Federal Deposit Insurance Corporation Improvement Act of 1991
1ST SESSION
An Act
To require the least-cost resolution of insured depository institutions, to improve supervision and examinations, to provide additional resources to the Bank Insurance Fund, and for other purposes.
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
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Section 1. Short Title; Table of Contents.
[edit]- (a) Short Title.—
- This Act may be cited as the ``Federal Deposit Insurance Corporation Improvement Act of 1991´´.
- (b) Table of Contents [1].—
- TITLE I — SAFETY AND SOUNDNESS
- Subtitle A — Deposit Insurance Funds
- Sec. 101. Funding for the Federal deposit insurance funds.
- Sec. 102. Limitation on outstanding borrowing.
- Sec. 103. Repayment schedule.
- Sec. 104. Recapitalizing the Bank Insurance Fund.
- Sec. 105. Borrowing for BIF from BIF members.
- Subtitle A — Deposit Insurance Funds
- TITLE I — SAFETY AND SOUNDNESS
- Subtitle B — Supervisory Reforms
- Sec. 111. Improved examinations.
- Sec. 112. Independent annual audits of insured depository institutions.
- Sec. 113. Assessments required to cover costs of examinations.
- Sec. 114. Examination and supervision fees for national banks and savings associations.
- Sec. 115. Application to FDIC required for insurance.
- Subtitle B — Supervisory Reforms
- Subtitle C — Accounting Reforms
- Sec. 121. Accounting objectives, standards, and requirements.
- Sec. 122. Small business and small farm loan information.
- Sec. 123. FDIC property disposition standards.
- Subtitle C — Accounting Reforms
- Subtitle D — Prompt Corrective Action
- Sec. 131. Prompt corrective action.
- Sec. 132. Standards for safety and soundness.
- Sec. 133. Conservatorship and receivership amendments to facilitate prompt corrective action.
- Subtitle D — Prompt Corrective Action
- Subtitle E — Least-Cost Resolution
- Sec. 141. Least-cost resolution.
- Sec. 142. Federal Reserve discount window advances.
- Sec. 143. Early resolution.
- Subtitle E — Least-Cost Resolution
- Subtitle F — Depository Institutions Lacking Federal Deposit Insurance
- Sec. 151. Depository institutions lacking Federal deposit insurance.
- Subtitle F — Depository Institutions Lacking Federal Deposit Insurance
- Subtitle G — Technical Corrections
- Sec. 161. Technical corrections and clarifications.
- Subtitle G — Technical Corrections
- TITLE II — REGULATORY IMPROVEMENT
- Subtitle A — Regulation of Foreign Banks
- Sec. 201. Short title.
- Sec. 202. Regulation of foreign bank operations.
- Sec. 203. Conduct and coordination of examinations.
- Sec. 204. Supervision of the representative offices of foreign banks.
- Sec. 205. Reporting of stock loans.
- Sec. 206. Cooperation with foreign supervisors.
- Sec. 207. Approval required for acquisition by foreign banks of shares of United States banks.
- Sec. 208. Penalties.
- Sec. 209. Powers of agencies respecting applications, examinations, and other proceedings.
- Sec. 210. Clarification of managerial standards in Bank Holding Company Act of 1956.
- Sec. 211. Standards and factors in the Home Owners' Loan Act.
- Sec. 212. Authority of Federal banking agencies to enforce consumer statutes.
- Sec. 213. Criminal penalty for violating the International Banking Act of 1978.
- Sec. 214. Miscellaneous amendments to the International Banking Act of 1978.
- Sec. 215. Study and report on subsidiary requirements for foreign banks.
- Subtitle A — Regulation of Foreign Banks
- TITLE II — REGULATORY IMPROVEMENT
- Subtitle B — Customer and Consumer Provisions
- Sec. 221. Study on regulatory burden.
- Sec. 222. Discussion of lending data.
- Sec. 223. Enforcement of Equal Credit Opportunity Act.
- Sec. 224. Home Mortgage Disclosure Act.
- Sec. 225. Notice of safeguard exception.
- Sec. 226. Delegated processing.
- Sec. 227. Deposits at nonproprietary automated teller machines.
- Sec. 228. Notice of branch closure.
- Subtitle B — Customer and Consumer Provisions
- Subtitle C — Bank Enterprise Act
- Sec. 231. Short title.
- Sec. 232. Reduced assessment rate for deposits attributable to lifeline accounts.
- Sec. 233. Assessment credits for qualifying activities relating to distressed communities.
- Sec. 234. Community development organizations.
- Subtitle C — Bank Enterprise Act
- Subtitle D — FDIC Property Disposition
- Sec. 241. FDIC affordable housing program.
- Subtitle D — FDIC Property Disposition
- Subtitle E — Whistleblower Protections
- Sec. 251. Additional whistleblower protections.
- Subtitle E — Whistleblower Protections
- Subtitle F — Truth in Savings
- Sec. 261. Short title.
- Sec. 262. Findings and purpose.
- Sec. 263. Disclosure of interest rates and terms of accounts.
- Sec. 264. Account schedule.
- Sec. 265. Disclosure requirements for certain accounts.
- Sec. 266. Distribution of schedules.
- Sec. 267. Payment of interest.
- Sec. 268. Periodic statements.
- Sec. 269. Regulations.
- Sec. 270. Administrative enforcement.
- Sec. 271. Civil liability.
- Sec. 272. Credit unions.
- Sec. 273. Effect on State law.
- Sec. 274. Definitions.
- Subtitle F — Truth in Savings
- TITLE III — FEDERAL DEPOSIT INSURANCE REFORM
- Subtitle A — Activities
- Sec. 301. Limitations on brokered deposits and deposit solicitations.
- Sec. 302. Risk-based assessments.
- Sec. 303. Restrictions on insured State bank activities.
