Housing and Community Development Act of 1992/Title XVI/Subtitle A

SUBTITLE A — FEDERAL DEPOSIT INSURANCE CORPORATION IMPROVEMENT ACT

Sec. 1601. Table of Contents.

Section 1 of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended to read as follows:

``Section 1. Short Title; Table of Contents.

``(a) SHORT TITLE.— This Act may be cited as the ``Federal Deposit Insurance Corporation Improvement Act of 1991´´.

``(b) TABLE OF CONTENTS.—

``Sec. 1. Short Title; Table of Contents.

``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 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 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 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 E — Least-Cost Resolution

``Sec. 141. Least-cost resolution.

``Sec. 142. Federal Reserve discount window advances.

``Sec. 143. Early resolution.

``Subtitle F — Depository Institutions Lacking Federal Deposit Insurance

``Sec. 151. Depository institutions lacking Federal deposit insurance.

``Subtitle G — Technical Corrections

``Sec. 161. Technical corrections and clarifications.

``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 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 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 D — FDIC Property Disposition

``Sec. 241. FDIC affordable housing program.

``Subtitle E — Whistleblower Protections

``Sec. 251. Additional 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.

``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 B — Coverage

``Sec. 311. Deposit and pass-through insurance.

``Sec. 312. Foreign deposits.

``Sec. 313. Penalty for false assessment reports.

``Subtitle C — Demonstration Project and Studies

``Sec. 321. Feasibility study on authorizing insured and uninsured deposit accounts.

``Sec. 322. Private reinsurance study.

``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 B — Right to Financial Privacy Act of 1978

``Sec. 411. Amendments to the Right to Financial Privacy Act of 1978.

``Subtitle C — Final Settlement Payment Procedure

``Sec. 416. 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 E — Utilization of Private Sector

``Sec. 426. Utilization of private sector.

``Sec. 427. Reporting.

``Subtitle F — Emergency Assistance for Rhode Island

``Sec. 431. Emergency loan guarantee.

``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 H — Prohibition on Entering Secrecy Agreements and Protective Orders

``Sec. 446. Prohibition on entering into 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 J — Sense of the Congress Regarding the Credit Crisis

``Sec. 456. Credit crunch.

``Subtitle K — Acquisition of Insolvent Savings Associations

``Sec. 461. Acquisition of insolvent savings associations.

``Subtitle L — Creditability of Service

``Sec. 466. 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 N—Severability

``Sec. 481. 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.´´.

Sec. 1602. Transfer and Redesignation of Sections with Duplicate Section Numbers.

(a) DUPLICATE SECTION 39.—

The section of the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) which was added by section 228 of the Federal Deposit Insurance Corporation Improvement Act of 1991 (relating to notice of branch closures and designated as section 39) is hereby—

(1) transferred and inserted after section 41 of the Federal Deposit Insurance Act (as added by section 312 of the Federal Deposit Insurance Corporation Improvement Act of 1991); and

(2) redesignated as section 42.

(b) DUPLICATE SECTION 40.—

The section of the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) which was added by section 151 of the Federal Deposit Insurance Corporation Improvement Act of 1991 (relating to depository institutions lacking Federal deposit insurance and designated as section 40) is hereby—

(1) transferred and inserted after section 42 of the Federal Deposit Insurance Act (as transferred and redesignated by subsection (a) of this section); and

(2) redesignated as section 43.

Sec. 1603. Technical Corrections Relating to Title I of the Federal Deposit Insurance Corporation Improvement Act of 1991.

(a) AMENDMENTS RELATING TO SUBTITLE A.—

(1) The 1st sentence of section 7(b)(1)(A)(iii) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(1)(A)(iii)) (as amended by section 104(b) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended by inserting ``rate´´ before the period.

(2) Section 14(d)(2)(D) of the Federal Deposit Insurance Act (12 U.S.C. 1824(d)(2)(D)) (as amended by section 105 of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended by striking ``Member´´ and inserting ``member´´.

