELFARE.
(a) In General.--Section 5(c)(3) of the Home Owners' Loan Act (12
U.S.C. 1464(c)) is amended by adding at the end the following new
subparagraph:
``(E) Direct investments to promote the public
welfare.--
``(i) In general.--A Federal savings
association may make investments designed
primarily to promote the public welfare,
including the welfare of low- and moderate-
income communities through the provision of
housing, services, and jobs.
``(ii) Direct investments or acquisition of
interest in other companies.--Investments under
clause (i) may be made directly or by
purchasing interests in an entity primarily
engaged in making such investments.
``(iii) Prohibition on unlimited
liability.--No investment may be made under
this subparagraph which would subject a Federal
savings association to unlimited liability to
any person.
``(iv) Single investment limitation to be
established by director.--Subject to clauses
(v) and (vi), the Director shall establish, by
order, limits on--
``(I) the amount each savings
association may invest in any one
project or entity; and
``(II) the aggregate amount of the
investment of such savings association
under this subparagraph.
``(v) Flexible aggregate investment
limitation.--The aggregate amount of
investments of any savings association under
this subparagraph may not exceed an amount
equal to the sum of 5 percent of the savings
association's capital stock actually paid in
and unimpaired and 5 percent of the savings
association's unimpaired surplus, unless--
``(I) the Director determines, by
order, that the savings association is
adequately capitalized; and
``(II) the Federal Deposit
Insurance Corporation determines, by
order, that an investment in a higher
amount than the limit under this clause
will pose no significant risk to the
affected deposit insurance fund.
``(vi) Maximum aggregate investment
limitation.--The aggregate amount of
investments of any savings association under
this subparagraph may not exceed an amount
equal to the sum of 10 percent of the savings
association's capital stock actually paid in
and unimpaired and 10 percent of the savings
association's unimpaired surplus.
``(vii) Investments not subject to other
limitation on quality of investments.--No
obligation a Federal savings association
acquires under this subparagraph shall be taken
into account for purposes of the limitation
contained in section 28(d) of the Federal
Deposit Insurance Act on the acquisition and
retention of any corporate debt security not of
investment grade.''.
(b) Technical and Conforming Amendment.--Section 5(c)(3)(A) is
amended to read as follows:
``(A) Repealed''.
SEC. 203. MERGER AND CONSOLIDATION OF FEDERAL SAVINGS ASSOCIATIONS WITH
NONDEPOSITORY INSTITUTION AFFILIATES.
Section 5(d)(3) of the Home Owners' Loan Act (12 U.S.C. 1464(d)(3))
is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) Mergers and consolidation with nondepository
institution affiliates.--
``(i) In general.--Upon the approval of the
Director, a Federal savings association may
merge with any nondepository institution
affiliate of the savings association.
``(ii) Rule of construction.--No provision
of clause (i) shall be construed as--
``(I) affecting the applicability
of section 18(c) of the Federal Deposit
Insurance Act; or
``(II) granting a Federal savings
association any power or any authority
to engage in any activity that is not
authorized for a Federal savings
association under any other provision
of this Act or any other provision of
law.''.
SEC. 204. REPEAL OF STATUTORY DIVIDEND NOTICE REQUIREMENT FOR SAVINGS
ASSOCIATION SUBSIDIARIES OF SAVINGS AND LOAN HOLDING
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COMPANIES.
Section 10(f) of the Home Owners' Loan Act (12 U.S.C. 1467a(f)) is
amended to read as follows:
``(f) Declaration of Dividend.--The Director may--
``(1) require a savings association that is a subsidiary of
a savings and loan holding company to give prior notice to the
Director of the intent of the savings association pay a
dividend on its guaranty, permanent, or other nonwithdrawable
stock; and
``(2) establish conditions on the payment of dividends.''.
SEC. 205. MODERNIZING STATUTORY AUTHORITY FOR TRUST OWNERSHIP OF
SAVINGS ASSOCIATIONS.
(a) In General.--Section 10(a)(1)(C) of the Home Owners' Loan Act
(12 U.S.C. 1467a(a)(1)(C)) is amended--
(1) by striking ``trust,'' and inserting ``business
trust,''; and
(2) by inserting ``, or any other trust unless by its terms
it must terminate within 25 years or not later than 21 years
and 10 months after the death of individuals living on the
effective date of the trust,'' after or similar
organization,''.
SEC. 206. REPEAL OF OVERLAPPING RULES GOVERNING PURCHASED MORTGAGE
SERVICING RIGHTS.
Section 5(t) of the Home Owners' Loan Act (12 U.S.C. 1464(t)) is
amended--
(1) by striking paragraph (4) and inserting the following
new paragraph:
``(4) Repealed''; and
(2) in paragraph (9)(A), by striking ``intangible assets,
plus'' and all that follows through the period at the end and
inserting ``intangible assets.''.
SEC. 207. EXPANDED AUTHORITY FOR FEDERAL SAVINGS ASSOCIATIONS TO INVEST
IN SMALL BUSINESS INVESTMENT COMPANIES.
Subparagraph (D) of section 5(c)(4) of the Home Owners' Loan Act
(12 U.S.C. 1464(c)(4)) is amended to read as follows:
``(D) Small business investment companies.--Any
Federal savings association may invest in 1 or more
small business investment companies, or in any entity
established to invest solely in small business
investment companies, except that the total amount of
investments under this subparagraph may not at any time
exceed the amount equal to 5 percent of capital and
surplus of savings association.''.
