‘‘(f) ENFORCEMENT.—
‘‘(1) LIMITED
FTC
ENFORCEMENT
AUTHOR-
ITY.—Compliance with the requirements of sub-
sections (b) and (c), and any regulation prescribed 
or order issued under any such subsection, shall be 
enforced under the Federal Trade Commission Act 
by the Federal Trade Commission. 
‘‘(2) BROAD
STATE
ENFORCEMENT
AUTHOR-
ITY.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (C), an appropriate State supervisor of a 
depository institution lacking Federal deposit 
insurance may examine and enforce compliance 
with the requirements of this section, and any 
regulation prescribed under this section. 
‘‘(B) STATE
POWERS.—For purposes of 
bringing any action to enforce compliance with 
this section, no provision of this section shall be 
construed as preventing an appropriate State 
supervisor of a depository institution lacking 
Federal deposit insurance from exercising any 
powers conferred on such official by the laws of 
such State. 
‘‘(C) 
LIMITATION
ON
STATE
ACTION 
WHILE
FEDERAL
ACTION
PENDING.—If the
Federal Trade Commission has instituted an 
enforcement action for a violation of this sec-
tion, no appropriate State supervisor may, dur-
ing the pendency of such action, bring an action 
under this section against any defendant named 
in the complaint of the Commission for any vio-
lation of this section that is alleged in that com-
plaint.’’. 
TITLE IV—DEPOSITORY 
INSTITUTION PROVISIONS 
SEC. 401. EASING RESTRICTIONS ON INTERSTATE BRANCH-
ING AND MERGERS. 
(a) DE NOVO INTERSTATE BRANCHES OF NATIONAL 
BANKS.—
(1) IN GENERAL.—Section 5155(g)(1) of the 
Revised Statutes of the United States (12 U.S.C. 
36(g)(1)) is amended by striking ‘‘maintain a 
branch if—’’ and all that follows through the end of 
subparagraph (B) and inserting ‘‘maintain a 
branch.’’. 
(2) CLERICAL AMENDMENT.—The heading for 
subsection (g) of section 5155 of the Revised Stat-
utes of the United States is amended by striking 
‘‘STATE ‘OPT-IN’ ELECTION TO PERMIT’’.
(b) DE NOVO INTERSTATE BRANCHES OF STATE 
NONMEMBER BANKS.—
(1) IN GENERAL.—Section 18(d)(4)(A) of the 
Federal 
Deposit 
Insurance 
Act 
(12 
U.S.C. 
1828(d)(4)(A)) is amended by striking ‘‘maintain a 
branch if—’’ and all that follows through the end of 
clause (ii) and inserting ‘‘maintain a branch.’’. 
(2) INTERSTATE BRANCHING BY SUBSIDIARIES 
OF
COMMERCIAL
FIRMS
PROHIBITED.—Section 
18(d)(3)) of the Federal Deposit Insurance Act (12 
U.S.C. 1828(d)(3)) is amended by adding at the end 
the following new subparagraph: 
‘‘(C) INTERSTATE BRANCHING BY SUBSIDI-
ARIES OF COMMERCIAL FIRMS PROHIBITED.—
‘‘(i) IN GENERAL.—If the appropriate 
State bank supervisor of the home State of 
any industrial loan company, industrial 
bank, or other institution described in sec-
tion 2(c)(2)(H) of the Bank Holding Com-
pany Act of 1956, or the appropriate State 
bank supervisor of any host State with re-
spect to such company, bank, or institu-
tion, determines that such company, bank, 
or institution is controlled, directly or indi-
rectly, by a commercial firm, such com-
pany, bank, or institution may not acquire, 
establish, or operate a branch in such host 
State. 
‘‘(ii) COMMERCIAL FIRM DEFINED.—
For purposes of this subsection, the term 
‘commercial firm’ means any entity at least 
15 percent of the annual gross revenues of 
which on a consolidated basis, including all 
affiliates of the entity, were derived from 
engaging, on an on-going basis, in activi-
ties that are not financial in nature or inci-
dental to a financial activity during at 
least 3 of the prior 4 calendar quarters. 