(3) Effective on the effective date of the amendment made by section 302(a) of the Federal Deposit Insurance Corporation Improvement Act of 1991, section 7(b) of the Federal Deposit Insurance Act (12 U.S.C. 1817(c)) (as amended by such section 302(a)) is amended—

(A) by adding at the end, the paragraph added to such section 7(b) (as in effect on the day before the effective date of such amendment) by section 103(b)(2) of the Federal Deposit Insurance Corporation Improvement Act of 1991; and

(B) by redesignating such paragraph as paragraph (6).

(b) AMENDMENTS RELATING TO SUBTITLE B.—

(1) Section 10(d) of the Federal Deposit Insurance Act (12 U.S.C. 1820(d)) (as added by section 111 of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended—

(A) in paragraph (5), by inserting ``or the Resolution Trust Corporation´´ after ``the Corporation´´ each place such term appears;

(B) in paragraph (5)(B), by inserting a comma after ``bank´´; and

(C) by striking paragraph (6).

(2) Section 112 of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended—

(A) by redesignating subsection (b) as subsection (c); and

(B) by inserting after subsection (a) the following new subsection:

``(b) TECHNICAL AND CONFORMING AMENDMENT.— Section 3(r) of the Federal Deposit Insurance Act (12 U.S.C. 1813(r)) is amended to read as follows:

``(r) STATE BANK SUPERVISOR.—

``(1) IN GENERAL.— The term ``State bank supervisor´´ means any officer, agency, or other entity of any State which has primary regulatory authority over State banks or State savings associations in such State.

``(2) INTERSTATE APPLICATION.— The State bank supervisors of more than 1 State may be the appropriate State bank supervisor for any insured depository institution.´´.

(3) Section 36 of the Federal Deposit Insurance Act (as added by section 112 of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended—

(A) in subsection (b)(2)(A)(iii), by striking ``Corporation or´´ and inserting ``Corporation and´´;

(B) in subsection (g)(3)(A)(i), by striking ``an appropriate´´ and inserting ``any appropriate´´; and

(C) in subsection (g)(5), by inserting ``and each appropriate Federal banking agency´´ after ``Corporation´´ each place such term appears.

(4) Section 113(a)(2) of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by striking ``111(a)(1)´´ and inserting ``111(a)´´.

(5) The 1st sentence of the 4th undesignated paragraph of section 5240 of the Revised Statutes (12 U.S.C. 482) (as amended by section 114 of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended by striking ``duties´´ and inserting ``office´´.

(6) Section 115(b) of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by inserting ``Section´´ before ``4(b)´´.

(c) AMENDMENT RELATING TO SUBTITLE C.—

Section 122 of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by redesignating subsection (d) as subsection (c).

(d) AMENDMENTS RELATING TO SUBTITLE D.—

(1) Section 38 of the Federal Deposit Insurance Act (as added by section 131(a) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended—

(A) in subsection (e)(2)(D)(i), by striking ``and´´ where such term appears after the semicolon;

(B) in subsection (f)(6), by striking ``functional regulator (as defined in section 2(s) of the Bank Holding Company Act of 1956)´´ and insert ``appropriate regulator´´;

(C) in subsection (g)(1)(B), by striking ``capitalized,´´ and inserting ``capitalized (but not well capitalized),´´; and

(D) in the heading of subsection (f)(6), by striking ``FUNCTIONAL´´ and inserting ``OTHER´´.

(2) Section 131(c)(2)(A) of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by inserting ``the 1st and 2d place such term appears´´ before the semicolon.

(3) Section 8(i)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1818(i)(1)) (as amended by section 131(c)(2)(A) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended—

(A) by inserting ``or 39´´ after ``38´´ each place such term appears; and

(B) by striking ``order under this section, or to review´´ and inserting ``order under any such section, or to review´´.

(4) Section 8(i)(2)(A)(ii) of the Federal Deposit Insurance Act (12 U.S.C. 1818(i)(2)(A)(ii)) (as amended by section 131(c)(2)(B) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended by striking ``subsection (b),´´ and all that follows through the semicolon and inserting ``subsection (b), (c), (e), (g), or (s) or any final order under section 38 or 39;´´.