TITLE III--CREDIT UNION PROVISIONS
SEC. 301. PRIVATELY INSURED CREDIT UNIONS AUTHORIZED TO BECOME MEMBERS
OF A FEDERAL HOME LOAN BANK.
Section 4(a) of the Federal Home Loan Bank Act (12 U.S.C. 1424(a))
is amended by adding at the end the following new paragraph:
``(5) Certain privately insured credit unions.--A credit
union which has been determined, in accordance with section
43(e)(1) of the Federal Deposit Insurance Act, to meet all
eligibility requirements for Federal deposit insurance shall be
treated as an insured depository institution for purposes of
determining the eligibility of such credit union for membership
in a Federal home loan bank under paragraphs (1), (2), and
(3).''.
SEC. 302. LEASES OF LAND ON FEDERAL FACILITIES FOR CREDIT UNIONS.
(a) In General.--Section 124 of the Federal Credit Union Act (12
U.S.C. 1770) is amended--
(1) by striking ``Upon application by any credit union''
and inserting ``Notwithstanding any other provision of law,
upon application by any credit union'';
(2) by inserting ``on lands reserved for the use of, and
under the exclusive or concurrent jurisdiction of, the United
States or'' after ``officer or agency of the United States
charged with the allotment of space'';
(3) by inserting ``lease land or'' after ``such officer or
agency may in his or its discretion''; and
(4) by inserting ``or the facility built on the lease
land'' after ``credit union to be served by the allotment of
space''.
(b) Clerical Amendment.--The heading for section 124 is amended by
inserting ``or federal land'' after ``building''.
SEC. 303. INVESTMENTS IN SECURITIES BY FEDERAL CREDIT UNIONS.
Section 107 of the Federal Credit Union Act (12 U.S.C. 1757(7)(K))
is amended--
(1) in the matter preceding paragraph (1) by striking ``A
Federal credit union'' and inserting ``(a) In General.--Any
Federal credit union''; and
(2) by adding at the end the following new subsection:
``(b) Investment for the Credit Union's Own Account.--
``(1) In general.--A Federal credit union may purchase and
hold for its own account such investment securities as the
Board may authorize by regulation, subject to such limitations
and restrictions as the Board may prescribe in the regulations.
``(2) Percentage limitation.--In no event may the total
amount of investment securities of any single obligor or maker
held by a Federal credit union for the credit union's own
account exceed at any time an amount equal to 10 percent of the
unimpaired capital and surplus of the credit union.
``(3) Investment security defined.--
``(A) In general.--For purposes of this subsection,
the term `investment security' means marketable
obligations evidencing the indebtedness of any person
in the form of bonds, notes, or debentures and other
instruments commonly referred to as investment
securities.
``(B) Further definition by board.--The Board may
further define the term `investment security'.
``(4) Clarification of Prohibition on Stock Ownership.--No
provision of this subsection shall be construed as authorizing
a Federal credit union to purchase shares of stock of any
corporation for the credit union's own account, except as
otherwise permitted by law.''.
SEC. 304. INCREASE IN GENERAL 12-YEAR LIMITATION OF TERM OF FEDERAL
CREDIT UNION LOANS TO 15 YEARS.
Section 107(a)(5) of the Federal Credit Union Act (12 U.S.C.
1757(5)) (as so designated by section 303 of this title) is amended--
(1) in the matter preceding subparagraph (A), by striking
``to make loans, the maturities of which shall not exceed
twelve years except as otherwise provided herein'' and
inserting ``to make loans, the maturities of which shall not
exceed 15 years or any longer maturity as the Board may allow,
in regulations, except as otherwise provided in this Act'';
(2) in subparagraph (A), by striking clause(ii);
(3) by redesignating clauses (iii) through (x) as clauses
(ii) through (ix), respectively; and
(4) by inserting ``and'' after the semicolon at the end of
clause (viii) (as so redesignated).
SEC. 305. INCREASE IN 1 PERCENT INVESTMENT LIMIT IN CREDIT UNION
SERVICE ORGANIZATIONS.
Section 107(a)(7)(I) of the Federal Credit Union Act (12 U.S.C.
1757(7)(I)) (as so designated by section 303 of this title) is amended
by striking ``up to 1 per centum of the total paid'' and inserting ``up
to 3 percent of the total paid''.
SEC. 306. MEMBER BUSINESS LOAN EXCLUSION FOR LOANS TO NONPROFIT
RELIGIOUS ORGANIZATIONS.
Section 107A(a) of the Federal Credit Union Act (12 U.S.C.
1757a(a)) is amended by inserting ``, excluding loans made to nonprofit
religious organizations,'' after ``total amount of such loans''.
SEC. 307. SALE OF CHECKS TO PERSONS IN THE FIELD OF MEMBERSHIP OF THE
CREDIT UNION.
Subsection (a) (as so designated by section 303 of this title) of
section 107 of the Federal Credit Union Act (12 U.S.C. 1757) is
amended--
(1) by redesignating paragraphs (13), (14), (15), (16), and
(17) as paragraphs (14), (15), (16), (17), and (1
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8),
respectively; and
(2) by inserting after paragraph (12) the following new
paragraph:
``(13) in accordance with rules and regulations prescribed
by the Board, to sell to persons in the field of membership of
the credit union negotiable checks (including travelers
checks), and to cash checks for persons in the field of
membership, for a fee;''.
