Economic Growth and Financial Institutions Regulatory Paperwork Reduction Act of 1993

TABLE OF CONTENTS:

Title I: Regulatory Impact on Credit Availability

Subtitle A: General Provisions

Subtitle B: Impact of Accounting and Capital Issues

on Credit Availability

Subtitle C: Disincentives to Risk-Taking

Subtitle D: Miscellaneous Credit Availability Provisions

Title II: Regulatory Micromanagement

Title III: Unnecessary Cost, Paperwork and Regulation

Subtitle A: General Provisions

Subtitle B: Holding Company Efficiencies

Title IV: Consumer Inconvenience, Paperwork, and Cost;

Other Non-Supervisory Reforms

Subtitle A: Consumer Benefits and Lending Process

Improvements

Subtitle B: Other Non-Supervisory Reforms

Title V: Community Investment

Economic Growth and Financial Institutions Regulatory Paperwork Reduction Act of 1993 - Title I: Regulatory Impact on Credit Availability - Subtitle A: General Provisions - (Sec. 101) Amends the Federal Deposit Insurance Act (FDIA) to direct the appropriate Federal banking agencies to minimize the negative impact upon credit availability for small business, residential, and agricultural purposes and on low-and moderate-income communities when prescribing real estate lending standards.

(Sec. 102) Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to direct the Appraisal Subcommittee to encourage the States to develop reciprocity agreements among themselves so as to readily authorize licensed appraisers in good standing to perform appraisals in sister States.

Subtitle B: Impact of Accounting and Capital Issues on Credit Availability - (Secs. 111-113) Amends the FDIA to amend the regulatory scheme with respect to: (1) audits of insured depository institutions; (2) recourse agreements; and (3) market value accounting.

(Sec. 114) Requires the Department of the Treasury to report to certain congressional committees on the effect on the national economy resulting from implementation of risk based capital standards (including the Basle international capital standards).

Subtitle C: Disincentives to Risk Taking - (Sec. 121) Amends the FDIA and the Federal Credit Union Act with respect to the due process protections accorded the attachment of assets, and the statutory authority to require a depository institution to prohibit a person from alienating property under certain circumstances.

Subtitle D: Miscellaneous Credit Availability Provisions - (Sec.

131) Mandates the establishment of a regulatory appeals process within each appropriate Federal banking agency and the National Credit Union Administration.

(Secs. 132 and 133) Amends the Federal Reserve Act to modify the aggregate limits on insider lending for specified small banks. Mandates that certain agencies study and report to the Congress on the advisability and budgetary impact of requiring insured depository institutions to maintain sterile reserves.

(Sec. 134) Amends the FDIA to prescribe guidelines under which the Federal Deposit Insurance Corporation (FDIC) may, with respect to an undercapitalized insured depository institution, waive its right to repudiate an agreement to sell credit card accounts receivable.

(Sec. 135) Amends the Federal Home Loan Bank Act to permit FHLBA banks to: (1) make secured advances upon obtaining a security interest in certain nonresidential real estate-related collateral; and (2) invest surplus funds to purchase participation interests in residential construction loans originated by member institutions.

Title II: Regulatory Micromanagement - (Secs. 201-204) Amends the FDIA to modify the regulatory scheme with respect to: (1) safety and soundness standards; (2) paperwork reduction; (3) rules on deposit taking; and (4) a transition period for new regulations.

Title III: Unnecessary Cost, Paperwork and Regulation -Subtitle A: General Provisions - (Secs. 301-303) Amends the FDIA with respect to: (1) bank examinations; (2) coordination of State and Federal examinations; and (3) the use of accounting principles.

(Secs. 304-306) Prescribes guidelines for the reduction of call report requirements and capital compliance requirements. Excludes automated teller machines and specified bank branches from FDIA branch closure notice requirements.

(Sec. 307) Amends Federal law regarding monetary instruments transactions to direct the Secretary of the Treasury to annually: (1) review all regulations pertaining to monetary instruments transaction requirements, seeking public comment; and (2) publish all written rulings interpreting such law, as well as staff commentaries.

(Sec. 309) Amends the FRA and the FDIA to cite conditions under which accounts of U.S. banks are shielded from liability to repay] deposits made at foreign branches.

Subtitle B: Holding Company Efficiencies - (Secs. 321-325) Amends the Bank Holding Company Act of 1956 to modify the procedures under which bank holding companies: (1) are formed; and (2) acquire interests in nonbanking activities. Reduces the post-approval waiting period for bank holding company acquisition and bank mergers.

Title IV: Consumer Inconvenience, Paperwork, and Cost; Other Non-Supervisory Reforms - Subtitle A: Consumer Benefits and Lending Process Improvements - (Sec. 401) Mandates a Federal Reserve study and report to the Congress on ways to streamline the credit-granting process.

(Secs. 402-403) Amends the Truth in Lending Act regarding: (1) certain exemptions from credit cost disclosure requirements; (2) modification of waiver of the debtor's rescission rights; and (3) alternative disclosures for adjustable rate mortgages.

(Sec. 405) Amends the Truth in Savings Act to exempt business accounts from its purview.

Subtitle B: Other Non-Supervisory Reforms - (Secs. 411-413) Amends the Expedited Funds Availability Act regarding: (1) the availability of Treasury checks and local checks; (2) new accounts; and (3) the allocation of risks of loss and liability to the States and political subdivisions.

(Secs. 414 and 421) Amends the Electronic Fund Transfer and the Truth in Lending Act to increase the consumer liability limit in specified circumstances of unauthorized electronic fund transfers and unauthorized use of credit cards where the cardholder has substantially contributed to the unauthorized transfer or use.

(Sec. 432) Amends the Housing and Urban Development Act of 1968 to reduce the homeownership debt counseling notification requirement to no more than once per year.

(Sec. 433) Prohibits a Federal banking agency from imposing data collection requirements upon an institution under its jurisdiction other than the information required under the Home Mortgage Disclosure Act of 1975.

(Secs. 441 and 442) Amends the Real Estate Settlement Procedures Act of 1974 to: (1) modify the disclosure guidelines for the servicing of mortgage loans; and (2) exempt certain credit transactions from its purview.

Title V: Community Investment - (Sec. 501) Amends the Community Reinvestment Act of 1977 (the Act) with respect to: (1) minimizing the regulatory paperwork costs and burdens associated with compliance; (2) conditions under which an application for a deposit facility shall not be denied on the basis of compliance; (3) granting credit to a financial institution for making investments and loans to either minority and women's depository institutions, or to entities providing benefits to distressed communities; (4) assessments of special purpose banks; and (5) the acceptability of State examinations in lieu of Federal examinations.