(C) in subsection (c)—
(i) by striking ‘‘the bank or banks’’
and inserting ‘‘any depository institution’’;
and
(ii) by striking ‘‘capability of the
bank’’ and inserting ‘‘capability of the de-
pository institution’’.
(12) Section 7 of the Bank Service Company Act
(12 U.S.C. 1867) is amended—
(A) in subsection (b), by striking ‘‘insured
bank’’ and inserting ‘‘insured depository institu-
tion’’;
(B) in subsection (c)—
(i) by striking ‘‘a bank’’ each place
such term appears and inserting ‘‘a deposi-
tory institution’’; and
(ii) by striking ‘‘the bank’’ each place
such term appears and inserting ‘‘the depos-
itory institution’’.
SEC. 407. CROSS GUARANTEE AUTHORITY.
Subparagraph (A) of section 5(e)(9) of the Federal De-
posit Insurance Act (12 U.S.C. 1815(e)(9)(A)) is amended
to read as follows:
‘‘(A) such institutions are controlled by the
same company; or’’.
SEC. 408. GOLDEN PARACHUTE AUTHORITY AND NONBANK
HOLDING COMPANIES.
Subsection (k) of section 18 of the Federal Deposit In-
surance Act (12 U.S.C. 1828(k)) is amended—
(1) in paragraph (2)(A), by striking ‘‘or deposi-
tory institution holding company’’ and inserting ‘‘or
covered company’’;
(2) by striking subparagraph (B) of paragraph
(2) and inserting the following new subparagraph:
‘‘(B) Whether there is a reasonable basis to
believe that the institution-affiliated party is
substantially responsible for—
‘‘(i) the insolvency of the depository in-
stitution or covered company;
‘‘(ii) the appointment of a conservator
or receiver for the depository institution; or
‘‘(iii) the depository institution’s trou-
bled condition (as defined in the regulations
prescribed pursuant to section 32(f)).’’;
(3) in paragraph (2)(F), by striking ‘‘depository
institution holding company’’ and inserting ‘‘covered
company,’’;
(4) in paragraph (3) in the matter preceding
subparagraph (A), by striking ‘‘depository institution
holding company’’ and inserting ‘‘covered company’’;
(5) in paragraph (3)(A), by striking ‘‘holding
company’’ and inserting ‘‘covered company’’;
(6) in paragraph (4)(A)—
(A) by striking ‘‘depository institution hold-
ing company’’ each place such term appears and
inserting ‘‘covered company’’; and
(B) by striking ‘‘holding company’’ each
place such term appears (other than in connec-
tion with the term referred to in subparagraph
(A)) and inserting ‘‘covered company’’;
(7) in paragraph (5)(A), by striking ‘‘depository
institution holding company’’ and inserting ‘‘covered
company’’;
(8) in paragraph (5), by adding at the end the
following new subparagraph:
‘‘(D) COVERED COMPANY.—The term ‘cov-
ered company’ means any depository institution
holding company (including any company re-
quired to file a report under section 4(f)(6) of the
Bank Holding Company Act of 1956), or any
other company that controls an insured deposi-
tory institution.’’; and
(9) in paragraph (6)—
(A) by striking ‘‘depository institution hold-
ing company’’ and inserting ‘‘covered com-
pany,’’; and
(B) by striking ‘‘or holding company’’ and
inserting ‘‘or covered company’’.
SEC. 409. DUTY OF DEPOSITORY INSTITUTIONS TO INFORM
CUSTOMERS OF CERTAIN ADVERSE ACTIONS.
(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) DUTY TO NOTIFY OF ADVERSE ACTION.—Any in-
sured depository institution that furnishes, to a consumer
reporting agency (as defined in section 603 of the Fair
Credit Reporting Act), any information relating to a cus-
tomer of the depository institution that is, or may be con-
strued as being, adverse to the interests of the customer shall
notify the customer, at the same time the information is
furnished to the agency, that such information has been pro-
vided to such agency, together with a brief description of
such information sufficient to allow the customer to deter-
mine the accuracy or completeness of the information so
furnished.’’.