SEC. 308. VOLUNTARY MERGERS AND CONVERSIONS INVOLVING MULTIPLE COMMON-
BOND CREDIT UNIONS WITHOUT NUMERICAL LIMITATION.
(a) In General.--Section 109 of the Federal Credit Union Act (12
U.S.C. 1759) is amended by adding at the end the following new
subsection:
``(h) Merger or Conversions Involving Multiple Common-Bond Credit
Unions.--In the case of--
``(1) a merger involving a Federal credit union described
in subsection (b)(2) approved by the Board on or after August
7, 1998; or
``(2) a conversion of a Federal credit union described in
subsection (b)(2) to a credit union described in subsection
(b)(3) and approved by the Board on or after August 7, 1998,
the numerical limitation contained in subsection (d)(1) shall not apply
to such merger or conversion, and the resulting Federal credit union
may retain in the membership field of such credit union all groups that
were served by a merging or converting Federal credit union at the time
of the merger or conversion.''.
(b) Technical and Conforming Amendments.--
(1) Section 109(d)(1) of the Federal Credit Union Act (12
U.S.C. 1759(d)(1)) is amended by inserting ``and subsection
(h)'' after ``provided in paragraph (2)''.
(2) Section 109(d)(2) of the Federal Credit Union Act (12
U.S.C. 1759(d)(2)) is amended--
(A) by inserting ``or'' after the semicolon at the
end of subparagraph (A);
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as
subparagraph (B).
TITLE IV--DEPOSITORY INSTITUTION PROVISIONS
SEC. 401. EASING RESTRICTIONS ON INTERSTATE BRANCHING AND MERGERS.
(a) De Novo Interstate Branches of National Banks.--
(1) In general.--Section 5155(g)(1) of the Revised Statutes
of the United States (12 U.S.C. 36(g)(1)) is amended by
striking ``maintain a branch if--` and all that follows through
the end of subparagraph (B) and inserting ``maintain a
branch.''.
(2) Clerical Amendment.--The heading for subsection (g) of
section 5155 of the Revised Statutes of the United States is
amended by striking ``State `Opt-In' Election to Permit''.
(b) De Novo Interstate Branches of State Nonmember Banks.--
(1) In general.--Section 18(d)(4)(A) of the Federal Deposit
Insurance Act (12 U.S.C. 1828(d)(4)(A)) is amended by striking
``maintain a branch if--` and all that follows through the end
of clause (ii) and inserting ``maintain a branch.''.
(2) Clerical Amendment.--The heading for paragraph (4) of
section 18(d) of the Federal Deposit Insurance Act is amended
by striking ``State `opt-in' election to permit interstate''
and inserting ``Interstate''.
(c) De Novo Interstate Branches of State Member Banks.--The 3rd
undesignated paragraph of section 9 of the Federal Reserve Act (12
U.S.C. 321) is amended by adding at the end the following new
sentences: ``A State member bank may establish and operate a de novo
branch in a host State (as such terms are defined in section 18(d) of
the Federal Deposit Insurance Act) on the same terms and conditions and
subject to the same limitations and restrictions as are applicable to
the establishment of a de novo branch of a national bank in a host
State under section 5155(g) of the Revised Statutes of the United
States. Such section 5155(g) shall be applied for purposes of the
preceding sentence by substituting `Board of Governors of the Federal
Reserve System' for `Comptroller of the Currency' and `State member
bank' for `national bank'.''.
(d) Interstate Merger of Banks.--
(1) Merger of insured bank and noninsured bank.--Section
44(a)(1) of the Federal Deposit Insurance Act (12 U.S.C.
1831u(a)(1)) is amended)--
(1) by striking ``After June 1, 1997, the'' and inserting
``The''; and
(2) by inserting ``or between an insured bank and a
noninsured bank with different home States,'' after ``insured
banks with different home States,''.
(2) Nonunisured national bank merger with other noninsured
bank.--Subsection (b) of section 4 of the National Bank
Consolidation and Merger Act (12 U.S.C. 215a-1(b)) is amended
to read as follows:
``(b) Merger of Noninsured National Bank With Another Noninsured
Bank.--A noninsured national bank may engage in a consolidation or
merger with any non-insured out-of-State bank, whether such out-of-
State bank is a national bank or a State bank.''.
(e) Technical and Conforming Amendments.--
(1) Section 44 of the Federal Deposit Insurance Act (12
U.S.C. 1931u) is amended--
(A) in subsection (a), by striking paragraphs (5)
and (6);
(B) in subsection (e), by striking ``paragraph (2),
(4), or (5)'' and inserting ``paragraph (2) or (4)'';
and
(C) in subsection (g)(10), by striking ``section
18(c)(2)'' and inserting ``paragraph (1) or (2) of
section 18(c)''.
(2) Section 3(d) of the Bank Holding Company Act of 1956
(12 U.S.C. 1842(d)) is amended--
(A) in paragraph (1)--
(i) by striking subparagraphs (B) and (C);
and
(ii) by redesignating subparagraph (D) as
subparagraph (B); and
(B) in paragraph (5), by striking ``subparagraph
(B) or (D)'' and inserting ``subparagraph (B)''.
