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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1282 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1282

 To reduce risks to the financial system by limiting banks' ability to 
engage in certain risky activities and limiting conflicts of interest, 
to reinstate certain Glass-Steagall Act protections that were repealed 
         by the Gramm-Leach-Bliley Act, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 11, 2013

   Ms. Warren (for herself, Mr. McCain, Ms. Cantwell, and Mr. King) 
introduced the following bill; which was read twice and referred to the 
            Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL

 
 To reduce risks to the financial system by limiting banks' ability to 
engage in certain risky activities and limiting conflicts of interest, 
to reinstate certain Glass-Steagall Act protections that were repealed 
         by the Gramm-Leach-Bliley Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``21st Century Glass-Steagall Act of 
2013''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) in response to a financial crisis and the ensuing Great 
        Depression, Congress enacted the Banking Act of 1933, known as 
        the ``Glass-Steagall Act'', to prohibit commercial banks from 
        offering investment banking and insurance services;
            (2) a series of deregulatory decisions by the Board of 
        Governors of the Federal Reserve System and the Office of the 
        Comptroller of the Currency, in addition to decisions by 
        Federal courts, permitted commercial banks to engage in an 
        increasing number of risky financial activities that had 
        previously been restricted under the Glass-Steagall Act, and 
        also vastly expanded the meaning of the ``business of banking'' 
        and ``closely related activities'' in banking law;
            (3) in 1999, Congress enacted the ``Gramm-Leach-Bliley 
        Act'', which repealed the Glass-Steagall Act separation between 
        commercial and investment banking and allowed for complex 
        cross-subsidies and interconnections between commercial and 
        investment banks;
            (4) former Kansas City Federal Reserve President Thomas 
        Hoenig observed that ``with the elimination of Glass-Steagall, 
        the largest institutions with the greatest ability to leverage 
        their balance sheets increased their risk profile by getting 
        into trading, market making, and hedge fund activities, adding 
        ever greater complexity to their balance sheets.'';
            (5) the Financial Crisis Inquiry Report issued by the 
        Financial Crisis Inquiry Commission concluded that, in the 
        years between the passage of Gramm-Leach Bliley and the global 
        financial crisis, ``regulation and supervision of traditional 
        banking had been weakened significantly, allowing commercial 
        banks and thrifts to operate with fewer constraints and to 
        engage in a wider range of financial activities, including 
        activities in the shadow banking system.''. The Commission also 
        concluded that ``[t]his deregulation made the financial system 
        especially vulnerable to the financial crisis and exacerbated 
        its effects.'';
            (6) a report by the Financial Stability Oversight Council 
        pursuant to section 123 of the Dodd-Frank Wall Street Reform 
        and Consumer Protection Act states that increased complexity 
        and diversity of financial activities at financial institutions 
        may ``shift institutions towards more risk-taking, increase the 
        level of interconnectedness among financial firms, and 
        therefore may increase systemic default risk. These potential 
        costs may be exacerbated in cases where the market perceives 
        diverse and complex financial institutions as `too big to 
        fail,' which may lead to excessive risk taking and concerns 
        about moral hazard.'';
            (7) the Senate Permanent Subcommittee on Investigations 
        report, ``Wall Street and the Financial Crisis: Anatomy of a 
        Financial Collapse'', states that repeal of Glass-Steagall 
        ``made it more difficult for regulators to distinguish between 
        activities intended to benefit customers versus the financial 
        institution itself. The expanded set of financial services 
        investment banks were allowed to offer also contributed to the 
        multiple and significant conflicts of interest that arose 
        between some investment banks and their clients during the 
        financial crisis.'';
            (8) the Senate Permanent Subcommittee on Investigations 
        report, ``JPMorgan Chase Whale Trades: A Case History of 
        Derivatives Risks and Abuses'', describes how traders at 
        JPMorgan Chase made risky bets using excess deposits that were 
        partly insured by the Federal Government;
            (9) in Europe, the Vickers Independent Commission on 
        Banking (for the United Kingdom) and the Liikanen Report (for 
        the Euro area) have both found that there is no inherent reason 
        to bundle ``retail banking'' with ``investment banking'' or 
        other forms of relatively high risk securities trading, and 
        European countries are set on a path of separating various 
        activities that are currently bundled together in the business 
        of banking;
            (10) private sector actors prefer having access to 
        underpriced public sector insurance, whether explicit (for 
        insured deposits) or implicit (for ``too big to fail'' 
        financial institutions), to subsidize dangerous levels of risk-
        taking, which, from a broader social perspective, is not an 
        advantageous arrangement; and
            (11) the financial crisis, and the regulatory response to 
        the crisis, has led to more mergers between financial 
        institutions, creating greater financial sector consolidation 
        and increasing the dominance of a few large, complex financial 
        institutions that are generally considered to be ``too big to 
        fail'', and therefore are perceived by the markets as having an 
        implicit guarantee from the Federal Government to bail them out 
        in the event of their failure.
