111 
•HR 3505 RH2 
holding company has been convicted of any 
criminal offense involving dishonesty or a 
breach of trust, or has agreed to enter into 
a pretrial diversion or similar program in 
connection with a prosecution for such an 
offense,’’. 
SEC. 614. CLARIFICATION THAT NOTICE AFTER SEPARA-
TION FROM SERVICE MAY BE MADE BY AN 
ORDER. 
(a) IN GENERAL.—Section 8(i)(3) of the Federal De-
posit Insurance Act (12 U.S.C. 1818(i)(3)) is amended by 
inserting ‘‘or order’’ after ‘‘notice’’ each place such term ap-
pears. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The 
heading for section 8(i)(3) of the Federal Deposit Insurance 
Act (12 U.S.C. 1818(i)(3)) is amended by inserting ‘‘OR 
ORDER’’ after ‘‘NOTICE’’. 
SEC. 615. ENFORCEMENT AGAINST MISREPRESENTATIONS 
REGARDING FDIC DEPOSIT INSURANCE COV-
ERAGE. 
(a) IN GENERAL.—Section 18(a) of the Federal De-
posit Insurance Act (12 U.S.C. 1828(a)) is amended by 
adding at the end the following new paragraph:
112 
•HR 3505 RH2 
‘‘(4) FALSE
ADVERTISING, MISUSE
OF
FDIC 
NAMES, AND MISREPRESENTATION TO INDICATE IN-
SURED STATUS.— 
‘‘(A) PROHIBITION ON FALSE ADVERTISING 
AND MISUSE OF FDIC NAMES.—No person may— 
‘‘(i) use the terms ‘Federal Deposit’, 
‘Federal Deposit Insurance’, ‘Federal De-
posit Insurance Corporation’, any combina-
tion of such terms, or the abbreviation 
‘FDIC’ as part of the business name or firm 
name of any person, including any corpora-
tion, partnership, business trust, associa-
tion, or other business entity; or 
‘‘(ii) use such terms or any other sign 
or symbol as part of an advertisement, so-
licitation, or other document, 
to represent, suggest or imply that any deposit 
liability, obligation, certificate or share is in-
sured or guaranteed by the Federal Deposit In-
surance Corporation, if such deposit liability, ob-
ligation, certificate, or share is not insured or 
guaranteed by the Corporation. 
‘‘(B) PROHIBITION
ON
MISREPRESENTA-
TIONS
OF
INSURED
STATUS.—No person may 
knowingly misrepresent—
113 
•HR 3505 RH2 
‘‘(i) that any deposit liability, obliga-
tion, certificate, or share is federally in-
sured, if such deposit liability, obligation, 
certificate, or share is not insured by the 
Corporation; or 
‘‘(ii) the extent to which or the manner 
in which any deposit liability, obligation, 
certificate, or share is insured by the Fed-
eral Deposit Insurance Corporation, if such 
deposit liability, obligation, certificate, or 
share is not insured by the Corporation to 
the extent or in the manner represented. 
‘‘(C) AUTHORITY OF FDIC.—The Corpora-
tion shall have— 
‘‘(i) jurisdiction over any person that 
violates this paragraph, or aids or abets the 
violation of this paragraph; and 
‘‘(ii) for purposes of enforcing the re-
quirements of this paragraph with regard to 
any person— 
‘‘(I) the authority of the Corpora-
tion under section 10(c) to conduct in-
vestigations; and
114 
•HR 3505 RH2 
‘‘(II) the enforcement authority of 
the Corporation under subsections (b), 
(c), (d) and (i) of section 8, 
as if such person were a state nonmember in-
sured bank. 
‘‘(D) OTHER
ACTIONS
PRESERVED.—No 
provision of this paragraph shall be construed as 
barring any action otherwise available, under 
the laws of the United States or any State, to 
any Federal or State law enforcement agency or 
individual.’’. 
(b) ENFORCEMENT ORDERS.—Section 8(c) of the Fed-
eral Deposit Insurance Act (12 U.S.C. 1818(c)) is amended 
by adding at the end the following new paragraph: 
‘‘(4) FALSE ADVERTISING OR MISUSE OF NAMES 
TO INDICATE INSURED STATUS.— 
‘‘(A) TEMPORARY ORDER.— 
‘‘(i) IN
GENERAL.—If a notice of 
charges served under subsection (b)(1) of 
this section specifies on the basis of par-
ticular facts that any person is engaged in 
conduct described in section 18(a)(4), the 
Corporation may issue a temporary order 
requiring—
115 
•HR 3505 RH2 
‘‘(I) the immediate cessation of 
any activity or practice described, 
which gave rise to the notice of charges; 
and 
‘‘(II) affirmative action to prevent 
any further, or to remedy any existing, 
violation. 
‘‘(ii) EFFECT
OF
ORDER.—Any tem-
porary order issued under this subpara-
graph shall take effect upon service. 
‘‘(B) EFFECTIVE
PERIOD
OF
TEMPORARY 
ORDER.—A temporary order issued under sub-
paragraph (A) shall remain effective and en-
forceable, pending the completion of an adminis-
trative proceeding pursuant to subsection (b)(1) 
in connection with the notice of charges— 
‘‘(i) until such time as the Corporation 
shall dismiss the charges specified in such 
notice; or 
‘‘(ii) if a cease-and-desist order is 
issued against such person, until the effec-
tive date of such order. 
‘‘(C) CIVIL MONEY PENALTIES.—Violations 
of section 18(a)(4) shall be subject to civil money 
penalties as set forth in subsection (i) in an