(3) Subsection (c) of section 4 of the National Bank
Consolidation and Merger Act (12 U.S.C. 215a-1(c)) is amended--
(A) by striking ``(c) Definitions.--The terms'' and
inserting the following:
``(c) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Home state; out-of-state bank.--The terms''; and
(B) by adding at the end the following new
paragraphs:
``(2) Noninsured national bank.--The term `noninsured
national bank' means a national bank that is a noninsured bank.
``(3) Noninsured bank.--The term `noninsured bank' has the
same meaning as in section 3(h) of the Federal Deposit
Insurance Act.''.
SEC. 402. STATUTE OF LIMITATIONS FOR JUDICIAL REVIEW OF APPOINTMENT OF
A RECEIVER FOR DEPOSITORY INSTITUTIONS.
(a) National Banks.--Section 2 of the National Bank Receivership
Act (12 U.S.C. 191) is amended--
(1) by striking ``Section 2. The Comptroller of the
Currency'' and inserting the following:
``SEC. 2. APPOINTMENT OF RECEIVER FOR A NATIONAL BANK.
``(a) In General.--The Comptroller of the Currency''; and
(2) by adding at the end the following new subsection:
``(b) Judicial Review.--If the Comptroller of the Currency appoints
a receiver under subsection (a), the national bank may, within 30 days
thereafter, bring an action in the United States district court for the
judicial district in which the home office of such bank is located, or
in the United States District Court for the District of Columbia, for
an order requiring the Comptroller of the Currency to remove the
receiver, and the court shall, upon the merits, dismiss such action or
direct the Comptroller of the Currency to r
2000
emove the receiver.''.
(b) Insured Depository Institutions.--Section 11(c)(7) of the
Federal Deposit Insurance Act (12 U.S.C. 1821(c)(7)) is amended to read
as follows:
``(7) Judicial review.--If the Corporation is appointed
(Including the appointment of the Corporation as receiver by
the Board of Directors) as conservator or receiver of a
depository institution under paragraph (4), (9), or (10), the
depository institution may, within 30 days thereafter, bring an
action in the United States district court for the judicial
district in which the home office of such depository
institution is located, or in the United States District Court
for the District of Columbia, for an order requiring the
Corporation to be removed as the conservator or receiver
(regardless of how such appointment was made), and the court
shall, upon the merits, dismiss such action or direct the
Corporation to be removed as the conservator or receiver.''.
(c) Expansion of Period for Challenging the Appointment of a
Liquidating Agent.--Subparagraph (B) of section 207(a)(1) of the
Federal Credit Union Act (12 U.S.C. 1787(a)(1)) is amended by striking
``10 days'' and inserting ``30 days''.
(d) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall apply with respect to conservators, receivers, or
liquidating agents appointed on or after the date of the enactment of
this Act.
SEC. 403. REPORTING REQUIREMENTS RELATING TO INSIDER LENDING.
(a) Reporting Requirements Regarding Loans to Executive Officers of
Member Banks.--Section 22(g) of the Federal Reserve Act (12 U.S.C.
375a) is amended--
(1) by striking paragraphs (6) and (9); and
(2) by redesignating paragraphs (7), (8), and (10) as
paragraphs (6), (7), and (8), respectively.
(b) Reporting Requirements Regarding Loans From Correspondent Banks
to Executive Officers and Shareholders of Insured Banks.--Section
106(b)(2) of the Bank Holding Company Act Amendments of 1970 (12 U.S.C.
1972(2)) is amended--
(1) by striking subparagraph (G); and
(2) by redesignating subparagraphs (H) and (I) as
subparagraphs (G) and (H), respectively.
SEC. 404. AMENDMENT TO PROVIDE AN INFLATION ADJUSTMENT FOR THE SMALL
DEPOSITORY INSTITUTION EXCEPTION UNDER THE DEPOSITORY
INSTITUTION MANAGEMENT INTERLOCKS ACT.
Section 203(1) of the Depository Institution Management Interlocks
Act (12 U.S.C. 3202(1)) is amended by striking ``$20,000,000'' and
inserting ``$100,000,000''.
SEC. 405. 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 new section:
``SEC. 49. ENFORCEMENT OF AGREEMENTS.
(a) In General.--Notwithstanding clause (i) or (ii) of section
8(b)(6)(A) or section 38(e)(2)(E), an appropriate Federal banking
agency may enforce, under section 8, the terms of--
``(1) any condition imposed in writing by the agency on a
depository institution or an institution-affiliated party
(including a bank holding company) in connection with the
granting of any application or other request concerning a
depository institution; or
``(2) any written agreement entered into between the agency
and an institution-affiliated party (including a bank holding
company).
``(b) Receiverships and Conservatorships.--After the appointment of
the Corporation as the receiver or conservator for any insured
depository institution, the Corporation may enforce any condition or
agreement described in paragraph (1) or (2) of subsection (a) involving
such institution or any institution-affiliated party (including a bank
holding company), through an action brought in an appropriate United
States district court.''.
(b) Protection of Capital of Insured Depository Institutions.--
Paragraph (1) of section 18(u) of the Federal Deposit Insurance Act (12
U.S.C. 1828(u)) is amended by striking subparagraph (B) and by
redesignating subparagraph (C) as subparagraph (B).