    (b) Purpose.--The purposes of this Act are--
            (1) to reduce risks to the financial system by limiting 
        banks' ability to engage in activities other than socially 
        valuable core banking activities;
            (2) to protect taxpayers and reduce moral hazard by 
        removing explicit and implicit government guarantees for high-
        risk activities outside of the core business of banking; and
            (3) to eliminate conflicts of interest that arise from 
        banks engaging in activities from which their profits are 
        earned at the expense of their customers or clients.

SEC. 3. SAFE AND SOUND BANKING.

    (a) Insured Depository Institutions.--Section 18(s) of the Federal 
Deposit Insurance Act (12 U.S.C. 1828(s)) is amended by adding at the 
end the following:
            ``(6) Limitations on banking affiliations.--
                    ``(A) Prohibition on affiliations with 
                nondepository entities.--An insured depository 
                institution may not--
                            ``(i) be or become an affiliate of any 
                        insurance company, securities entity, or swaps 
                        entity;
                            ``(ii) be in common ownership or control 
                        with any insurance company, securities entity, 
                        or swaps entity; or
                            ``(iii) engage in any activity that would 
                        cause the insured depository institution to 
                        qualify as an insurance company, securities 
                        entity, or swaps entity.
                    ``(B) Individuals eligible to serve on boards of 
                depository institutions.--
                            ``(i) In general.--An individual who is an 
                        officer, director, partner, or employee of any 
                        securities entity, insurance company, or swaps 
                        entity may not serve at the same time as an 
                        officer, director, employee, or other 
                        institution-affiliated party of any insured 
                        depository institution.
                            ``(ii) Exception.--Clause (i) does not 
                        apply with respect to service by any individual 
                        which is otherwise prohibited under clause (i), 
                        if the appropriate Federal banking agency 
                        determines, by regulation with respect to a 
                        limited number of cases, that service by such 
                        an individual as an officer, director, 
                        employee, or other institution-affiliated party 
                        of an insured depository institution would not 
                        unduly influence the investment policies of the 
                        depository institution or the advice that the 
                        institution provides to customers.
                            ``(iii) Termination of service.--Subject to 
                        a determination under clause (i), any 
                        individual described in clause (i) who, as of 
                        the date of enactment of the 21st Century 
                        Glass-Steagall Act of 2013, is serving as an 
                        officer, director, employee, or other 
                        institution-affiliated party of any insured 
                        depository institution shall terminate such 
                        service as soon as is practicable after such 
                        date of enactment, and in no event, later than 
                        the end of the 60-day period beginning on that 
                        date of enactment.
                    ``(C) Termination of existing affiliations and 
                activities.--
                            ``(i) Orderly termination of existing 
                        affiliations and activities.--Any affiliation, 
                        common ownership or control, or activity of an 
                        insured depository institution with any 
                        securities entity, insurance company, or swaps 
                        entity, or any other person, as of the date of 
                        enactment of the 21st Century Glass-Steagall 
                        Act of 2013, which is prohibited under 
                        subparagraph (A) shall be terminated as soon as 
                        is practicable, and in no event later than the 
                        end of the 5-year period beginning on that date 
                        of enactment.
