H. R. 3841

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To amend the Bank Holding Company Act of 1956, the Revised Statutes of the

United States, and the Federal Deposit Insurance Act to provide for interstate

banking and branching.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Riegle-Neal

Interstate Banking and Branching Efficiency Act of 1994’’.

(b) TABLE OF CONTENTS.—The table of contents for this Act

is as follows:

TITLE I—INTERSTATE BANKING AND BRANCHING

Sec. 101. Interstate banking.

Sec. 102. Interstate bank mergers.

Sec. 103. State ‘‘opt-in’’ election to permit interstate branching through de novo

branches.

Sec. 104. Branching by foreign banks.

Sec. 105. Coordination of examination authority.

Sec. 106. Branch closures.

Sec. 107. Equalizing competitive opportunities for United States and foreign banks.

Sec. 108. Federal Reserve Board study on bank fees.

Sec. 109. Prohibition against deposit production offices.

Sec. 110. Community Reinvestment Act evaluation of banks with interstate

branches.

Sec. 111. Restatement of existing law.

Sec. 112. GAO report on data collection under interstate branching.

Sec. 113. Maximum interest rate on certain FMHA loans.

Sec. 114. Notice requirements for banking agency decisions preempting State law.

Sec. 115. Moratorium on examination fees under the International Banking Act of

1978.

TITLE II—GENERAL PROVISIONS

Sec. 201. Amendments to Federal Deposit Insurance Act and Federal Home Loan

Bank Act.

Sec. 202. Sense of the Senate concerning multilateral export controls.

Sec. 203. Amendments relating to silver medals for Persian Gulf veterans.

Sec. 204. Commemoration of 1995 Special Olympic World Games.

Sec. 205. National Community Service Commemorative Coins.

Sec. 206. Robert F. Kennedy Memorial Commemorative Coins.

Sec. 207. United States Military Academy Bicentennial Commemorative Coins.

Sec. 208. United States Botanic Garden Commemorative Coins.

Sec. 209. Mount Rushmore Commemorative Coins.

Sec. 210. Study and report on the United States financial services system.

Sec. 211. Flexibility in choosing boards of directors.
H. R. 3841—2

TITLE I—INTERSTATE BANKING AND

BRANCHING

SEC. 101. INTERSTATE BANKING.

(a) IN GENERAL.—Section 3(d) of the Bank Holding Company Act of 1956 (12 U.S.C. 1842(d)) is amended to read as follows:

‘‘(d) INTERSTATE BANKING.— ‘‘(1) APPROVALS AUTHORIZED.— ‘‘(A) ACQUISITION OF BANKS.—The Board may approve an application under this section by a bank holding company that is adequately capitalized and adequately managed to acquire control of, or acquire all or substantially

all of the assets of, a bank located in a State other than

the home State of such bank holding company, without

regard to whether such transaction is prohibited under

the law of any State. ‘‘(B) PRESERVATION OF STATE AGE LAWS.— ‘‘(i) IN GENERAL.—Notwithstanding subparagraph (A), the Board may not approve an application pursuant to such subparagraph that would have the effect

of permitting an out-of-State bank holding company

to acquire a bank in a host State that has not been

in existence for the minimum period of time, if any,

specified in the statutory law of the host State. ‘‘(ii) SPECIAL RULE FOR STATE AGE LAWS SPECIFYING

A PERIOD OF MORE THAN 5 YEARS.—Notwithstanding clause (i), the Board may approve, pursuant to

subparagraph (A), the acquisition of a bank that has

been in existence for at least 5 years without regard

to any longer minimum period of time specified in

a statutory law of the host State.

‘‘(C) SHELL BANKS.—For purposes of this subsection,

a bank that has been chartered solely for the purpose

of, and does not open for business prior to, acquiring control

of, or acquiring all or substantially all of the assets of,

an existing bank shall be deemed to have been in existence

for the same period of time as the bank to be acquired. ‘‘(D) EFFECT ON STATE CONTINGENCY LAWS.—No provision of this subsection shall be construed as affecting the

applicability of a State law that makes an acquisition of

a bank contingent upon a requirement to hold a portion

of such bank’s assets available for call by a State-sponsored

housing entity established pursuant to State law, if— ‘‘(i) the State law does not have the effect of

discriminating against out-of-State banks, out-of-State

bank holding companies, or subsidiaries of such banks

or bank holding companies; ‘‘(ii) that State law was in effect as of the date

of enactment of the Riegle-Neal Interstate Banking

and Branching Efficiency Act of 1994; ‘‘(iii) the Federal Deposit Insurance Corporation

has not determined that compliance with such State

law would result in an unacceptable risk to the appropriate deposit insurance fund; and ‘‘(iv) the appropriate Federal banking agency for

such bank has not found that compliance with such
H. R. 3841—3

State law would place the bank in an unsafe or

unsound condition.

‘‘(2) CONCENTRATION LIMITS.—

‘‘(A) NATIONWIDE CONCENTRATION LIMITS.—The Board

may not approve an application pursuant to paragraph

(1)(A) if the applicant (including all insured depository

institutions which are affiliates of the applicant) controls,

or upon consummation of the acquisition for which such

application is filed would control, more than 10 percent

of the total amount of deposits of insured depository institutions in the United States.

‘‘(B) STATEWIDE CONCENTRATION LIMITS OTHER THAN

WITH RESPECT TO INITIAL ENTRIES.—The Board may not

approve an application pursuant to paragraph (1)(A) if—

‘‘(i) immediately before the consummation of the

acquisition for which such application is filed, the

applicant (including any insured depository institution

affiliate of the applicant) controls any insured depository institution or any branch of an insured depository

institution in the home State of any bank to be

acquired or in any host State in which any such bank

maintains a branch; and

‘‘(ii) the applicant (including all insured depository

institutions which are affiliates of the applicant), upon

consummation of the acquisition, would control 30 percent or more of the total amount of deposits of insured

depository institutions in any such State.

‘‘(C) EFFECTIVENESS OF STATE DEPOSIT CAPS.—No provision of this subsection shall be construed as affecting the

authority of any State to limit, by statute, regulation, or

order, the percentage of the total amount of deposits of

insured depository institutions in the State which may

be held or controlled by any bank or bank holding company

(including all insured depository institutions which are

affiliates of the bank or bank holding company) to the

extent the application of such limitation does not discriminate against out-of-State banks, out-of-State bank holding

companies, or subsidiaries of such banks or holding

companies.

‘‘(D) EXCEPTIONS TO SUBPARAGRAPH (B).—The Board

may approve an application pursuant to paragraph (1)(A)

without regard to the applicability of subparagraph (B)

with respect to any State if— ‘‘(i) there is a limitation described in subparagraph (C) in a State statute, regulation, or order which has

the effect of permitting a bank or bank holding company (including all insured depository institutions

which are affiliates of the bank or bank holding company) to control a greater percentage of total deposits

of all insured depository institutions in the State than

the percentage permitted under subparagraph (B); or

‘‘(ii) the acquisition is approved by the appropriate

State bank supervisor of such State and the standard

on which such approval is based does not have the

effect of discriminating against out-of-State banks, outof-State bank holding companies, or subsidiaries of

such banks or holding companies.
H. R. 3841—4

‘‘(E) DEPOSIT DEFINED.—For purposes of this paragraph, the term ‘deposit’ has the same meaning as in

section 3(l) of the Federal Deposit Insurance Act.

‘‘(3) COMMUNITY REINVESTMENT COMPLIANCE.—In determining whether to approve an application under paragraph (1)(A),

the Board shall—

‘‘(A) comply with the responsibilities of the Board

regarding such application under section 804 of the

Community Reinvestment Act of 1977; and

‘‘(B) take into account the applicant’s record of compliance with applicable State community reinvestment laws.

‘‘(4) APPLICABILITY OF ANTITRUST LAWS.—No provision of

this subsection shall be construed as affecting—

‘‘(A) the applicability of the antitrust laws; or

‘‘(B) the applicability, if any, of any State law which

is similar to the antitrust laws.

‘‘(5) EXCEPTION FOR BANKS IN DEFAULT OR IN DANGER OF

DEFAULT.—The Board may approve an application pursuant

to paragraph (1)(A) which involves—

‘‘(A) an acquisition of 1 or more banks in default or

in danger of default; or

‘‘(B) an acquisition with respect to which assistance

is provided under section 13(c) of the Federal Deposit Insurance Act;

without regard to subparagraph (B) or (D) of paragraph (1)

or paragraph (2) or (3).’’.

(b) STATE TAXATION AUTHORITY NOT AFFECTED.—Section 7 of

the Bank Holding Company Act of 1956 (12 U.S.C. 1846) is

amended—

(1) by striking ‘‘No provision’’ and inserting ‘‘(a) IN GEN- ERAL.—No provision’’; and

(2) by adding at the end the following new subsection: ‘‘(b) STATE TAXATION AUTHORITY NOT AFFECTED.—No provision

of this Act shall be construed as affecting the authority of any

State or political subdivision of any State to adopt, apply, or administer any tax or method of taxation to any bank, bank holding

company, or foreign bank, or any affiliate of any bank, bank holding

company, or foreign bank, to the extent that such tax or tax method

is otherwise permissible by or under the Constitution of the United

States or other Federal law.’’.

(c) DEFINITIONS.—Section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841) is amended by adding at the end the

following new subsections: ‘‘(n) INCORPORATED DEFINITIONS.—For purposes of this Act,

the terms ‘insured depository institution’, ‘appropriate Federal

banking agency’, ‘default’, ‘in danger of default’, and ‘State bank

supervisor’ have the same meanings as in section 3 of the Federal

Deposit Insurance Act.

‘‘(o) OTHER DEFINITIONS.—For purposes of this Act, the following definitions shall apply:

‘‘(1) ADEQUATELY CAPITALIZED.—The term ‘adequately

capitalized’ means a level of capitalization which meets or

exceeds all applicable Federal regulatory capital standards.

‘‘(2) ANTITRUST LAWS.—Except as provided in section 11,

the term ‘antitrust laws’—

‘‘(A) has the same meaning as in subsection (a) of

the first section of the Clayton Act; and
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‘‘(B) includes section 5 of the Federal Trade Commission Act to the extent that such section 5 relates to unfair

methods of competition.

‘‘(3) BRANCH.—The term ‘branch’ means a domestic branch

(as defined in section 3 of the Federal Deposit Insurance Act).

‘‘(4) HOME STATE.—The term ‘home State’ means—

‘‘(A) with respect to a national bank, the State in

which the main office of the bank is located;

‘‘(B) with respect to a State bank, the State by which

the bank is chartered; and

‘‘(C) with respect to a bank holding company, the State

in which the total deposits of all banking subsidiaries of

such company are the largest on the later of—

‘‘(i) July 1, 1966; or

‘‘(ii) the date on which the company becomes a

bank holding company under this Act.

‘‘(5) HOST STATE.—The term ‘host State’ means—

‘‘(A) with respect to a bank, a State, other than the

home State of the bank, in which the bank maintains,

or seeks to establish and maintain, a branch; and

‘‘(B) with respect to a bank holding company, a State,

other than the home State of the company, in which the

company controls, or seeks to control, a bank subsidiary.

‘‘(6) OUT-OF-STATE BANK.—The term ‘out-of-State bank’

means, with respect to any State, a bank whose home State

is another State.

‘‘(7) OUT-OF-STATE BANK HOLDING COMPANY.—The term

‘out-of-State bank holding company’ means, with respect to

any State, a bank holding company whose home State is

another State.’’.

(d) SUBSIDIARY DEPOSITORY INSTITUTIONS AS AGENTS.—Section

18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended

by adding at the end the following new subsection:

‘‘(r) SUBSIDIARY DEPOSITORY INSTITUTIONS AS AGENTS FOR CERTAIN AFFILIATES.—

‘‘(1) IN GENERAL.—Any bank subsidiary of a bank holding

company may receive deposits, renew time deposits, close loans,

service loans, and receive payments on loans and other obligations as an agent for a depository institution affiliate.

‘‘(2) BANK ACTING AS AGENT IS NOT A BRANCH.—Notwithstanding any other provision of law, a bank acting as an agent

in accordance with paragraph (1) for a depository institution

affiliate shall not be considered to be a branch of the affiliate.

‘‘(3) PROHIBITIONS ON ACTIVITIES.—A depository institution

may not—

‘‘(A) conduct any activity as an agent under paragraph

(1) or (6) which such institution is prohibited from conducting as a principal under any applicable Federal or State

law; or

‘‘(B) as a principal, have an agent conduct any activity

under paragraph (1) or (6) which the institution is prohibited from conducting under any applicable Federal or State

law.

‘‘(4) EXISTING AUTHORITY NOT AFFECTED.—No provision of

this subsection shall be construed as affecting—
H. R. 3841—6

‘‘(A) the authority of any depository institution to act as an agent on behalf of any other depository institution

under any other provision of law; or ‘‘(B) whether a depository institution which conducts any activity as an agent on behalf of any other depository

institution under any other provision of law shall be considered to be a branch of such other institution.

‘‘(5) AGENCY RELATIONSHIP REQUIRED TO BE CONSISTENT

WITH SAFE AND SOUND BANKING PRACTICES.—An agency rela- tionship between depository institutions under paragraph (1)

or (6) shall be on terms that are consistent with safe and

sound banking practices and all applicable regulations of any

appropriate Federal banking agency. ‘‘(6) AFFILIATED INSURED SAVINGS ASSOCIATIONS.—An

insured savings association which was an affiliate of a bank

on July 1, 1994, may conduct activities as an agent on behalf

of such bank in the same manner as an insured bank affiliate

of such bank may act as agent for such bank under this subsection to the extent such activities are conducted only in— ‘‘(A) any State in which— ‘‘(i) the bank is not prohibited from operating a branch under any provision of Federal or State law;

and

‘‘(ii) the savings association maintained an office or branch and conducted business as of July 1, 1994;

or

‘‘(B) any State in which— ‘‘(i) the bank is not expressly prohibited from operating a branch under a State law described in

section 44(a)(2); and

‘‘(ii) the savings association maintained a main office and conducted business as of July 1, 1994.’’. (e) EFFECTIVE DATE.—The amendments made by this section shall take effect at the end of the 1-year period beginning on

the date of the enactment of this Act.