TITLE V--DEPOSITORY INSTITUTION AFFILIATES PROVISIONS
SEC. 501. CLARIFICATION OF CROSS MARKETING PROVISION.
Section 4(n)(5) of the Bank Holding Company Act of 1956 (12 U.S.C.
1843(n)(5)(A)) is amended--
(1) in subparagraph (B), by striking ``subsection
(k)(4)(I)'' and inserting ``subparagraph (H) or (I) of
subsection (k)(4)''; and
(2) by adding at the end the following new subparagraph:
``(C) Threshold of control.--Subparagraph (A) shall
not apply with respect to a company described or
referred to in clause (i) or (ii) of such subparagraph
if the financial holding company does not own or
control 25 percent or more of the total equity or any
class of voting securities of such company.''.
SEC. 502. AMENDMENT TO PROVIDE THE FEDERAL RESERVE BOARD WITH
DISCRETION CONCERNING THE IMPUTATION OF CONTROL OF SHARES
OF A COMPANY BY TRUSTEES.
Section 2(g)(2) of the Bank Holding Company Act of 1956 (12 U.S.C.
1841(g)(2)) is amended by inserting ``, unless the Board determines
that such treatment is not appropriate in light of the facts and
circumstances of the case and the purposes of the Act'' before the
period at the end.
SEC. 503. ELIMINATING GEOGRAPHIC LIMITS ON THRIFT SERVICE COMPANIES.
(a) In General.--The 1st sentence of section 5(c)(4)(B) of the Home
Owners' Loan Act (12 U.S.C. 1464(c)(4)(B)) is amended by striking
``corporation organized'' and all that follows through the period at
the end of the sentence and inserting ``company, if the entire capital
of the company is available for purchase only by savings
associations''.
(b) Technical Corrections.--
(1) The heading for subparagraph (B) of section 5(c)(4) of
the Home Owners' Loan Act (12 U.S.C. 1464(c)(4)(B)) is amended
by striking ``corporations'' and inserting ``companies''.
(2) The 2nd sentence of section 5(n)(1) of the Home Owners'
Loan Act (12 U.S.C. 1464(n)(1)) is amended by striking
``service corporations'' and inserting ``service companies''.
(3) Section 5(q)(1) of the Home Owners' Loan Act (12 U.S.C.
1464(q)(11)) is amended by striking ``service corporation''
each place such term appears in subparagraph (A), (B), (C) and
inserting ``service company''.
(4) Section 10(m)(4)(C)(iii)(II) of the Home Owners' Loan
Act (12 U.S.C. 1467a(m)(4)(C)(iii)(II)) is amended by striking
``service corporation'' each place such term appears and
inserting ``service company''.
TITLE VI--BANKING AGENCY PROVISIONS
SEC. 601. WAIVER OF EXAMINATION SCHEDULE IN ORDER TO ALLOCATE EXAMINER
RESOURCES.
Section 10(d) of the Federal Deposit Insurance Act (12 U.S.C.
1820(d)) is amended--
(1) by redesignating paragraphs (5), (6), (7), (8), (9),
and (10) as paragraphs (6), (7), (8), (9), (10), and (11),
respectively;
(2) by inserting after paragraph (4), the following new
paragraph:
``(5) Waiver of schedule when necessary to achieve safe and
sound allocation of examiner resources.--Notwithstanding
paragraphs (1), (2), (3), and (4), an appropriate Federal
banking agency may make adjustments in the examination cycle
for an insured depository institution if necessary to allocate
available resources of examiners in a manner that provides for
the safety and soundness of, and the effective examination and
supervision of, insured depository institutions.''; and
(3) in paragraphs (8) and (9), as so r
2000
edesignated, by
striking ``paragraph (6)'' and inserting ``paragraph (7)''.
SEC. 602. CREDIT CARD ACCOUNTS PERMITTED FOR BANK EXAMINERS ON SAME
TERMS AS OTHER CONSUMERS.
Section 212 of title 18, United States Code, is amended by adding
at the end the following new paragraph:
``With respect to any employee of a Federal banking agency (as
defined in section 3 of the Federal Deposit Insurance Act) including
any examiner or assistant examiner, the provisions of this section and
section 213 shall not prohibit such employee from applying for, or
being a cardholder under, any credit card account under an open end
consumer credit plan (as such terms are defined in the Truth in Lending
Act), to the extent the terms and conditions applicable with respect to
such account, and any credit extended under such account, are no more
favorable to the employee than the terms and conditions that are
generally applicable to credit card accounts established under open end
consumer credit plan for other consumers.''.
SEC. 603. INTERAGENCY DATA SHARING.
(a) Federal Banking Agencies.--Section 7(a)(2) of the Federal
Deposit Insurance Act (12 U.S.C. 1817(a)(2)) is amended by adding at
the end the following new subparagraph:
``(C) Data sharing with other agencies and
persons.--In addition to reports of examination,
reports of condition, and other reports required to be
regularly provided to the Corporation (with respect to
all insured depository institutions, including a
depository institution for which the Corporation has
been appointed conservator or receiver) or an
appropriate State bank supervisor (with respect to a
State depository institution) under subparagraph (A) or
(B), a Federal banking agency may, in the agency's
discretion, furnish any report of examination or other
confidential supervisory information concerning any
depository institution or other entity examined by such
agency under authority of any Federal law, to--
``(i) any other Federal or State agency or
authority with supervisory or regulatory
authority over the depository institution or
other entity;
``(ii) to any officer, director, or
receiver of such depository institution or
entity; and
``(iii) any other institution-affiliated
party of such depository institution or entity
the Federal banking agency determines to be
appropriate.''.
