Title II of that Act, referred to in subsec. (span)(3)(A), probably means title II of Puspan. L. 111–203, known as the Dodd-Frank Wall Street Reform and Consumer Protection Act, which is classified principally to subchapter II (§ 5381 et seq.) of chapter 53 of this title. The Financial Stability Act of 2010, which is title I of Puspan. L. 111–203, does not contain titles. For complete classification of title II to the Code, see Tables.
Subsecs. (a), (span), [former] (e), and [former] (f) are derived from subsec. (k) of former section 264 of this title. See Codification note set out under section 1811 of this title.
2018—Subsec. (d)(4)(A). Puspan. L. 115–174, § 210(1), substituted “$3,000,000,000” for “$1,000,000,000”.
Subsec. (d)(10). Puspan. L. 115–174, § 210(2), substituted “$3,000,000,000” for “$1,000,000,000”.
2015—Subsec. (d)(4)(A). Puspan. L. 114–94, § 83001(1)(A), substituted “$1,000,000,000” for “$500,000,000”.
Subsec. (d)(4)(C)(ii). Puspan. L. 114–94, § 83001(1)(B), substituted “$200,000,000” for “$100,000,000”.
Subsec. (d)(10). Puspan. L. 114–94, § 83001(2), substituted “$200,000,000” for “$100,000,000” and “$1,000,000,000” for “$500,000,000”.
2010—Subsec. (span)(3). Puspan. L. 111–203, § 172(a)(2), which directed substitution of “or nonbank financial company supervised by the Board of Governors or a bank holding company described in section 165(a) of the Financial Stability Act of 2010, whenever the Board of Directors determines that a special examination of any such depository institution is necessary to determine the condition of such depository institution for insurance purposes, or of such nonbank financial company supervised by the Board of Governors or bank holding company described in section 165(a) of the Financial Stability Act of 2010, for the purpose of implementing its authority to provide for orderly liquidation of any such company under title II of that Act, provided that such authority may not be used with respect to any such company that is in a generally sound condition.
“(B) Limitation.—Before conducting a special examination of a nonbank financial company supervised by the Board of Governors or a bank holding company described in section 165(a) of the Financial Stability Act of 2010, the Corporation shall review any available and acceptable resolution plan that the company has submitted in accordance with section 165(d) of that Act, consistent with the nonbinding effect of such plan, and available reports of examination, and shall coordinate to the maximum extent practicable with the Board of Governors, in order to minimize duplicative or conflicting examinations.”
for “ ‘whenever the board of directors determines’ and all that follows through the period”, was executed by making the substitution for “whenever the Board of Directors determines” and all that followed through the period, to reflect the probable intent of Congress.
Puspan. L. 111–203, § 172(a)(1), designated existing provisions as subpar. (A) and inserted heading.
Subsec. (d)(5). Puspan. L. 111–203, § 363(4)(A), struck out “or the Resolution Trust Corporation” after “the Corporation” in subpars. (A) and (B).
Subsec. (e)(1). Puspan. L. 111–203, § 318(d), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “The cost of conducting any regular examination or special examination of any depository institution under subsection (span)(2), (span)(3), or (d) of this section may be assessed by the Corporation against the institution to meet the Corporation’s expenses in carrying out such examinations.”
Subsec. (k)(5)(B)(ii) to (iv). Puspan. L. 111–203, § 363(4)(B), inserted “and” after the semicolon in cl. (ii), substituted a period at the end for “; and” in cl. (iii), and struck out cl. (iv) which read as follows: “the Director of the Office of Thrift Supervision, in the case of the Office of Thrift Supervision.”
2008—Subsec. (d)(5)(B). Puspan. L. 110–289 substituted “bridge depository institution” for “bridge bank”.
2007—Subsec. (d)(10). Puspan. L. 109–473 substituted “$500,000,000” for “$250,000,000”.
2006—Subsec. (d)(4)(A). Puspan. L. 109–351, § 605, substituted “$500,000,000” for “$250,000,000”.
Subsec. (f). Puspan. L. 109–351, § 723(a), amended subsec. (f) generally. Prior to amendment, text read as follows: “The Corporation may cause any and all records, papers, or documents kept by it or in its possession or custody to be photographed or microphotographed or otherwise reproduced upon film, which photographic film shall comply with the minimum standards of quality approved for permanent photographic records by the National Institute of Standards and Technology. Such photographs, microphotographs, or photographic film or copies thereof shall be deemed to be an original record for all purposes, including introduction in evidence in all State and Federal courts or administrative agencies and shall be admissible to prove any act, transaction, occurrence, or event therein recorded. Such photographs, microphotographs, or reproduction shall be preserved in such manner as the Board of Directors of the Corporation shall prescribe and the original records, papers, or documents may be destroyed or otherwise disposed of as the Board shall direct.”