‘‘(iii) 
GRANDFATHERED
INSTITU-
TIONS.—Clause (i) shall not apply with re-
spect to any industrial loan company, in-
dustrial bank, or other institution de-
scribed in section 2(c)(2)(H) of the Bank 
Holding Company Act of 1956—
‘‘(I) which became an insured de-
pository institution before October 1, 
2003 or pursuant to an application 
for deposit insurance which was ap-
proved by the Corporation before such 
date; and
‘‘(II) with respect to which there 
is no change in control, directly or in-
directly, of the company, bank, or in-
stitution after September 30, 2003, 
that requires an application under 
subsection (c), section 7(j), section 3 
of the Bank Holding Company Act of 
1956, or section 10 of the Home 
Owners’ Loan Act. 
‘‘(iv) TRANSITION
PROVISION.—Any 
divestiture required under this subpara-
graph of a branch in a host State shall be 
completed as quickly as is reasonably pos-
sible. 
‘‘(v) CORPORATE
REORGANIZATIONS 
PERMITTED.—The acquisition of direct or 
indirect control of the company, bank, or 
institution referred to in clause (iii)(II) 
shall not be treated as a ‘change in con-
trol’ for purposes of such clause if the 
company acquiring control is itself directly 
or indirectly controlled by a company that 
was an affiliate of such company, bank, or 
institution on the date referred to in clause
(iii)(II), and remained an affiliate at all 
times after such date.’’. 
(3) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—Section 18(d)(4) of the Federal Deposit 
Insurance Act (12 U.S.C. 1828(d)(4)) is amended—
(A) in subparagraph (A) by striking ‘‘Sub-
ject to subparagraph (B)’’ and inserting ‘‘Sub-
ject to subparagraph (B) and paragraph 
(3)(C)’’; and 
(B) in subparagraphs (D) and (E), by 
striking ‘‘The term’’ and inserting ‘‘For pur-
poses of this subsection, the term’’. 
(4) CLERICAL AMENDMENT.—The heading for 
paragraph (4) of section 18(d) of the Federal De-
posit Insurance Act is amended by striking ‘‘STATE 
‘OPT-IN’ ELECTION TO PERMIT INTERSTATE’’ and in-
serting ‘‘INTERSTATE’’. 
(c) DE NOVO INTERSTATE BRANCHES OF STATE 
MEMBER BANKS.—The 3rd undesignated paragraph of 
section 9 of the Federal Reserve Act (12 U.S.C. 321) is 
amended by adding at the end the following new sen-
tences: ‘‘A State member bank may establish and operate 
a de novo branch in a host State (as such terms are de-
fined in section 18(d) of the Federal Deposit Insurance 
Act) on the same terms and conditions and subject to the
same limitations and restrictions as are applicable to the 
establishment of a de novo branch of a national bank in 
a host State under section 5155(g) of the Revised Statutes 
of the United States or are applicable to an insured State 
nonmember bank under section 18(d)(3) of the Federal 
Deposit Insurance Act’’. Such section 5155(g) shall be ap-
plied for purposes of the preceding sentence by sub-
stituting ‘Board of Governors of the Federal Reserve Sys-
tem’ for ‘Comptroller of the Currency’ and ‘State member 
bank’ for ‘national bank’.’’. 
(d) INTERSTATE MERGER OF BANKS.—
(1) MERGER OF INSURED BANK WITH ANOTHER 
DEPOSITORY
INSTITUTION
OR
TRUST
COMPANY.—
Section 44(a)(1) of the Federal Deposit Insurance 
Act (12 U.S.C. 1831u(a)(1)) is amended—
(A) by striking ‘‘Beginning on June 1, 
1997, the’’ and inserting ‘‘The’’; and 
(B) by striking ‘‘insured banks with dif-
ferent home States’’ and inserting ‘‘an insured 
bank and another insured depository institution 
or trust company with a different home State 
than the resulting insured bank’’. 
(2) NATIONAL BANK TRUST COMPANY MERGER 
WITH OTHER TRUST COMPANY.—Subsection (b) of 
section 4 of the National Bank Consolidation and
Merger Act (12 U.S.C. 215a–1(b)) is amended to 
read as follows: 
‘‘(b) MERGER OF NATIONAL BANK TRUST COMPANY 
WITH ANOTHER TRUST COMPANY.—A national bank that 
is a trust company may engage in a consolidation or merg-
er under this Act with any trust company with a different 
home State, under the same terms and conditions that 
would apply if the trust companies were located within the 
same State.’’. 