(5) Section 131(c)(3) of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by striking ``adding at the end´´ and inserting ``inserting after subsection (x)´´.

(6) Section 133(b) of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by striking ``Section 1 of the Act of June 30, 1876´´ and inserting ``The 1st section of the Act entitled `An Act authorizing the appointment of receivers of national banking associations, and for other purposes.´ and approved June 30, 1876´´.

(7) The Act entitled ``An Act authorizing the appointment of receivers of national banking associations, and for other purposes.´´ and approved June 30, 1876 (as amended by section 133(b) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended—

(A) by redesignating section 1 as section 2 and by inserting after the enacting clause the following new section:

``SECTION 1. SHORT TITLE.

``This Act may be cited as the ``National Bank Receivership Act´´.´´; and

(B) in section 2 (as amended by section 133(b) of the Federal Deposit Insurance Corporation Improvement Act of 1991 and redesignated by subparagraph (A) of this paragraph), by striking ``appoint the Federal Deposit Insurance Corporation as receiver for any national banking association´´ and inserting ``appoint a receiver for any national bank (and such receiver shall be the Federal Deposit Insurance Corporation if the national bank is an insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act))´´.

(8) Effective on the effective date of the amendment made by section 133(d)(1) of the Federal Deposit Insurance Corporation Improvement Act of 1991, section 5(d)(2)(A) of the Home Owners' Loan Act (12 U.S.C. 1464(d)(2)(A)) (as amended by such section 133(d)(1)) is amended by inserting a period at the end.

(9) The paragraph designated as ``(p)´´ of section 11 of the Federal Reserve Act (12 U.S.C. 248) (as added by section 133(f) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is hereby redesignated as paragraph (o).

(10) The heading of subtitle D of title I of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended to read as follows:

``Subtitle D—Prompt Corrective Action´´.

(11) The heading of section 131 of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended to read as follows:

``SEC. 131. PROMPT CORRECTIVE ACTION.´´.

(12) The heading of section 133 of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by striking ``regulatory´´ and inserting ``corrective´´.

(e) AMENDMENTS RELATING TO SUBTITLE E.—

(1) Section 11(d)(5)(D)(iii)(I) of the Federal Deposit Insurance Act (12 U.S.C. 1821(d)(5)(D)(iii)(I)) (as amended by section 141(b) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended by striking ``institution described in paragraph (3)(A)´´ and inserting ``insured depository institution´´.

(2) The amendment made by section 142(c) of the Federal Deposit Insurance Corporation Improvement Act of 1991 (adding a paragraph at the end of section 11 of the Federal Reserve Act) shall be considered to have been executed before the amendment made by section 133(f) of the Federal Deposit Insurance Corporation Improvement Act of 1991.

(f) AMENDMENTS RELATING TO SUBTITLE F.—

(1) Section 151(b) of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended—

(A) in paragraph (1), by striking ``section 40(a)(1)´´ and inserting ``section 43(a)(1)´´; and

(B) in paragraph (3)—

(i) by striking `` `deposit´,´´;

(ii) by striking ``and´´;

(iii) by inserting ``, and ``private deposit insurer´´ before ``have the same meaning´´; and

(iv) by striking ``section 40(f)´´ and inserting ``section 43(f)´´.

(2) The heading of subtitle F of title I of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended to read as follows:

``Subtitle F—Depository Institutions Lacking Federal Deposit Insurance´´.

Sec. 1604. Technical Corrections Relating to Title II of the Federal Deposit Insurance Corporation Improvement Act of 1991.

(a) AMENDMENTS RELATING TO SUBTITLE A.—

(1) Section 7(e)(6) of the International Banking Act of 1978 (as added by section 202(a) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended—

(A) in subparagraph (A), by striking ``against which the Board or, in the case of an order issued under section 4(i), the Comptroller of the Currency has issued an order under paragraph (1) or a refusal by such office or subsidiary´´ and inserting ``against which—

``(i) the Board has issued an order under paragraph (1); or

``(ii) the Comptroller of the Currency has issued an order under section 4(i),

``or a refusal by such office or subsidiary´´; and

(B) in subparagraph (B), by striking ``order issued under paragraph (1)´´ and inserting ``order referred to in subparagraph (A)´´.

