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108 STAT. 2338 PUBLIC LAW 103-328—SEPT. 29, 1994 Public Law 103-328 103d Congress An Act Sept. 29, 1994 [H.R. 3841] Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994. 12 u s e 1811 note. To amend the Bank Holding Company Act of 1956, the Revised Statutes of the United States, and the Federal Deposit Insurance Act to provide for interstate banking and branching. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as the "Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994". (b) TABLE OF CoNTE^^^s.—The table of contents for this Act is as follows: TITLE I—INTERSTATE BANKING AND BRANCHING Sec. 101. Interstate banking. Sec. 102. Interstate bank mergers. Sec. 103. State "opt-in" election to permit interstate branching through de novo branches. Sec. 104. Branching by foreign banks. Sec. 105. Coordination of examination authority. Sec. 106. Branch closures. Sec. 107. Equalizing competitive opportunities for United States and foreign banks. Sec. 108. Federal Reserve Board study on bank fees. Sec. 109. Prohibition against deposit production offices. Sec. 110. Community Reinvestment Act evaluation of banks with interstate branches. Sec. 111. Restatement of existing law. Sec. 112. GAO report on data collection under interstate branching. Sec. 113. Maximum interest rate on certain FMHA loans. Sec. 114. Notice requirements for banking agency decisions preempting State law. Sec. 115. Moratorium on examination fees under the International Banking Act of 1978. TITLE II—GENERAL PROVISIONS Sec. 201. Amendments to Federal Deposit Insurance Act and Federal Home Loan Bank Act. Sec. 202, Sense of the Senate concerning multilateral export controls. Sec. 203. Amendments relating to silver medals for Persian Gulf veterans. Sec. 204, Commemoration of 1995 Special Olympic World Games. Sec. 205, National Community Service Commemorative Coins. Sec. 206. Robert F. Kennedy Memorial Commemorative Coins. Sec. 207, United States Military Academy Bicentennial Commemorative Coins. Sec. 208. United States Botanic Garden Commemorative Coins. Sec. 209. Mount Rushmore Commemorative Coins. Sec. 210. Study and report on the United States financial services system. Sec. 21L Flexibility in choosing boards of directors. PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2339 TITLE I—INTERSTATE BANKING AND BRANCHING SEC. 101. INTERSTATE BANKING. (a) IN GENERAL.—Section 3(d) of the Bank Holding Company Act of 1956 (12 U.S.C. 1842(d)) is amended to read as follows: "(d) INTERSTATE BANKING.— "(1) APPROVALS AUTHORIZED.— "(A) ACQUISITION OF BANKS.—The Board may approve an application under this section by a bank holding company that is adequately capitalized and adequately managed to acquire control of, or acquire all or substantially all of the assets of, a bank located in a State other than the home State of such bank holding company, without regard to whether such transaction is pronibited under the law of any State. "(B) PRESERVATION OF STATE AGE LAWS.— "(i) I N GENERAL.—^Notwithstanding subparagraph (A), the Board may not approve an application pursuant to such subparagraph that would have the effect of permitting an out-of-State bank holding company to acquire a bank in a host State that has not been in existence for the minimum period of time, if any, specified in the statutory law of the host State. "(ii) SPECIAL RULE FOR STATE AGE LAWS SPECIFYING A PERIOD OF MORE THAN 5 YEARS.—^Notwithstanding clause (i), the Board may approve, pursuant to subparagraph (A), the acquisition of a bank that has been in existence for at least 5 years without regard to any longer minimum period of time specified in a statutory law of the host State. "(C) SHELL BANKS.—For purposes of this subsection, a bank that has been chartered solely for the purpose of, and does not open for business prior to, acquiring control of, or acquiring all or substantially all of the assets of, an existing bank shall be deemed to have been in existence for the same period of time as the bank to be acquired. "(D) EFFECT ON STATE CONTINGENCY LAWS.—No provi- sion of this subsection shall be construed as affecting the applicability of a State law that makes an acquisition of a bank contingent upon a requirement to hold a portion of such bank's assets available for call by a State-sponsored housing entity established pursuant to State law, if— "(i) the State law does not have the effect of discriminating against out-of-State banks, out-of-State bank holding companies, or subsidiaries of such banks or bank holding companies; "(ii) that State law was in effect as of the date of enactment of the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994; "(iii) the Federal Deposit Insurance Corporation has not determined that compliance with such State law would result in an unacceptable risk to the appropriate deposit insurance fund; and "(iv) the appropriate Federal banking agency for such bank has not found that compliance with such 108 STAT. 2340 PUBLIC LAW 103-328—SEPT. 29, 1994 State law would place the bank in an unsafe or unsound condition. "(2) CONCENTRATION LIMITS.