(b) National Credit Union Administration.--Section 202(a) of the
Federal Credit Union Act (12 U.S.C. 1782(a)) is amended by adding at
the end the following new paragraph:
``(8) Data sharing with other agencies and persons.--In
addition to reports of examination, reports of condition, and
other reports required to be regularly provided to the Board
(with respect to all insured credit unions, including a credit
union for which the Corporation has been appointed conservator
or liquidating agent) or an appropriate State commission,
board, or authority having supervision of a State-chartered credit
union, the Board may, in the Board's discretion, furnish any report of
examination or other confidential supervisory information concerning
any credit union or other entity examined by the Board under authority
of any Federal law, to--
``(i) any other Federal or State agency or
authority with supervisory or regulatory
authority over the credit union or other
entity;
``(ii) to any officer, director, or
receiver of such credit union or entity; and
``(iii) any other institution-affiliated
party of such credit union or entity the Board
determines to be appropriate.''.
SEC. 604. PENALTY FOR UNAUTHORIZED PARTICIPATION BY CONVICTED
INDIVIDUAL.
(a) Section 19 of the Federal Deposit Insurance Act (12 U.S.C.
1829) is amended by adding at the end the following new subsection:
``(c) Uninsured Banks.--
``(1) In general.--Subsections (a) and (b) shall apply to a
noninsured national bank, a noninsured State member bank, and
any agency or noninsured branch of a foreign bank as if such
bank, branch, or agency were an insured depository institution.
``(2) Appropriate enforcement agency.--Paragraph (1) shall
be applied by substituting the appropriate agency for the term
``Corporation'' as follows:
``(A) The Comptroller of the Currency, in the case
of a noninsured national bank or any Federal agency or
noninsured Federal branch of a foreign bank.
``(B) the Board of Governors of the Federal Reserve
System, in the case of a noninsured State member bank
or any State agency or noninsured State branch of a
foreign bank.
``(3) Definitions.--For purposes of this section, the
following definitions shall apply:
``(A) Agency, branch, federal agency, state agency,
and state branch.--The terms `agency', `branch',
`Federal agency', `State agency', and `State branch'
have the same meaning as in section 1(b) of the
International Banking Act of 1978.
``(B) Noninsured branch.--The term `noninsured
branch' means a branch that is not an insured
branch.''.
(1) by striking ``Corporation'' and inserting ``designated
agency''; and
(2) by striking ``insured depository institution'' in
clauses (i), (ii), and (iii) of subparagraph (A) and in
subparagraph (B) and inserting ``depository institution''.
(b) Designated Agency Defined.--Section 19(a) of the Federal
Deposit Insurance Act (12 U.S.C. 1829(a)) is amended by adding at the
end the following new paragraph:
``(3) Designated agency defined.--For purposes of paragraph
(1), the term `designated agency' means--
``(A) the Corporation, in the case of an insured
depository institution or an uninsured State nonmember
bank;
``(B) the Comptroller of the Currency, in the case
of an uninsured national bank or an uninsured Federal
branch or agency of a foreign bank; and
``(C) the Board of Governors of the Federal Reserve
System, in the case of an uninsured State member bank
or an uninsured State branch or agency of a foreign
bank.''.
SEC. 605. AMENDMENT PERMITTING THE DESTRUCTION OF OLD RECORDS OF A
DEPOSITORY INSTITUTION BY THE FDIC AFTER THE APPOINTMENT
OF THE FDIC AS RECEIVER.
Section 11(d)(15)(D) of the Federal Deposit Insurance Act (12
U.S.C. 1821(d)(15)(D)) is amended--
(1) by striking ``Recordkeeping requirement.--After the end
of the 6-year period'' and inserting ``Recordkeeping
requirement.--
``(i) In general.--Except as provided in
clause (ii), after the end of the 6-year
period''; and
(2) by adding at the end the following new clause:
``(ii) Old records.--In the case of records
of an insured depository institution which are
at least 10 years old
2000
as of the date the
Corporation is appointed as the receiver of
such depository institution, the Corporation
may destroy such records in accordance with
clause (i) any time after such appointment is
final without regard to the 6-year period of
limitation contained in such clause.
SEC. 606. MODERNIZATION OF FDIC RECORDKEEPING REQUIREMENT.
Subsection (f) of section 10 of the Federal Deposit Insurance Act
(12 U.S.C. 1820(f)) is amended to read as follows:
``(f) Preservation of Agency Records.--
``(1) In general.-- The Corporation may cause any and all
records, papers, or documents kept by the Corporation or in the
possession or custody of the Corporation to be--
``(A) photographed or microphotographed or
otherwise reproduced upon film; or
``(B) preserved in any electronic medium or format
which is capable of--
``(i) being read or scanned by computer;
and
``(ii) being reproduced from such
electronic medium or format by printing or any
other form of reproduction of electronically
stored data.
``(2) Treatment as original records.--Any photographs,
microphotographs, or photographic film or copies thereof
described in paragraph (1)(A) or reproduction of electronically
stored data described in paragraph (1)(B) shall be deemed to be an
original record for all purposes, including introduction in evidence in
all State and Federal courts or administrative agencies and shall be
admissible to prove any act, transaction, occurrence, or event therein
recorded.
