SEC. 1. Federal Deposit Insurance Corporation
SEC. 2. Management
(a)
Board of Directors
(b)
Chairperson and Vice Chairperson
(c)
Terms
(d)
Vacancy
(e)
Ineligibility for other offices
(f)
Status of employees
SEC. 3. Definitions
(a)
Definitions of bank and related terms
(b)
Definitions of savings associations and related terms
(c)
Definitions relating to depository institutions
(d)
Definitions relating to member banks
(e)
Definitions relating to nonmember banks
(f)
Mutual savings bank
(g)
Savings bank
(h)
Insured bank
(i)
New depository institution and bridge depository institution
defined
(j)
Receiver
(k)
Board of Directors
(l)
Deposit
(m)
Insured deposit
(n)
Transferred deposit
(o)
Domestic branch
(p)
Trust funds
(q)
Appropriate Federal banking agency
(r)
State bank supervisor
(s)
Definitions relating to foreign banks and branches
(t)
Includes, including
(u)
Institution-affiliated party
(v)
Violation
(w)
Definitions relating to affiliates of depository institutions
(x)
Definitions relating to default
(y)
Definitions relating to deposit insurance fund
(z)
Federal banking agency
SEC. 4. Insured depository institutions
(a)
Continuation of insurance
(b)
Continuation of insurance upon becoming a member bank
(c)
Continuation of insurance after conversion
(d)
Continuation of insurance after merger or consolidation
SEC. 5. Deposit Insurance
(a)
Application to Corporation required
(b)
Foreign branch nonmember banks; matters considered
(c)
Protection to Deposit Insurance Fund; surety bond, pledge of assets,
etc.; injunction
(d)
Insurance fees
(e)
Liability of commonly controlled depository institutions
SEC. 6. Factors to be considered
SEC. 7. Assessments
(a)
Reports of condition; access to reports
(b)
Assessments
(c)
Certified statements; payments
(d)
Corporation exempt from apportionment
(e)
Refunds, dividends, and credits
(f)
Action against depository institutions failing to file certified
statements
(g)
Assessment actions
(h)
Forfeiture of rights for failure to comply with law
(i)
Insurance of trust funds
(j)
Change in control of insured depository institutions
(k)
Federal banking agency rules and regulations for reports and public
disclosure by banks of extension of credit to executive officers or
principal shareholders or the related interests of such persons
(l)
Designation of fund membership for newly insured depository
institutions; definitions
(m)
Secondary reserve offsets against premiums
(n)
Collections on behalf of Comptroller of the Currency
SEC. 8. Termination of status as insured depository institution
(a)
Termination of insurance
(b)
Cease-and-desist proceedings
(c)
Temporary cease-and-desist orders
(d)
Temporary cease-and-desist orders; enforcement
(e)
Removal and prohibition authority
(f)
Stay of suspension and/or prohibition of institution-affiliated
party
(g)
Suspension, removal, and prohibition from participation orders in the
case of certain criminal offenses
(h)
Hearings and judicial review
(i)
Jurisdiction and enforcement; penalty
(j)
Criminal penalty
(k)
[Repealed]
(l)
Notice of service
(m)
Notice to State authorities
(n)
Ancillary provisions; subpoena power, etc.