(2) Section 7(e)(7) of the International Banking Act of 1978 (as added by section 202(a) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended by striking ``publc´´ and inserting ``public´´.

(3) Section 10(b)(6)(A) of the Federal Deposit Insurance Act (12 U.S.C. 1820(b)(6)(A)) (as amended by section 203(c)(2) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended by striking ``paragraph (2)´´ and all that follows through the semicolon and inserting ``paragraph (2), (3), (4), or (5);´´.

(4) Section 10(b) of the International Banking Act of 1978 (12 U.S.C. 3107(b)) (as amended by section 204 of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended by striking ``paragraphs (1), (2), and (3) of section 7(d)´´ and inserting ``section 7(e)´´.

(5) Section 108(a)(1)(C) of the Truth in Lending Act (15 U.S.C. 1607(a)(1)(C)) (as amended by section 212(b) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended by striking the period at the end and inserting a semicolon.

(6) Section 621(b)(1)(C) of the Fair Credit Reporting Act (15 U.S.C. 1681s(b)(1)(C)) (as amended by section 212(c) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended by striking the period at the end and inserting a semicolon.

(7) Section 704(a)(1)(C) of the Equal Credit Opportunity Act (15 U.S.C. 1691c(b)(1)(C)) (as amended by section 212(d) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended by striking the period at the end and inserting a semicolon.

(8) Section 814(b)(1)(C) of the Fair Debt Collection Practices Act (15 U.S.C. 1691c(b)(1)(C)) (as amended by section 212(e) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended by striking the period at the end and inserting a semicolon.

(9) Section 18(f)(2)(A) of the Federal Trade Commission Act (15 U.S.C. 57a(f)(2)(A)) (as amended by section 212(g)(2) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended by striking ``divisions´´ and inserting ``division´´.

(10) Section 6 of the International Banking Act of 1978 (12 U.S.C. 3104), as in effect on the day before the effective date of the amendment made by section 214(a)(3) of the Federal Deposit Insurance Corporation Improvement Act of 1991, is amended by striking subsection (c).

(11) Section 6(c) of the International Banking Act of 1978 (as added by section 214(a)(3) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended—

(A) in paragraph (1)—

(i) by inserting ``domestic retail´´ before ``deposit accounts´´; and

(ii) by striking ``$100,000,´´ and inserting ``$100,000 and requiring deposit insurance protection,´´; and

(B) in paragraph (2)—

(i) by striking ``Deposit´´ and inserting ``Domestic retail deposit´´; and

(ii) by inserting ``that require deposit insurance protection´´ after ``$100,000´´.

(12) Section 214(b) of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by inserting closing quotation marks and a 2d period at the end.

(13) Section 7(j) of the International Banking Act of 1978 (as added by section 214(b) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended by striking ``Supervisorycommittee´´ and inserting ``Supervisory Committee´´.

(14) Section 215(a)(9) of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by striking ``United States Banks´´ and inserting ``banks chartered in the United States´´.

(15) Section 224 of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by inserting ``of 1975´´ after ``Disclosure Act´´.

(b) AMENDMENTS RELATING TO SUBTITLE C.—

(1) Section 232(b)(1) of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended—

(A) by striking ``(9), and (10)´´ and inserting ``and (8)´´; and

(B) by striking ``(10), and (11)´´ and inserting ``and (9)´´.

(2) Section 233(a) of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by striking ``section 235´´ where such term appears in paragraphs (3) and (5) and inserting ``section 234´´.

(3) Section 7(d)(5) of the Federal Deposit Insurance Act (12 U.S.C. 1817(d)(4)) (as added by section 233(c)(1) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended by striking ``section 235´´ and inserting ``section 234´´.

(c) AMENDMENTS RELATING TO SUBTITLE D.—

(1) Section 241(b) of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by striking ``section 42´´ and inserting ``section 40´´.

