(B) by striking ‘‘or holding company’’ and 
inserting ‘‘or covered company’’. 
SEC. 409. AMENDMENTS RELATING TO CHANGE IN BANK 
CONTROL. 
Section 7(j) of the Federal Deposit Insurance Act (12 
U.S.C. 1817(j)) is amended—
(1) in paragraph (1)(D)—
(A) by striking ‘‘is needed to investigate’’ 
and inserting ‘‘is needed—
‘‘(i) to investigate’’; 
(B) by striking ‘‘United States Code.’’ and 
inserting ‘‘United States Code; or’’; and 
(C) by adding at the end the following new 
clause: 
‘‘(ii) to analyze the safety and sound-
ness of any plans or proposals described in 
paragraph (6)(E) or the future prospects 
of the institution.’’; and 
(2) in paragraph (7)(C), by striking ‘‘the finan-
cial condition of any acquiring person’’ and inserting 
‘‘either the financial condition of any acquiring per-
son or the future prospects of the institution’’.
SEC. 410. COMMUNITY REINVESTMENT CREDIT FOR ESOPS 
AND EWOCS. 
Section 804 of the Community Reinvestment Act of 
1977 (12 U.S.C. 2903) is amended by adding at the end 
the following new subsection—
‘‘(d) ESTABLISHMENT OF ESOPS AND EWOCS.—
‘‘(1) IN
GENERAL.—In assessing and taking 
into account, under subsection (a), the record of a 
financial institution, the appropriate Federal finan-
cial supervisory agency shall consider as a factor ac-
tivities that support or enable the establishment of 
employee stock ownership plans or eligible worker-
owned cooperatives, so long as the employer spon-
soring the plan or cooperative is at least 51 percent 
owned by employees, including low to moderate in-
come employees. 
‘‘(2) DEFINITIONS.—For purposes of this sub-
section, the following definitions shall apply: 
‘‘(A) 
EMPLOYEE
STOCK
OWNERSHIP 
PLAN.—The term ‘employee stock ownership 
plan’ has the same meaning as in section 
4975(e)(7) of the Internal Revenue Code of 
1986. 
‘‘(B) ELIGIBLE WORKER-OWNED COOPERA-
TIVE.—The term ‘eligible worker-owned cooper-
ative’ has the same meaning as in section
1042(c)(2) of the Internal Revenue Code of 
1986.’’. 
SEC. 411. MINORITY FINANCIAL INSTITUTIONS. 
(a) IN GENERAL.—The Federal Deposit Insurance 
Corporation and the Office of Thrift Supervision shall pro-
vide such technical assistance to minority financial institu-
tions affected by Hurricane Katrina, Hurricane Rita, and 
Hurricane Wilma as may be appropriate to preserve the 
present number of minority depository institutions and 
preserve the minority character in cases involving mergers 
or acquisitions of a minority depository institution con-
sistent with section 308(a) of the Financial Institutions 
Reform, Recovery, and Enforcement Act of 1989. 
(b) MINORITY FINANCIAL INSTITUTION DEFINED.—
For purposes of this subsection, the term ‘‘minority finan-
cial institution’’ has the same meaning as in section 
308(b) of the Financial Institutions Reform, Recovery, 
and Enforcement Act of 1989. 
TITLE V—DEPOSITORY INSTITU-
TION 
AFFILIATES 
PROVI-
SIONS 
SEC. 501. CLARIFICATION OF CROSS MARKETING PROVI-
SION. 
Section 4(n)(5) of the Bank Holding Company Act 
of 1956 (12 U.S.C. 1843(n)(5)) is amended—
(1) in subparagraph (B), by striking ‘‘sub-
section (k)(4)(I)’’ and inserting ‘‘subparagraph (H) 
or (I) of subsection (k)(4)’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(C) THRESHOLD OF CONTROL.—Subpara-
graph (A) shall not apply with respect to a 
company described or referred to in clause (i) 
or (ii) of such subparagraph if the financial 
holding company does not own or control 25 
percent or more of the total equity or any class 
of voting securities of such company.’’. 