(o)
Termination of membership of State bank in Federal Reserve System
(p)
Banks not receiving deposits
(q)
Assumption of liabilities
(r)
Action or proceeding against foreign bank; basis; removal of officer or
other person; venue; service of process
(s)
Compliance with monetary transaction recordkeeping and report
requirements
(t)
Authority of FDIC to take enforcement action against insured depository
institutions and institution-affiliated parties
(u)
Public disclosures of final orders and agreements
(v)
Foreign investigations
(w)
Termination of insurance for money laundering or cash transaction
reporting offenses
SEC. 9. Corporate Powers
SEC. 10. Administration of Corporation
(a)
Board of Directors; use of mails; cooperation with other Federal
agencies
(b)
Examinations
(c)
Administration of oaths and affirmations; evidence; subpoena powers
(d)
Annual on-site examinations of all insured depository institutions
required
(e)
Examination fees
(f)
Preservation of agency records
(g)
Authority to prescribe regulations and definitions
(h)
Coordination of examination authority
(i)
Flood insurance compliance by insured depository institutions
(j)
Consultation among examiners
(k)
One-year restrictions on Federal examiners of financial
institutions
SEC. 10A. Examination of investment companies
(a)
Exclusive Commission authority
(b)
Examination results and other information
(c)
Certain examinations
(d)
Definitions
SEC. 11. Insurance Funds
(a)
Deposit insurance
(b)
Liquidation as closing of depository institution
(c)
Appointment of Corporation as conservator or receiver
(d)
Powers and duties of Corporation as conservator or receiver
(e)
Provisions relating to contracts entered into before appointment of
conservator or receiver
(f)
Payment of insured deposits
(g)
Subrogation of Corporation
(h)
Conditions applicable to resolution proceedings
(i)
Valuation of claims in default
(j)
Limitation on court action
(k)
Liability of directors and officers
(l)
Damages
(m)
New depository institutions
(n)
Bridge depository institutions
(o)
Supervisory records
(p)
Certain sales of assets prohibited
(q)
Expedited procedures for certain claims
(r)
Foreign investigations
(s)
Prohibition on entering secrecy agreements and protective orders
(t)
Agencies may share information without waiving privilege
(u)
Purchase rights of tenants
(v)
Preference for sales for homeless families
(w)
Preferences for sales of certain commercial real properties
SEC. 11A. FSLIC Resolution Fund
(a)
Established
(b)
Source of funds
(c)
Treasury backup
(d)
Legal proceedings
(e)
Transfer of net proceeds from sale of RTC assets
(f)
Dissolution
SEC. 12. Corporation as receiver
(a)
Bond not required; agents; fee
(b)
Payment of insured deposit as discharge from liability
(c)
Recognition of claimant not on depository institution records
(d)
Withholding payments to meet liability to depository institution
(e)
Disposition of unclaimed deposits
(f)
Conflict of interest
SEC. 13. Corporation monies
(a)
Investment of Corporation's funds
(b)
Depository accounts
(c)
Assistance to insured depository institutions
(d)
Sale of assets to Corporation
(e)
Agreements against interests of Corporation
(f)
Assisted emergency interstate acquisitions
(g)
Payment of interest on stock subscriptions
(h)
Reopening or aversion of closing of insured branch of foreign bank
(i)
[Repealed]
(j)
Loan loss amortization for certain banks
(k)
Emergency acquisitions
SEC. 14. Borrowing authority
(a)
Borrowing from Treasury
(b)
Borrowing from Federal Financing Bank
(c)
Repayment schedules required for any borrowing
(d)
Borrowing for the Deposit Insurance Fund from insured depository
institutions
(e)
Borrowing for the Deposit Insurance Fund from Federal Home Loan
Banks
SEC. 15. Issuance of notes, debentures, bonds, and other obligations; exemption
SEC. 16. Forms of obligations; preparation by Secretary of the Treasury
SEC. 17. Reports by corporation; audit of financial transactions; report on audits; employment of certified public accountants for audits
(a)
Annual reports on the Deposit Insurance Fund and the FSLIC Resolution
Fund
(b)
Quarterly reports to Treasury
(c)
Reports to OMB
(d)
Audit
(e)
Audit of Corporation
(f)
Report of audit
(g)
Assistance in audit; costs
SEC. 18. Regulations governing insured depository institutions
(a)
Representations of deposit insurance
(b)
Payment of dividends by defaulting depository institution
(c)
Merger transactions; consent of banking agencies; emergency approval;
notice; uniform standards; antitrust actions; review de novo;
limitations; report to Congress; money laundering; applicability
(d)
Branch banks
(e)
Indemnity insurance
(f)
Publication of reports
(g)
[Repealed]
(h)
Penalty for failure to timely pay assessments
(i)
Reduction or retirement of capital stock, notes, or debentures;
conversion of insured Federal depository institutions to insured State
banks or noninsured institutions; consent of banking agencies;
applicability
(j)
Restrictions on transactions with affiliates and insiders
(k)
Authority to regulate or prohibit certain forms of benefits to
institution- affiliated parties
(l)
Acquisition of foreign banks or entities
(m)
Activities of savings associations and their subsidiaries
(n)
Calculation of Capital
(o)
Real estate lending
(p)
Periodic review of capital standards
(q)
Sovereign risk
(r)
Subsidiary depository institutions as agents for certain affiliates
(s)
Prohibition on certain affiliations
(t)
Recordkeeping requirements
(u)
Limitation on claims
(v)
Loans by insured institutions on their own stock
(w)
Written employment references may contain suspicions of involvement in
illegal activity
(x)
Privileges not affected by disclosure to banking agency or
supervisor
(y)
State lending limit treatment of derivatives transactions
(z)
General prohibition on sale of assets
(aa)
Treatment of certain municipal obligations.