— "(A) NATIONWIDE CONCENTRATION LiMiTS.^The Board may not approve an application pursuant to paragraph (1)(A) if the applicant (including all insured depository institutions which are affiliates of the applicant) controls, or upon consummation of the acquisition for which such application is filed would control, more than 10 percent of the total amount of deposits of insured depository institutions in the United States. "(B) STATEWIDE CONCENTRATION LIMITS OTHER THAN WITH RESPECT TO INITIAL ENTRIES.—The Board may not approve an application pursuant to paragraph (1)(A) if— "(i) immediately before the consummation of the acquisition for which such application is filed, the am)licant (including any insured depository institution affiliate of the applicant) controls any insured depository institution or any branch of an insured depository institution in the home State of any bank to be acquired or in any host State in which any such bank maintains a branch; and "(ii) the applicant (including all insured depository institutions which are affiliates of the applicant), upon consummation of the acquisition, would control 30 percent or more of the total amount of deposits of insured depository institutions in any such State. "(C) EFFECTIVENESS OF STATE DEPOSIT CAPS.—^No provision of this subsection shall be construed as affecting the authority of any State to limit, by statute, regulation, or order, the percentage of the total amount of deposits of insured depository institutions in the State which may be held or controlled by any bank or bank holding compsmy (including all insured depository institutions which are affiliates of the bank or bank holding company) to the extent the application of such limitation does not discriminate against out-of-State banks, out-of-State bank holding companies, or subsidiaries of such banks or holding companies. "(D) EXCEPTIONS TO SUBPARAGRAPH (B).—The Board may approve an application pursuant to paragraph (1)(A) without regard to the applicability of subparagraph (B) with respect to any State if— "(i) there is a limitation described in subparagraph (C) in a State statute, regulation, or order which has the effect of permitting a bank or bank holding company (including all insured depository institutions which are affiliates of the bank or bank holding company) to control a greater percentage of total deposits of all insured depository institutions in the State than the percentage permitted under subparagraph (B); or "(ii) the acquisition is approved by the appropriate State bank supervisor of such State and the standard on which such approval is based does not have the effect of discriminating against out-of-State banks, outof-State bank holding companies, or subsidiaries of such banks or holding companies. y<«|tMK#r'^ PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2341 "(E) DEPOSIT DEFINED.—For purposes of this paragraph, the term 'deposit' has the same meaning as in section 3(1) of the Federal Deposit Insurance Act. "(3) COMMUMTY REINVESTMENT COMPLIANCE.—In determining whether to approve an application under paragraph (1)(A), the Board shall— "(A) comply with the responsibilities of the Board regarding such application under section 804 of the Community Reinvestment Act of 1977; and "(B) take into account the applicant's record of compliance with applicable State community reinvestment laws. "(4) APPLICABILITY OF ANTITRUST LAWS.—No provision of this subsection shall be construed as affecting— "(A) the applicability of the antitrust laws; or "(B) the applicability, if any, of any State law which is similar to the antitrust laws. "(5) EXCEPTION FOR BANKS IN DEFAULT OR IN DANGER OF DEFAULT.—^The Board may approve an application pursuant to paragraph (1)(A) which involves— "(A) an acquisition of 1 or more banks in default or in danger of default; or "(B) an acquisition with respect to which assistance is provided under section 13(c) of the Federal Deposit Insurance Act; without regard to subparagraph (B) or (D) of paragraph (1) or paragraph (2) or (3).". (b) STATE TAXATION AUTHORITY N O T AFFECTED.—Section 7 of the Bank Holding Company Act of 1956 (12 U.S.C. 1846) is amended— (1) by striking "No provision" and inserting "(a) IN GENERAL.—^No provision"; and (2) by adding at the end the following new subsection: "(b) STATE TAXATION AUTHORITY N O T AFFECTED.—^No provision of this Act shall be construed as aifecting the authority of any State or political subdivision of any State to adopt, apply, or administer any tax or method of taxation to any bank, bank holding company, or foreign bank, or any affiliate of any bank, bank holding company, or foreign bank, to the extent that such tax or tax method is otherwise permissible by or under the Constitution of the United States or other Federal law.". (c) DEFINITIONS.