SEC. 502. AMENDMENT TO PROVIDE THE FEDERAL RE-
SERVE 
BOARD 
WITH 
DISCRETION 
CON-
CERNING THE IMPUTATION OF CONTROL OF 
SHARES OF A COMPANY BY TRUSTEES. 
Section 2(g)(2) of the Bank Holding Company Act 
of 1956 (12 U.S.C. 1841(g)(2)) is amended by inserting 
‘‘, unless the Board determines that such treatment is not 
appropriate in light of the facts and circumstances of the 
case and the purposes of this Act’’ before the period at 
the end.
SEC. 503. ELIMINATING GEOGRAPHIC LIMITS ON THRIFT 
SERVICE COMPANIES. 
(a) IN GENERAL.—The 1st sentence of section 
5(c)(4)(B) of the Home Owners’ Loan Act (12 U.S.C. 
1464(c)(4)(B)) (as amended by section 406(b)(3) of this 
Act) is amended—
(1) by striking ‘‘corporation organized’’ and all 
that follows through ‘‘is available for purchase’’ and 
inserting ‘‘company, if the entire capital of the com-
pany is available for purchase’’; and 
(2) by striking ‘‘having their home offices in 
such State’’. 
(b) TECHNICAL CORRECTIONS.—
(1) The heading for subparagraph (B) of sec-
tion 5(c)(4) of the Home Owners’ Loan Act (12 
U.S.C. 1464(c)(4)(B)) is amended by striking ‘‘COR-
PORATIONS’’ and inserting ‘‘COMPANIES’’. 
(2) The 2nd sentence of section 5(n)(1) of the 
Home Owners’ Loan Act (12 U.S.C. 1464(n)(1)) is 
amended by striking ‘‘service corporations’’ and in-
serting ‘‘service companies’’. 
(3) Section 5(q)(1) of the Home Owners’ Loan 
Act (12 U.S.C. 1464(q)(1)) is amended by striking 
‘‘service corporation’’ each place such term appears 
in subparagraphs (A), (B), and (C) and inserting 
‘‘service company’’.
(4) Section 10(m)(4)(C)(iii)(II) of the Home 
Owners’ 
Loan 
Act 
(12 
U.S.C. 
1467a(m)(4)(C)(iii)(II)) is amended by striking 
‘‘service corporation’’ each place such term appears 
and inserting ‘‘service company’’. 
SEC. 504. CLARIFICATION OF SCOPE OF APPLICABLE RATE 
PROVISION. 
Section 44(f) of the Federal Deposit Insurance Act 
(12 U.S.C. 1831u(f)) is amended by adding at the end 
the following new paragraphs: 
‘‘(3) OTHER
LENDERS.—In the case of any 
other lender doing business in the State described in 
paragraph (1), the maximum interest rate or 
amount of interest, discount points, finance charges, 
or other similar charges that may be charged, taken, 
received, or reserved from time to time in any loan, 
discount, or credit sale made, or upon any note, bill 
of exchange, financing transaction, or other evidence 
of debt issued to or acquired by any other lender 
shall be equal to not more than the greater of the 
rates described in subparagraph (A) or (B) of para-
graph (1). 
‘‘(4) OTHER LENDER DEFINED.—For purposes 
of paragraph (3), the term ‘other lender’ means any 
person engaged in the business of selling or financ-
ing the sale of personal property (and any services 
incidental to the sale of personal property) in such 
State, except that, with regard to any person or en-
tity described in such paragraph, such term does not 
include—
‘‘(A) an insured depository institution; or 
‘‘(B) any person or entity engaged in the 
business of providing a short-term cash advance 
to any consumer in exchange for—
‘‘(i) a consumer’s personal check or 
share draft, in the amount of the advance 
plus a fee, where presentment or negotia-
tion of such check or share draft is de-
ferred by agreement of the parties until a 
designated future date; or 
‘‘(ii) a consumer authorization to 
debit the consumer’s transaction account, 
in the amount of the advance plus a fee, 
where such account will be debited on or 
after a designated future date.’’. 