SEC. 18a. Prudential safeguards
(a)
Comptroller of the Currency
(b)
Board of Governors of the Federal Reserve System
(c)
Federal Deposit Insurance Corporation
SEC. 18b. Interagency data sharing
SEC. 19. Penalty for unauthorized participation by convicted individual
(a)
Prohibition
(b)
Penalty
(c)
Exceptions
(d)
Bank holding companies
(e)
Savings and loan holding companies
(f)
Consent applications
(g)
Definitions
SEC. 20. Participation by State nonmember insured banks in lotteries and related activities.
(a)
Prohibited activities
(b)
Use of banking premises prohibited
(c)
Definitions
(d)
Lawful banking services connected with operation of lottery
(e)
Regulations; enforcement
SEC. 21. Retention of records by insured depository institutions
(a)
Congressional findings and declaration of purpose
(b)
Recordkeeping regulations
(c)
Identity of persons having accounts and persons authorized to act with
respect to such accounts; exemptions
(d)
Reproduction of checks, drafts, and other instruments; record of
transactions; identity of party
(e)
Identity of persons making reportable currency and foreign
transactions
(f)
Additions to or substitutes for required records
(g)
Retention period
(h)
Report to Congress by Secretary of the Treasury
(i)
Application of provisions to foreign banks
(j)
Civil penalties
SEC. 22. Nondiscrimination
SEC. 23. Separability of certain provisions of this chapter
SEC. 24. Activities of insured state banks
(a)
Permissible activities
(b)
Insurance underwriting
(c)
Equity investments by insured state banks
(d)
Subsidiaries of insured state banks
(e)
Savings bank life insurance
(f)
Common and preferred stock investment
(g)
Determinations
(h)
Activity defined
(i)
Other authority not affected
(j)
Activities of branches of out-of-state banks
SEC. 25. Disclosures with respect to certain federally related mortgage loans
(a)
Identity of beneficiary interest as condition for a loan; report to
Corporation
(b)
Enforcement; bank status
SEC. 26. Assuring consistent oversight of subsidiaries of holding companies
(a)
Definitions
(b)
Examination requirements
(c)
State coordination
(d)
Appropriate Federal banking agency backup examination authority
(e)
Referrals for enforcement by appropriate Federal banking agency
(f)
Coordination among appropriate Federal banking agencies
(g)
Rule of construction
SEC. 27. State-chartered insured depository institutions and insured branches of foreign Banks
SEC. 28. Activities of savings associations
(a)
In general
(b)
Differences of magnitude between State and Federal Powers
(c)
Equity investments by State savings associations
(d)
Corporate debt securities not of investment grade
(e)
Transfer of corporate debt security in exchange for a qualified
note
(f)
Determinations
(g)
"Activity" defined
(h)
Other authority not affected
SEC. 29. Brokered deposits
(a)
In general
(b)
Renewals and rollovers treated as acceptance of funds
(c)
Waiver authority
(d)
Limited exception for certain conservatorships
(e)
Restriction on interest rate paid
(f)
Additional restrictions
(g)
Definitions relating to deposit broker
(h)
Deposit solicitation restricted
(i)
Limited exception for reciprocal deposits
SEC. 30. Contracts between depository institutions and persons providing goods, products, or services
SEC. 32. Agency disapproval of directors and senior executive officers of insured depository institution holding companies
(a)
Prior notice required
(b)
Disapproval by agency
(c)
Exception in extraordinary circumstances
(d)
Additional information
(e)
Standard for disapproval
(f)
Definition regulations
SEC. 33. Depository institution employee protection remedy
(a)
In general
(b)
Enforcement
(c)
Remedies
(d)
Limitation
(e)
Federal banking agency defined
(f)
Burdens of proof