(2) Subparagraphs (B) and (E) of section 11(d)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1821(d)(2)) (as amended by section 241(c)(1) of the Federal Deposit Insurance Corporation Improvement Act of 1991) are each amended by striking ``section 42´´ and inserting ``section 40´´.

(3) Section 202(h)(2) of the Housing Act of 1959 (12 U.S.C. 1701q(h)(2)) (as amended by section 241(c)(2) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended by striking ``section 42´´ and inserting ``section 40´´.

(d) AMENDMENTS RELATING TO SUBTITLE E.—

Section 213(a)(2) of the Federal Credit Union Act (12 U.S.C. 1790b(a)) (as amended by section 251(b) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended—

(1) in subparagraph (A), by inserting ``or´´ after ``credit union´´; and

(2) in subparagraph (B), by striking ``or employee´´ and all that follows through the semicolon and inserting ``committee member, or employee of any credit union;´´.

(e) AMENDMENTS RELATING TO SUBTITLE F.—

(1) Section 266(e) of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by striking ``on or with any regularly scheduled mailing posted or delivered within 180 days after publication´´ and inserting ``on or with the first regularly scheduled mailing sent after the end of the 6-month period beginning on the date of publication´´.

(2) Subtitle F of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by striking ``Act´´ and inserting ``subtitle´´—

(A) each place such term appears in section 265;

(B) in section 267(a);

(C) the 1st place such term appears in section 267(c);

(D) each place such term appears in section 269(a)(1);

(E) each place such term appears in section 269(a)(3);

(F) the 1st place such term appears in section 269(a)(4);

(G) in section 269(b)(1);

(H) each place such term appears in section 269(b)(2);

(I) the 1st place such term appears in section 270(a);

(J) in section 270(b)(2);

(K) each place such term appears in section 270(c);

(L) each place such term appears in section 271(a);

(M) in paragraphs (1) and (2) of section 271(c);

(N) in subsections (d), (g), (h) of section 271;

(O) in paragraphs (1) and (2) of section 271(i):

(P) the 1st place such term appears in section 272(a);

(Q) in section 272(b);

(R) in section 273; and

(S) in the provision of section 274 which precedes paragraph (1) of such section.

(3) Section 270(b)(1) of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by striking ``this Act´´ and inserting ``this subtitle´´.

(4) The heading of paragraph (1) of section 270(b) of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by striking ``ACT´´ and inserting ``SUBTITLE´´.

Sec. 1605. Technical Corrections Relating to Title III of the Federal Deposit Insurance Corporation Improvement Act of 1991.

(a) AMENDMENTS RELATING TO SUBTITLE A.—

(1) Section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f) (as amended by section 301(a) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended—

(A) in subsection (a), by striking ``A insured´´ and inserting ``An insured´´; and

(B) in subsection (c), by striking ``capitalized,´´ and inserting ``capitalized (but not well capitalized),´´.

(2) Section 7(b)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(2)) (as amended by section 302(a) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended—

(A) in subparagraph (D), by striking the comma after ``members´´; and

(B) by adding at the end the following new subparagraph:

``(H) BANK ENTERPRISE ACT REQUIREMENT.— The Corporation shall design the risk-based assessment system so that, insofar as the system bases assessments, directly or indirectly, on deposits, the portion of the deposits of any insured depository institution which are attributable to lifeline accounts established in accordance with the Bank Enterprise Act of 1991 shall be subject to assessment at a rate determined in accordance with such Act.´´.

(3) Effective on the effective date of the amendment made by section 302(a) of the Federal Deposit Insurance Corporation Improvement Act of 1991, section 232(a)(1) of the Federal Deposit Insurance Corporation Improvement Act of 1991 (12 U.S.C. 1834(a)(1)) by striking ``7(b)(10)´´ and inserting ``7(b)(2)(H)´´.

(4) The subsection which was added to section 10 of the Federal Deposit Insurance Act by section 302(d) of the Federal Deposit Insurance Corporation Improvement Act of 1991 and designated as subsection (f) is hereby redesignated as subsection (g).