—Section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841) is amended by adding at the end the following new subsections: "(n) INCORPORATED DEFINITIONS.—For purposes of this Act, the terms 'insured depository institution', 'appropriate Federal banking agency', 'default', 'in danger of default', and 'State bank supervisor' have the same meanings as in section 3 of the Federal Deposit Insurance Act. "(o) OTHER DEFINITIONS.—For purposes of this Act, the following definitions shall apply: "(1) ADEQUATELY CAPITALIZED.—^The term 'adequately capitalized' means a level of capitalization which meets or exceeds all applicable Federal regulatory capital standards. "(2) ANTITRUST LAWS.—Except as provided in section 11, the term 'antitrust laws'— "(A) has the same meaning as in subsection (a) of the first section of the Clajrton Act; and 108 STAT. 2342 PUBLIC LAW 103-328—SEPT. 29, 1994 "(B) includes section 5 of the Federal Trade Commission Act to the extent that such section 5 relates to unfair methods of competition. "(3) BRANCH.—The term 'branch' means a domestic branch (as defined in section 3 of the Federal Deposit Insurance Act). "(4) HOME STATE.—The term 'home State' means— "(A) with respect to a national bank, the State in which the main office of the bank is located; "(B) with respect to a State bank, the State by which the bank is chartered; and "(C) with respect to a bank holding company, the State in which the total deposits of all banking subsidiaries of such company are the largest on the later of— "(i) July 1, 1966; or "(ii) the date on which the company becomes a bank holding company under this Act. "(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 maintain, a branch; and "(B) with respect to a bank holding company, a State, other than the home State of the company, in which the company controls, or seeks to control, a bank subsidiary. "(6) OUT-OF-STATE BANK.—The term 'out-of-State bank' means, with respect to any State, a bank whose home State is another State. "(7) OUT-OF-STATE BANK HOLDING COMPANY.—^The term 'out-of-State bank holding company' means, with respect to any State, a bank holding company whose home State is another State.". (d) SUBSIDIARY DEPOSITORY INSTITUTIONS AS AGENTS.—Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following new subsection: "(r) SUBSIDIARY DEPOSITORY INSTITUTIONS AS AGENTS FOR CERTAIN AFFILIATES.— "(1) I N GENERAL.—^Any bank subsidiary of a bank holding company may receive deposits, renew time deposits, close loans, service loans, and receive pa5niients on loans and other obligations as an agent for a depository institution affiliate. "(2) BANK ACTING AS AGENT IS NOT A BRANCH.—Notwith- standing any other provision of law, a bank acting as an agent in accordance with paragraph (1) for a depository institution affiliate shall not be considered to be a branch of the affiliate. "(3) PROHIBITIONS ON ACTIVITIES.—A depository institution may not— "(A) conduct any activity as an agent under paragraph (1) or (6) which such institution is prohibited from conducting as a principal under any applicable Federal or State law; or "(B) as a principal, have an agent conduct any activity under paragraph (1) or (6) which the institution is prohibited from conducting under any applicable Federal or State law. "(4) EXISTING AUTHORITY NOT AFFECTED.—^No provision of this subsection shall be construed as affecting— PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2343 "(A) the authority of any depository institution to act as an agent on behalf of any other depository institution under any other provision of law; or "(B) whether a depository institution which conducts any activity as an agent on behalf of any other depository institution under any other provision of law shall be considered to be a branch of such other institution. "(5) AGENCY RELATIONSHIP REQUIRED TO BE CONSISTENT WITH SAFE AND SOUND BANKING PRACTICES.—An agency relationship between depository institutions under paragraph (1) or (6) shall be on terms that are consistent with safe and sound banking practices and all applicable regulations of any appropriate Federal banking agency. "(6) AFFILIATED INSURED SAVINGS ASSOCIATIONS.—An insured savings association which was an affiliate of a bank on July 1, 1994, may conduct activities as Ein agent on behalf of such bank in the same manner as an insured bank affiliate of such bank may act as agent for such bank under this subsection to the extent such activities are conducted only in— "(A) any State in which— "(i) the bank is not prohibited from operating a branch under any provision of Federal or State law; and "(ii) the savings sissociation maintained an office or branch and conducted business as of July 1, 1994; or "(B) any State in which— "(i) the bank is not expressly prohibited from operating a branch under a State law described in section 44(a)(2); and "(ii) the savings association maintained a main office and conducted business as of July 1, 1994.". (e) EFFECTIVE DATE.