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(1) The extent of hiring of minority individuals 
and women by the agency as of the time the report 
is prepared. 
(2) The successes achieved and challenges faced 
by the agency in operating minority and women out-
reach programs. 
(3) Challenges the agency may face in finding 
qualified minority individual and women applicants. 
(4) Such other information, findings, and con-
clusions, and recommendations for legislative or agen-
cy action, as the agency may determine to be appro-
priate to include in the report. 
(c) DEFINITIONS.—For purposes of this section, the fol-
lowing definitions shall apply: 
(1) FEDERAL
BANKING
AGENCY.—The term 
‘‘Federal banking agency’’— 
(A) has the same meaning as in section 3(z) 
of the Federal Deposit Insurance Act; and 
(B) includes the National Credit Union Ad-
ministration. 
(2) MINORITY.—The term ‘‘minority’’ has the 
same meaning as in section 1204(c)(3) of the Finan-
cial Institutions Reform, Recovery, and Enforcement 
Act of 1989.
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SEC. 619. COORDINATION OF STATE EXAMINATION AU-
THORITY. 
Section 10(h) of the Federal Deposit Insurance Act (12 
U.S.C. 1820(h)) is amended to read as follows: 
‘‘(h) COORDINATION OF EXAMINATION AUTHORITY.— 
‘‘(1) STATE BANK SUPERVISORS OF HOME AND 
HOST STATES.— 
‘‘(A) HOME STATE OF BANK.—The appro-
priate State bank supervisor of the home State of 
an insured State bank has authority to examine 
and supervise the bank. 
‘‘(B) HOST STATE BRANCHES.—The State 
bank supervisor of the home State of an insured 
State bank and any State bank supervisor of an 
appropriate host State shall exercise their respec-
tive authority to supervise and examine the 
branches of the bank in a host State in accord-
ance with the terms of any applicable coopera-
tive agreement between the home State bank su-
pervisor and the State bank supervisor of the rel-
evant host State. 
‘‘(C) SUPERVISORY
FEES.—Except as ex-
pressly provided in a cooperative agreement be-
tween the State bank supervisors of the home 
State and any host State of an insured State 
bank, only the State bank supervisor of the home
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State of an insured State bank may levy or 
charge State supervisory fees on the bank. 
‘‘(2) HOST STATE EXAMINATION.— 
‘‘(A) IN
GENERAL.—With respect to a 
branch operated in a host State by an out-of- 
State insured State bank that resulted from an 
interstate merger transaction approved under 
section 44 or that was established in such State 
pursuant to section 5155(g) of the Revised Stat-
utes, the third undesignated paragraph of section 
9 of the Federal Reserve Act or section 18(d)(4) 
of this Act, the appropriate State bank super-
visor of such host State may— 
‘‘(i) with written notice to the State 
bank supervisor of the bank’s home State 
and subject to the terms of any applicable 
cooperative agreement with the State bank 
supervisor of such home State, examine such 
branch for the purpose of determining com-
pliance with host State laws that are appli-
cable pursuant to section 24(j) of this Act, 
including those that govern community re-
investment, fair lending, and consumer pro-
tection; and
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‘‘(ii) if expressly permitted under and 
subject to the terms of a cooperative agree-
ment with the State bank supervisor of the 
bank’s home State or if such out-of-State in-
sured State bank has been determined to be 
in a troubled condition by either the State 
bank supervisor of the bank’s home State or 
the bank’s appropriate Federal banking 
agency, participate in the examination of 
the bank by the State bank supervisor of the 
bank’s home State to ascertain that the ac-
tivities of the branch in such host State are 
not conducted in an unsafe or unsound 
manner. 
‘‘(B) NOTICE OF DETERMINATION.— 
‘‘(i) IN GENERAL.—The State bank su-
pervisor of the home State of an insured 
State bank should notify the State bank su-
pervisor of each host State of the bank if 
there has been a final determination that 
the bank is in a troubled condition. 
‘‘(ii) TIMING OF NOTICE.—The State 
bank supervisor of the home State of an in-
sured State bank should provide notice 
under clause (i) as soon as reasonably pos-
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sible but in all cases within 15 business 
days after the State bank supervisor has 
made such final determination or has re-
ceived written notification of such final de-
termination. 