SEC. 34. Reward for information leading to recoveries or civil penalties
SEC. 35 Coordination of risk analysis between SEC and Federal banking agencies
SEC. 36. Early identification of needed improvements in financial management
(a)
Annual report on financial conditions and management
(b)
Management responsibility for financial statements and
internal controls
(c)
Internal control evaluation and reporting requirements for
independent public accountants
(d)
Annual independent audits of financial statements
(e)
[Repealed]
(f)
Form and content of reports and auditing standards
(g)
Improved accountability
(h)
Exchange of reports and information
(i)
Requirements for insured subsidiaries of holding companies
(j)
Exemption for small depository institutions
SEC. 36A. Reports of information regarding safety and soundness of depository institutions
(a)
Reports to appropriate Federal banking agencies
(b)
Procedures for receipt of disclosure reports
(c)
Effect on agencies
(d)
Definitions
SEC. 37. Accounting objectives, standards, and requirements
SEC. 38. Prompt corrective action
(a)
Resolving problems to protect Deposit Insurance Funds
(b)
Definitions
(c)
Capital standards
(d)
Provisions applicable to all institutions
(e)
Provisions applicable to undercapitalized institutions
(f)
Provisions applicable to significantly undercapitalized
institutions and undercapitalized institutions that fail to submit and
implement capital restoration plans
(g)
More stringent treatment based on other supervisory criteria
(h)
Provisions applicable to critically undercapitalized institutions
(i)
Restricting activities of critically undercapitalized institutions
(j)
Certain government-controlled institutions exempted
(k)
Reviews required when Deposit Insurance Fund incurs losses
(l)
Implementation
(m)
Other authority not affected
(n)
Administrative review of dismissal orders
(o)
Transition rules for savings associations
SEC. 38A. Source of strength
(a)
Holding companies
(b)
Other companies
(c)
Authority of State Insurance Regulator
(d)
Reports
(e)
Rules
(f)
Definition
SEC. 39. Standards for safety and soundness
(a)
Operational and managerial standards
(b)
Asset quality, earnings, and stock valuation standards
(c)
Compensation standards
(d)
Standards to be prescribed
(e)
Failure to meet standards
(f)
Definitions
(g)
Other authority not affected
SEC. 40. FDIC affordable housing program
(a)
Purpose
(b)
Funding and limitations of program
(c)
Rules governing disposition of eligible single family properties
(d)
Rules governing disposition of eligible multifamily housing
properties
(e)
Rent limitations
(f)
Preferences for sales
(g)
Financing sales
(h)
Coordination with other programs
(i)
Exemption for certain transactions with insured depository
institutions
(j)
Transfer of certain eligible residential properties to state
housing agencies for disposition
(k)
Exception for sales to nonprofit organizations and public agencies
(l)
Rules governing disposition of eligible condominium property
(m)
Liability provisions
(n)
Unified affordable housing programs
(o)
Report
(p)
Definitions
(q)
Notice to clearinghouses regarding ineligible properties
SEC. 41. Payments on foreign deposits prohibited
SEC. 42 Notice of branch closure
(a)
Notice to appropriate federal banking agency
(b)
Notice to customers
(c)
Adoption of policies
(d)
Branch closures in interstate banking or branching operations
(e)
Scope of application
SEC. 43 Depository institutions lacking federal deposit insurance
(a)
Annual independent audit of private deposit insurers
(b)
Disclosure required
(c)
Manner and content of disclosure
(d)
Exceptions for institutions not receiving retail deposits
(e)
Definitions
(f)
Enforcement
SEC. 44 Interstate bank mergers
(a)
Approval of interstate merger transactions authorized
(b)