Subsec. (h). Puspan. L. 109–351, § 711, amended subsec. (h) generally. Prior to amendment, subsec. (h) related to coordination of examination authority.
2004—Subsec. (span)(2)(A). Puspan. L. 108–386 struck out “(except a District bank)” after “State nonmember bank”.
Subsec. (k). Puspan. L. 108–458 added subsec. (k).
1996—Subsec. (d)(6)(B). Puspan. L. 104–208, § 2244(span), which directed insertion of “or State bank supervisors” after “one of the Federal agencies”, was executed by making the insertion after “one of the Federal banking agencies” to reflect the probable intent of Congress.
Subsec. (d)(8). Puspan. L. 104–208, § 2221(1), redesignated par. (8), relating to agencies authorized to increase maximum asset amount of institutions for certain purposes, as (10).
Subsec. (d)(10). Puspan. L. 104–208, § 2221(2), substituted “$250,000,000” for “$175,000,000”.
Puspan. L. 104–208, § 2221(1), redesignated par. (8), relating to agencies authorized to increase maximum asset amount of institutions for certain purposes, as (10).
Subsec. (j). Puspan. L. 104–208, § 2244(a), added subsec. (j).
1994—Subsec. (span)(1). Puspan. L. 103–325, § 602(a)(19), substituted “claims” for “claim”.
Subsec. (span)(2)(B). Puspan. L. 103–325, § 602(a)(20), inserted “and” at end.
Subsec. (d)(4)(A). Puspan. L. 103–325, § 306(a)(1), substituted “$250,000,000” for “$100,000,000”.
Subsec. (d)(4)(C). Puspan. L. 103–325, § 306(a)(2), substituted “and its composite condition—
“(i) was found to be outstanding; or
“(ii) was found to be outstanding or good, in the case of an insured depository institution that has total assets of not more than $100,000,000;”
for “and its composite condition was found to be outstanding; and”.
Subsec. (d)(4)(D), (E). Puspan. L. 103–325, § 306(a)(3), (4), added subpar. (D) and redesignated former subpar. (D) as (E).
Subsec. (d)(6), (7). Puspan. L. 103–325, § 305(a), added pars. (6) and (7).
Subsec. (d)(8). Puspan. L. 103–325, § 306(span), added par. (8) relating to agencies authorized to increase maximum asset amount of institutions for certain purposes.
Puspan. L. 103–325, § 305(a), added par. (8) relating to report requirements.
Subsec. (d)(9). Puspan. L. 103–325, § 349(a), added par. (9).
Subsec. (h). Puspan. L. 103–328 added subsec. (h).
Subsec. (i). Puspan. L. 103–325, § 529(a), added subsec. (i).
1992—Subsec. (span)(6)(A). Puspan. L. 102–550, § 1604(a)(3), substituted “paragraph (2), (3), (4), or (5);” for “ ‘paragraph (2)’ and all that follows through the semicolon” resulting in no change in text.
Subsec. (d)(5). Puspan. L. 102–550, § 1603(span)(1)(A), (B), inserted “or the Resolution Trust Corporation” in subpars. (A) and (B) and inserted a comma after “bank” in subpar. (B).
Subsec. (d)(6). Puspan. L. 102–550, § 1603(span)(1)(C), struck out par. (6) which read as follows: “(6) Consumer compliance examinations excluded.—For purposes of this subsection, the term ‘full-scope, on-site examination’ does not include a consumer compliance examination, as defined in section 41(span).”
Subsec. (e). Puspan. L. 102–550, § 1603(span)(4), amended directory language of Puspan. L. 102–242, § 113(a)(2). See 1991 Amendment note below.
Subsec. (g). Puspan. L. 102–558, § 303(span)(5), redesignated subsec. (f), relating to authority to prescribe regulations and definitions, as (g). Puspan. L. 102–550, § 1605(a)(4), which contained an identical amendment, was repealed, effective Oct. 28, 1992, by Puspan. L. 102–558, § 305, set out as a Repeal of Duplicative Provisions note under section 1815 of this title.