                            ``(ii) Early termination.--The appropriate 
                        Federal banking agency, after opportunity for 
                        hearing, at any time, may order termination of 
                        an affiliation, common ownership or control, or 
                        activity prohibited by clause (i) before the 
                        end of the 5-year period described in clause 
                        (i), if the agency determines that--
                                    ``(I) such action is necessary to 
                                prevent undue concentration of 
                                resources, decreased or unfair 
                                competition, conflicts of interest, or 
                                unsound banking practices; and
                                    ``(II) is in the public interest.
                            ``(iii) Extension.--Subject to a 
                        determination under clause (ii), an appropriate 
                        Federal banking agency may extend the 5-year 
                        period described in clause (i) as to any 
                        particular insured depository institution for 
                        not more than an additional 6 months at a time, 
                        if--
                                    ``(I) the agency certifies that 
                                such extension would promote the public 
                                interest and would not pose a 
                                significant threat to the stability of 
                                the banking system or financial markets 
                                in the United States; and
                                    ``(II) such extension, in the 
                                aggregate, does not exceed 1 year for 
                                any one insured depository institution.
                            ``(iv) Requirements for entities receiving 
                        an extension.--Upon receipt of an extension 
                        under clause (iii), the insured depository 
                        institution shall notify its shareholders and 
                        the general public that it has failed to comply 
                        with the requirements of clause (i).
                    ``(D) Definitions.--For purposes of this paragraph, 
                the following definitions shall apply:
                            ``(i) Insurance company.--The term 
                        `insurance company' has the same meaning as in 
                        section 2(q) of the Bank Holding Company Act of 
                        1956 (12 U.S.C. 1841(q)).
                            ``(ii) Securities entity.--Except as 
                        provided in clause (iii), the term `securities 
                        entity'--
                                    ``(I) includes any entity engaged 
                                in--
                                            ``(aa) the issue, 
                                        flotation, underwriting, public 
                                        sale, or distribution of 
                                        stocks, bonds, debentures, 
                                        notes, or other securities;
                                            ``(bb) market making;
                                            ``(cc) activities of a 
                                        broker or dealer, as those 
                                        terms are defined in section 
                                        3(a) of the Securities Exchange 
                                        Act of 1934;
                                            ``(dd) activities of a 
                                        futures commission merchant;
                                            ``(ee) activities of an 
                                        investment adviser or 
                                        investment company, as those 
                                        terms are defined in the 
                                        Investment Advisers Act of 1940 
                                        and the Investment Company Act 
                                        of 1940, respectively; or
                                            ``(ff) hedge fund or 
                                        private equity investments in 
                                        the securities of either 
                                        privately or publicly held 
                                        companies; and
                                    ``(II) does not include a bank 
                                that, pursuant to its authorized trust 
                                and fiduciary activities, purchases and 
                                sells investments for the account of 
                                its customers or provides financial or 
                                investment advice to its customers.
                            ``(iii) Swaps entity.--The term `swaps 
                        entity' means any swap dealer, security-based 
                        swap dealer, major swap participant, or major 
                        security-based swap participant, that is 
                        registered under--
                                    ``(I) the Commodity Exchange Act (7 
                                U.S.C. 1 et seq.); or
                                    ``(II) the Securities Exchange Act 
                                of 1934 (15 U.S.C. 78a et seq.).
                            ``(iv) Insured depository institution.--The 
                        term `insured depository institution'--
                                    ``(I) has the same meaning as in 
                                section 3(c)(2); and
                                    ``(II) does not include a savings 
                                association controlled by a savings and 
                                loan holding company, as described in 
                                section 10(c)(9)(C) of the Home Owners' 
                                Loan Act (12 U.S.C. 1467a(c)(9)(C)).''.
    (b) Limitation on Banking Activities.--Section 21 of the Banking 
Act of 1933 (12 U.S.C. 378) is amended by adding at the end the 
following:
    ``(c) Business of Receiving Deposits.--For purposes of this 
section, the term `business of receiving deposits' includes the 
establishment and maintenance of any transaction account (as defined in 
section 19(b)(1)(C) of the Federal Reserve Act).''.
    (c) Permitted Activities of National Banks.--Section 24 (Seventh) 
of the Revised Statutes of the United States (12 U.S.C. 24 (Seventh)) 
is amended to read as follows:
            ``Seventh. (A) To exercise by its board of directors or 
        duly authorized officers or agents, subject to law, all such 
        powers as are necessary to carry on the business of banking.