‘‘(3) HOST STATE ENFORCEMENT.—If the State 
bank supervisor of a host State determines that a 
branch of an out-of-State State insured State bank is 
violating any law of the host State that is applicable 
to such branch pursuant to section 24(j) of this Act, 
including a law that governs community reinvest-
ment, fair lending, or consumer protection, the State 
bank supervisor of the host State or, to the extent au-
thorized by the law of the host State, a host State law 
enforcement officer may, with written notice to the 
State bank supervisor of the bank’s home State and 
subject to the terms of any applicable cooperative 
agreement with the State bank supervisor of the 
bank’s home State, undertake such enforcement ac-
tions 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. 
‘‘(4) COOPERATIVE AGREEMENT.— 
‘‘(A) IN GENERAL.—The State bank super-
visors from 2 or more States may enter into co-
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operative agreements to facilitate State regu-
latory supervision of State banks, including co-
operative agreements relating to the coordination 
of examinations and joint participation in ex-
aminations. For purposes of this subsection (h), 
the term ‘cooperative agreement’ means a written 
agreement that is signed by the home State bank 
supervisor and host State bank supervisor to fa-
cilitate State regulatory supervision of State 
banks and includes nationwide or multi-state co-
operative agreements and cooperative agreements 
solely between the home State and host State. 
‘‘(B) RULE OF CONSTRUCTION.—Except for 
State bank supervisors, no provision of this sub-
section relating to such cooperative agreements 
shall be construed as limiting in any way the 
authority of home and host State law enforce-
ment officers, regulatory supervisors, or other of-
ficials that have not signed such cooperative 
agreements to enforce host State laws that are 
applicable to a branch of an out-of-State insured 
State bank located in the host State pursuant to 
section 24(j) of this Act. 
‘‘(5) FEDERAL
REGULATORY
AUTHORITY.—No 
provision of this subsection shall be construed as lim-
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iting in any way the authority of any Federal bank-
ing agency. 
‘‘(6) STATE
TAXATION
AUTHORITY
NOT
AF-
FECTED.—No provision of this subsection (h) 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 for-
eign bank, to the extent such tax or tax method is oth-
erwise permissible by or under the Constitution of the 
United States or other Federal law. 
‘‘(7) DEFINITIONS.—For purpose of this section, 
the following definition shall apply: 
‘‘(A) HOST STATE, HOME STATE, OUT-OF- 
STATE
BANK.—The terms ‘host State’, ‘home 
State’, and ‘out-of-State bank’ have the same 
meanings as in section 44(g). 
‘‘(B) STATE SUPERVISORY FEES.—The term 
‘State supervisory fees’ means assessments, exam-
ination fees, branch fees, license fees, and all 
other fees that are levied or charged by a State 
bank supervisor directly upon an insured State 
bank or upon branches of an insured State bank.
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‘‘(C) TROUBLED
CONDITION.—Solely for 
purposes of subparagraph (2)(B) of this sub-
section (h), an insured State bank has been de-
termined to be in ‘troubled condition’ if the 
bank— 
‘‘(i) has a composite rating, as deter-
mined in its most recent report of examina-
tion, of 4 or 5 under the Uniform Financial 
Institutions Ratings System (UFIRS); or 
‘‘(ii) is subject to a proceeding initi-
ated by the Corporation for termination or 
suspension of deposit insurance; or 
‘‘(iii) is subject to a proceeding initi-
ated by the State bank supervisor of the 
bank’s home State to vacate, revoke, or ter-
minate the charter of the bank, or to liq-
uidate the bank, or to appoint a receiver for 
the bank. 
‘‘(D) FINAL DETERMINATION.—For the pur-
poses of paragraph (2)(B), the term ‘final deter-
mination’ means the transmittal of a report of 
examination to the bank or transmittal of offi-
cial notice of proceedings to the bank.’’.
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SEC. 620. NONWAIVER OF PRIVILEGES. 
(a) INSURED DEPOSITORY INSTITUTIONS.—Section 18 
of the Federal Deposit Insurance Act (12 U.S.C. 1828) is 
amended by adding at the end the following new subsection: 
‘‘(x) PRIVILEGES NOT AFFECTED BY DISCLOSURE TO 
BANKING AGENCY OR SUPERVISOR.— 
‘‘(1) IN GENERAL.—The submission by any per-
son of any information to any Federal banking agen-
cy, State bank supervisor, or foreign banking author-
ity for any purpose in the course of any supervisory 
or regulatory process of such agency, supervisor, or 
authority shall not be construed as waiving, destroy-
ing, or otherwise affecting any privilege such person 
may claim with respect to such information under 
Federal or State law as to any person or entity other 
than such agency, supervisor, or authority. 