SEC. 505. SAVINGS ASSOCIATIONS ACTING AS AGENTS FOR 
AFFILIATED DEPOSITORY INSTITUTIONS. 
(a) IN GENERAL.—Section 18(r) of the Federal De-
posit Insurance Act (12 U.S.C. 1828(r)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘bank subsidiary’’ and in-
serting ‘‘depository institution subsidiary’’; and 
(B) by striking ‘‘bank holding company’’ 
and inserting ‘‘depository institution holding 
company’’; 
(2) in paragraph (2), by striking ‘‘a bank act-
ing’’ and inserting ‘‘a depository institution acting’’; 
(3) in paragraphs (3) and (5), by striking ‘‘or 
(6)’’ each place such term appears in each such 
paragraph; and 
(4) by striking paragraph (6). 
(b) CLERICAL AMENDMENT.—The heading for sec-
tion 18(r)(2) of the Federal Deposit Insurance Act (12 
U.S.C. 1828(r)) is amended by striking ‘‘BANK’’ and in-
serting ‘‘DEPOSITORY INSTITUTION’’. 
SEC. 506. CREDIT CARD BANK INVESTMENTS FOR THE PUB-
LIC WELFARE. 
Section 2(c)(2)(F) of the Bank Holding Company Act 
of 1956 (12 U.S.C. 1841(c)(2)(F)) is amended—
(1) in clause (i), by striking ‘‘engages only in 
credit card operations;’’ and inserting ‘‘engages only 
in—
‘‘(I) credit card operations; and 
‘‘(II) making investments de-
signed primarily to promote the public
welfare, including the welfare of low- 
and moderate-income communities or 
families (such as by providing hous-
ing, services, or jobs), in the manner 
and to the extent permitted for na-
tional banks under the paragraph des-
ignated the ‘Eleventh’ of section 5136 
of the Revised Statutes of the United 
States 
and 
regulations 
prescribed 
under such paragraph, except that the 
last sentence of such paragraph shall 
be applied for purposes of this sub-
clause by substituting ‘5 percent’ for 
‘15 percent’ each place such term ap-
pears; ’’; and 
(2) in clause (v), by inserting ‘‘, other than 
making or purchasing loans for the purposes de-
scribed in and to the extent permitted in clause 
(i)(II))’’ before the period at the end. 
TITLE VI—BANKING AGENCY 
PROVISIONS 
SEC. 601. WAIVER OF EXAMINATION SCHEDULE IN ORDER 
TO ALLOCATE EXAMINER RESOURCES. 
Section 10(d) of the Federal Deposit Insurance Act 
(12 U.S.C. 1820(d)) is amended—
(1) by redesignating paragraphs (5), (6), (7), 
(8), (9), and (10) as paragraphs (6), (7), (8), (9), 
(10), and (11), respectively; 
(2) by inserting after paragraph (4), the fol-
lowing new paragraph: 
‘‘(5) WAIVER OF SCHEDULE WHEN NECESSARY 
TO ACHIEVE SAFE AND SOUND ALLOCATION OF EX-
AMINER
RESOURCES.—Notwithstanding paragraphs 
(1), (2), (3), and (4), an appropriate Federal bank-
ing agency may make adjustments in the examina-
tion cycle for an insured depository institution if 
necessary to allocate available resources of exam-
iners in a manner that provides for the safety and 
soundness of, and the effective examination and su-
pervision of, insured depository institutions.’’; and 
(3) in paragraphs (8) and (9), as so redesig-
nated, by striking ‘‘paragraph (6)’’ and inserting 
‘‘paragraph (7)’’. 
SEC. 602. INTERAGENCY DATA SHARING. 
(a) FEDERAL BANKING AGENCIES.—Section 7(a)(2) 
of the Federal Deposit Insurance Act (12 U.S.C. 
1817(a)(2)) is amended by adding at the end the following 
new subparagraph: 
‘‘(C) DATA SHARING WITH OTHER AGEN-
CIES AND PERSONS.—In addition to reports of