``(3) Authority of the board of directors.--Any
photographs, microphotographs, or photographic film or copies
thereof described in paragraph (1)(A) or reproduction of
electronically stored data described in paragraph (1)(B) shall
be preserved in such manner as the Board of Directors shall
prescribe and the original records, papers, or documents may be
destroyed or otherwise disposed of as the Board of Directors
may direct.''.
SEC. 607. REPEAL OF MINIMUM ANTITRUST REVIEW PERIOD WITH THE AGREEMENT
OF THE ATTORNEY GENERAL.
(a) Antitrust Reviews Under the Bank Holding Company Act of 1956.--
The 4th sentence of section 11(b) of the Bank Holding Company Act of
1956 (12 U.S.C. 1849(b) is amended by striking ``, but in no event less
than fifteen calendar days after the date of approval''.
(b) Antitrust Reviews Under the Federal Deposit Insurance Act.--The
last sentence of section 18(c)(6) of the Federal Deposit Insurance Act
(12 U.S.C. 1828(c)(6)) is amended by striking ``, but in no event less
than 15 calendar days after the date of approval''.
SEC. 608. CLARIFICATION OF EXTENT OF SUSPENSION, REMOVAL, AND
PROHIBITION AUTHORITY OF FEDERAL BANKING AGENCIES IN
CASES OF CERTAIN CRIMES BY INSTITUTION-AFFILIATED
PARTIES.
(a) Insured Depository Institution.--
(1) In general.--Section 8(g)(1) of the Federal Deposit
Insurance Act (12 U.S.C. 1818(g) is amended--
(A) in subparagraph (A), by striking ``the
depository'' each place such term appears and inserting
``any depository'';
(B) in subparagraph (B), by inserting ``of which
the subject of the order is an institution-affiliated
party'' before the period at the end;
(C) in subparagraph (C), by striking ``the
depository'' each place such term appears and inserting
``any depository'';
(D) in subparagraph (D)(i), by inserting ``of which
the subject of the order is an institution-affiliated
party'' after ``upon the depository institution''; and
(E) by adding at the end the following new
subparagraph:
``(E) Continuation of authority.--A Federal banking
agency may issue an order under this paragraph with
respect to an individual who is an institution-
affiliated party at a depository institution at the
time of an offense described in subparagraph (A)
without regard to--
``(A) whether such individual is an institution-
affiliated party at any depository institution at the
time the order is considered or issued by the agency;
or
``(B) whether the depository institution at which
the individual was an institution-affiliated party at
the time of the offense remains in existence at the
time the order is considered or issued by the
agency.''.
(2) Clerical amendment.--Section 8(g) of the Federal
Deposit Insurance Act (12 U.S.C. 1818(g) is amended by striking
``(g)'' and inserting the following new subsection heading:
``(g) Suspension, Removal, and Prohibition From Participation
Orders in the Case of Certain Criminal Offenses.--''.
(b) Insured Credit Unions.--
(1) In general.--Section 206(i)(1) of the Federal Credit
Union Act (12 U.S.C. 1786(i)(1)) is amended--
(A) in subparagraph (A), by striking ``the credit
union'' each place such term appears and inserting
``any credit union'';
(B) in subparagraph (B)(i), by inserting ``of which
the subject of the order is, or most recently was, an
institution-affiliated party'' before the period at the
end;
(C) in subparagraph (C), by striking ``the credit
union'' each place such term appears and inserting
``any credit union'';
(D) in subparagraph (D)(i), by striking ``upon such
credit union'' and inserting ``upon the credit union of
which the subject of the order is, or most recently
was, an institution-affiliated party''; and
(E) by adding at the end the following new
subparagraph:
``(E) Continuation of authority.--The Board may
issue an order under this paragraph with respect to an
individual who is an institution-affiliated party at a
credit union at the time of an offense described in
subparagraph (A) without regard to--
``(i) whether such individual is an
institution-affiliated party at any credit
union at the time the order is considered or
issued by the Board; or
``(ii) whether the credit union at which
the individual was an institution-affiliated
party at the time of the offense remains in
existence at the time the order is considered
or issued by the Board.''.
(2) Clerical amendment.--Section 206(i) of the Federal
Credit Union Act (12 U.S.C. 1786(i)) is amended by striking
``(i)'' at the beginning and inserting the following new
subsection heading:
``(i) Suspension, Removal, and Prohibition From Participation
Orders in the Case of Certain Criminal Offenses.--''.
SEC. 609. STREAMLINING DEPOSITORY INSTITUTION MERGER APPLICATION
REQUIREMENTS.
(a) In General.--Paragraph (4) of section 18(c) of the Federal
Deposit Insurance Act (12 U.S.C. 1828(c)) is amended to read as
follows:
`
1998
`(4) Reports on competitive factors.--
``(A) Request for report.--In the interests of
uniform standards, before acting on any application for
approval of a merger transaction, the responsible
agency, unless the agency finds that it must act
immediately in order to prevent the probable failure of
a depository institution involved, shall--
``(i) request a report on the competitive
factors involved from the Attorney General; and
``(ii) provide a copy of the request to the
Corporation (when the Corporation is not the
responsible agency).