            ``(B) As used in this paragraph, the term `business of 
        banking' shall be limited to the following core banking 
        services:
                    ``(i) Receiving deposits.--A national banking 
                association may engage in the business of receiving 
                deposits.
                    ``(ii) Extensions of credit.--A national banking 
                association may--
                            ``(I) extend credit to individuals, 
                        businesses, not for profit organizations, and 
                        other entities;
                            ``(II) discount and negotiate promissory 
                        notes, drafts, bills of exchange, and other 
                        evidences of debt; and
                            ``(III) loan money on personal security.
                    ``(iii) Payment systems.--A national banking 
                association may participate in payment systems, defined 
                as instruments, banking procedures, and interbank funds 
                transfer systems that ensure the circulation of money.
                    ``(iv) Coin and bullion.--A national banking 
                association may buy, sell, and exchange coin and 
                bullion.
                    ``(v) Investments in securities.--
                            ``(I) In general.--A national banking 
                        association may invest in investment 
                        securities, defined as marketable obligations 
                        evidencing indebtedness of any person, 
                        copartnership, association, or corporation in 
                        the form of bonds, notes, or debentures 
                        (commonly known as `investment securities'), 
                        obligations of the Federal Government, or any 
                        State or subdivision thereof, under such 
                        further definition of the term `investment 
                        securities' as the Comptroller of the Currency, 
                        the Federal Deposit Insurance Corporation, and 
                        the Board of Governors of the Federal Reserve 
                        System may jointly prescribe, by regulation.
                            ``(II) Limitations.--The business of 
                        dealing in securities and stock by the 
                        association shall be limited to purchasing and 
                        selling such securities and stock without 
                        recourse, solely upon the order, and for the 
                        account of, customers, and in no case for its 
                        own account, and the association shall not 
                        underwrite any issue of securities or stock. 
                        The association may purchase for its own 
                        account investment securities under such 
                        limitations and restrictions as the Comptroller 
                        of the Currency, the Federal Deposit Insurance 
                        Corporation, and the Board of Governors of the 
                        Federal Reserve System may jointly prescribe, 
                        by regulation. In no event shall the total 
                        amount of the investment securities of any one 
                        obligor or maker, held by the association for 
                        its own account, exceed at any time 10 percent 
                        of its capital stock actually paid in and 
                        unimpaired and 10 percent of its unimpaired 
                        surplus fund, except that such limitation shall 
                        not require any association to dispose of any 
                        securities lawfully held by it on August 23, 
                        1935.
            ``(C) Prohibition against transactions involving structured 
        or synthetic products.--A national banking association shall 
        not invest in a structured or synthetic product, a financial 
        instrument in which a return is calculated based on the value 
        of, or by reference to the performance of, a security, 
        commodity, swap, other asset, or an entity, or any index or 
        basket composed of securities, commodities, swaps, other 
        assets, or entities, other than customarily determined interest 
        rates, or otherwise engage in the business of receiving 
        deposits or extending credit for transactions involving 
        structured or synthetic products.''.
    (d) Permitted Activities of Federal Savings Associations.--
            (1) In general.--Section 5(c)(1) of the Home Owners' Loan 
        Act (12 U.S.C. 1464(c)(1)) is amended--
                    (A) by striking subparagraph (Q); and
                    (B) by redesignating subparagraphs (R) through (U) 
                as subparagraphs (Q) through (T), respectively.
            (2) Conforming amendment.--Section 10(c)(9)(A) of the Home 
        Owners' Loan Act (12 U.S.C. 1467a(c)(9)(A)) is amended by 
        striking ``permitted--'' and all that follows through clause 
        (ii) and inserting ``permitted under paragraph (1)(C) or 
        (2).''.