SEC. 102. INTERSTATE BANK MERGERS.

(a) IN GENERAL.—The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by adding at the end the following new

section:

‘‘SEC. 44. INTERSTATE BANK MERGERS.

‘‘(a) APPROVAL OF INTERSTATE MERGER TRANSACTIONS AUTHOR- IZED.— ‘‘(1) IN GENERAL.—Beginning on June 1, 1997, the respon- sible agency may approve a merger transaction under section

18(c) between insured banks with different home States, without regard to whether such transaction is prohibited under

the law of any State. ‘‘(2) STATE ELECTION TO PROHIBIT INTERSTATE MERGER

TRANSACTIONS.— ‘‘(A) IN GENERAL.—Notwithstanding paragraph (1), a

merger transaction may not be approved pursuant to paragraph (1) if the transaction involves a bank the home

State of which has enacted a law after the date of enactment of the Riegle-Neal Interstate Banking and Branching

Efficiency Act of 1994 and before June 1, 1997, that—

‘‘(i) applies equally to all out-of-State banks; and
H. R. 3841—7

‘‘(ii) expressly prohibits merger transactions involving out-of-State banks.

‘‘(B) NO EFFECT ON PRIOR APPROVALS OF MERGER TRANSACTIONS.—A law enacted by a State pursuant to subparagraph (A) shall have no effect on merger transactions that

were approved before the effective date of such law.

‘‘(3) STATE ELECTION TO PERMIT EARLY INTERSTATE MERGER

TRANSACTIONS.—

‘‘(A) IN GENERAL.—A merger transaction may be

approved pursuant to paragraph (1) before June 1, 1997,

if the home State of each bank involved in the transaction

has in effect, as of the date of the approval of such transaction, a law that—

‘‘(i) applies equally to all out-of-State banks; and

‘‘(ii) expressly permits interstate merger transactions with all out-of-State banks.

‘‘(B) CERTAIN CONDITIONS ALLOWED.—A host State may

impose conditions on a branch within such State of a bank

resulting from an interstate merger transaction if—

‘‘(i) the conditions do not have the effect of discriminating against out-of-State banks, out-of-State bank

holding companies, or any subsidiary of such bank

or company (other than on the basis of a nationwide

reciprocal treatment requirement);

‘‘(ii) the imposition of the conditions is not preempted by Federal law; and

‘‘(iii) the conditions do not apply or require

performance after May 31, 1997.

‘‘(4) INTERSTATE MERGER TRANSACTIONS INVOLVING ACQUISITIONS OF BRANCHES.—

‘‘(A) IN GENERAL.—An interstate merger transaction

may involve the acquisition of a branch of an insured

bank without the acquisition of the bank only if the law

of the State in which the branch is located permits outof-State banks to acquire a branch of a bank in such

State without acquiring the bank.

‘‘(B) TREATMENT OF BRANCH FOR PURPOSES OF THIS

SECTION.—In the case of an interstate merger transaction

which involves the acquisition of a branch of an insured

bank without the acquisition of the bank, the branch shall

be treated, for purposes of this section, as an insured

bank the home State of which is the State in which the

branch is located.

‘‘(5) PRESERVATION OF STATE AGE LAWS.—

‘‘(A) IN GENERAL.—The responsible agency may not

approve an application pursuant to paragraph (1) that

would have the effect of permitting an out-of-State bank

or out-of-State bank holding company to acquire a bank

in a host State that has not been in existence for the

minimum period of time, if any, specified in the statutory

law of the host State.

‘‘(B) SPECIAL RULE FOR STATE AGE LAWS SPECIFYING

A PERIOD OF MORE THAN 5 YEARS.—Notwithstanding

subparagraph (A), the responsible agency may approve a

merger transaction pursuant to paragraph (1) involving

the acquisition of a bank that has been in existence at
H. R. 3841—8

least 5 years without regard to any longer minimum period

of time specified in a statutory law of the host State.

‘‘(6) SHELL BANKS.—For purposes of this subsection, a bank

that has been chartered solely for the purpose of, and does

not open for business prior to, acquiring control of, or acquiring

all or substantially all of the assets of, an existing bank or

branch shall be deemed to have been in existence for the

same period of time as the bank or branch to be acquired.

‘‘(b) PROVISIONS RELATING TO APPLICATION AND APPROVAL

PROCESS.—

‘‘(1) COMPLIANCE WITH STATE FILING REQUIREMENTS.—

‘‘(A) IN GENERAL.—Any bank which files an application

for an interstate merger transaction shall—

‘‘(i) comply with the filing requirements of any

host State of the bank which will result from such

transaction to the extent that the requirement—

‘‘(I) does not have the effect of discriminating

against out-of-State banks or out-of-State bank

holding companies or subsidiaries of such banks

or bank holding companies; and

‘‘(II) is similar in effect to any requirement

imposed by the host State on a nonbanking corporation incorporated in another State that

engages in business in the host State; and

‘‘(ii) submit a copy of the application to the State

bank supervisor of the host State.

‘‘(B) PENALTY FOR FAILURE TO COMPLY.—The responsible agency may not approve an application for an interstate merger transaction if the applicant materially fails

to comply with subparagraph (A).

‘‘(2) CONCENTRATION LIMITS.— ‘‘(A) NATIONWIDE CONCENTRATION LIMITS.—The responsible agency may not approve an application for an interstate merger transaction if the resulting bank (including

all insured depository institutions which are affiliates of

the resulting bank), upon consummation of the transaction,

would control more than 10 percent of the total amount

of deposits of insured depository institutions in the United

States.

‘‘(B) STATEWIDE CONCENTRATION LIMITS OTHER THAN

WITH RESPECT TO INITIAL ENTRIES.—The responsible agency

may not approve an application for an interstate merger

transaction if—

‘‘(i) any bank involved in the transaction (including

all insured depository institutions which are affiliates

of any such bank) has a branch in any State in which

any other bank involved in the transaction has a

branch; and

‘‘(ii) the resulting bank (including all insured

depository institutions which would be affiliates of the

resulting bank), upon consummation of the transaction,

would control 30 percent or more of the total amount

of deposits of insured depository institutions in any

such State.

‘‘(C) EFFECTIVENESS OF STATE DEPOSIT CAPS.—No provision of this subsection shall be construed as affecting the

authority of any State to limit, by statute, regulation, or
H. R. 3841—9

order, the percentage of the total amount of deposits of

insured depository institutions in the State which may

be held or controlled by any bank or bank holding company

(including all insured depository institutions which are

affiliates of the bank or bank holding company) to the

extent the application of such limitation does not discriminate against out-of-State banks, out-of-State bank holding

companies, or subsidiaries of such banks or holding

companies.

‘‘(D) EXCEPTIONS TO SUBPARAGRAPH (B).—The responsible agency may approve an application for an interstate

merger transaction pursuant to subsection (a) without

regard to the applicability of subparagraph (B) with respect

to any State if—

‘‘(i) there is a limitation described in subparagraph

(C) in a State statute, regulation, or order which has

the effect of permitting a bank or bank holding company (including all insured depository institutions

which are affiliates of the bank or bank holding company) to control a greater percentage of total deposits

of all insured depository institutions in the State than

the percentage permitted under subparagraph (B); or

‘‘(ii) the transaction is approved by the appropriate

State bank supervisor of such State and the standard

on which such approval is based does not have the

effect of discriminating against out-of-State banks, outof-State bank holding companies, or subsidiaries of

such banks or holding companies.

‘‘(E) EXCEPTION FOR CERTAIN BANKS.—This paragraph

shall not apply with respect to any interstate merger transaction involving only affiliated banks.

‘‘(3) COMMUNITY REINVESTMENT COMPLIANCE.—In determining whether to approve an application for an interstate merger

transaction in which the resulting bank would have a branch

or bank affiliate immediately following the transaction in any

State in which the bank submitting the application (as the

acquiring bank) had no branch or bank affiliate immediately

before the transaction, the responsible agency shall—

‘‘(A) comply with the responsibilities of the agency

regarding such application under section 804 of the

Community Reinvestment Act of 1977;

‘‘(B) take into account the most recent written evaluation under section 804 of the Community Reinvestment

Act of 1977 of any bank which would be an affiliate of

the resulting bank; and

‘‘(C) take into account the record of compliance of any

applicant bank with applicable State community reinvestment laws.

‘‘(4) ADEQUACY OF CAPITAL AND MANAGEMENT SKILLS.—The

responsible agency may approve an application for an interstate

merger transaction pursuant to subsection (a) only if—

‘‘(A) each bank involved in the transaction is adequately capitalized as of the date the application is filed;

and

‘‘(B) the responsible agency determines that the resulting bank will continue to be adequately capitalized and
H. R. 3841—10

adequately managed upon the consummation of the

transaction.

‘‘(5) SURRENDER OF CHARTER AFTER MERGER TRANSACTION.—The charters of all banks involved in an interstate

merger transaction, other than the charter of the resulting

bank, shall be surrendered, upon request, to the Federal banking agency or State bank supervisor which issued the charter.

‘‘(c) APPLICABILITY OF CERTAIN LAWS TO INTERSTATE BANKING

OPERATIONS.—

‘‘(1) STATE TAXATION AUTHORITY NOT AFFECTED.—

‘‘(A) IN GENERAL.—No provision of this section shall

be construed as affecting the authority of any State or

political subdivision of any State to adopt, apply, or administer any tax or method of taxation to any bank, bank

holding company, or foreign bank, or any affiliate of any

bank, bank holding company, or foreign bank, to the extent

such tax or tax method is otherwise permissible by or

under the Constitution of the United States or other Federal law.

‘‘(B) IMPOSITION OF SHARES TAX BY HOST STATES.—

In the case of a branch of an out-of-State bank which

results from an interstate merger transaction, a proportionate amount of the value of the shares of the out-ofState bank may be subject to any bank shares tax levied

or imposed by the host State, or any political subdivision

of such host State that imposes such tax based upon a

method adopted by the host State, which may include

allocation and apportionment.

‘‘(2) APPLICABILITY OF ANTITRUST LAWS.—No provision of

this section shall be construed as affecting— ‘‘(A) the applicability of the antitrust laws; or

‘‘(B) the applicability, if any, of any State law which

is similar to the antitrust laws.

‘‘(3) RESERVATION OF CERTAIN RIGHTS TO STATES.—No provision of this section shall be construed as limiting in any way

the right of a State to— ‘‘(A) determine the authority of State banks chartered

by that State to establish and maintain branches; or ‘‘(B) supervise, regulate, and examine State banks

chartered by that State.

‘‘(4) STATE-IMPOSED NOTICE REQUIREMENTS.—A host State

may impose any notification or reporting requirement on a

branch of an out-of-State bank if the requirement—

‘‘(A) does not discriminate against out-of-State banks

or bank holding companies; and

‘‘(B) is not preempted by any Federal law regarding

the same subject.

‘‘(d) OPERATIONS OF THE RESULTING BANK.—

‘‘(1) CONTINUED OPERATIONS.—A resulting bank may, subject to the approval of the appropriate Federal banking agency,

retain and operate, as a main office or a branch, any office

that any bank involved in an interstate merger transaction

was operating as a main office or a branch immediately before

the merger transaction.

‘‘(2) ADDITIONAL BRANCHES.—Following the consummation

of any interstate merger transaction, the resulting bank may

establish, acquire, or operate additional branches at any loca-
H. R. 3841—11

tion where any bank involved in the transaction could have

established, acquired, or operated a branch under applicable

Federal or State law if such bank had not been a party to

the merger transaction.

‘‘(3) CERTAIN CONDITIONS AND COMMITMENTS CONTINUED.—

If, as a condition for the acquisition of a bank by an outof-State bank holding company before the date of the enactment

of the Riegle-Neal Interstate Banking and Branching Efficiency

Act of 1994—

‘‘(A) the home State of the acquired bank imposed

conditions on such acquisition by such out-of-State bank

holding company; or

‘‘(B) the bank holding company made commitments

to such State in connection with the acquisition,

the State may enforce such conditions and commitments with

respect to such bank holding company or any affiliated successor company which controls a bank or branch in such State

as a result of an interstate merger transaction to the same

extent as the State could enforce such conditions or commitments against the bank holding company before the consummation of the merger transaction.

‘‘(e) EXCEPTION FOR BANKS IN DEFAULT OR IN DANGER OF

DEFAULT.—If an application under subsection (a)(1) for approval

of a merger transaction which involves 1 or more banks in default

or in danger of default or with respect to which the Corporation

provides assistance under section 13(c), the responsible agency may

approve such application without regard to subsection (b), or paragraph (2), (4), or (5) of subsection (a).

‘‘(f) DEFINITIONS.—For purposes of this section, the following

definitions shall apply:

‘‘(1) ADEQUATELY CAPITALIZED.—The term ‘adequately

capitalized’ has the same meaning as in section 38.

‘‘(2) ANTITRUST LAWS.—The term ‘antitrust laws’—

‘‘(A) has the same meaning as in subsection (a) of

the first section of the Clayton Act; and

‘‘(B) includes section 5 of the Federal Trade Commission Act to the extent such section 5 relates to unfair

methods of competition.

‘‘(3) BRANCH.—The term ‘branch’ means any domestic

branch.

‘‘(4) HOME STATE.—The term ‘home State’—

‘‘(A) means—

‘‘(i) with respect to a national bank, the State

in which the main office of the bank is located; and

‘‘(ii) with respect to a State bank, the State by

which the bank is chartered; and

‘‘(B) with respect to a bank holding company, has the

same meaning as in section 2(o)(4) of the Bank Holding

Company Act of 1956.

‘‘(5) HOST STATE.—The term ‘host State’ means, with

respect to a bank, a State, other than the home State of

the bank, in which the bank maintains, or seeks to establish

and maintain, a branch.

‘‘(6) INTERSTATE MERGER TRANSACTION.—The term ‘interstate merger transaction’ means any merger transaction

approved pursuant to subsection (a)(1).
H. R. 3841—12

‘‘(7) MERGER TRANSACTION.—The term ‘merger transaction’

has the meaning determined under section 18(c)(3).