^The amendments made by this section 12 use 1828 shall take effect at the end of the 1-year period beginning on ^°^the date of the enactment of this Act. SEC. 102. INTERSTATE BANK MERGERS. (a) IN GENERAL.—The Federal Deposit Insurance \ct (12 U.S.C. 1811 et seq.) is amended by adding at the end the following new section: "SEC. 44. INTERSTATE BANK MERGERS. 12 USC 1831u. "(a) APPROVAL OF INTERSTATE MERGER TRANSACTIONS AUTHORIZED.— "(1) IN GENERAL.—Beginning on June 1, 1997, the responsible agency may approve a merger transaction under section 18(c) between insured banks with different home States, without regard to whether such transaction is prohibited under the law of any State. "(2) STATE ELECTION TO PROHIBIT INTERSTATE MERGER TRANSACTIONS.— "(A) I N GENERAL.—Notwithstanding paragraph (1), a merger transaction may not be approved pursuant to paragraph (1) if the transaction involves a bank the home State of which has enacted a law after the date of enactment of the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 and before June 1, 1997, that— "(i) applies equally to all out-of-State banks; and 108 STAT. 2344 PUBLIC LAW 103-328—SEPT. 29, 1994 "(ii) expressly prohibits merger transactions involving out-of-State banks. "(B) No EFFECT ON PRIOR APPROVALS OF MERGER TRANSACTIONS.—^A law enacted by a State pursuant to subparagraph (A) shall have no effect on merger transactions that were approved before the effective date of such law. "(3) STATE ELECTION TO PERMIT EARLY INTERSTATE MERGER TRANSACTIONS.— "(A) IN GENERAL.—A merger transaction may be approved pursuant to paragraph (1) before June 1, 1997, if the home State of each bank involved in the transaction has in effect, as of the date of the approval of such transaction, a law that— "(i) applies equally to all out-of-State banks; and "(ii) expressly permits interstate merger transactions with all out-of-State banks. "(B) CERTAIN CONDITIONS ALLOWED.—A host State may impose conditions on a branch within such State of a bank resulting from an interstate merger transaction if— "(i) the conditions do not have the effect of discriminating against out-of-State banks, out-of-State bank holding companies, or any subsidiary of such bank or company (other than on the basis of a nationwide reciprocal treatment requirement); "(ii) the imposition of the conditions is not preempted by Federal law; and "(iii) the conditions do not apply or require performance after May 31, 1997. "(4) INTERSTATE MERGER TRANSACTIONS INVOLVING ACQUISI- TIONS OF BRANCHES.— "(A) IN GENERAL.—^An interstate merger transaction may involve the acquisition of a branch of an insured bank without the acquisition of the bank only if the law of the State in which the branch is located permits outof-State banks to acquire a branch of a bank in such State without acquiring the bank. "(B) TREATMENT OF BRANCH FOR PURPOSES OF THIS SECTION.—In the case of an interstate merger transaction which involves the acquisition of a branch of an insured bank without the acquisition of the bank, the branch shall be treated, for purposes of this section, as an insured bank the home State of which is the State in which the branch is located. "(5) PRESERVATION OF STATE AGE LAWS.— "(A) IN GENERAL.—^The responsible agency may not approve an application pursuant to paragraph (1) that would have the effect of permitting an out-of-State bank or out-of-State bank holding company to acquire a bank in a host State that has not been in existence for the minimum period of time, if any, specified in the statutory law of the host State. "(B) SPECIAL RULE FOR STATE AGE LAWS SPECIFYING A PERIOD OF MORE THAN 5 YEARS.—Notwithstanding subparagraph (A), the responsible agency may approve a merger transaction pursuant to paragraph (1) involving the acquisition of a bank that has been in existence at PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2345 least 5 years without regard to any longer minimum period of time specified in a statutory law of the host State. "(6) SHELL BANKS.—^For purposes of this subsection, a bank that has been chartered solely for the purpose of, and does not open for business prior to, acquiring control of, or acquiring all or substantisdly all of the assets of, an existing bank or branch shall be deemed to have been in existence for the same period of time as the bank or branch to be acquired. "(b) PROVISIONS RELATING TO APPLICATION AND APPROVAL PROCESS.— "(1) COMPLIANCE WITH STATE FILING REQUIREMENTS.— "(A) IN GENERAL.—^Any bank which files an application for an interstate merger transaction shall— "(i) comply with the filing requirements of any host State of the bank which will result from such transaction to the extent that the requirement— "(I) does not have the effect of discriminating against out-of-State banks or out-of-State bank holding companies or subsidiaries of such banks or bank holding companies; and "(II) is similar in effect to £my requirement imposed by the host State on a nonbanking corporation incorporated in another State that engages in business in the host State; and "(ii) submit a copy of the application to the State bank supervisor of the host State. "(B) PENALTY FOR FAILURE TO COMPLY.