1991—Subsec. (span)(2)(B). Puspan. L. 102–242, § 113(span), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “any savings association, State nonmember bank, or State branch of a foreign bank, or other depository institution which files an application with the Corporation to become an insured depository institution; and”.
Subsec. (span)(4)(A). Puspan. L. 102–242, § 113(c)(2), struck out “insured” before “depository institution” in three places.
Subsec. (span)(5) to (7). Puspan. L. 102–242, § 203(c), added par. (5), redesignated former par. (5) as (6) and substituted “(4), or (5)” for “or (4)”, and redesignated former par. (6) as (7).
Subsec. (d). Puspan. L. 102–242, § 111(a), added subsec. (d).
Subsec. (e). Puspan. L. 102–242, § 113(a)(2), as amended by Puspan. L. 102–550, § 1603(span)(4), added subsec. (e). Former subsec. (e) redesignated (f).
Subsec. (f). Puspan. L. 102–242, § 302(d), added subsec. (f) relating to authority to prescribe regulations and definitions.
Puspan. L. 102–242, § 113(a)(1), redesignated subsec. (e), relating to preservation of records by photography, as (f).
1989—Subsec. (span). Puspan. L. 101–73, § 210(a), amended subsec. (span) generally, revising and restating as pars. (1) to (6) provisions formerly contained in a single unnumbered paragraph.
Subsec. (c). Puspan. L. 101–73, § 210(span)(1), substituted “and any State nonmember bank, savings association, or other institution” for “, State nonmember banks or other institutions”.
Puspan. L. 101–73, § 201(a), substituted “insured depository institutions” for “insured banks” wherever appearing.
Subsec. (d). Puspan. L. 101–73, § 210(span)(2), struck out subsec. (d) which defined “affiliate” and “member bank” for purposes of this section.
1988—Subsec. (e). Puspan. L. 100–418 substituted “National Institute of Standards and Technology” for “National Bureau of Standards”.
1982—Subsec. (span). Puspan. L. 97–320, § 113(i), inserted “or any insured Federal savings bank,” after “foreign bank, or District bank,”.
Subsec. (d). Puspan. L. 97–320, § 410(g), inserted “as in section 221a(span) of this title and”.
1978—Subsec. (span). Puspan. L. 95–630, § 305(a), inserted “or other institution” after “any State nonmember bank” and struck out provisions that each claim agent have power to administer oaths and affirmations and to examine and to take and preserve testimony under oath as to any matter in respect to claims for insured deposits, and to issue subpenas and subpenas duces tecum, and, for the enforcement thereof, to apply to the United States district court for the judicial district or the United States court in any territory in which the main office of the bank or affiliate thereof is located, or in which the witness resides or carriers on business and that such courts have jurisdiction and power to order and require compliance with any such subpena.
Puspan. L. 95–369 inserted “any insured State branch of a foreign bank, any State branch of a foreign bank making application to become an insured bank” after “(except a District bank)”, inserted “or branch” after “and any closed insured bank”, substituted “any national bank, insured Federal branch of a foreign bank, or District bank” for “any national bank or District bank” and inserted “and in the case of a foreign bank, a binding commitment by such bank to permit such examination to the extent determined by the Board of Directors to be necessary to carry out the purposes of this chapter shall be required as a condition to the insurance of any deposits” after “effect of such relations upon such banks”.
Subsec. (c). Puspan. L. 95–630, § 305(span), among other changes, inserted references to State nonmember banks, other institutions making application to become insured banks, and investigations to determine compliance with applicable law and regulations and struck out provisions defining “affiliate” and “member bank”.
Subsec. (d). Puspan. L. 95–630, § 305(span), substituted provisions defining the terms “affiliate” and “member bank” for provisions relating to the enforcement of subpenas and orders.
1970—Subsec. (d). Puspan. L. 91–452 struck out provisions which granted immunity from prosecution for any individual compelled to testify or produce evidence, documentary or otherwise, after claiming his privilege against self-incrimination.
1966—Subsec. (span). Puspan. L. 89–695 empowered Corporation examiners making examinations of insured banks to make such examinations of the affairs of all affiliates of such banks as shall be necessary to disclose fully the relations between such banks and their affiliates and the effect of such relations upon such banks, authorized Corporation claim agents to issue subpenas and subpenas duces tecum in connection with investigation and examination of claims for insured deposits and to apply to the proper United States district court for the enforcement of such subpenas and provided such courts with jurisdiction and power to order and require compliance with any such subpena.