‘‘(8) OUT-OF-STATE BANK.—The term ‘out-of-State bank’

means, with respect to any State, a bank whose home State

is another State.

‘‘(9) OUT-OF-STATE BANK HOLDING COMPANY.—The term

‘out-of-State bank holding company’ means, with respect to

any State, a bank holding company whose home State is

another State.

‘‘(10) RESPONSIBLE AGENCY.—The term ‘responsible agency’

means the agency determined in accordance with section

18(c)(2) with respect to a merger transaction.

‘‘(11) RESULTING BANK.—The term ‘resulting bank’ means

a bank that has resulted from an interstate merger transaction

under this section.’’.

(b) TECHNICAL AND CONFORMING AMENDMENTS.—

(1) REVISED STATUTES.—Section 5155 of the Revised Statutes (12 U.S.C. 36) is amended—

(A) by redesignating subsections (d) through (h) as

subsections (h) through (l), respectively; and

(B) by inserting after subsection (c) the following new

subsections:

‘‘(d) BRANCHES RESULTING FROM INTERSTATE MERGER TRANSACTIONS.—A national bank resulting from an interstate merger

transaction (as defined in section 44(f)(6) of the Federal Deposit

Insurance Act) may maintain and operate a branch in a State

other than the home State (as defined in subsection (g)(3)(B)) of

such bank in accordance with section 44 of the Federal Deposit

Insurance Act.

‘‘(e) EXCLUSIVE AUTHORITY FOR ADDITIONAL BRANCHES.— ‘‘(1) IN GENERAL.—Effective June 1, 1997, a national bank

may not acquire, establish, or operate a branch in any State

other than the bank’s home State (as defined in subsection

(g)(3)(B)) or a State in which the bank already has a branch

unless the acquisition, establishment, or operation of such

branch in such State by such national bank is authorized

under this section or section 13(f), 13(k), or 44 of the Federal

Deposit Insurance Act.

‘‘(2) RETENTION OF BRANCHES.—In the case of a national

bank which relocates the main office of such bank from 1

State to another State after May 31, 1997, the bank may

retain and operate branches within the State which was the

bank’s home State (as defined in subsection (g)(3)(B)) before

the relocation of such office only to the extent the bank would

be authorized, under this section or any other provision of

law referred to in paragraph (1), to acquire, establish, or commence to operate a branch in such State if—

‘‘(A) the bank had no branches in such State; or

‘‘(B) the branch resulted from—

‘‘(i) an interstate merger transaction approved

pursuant to section 44 of the Federal Deposit Insurance

Act; or

‘‘(ii) a transaction after May 31, 1997, pursuant

to which the bank received assistance from the Federal

Deposit Insurance Corporation under section 13(c) of

such Act.

‘‘(f) LAW APPLICABLE TO INTERSTATE BRANCHING OPERATIONS.—
H. R. 3841—13

‘‘(1) LAW APPLICABLE TO NATIONAL BANK BRANCHES.—

‘‘(A) IN GENERAL.—The laws of the host State regarding

community reinvestment, consumer protection, fair lending,

and establishment of intrastate branches shall apply to

any branch in the host State of an out-of-State national

bank to the same extent as such State laws apply to

a branch of a bank chartered by that State, except—

‘‘(i) when Federal law preempts the application

of such State laws to a national bank; or

‘‘(ii) when the Comptroller of the Currency determines that the application of such State laws would

have a discriminatory effect on the branch in comparison with the effect the application of such State laws

would have with respect to branches of a bank chartered by the host State.

‘‘(B) ENFORCEMENT OF APPLICABLE STATE LAWS.—The

provisions of any State law to which a branch of a national

bank is subject under this paragraph shall be enforced,

with respect to such branch, by the Comptroller of the

Currency.

‘‘(2) TREATMENT OF BRANCH AS BANK.—All laws of a host

State, other than the laws regarding community reinvestment,

consumer protection, fair lending, establishment of intrastate

branches, and the application or administration of any tax

or method of taxation, shall apply to a branch (in such State)

of an out-of-State national bank to the same extent as such

laws would apply if the branch were a national bank the

main office of which is in such State.

‘‘(3) RULE OF CONSTRUCTION.—No provision of this subsection may be construed as affecting the legal standards for

preemption of the application of State law to national banks.’’.

(2) ACT OF MAY 1, 1886.—Section 2 of the Act entitled

‘‘An Act to enable national banking associations to increase

their capital stock and to change their names and locations.’’

and approved May 1, 1886 (12 U.S.C. 30) is amended by adding

at the end the following new subsection:

‘‘(c) COORDINATION WITH REVISED STATUTES.—In the case of

a national bank which relocates the main office of such bank from

1 State to another State after May 31, 1997, the bank may retain

and operate branches within the State from which the bank

relocated such office only to the extent authorized in section

5155(e)(2) of the Revised Statutes.’’.

(3) FEDERAL DEPOSIT INSURANCE ACT.—

(A) EXCLUSIVE AUTHORITY FOR ADDITIONAL BRANCHES

OF STATE NONMEMBER BANKS.—Section 18(d) of the Federal

Deposit Insurance Act (12 U.S.C. 1828(d)) is amended by

adding at the end the following new paragraph:

‘‘(3) EXCLUSIVE AUTHORITY FOR ADDITIONAL BRANCHES.—

‘‘(A) IN GENERAL.—Effective June 1, 1997, a State

nonmember bank may not acquire, establish, or operate

a branch in any State other than the bank’s home State

(as defined in section 44(f)(4)) or a State in which the

bank already has a branch unless the acquisition, establishment, or operation of a branch in such State by a State

nonmember bank is authorized under this subsection or

section 13(f), 13(k), or 44.
H. R. 3841—14

‘‘(B) RETENTION OF BRANCHES.—In the case of a State

nonmember bank which relocates the main office of such

bank from 1 State to another State after May 31, 1997,

the bank may retain and operate branches within the State

which was the bank’s home State (as defined in section

44(f)(4)) before the relocation of such office only to the

extent the bank would be authorized, under this section

or any other provision of law referred to in subparagraph

(A), to acquire, establish, or commence to operate a branch

in such State if—

‘‘(i) the bank had no branches in such State; or

‘‘(ii) the branch resulted from—

‘‘(I) an interstate merger transaction approved

pursuant to section 44; or ‘‘(II) a transaction after May 31, 1997, pursu- ant to which the bank received assistance from

the Corporation under section 13(c).’’.

(B) ACTIVITIES OF BRANCHES OF STATE BANKS RESULT- ING FROM INTERSTATE MERGER TRANSACTIONS.—Section 24

of the Federal Deposit Insurance Act (12 U.S.C. 1831a)

is amended by adding at the end the following new subsection:

‘‘(j) ACTIVITIES OF BRANCHES OF OUT-OF-STATE BANKS.—

‘‘(1) IN GENERAL.—The laws of a host State, including laws

regarding community reinvestment, consumer protection, fair

lending, and establishment of intrastate branches, shall apply

to any branch in the host State of an out-of-State State bank

to the same extent as such State laws apply to a branch

of a bank chartered by that State.

‘‘(2) ACTIVITIES OF BRANCHES.—An insured State bank that

establishes a branch in a host State may not conduct any

activity at such branch that is not permissible for a bank

chartered by the host State.

‘‘(3) DEFINITIONS.—The terms ‘host State’, ‘interstate

merger transaction’, and ‘out-of-State bank’ have the same

meanings as in section 44(f).’’.

(4) ACT OF NOVEMBER 7, 1918.—The Act entitled ‘‘An Act

to provide for the consolidation of the national banking associations.’’ and approved November 7, 1918 (12 U.S.C. 215 et seq.)

is amended—

(A) by redesignating section 2 as section 3;

(B) by redesignating section 3 as section 5;

(C) in the 1st section, by striking ‘‘That (a) any national

banking association’’ and inserting the following:

‘‘SECTION 1. SHORT TITLE.

‘‘This Act may be cited as the ‘National Bank Consolidation

and Merger Act’.

‘‘SEC. 2. CONSOLIDATION OF BANKS WITHIN THE SAME STATE.

‘‘(a) IN GENERAL.—Any national bank’’; and

(D) by inserting after section 3 (as so redesignated

under subparagraph (A) of this paragraph) the following

new section:

‘‘SEC. 4. INTERSTATE CONSOLIDATIONS AND MERGERS.

‘‘(a) IN GENERAL.—A national bank may engage in a consolidation or merger under this Act with an out-of-State bank if the
H. R. 3841—15

consolidation or merger is approved pursuant to section 44 of the

Federal Deposit Insurance Act.

‘‘(b) SCOPE OF APPLICATION.—Subsection (a) shall not apply

with respect to any consolidation or merger before June 1, 1997,

unless the home State of each bank involved in the transaction

has in effect a law described in section 44(a)(3) of the Federal

Deposit Insurance Act.

‘‘(c) DEFINITIONS.—The terms ‘home State’ and ‘out-of-State

bank’ have the same meaning as in section 44(f) of the Federal

Deposit Insurance Act.’’.

(5) HOME OWNERS’ LOAN ACT.—Section 3 of the Home Owners’ Loan Act (12 U.S.C. 1462a) is amended—

(A) by redesignating subsections (f) through (i) as subsections (g) through (j), respectively; and

(B) by inserting after subsection (e), the following new

subsection:

‘‘(f) STATE HOMESTEAD PROVISIONS.—No provision of this Act

or any other provision of law administered by the Director shall

be construed as superseding any homestead provision of any State

constitution, including any implementing State statute, in effect

on the date of enactment of the Riegle-Neal Interstate Banking

and Branching Efficiency Act of 1994, or any subsequent amendment to such a State constitutional or statutory provision in effect

on such date, that exempts the homestead of any person from

foreclosure, or forced sale, for the payment of all debts, other

than a purchase money obligation relating to the homestead, taxes

due on the homestead, or an obligation arising from work and

material used in constructing improvements on the homestead.’’.

SEC. 103. STATE ‘‘OPT-IN’’ ELECTION TO PERMIT INTERSTATE BRANCHING THROUGH DE NOVO BRANCHES.

(a) NATIONAL BANKS.—Section 5155 of the Revised Statutes

(12 U.S.C. 36) is amended by inserting after subsection (f) (as

added by section 102(b)) the following new subsection: ‘‘(g) STATE ‘OPT-IN’ ELECTION TO PERMIT INTERSTATE BRANCH- ING THROUGH DE NOVO BRANCHES.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), the Comptroller

of the Currency may approve an application by a national

bank to establish and operate a de novo branch in a State

(other than the bank’s home State) in which the bank does

not maintain a branch if—

‘‘(A) there is in effect in the host State a law that—

‘‘(i) applies equally to all banks; and

‘‘(ii) expressly permits all out-of-State banks to

establish de novo branches in such State; and

‘‘(B) the conditions established in, or made applicable

to this paragraph by, paragraph (2) are met.

‘‘(2) CONDITIONS ON ESTABLISHMENT AND OPERATION OF

INTERSTATE BRANCH.—

‘‘(A) ESTABLISHMENT.—An application by a national

bank to establish and operate a de novo branch in a host

State shall be subject to the same requirements and conditions to which an application for an interstate merger

transaction is subject under paragraphs (1), (3), and (4)

of section 44(b) of the Federal Deposit Insurance Act.

‘‘(B) OPERATION.—Subsections (c) and (d)(2) of section

44 of the Federal Deposit Insurance Act shall apply with
H. R. 3841—16

respect to each branch of a national bank which is established and operated pursuant to an application approved

under this subsection in the same manner and to the

same extent such provisions of such section 44 apply to

a branch of a national bank which resulted from an interstate merger transaction approved pursuant to such section

44.

‘‘(3) DEFINITIONS.—The following definitions shall apply for

purposes of this section:

‘‘(A) DE NOVO BRANCH.—The term ‘de novo branch’

means a branch of a national bank which—

‘‘(i) is originally established by the national bank

as a branch; and

‘‘(ii) does not become a branch of such bank as

a result of—

‘‘(I) the acquisition by the bank of an insured

depository institution or a branch of an insured

depository institution; or

‘‘(II) the conversion, merger, or consolidation

of any such institution or branch.

‘‘(B) HOME STATE.—The term ‘home State’ means the

State in which the main office of a national bank is located.

‘‘(C) HOST STATE.—The term ‘host State’ means, with

respect to a bank, a State, other than the home State

of the bank, in which the bank maintains, or seeks to

establish and maintain, a branch.’’.

(b) STATE BANKS.—Section 18(d) of the Federal Deposit Insurance Act (12 U.S.C. 1828(d)) is amended by inserting after paragraph (3) (as added by section 102(b)(3) of this title) the following

new paragraph: ‘‘(4) STATE ‘OPT-IN’ ELECTION TO PERMIT INTERSTATE

BRANCHING THROUGH DE NOVO BRANCHES.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), the

Corporation may approve an application by an insured

State nonmember bank to establish and operate a de novo

branch in a State (other than the bank’s home State)

in which the bank does not maintain a branch if—

‘‘(i) there is in effect in the host State a law that—

‘‘(I) applies equally to all banks; and

‘‘(II) expressly permits all out-of-State banks

to establish de novo branches in such State; and

‘‘(ii) the conditions established in, or made

applicable to this paragraph by, subparagraph (B) are

met.

‘‘(B) CONDITIONS ON ESTABLISHMENT AND OPERATION

OF INTERSTATE BRANCH.—

‘‘(i) ESTABLISHMENT.—An application by an insured

State nonmember bank to establish and operate a de

novo branch in a host State shall be subject to the

same requirements and conditions to which an application for a merger transaction is subject under paragraphs (1), (3), and (4) of section 44(b).

‘‘(ii) OPERATION.—Subsections (c) and (d)(2) of section 44 shall apply with respect to each branch of

an insured State nonmember bank which is established

and operated pursuant to an application approved

under this paragraph in the same manner and to the
H. R. 3841—17

same extent such provisions of such section apply to

a branch of a State bank which resulted from a merger

transaction under such section 44.