(e) INTERSTATE
FIDUCIARY
ACTIVITY.—Section 
18(d) of the Federal Deposit Insurance Act (12 U.S.C. 
1828(d)) is amended by adding at the end the following 
new paragraph: 
‘‘(5) INTERSTATE FIDUCIARY ACTIVITY.—
‘‘(A) AUTHORITY OF STATE BANK SUPER-
VISOR.—The State bank supervisor of a State 
bank may approve an application by the State 
bank, when not in contravention of home State 
or host State law, to act as trustee, executor, 
administrator, registrar of stocks and bonds, 
guardian of estates, assignee, receiver, com-
mittee of estates of lunatics, or in any other fi-
duciary capacity in a host State in which State 
banks or other corporations which come into
competition with national banks are permitted 
to act under the laws of such host State. 
‘‘(B) NONCONTRAVENTION OF HOST STATE 
LAW.—Whenever the laws of a host State au-
thorize or permit the exercise of any or all of 
the foregoing powers by State banks or other 
corporations which compete with national 
banks, the granting to and the exercise of such 
powers by a State bank as provided in this 
paragraph shall not be deemed to be in con-
travention of host State law within the meaning 
of this paragraph. 
‘‘(C) STATE BANK INCLUDES TRUST COM-
PANIES.—For purposes of this paragraph, the 
term ‘State bank’ includes any State-chartered 
trust company (as defined in section 44(g)). 
‘‘(D) OTHER DEFINITIONS.—For purposes 
of this paragraph, the term ‘home State’ and 
‘host State’ have the meanings given such 
terms in section 44.’’. 
(f) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 44 of the Federal Deposit Insurance 
Act (12 U.S.C. 1831u) is amended—
(A) in subsection (a)—
(i) by striking paragraph (4) and in-
serting the following new paragraph: 
‘‘(4) TREATMENT OF BRANCHES IN CONNEC-
TION WITH CERTAIN INTERSTATE MERGER TRANS-
ACTIONS.—In the case of an interstate merger 
transaction which involves the acquisition of a 
branch of an insured depository institution or trust 
company without the acquisition of the insured de-
pository institution or trust company, the branch 
shall be treated, for purposes of this section, as an 
insured depository institution or trust company the 
home State of which is the State in which the 
branch is located.’’; and 
(ii) by striking paragraphs (5) and (6) 
and inserting the following new paragraph: 
‘‘(5) APPLICABILITY
TO
INDUSTRIAL
LOAN 
COMPANIES.—No provision of this section shall be 
construed as authorizing the approval of any trans-
action involving a industrial loan company, indus-
trial bank, or other institution described in section 
2(c)(2)(H) of the Bank Holding Company Act of 
1956, or the acquisition, establishment, or operation 
of a branch by any such company, bank, or institu-
tion, that is not allowed under section 18(d)(3).’’. 
(B) in subsection (b)—
(i) by striking ‘‘bank’’ each place such 
term appears in paragraph (2)(B)(i) and 
inserting ‘‘insured depository institution’’; 
(ii) by striking ‘‘banks’’ where such 
term appears in paragraph (2)(E) and in-
serting ‘‘insured depository institutions or 
trust companies’’; 
(iii) by striking ‘‘bank affiliate’’ each 
place such term appears in that portion of 
paragraph (3) that precedes subparagraph 
(A) and inserting ‘‘insured depository insti-
tution affiliate’’; 
(iv) by striking ‘‘any bank’’ where 
such term appears in paragraph (3)(B) 
and inserting ‘‘any insured depository in-
stitution’’; 
(v) by striking ‘‘bank’’ where such 
term appears in paragraph (4)(A) and in-
serting ‘‘insured depository institution and 
trust company’’; and 
(vi) by striking ‘‘all banks’’ where 
such term appears in paragraph (5) and 
inserting ‘‘all insured depository institu-
tions and trust companies’’;
(C) in subsection (d)(1), by striking ‘‘any 
bank’’ and inserting ‘‘any insured depository in-
stitution or trust company’’; 
(D) in subsection (e)—
(i) by striking ‘‘1 or more banks’’ and 
