I 
115TH CONGRESS 
2D SESSION 
H. R. 7323 
To amend the Federal Deposit Insurance Act with respect to shareholder 
claims arising from the appointment of a conservator or receiver for 
certain depository institutions, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 17, 2018 
Ms. JENKINS of Kansas introduced the following bill; which was referred to 
the Committee on Financial Services 
A BILL 
To amend the Federal Deposit Insurance Act with respect 
to shareholder claims arising from the appointment of 
a conservator or receiver for certain depository institu-
tions, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Independent and Com-
munity Bank Shareholders Protection Act’’. 
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‘‘(C) 
LIMITATION
ON
PAYMENT
OF 
CLAIMS.—The Corporation shall not pay a 
claim under subparagraph (A) if— 
‘‘(i) the covered institution is deter-
mined by the final judgment of a court of 
competent jurisdiction to have been insol-
vent as of the date on which control of the 
covered institution passed from its share-
holders to the Corporation; or 
‘‘(ii) the administrative expenses of 
the Corporation arising from the appoint-
ment of a conservator or receiver for the 
covered institution exceed available funds 
from the covered institution. 
‘‘(D) STATUTE OF LIMITATIONS.—The ap-
plicable statute of limitations with regard to a 
claim brought by a shareholder under subpara-
graph (A) shall be 90 days beginning on the 
date that a conservator or receiver is appointed 
for the covered institution pursuant to this Act. 
‘‘(E) COVERED INSTITUTION DEFINED.— 
In this paragraph, the term ‘covered institution’ 
means a depository institution— 
‘‘(i) for which the Corporation has ap-
pointed a conservator or receiver; and 
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‘‘(ii) that has total assets of less than 
$15,000,000,000 as of the date on which 
the institution enters conservatorship or 
receivership.’’. 
(b) SAVINGS ASSOCIATION SHAREHOLDERS.—The 
rights provided to a shareholder under section 11(d)(21) 
of the Federal Deposit Insurance Act, as added by this 
Act, shall apply in the same manner and to the same ex-
tent to— 
(1) a shareholder of a savings association for 
which the Office of Thrift Supervision appointed a 
conservator or receiver; and 
(2) a shareholder of a savings and loan holding 
company on behalf of such holding company with re-
spect to a savings association for which the Office 
appointed a conservator or receiver. 
(c) SPECIAL RULES.— 
(1) STATUTE
OF
LIMITATIONS
FOR
CLAIMS 
ARISING FROM ACTIONS PRIOR TO THIS ACT.—The 
statute of limitations for a claim filed under this 
Act, or an amendment made by this Act, with re-
spect to the appointment of a conservator or receiver 
for a covered institution or savings association oc-
curring prior to the date of enactment of this Act 
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shall be 90 days beginning on such date of enact-
ment. 
(2) PRIOR CLAIMS.—A shareholder shall not be 
precluded from filing a claim under this Act, or an 
amendment made by this Act, if a claim with respect 
to the same conservatorship or receivership has been 
previously adjudicated before a court of competent 
jurisdiction. 
(3) UNITED
STATES
COURT
OF
FEDERAL 
CLAIMS.—A shareholder may seek review of a denial 
by the Federal Deposit Insurance Corporation of a 
claim filed under this Act in the United States Court 
of Federal Claims. 
(d) DEFINITIONS.—In this section: 
(1) COVERED
INSTITUTION.—The term ‘‘cov-
ered institution’’ has the meaning given that term in 
section 11(d)(21) of the Federal Deposit Insurance 
Act (as added by this Act). 
(2) SAVINGS ASSOCIATION.—The term ‘‘savings 
association’’ has the meaning given that term in sec-
tion 3 of the Federal Deposit Insurance Act (12 
U.S.C. 1813). 
(3) SAVINGS AND LOAN HOLDING COMPANY.— 
The term ‘‘savings and loan holding company’’ has 
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the meaning given that term in section 10 of the 
Home Owners’ Loan Act (12 U.S.C. 1467a). 
Æ 
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