‘‘(C) DE NOVO BRANCH DEFINED.—For purposes of this

paragraph, the term ‘de novo branch’ means a branch of

a State bank which—

‘‘(i) is originally established by the State bank

as a branch; and

‘‘(ii) does not become a branch of such bank as

a result of—

‘‘(I) the acquisition by the bank of an insured

depository institution or a branch of an insured

depository institution; or

‘‘(II) the conversion, merger, or consolidation

of any such institution or branch.

‘‘(D) HOME STATE DEFINED.—The term ‘home State’

means the State by which a State bank is chartered.

‘‘(E) HOST STATE DEFINED.—The term ‘host State’

means, with respect to a bank, a State, other than the

home State of the bank, in which the bank maintains,

or seeks to establish and maintain, a branch.’’.

SEC. 104. BRANCHING BY FOREIGN BANKS.

(a) IN GENERAL.—Section 5(a) of the International Banking

Act of 1978 (12 U.S.C. 3103(a)) is amended to read as follows:

‘‘(a) INTERSTATE BRANCHING AND AGENCY OPERATIONS.—

‘‘(1) FEDERAL BRANCH OR AGENCY.—Subject to the provisions of this Act and with the prior written approval by the

Board and the Comptroller of the Currency of an application,

a foreign bank may establish and operate a Federal branch

or agency in any State outside the home State of such foreign

bank to the extent that the establishment and operation of

such branch would be permitted under section 5155(g) of the

Revised Statutes or section 44 of the Federal Deposit Insurance

Act if the foreign bank were a national bank whose home

State is the same State as the home State of the foreign

bank.

‘‘(2) STATE BRANCH OR AGENCY.—Subject to the provisions

of this Act and with the prior written approval by the Board

and the appropriate State bank supervisor of an application,

a foreign bank may establish and operate a State branch or

agency in any State outside the home State of such foreign

bank to the extent that such establishment and operation would

be permitted under section 18(d)(4) or 44 of the Federal Deposit

Insurance Act if the foreign bank were a State bank whose

home State is the same State as the home State of the foreign

bank.

‘‘(3) CRITERIA FOR DETERMINATION.—In approving an

application under paragraph (1) or (2), the Board and (in the

case of an application under paragraph (1)) the Comptroller

of the Currency—

‘‘(A) shall apply the standards applicable to the

establishment of a foreign bank office in the United States

under section 7(d);

‘‘(B) may not approve an application unless the Board

and (in the case of an application under paragraph (1))

the Comptroller of the Currency—
H. R. 3841—18

‘‘(i) determine that the foreign bank’s financial

resources, including the capital level of the bank, are

equivalent to those required for a domestic bank to

be approved for branching under section 5155 of the

Revised Statutes and section 44 of the Federal Deposit

Insurance Act; and

‘‘(ii) consult with the Secretary of the Treasury

regarding capital equivalency; and

‘‘(C) shall apply the same requirements and conditions

to which an application for an interstate merger transaction

is subject under paragraphs (1), (3), and (4) of section

44(b) of the Federal Deposit Insurance Act.

‘‘(4) OPERATION.—Subsections (c) and (d)(2) of section 44

of the Federal Deposit Insurance Act shall apply with respect

to each branch and agency of a foreign bank which is established and operated pursuant to an application approved under

this subsection in the same manner and to the same extent

such provisions of such section apply to a domestic branch

of a national or State bank (as such terms are defined in

section 3 of such Act) which resulted from a merger transaction

under such section 44.

‘‘(5) EXCLUSIVE AUTHORITY FOR ADDITIONAL BRANCHES.—

Except as provided in this section, a foreign bank may not,

directly or indirectly, acquire, establish, or operate a branch

or agency in any State other than the home State of such

bank.

‘‘(6) REQUIREMENT FOR A SEPARATE SUBSIDIARY.—If the

Board or the Comptroller of the Currency, taking into account

differing regulatory or accounting standards, finds that adherence by a foreign bank to capital requirements equivalent to

those imposed under section 5155 of the Revised Statutes and

section 44 of the Federal Deposit Insurance Act could be verified

only if the banking activities of such bank in the United States

are carried out in a domestic banking subsidiary within the

United States, the Board and (in the case of an application

under paragraph (1)) the Comptroller of the Currency may

approve an application under paragraph (1) or (2) subject to

a requirement that the foreign bank or company controlling

the foreign bank establish a domestic banking subsidiary in

the United States.

‘‘(7) ADDITIONAL AUTHORITY FOR INTERSTATE BRANCHES AND

AGENCIES OF FOREIGN BANKS.—Notwithstanding paragraphs (1) and (2), a foreign bank may, with the approval of the Board

and the Comptroller of the Currency, establish and operate

a Federal branch or Federal agency or, with the approval

of the Board and the appropriate State bank supervisor, a

State branch or State agency in any State outside the foreign

bank’s home State if—

‘‘(A) the establishment and operation of a branch or

agency is expressly permitted by the State in which the

branch or agency is to be established; and

‘‘(B) in the case of a Federal or State branch, the

branch receives only such deposits as would be permissible

for a corporation organized under section 25A of the Federal

Reserve Act.

‘‘(9) HOME STATE OF DOMESTIC BANK DEFINED.—For purposes of this subsection, the term ‘home State’ means—
H. R. 3841—19

‘‘(A) with respect to a national bank, the State in

which the main office of the bank is located; and

‘‘(B) with respect to a State bank, the State by which

the bank is chartered.’’.

(b) CONTINUED AUTHORITY FOR LIMITED BRANCHES, AGENCIES,

OR COMMERCIAL LENDING COMPANIES.—Section 5(b) of the International Banking Act of 1978 (12 U.S.C. 3103(b)) is amended by

adding at the end the following new sentence: ‘‘Notwithstanding

subsection (a), a foreign bank may continue to operate, after the

enactment of the Riegle-Neal Interstate Banking and Branching

Efficiency Act of 1994, any Federal branch, State branch, Federal

agency, State agency, or commercial lending company subsidiary

which such bank was operating on the day before the date of

the enactment of such Act to the extent the branch, agency, or

subsidiary continues, after the enactment of such Act, to engage

in operations which were lawful under the laws in effect on the

day before such date.’’.

(c) CLARIFICATION OF BRANCHING RULES IN THE CASE OF A

FOREIGN BANK WITH A DOMESTIC BANK SUBSIDIARY.—Section 5

of the International Banking Act of 1978 (12 U.S.C. 3103) is

amended by adding at the end the following new subsection:

‘‘(d) CLARIFICATION OF BRANCHING RULES IN THE CASE OF A

FOREIGN BANK WITH A DOMESTIC BANK SUBSIDIARY.—In the case

of a foreign bank that has a domestic bank subsidiary within

the United States—

‘‘(1) the fact that such bank controls a domestic bank shall

not affect the authority of the foreign bank to establish Federal

and State branches or agencies to the extent permitted under

subsection (a); and

‘‘(2) the fact that the domestic bank is controlled by a

foreign bank which has Federal or State branches or agencies

in States other than the home State of such domestic bank

shall not affect the authority of the domestic bank to establish

branches outside the home State of the domestic bank to the

extent permitted under section 5155(g) of the Revised Statutes

or section 18(d)(4) or 44 of the Federal Deposit Insurance Act,

as the case may be.’’.

(d) HOME STATE DETERMINATIONS.—Section 5(c) of the International Banking Act of 1978 (12 U.S.C. 3103(c)) is amended to

read as follows:

‘‘(c) DETERMINATION OF HOME STATE OF FOREIGN BANK.—For

the purposes of this section—

‘‘(1) in the case of a foreign bank that has any branch,

agency, subsidiary commercial lending company, or subsidiary

bank in more than 1 State, the home State of the foreign

bank is the 1 State of such States which is selected to be

the home State by the foreign bank or, in default of any

such selection, by the Board; and

‘‘(2) in the case of a foreign bank that does not have

a branch, agency, subsidiary commercial lending company, or

subsidiary bank in more than 1 State, the home State of the

foreign bank is the State in which the foreign bank has a

branch, agency, subsidiary commercial lending company, or

subsidiary bank.’’.
H. R. 3841—20

SEC. 105. COORDINATION OF EXAMINATION AUTHORITY.

Section 10 of the Federal Deposit Insurance Act (12 U.S.C.

1820) is amended by inserting after subsection (g) the following

new subsection:

‘‘(h) COORDINATION OF EXAMINATION AUTHORITY.—

‘‘(1) IN GENERAL.—The appropriate State bank supervisor

of a host State may examine a branch operated in such State

by an out-of-State insured State bank that resulted from an

interstate merger transaction approved under section 44 or

a branch established in such State pursuant to section 5155(g)

of the Revised Statutes or section 18(d)(4)—

‘‘(A) for the purpose of determining compliance with

host State laws, including those that govern banking,

community reinvestment, fair lending, consumer protection,

and permissible activities; and

‘‘(B) to ensure that the activities of the branch are

not conducted in an unsafe or unsound manner.

‘‘(2) ENFORCEMENT.—If the State bank supervisor of a host

State determines that there is a violation of the law of the

host State concerning the activities being conducted by a branch

described in paragraph (1) or that the branch is being operated

in an unsafe and unsound manner, the State bank supervisor

of the host State or, to the extent authorized by the law of

the host State, a State law enforcement officer may undertake

such enforcement actions and proceedings as would be permitted under the law of the host State as if the branch were

a bank chartered by that host State.

‘‘(3) COOPERATIVE AGREEMENT.—The State bank supervisors from 2 or more States may enter into cooperative agreements to facilitate State regulatory supervision of State banks,

including cooperative agreements relating to the coordination

of examinations and joint participation in examinations.

‘‘(4) FEDERAL REGULATORY AUTHORITY.—No provision of this

subsection shall be construed as limiting in any way the authority of an appropriate Federal banking agency to examine or

to take any enforcement actions or proceedings against any

bank or branch of a bank for which the agency is the appropriate Federal banking agency.’’.

SEC. 106. BRANCH CLOSURES.

Section 42 of the Federal Deposit Insurance Act (12 U.S.C.

1831r–1) is amended by adding at the end the following new subsection:

‘‘(d) BRANCH CLOSURES IN INTERSTATE BANKING OR BRANCHING

OPERATIONS.—

‘‘(1) NOTICE REQUIREMENTS.—In the case of an interstate

bank which proposes to close any branch in a low- or moderateincome area, the notice required under subsection (b)(2) shall

contain the mailing address of the appropriate Federal banking

agency and a statement that comments on the proposed closing

of such branch may be mailed to such agency.

‘‘(2) ACTION REQUIRED BY APPROPRIATE FEDERAL BANKING

AGENCY.—If, in the case of a branch referred to in paragraph (1)—

‘‘(A) a person from the area in which such branch

is located—
H. R. 3841—21

‘‘(i) submits a written request relating to the closing of such branch to the appropriate Federal banking

agency; and

‘‘(ii) includes a statement of specific reasons for

the request, including a discussion of the adverse effect

of such closing on the availability of banking services

in the area affected by the closing of the branch; and

‘‘(B) the agency concludes that the request is not

frivolous,

the agency shall consult with community leaders in the affected

area and convene a meeting of representatives of the agency

and other interested depository institution regulatory agencies

with community leaders in the affected area and such other

individuals, organizations, and depository institutions (as

defined in section 19(b)(1)(A) of the Federal Reserve Act) as

the agency may determine, in the discretion of the agency,

to be appropriate, to explore the feasibility of obtaining adequate alternative facilities and services for the affected area,

including the establishment of a new branch by another depository institution, the chartering of a new depository institution,

or the establishment of a community development credit union,

following the closing of the branch.

‘‘(3) NO EFFECT ON CLOSING.—No action by the appropriate

Federal banking agency under paragraph (2) shall affect the

authority of an interstate bank to close a branch (including

the timing of such closing) if the requirements of subsections

(a) and (b) have been met by such bank with respect to the

branch being closed. ‘‘(4) DEFINITIONS.—For purposes of this subsection, the following definitions shall apply: ‘‘(A) INTERSTATE BANK DEFINED.—The term ‘interstate

bank’ means a bank which maintains branches in more

than 1 State.

‘‘(B) LOW- OR MODERATE-INCOME AREA.—The term ‘lowor moderate-income area’ means a census tract for which

the median family income is— ‘‘(i) less than 80 percent of the median family income for the metropolitan statistical area (as designated by the Director of the Office of Management

and Budget) in which the census tract is located; or ‘‘(ii) in the case of a census tract which is not

located in a metropolitan statistical area, less than

80 percent of the median family income for the State

in which the census tract is located, as determined

without taking into account family income in metropolitan statistical areas in such State.’’.

SEC. 107. EQUALIZING COMPETITIVE OPPORTUNITIES FOR UNITED

STATES AND FOREIGN BANKS.

(a) REGULATORY OBJECTIVES.—Section 6 of the International

Banking Act of 1978 (12 U.S.C. 3104) is amended—

(1) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively; and

(2) by inserting after ‘‘SEC. 6’’ the following new subsection:

‘‘(a) OBJECTIVE.—In implementing this section, the Comptroller

and the Federal Deposit Insurance Corporation shall each, by affording equal competitive opportunities to foreign and United States
H. R. 3841—22

banking organizations in their United States operations, ensure

that foreign banking organizations do not receive an unfair competitive advantage over United States banking organizations.’’.

(b) REVIEW OF REGULATIONS.—

(1) IN GENERAL.—Each Federal banking agency, after consultation with the other Federal banking agencies to assure

uniformity, shall revise the regulations adopted by such agency

under section 6 of the International Banking Act of 1978 to

ensure that the regulations are consistent with the objective

set forth in section 6(a) of the International Banking Act of

1978.

(2) SPECIFIC FACTORS.—In carrying out paragraph (1), each

Federal banking agency shall consider whether to permit an

uninsured branch of a foreign bank to accept initial deposits

of less than $100,000 only from—

(A) individuals who are not citizens or residents of

the United States at the time of the initial deposit;

(B) individuals who—

(i) are not citizens of the United States;

(ii) are residents of the United States; and

(iii) are employed by a foreign bank, foreign business, foreign government, or recognized international

organization;

(C) persons to whom the branch or foreign bank has

extended credit or provided other nondeposit banking

services;

(D) foreign businesses and large United States

businesses;

(E) foreign governmental units and recognized international organizations; and (F) persons who are depositing funds in connection

with the issuance of a financial instrument by the branch

for the transmission of funds.