inserting ‘‘1 or more insured depository in-
stitutions’’; and 
(ii) by striking ‘‘paragraph (2), (4), or 
(5)’’ and inserting ‘‘paragraph (2)’’; 
(E) by striking clauses (i) and (ii) of sub-
section (g)(4)(A) and inserting the following 
new clauses: 
‘‘(i) with respect to a national bank or 
Federal savings association, the State in 
which the main office of the bank or sav-
ings association is located; and 
‘‘(ii) with respect to a State bank, 
State savings association, or State-char-
tered trust company, the State by which 
the bank, savings association, or trust 
company is chartered; and’’; 
(F) by striking paragraph (5) of subsection 
(g) and inserting the following new paragraph: 
‘‘(5) HOST
STATE.—The term ‘host State’ 
means—
‘‘(A) with respect to a bank, a State, other 
than the home State of the bank, in which the 
bank maintains, or seeks to establish and main-
tain, a branch; and 
‘‘(B) with respect to a trust company and 
solely for purposes of section 18(d)(5), a State, 
other than the home State of the trust com-
pany, in which the trust company acts, or seeks 
to act, in 1 or more fiduciary capacities.’’; 
(G) in subsection (g)(10), by striking ‘‘sec-
tion 18(c)(2)’’ and inserting ‘‘paragraph (1) or 
(2) of section 18(c), as appropriate,’’; and 
(H) in subsection (g), by adding at the end 
the following new paragraph: 
‘‘(12) TRUST COMPANY.—The term ‘trust com-
pany’ means—
‘‘(A) any national bank; 
‘‘(B) any savings association; and 
‘‘(C) any bank, banking association, trust 
company, savings bank, or other banking insti-
tution which is incorporated under the laws of 
any State, 
that is authorized to act in 1 or more fiduciary ca-
pacities but is not engaged in the business of receiv-
ing deposits other than trust funds (as defined in 
section 3(p)).’’. 
(2) Section 3(d) of the Bank Holding Company 
Act of 1956 (12 U.S.C. 1842(d)) is amended—
(A) in paragraph (1)—
(i) by striking subparagraphs (B) and 
(C); and 
(ii) by redesignating subparagraph 
(D) as subparagraph (B); and 
(B) in paragraph (5), by striking ‘‘sub-
paragraph (B) or (D)’’ and inserting ‘‘subpara-
graph (B)’’. 
(3) Subsection (c) of section 4 of the National 
Bank Consolidation and Merger Act (12 U.S.C. 
215a–1(c)) is amended to read as follows: 
‘‘(c) DEFINITIONS.—For purposes of this section, the 
terms ‘home State’, ‘out-of-State bank’, and ‘trust com-
pany’ each have the same meaning as in section 44(g) of 
the Federal Deposit Insurance Act.’’. 
(g) CLERICAL AMENDMENTS.—
(1) The heading for section 44(b)(2)(E) of the 
Federal 
Deposit 
Insurance 
Act 
(12 
U.S.C. 
1831u(b)(2)(E)) is amended by striking ‘‘BANKS’’ 
and inserting ‘‘INSURED DEPOSITORY INSTITUTIONS 
AND TRUST COMPANIES’’.
(2) The heading for section 44(e) of the Fed-
eral Deposit Insurance Act (12 U.S.C. 1831u(e)) is 
amended by striking ‘‘BANKS’’ and inserting ‘‘IN-
SURED DEPOSITORY INSTITUTIONS’’. 
SEC. 402. STATUTE OF LIMITATIONS FOR JUDICIAL REVIEW 
OF APPOINTMENT OF A RECEIVER FOR DE-
POSITORY INSTITUTIONS. 
(a) NATIONAL BANKS.—Section 2 of the National 
Bank Receivership Act (12 U.S.C. 191) is amended—
(1) by striking ‘‘SECTION 2. The Comptroller 
of the Currency’’ and inserting the following: 
‘‘SEC. 2. APPOINTMENT OF RECEIVER FOR A NATIONAL 
BANK. 
‘‘(a) IN GENERAL.—The Comptroller of the Cur-
rency’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) JUDICIAL REVIEW.—If the Comptroller of the 
Currency appoints a receiver under subsection (a), the na-
tional bank may, within 30 days thereafter, bring an ac-
tion in the United States district court for the judicial dis-
trict in which the home office of such bank is located, or 
in the United States District Court for the District of Co-
lumbia, for an order requiring the Comptroller of the Cur-
rency to remove the receiver, and the court shall, upon
the merits, dismiss such action or direct the Comptroller 
of the Currency to remove the receiver.’’. 