``(B) Furnishing of report.--The report requested
under subparagraph (A) shall be furnished by the
Attorney General to the responsible agency--
``(i) not more than 30 calendar days after
the date on which the Attorney General received
the request; or
``(ii) not more than 10 calendar days after
such date, if the requesting agency advises the
Attorney General that an emergency exists
requiring expeditious action.''.
(b) Technical and Conforming Amendment.--The penultimate sentence
of section 18(c)(6) of the Federal Deposit Insurance Act (12 U.S.C.
1828(c)(6)) is amended to read as follows: ``If the agency has advised
the Attorney General under paragraph (4)(B) of the existence of an
emergency requiring expeditious action and has requested a report on
the competitive factors within 10 days, the transaction may not be
consummated before the fifth calendar day after the date of approval by
the agency.''.
SEC. 610. INCLUSION OF DIRECTOR OF THE OFFICE OF THRIFT SUPERVISION IN
LIST OF BANKING AGENCIES REGARDING INSURANCE CUSTOMER
PROTECTION REGULATIONS.
Section 47(g)(2)(B)(i) of the Federal Deposit Insurance Act (12
U.S.C. 1831x(g)(2)(B)(i)) is amended by inserting ``the Director of the
Office of Thrift Supervision,'' after ``Comptroller of the Currency,''.
TITLE VII--CLERICAL AND TECHNICAL AMENDMENTS
SEC. 701. CLERICAL AMENDMENTS TO THE HOME OWNERS' LOAN ACT.
(a) Amendment to Table of Contents.--The table of contents in
section 1 of the Home Owners' Loan Act (12 U.S.C. 1461) is amended by
striking the item relating to section 6 and inserting the following new
item:
``Sec. 6. [Repealed]''.
(b) Clerical Amendments to Headings.--
(1) The heading for section 4(a) of the Home Owners' Loan
Act (12 U.S.C. 1463(a)) is amended by striking ``(a) Federal
Savings Associations.--'' and inserting ``(a) General
Responsibilities of the Director.--''.
(2) The section heading for section 5 of the Home Owners'
Loan Act (12 U.S.C. 1464) is amended to read as follows:
``SEC. 5. SAVINGS ASSOCIATIONS.''.
SEC. 702. TECHNICAL CORRECTIONS TO THE FEDERAL CREDIT UNION ACT.
The Federal Credit Union Act (12 U.S.C. 1751 et seq.) is amended as
follows:
(1) In section 101(3), strike ``and'' after the semicolon.
(2) In section 101(5), strike the terms ``account account''
and ``account accounts'' each place any such term appears and
insert ``account''.
(3) In section 107(a)(5)(A)(ix), insert ``and'' after the
semicolon.
(4) In section 107(a)(5)(E), strike the period at the end
and insert a semicolon.
(5) In paragraphs (6) and (7) of section 107(a), strike the
period at the end and insert a semicolon.
(6) In section 107(a)(7)(D), strike ``the Federal Savings
and Loan Insurance Corporation or''.
(7) In section 107(a)(7)(E), strike ``the Federal Home Loan
Bank Board,'' and insert ``the Federal Housing Finance
Board,''.
(8) In section 107(a)(9), strike ``subchapter III'' and
insert ``title III''.
(9) In section 107(a)(13), strike the ``and'' after the
semicolon at the end.
(10) In section 109(c)(2)(i), strike ``(12 U.S.C.
4703(16))''.
(11) In section 120(h), strike ``under the Act approved
July 30, 1947 (6 U.S.C., secs. 6-13),'' and insert ``chapter 93
of title 31, United States Code,''.
(12) In section 201(b)(5), strike ``section 116 of''.
(13) In section 202(h)(3), strike ``section 207(c)(1)'' and
insert ``section 207(k)(1)''.
(14) In section 204(b), strike ``such others powers'' and
insert ``such other powers''.
(15) In section 206(e)(3)(D), strike ``and'' after the
semicolon at the end.
(16) In section 206(f)(1), strike ``subsection (e)(3)(B)''
and insert ``subsection (e)(3)''.
(17) In section 206(g)(7)(D), strike ``and subsection
(1)''.
(18) In section 206(t)(2)(B), insert ``regulations'' after
``as defined in''.
(19) In section 206(t)(2)(C), strike ``material affect''
and insert ``material effect''.
(20) In section 206(t)(4)(A)(ii)(II), strike ``or'' after
the semicolon at the end.
(21) In section 206A(a)(2)(A), strike ``regulator agency''
and insert ``regulatory agency''.
(22) In section 207(c)(5)(B)(i)(I), insert ``and'' after
the semicolon at the end.
(23) In section 207(c)(8)(D)(ii)(I), insert a closing
parenthesis after ``Act of 1934''.
(24) In the heading for subparagraph (A) of section
207(d)(3), strike ``to'' and insert ``with''.
(25) In section 207(f)(3)(A), strike ``category or
claimants'' and insert ``category of claimants''.
(26) In section 209(a)(8), strike the period at the end and
insert a semicolon.
(27) In section 216(n), insert ``any action'' before ``that
is required''.
(28) In section 304(b)(3), strike ``the affairs or such
credit union'' and insert ``the affairs of such credit union''.
(29) In section 310, strike ``section 102(e)'' and insert
``section 102(d)''.
<all>
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