(3) REDUCTION IN REGULATORY DE MINIMIS EXEMPTION.— In carrying out paragraph (1), each Federal banking agency

shall limit any exemption which is— (A) available under any regulation prescribed pursuant to section 6(d) of the International Banking Act of 1978

providing for the acceptance of initial deposits of less than

$100,000 by an uninsured branch of a foreign bank; and (B) based on a percentage of the average deposits at

such branch;

to not more than 1 percent of the average deposits at such

branch.

(4) ADDITIONAL RELEVANT CONSIDERATIONS.—In carrying

out paragraph (1), each Federal banking agency shall also

consider the importance of maintaining and improving the

availability of credit to all sectors of the United States economy,

including the international trade finance sector of the United

State economy.

(5) DEADLINE FOR PRESCRIBING REVISED REGULATIONS.—

Each Federal banking agency—

(A) shall publish final regulations under paragraph

(1) in the Federal Register not later than 12 months after

the date of enactment of this Act; and

(B) may establish reasonable transition rules to facilitate any termination of any deposit-taking activities that
H. R. 3841—23

were permissible under regulations that were in effect

before the date of enactment of this Act.

(6) DEFINITIONS.—For purposes of this subsection—

(A) the term ‘‘Federal banking agency’’ means—

(i) the Comptroller of the Currency with respect

to Federal branches of foreign banks; and

(ii) the Federal Deposit Insurance Corporation

with respect to State branches of foreign banks; and

(B) the term ‘‘uninsured branch’’ means a branch of

a foreign bank that is not an insured branch, as defined

in section 3(s)(3) of the Federal Deposit Insurance Act

(12 U.S.C. 1813(s)(3)).

(c) AMENDMENT AFFIRMING THAT CONSUMER PROTECTION LAWS

APPLY TO FOREIGN BANKS.—Section 9(b) of the International Banking Act of 1978 (12 U.S.C. 3106a) is amended—

(1) in paragraph (1)—

(A) by redesignating subparagraphs (A) and (B) as

subparagraphs (B) and (C), respectively; and

(B) by inserting after ‘‘which—’’ the following new

subparagraph:

‘‘(A) impose requirements that protect the rights of

consumers in financial transactions, to the extent that

the branch, agency, or commercial lending company

engages in activities that are subject to such laws;’’; and

(2) in paragraph (2)—

(A) by redesignating subparagraphs (A) and (B) as

subparagraphs (B) and (C), respectively; and

(B) by inserting after ‘‘which—’’ the following new

subparagraph:

‘‘(A) impose requirements that protect the rights of

consumers in financial transactions, to the extent that

the branch, agency, or commercial lending company

engages in activities that are subject to such laws;’’.

(d) INSURED BANKS IN TERRITORIES NOT TREATED AS FOREIGN

BANKS FOR PURPOSES OF RETAIL DEPOSIT-TAKING RULE.—Section

6(d) of the International Banking Act of 1978 (12 U.S.C. 3104(c))

(as so redesignated by subsection (a)(1) of this section) is amended

by adding at the end the following new paragraph:

‘‘(3) INSURED BANKS IN U.S. TERRITORIES.—For purposes

of this subsection, the term ‘foreign bank’ does not include

any bank organized under the laws of any territory of the

United States, Puerto Rico, Guam, American Samoa, or the

Virgin Islands the deposits of which are insured by the Federal

Deposit Insurance Corporation pursuant to the Federal Deposit

Insurance Act.’’.

(e) AMENDMENT RELATING TO SHELL BRANCHES.—

(1) IN GENERAL.—Section 7 of the International Banking

Act of 1978 (12 U.S.C. 3105) is amended by adding at the

end the following new subsection:

‘‘(k) MANAGEMENT OF SHELL BRANCHES.—

‘‘(1) TRANSACTIONS PROHIBITED.—A branch or agency of

a foreign bank shall not manage, through an office of the

foreign bank which is located outside the United States and

is managed or controlled by such branch or agency, any type

of activity that a bank organized under the laws of the United

States, any State, or the District of Columbia is not permitted
H. R. 3841—24

to manage at any branch or subsidiary of such bank which

is located outside the United States.

‘‘(2) REGULATIONS.—Any regulations promulgated to carry

out this section—

‘‘(A) shall be promulgated in accordance with section

13; and

‘‘(B) shall be uniform, to the extent practicable.’’.

(2) EFFECTIVE DATE.—The amendment made by paragraph

(1) shall become effective at the end of the 180-day period

beginning on the date of enactment of this Act.

(f) MEETING COMMUNITY CREDIT NEEDS.—Section 5(a) of the

International Banking Act of 1978 (12 U.S.C. 3103(a)) (as amended

by section 104 of this Act) is amended by inserting after paragraph

(7) the following new paragraph:

‘‘(8) CONTINUING REQUIREMENT FOR MEETING COMMUNITY

CREDIT NEEDS AFTER INITIAL INTERSTATE ENTRY BY ACQUISITION.—

‘‘(A) IN GENERAL.—If a foreign bank acquires a bank

or a branch of a bank, in a State in which the foreign

bank does not maintain a branch, and such acquired bank

is, or is part of, a regulated financial institution (as defined

in section 803 of the Community Reinvestment Act of 1977),

the Community Reinvestment Act of 1977 shall continue

to apply to each branch of the foreign bank which results

from the acquisition as if such branch were a regulated

financial institution.

‘‘(B) EXCEPTION FOR BRANCH THAT RECEIVES ONLY

DEPOSITS PERMISSIBLE FOR AN EDGE ACT CORPORATION.— Paragraph (1) shall not apply to any branch that receives

only such deposits as are permissible for a corporation

organized under section 25A of the Federal Reserve Act

to receive.’’.

SEC. 108. FEDERAL RESERVE BOARD STUDY ON BANK FEES.

(a) IN GENERAL.—Section 1002 of the Financial Institutions

Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811

note) is amended to read as follows:

‘‘SEC. 1002. SURVEY OF BANK FEES AND SERVICES.

‘‘(a) ANNUAL SURVEY REQUIRED.—The Board of Governors of

the Federal Reserve System shall obtain a sample, which is representative by geographic location and size of the institution, of— ‘‘(1) certain retail banking services provided by insured

depository institutions; and ‘‘(2) the fees, if any, which are imposed by such institutions

for providing any such service, including fees imposed for not

sufficient funds, deposit items returned, and automated teller

machine transactions.

‘‘(b) ANNUAL REPORT TO CONGRESS REQUIRED.—

‘‘(1) PREPARATION.—The Board of Governors of the Federal

Reserve System shall prepare a report of the results of each

survey conducted pursuant to subsection (a).

‘‘(2) CONTENTS OF THE REPORT.—Each report prepared

pursuant to paragraph (1) shall include—

‘‘(A) a description of any discernible trend, in the

Nation as a whole and in each region, in the cost and

availability of retail banking services which delineates dif-
H. R. 3841—25

ferences on the basis of size of the institution and engagement in multistate activity; and

‘‘(B) a description of the correlation, if any, among

the following factors:

‘‘(i) An increase or decrease in the amount of any

deposit insurance premium assessed by the Federal

Deposit Insurance Corporation against insured depository institutions.

‘‘(ii) An increase or decrease in the amount of

the fees imposed by such institutions for providing

retail banking services.

‘‘(iii) A decrease in the availability of such services.

‘‘(3) SUBMISSION TO CONGRESS.—The Board of Governors

of the Federal Reserve System shall submit an annual report

to the Congress not later than September 1, 1995, and not

later than June 1 of each subsequent year.’’.

(b) SUNSET.—The requirements of subsection (a) shall not apply

after the end of the 7-year period beginning on the date of enactment

of this Act.

SEC. 109. PROHIBITION AGAINST DEPOSIT PRODUCTION OFFICES.

(a) REGULATIONS.—The appropriate Federal banking agencies

shall prescribe uniform regulations effective June 1, 1997, which

prohibit any out-of-State bank from using any authority to engage

in interstate branching pursuant to this title, or any amendment

made by this title to any other provision of law, primarily for

the purpose of deposit production.

(b) GUIDELINES FOR MEETING CREDIT NEEDS.—Regulations issued under subsection (a) shall include guidelines to ensure that

interstate branches operated by an out-of-State bank in a host

State are reasonably helping to meet the credit needs of the communities which the branches serve.

(c) LIMITATION ON OUT-OF-STATE LOANS.— (1) LIMITATION.—Regulations issued under subsection (a)

shall require that, beginning no earlier than 1 year after

establishment or acquisition of an interstate branch or branches

in a host State by an out-of-State bank, if the appropriate

Federal banking agency for the out-of-State bank determines

that the bank’s level of lending in the host State relative

to the deposits from the host State (as reasonably determinable

from available information including the agency’s sampling of

the bank’s loan files during an examination or such data as

is otherwise available) is less than half the average of total

loans in the host State relative to total deposits from the

host State (as determinable from relevant sources) for all banks

the home State of which is such State—

(A) the appropriate Federal banking agency for the

out-of-State bank shall review the loan portfolio of the

bank and determine whether the bank is reasonably helping to meet the credit needs of the communities served

by the bank in the host State; and

(B) if the agency determines that the out-of-State bank

is not reasonably helping to meet those needs—

(i) the agency may order that an interstate branch

or branches of such bank in the host State be closed

unless the bank provides reasonable assurances to the

satisfaction of the appropriate Federal banking agency
H. R. 3841—26

that the bank has an acceptable plan that will reasonably help to meet the credit needs of the communities

served by the bank in the host State, and

(ii) the out-of-State bank may not open a new

interstate branch in the host State unless the bank

provides reasonable assurances to the satisfaction of

the appropriate Federal banking agency that the bank

will reasonably help to meet the credit needs of the

community that the new branch will serve.

(2) CONSIDERATIONS.—In making a determination under

paragraph (1)(A), the appropriate Federal banking agency shall

consider—

(A) whether the interstate branch or branches of the

out-of-State bank were formerly part of a failed or failing

depository institution;

(B) whether the interstate branch was acquired under

circumstances where there was a low loan-to-deposit ratio

because of the nature of the acquired institution’s business

or loan portfolio;

(C) whether the interstate branch or branches of the

out-of-State bank have a higher concentration of commercial or credit card lending, trust services, or other specialized activities;

(D) the ratings received by the out-of-State bank under

the Community Reinvestment Act of 1977;

(E) economic conditions, including the level of loan

demand, within the communities served by the interstate

branch or branches of the out-of-State bank; and

(F) the safe and sound operation and condition of the

out-of-State bank.

(3) BRANCH CLOSING PROCEDURE.— (A) NOTICE REQUIRED.—Before exercising any authority under paragraph (1)(B)(i), the appropriate Federal banking

agency shall issue to the bank a notice of the agency’s

intention to close an interstate branch or branches and

shall schedule a hearing. (B) HEARING.—Section 8(h) of the Federal Deposit

Insurance Act shall apply to any proceeding brought under

this paragraph. (d) APPLICATION.—This section shall apply with respect to any

interstate branch established or acquired in a host State pursuant

to this title or any amendment made by this title to any other

provision of law.

(e) DEFINITIONS.—For the purposes of this section, the following

definitions shall apply:

(1) APPROPRIATE FEDERAL BANKING AGENCY, BANK, STATE,

AND STATE BANK.—The terms ‘‘appropriate Federal banking

agency’’, ‘‘bank’’, ‘‘State’’, and ‘‘State bank’’ have the same meanings as in section 3 of the Federal Deposit Insurance Act.

(2) HOME STATE.—The term ‘‘home State’’ means—

(A) in the case of a national bank, the State in which

the main office of the bank is located; and

(B) in the case of a State bank, the State by which

the bank is chartered.

(3) HOST STATE.—The term ‘‘host State’’ means a State

in which a bank establishes a branch other than the home

State of the bank.
H. R. 3841—27

(4) INTERSTATE BRANCH.—The term ‘‘interstate branch’’

means a branch established pursuant to this title or any amendment made by this title to any other provision of law.

(5) OUT-OF-STATE BANK.—The term ‘‘out-of-State bank’’

means, with respect to any State, a bank the home State

of which is another State and, for purposes of this section,

includes a foreign bank, the home State of which is another

State.

SEC. 110. COMMUNITY REINVESTMENT ACT EVALUATION OF BANKS

WITH INTERSTATE BRANCHES.

(a) IN GENERAL.—Section 807 of the Community Reinvestment

Act of 1977 (12 U.S.C. 2906) is amended by adding at the end

the following new subsections:

‘‘(d) INSTITUTIONS WITH INTERSTATE BRANCHES.—

‘‘(1) STATE-BY-STATE EVALUATION.—In the case of a regulated financial institution that maintains domestic branches

in 2 or more States, the appropriate Federal financial supervisory agency shall prepare—

‘‘(A) a written evaluation of the entire institution’s

record of performance under this title, as required by subsections (a), (b), and (c); and

‘‘(B) for each State in which the institution maintains

1 or more domestic branches, a separate written evaluation

of the institution’s record of performance within such State

under this title, as required by subsections (a), (b), and

(c).

‘‘(2) MULTISTATE METROPOLITAN AREAS.—In the case of a

regulated financial institution that maintains domestic

branches in 2 or more States within a multistate metropolitan

area, the appropriate Federal financial supervisory agency shall

prepare a separate written evaluation of the institution’s record

of performance within such metropolitan area under this title,

as required by subsections (a), (b), and (c). If the agency prepares a written evaluation pursuant to this paragraph, the

scope of the written evaluation required under paragraph (1)(B)

shall be adjusted accordingly. ‘‘(3) CONTENT OF STATE LEVEL EVALUATION.—A written

evaluation prepared pursuant to paragraph (1)(B) shall— ‘‘(A) present the information required by subpara- graphs (A) and (B) of subsection (b)(1) separately for each

metropolitan area in which the institution maintains 1

or more domestic branch offices and separately for the

remainder of the nonmetropolitan area of the State if the

institution maintains 1 or more domestic branch offices

in such nonmetropolitan area; and

‘‘(B) describe how the Federal financial supervisory

agency has performed the examination of the institution,

including a list of the individual branches examined.