    (e) Closely Related Activities.--Section 4(c) of the Bank Holding 
Company Act of 1956 (12 U.S.C. 1843(c)) is amended--
            (1) in paragraph (8), by striking ``had been determined'' 
        and all that follows through the end and inserting the 
        following: ``are so closely related to banking so as to be a 
        proper incident thereto, as provided under this paragraph or 
        any rule or regulation issued by the Board under this 
        paragraph, provided that the following shall not be considered 
        closely related for purposes of this paragraph:
                    ``(A) Serving as an investment advisor (as defined 
                in section 2(a)(20) of the Investment Company Act of 
                1940 (15 U.S.C. 80a-2(a)(20))) to an investment company 
                registered under that Act, including sponsoring, 
                organizing, and managing a closed-end investment 
                company.
                    ``(B) Agency transactional services for customer 
                investments, except that this subparagraph may not be 
                construed as prohibiting purchases and sales of 
                investments for the account of customers conducted by a 
                bank (or subsidiary thereof) pursuant to the bank's 
                trust and fiduciary powers.
                    ``(C) Investment transactions as principal, except 
                for activities specifically allowed by paragraph (14).
                    ``(D) Management consulting and counseling 
                activities.'';
            (2) in paragraph (13), by striking ``or'' at the end;
            (3) by redesignating paragraph (14) as paragraph (15); and
            (4) by inserting after paragraph (13) the following:
            ``(14) purchasing, as an end user, any swap, to the extent 
        that--
                    ``(A) the purchase of any such swap occurs 
                contemporaneously with the underlying hedged item or 
                hedged transaction;
                    ``(B) there is formal documentation identifying the 
                hedging relationship with particularity at the 
                inception of the hedge; and
                    ``(C) the swap is being used to hedge against 
                exposure to--
                            ``(i) changes in the value of an individual 
                        recognized asset or liability or an identified 
                        portion thereof that is attributable to a 
                        particular risk;
                            ``(ii) changes in interest rates; or
                            ``(iii) changes in the value of currency; 
                        or''.
    (f) Prohibited Activities.--Section 4(a) of the Bank Holding 
Company Act of 1956 (12 U.S.C. 1843(a)) is amended--
            (1) in paragraph (1), by striking ``or'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; or''; and
            (3) by inserting before the undesignated matter following 
        paragraph (2), the following:
            ``(3) with the exception of the activities permitted under 
        subsection (c), engage in the business of a `securities entity' 
        or a `swaps entity', as those terms are defined in section 
        18(s)(6)(D) of the Federal Deposit Insurance Act (12 U.S.C. 
        1828(s)(6)(D)), including, without limitation, dealing or 
        making markets in securities, repurchase agreements, exchange 
        traded and over-the-counter swaps, as defined by the Commodity 
        Futures Trading Commission and the Securities and Exchange 
        Commission, or structured or synthetic products, as defined in 
        section 24 (Seventh) of the Revised Statutes of the United 
        States (12 U.S.C. 24 (Seventh)), or any other over-the-counter 
        securities, swaps, contracts, or any other agreement that 
        derives its value from, or takes on the form of, such 
        securities, derivatives, or contracts;
            ``(4) engage in proprietary trading, as provided by section 
        13, or any rule or regulation under that section;
            ``(5) own, sponsor, or invest in a hedge fund, or private 
        equity fund, or any other fund, as provided by section 13, or 
        any rule or regulation under that section, or any other fund 
        which exhibits the characteristics of a fund that takes on 
        proprietary trading activities or positions;
            ``(6) hold ineligible securities or derivatives;
            ``(7) engage in market-making; or
            ``(8) engage in prime brokerage activities.''.
    (g) Anti-Evasion.--
            (1) In general.--Any attempt to structure any contract, 
        investment, instrument, or product in such a manner that the 
        purpose or effect of such contract, investment, instrument, or 
        product is to evade or attempt to evade the prohibitions 
        described in section 18(s)(6) of the Federal Deposit Insurance 
        Act, section 21(c) of the Banking Act of 1933, paragraph 
        (Seventh) of section 24 of the Revised Statutes of the United 
        States, section 5(c)(1) of the Home Owners' Loan Act, or 
        section 4(a) of the Bank Holding Company Act of 1956, as added 
        or amended by this section, shall be considered a violation of 
        the Federal Deposit Insurance Act, the Banking Act of 1933, 
        section 24 of the Revised Statutes of the United States, the 
        Home Owners' Loan Act, and the Bank Holding Company Act of 
        1956, respectively.
