(2) any change made with respect to any as-
sessment under such subsection which was pre-
viously published in the Federal Register.
(d) DEFINITIONS.—The following definitions shall
apply for purposes of this section:
(1) BANKING ORGANIZATION.—
(A) IN GENERAL.—The term ‘‘banking or-
ganization’’ means any bank, any bank holding
company (including any company required to
file reports pursuant to section 4(f)(6) of the
Bank Holding Company Act of 1956), and any
savings and loan holding company (as such
term is defined in section 10(a)(1)(D) of the
Home Owners’ Loan Act).
(B) BANKING
TERMS.—For purposes of
this paragraph, the terms ‘‘bank’’ and ‘‘bank
holding company’’ have the same meaning as in
section 2 of the Bank Holding Company Act of
1956.
(2) FEDERAL BANKING AGENCIES.—The term
‘‘Federal banking agencies’’ has the same meaning
as in section 3(z) of the Federal Deposit Insurance
Act.
(3) NATIONAL
TREATMENT.—The term ‘‘na-
tional treatment’’ means, with respect to any foreign
country, treatment that offers United States bank-
ing organizations the same competitive opportunities
(including effective market access) in such country
as are available to the foreign country’s domestic
banking organizations in like circumstances.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Treasury.
SEC. 3. APPLICATIONS BY FOREIGN BANKS AND OTHER
PERSONS OF A FOREIGN COUNTRY.
(a) APPLICATIONS
UNDER
THE
INTERNATIONAL
BANKING ACT
OF 1978.—Section 7(d) of the Inter-
national Banking Act of 1978 (12 U.S.C. 3105(d)) is
amended by adding at the end the following new para-
graph:
‘‘(6) ADDITIONAL
STANDARD.—In acting on
any application under paragraph (1), the Board
shall take into account whether the Secretary of the
Treasury has published a notice, in accordance with
section 2(c) of the National Treatment in Banking
Act of 1994, that the possible denial of national
treatment to United States banking organizations by
the foreign bank’s home country identified under
section 2(a) of such Act may be having a significant
adverse effect on such organizations.’’.
(b) APPLICATIONS UNDER
THE BANK HOLDING
COMPANY ACT OF 1956.—Section 5 of the Bank Holding
Company Act of 1956 (12 U.S.C. 1844) is amended by
adding at the end the following new subsection:
‘‘(g) APPLICATIONS BY A FOREIGN BANK.—In con-
sidering any application or notice under section 3 or 4 by
any foreign bank (as defined in section 1(b) of the Inter-
national Banking Act of 1978), the Board shall take into
account whether the Secretary of the Treasury has pub-
lished a notice, in accordance with section 2(c) of the Na-
tional Treatment in Banking Act of 1994, that the pos-
sible denial of national treatment to United States bank-
ing organizations by the foreign bank’s home country
identified under section 2(a) of such Act may be having
a significant adverse effect on such organizations.’’.
(c) AMENDMENT TO CHANGE IN BANK CONTROL
ACT.—Section 7(j) of the Federal Deposit Insurance Act
(12 U.S.C. 1817(j)) is amended by adding at the end the
following new paragraph:
‘‘(19) NOTICE
BY
A
PERSON
OF
A
FOREIGN
COUNTRY.—
‘‘(A) IN GENERAL.—In considering a no-
tice under this subsection by a person of a for-
eign country, the appropriate Federal banking
agency shall take into account whether the Sec-
retary of the Treasury has published a notice,
in accordance with section 2(c) of the National
Treatment in Banking Act of 1994, that the
possible denial of national treatment to United
States banking organizations by such person’s
home country identified under section 2(a) of
such Act may be having a significant adverse
effect on such organizations.
‘‘(B) PERSON OF A FOREIGN COUNTRY DE-
FINED.—For purposes of this paragraph, the
term ‘person of a foreign country’ means—
‘‘(i) any entity that—
‘‘(I) is organized under the laws
of the foreign country, or
‘‘(II) has the entity’s principal
place of business in the foreign coun-
try;
‘‘(ii) an individual who—
‘‘(I) is a citizen of the foreign
country, or
‘‘(II) is domiciled in the foreign
country; and
‘‘(iii) any person that is, directly or
indirectly, under the control of any entity
or individual described in clause (i) or
(ii).’’.
(d) AMENDMENT TO NATIONAL BANK ACT.—Section
5155 of the Revised Statutes (12 U.S.C. 36) is amended
by adding at the end the following new subsection:
‘‘(i) APPLICATION BY A BANK WHICH IS A PERSON
OF A FOREIGN COUNTRY.—In considering any application
under this section by any bank which is a person of a for-
eign country (as defined in section 7(j)(19)(B) of the Fed-
eral Deposit Insurance Act), the Comptroller of the Cur-
rency shall take into account whether the Secretary of the
Treasury has published a notice, in accordance with sec-
tion 2(c) of the National Treatment in Banking Act of
1994, that the possible denial of national treatment to
United States banking organizations by such person’s
home country identified under section 2(a) of such Act
may be having a significant adverse effect on such organi-
zations.’’.
(e) AMENDMENT TO FEDERAL DEPOSIT INSURANCE
ACT.—Section 18(c) of the Federal Deposit Insurance Act
(12 U.S.C. 1828(c)) is amended by adding at the end the
following new paragraph:
‘‘(12) APPLICATION BY A BANK WHICH IS A
PERSON OF A FOREIGN COUNTRY.—In considering
any merger transaction under this subsection involv-