‘‘(e) DEFINITIONS.—For purposes of this section the following

definitions shall apply:

‘‘(1) DOMESTIC BRANCH.—The term ‘domestic branch’ means

any branch office or other facility of a regulated financial

institution that accepts deposits, located in any State.

‘‘(2) METROPOLITAN AREA.—The term ‘metropolitan area’

means any primary metropolitan statistical area, metropolitan

statistical area, or consolidated metropolitan statistical area,
H. R. 3841—28

as defined by the Director of the Office of Management and

Budget, with a population of 250,000 or more, and any other

area designated as such by the appropriate Federal financial

supervisory agency.

‘‘(3) STATE.—The term ‘State’ has the same meaning as

in section 3 of the Federal Deposit Insurance Act.’’.

(b) SEPARATE PRESENTATION.—Section 807(b)(1) of the Community Reinvestment Act of 1977 (12 U.S.C. 2906(b)(1)) is amended—

(1) by redesignating subparagraphs (A) through (C) as

clauses (i) through (iii), respectively;

(2) by striking ‘‘The public’’ and inserting the following:

‘‘(A) CONTENTS OF WRITTEN EVALUATION.—The public’’;

and

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

‘‘(B) METROPOLITAN AREA DISTINCTIONS.—The information required by clauses (i) and (ii) of subparagraph (A)

shall be presented separately for each metropolitan area

in which a regulated depository institution maintains one

or more domestic branch offices.’’.

SEC. 111. RESTATEMENT OF EXISTING LAW.

No provision of this title and no amendment made by this

title to any other provision of law shall be construed as affecting

in any way—

(1) the authority of any State or political subdivision of

any State to adopt, apply, or administer any tax or method

of taxation to any bank, bank holding company, or foreign

bank, or any affiliate of any such bank, bank holding company,

or foreign bank, to the extent that such tax or tax method

is otherwise permissible by or under the Constitution of the

United States or other Federal law;

(2) the right of any State, or any political subdivision

of any State, to impose or maintain a nondiscriminatory franchise tax or other nonproperty tax instead of a franchise tax

in accordance with section 3124 of title 31, United States Code;

or

(3) the applicability of section 5197 of the Revised Statutes

or section 27 of the Federal Deposit Insurance Act.

SEC. 112. GAO REPORT ON DATA COLLECTION UNDER INTERSTATE

BRANCHING.

(a) IN GENERAL.—The Comptroller General of the United States

shall submit to the Congress, not later than 9 months after the

date of enactment of this Act, a report that—

(1) examines statutory and regulatory requirements for

insured depository institutions to collect and report deposit

and lending data; and

(2) determines what modifications to such requirements

are needed, so that the implementation of the interstate branching provisions contained in this title will result in no material

loss of information important to regulatory or congressional

oversight of insured depository institutions.

(b) CONSULTATION.—The Comptroller General, in preparing the

report required by this section, shall consult with individuals representing the appropriate Federal banking agencies, insured depository institutions, consumers, community groups, and other

interested parties.
H. R. 3841—29

(c) DEFINITIONS.—For purposes of this section, the terms

‘‘appropriate Federal banking agency’’ and ‘‘insured depository

institution’’ have the same meanings as in section 3 of the Federal

Deposit Insurance Act.

SEC. 113. MAXIMUM INTEREST RATE ON CERTAIN FMHA LOANS.

(a) IN GENERAL.—Section 307(a) of the Consolidated Farm and

Rural Development Act (7 U.S.C. 1927(a)) is amended—

(1) in paragraph (3)(A), by striking ‘‘Except’’ and inserting

‘‘Notwithstanding the provisions of the constitution or laws

of any State limiting the rate or amount of interest that may

be charged, taken, received, or reserved, except’’; and

(2) in paragraph (5)—

(A) by striking ‘‘(5) The’’ and inserting ‘‘(5)(A) Except

as provided in subparagraph (B), the’’; and

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

‘‘(B) In the case of a loan made under section 310B as a

guaranteed loan, subparagraph (A) shall apply notwithstanding

the provisions of the constitution or laws of any State limiting

the rate or amount of interest that may be charged, taken, received,

or reserved.’’.

(b) EFFECTIVE DATES.—

(1) IN GENERAL.—Except as provided in paragraphs (2)

and (3), the amendments made by subsection (a) shall apply

to a loan made, insured, or guaranteed under the Consolidated

Farm and Rural Development Act (7 U.S.C. 1921 et seq.) in

a State on or after the date of enactment of this Act.

(2) STATE OPTION.—Except as provided in paragraph (3),

the amendments made by subsection (a) shall not apply to

a loan made, insured, or guaranteed under the Consolidated

Farm and Rural Development Act in a State after the date

(that occurs during the 3-year period beginning on the date

of enactment of this Act) on which the State adopts a law

or certifies that the voters of the State have voted in favor

of a provision of the constitution or law of the State that

states that the State does not want the amendments made

by subsection (a) to apply with respect to loans made, insured,

or guaranteed under such Act in the State.

(3) TRANSITIONAL PERIOD.—In any case in which a State

takes an action described in paragraph (2), the amendments

made by subsection (a) shall continue to apply to a loan made,

insured, or guaranteed under the Consolidated Farm and Rural

Development Act in the State after the date the action was

taken pursuant to a commitment for the loan that was entered

into during the period beginning on the date of enactment

of this Act, and ending on the date on which the State takes

the action.

SEC. 114. NOTICE REQUIREMENTS FOR BANKING AGENCY DECISIONS

PREEMPTING STATE LAW.

Chapter 4 of title LXII of the Revised Statutes (12 U.S.C.

21 et seq.) is amended by adding at the end the following new

section:
H. R. 3841—30

‘‘SEC. 5244. INTERPRETATIONS CONCERNING PREEMPTION OF CERTAIN STATE LAWS.

‘‘(a) NOTICE AND OPPORTUNITY FOR COMMENT REQUIRED.—

Before issuing any opinion letter or interpretive rule, in response

to a request or upon the agency’s own motion, that concludes

that Federal law preempts the application to a national bank of

any State law regarding community reinvestment, consumer protection, fair lending, or the establishment of intrastate branches, or

before making a determination under section 5155(f)(1)(A)(ii) of

the Revised Statutes, the appropriate Federal banking agency (as

defined in section 3 of the Federal Deposit Insurance Act) shall—

‘‘(1) publish in the Federal Register notice of the preemption

or discrimination issue that the agency is considering (including

a description of each State law at issue);

‘‘(2) give interested parties not less than 30 days in which

to submit written comments; and

‘‘(3) in developing the final opinion letter or interpretive

rule issued by the agency, or making any determination under

section 5155(f)(1)(A)(ii) of the Revised Statutes, consider any

comments received.

‘‘(b) PUBLICATION REQUIRED.—The appropriate Federal banking

agency shall publish in the Federal Register—

‘‘(1) any final opinion letter or interpretive rule concluding

that Federal law preempts the application of any State law

regarding community reinvestment, consumer protection, fair

lending, or establishment of intrastate branches to a national

bank; and

‘‘(2) any determination under section 5155(f)(1)(A)(ii) of

the Revised Statutes.

‘‘(c) EXCEPTIONS.—

‘‘(1) NO NEW ISSUE OR SIGNIFICANT BASIS.—This section

shall not apply with respect to any opinion letter or interpretive

rule that—

‘‘(A) raises issues of Federal preemption of State law

that are essentially identical to those previously resolved

by the courts or on which the agency has previously issued

an opinion letter or interpretive rule; or

‘‘(B) responds to a request that contains no significant

legal basis on which to make a preemption determination.

‘‘(2) JUDICIAL, LEGISLATIVE, OR INTRAGOVERNMENTAL MATERIALS.—This section shall not apply with respect to materials

prepared for use in judicial proceedings or submission to Congress or a Member of Congress, or for intragovernmental use.

‘‘(3) EMERGENCY.—The appropriate Federal banking agency

may make exceptions to subsection (a) if—

‘‘(A) the agency determines in writing that the exception is necessary to avoid a serious and imminent threat

to the safety and soundness of any national bank; or

‘‘(B) the opinion letter or interpretive rule is issued

in connection with—

‘‘(i) an acquisition of 1 or more banks in default

or in danger of default (as such terms are defined

in section 3 of the Federal Deposit Insurance Act);

or

‘‘(ii) an acquisition with respect to which the Federal Deposit Insurance Corporation provides assistance
H. R. 3841—31

under section 13(c) of the Federal Deposit Insurance

Act.’’.

SEC. 115. MORATORIUM ON EXAMINATION FEES UNDER THE INTERNATIONAL BANKING ACT OF 1978.

(a) BRANCHES, AGENCIES, AND AFFILIATES.—Section 7(c)(1)(D)

of the International Banking Act of 1978 shall not apply with

respect to any examination under section 7(c)(1)(A) of such Act

which begins before or during the 3-year period beginning on July

25, 1994.

(b) REPRESENTATIVE OFFICES.—The provision of section 10(c)

of the International Banking Act of 1978 relating to the cost of

examinations under such section shall not apply with respect to

any examination under such section which begins before or during

the 3-year period beginning on July 25, 1994.

TITLE II—GENERAL PROVISIONS

SEC. 201. AMENDMENTS TO FEDERAL DEPOSIT INSURANCE ACT AND

FEDERAL HOME LOAN BANK ACT.

(a) FEDERAL DEPOSIT INSURANCE ACT.—Section 11(d)(14) of

the Federal Deposit Insurance Act (12 U.S.C. 1821(d)(14)) is

amended by adding at the end the following new subparagraph: ‘‘(C) REVIVAL OF EXPIRED STATE CAUSES OF ACTION.— ‘‘(i) IN GENERAL.—In the case of any tort claim described in clause (ii) for which the statute of limitation applicable under State law with respect to such

claim has expired not more than 5 years before the

appointment of the Corporation as conservator or

receiver, the Corporation may bring an action as conservator or receiver on such claim without regard to

the expiration of the statute of limitation applicable

under State law.

‘‘(ii) CLAIMS DESCRIBED.—A tort claim referred to

in clause (i) is a claim arising from fraud, intentional

misconduct resulting in unjust enrichment, or intentional misconduct resulting in substantial loss to the

institution.’’.

(b) FEDERAL HOME LOAN BANK ACT.—Section 21A(b)(14) of

the Federal Home Loan Bank Act (12 U.S.C. 1441a(b)(14)) is

amended by adding at the end the following new subparagraph:

‘‘(E) REVIVAL OF EXPIRED STATE CAUSES OF ACTION.—

In the case of any tort claim described in subparagraph

(A)(ii) for which the statute of limitation applicable under

State law with respect to such claim has expired not more

than 5 years before the appointment of the Corporation

as conservator or receiver, the Corporation may bring an

action as conservator or receiver on such claim without

regard to the expiration of the statute of limitation

applicable under State law.’’.

SEC. 202. SENSE OF THE SENATE CONCERNING MULTILATERAL

EXPORT CONTROLS.

(a) FINDINGS.—The Senate finds that—

(1) the United States and its allies have agreed that as of March 31, 1994, the Coordinating Committee (hereafter

referred to as ‘‘COCOM’’), the multilateral body that controlled
H. R. 3841—32

strategic exports to the former Soviet Union and other Communist States, ceased to exist;

(2) no successor has yet been established to replace the

COCOM;

(3) threats to United States security are posed by rogue regimes that support terrorism as a matter of national policy; (4) a critical element of the United States proposal for

a successor to COCOM is that supplier nations agree on a

list of militarily critical products and technologies that would

be denied to a handful of rogue regimes; (5) some allies of the United States oppose this principle

and instead propose that such controls be left to ‘‘national

discretion’’, effectively replacing multilateral export controls

with a loose collection of unilateral export control policies which

would be adverse for United States security and economic

interests;

(6) multilateral controls are needed to thwart efforts of

Iran, Iraq, North Korea, Libya, and other rogue regimes, to

acquire arms and sensitive dual-use goods and technologies

that could contribute to their efforts to build weapons of mass

destruction; and

(7) the United States would be forced to make the difficult

choice of choosing between unilateral export controls under

the Export Administration Act of 1979, which would put American companies at a competitive disadvantage worldwide, or

allowing exports that could seriously harm the national security

interests of the United States.

(b) SENSE OF THE SENATE.—It is the sense of the Senate that—

(1) the President should work to achieve a clearly defined and enforceable agreement with allies of the United States

which establishes a multilateral export control system for the

proliferation of products and technologies to rogue regimes that

would jeopardize the national security of the United States;

and

(2) the President should persuade allies of the United

States to promote mutual security interests by preventing rogue

regimes from obtaining militarily critical products and

technologies.

SEC. 203. AMENDMENTS RELATING TO SILVER MEDALS FOR PERSIAN

GULF VETERANS.

Title III of Public law 102–281 (31 U.S.C. 5111 note) is

amended—

(1) in section 303(b), by striking ‘‘entitlement’’ and inserting ‘‘enactment’’; and

(2) in section 307 by striking subsection (b) and inserting the following:

‘‘(b) NO EXPENDITURES IN ADVANCE OF RECEIPT OF FUNDS.—

The Secretary of the Treasury shall begin minting and issuing

the medals described in section 302 whenever there are any funds

available to cover the cost of minting and issuing any such medals

from amounts received by the Secretary under section 305 and

donations by private persons, and shall continue minting and issuing such medals, subject to the availability of funds to cover the

costs, until all of the medals authorized have been issued.’’.

SEC. 204. COMMEMORATION OF 1995 SPECIAL OLYMPIC WORLD GAMES.