(b) INSURED DEPOSITORY INSTITUTIONS.—Section 
11(c)(7) of the Federal Deposit Insurance Act (12 U.S.C. 
1821(c)(7)) is amended to read as follows: 
‘‘(7) JUDICIAL REVIEW.—If the Corporation is 
appointed (including the appointment of the Cor-
poration as receiver by the Board of Directors) as 
conservator or receiver of a depository institution 
under paragraph (4), (9), or (10), the depository in-
stitution may, within 30 days thereafter, bring an 
action in the United States district court for the ju-
dicial district in which the home office of such de-
pository institution is located, or in the United 
States District Court for the District of Columbia, 
for an order requiring the Corporation to be re-
moved as the conservator or receiver (regardless of 
how such appointment was made), and the court 
shall, upon the merits, dismiss such action or direct 
the Corporation to be removed as the conservator or 
receiver.’’. 
(c) EXPANSION OF PERIOD FOR CHALLENGING THE 
APPOINTMENT
OF
A LIQUIDATING AGENT.—Subpara-
graph (B) of section 207(a)(1) of the Federal Credit
Union Act (12 U.S.C. 1787(a)(1)) is amended by striking 
‘‘10 days’’ and inserting ‘‘30 days’’. 
(d) EFFECTIVE DATE.—The amendments made by 
subsections (a), (b), and (c) shall apply with respect to 
conservators, receivers, or liquidating agents appointed on 
or after the date of the enactment of this Act. 
SEC. 403. REPORTING REQUIREMENTS RELATING TO IN-
SIDER LENDING. 
(a) REPORTING REQUIREMENTS REGARDING LOANS 
TO EXECUTIVE OFFICERS OF MEMBER BANKS.—Section 
22(g) of the Federal Reserve Act (12 U.S.C. 375a) is 
amended—
(1) by striking paragraphs (6) and (9); and 
(2) by redesignating paragraphs (7), (8), and 
(10) as paragraphs (6), (7), and (8), respectively. 
(b) REPORTING REQUIREMENTS REGARDING LOANS 
FROM CORRESPONDENT BANKS TO EXECUTIVE OFFI-
CERS AND SHAREHOLDERS OF INSURED BANKS.—Section 
106(b)(2) of the Bank Holding Company Act Amend-
ments of 1970 (12 U.S.C. 1972(2)) is amended—
(1) by striking subparagraph (G); and 
(2) by redesignating subparagraphs (H) and (I) 
as subparagraphs (G) and (H), respectively.
SEC. 404. AMENDMENT TO PROVIDE AN INFLATION AD-
JUSTMENT FOR THE SMALL DEPOSITORY IN-
STITUTION EXCEPTION UNDER THE DEPOSI-
TORY 
INSTITUTION 
MANAGEMENT 
INTER-
LOCKS ACT. 
Section 203(1) of the Depository Institution Manage-
ment Interlocks Act (12 U.S.C. 3202(1)) is amended by 
striking ‘‘$20,000,000’’ and inserting ‘‘$100,000,000’’. 
SEC. 405. ENHANCING THE SAFETY AND SOUNDNESS OF IN-
SURED DEPOSITORY INSTITUTIONS. 
(a) CLARIFICATION RELATING TO THE ENFORCE-
ABILITY OF AGREEMENTS AND CONDITIONS.—The Fed-
eral Deposit Insurance Act (12 U.S.C. 1811 et seq.) is 
amended by adding at the end the following new section: 
‘‘SEC. 49. ENFORCEMENT OF AGREEMENTS. 
‘‘(a) IN GENERAL.—Notwithstanding clause (i) or 
(ii) of section 8(b)(6)(A) or section 38(e)(2)(E)(i), an ap-
propriate Federal banking agency may enforce, under sec-
tion 8, the terms of—
‘‘(1) any condition imposed in writing by the 
agency on a depository institution or an institution-
affiliated party (including a bank holding company) 
in connection with any action on any application, no-
tice, or other request concerning a depository insti-
tution; or