Provisions relating to application and approval process
(c)
Applicability of certain laws to interstate banking operations
(d)
Operations of the resulting bank
(e)
Exceptions for banks in default or in danger of default
(f)
Applicable rate and other charge limitations
(g)
Definitions
SEC. 45 Authority of state insurance regulator and Securities and Exchange Commission
SEC. 46 Safety and soundness firewalls applicable to financial subsidiaries of banks
(a)
In general
(b)
Preservation of existing subsidiaries
(c)
Definitions
(d)
Preservation of authority
SEC. 47 Insurance customer protections
(a)
Regulations required
(b)
Sales practices
(c)
Disclosures and advertising
(d)
Separation of banking and nonbanking activities
(e)
Domestic violence discrimination prohibition
(f)
Consumer grievance process
(g)
Effect on other authority
(h)
Non-discrimination against non-affiliated agents
SEC. 48 CRA sunshine requirements
(a)
Public disclosure of agreements
(b)
Annual report of activity by insured depository Institution
(c)
Annual report of activity by nongovernmental entities
(d)
Applicability
(e)
Definitions
(f)
Violations
(g)
Rule of construction
(h)
Regulations
SEC. 49. Bi-Annual FDIC survey and report on encouraging use of depository institutions by the unbanked
SEC. 50. Enforcement of Agreements
SEC. 51. Capital requirements for certain acquisition, development, or construction loans
SEC. 52. Data standards
SEC. 53. Open data publication
[End of FDI Act]
SEC. 213. Making online banking initiation legal and easy
SEC. 2. Withdrawals by negotiable or transferable instruments for transfers to their parties
(a)
Authority of depository institution; applicability
(b)
"Depository institution" defined
(c)
Fine
SEC. 951. Civil Penalties
(a)
In general
(b)
Maximum amount of penalty
(c)
Violations to which penalty is applicable
(d)
Effective date
(e)
Attorney to bring action
(f)
Burden of proof
(g)
Administrative procedures
(h)
Statute of limitations
SEC. 1206. Comparability in compensation schedules
SEC. 1213. Comptroller General audit and access to records
(a)
Audit of agencies or other persons performing functions under banking
laws
(b)
Audit of persons providing certain goods or services
(c)
Provisions applicable to audits under this section
SEC. 1216. Equal opportunity
(a)
In general
(b)
Affirmative program for equal employment opportunity
(c)
Solicitation of contracts
(d)
Report to congress
SEC. 232. Reduced assessment rate for deposits attributable to lifeline accounts
SEC. 233. Assessment credits for qualifying activities relating to distressed communities
(a)
Determination of credits for increases in community enterprise
activities
(b)
"Qualified distressed community" defined
(d)
Community Enterprise Assessment Credit Board
(e)
Duties of the Board
(f)
Availability of funds
(g)
Prohibition on double funding for same activities
(h)
Priority of awards
(i)
Determination of amount of assessment credit
(j)
Definitions
SEC. 234. Community development organizations
(a)
Community development organizations described
(b)
Community development bank requirements
(c)
Community development corporation requirements
(d)
Adequate dispersal requirement
(e)
Definitions
SEC. 208. Insured depository institution capital requirements for transfers of small Business obligations
(a)
Accounting principles
(b)
Capital and reserve requirements
(c)
Qualified institutions criteria
(d)
Aggregate amount of recourse
(e)
Institutions that cease to be qualified or exceed aggregate
limits
(f)
Prompt corrective action not affected
(g)
Regulations required
(h)
Alternative system permitted
(i)
Definitions
SEC. 109. Prohibition against deposit production offices
(a)
Regulations
(b)
Guidelines for meeting credit needs
(c)
Limitations on out-of-state loans
(d)
Application
(e)
Definitions