            (2) Termination.--
                    (A) In general.--Notwithstanding any other 
                provision of law, if a Federal agency has reasonable 
                cause to believe that an insured depository 
                institution, securities entity, swaps entity, insurance 
                company, bank holding company, or other entity over 
                which that agency has regulatory authority has made an 
                investment or engaged in an activity in a manner that 
                functions as an evasion of the prohibitions described 
                in paragraph (1) (including through an abuse of any 
                permitted activity) or otherwise violates such 
                prohibitions, the agency shall--
                            (i) order, after due notice and opportunity 
                        for hearing, the entity to terminate the 
                        activity and, as relevant, dispose of the 
                        investment;
                            (ii) order, after the procedures described 
                        in clause (i), the entity to pay a penalty 
                        equal to 10 percent of the entity's net 
                        profits, averaged over the previous 3 years, 
                        into the United States Treasury; and
                            (iii) initiate proceedings described in 12 
                        U.S.C. 1818(e) for individuals involved in 
                        evading the prohibitions described in paragraph 
                        (1).
                    (B) Construction.--Nothing in this paragraph shall 
                be construed to limit the inherent authority of any 
                Federal agency or State regulatory authority to further 
                restrict any investments or activities under otherwise 
                applicable provisions of law.
            (3) Reporting requirement.--Each year, each Federal agency 
        having regulatory authority over any entity described in 
        paragraph (2)(A) shall issue a report to the Committee on 
        Banking, Housing, and Urban Affairs of the Senate and the 
        Committee on Financial Services of the House of 
        Representatives, and shall make such report available to the 
        public. The report shall identify the number and character of 
        any activities that took place in the preceding year that 
        function as an evasion of the prohibitions described in 
        paragraph (1), the names of the particular entities engaged in 
        those activities, and the actions of the agency taken under 
        paragraph (2).
    (h) Attestation.--Section 4 of the Bank Holding Company Act of 1956 
(12 U.S.C. 1843), as amended by section 3(a)(1) of this Act, is amended 
by adding at the end the following:
    ``(k) Attestation.--Executives of any bank holding company or its 
affiliate shall attest in writing, under penalty of perjury, that the 
bank holding company or affiliate is not engaged in any activity that 
is prohibited under subsection (a), except to the extent that such 
activity is permitted under subsection (c).''.

SEC. 4. REPEAL OF GRAMM-LEACH-BLILEY ACT PROVISIONS.

    (a) Termination of Financial Holding Company Designation.--
            (1) In general.--Section 4 of the Bank Holding Company Act 
        of 1956 (12 U.S.C. 1843) is amended by striking subsections 
        (k), (l), (m), (n), and (o).
            (2) Transition.--
                    (A) Orderly termination of existing affiliation.--
                In the case of a bank holding company which, pursuant 
                to the amendments made by paragraph (1), is no longer 
                authorized to control or be affiliated with any entity 
                that was permissible for a financial holding company on 
                the day before the date of enactment of this Act, any 
                affiliation, ownership or control, or activity by the 
                bank holding company which is not permitted for a bank 
                holding company shall be terminated as soon as is 
                practicable, and in no event later than the end of the 
                5-year period beginning on the date of enactment of 
                this Act.
                    (B) Early termination.--The Board of Governors of 
                the Federal Reserve System (in this section referred to 
                as the ``Board''), after opportunity for hearing, at 
                any time, may terminate an affiliation prohibited by 
                subparagraph (A) before the end of the 5-year period 
                described in subparagraph (A), if the Board determines 
                that such action--
                            (i) is necessary to prevent undue 
                        concentration of resources, decreased or unfair 
                        competition, conflicts of interest, or unsound 
                        banking practices; and
                            (ii) is in the public interest.
                    (C) Extension.--Subject to a determination under 
                subparagraph (B), the Board may extend the 5-year 
                period described in subparagraph (A), as to any 
                particular bank holding company, for not more than an 
                additional 6 months at a time, if--
                            (i) the Board certifies that such extension 
                        would promote the public interest and would not 
                        pose a significant risk to the stability of the 
                        banking system or financial markets of the 
                        United States; and
                            (ii) such extension, in the aggregate, does 
                        not exceed 1 year for any one bank holding 
                        company.