(a) COIN SPECIFICATIONS.—
H. R. 3841—33

(1) ONE DOLLAR SILVER COINS.—

(A) ISSUANCE.—The Secretary of the Treasury (hereafter in this section referred to as the ‘‘Secretary’’) shall

issue not more than 800,000 $1 coins, which shall weigh

26.73 grams, have a diameter of 1.500 inches, and shall

contain 90 percent silver and 10 percent copper.

(B) DESIGN.—The design of the coins issued under

this section shall be emblematic of the 1995 Special Olympics World Games. On each such coin there shall be a

designation of the value of the coin, an inscription of the

year ‘‘1995’’, and inscriptions of the words ‘‘Liberty’’, ‘‘In

God We Trust’’, ‘‘United States of America’’, and ‘‘E

Pluribus Unum’’.

(2) LEGAL TENDER.—The coins issued under this section

shall be legal tender as provided in section 5103 of title 31,

United States Code.

(3) NUMISMATIC ITEMS.—For purposes of section 5132(a)(1)

of title 31, United States Code, all coins minted under this

section shall be considered to be numismatic items.

(b) SOURCES OF BULLION.—The Secretary shall obtain silver

for the coins minted under this section only from stockpiles established under the Strategic and Critical Materials Stock Piling Act.

(c) SELECTION OF DESIGN.—The design for the coins authorized

by this section shall be selected by the Secretary after consultation

with the 1995 Special Olympics World Games Organizing Committee, Inc. and the Commission of Fine Arts. As required by section

5135 of title 31, United States Code, the design shall also be

reviewed by the Citizens Commemorative Coin Advisory Committee.

(d) ISSUANCE OF THE COINS.—

(1) QUALITY OF COINS.—The coins authorized under this

section may be issued in uncirculated and proof qualities.

(2) MINT FACILITY.—Not more than 1 facility of the United

States Mint may be used to strike any particular quality of

the coins minted under this section.

(3) PERIOD FOR ISSUANCE.—The Secretary shall issue coins

minted under this section during the period beginning on January 15, 1995, and ending on December 31, 1995.

(e) SALE OF THE COINS.—

(1) SALE PRICE.—The coins issued under this section shall

be sold by the Secretary at a price equal to the sum of the

face value of the coins, the surcharge provided in paragraph

(4) with respect to such coins, and the cost of designing and

issuing such coins (including labor, materials, dies, use of

machinery, overhead expenses, marketing, and shipping).

(2) BULK SALES.—The Secretary shall make bulk sales at

a reasonable discount.

(3) PREPAID ORDERS.—The Secretary shall accept prepaid

orders for the coins authorized under this section prior to

the issuance of such coins. Sales under this subsection shall

be at a reasonable discount.

(4) SURCHARGE REQUIRED.—All sales shall include a surcharge of $10 per coin.

(5) INTERNATIONAL SALES.—The Secretary, in cooperation

with the 1995 Special Olympics World Games Organizing

Committee, shall develop an international marketing program

to promote and sell coins outside of the United States.
H. R. 3841—34

(f) GENERAL WAIVER OF PROCUREMENT REGULATIONS.—No

provision of law governing procurement or public contracts shall

be applicable to the procurement of goods or services necessary

for carrying out the provisions of this section. Nothing in this

subsection shall relieve any person entering into a contract under

the authority of this section from complying with any law relating

to equal employment opportunity.

(g) DISTRIBUTION OF SURCHARGES.—The total surcharges collected by the Secretary from the sale of the coins issued under

this section shall be promptly paid by the Secretary to the 1995

Special Olympics World Games Organizing Committee, Inc. Such

amounts shall be used to—

(1) provide a world class sporting event for athletes with

mental retardation;

(2) demonstrate to a global audience the extraordinary

talents, dedication, and courage of persons with mental retardation; and

(3) underwrite the cost of staging and promoting the 1995

Special Olympics World Games.

(h) AUDITS.—The Comptroller General of the United States

shall have the right to examine such books, records, documents,

and other data of the 1995 Special Olympics World Games Organizing Committee, Inc. as may be related to the expenditure of amounts

paid under subsection (g).

(i) FINANCIAL ASSURANCES.—

(1) NO NET COST TO THE GOVERNMENT.—The Secretary

shall take all actions necessary to ensure that the issuance

of the coins authorized by this section shall result in no net

cost to the United States Government.

(2) ADEQUATE SECURITY FOR PAYMENT REQUIRED.—No coin

shall be issued under this section unless the Secretary has

received—

(A) full payment therefor;

(B) security satisfactory to the Secretary to indemnify

the United States for full payment; or

(C) a guarantee of full payment satisfactory to the

Secretary from a depository institution whose deposits are

insured by the Federal Deposit Insurance Corporation or

the National Credit Union Administration Board.

SEC. 205. NATIONAL COMMUNITY SERVICE COMMEMORATIVE COINS.

(a) COIN SPECIFICATIONS.—

(1) $1 SILVER COINS.—The Secretary of the Treasury (hereafter in this section referred to as the ‘‘Secretary’’) shall mint

and issue not more than 500,000 $1 coins to commemorate

students who volunteer to perform community service, which

shall—

(A) weigh 26.73 grams;

(B) have a diameter of 1.500 inches; and

(C) contain 90 percent silver and 10 percent copper.

(2) LEGAL TENDER.—The coins issued under this section

shall be legal tender, as provided in section 5103 of title 31,

United States Code.

(3) NUMISMATIC ITEMS.—For purposes of section 5134 of

title 31, United States Code, all coins minted under this section

shall be considered to be numismatic items.
H. R. 3841—35

(b) SOURCES OF BULLION.—The Secretary shall obtain silver

for the coins minted under this section only from stockpiles established under the Strategic and Critical Minerals Stock Piling Act.

(c) DESIGN OF COINS.—

(1) DESIGN REQUIREMENTS.—

(A) IN GENERAL.—The design of the coins minted under

this section shall be emblematic of community services

provided by student volunteers.

(B) DESIGNATION AND INSCRIPTIONS.—On each coin

minted under this section there shall be—

(i) a designation of the value of the coin;

(ii) an inscription of the year ‘‘1996’’; and

(iii) inscriptions of the words ‘‘Liberty’’, ‘‘In God

We Trust’’, ‘‘United States of America’’, and ‘‘E Pluribus

Unum’’.

(2) SELECTION.—The design for the coins authorized by

this section shall be—

(A) selected by the Secretary after consultation with

the National Community Service Trust and the Commission

of Fine Arts; and

(B) reviewed by the Citizens Commemorative Coin

Advisory Committee.

(d) ISSUANCE OF COINS.—

(1) QUALITY OF COINS.—Coins minted under this section

shall be issued in uncirculated and proof qualities.

(2) MINT FACILITY.—Only 1 facility of the United States

Mint may be used to strike any particular quality of the coins

minted under this section.

(3) PERIOD FOR ISSUANCE.—The Secretary shall issue coins

minted under this section for a period of not less than 6

months and not more than 12 months, beginning no later

than September 1, 1996.

(e) SALE OF COINS.—

(1) SALE PRICE.—The coins issued under this section shall

be sold by the Secretary at a price equal to the sum of—

(A) the face value of the coins;

(B) the surcharge provided in paragraph (4) with

respect to such coins; and

(C) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead

expenses, marketing, and shipping).

(2) BULK SALES.—The Secretary shall make bulk sales of

the coins issued under this section available at a reasonable

discount.

(3) PREPAID ORDERS.—

(A) IN GENERAL.—The Secretary shall accept prepaid

orders for the coins minted under this section before the

issuance of such coins.

(B) DISCOUNT.—Sale prices with respect to prepaid

orders under subparagraph (A) shall be at a reasonable

discount.

(4) SURCHARGES.—All sales shall include a surcharge of

$10 per coin.

(f) GENERAL WAIVER OF PROCUREMENT REGULATIONS.—

(1) IN GENERAL.—Except as provided in paragraph (2), no

provision of law governing procurement or public contracts
H. R. 3841—36

shall be applicable to the procurement of goods and services

necessary for carrying out the provisions of this section.

(2) EQUAL EMPLOYMENT OPPORTUNITY.—Paragraph (1) shall

not relieve any person entering into a contract under the

authority of this section from complying with any law relating

to equal employment opportunity.

(g) DISTRIBUTION OF SURCHARGES.—

(1) IN GENERAL.—All surcharges received by the Secretary

from the sale of coins issued under this section shall be

promptly paid by the Secretary to the National Community

Service Trust for the purpose of funding innovative community

service programs at American universities, including the service, research, and teaching activities of faculty and students

involved in such programs.

(2) AUDITS.—The Comptroller General of the United States

shall have the right to examine such books, records, documents,

and other data of the National Community Service Trust as

may be related to the expenditures of amounts paid under

paragraph (1).

(h) FINANCIAL ASSURANCES.—

(1) NO NET COST TO THE GOVERNMENT.—The Secretary

shall take such actions as may be necessary to ensure that

minting and issuing coins under this section will not result

in any net cost to the United States Government.

(2) PAYMENT FOR COINS.—A coin shall not be issued under

this section unless the Secretary has received—

(A) full payment for the coin;

(B) security satisfactory to the Secretary to indemnify

the United States for full payment; or (C) a guarantee of full payment satisfactory to the

Secretary from a depository institution whose deposits are

insured by the Federal Deposit Insurance Corporation or

the National Credit Union Administration Board.

SEC. 206. ROBERT F. KENNEDY MEMORIAL COMMEMORATIVE COINS.

(a) COIN SPECIFICATIONS.— (1) $1 SILVER COINS.—The Secretary of the Treasury (here- after in this section referred to as the ‘‘Secretary’’) shall mint

and issue not more than 500,000 $1 coins to commemorate

the life and work of Robert F. Kennedy, which shall— (A) weigh 26.73 grams;

(B) have a diameter of 1.500 inches; and

(C) contain 90 percent silver and 10 percent copper.

(2) LEGAL TENDER.—The coins issued under this section

shall be legal tender, as provided in section 5103 of title 31,

United States Code.

(3) NUMISMATIC ITEMS.—For purposes of section 5134 of

title 31, United States Code, all coins minted under this section

shall be considered to be numismatic items.

(b) SOURCES OF BULLION.—The Secretary shall obtain silver

for the coins minted under this section only from stockpiles established under the Strategic and Critical Minerals Stock Piling Act.

(c) DESIGN OF COINS.—

(1) DESIGN REQUIREMENTS.—

(A) IN GENERAL.—The design of the coins minted under

this section shall be emblematic of the life and work of

Robert F. Kennedy.
H. R. 3841—37

(B) DESIGNATION AND INSCRIPTIONS.—On each coin

minted under this section there shall be—

(i) a designation of the value of the coin;

(ii) an inscription of the year ‘‘1998’’; and

(iii) inscriptions of the words ‘‘Liberty’’, ‘‘In God

We Trust’’, ‘‘United States of America’’, and ‘‘E Pluribus

Unum’’.

(2) SELECTION.—The design for the coins authorized by

this section shall be—

(A) selected by the Secretary after consultation with

the Robert F. Kennedy Memorial and the Commission of

Fine Arts; and

(B) reviewed by the Citizens Commemorative Coin

Advisory Committee.

(d) ISSUANCE OF COINS.—

(1) QUALITY OF COINS.—Coins minted under this section

shall be issued in uncirculated and proof qualities.

(2) MINT FACILITY.—Only 1 facility of the United States

Mint may be used to strike any particular quality of the coins

minted under this section.

(3) PERIOD FOR ISSUANCE.—The Secretary shall issue coins

minted under this section for a period of not less than 6

months and not more than 12 months, beginning no later

than January 1, 1998.

(e) SALE OF COINS.—

(1) SALE PRICE.—The coins issued under this section shall

be sold by the Secretary at a price equal to the sum of—

(A) the face value of the coins;

(B) the surcharge provided in paragraph (4) with

respect to such coins; and

(C) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead

expenses, marketing, and shipping).

(2) BULK SALES.—The Secretary shall make bulk sales of

the coins issued under this section available at a reasonable

discount.

(3) PREPAID ORDERS.— (A) IN GENERAL.—The Secretary shall accept prepaid

orders for the coins minted under this section before the

issuance of such coins.

(B) DISCOUNT.—Sale prices with respect to prepaid

orders under subparagraph (A) shall be at a reasonable

discount.

(4) SURCHARGES.—All sales shall include a surcharge of

$10 per coin.

(f) GENERAL WAIVER OF PROCUREMENT REGULATIONS.—

(1) IN GENERAL.—Except as provided in paragraph (2), no

provision of law governing procurement or public contracts

shall be applicable to the procurement of goods and services

necessary for carrying out the provisions of this section.

(2) EQUAL EMPLOYMENT OPPORTUNITY.—Paragraph (1) shall

not relieve any person entering into a contract under the

authority of this section from complying with any law relating

to equal employment opportunity.

(g) DISTRIBUTION OF SURCHARGES.—

(1) IN GENERAL.—All surcharges received by the Secretary

from the sale of coins issued under this section shall be
H. R. 3841—38

promptly paid by the Secretary to the Robert F. Kennedy Memorial for the purpose of improving the endowment of the Robert

F. Kennedy Memorial.

(2) AUDITS.—The Comptroller General of the United States

shall have the right to examine such books, records, documents,

and other data of the Robert F. Kennedy Memorial as may

be related to the expenditures of amounts paid under paragraph

(1).

(h) FINANCIAL ASSURANCES.—

(1) NO NET COST TO THE GOVERNMENT.—The Secretary

shall take such actions as may be necessary to ensure that

minting and issuing coins under this section will not result

in any net cost to the United States Government.

(2) PAYMENT FOR COINS.—A coin shall not be issued under

this section unless the Secretary has received—

(A) full payment for the coin;

(B) security satisfactory to the Secretary to indemnify

the United States for full payment; or

(C) a guarantee of full payment satisfactory to the

Secretary from a depository institution whose deposits are

insured by the Federal Deposit Insurance Corporation or

the National Credit Union Administration Board.

SEC. 207. UNITED STATES MILITARY ACADEMY BICENTENNIAL

COMMEMORATIVE COINS.