‘‘(2) RULE OF CONSTRUCTION.—No provision of 
paragraph (1) may be construed as implying or es-
tablishing that— 
‘‘(A) any person waives any privilege ap-
plicable to information that is submitted or 
transferred under any circumstance to which 
paragraph (1) does not apply; or 
‘‘(B) any person would waive any privilege 
applicable to any information by submitting the 
information to any Federal banking agency,
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State bank supervisor, or foreign banking au-
thority, but for this subsection.’’. 
(b) INSURED CREDIT UNIONS.—Section 205 of the 
Federal Credit Union Act (12 U.S.C.1785) is amended by 
adding at the end the following new subsection: 
‘‘(j) PRIVILEGES NOT AFFECTED BY DISCLOSURE TO 
BANKING AGENCY OR SUPERVISOR.— 
‘‘(1) IN GENERAL.—The submission by any per-
son of any information to the Administration, any 
State credit union supervisor, or foreign banking au-
thority for any purpose in the course of any super-
visory or regulatory process of such Board, supervisor, 
or authority shall not be construed as waiving, de-
stroying, or otherwise affecting any privilege such 
person may claim with respect to such information 
under Federal or State law as to any person or entity 
other than such Board, supervisor, or authority. 
‘‘(2) RULE OF CONSTRUCTION.—No provision of 
paragraph (1) may be construed as implying or es-
tablishing that— 
‘‘(A) any person waives any privilege ap-
plicable to information that is submitted or 
transferred under any circumstance to which 
paragraph (1) does not apply; or
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‘‘(B) any person would waive any privilege 
applicable to any information by submitting the 
information to the Administration, any State 
credit union supervisor, or foreign banking au-
thority, but for this subsection.’’. 
SEC. 621. RIGHT TO FINANCIAL PRIVACY ACT OF 1978 
AMENDMENT. 
Paragraph (1) of section 1101 of the Right to Finan-
cial Privacy Act of 1978 (12 U.S.C. 3401) is amended by 
inserting ‘‘(including any lender who advances funds on 
pledges of personal property)’’ after ‘‘consumer finance in-
stitution’’. 
SEC. 622. DEPUTY DIRECTOR; SUCCESSION AUTHORITY FOR 
DIRECTOR OF THE OFFICE OF THRIFT SUPER-
VISION. 
(a) ESTABLISHMENT OF POSITION OF DEPUTY DIREC-
TOR.—Section 3(c)(5) of the Home Owners’ Loan Act (12 
U.S.C. 1462a(c)(5)) is amended to read as follows: 
‘‘(5) DEPUTY DIRECTOR.— 
‘‘(A) IN
GENERAL.—The Secretary of the 
Treasury shall appoint a Deputy Director and 
may appoint up to 3 additional Deputy Direc-
tors. 
‘‘(B) FIRST DEPUTY DIRECTOR.—If the Sec-
retary of the Treasury appoints more than 1
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Deputy Director of the Office, the Secretary shall 
designate one such appointee as the First Deputy 
Director. 
‘‘(C) DUTIES.—Each Deputy Director ap-
pointed under this paragraph shall take an oath 
of office and perform such duties as the Director 
shall direct. 
‘‘(D) COMPENSATION AND BENEFITS.—The 
Director shall fix the compensation and benefits 
for each Deputy Director in accordance with this 
Act.’’. 
(b) SERVICE OF DEPUTY DIRECTOR AS ACTING DIREC-
TOR.—Section 3(c)(3) of the Home Owners’ Loan Act (12 
U.S.C. 1462a(c)(3)) is amended— 
(1) by striking ‘‘VACANCY.—A vacancy in the 
position of Director’’ and inserting ‘‘VACANCY.— 
‘‘(A) IN GENERAL.—A vacancy in the posi-
tion of Director’’; and 
(2) by adding at the end the following new sub-
paragraphs: 
‘‘(B) ACTING DIRECTOR.— 
‘‘(i) IN GENERAL.—In the event of a 
vacancy in the position of Director or dur-
ing the absence or disability of the Director,