‘‘(B) Whether there is a reasonable basis 
to believe that the institution-affiliated party is 
substantially responsible for—
‘‘(i) the insolvency of the depository 
institution 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 regula-
tions 
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 institu-
tion holding company’’ and inserting ‘‘covered com-
pany’’; 
(5) in paragraph (3)(A), by striking ‘‘holding 
company’’ and inserting ‘‘covered company’’; 
(6) in paragraph (4)(A)—
(A) by striking ‘‘depository institution 
holding 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 de-
pository institution.’’; and 
(9) in paragraph (6)—
(A) by striking ‘‘depository institution 
holding company’’ and inserting ‘‘covered com-
pany,’’; and 
(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.’’.
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’’. 
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
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-
port of examination or other confidential super-
visory information concerning any depository 
institution or other entity examined by such 
agency under authority of any Federal law, 
to—
‘‘(i) any other Federal or State agen-
cy or authority with supervisory or regu-
latory authority over the depository institu-
tion or other entity; 
‘‘(ii) any officer, director, or receiver 
of such depository institution or entity; 
and 
‘‘(iii) any other person the Federal 
banking agency determines to be appro-
priate.’’.