(a) COIN SPECIFICATIONS.—

(1) ONE DOLLAR SILVER COINS.—

(A) ISSUANCE.—The Secretary shall issue not more

than 500,000 $1 coins, which shall weigh 26.73 grams,

have a diameter of 1.500 inches, and shall contain 90

percent silver and 10 percent copper.

(B) DESIGN.—The design of the $1 coins shall be

emblematic of the United States Military Academy and

its motto ‘‘Duty, Honor, Country’’. On each such coin there

shall be a designation of the value of the coin, an inscription

of the year ‘‘2002’’, and inscriptions of the words ‘‘Liberty’’,

‘‘In God We Trust’’, ‘‘United States of America’’, and ‘‘E

Pluribus Unum’’.

(2) LEGAL TENDER.—The coins issued under this section

shall be legal tender as provided in section 5103 of title 31,

United States Code.

(b) SOURCES OF BULLION.—The Secretary shall obtain silver

for the coins minted under this section only from stockpiles established under the Strategic and Critical Materials Stock Piling Act.

(c) SELECTION OF DESIGN.—The design of the coins minted

under this section shall be selected by the Secretary after consultation with the Commission of Fine Arts and the Bicentennial Steering Group, Association of Graduates, United States Military

Academy. As required by section 5135 of title 31, United States

Code, the designs shall also be reviewed by the Citizens Commemorative Coin Advisory Committee.

(d) ISSUANCE OF THE COINS.—

(1) QUALITY AND MINT FACILITY.—The coins authorized

under this section may be issued in uncirculated and proof

qualities and shall be struck at the United States Bullion

Depository at West Point.
H. R. 3841—39

(2) PERIOD FOR ISSUANCE.—The Secretary shall issue coins

minted under this section during the period beginning on March

16, 2002, and ending on March 16, 2003.

(3) SUNSET PROVISION.—No coins shall be minted under

this section after December 31, 2002.

(e) SALE OF THE COINS.—

(1) SALE PRICE.—The coins issued under this section shall

be sold by the Secretary at a price equal to the sum of the

face value of the coins, the surcharge provided in paragraph

(4) with respect to such coins, and the cost of designing and

issuing such coins (including labor, materials, dies, use of

machinery, overhead expenses, marketing, and shipping).

(2) BULK SALES.—The Secretary shall make bulk sales

available at a reasonable discount.

(3) PREPAID ORDERS.—The Secretary shall accept prepaid

orders for the coins prior to the issuance of such coins. Sales

under this paragraph shall be at a reasonable discount.

(4) SURCHARGE REQUIRED.—All sales shall include a surcharge of $10 per coin.

(f) GENERAL WAIVER OF PROCUREMENT REGULATIONS.—No

provision of law governing procurement or public contracts shall

be applicable to the procurement of goods and services necessary

for carrying out the provisions of this section. Nothing in this

subsection shall relieve any person entering into a contract under

the authority of this section from complying with any law relating

to equal employment opportunity.

(g) DISTRIBUTION OF SURCHARGES.—The total surcharges collected by the Secretary from the sale of the coins issued under

this section shall be promptly paid by the Secretary to the Association of Graduates, United States Military Academy to assist the

Association of Graduates’ efforts to provide direct support to the

academic, military, physical, moral, and ethical development programs of the Corps of Cadets, United States Military Academy. (h) AUDITS.—The Comptroller General of the United States

shall have the right to examine such books, records, documents,

and other data of the Association of Graduates, United States

Military Academy as may be related to the expenditure of amounts

paid under subsection (g). (i) NUMISMATIC PUBLIC ENTERPRISE FUND.—The coins issued

under this section are subject to the provisions of section 5134

of title 31, United States Code, relating to the Numismatic Public

Enterprise Fund.

(j) FINANCIAL ASSURANCES.— (1) NO NET COST TO THE GOVERNMENT.—The Secretary

shall take all actions necessary to ensure that the issuance

of the coins authorized by this section shall result in no net

cost to the United States Government.

(2) ADEQUATE SECURITY FOR PAYMENT REQUIRED.—No coin

shall be issued under this section unless the Secretary has

received—

(A) full payment therefor;

(B) security satisfactory to the Secretary to indemnify

the United States for full payment; or

(C) a guarantee of full payment satisfactory to the

Secretary from a depository institution whose deposits are

insured by the Federal Deposit Insurance Corporation or

the National Credit Union Administration Board.
H. R. 3841—40

SEC. 208. UNITED STATES BOTANIC GARDEN COMMEMORATIVE COINS.

(a) COIN SPECIFICATIONS.— (1) ONE-DOLLAR SILVER COINS.— (A) ISSUANCE.—The Secretary of the Treasury (here- after in this section referred to as the ‘‘Secretary’’) shall

mint and issue not more than 500,000 $1 coins, which

shall weigh 26.73 grams, have a diameter of 1.500 inches,

and contain 90 percent silver and 10 percent copper. (B) DESIGN.—The design of the coins issued under this section shall be a rose, the national floral emblem,

and a frontal view of the French facade of the United

States Botanic Garden. On each coin there shall be a

designation of the value of the coin, an inscription of the

years ‘‘1820–1995’’, and inscriptions of the words ‘‘Liberty’’,

‘‘In God We Trust’’, ‘‘United States of America’’, and ‘‘E

Pluribus Unum’’.

(2) LEGAL TENDER.—The coins issued under this section

shall be legal tender, as provided in section 5103 of title 31,

United States Code.

(3) NUMISMATIC ITEMS.—For purposes of section 5134 of

title 31, United States Code, all coins minted under this section

shall be considered to be numismatic items.

(b) SOURCE OF BULLION.—The Secretary shall obtain silver

for the coins minted under this section only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. (c) SELECTION OF DESIGN.—The design for the coins minted

under this section shall be—

(1) selected by the Secretary after consultation with the

National Fund for the United States Botanic Garden and the

Commission of Fine Arts; and

(2) reviewed by the Citizens Commemorative Coin Advisory

Committee.

(d) ISSUANCE OF COINS.—

(1) QUALITY OF COINS.—Coins minted under this section

may be issued in uncirculated and proof qualities.

(2) MINT FACILITY.—Not more than 1 facility of the United

States Mint may be used to strike any particular quality of

the coins minted under this section.

(3) PERIOD OF ISSUANCE.—The Secretary may issue coins

minted under this section during the period beginning on January 1, 1997, and ending on December 31, 1997.

(e) SALE OF COINS.—

(1) SALE PRICE.—The coins authorized under this section

shall be sold by the Secretary at a price equal to the sum

of the face value of the coins, the surcharge provided in paragraph (4) with respect to such coins, and the cost of designing

and issuing the coins (including labor, materials, dies, use

of machinery, overhead expenses, marketing, and shipping). (2) BULK SALES.—The Secretary shall make bulk sales

available at a reasonable discount.

(3) PREPAID ORDERS.—The Secretary shall accept prepaid

orders for the coins authorized under this section prior to

the issuance of such coins. Sales under this paragraph shall

be at a reasonable discount.

(4) SURCHARGE REQUIRED.—All sales shall include a surcharge of $10 per coin.

(f) GENERAL WAIVER OF PROCUREMENT REGULATIONS.—
H. R. 3841—41

(1) IN GENERAL.—Except as provided in paragraph (2), no

provision of law governing procurement or public contracts

shall be applicable to the procurement of goods and services

necessary for carrying out the provisions of this section.

(2) EQUAL EMPLOYMENT OPPORTUNITY.—Paragraph (1) shall

not relieve any person entering into a contract under the

authority of this section from complying with any law relating

to equal employment opportunity.

(g) DISTRIBUTION OF SURCHARGES.—All surcharges received by

the Secretary from the sale of coins issued under this section

shall be promptly paid by the Secretary to the National Fund

for the United States Botanic Garden.

(h) AUDITS.—The Comptroller General of the United States

shall have the right to examine such books, records, documents,

and other data of the National Fund for the United States Botanic

Garden as may be related to the expenditures of amounts paid

under subsection (g).

(i) FINANCIAL ASSURANCES.—

(1) NO NET COST TO THE GOVERNMENT.—The Secretary

shall take all actions necessary to ensure that the issuance

of the coins authorized by this section shall result in no net

cost to the United States Government.

(2) ADEQUATE SECURITY FOR PAYMENT REQUIRED.—No coin

shall be issued under this section unless the Secretary has

received—

(A) full payment therefor;

(B) security satisfactory to the Secretary to indemnify

the United States for full payment; or (C) a guarantee of full payment satisfactory to the

Secretary from a depository institution whose deposits are

insured by the Federal Deposit Insurance Corporation or

the National Credit Union Administration Board.

SEC. 209. MOUNT RUSHMORE COMMEMORATIVE COINS.

(a) DISTRIBUTION OF SURCHARGES.—Section 8 of the Mount

Rushmore Commemorative Coin Act (104 Stat. 314; 31 U.S.C. 5112

note) is amended by striking paragraphs (1) and (2) and inserting

the following: ‘‘(1) the first $18,750,000 shall be paid during fiscal year

1994 by the Secretary to the Society to assist the Society’s

efforts to improve, enlarge, and renovate the Mount Rushmore

National Memorial; and

‘‘(2) the remainder shall be returned to the Federal Treasury for purposes of reducing the national debt.’’.

(b) RETROACTIVE EFFECT.—If, prior to the enactment of this

Act, any amount of surcharges have been received by the Secretary

of the Treasury and paid into the United States Treasury pursuant

to section 8(1) of the Mount Rushmore Commemorative Coin Act,

as in effect prior to the enactment of this Act, that amount shall

be paid out of the Treasury to the extent necessary to comply

with section 8(1) of the Mount Rushmore Commemorative Coin

Act, as in effect after the enactment of this Act. Amounts paid

pursuant to the preceding sentence shall be out of funds not otherwise appropriated.

(c) NUMISMATIC OPERATING PROFITS.—Nothing in this section

shall be construed to affect the Secretary of the Treasury’s right

to derive operating profits from numismatic programs for use in
H. R. 3841—42

supporting the United States Mint’s numismatic operations and

programs, or to allow the distribution of operating profits from

the Numismatic Public Enterprise Fund to a recipient organization

under any numismatic program.

SEC. 210. STUDY AND REPORT ON THE UNITED STATES FINANCIAL

SERVICES SYSTEM.

(a) STUDY.—

(1) IN GENERAL.—The Secretary of the Treasury (hereafter

in this section referred to as the ‘‘Secretary’’) shall, after consultation with the Advisory Commission on Financial Services

established under subsection (b), and consultation in accordance

with paragraph (3), conduct a study of matters relating to

the strengths and weaknesses of the United States financial

services system in meeting the needs of the system’s users,

including the needs of—

(A) individual consumers and households;

(B) communities;

(C) agriculture;

(D) small-, medium-, and large-sized businesses;

(E) governmental and nonprofit entities; and

(F) exporters and other users of international financial

services.

(2) MATTERS STUDIED.—The study required under paragraph (1) shall include consideration of—

(A) the changes underway in the national and international economies and the financial services industry, and

how those changes affect the financial services system’s

ability to efficiently meet the needs of the national economy

and the system’s users during the next 10 years and

beyond; and

(B) the adequacy of existing statutes and regulations,

and the existing regulatory structure, to meet the needs

of the financial services system’s users effectively, efficiently, and without unfair, anticompetitive, or discriminatory practices.

(3) CONSULTATION.—Consultation in accordance with this

paragraph means consultation with—

(A) the Board of Governors of the Federal Reserve

System;

(B) the Commodity Futures Trading Commission;

(C) the Comptroller of the Currency;

(D) the Director of the Office of Thrift Supervision;

(E) the Federal Deposit Insurance Corporation;

(F) the Secretary of the Department of Housing and

Urban Development;

(G) the Securities and Exchange Commission;

(H) the Director of the Congressional Budget Office;

and

(I) the Comptroller General of the United States.

(b) ADVISORY COMMISSION ON FINANCIAL SERVICES.—

(1) ESTABLISHMENT.—There is established the Advisory

Commission on Financial Services (hereafter in this section

referred to as the ‘‘Advisory Commission’’).

(2) MEMBERSHIP OF COMMISSION.—The Advisory Commission—
H. R. 3841—43

(A) shall consist of not less than 9 nor more than

14 members appointed by the Secretary from among

individuals—

(i) who are—

(I) users of the financial services system; or

(II) experts in finance or on the financial services system; and

(ii) who are not employees of the Federal Government; and

(B) shall include representatives of business, agriculture, and consumers.

(3) CHAIRPERSON.—The Secretary or the Secretary’s designee shall serve as Chairperson of the Advisory Commission.

(4) TRAVEL EXPENSES.—Members of the Advisory Commission shall be allowed travel expenses, including per diem in

lieu of subsistence, at rates authorized for employees of agencies

under subchapter I of chapter 57 of title 5, United States

Code, while away from their homes or regular places of business

in performing services for the Advisory Commission.

(5) TERMINATION.—The Advisory Commission shall terminate 30 days after the date of submission of the report required

under subsection (d).

(c) RECOMMENDATIONS.—Based on the results of the study conducted under subsection (a), the Secretary shall develop such recommendations as may be appropriate for changes in statutes,

regulations, and policies to improve the operation of the financial

services system, including changes to better—

(1) meet the needs of, and assure access to the system

for, current and potential users;

(2) promote economic growth;

(3) protect consumers;

(4) promote competition and efficiency;

(5) avoid risk to the taxpayers;

(6) control systemic risk; and

(7) eliminate discrimination.

(d) REPORT.—Not later than 15 months after the date of enactment of this Act, the Secretary shall submit to the President pro

tempore of the Senate and the Speaker of the House of Representatives a report describing the study conducted under subsection

(a) and any recommendations developed under subsection (c).

SEC. 211. FLEXIBILITY IN CHOOSING BOARDS OF DIRECTORS.

(a) IN GENERAL.—Section 5146 of the Revised Statutes (12

U.S.C. 72) is amended in the 1st sentence, by striking ‘‘two thirds’’

and inserting ‘‘a majority’’.
H. R. 3841—44

(b) PROVISION REPEAL.—Effective on the date of enactment

of the Riegle Community Development and Regulatory Improvement

Act of 1994, this section and the amendment made by this section

are repealed.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.