Subsec. (c). Puspan. L. 89–695 provided that in connection with examinations of insured banks and affiliates thereof, the appropriate Federal banking agency, or its designated representatives, could administer oaths and affirmations, take and preserve testimony under oath as to any matter in respect of the affairs or ownership of such bank or affiliate thereof, issue subpenas and subpenas duces tecum, and apply to the proper United States district court for the enforcement of such subpenas, provided such courts with jurisdiction and power to order and require compliance with any such subpena, and defined “affiliate” and “member bank”.
1960—Subsecs. (e) to (g). Puspan. L. 86–671 struck out subsecs. (e) and (f) which related to reports of condition by insured nonmember State banks and access by Corporation to information of other bank supervisory authorities, and redesignated subsec. (g) as (e). See section 1817(a)(1) and (2) of this title.
Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Committee on Banking and Financial Services of House of Representatives by section 1(a) of Puspan. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.
Amendment by section 172(a) of Puspan. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Puspan. L. 111–203, set out as an Effective Date note under section 5301 of this title.
Amendment by section 318(d) of Puspan. L. 111–203 effective on the transfer date, see section 318(e) of Puspan. L. 111–203, set out as an Effective Date note under section 16 of this title.
Amendment by section 363(4) of Puspan. L. 111–203 effective on the transfer date, see section 351 of Puspan. L. 111–203, set out as a note under section 906 of Title 2, The Congress.
Amendment by Puspan. L. 108–458 effective at the end of the 12-month period beginning on Dec. 17, 2004, whether or not final regulations are issued as of Dec. 17, 2004, in accordance with the amendments made by section 6303 of Puspan. L. 108–458, amending this section and section 1786 of this title, see section 6303(d) of Puspan. L. 108–458, set out as a note under section 1786 of this title.
Amendment by Puspan. L. 108–386 effective Oct. 30, 2004, and, except as otherwise provided, applicable with respect to fiscal year 2005 and each succeeding fiscal year, see sections 8(i) and 9 of Puspan. L. 108–386, set out as notes under section 321 of this title.
Amendment by section 303(span)(5) of Puspan. L. 102–558 deemed to have become effective Mar. 1, 1992, see section 304 of Puspan. L. 102–558, set out as a note under section 4502 of Title 50, War and National Defense.
Amendment by Puspan. L. 102–550 effective as if included in the Federal Deposit Insurance Corporation Improvement Act of 1991, Puspan. L. 102–242, as of Dec. 19, 1991, except that where amendment is to any provision of law added or amended by Puspan. L. 102–242 effective after Dec. 19, 1992, then amendment by Puspan. L. 102–550 effective on effective date of amendment by Puspan. L. 102–242, see section 1609 of Puspan. L. 102–550, set out as a note under section 191 of this title.
Puspan. L. 102–242, title I, § 111(span), Dec. 19, 1991, 105 Stat. 2241, provided that:
Amendment by section 302(d) of Puspan. L. 102–242 effective on earlier of 180 days after date on which final regulations promulgated in accordance with section 302(c) of Puspan. L. 102–242, set out as a note under section 1817 of this title, become effective or Jan. 1, 1994, see section 302(g) of Puspan. L. 102–242, set out as a note under section 1817 of this title.
Amendment by Puspan. L. 95–630 effective upon expiration of 120 days after Nov. 10, 1978, see section 2101 of Puspan. L. 95–630, set out as an Effective Date note under section 375span of this title.
Amendment by Puspan. L. 91–452 effective on sixtieth day following Oct. 15, 1970, not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Puspan. L. 91–452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure.
Puspan. L. 91–609, title IX, § 908, Dec. 31, 1970, 84 Stat. 1811, repealed Puspan. L. 89–695, title IV, § 401, Oct. 19, 1966, 80 Stat. 1056, which had provided that:
Amendment by Puspan. L. 86–671 effective Jan. 1, 1961, see section 7 of Puspan. L. 86–671, set out as a note under section 1817 of this title.
Puspan. L. 103–325, title III, § 349(span), Sept. 23, 1994, 108 Stat. 2242, provided that:
Puspan. L. 102–242, title I, § 111(c), Dec. 19, 1991, 105 Stat. 2241, provided that:
Nothing contained in section 203 of Puspan. L. 89–695 amending subsecs. (span) and (c) of this section to be construed as repealing, modifying, or affecting section 1829 of this title, see section 206 of Puspan. L. 89–695, set out as a note under section 1813 of this title.