(b) INSURED CREDIT UNIONS.—Section 206 of the
Federal Credit Union Act (12 U.S.C. 1786) is amended by
adding at the end the following new subsection:
‘‘(w) DUTY TO NOTIFY OF ADVERSE ACTION.—Any in-
sured credit union that furnishes, to a consumer reporting
agency (as defined in section 603 of the Fair Credit Report-
ing Act), any information relating to a shareholder or mem-
ber of the insured credit union that is, or may be construed
as being, adverse to the interests of the shareholder or mem-
ber shall notify the shareholder or member, at the same time
the information is furnished to the agency, that such infor-
mation has been provided to such agency, together with a
brief description of such information sufficient to allow the
shareholder or member to determine the accuracy or com-
pleteness of the information so furnished.’’.
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 ‘‘subsection
(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 com-
pany 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 se-
curities 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 ‘‘, un-
less the Board determines that such treatment is not appro-
priate 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 section
5(c)(4) of the Home Owners’ Loan Act (12 U.S.C.
1464(c)(4)(B)) is amended by striking ‘‘CORPORA-
TIONS’’ 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 ‘‘serv-
ice 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—
(1) 
in 
paragraph (1), 
by 
striking 
‘‘loan
or discount’’ and all that follows through ‘‘the greater
of—’’ and inserting ‘‘loan, discount, or credit sale
made or upon any note, bill of exchange, financing
transaction, or other evidence of debt issued to or ac-
quired by any competing lender, shall be equal to not
more than the greater of—’’;
(2) in paragraph (2), by striking subparagraph
(A) and inserting the following:
‘‘(A) the authority of any competing lender
to take, receive, reserve, or charge interest on any
loan or credit sale made in any State other than
the State referred to in paragraph (1); or’’; and
(3) by adding at the end the following:
‘‘(3) DEFINITION.—For purposes of this sub-
section, the term ‘competing lender’ means—
‘‘(A) any insured depository institution
whose home State is such State; and
‘‘(B) any other person or entity engaged in
the business of selling or financing the sale of
property (and any services incidental to the sale
of property) in such State, except that, with re-
gard to any person or entity described in this
subparagraph, such term does not include any
person or entity engaged in the business of pro-
viding a short-term cash advance to any con-
sumer in exchange for—
‘‘(i) a consumer’s personal check or
share draft, in the amount of the advance
plus a fee, where presentment or negotiation
of such check or share draft is deferred by
agreement of the parties until a designated
future date; or
‘‘(ii) a consumer’s 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.’’.
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 EXAM-
INER RESOURCES.—Notwithstanding paragraphs (1),
(2), (3), and (4), an appropriate Federal banking
agency may make adjustments in the examination
cycle for an insured depository institution if nec-
essary to allocate available resources of examiners in
a manner that provides for the safety and soundness
of, and the effective examination and supervision 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. CREDIT CARD ACCOUNTS PERMITTED FOR BANK
EXAMINERS ON SAME TERMS AS OTHER CON-
SUMERS.
Section 212 of title 18, United States Code, is amended
by adding at the end the following new paragraph:
‘‘With respect to any employee of a Federal banking
agency (as defined in section 3 of the Federal Deposit Insur-
ance Act) including any examiner or assistant examiner,
the provisions of this section and section 213 shall not pro-
hibit such employee from applying for, or being a card-
holder under, any credit card account under an open end
consumer credit plan (as such terms are defined in the
Truth in Lending Act), to the extent the terms and condi-
tions applicable with respect to such account, and any cred-
it extended under such account, are no more favorable to
the employee than the terms and conditions that are gen-
erally applicable to credit card accounts established under
open end consumer credit plans for other consumers.’’.
SEC. 603. 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 subpara-
graph:
‘‘(C) DATA
SHARING
WITH
OTHER
AGEN-
CIES AND PERSONS.—In addition to reports of
examination, reports of condition, and other re-
ports required to be regularly provided to the
Corporation (with respect to all insured deposi-
tory institutions, including a depository institu-
tion for which the Corporation has been ap-
pointed conservator or receiver) or an appro-
priate State bank supervisor (with respect to a
State depository institution) under subpara-
graph (A) or (B), a Federal banking agency
may, in the agency’s discretion, furnish any re-