                    (D) Requirements for entities receiving an 
                extension.--Upon receipt of an extension under 
                subparagraph (C), the bank holding company shall notify 
                its shareholders and the general public that it has 
                failed to comply with the requirements of subparagraph 
                (A).
            (3) Technical and conforming amendments.--
                    (A) Bank holding company act of 1956.--The Bank 
                Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) is 
                amended--
                            (i) in section 2 (12 U.S.C. 1841)--
                                    (I) by striking subsection (p); and
                                    (II) by redesignating subsection 
                                (q) as subsection (p);
                            (ii) in section 5(c) (12 U.S.C. 1844(c)), 
                        by striking paragraphs (3), (4), and (5); and
                            (iii) in section 5 (12 U.S.C. 1844), by 
                        striking subsection (g).
            (4) FDIA.--The Federal Deposit Insurance Act (12 U.S.C. 
        1811 et seq.) is amended--
                    (A) by striking sections 45 and 46 (12 U.S.C. 
                1831v, 1831w); and
                    (B) by redesignating sections 47 through 50 as 
                sections 45 through 48, respectively.
            (5) Gramm-leach-bliley.--Subtitle B of title I of the 
        Gramm-Leach-Bliley Act is amended by striking section 115 (12 
        U.S.C. 1820a).
    (b) Financial Subsidiaries of National Banks Disallowed.--
            (1) In general.--Section 5136A of the Revised Statutes of 
        the United States (12 U.S.C. 24a) is repealed.
            (2) Transition.--
                    (A) Orderly termination of existing affiliation.--
                In the case of a national bank which, pursuant to the 
                amendment made by paragraph (1), is no longer 
                authorized to control or be affiliated with a financial 
                subsidiary as of the date of enactment of this Act, 
                such affiliation, ownership or control, or activity 
                shall be terminated as soon as is practicable, and in 
                no event later than the end of the 5-year period 
                beginning on the date of enactment of this Act.
                    (B) Early termination.--The Comptroller of the 
                Currency (in this section referred to as the 
                ``Comptroller''), after opportunity for hearing, at any 
                time, may terminate an affiliation prohibited by 
                subparagraph (A) before the end of the 5-year period 
                described in subparagraph (A), if the Comptroller 
                determines, having due regard for the purposes of this 
                Act, that--
                            (i) such action is necessary to prevent 
                        undue concentration of resources, decreased or 
                        unfair competition, conflicts of interest, or 
                        unsound banking practices; and
                            (ii) is in the public interest.
                    (C) Extension.--Subject to a determination under 
                subparagraph (B), the Comptroller may extend the 5-year 
                period described in subparagraph (A) as to any 
                particular national bank for not more than an 
                additional 6 months, if--
                            (i) the Comptroller certifies that such 
                        extension would promote the public interest and 
                        would not pose a significant risk to the 
                        stability of the banking system or financial 
                        markets of the United States; and
                            (ii) such extension, in the aggregate, does 
                        not exceed 1 year for any single national bank.
                    (D) Requirements for entities receiving an 
                extension.--Upon receipt of an extension under 
                subparagraph (C), the national bank shall notify its 
                shareholders and the general public that it has failed 
                to comply with the requirements described in 
                subparagraph (A).
            (3) Technical and conforming amendment.--The 20th 
        undesignated paragraph of section 9 of the Federal Reserve Act 
        (12 U.S.C. 335) is amended by striking the last sentence.
            (4) Clerical amendment.--The table of sections for chapter 
        one of title LXII of the Revised Statutes of the United States 
        is amended by striking the item relating to section 5136A.
    (c) Repeal of Provision Relating to Foreign Banks Filing as 
Financial Holding Companies.--Section 8(c) of the International Banking 
Act of 1978 (12 U.S.C. 3106(c)) is amended by striking paragraph (3).

SEC. 5. REPEAL OF BANKRUPTCY PROVISIONS.

    Title 11, United States Code, is amended by striking sections 555, 
559, 560, 561, and 562.
                                 <all>
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