(5) Section 302(e) of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended—

(A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and

(B) by striking paragraph (1) and inserting the following new paragraphs:

``(1) in section 5(d)(3)(B)(i)—

``(A) by striking ``average assessment base´´ and inserting ``deposits´´; and

``(B) by striking ``shall—´´ and all that follows through the period and inserting ``shall be treated as deposits which are insured by the Savings Association Insurance Fund.´´;

``(2) in section 5(d)(3)(B)(ii)—

``(A) by striking ``average assessment base´´ and inserting ``deposits´´; and

``(B) by striking ``shall—´´ and all that follows through the period and inserting ``shall be treated as deposits which are insured by the Bank Insurance Fund.´´.

(6) Effective on the effective date of the amendment made by section 302(e)(4) of the Federal Deposit Insurance Corporation Improvement Act of 1991 (as so redesignated by paragraph ((5)(A) of this subsection), section 7(b) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)) (as amended by section 302(a) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended by adding after paragraph (6) (as transferred and so redesignated by section 1603(a)(3) of this title) the following new paragraph:

``(7) COMMUNITY ENTERPRISE CREDITS.— The Corporation shall allow a credit against any semiannual assessment to any insured depository institution which satisfies the requirements of the Community Enterprise Assessment Credit Board under section 233(a)(1) of the Bank Enterprise Act of 1991 in the amount determined by such Board by regulation.´´.

(7) Effective on the effective date of the amendment made by section 302(e)(4) of the Federal Deposit Insurance Corporation Improvement Act of 1991 (as so redesignated by paragraph (5)(A) of this subsection), section 233 of the Federal Deposit Insurance Corporation Improvement Act of 1991 (12 U.S.C. 1834a) is amended—

(A) in subsection (a)(1)(A), by striking ``7(d)(4)´´ and inserting ``7(b)(7)´´;

(B) in subsection (a)(3), by striking ``7(d)(4)´´ and inserting ``7(b)(7)´´; and

(C) in subsection (e)(2), by striking ``made for purposes of the notification required under section 7(d)(1)(B)´´ and inserting ``of the semiannual assessment to which such credit is applicable´´.

(8) Section 24(e)(1)(B) of the Federal Deposit Insurance Act (12 U.S.C. 1831a) (as added by section 303(a) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended to read as follows:

``(B) meets applicable consumer disclosure requirements with respect to such insurance.´´.

(9) The subsection of section 18 of the Federal Deposit Insurance Act which was added by section 305(a) of the Federal Deposit Insurance Corporation Improvement Act of 1991 and designated as subsection (o) (relating to periodic review of capital standards) is hereby redesignated as subsection (p).

(10) Section 22(h)(6)(B)(i) of the Federal Reserve Act (12 U.S.C. 375b) (as amended by section 306(a) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended by striking ``and´´ after the semicolon and inserting ``or´´.

(11) Section 8(t) of the Federal Deposit Insurance Act (12 U.S.C. 1818(t)) (as added by section 307 of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended—

(A) in paragraph (2)(B), by inserting ``or institution-affiliated party´´ after ``institution´´ each place such term appears;

(B) in paragraph (2)(C), by striking ``institution's´´ the 1st place such term appears; and

(C) in paragraph (5), by inserting ``or institution-affiliated party´´ after ``depository institution´´.

(b) AMENDMENTS RELATING TO SUBTITLE B.—

(1) Section 7(b)(6) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(6)) is amended—

(A) by striking subparagraph (D), as added by section 311(a)(2)(C) of the Federal Deposit Insurance Corporation Improvement Act of 1991; and

(B) by inserting after subparagraph (C) the following new subparagraph:

``(D) any liability of the insured depository institution which is not treated as an insured deposit pursuant to section 11(a)(8).´´.