- Sec. 304. Restrictions on real estate lending.
- Sec. 305. Improving capital standards.
- Sec. 306. Safeguards against insider abuse.
- Sec. 307. FDIC back-up enforcement authority.
- Sec. 308. Interbank liabilities.
- Subtitle A — Activities
- TITLE III — FEDERAL DEPOSIT INSURANCE REFORM
- Subtitle B — Coverage
- Sec. 311. Deposit and pass-through insurance.
- Sec. 312. Foreign deposits.
- Sec. 313. Penalty for false assessment reports.
- Subtitle B — Coverage
- Subtitle C — Demonstration Project and Studies
- Sec. 321. Feasibility study on authorizing insured and uninsured deposit accounts.
- Sec. 322. Private reinsurance study.
- Subtitle C — Demonstration Project and Studies
- TITLE IV — MISCELLANEOUS PROVISIONS
- Subtitle A — Payment System Risk Reduction
- Sec. 401. Findings and purpose.
- Sec. 402. Definitions.
- Sec. 403. Bilateral netting.
- Sec. 404. Clearing organization netting.
- Sec. 405. Preemption.
- Sec. 406. Relationship to other payments systems.
- Sec. 407. National emergencies.
- Subtitle A — Payment System Risk Reduction
- TITLE IV — MISCELLANEOUS PROVISIONS
- Subtitle B — Right to Financial Privacy Act of 1978
- Sec. 411. Amendments to the Right to Financial Privacy Act of 1978.
- Subtitle B — Right to Financial Privacy Act of 1978
- Subtitle C — Final Settlement Payment Procedure
- Sec. 416. Final settlement payment procedure.
- Subtitle C — Final Settlement Payment Procedure
- Subtitle D — Miscellaneous Committees, Studies, and Reports
- Sec. 421. Amendments relating to Federal Reserve Board reserve requirements.
- Sec. 422. Permanent authorization of Credit Standards Advisory Committee.
- Subtitle D — Miscellaneous Committees, Studies, and Reports
- Subtitle E — Utilization of Private Sector
- Sec. 426. Utilization of private sector.
- Sec. 427. Reporting.
- Subtitle E — Utilization of Private Sector
- Subtitle F — Emergency Assistance for Rhode Island
- Sec. 431. Emergency loan guarantee.
- Subtitle F — Emergency Assistance for Rhode Island
- Subtitle G — Qualified Thrift Lender Test Improvements
- Sec. 436. Short title.
- Sec. 437. Adjustment of compliance periods for purposes of qualified thrift lender test.
- Sec. 438. Increase in amount of liquid assets excludable from portfolio assets.
- Sec. 439. Additional investments included in definition of qualified thrift assets.
- Sec. 440. Prudent diversification of assets.
- Sec. 441. Consumer lending by Federal savings associations.
- Subtitle G — Qualified Thrift Lender Test Improvements
- Subtitle H — Prohibition on Entering Secrecy Agreements and Protective Orders
- Sec. 446. Prohibition on entering into secrecy agreements and protective orders.
- Subtitle H — Prohibition on Entering Secrecy Agreements and Protective Orders
- Subtitle I — Bank and Thrift Employee Provisions
- Sec. 451. Continuation of health plan coverage in cases of failed financial institutions.
- Subtitle I — Bank and Thrift Employee Provisions
- Subtitle J — Sense of the Congress Regarding the Credit Crisis
- Sec. 456. Credit crunch.
- Subtitle J — Sense of the Congress Regarding the Credit Crisis
- Subtitle K — Acquisition of Insolvent Savings Associations
- Sec. 461. Acquisition of insolvent savings associations.
- Subtitle K — Acquisition of Insolvent Savings Associations
- Subtitle L — Creditability of Service
- Sec. 466. Creditability of service.
- Subtitle L — Creditability of Service
- Subtitle M — Other Miscellaneous Provisions
- Sec. 471. Providing services to insured depository institutions.
- Sec. 472. Real estate appraisals.
- Sec. 473. Emergency liquidity.
- Sec. 474. Discrimination against reorganized debtors.
- Sec. 475. Purchased mortgage servicing rights.
- Sec. 476. Limitation on securities private rights of action.
- Sec. 477. Modified small business lending disclosure.
- Sec. 478. Special insured deposits.
- Subtitle M — Other Miscellaneous Provisions
- Subtitle N—Severability
- Sec. 481. Severability.
- Subtitle N—Severability
- TITLE V — DEPOSITORY INSTITUTION CONVERSIONS
- Sec. 501. Mergers and acquisitions of insured depository institutions during conversion moratorium.
- Sec. 502. Mergers, consolidations, and other acquisitions authorized.´´.
- TITLE V — DEPOSITORY INSTITUTION CONVERSIONS
Approved December 19, 1991.
Legislative History
[edit]- HOUSE REPORTS:
- No. 102-330 (Comm. on Banking, Finance, and Urban Affairs)
- No. 102-407 (Comm. of Conference)
- SENATE REPORTS:
- No. 102-167 (Comm. on Banking, Housing, and Urban Affairs)
- CONGRESSIONAL RECORD, Vol. 137 (1991):
- Nov. 21, considered and passed Senate with an amendment.
- Nov. 23, considered and passed House with an amendment.
- Nov. 25, Senate disagreed to the House amendment by Voice Vote.
- Nov. 27, Conference report filed.
- Nov. 27, House agreed to conference report.
- Nov. 27, Senate agreed to conference report.
- HOUSE REPORTS:
Notes
[edit]- ↑ The original enacted text did not include a table of contents and is added here strictly for editorial use and navigational ease.
A table of contents, however, was officially added later via an amendment to the Act by Section 1601 of Subtitle A, Title XVI of the Housing and Community Development Act of 1992.
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