Title I: Safety and Soundness - Subtitle A: Deposit Insurance Funds - Amends the Federal Deposit Insurance Act (FDIA) with respect to: (1) credit available to the Federal Deposit Insurance Corporation (FDIC); (2) limits on the outstanding borrowing of the Bank Insurance Fund (BIF) and the Savings Association Insurance Fund (SAIF); (3) repayment schedules; and (4) borrowing for BIF from BIF members.
Subtitle B: Supervisory Reforms - Provides for: (1) mandatory annual on-site examinations and independent annual audits of all insured depository institutions; (2) assessments to cover the cost of such examinations; (3) examination and supervision fees for national banks and savings associations; and (4) application to the FDIC for deposit insurance.
Subtitle C: Accounting Reforms - Prescribes accounting objectives, standards, and requirements for reports and other statements required to be filed with Federal banking agencies by insured depository institutions. Requires reports of condition to include small business loan data. Prescribes the contents of financial condition reports by large institutions engaged in interstate banking.
Subtitle D: Prompt Regulatory Action - Requires: (1) the FDIC and each Federal banking agency to establish a prompt regulatory action system; and (2) each Federal banking agency to establish safety and soundness standards for the management and operation of insured depository institutions and depository institution holding companies.
Requires undercapitalized institutions to submit restoration plans to the appropriate Federal agency, or face specified administrative action.
Revises conditions and procedures for the appointment of conservators or receivers for insured national and State depository institutions.
Subtitle E: Least-Cost Resolution - Requires any FDIC financial assistance to an insured depository institution to be the approach least costly to the appropriate insurance fund.
Amends the Federal Reserve Act to set limits on the use of liquidity lending for deposit insurance fund purposes.
Amends the FDIA to require the FDIC, upon providing financial assistance to a troubled insured depository institution, to: (1) remove the institution's board of directors; and (2) repudiate any shareholder's claim against the institution with respect to any share or capital investment as though the institution had been closed.
Declares that it is the sense of the Congress that the Federal banking agencies should facilitate early resolution of troubled institutions whenever feasible if it would have the least possible long-term cost to the deposit insurance fund, consistent with the least-cost and prompt regulatory action provisions of the FDIA.
Subtitle F: Federal Insurance for State Chartered Depository Institutions - Uniform Depositor Protection Act of 1991 - Requires Federal deposit insurance for State chartered banks, savings associations, and credit unions.
Subtitle G: Technical Corrections - Sets forth technical corrections to the FDIA.
Title II: Regulatory Improvement - Subtitle A: Regulation of Foreign Banks -Foreign Bank Supervision Enhancement Act of 1991 - Amends the International Banking Act (IBA) to require prior approval of the Federal Reserve Board before any foreign bank may establish a branch, agency, or representative office in the United States. Authorizes the Board to terminate such branches or agencies under certain circumstances. Provides for Board examination of such branches or agencies.
Amends the FDIA to revise requirements for the reporting of stock loans.
Amends the IBA to provide for cooperation of Federal banking agencies with foreign banking supervisory agencies. Sets forth civil money and criminal penalties for violations of such Act.
Subtitle B: Customer and Consumer Provisions - Directs the Federal Financial Institutions Examination Council to study and report to the Congress on the Federal regulatory burdens imposed on insured depository institutions. Requires Federal banking agencies to implement the report's recommendations.
Amends the Community Reinvestment Act with respect to discussions of lending data.
Amends the enforcement provisions of the Equal Credit Opportunity Act.
Makes conforming amendments to the Home Mortgage Disclosure Act (HMDA) and the Expedited Funds Availability Act (EFAA).
Amends the Electronic Fund Transfer Act to prohibit certain deceptive practices involving preauthorized account transfers.
Amends the EFAA with respect to deposits at nonproprietary automated teller machines.
Amends the FDIA to require any insured depository institution proposing to close any branch to notify the appropriate Federal banking agency by a certain deadline.
Subtitle C: Bank Enterprise Act - Bank Enterprise Act of 1991 - Directs the Federal Reserve Board and the FDIC to establish minimum requirements, according to specified guidelines, for accounts providing basic transaction services for consumers at insured depository institutions in order for such accounts to qualify as lifeline accounts. Provides for reduced assessment rates for lifeline account deposits.
Establishes the Community Enterprise Assessment Credit Board to establish procedures for accepting and considering applications by insured depository institutions for such assessment credits. Directs the Credit Board to issue guidelines according to specified criteria to determine community enterprise assessment credits for: (1) eligible insured depository institutions providing financial assistance to low- and moderate-income clients in distressed communities; (2) small business developers; and (3) nonprofit developers.
Outlines the criteria under which an insured depository institution shall be treated as either a community development organization or a bank.
Subtitle D: FDIC Property Disposition - Amends the FDIA to direct the FDIC to conduct an affordable housing program under which it sells at a discount certain residential and condominium properties to nonprofit organizations, public agencies, and eligible households. Authorizes the FDIC to provide loans to purchasers to facilitate such sales.
Subtitle E: Whistleblower Protections - Amends the FDIA to establish additional whistleblower protections for employees of troubled depository institutions.
Subtitle F: Truth in Savings - Truth in Savings Act - Sets forth requirements for depository institutions to: (1) disclose interest rates, terms of account, and specified information about certain accounts; (2) maintain account schedules; and (3) distribute account schedules to certain persons. Provides for Federal Reserve Board regulations, administrative enforcement of this Act, and civil penalties for its violation.
Title III: Federal Deposit Insurance Reform - Subtitle A: Activities - Amends the FDIA with respect to: (1) limitations on brokered deposits and deposit solicitations; (2) risk-based assessments; (3) certain restrictions on insured State bank activities; (4) certain restrictions on real estate lending; (5) capital standards and interest rate risk; (6) safeguards against insider abuse; (7) FDIC back-up enforcement authority; and (8) interbank liabilities.
Subtitle B: Coverage - Amends the FDIA with respect to: (1) deposit and pass-through insurance; (2) prohibition of Federal insurance payments on foreign deposits; and (3) the penalty for false assessments reports.
Subtitle C: Demonstration Project and Studies - Directs the FDIC to study and report to the Congress on the feasibility of: (1) authorizing insured depository institutions to offer both insured and uninsured deposit accounts; and (2) establishing a private reinsurance system.
Subtitle D: Credit Unions - Amends the Federal Credit Union Act with respect to: (1) the pledge of the full faith and credit of the United States to the obligation to pay insured credit union accounts; (2) investment in other financial institutions; (3) the National Credit Union Share Insurance Fund; (4) authority of the National Credit Union Administration Board to place federally chartered State credit unions into liquidation; (5) the Central Liquidity Facility; (6) prohibitions on loans or guarantees to private share insurers; and (7) repeal of credit union authority to borrow from Farm Credit Banks.
Introduced in House
Introduced in House
Referred to the House Committee on Banking, Finance + Urban Affrs.
Referred to the Subcommittee on Financial Institutions Supervision, Regulation and Insurance.
Referred to the Subcommittee on Housing and Community Development.
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