(2) Effective on the effective date of the amendment made by section 302(b) of the Federal Deposit Insurance Corporation Improvement Act of 1991, section 7(c) of the Federal Deposit Insurance Act (12 U.S.C. 1817(c)) (as amended by such section 302(b)) is amended—

(A) by adding at the end, the paragraph added to such section 7(c) (as in effect on the day before the effective date of such amendment) by section 313(a) of the Federal Deposit Insurance Corporation Improvement Act of 1991;

(B) by redesignating such paragraph as paragraph (4); and

(C) in paragraph (4) (as so redesignated by subparagraph (B) of this paragraph), by striking ``paragraph (1) or (2)´´ each place such term appears and inserting ``paragraph (1)´´.

(3) Section 202(d)(2) of the Federal Credit Union Act (12 U.S.C. 1782(d)(2)) (as amended by section 313(b) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended—

(A) in subparagraph (C)—

(i) by striking ``insured depository institution´´ and inserting ``insured credit union´´;

(ii) by striking ``or´´ after ``subsection (b)(1)´´;

(iii) by striking ``Corporation´´ and inserting ``Board´´; and

(iv) by striking ``assets of the institution´´ and inserting ``assets of the credit union´´;

(B) in subparagraph (D), by striking ``Corporation´´ and inserting ``Board´´; and

(C) in subparagraph (E)—

(i) by striking ``insured depository institution´´ and inserting ``insured credit union´´; and

(ii) by striking ``if the institution´´ and inserting ``if the credit union´´.

(c) AMENDMENT TO THE HEADING OF TITLE III.—

The heading of title III of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended to read as follows:

``TITLE III—FEDERAL DEPOSIT INSURANCE REFORM´´.

(a) AMENDMENT RELATING TO SUBTITLE A.—

Section 402(14)(B) of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by striking ``Federal commodities law´´ and inserting ``Federal law´´.

(b) AMENDMENT RELATING TO SUBTITLE B.—

Section 1112(f)(2) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3412(f)(2)) (as amended by section 411(1) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended—

(1) by inserting a comma before ``for civil actions under section 951´´; and

(2) by inserting a comma after ``United States Code´´.

(c) AMENDMENT RELATING TO SUBTITLE C.—

Section 11(d)(4)(A) of the Federal Deposit Insurance Act (12 U.S.C. 1821(d)(4)(A)) (as amended by section 416 of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended by striking ``determinations´´ and inserting ``determination´´.

(d) AMENDMENT RELATING TO SUBTITLE D.—

The heading for section 422 of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by striking ``board´´ and inserting ``advisory committee´´.

(e) AMENDMENT RELATING TO SUBTITLE F.—

Section 431(a)(2) of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by inserting ``(hereafter in this subsection referred to as the `Secretary´)´´ after ``Secretary of the Treasury´´.

(f) AMENDMENTS RELATING TO SUBTITLE G.—

(1) Section 5(c)(2)(B)(iii) of the Home Owners' Loan Act (12 U.S.C. 1464(c)(2)(B)) is amended to read as follows:

``(iii) MONITORING.— If the Director permits any increased authority pursuant to clause (ii), the Director shall closely monitor the Federal savings association's condition and lending activities to ensure that the savings association carries out all authority under this paragraph in a safe and sound manner and complies with this subparagraph and all relevant laws and regulations.´´.

(2) Section 5(c)(2)(C) of the Home Owners' Loan Act (12 U.S.C. 1464(c)(2)(C)) is amended by striking the comma after ``including´´.

(3) The last sentence of section 5(c)(2)(D) of the Home Owners' Loan Act (12 U.S.C. 1464(c)(2)(B)) (as amended by section 441(a) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended by inserting before the period the following: ``, except that amounts in excess of 30 percent of the assets may be invested only in loans which are made by the association directly to the original obligor and with respect to which the association does not pay any finder, referral, or other fee, directly or indirectly, to any third party´´.

(4) Section 437 of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended—

(A) by striking ``Section 10(m)(1)(B)´´ and inserting ``(a) IN GENERAL.— Section 10(m)(1)(B)´´; and

(B) by adding at the end the following new subsection:

``(b) TECHNICAL AND CONFORMING AMENDMENTS.—

``(1) Section 10(m)(1)(A) of the Home Owners' Loan Act (12 U.S.C. 1467(m)(1)(A)) is amended by striking ``70 percent´´ and inserting ``65 percent´´.

``(2) The first sentence of section 10(m)(3)(D) of the Home Owners' Loan Act (12 U.S.C. 1467(m)(3)(D)) is amended by striking ``for the preceding 2-year period´´ and inserting ``on a monthly average basis in 9 out of the preceding 12 months´´.´´.

(g) AMENDMENTS RELATING TO SUBTITLE I.—

(1) Section 451(b)(3) of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by striking ``11(i)´´ and inserting ``3(i)(2)´´.

(2) Section 3(i)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1813(i)(2)) is amended by striking ``11(i)´´ and inserting ``11(n)´´.

(h) AMENDMENTS RELATING TO SUBTITLE K.—

(1) Section 461 of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by inserting ``of 1956´´ after ``Bank Holding Company Act´´.

(2) The heading of subtitle K of title IV of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended to read as follows:

``Subtitle K—Acquisition of Insolvent Savings Associations´´.

(i) AMENDMENTS RELATING TO SUBTITLE M.—

(1) Section 7(a) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)) is amended by redesignating the paragraph (9) which was added to such section by section 474 of the Federal Deposit Insurance Corporation Improvement Act of 1991 as paragraph (10).

(2) Section 475(c) of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended to read as follows:

``(c) EFFECTIVE DATE.— This section shall apply after the end of the 60-day period beginning on the date of the enactment of this Act.´´.

(3) Section 477 of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by striking ``Federal Reserve Board´´ each place such term appears and inserting ``Board of Governors of the Federal Reserve System´´.

Sec. 1607. Technical Corrections Relating to Title V of the Federal Deposit Insurance Corporation Improvement Act of 1991.

(a) AMENDMENT RELATING TO SECTION 501.—

Section 5(d)(3) of the Federal Deposit Insurance Act (12 U.S.C. 1815(d)(3)) (as amended by section 501(a) of the Federal Deposit Insurance Corporation Improvement Act of 1991) is amended by adding at the end the following new subparagraph:

``(K) BOARD DEFINED.— For purposes of this paragraph, the term `Board´ (other than when such term appears in connection with a reference to the Board of Directors) means the Board of Governors of the Federal Reserve System.´´.

(b) AMENDMENT RELATING TO SECTION 502.—

Section 10 of the Home Owners' Loan Act (12 U.S.C. 1467a) is amended by redesignating subsection (t) (as added by section 502(a) of the Federal Deposit Insurance Corporation Improvement Act of 1991) as subsection (s).

Sec. 1608. Federal Housing Finance Board Practice Required to Conform to Congressional Intent and Existing Law.

Section 2A(b)(2) of the Federal Home Loan Bank Act (12 U.S.C. 1422a(b)(2)) is amended by adding at the end the following new subparagraph:

``(D) CLARIFICATION OF STATUS.—

``(i) IN GENERAL.— The directors appointed pursuant to paragraph (1)(B) shall serve on a full-time basis after December 31, 1993.

``(ii) RULE OF CONSTRUCTION.— Clause (i) shall not be construed as implying that any other position may be filled or held on a less than full-time basis.´´.

Sec. 1609. Effective Date.

(a) IN GENERAL.—

Except as provided in subsection (b) or any other provision of this subtitle, the amendments made by this subtitle to the Federal Deposit Insurance Corporation Improvement Act of 1991, the Federal Deposit Insurance Act, and any other law shall take effect as if such amendments had been included in the Federal Deposit Insurance Corporation Improvement Act of 1991 as of the date of the enactment of such Act.

(b) EFFECTIVE DATE OF CERTAIN AMENDMENTS.—

In the case of any amendment made by this subtitle to any provision of law added or amended by the Federal Deposit Insurance Corporation Improvement Act of 1991 effective after December 19, 1992, the amendment made by this subtitle shall take effect on the effective date of the amendment made by the Federal Deposit Insurance Corporation Improvement Act of 1991.