—^The respon- sible agency may not approve an application for an interstate merger transaction if the applicfint materially fails to comply with subparagraph (A). "(2) CONCENTRATION LIMITS.— "(A) NATIONWIDE CONCENTRATION LIMITS.—The respon- sible agency may not approve an application for an interstate merger transaction if the resulting bank (including all insured depository institutions which are affiliates of the resulting bank), upon consummation of the transaction, would control more than 10 percent of the total amount of deposits of insured depository institutions in the United States. "(B) STATEWIDE CONCENTRATION LIMITS OTHER THAN WITH RESPECT TO INITIAL ENTRIES.—^The responsible agency may not approve an application for an interstate merger transaction if— "(i) any bank involved in the transaction (including all insured depository institutions which are Eiffiliates of any such bank) has a branch in any State in which any other bank involved in the transaction has a branch; and "(ii) the resulting bank (including all insured depository institutions which would be gmfiliates of the resulting bank), upon consummation of the transaction, would control 30 percent or more of the total amount of deposits of insured depository institutions in any such State. "(C) EFFECTIVENESS OF STATE DEPOSIT CAPS.—^No provision of this subsection shall be construed as affecting the authority of any State to limit, by statute, regulation, or 108 STAT. 2346 PUBLIC LAW 103-328—SEPT. 29, 1994 order, the percentage of the total amount of deposits of insured depository institutions in the State which may be held or controlled by any bank or bank holding company (including all insured depository institutions which are affiliates of the bank or bank holding company) to the extent the application of such limitation does not discriminate against out-of-State banks, out-of-State bank holding companies, or subsidiaries of such banks or holding companies. "(D) EXCEPTIONS TO SUBPARAGRAPH (B).—The respon- sible agency may approve an application for an interstate merger transaction pursuant to subsection (a) without regard to the applicability of subparagraph (B) with respect to any State if— "(i) there is a limitation described in subparagraph (C) in a State statute, regulation, or order which has the effect of permitting a bank or bank holding company (including all insured depository institutions which are affiliates of the bank or bank holding company) to control a greater percentage of total deposits of all insured depository institutions in the State than the percentage permitted under subparagraph (B); or "(ii) the transaction is approved by the appropriate State bank supervisor of such State and the standard on which such approval is based does not have the effect of discriminating against out-of-State banks, outof-State bank holding companies, or subsidiaries of such banks or holding companies. "(E) EXCEPTION FOR CERTAIN BANKS.^This paragraph shall not apply with respect to any interstate merger transaction involving only affiliated banks. "(3) COMMUNITY REINVESTMENT COMPLIANCE.—In determin- ing whether to approve an application for an interstate merger transaction in which the resulting bank would have a branch or bank Eiffiliate immediately following the transaction in any State in which the bank submitting the application (as the acquiring bank) had no branch or bank siffiliate immediately before the transaction, the responsible agency shall— "(A) comply with the responsibilities of the agency regarding such application under section 804 of the Community Reinvestment Act of 1977; "(B) take into account the most recent written evaluation under section 804 of the Community Reinvestment Act of 1977 of any bank which would be an affiliate of the resulting bank; and "(C) take into account the record of compliance of any applicant bank with applicable State community reinvestment laws. "(4) ADEQUACY OF CAPITAL AND MANAGEMENT SKILLS.—^The responsible agency may approve an application for an interstate merger transaction pursuant to subsection (a) only if— "(A) each bank involved in the transaction is adequately capitalized as of the date the application is filed; and "(B) the responsible agency determines that the resulting bank will continue to be adequately capitalized and PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2347 adequately managed upon the consummation of the transaction. "(5) SURRENDER OF CHARTER AFTER MERGER TRANS- ACTION.—^The charters of all banks involved in an interstate merger transaction, other than the charter of the resulting bank, shall be surrendered, upon request, to the Federal banking agency or State bank supervisor which issued the charter. "(c) APPLICABILITY OF CERTAIN LAWS TO INTERSTATE BANKING OPERATIONS.— "(1) STATE TAXATION AUTHORITY NOT AFFECTED.— "(A) IN GENERAL,—^No provision of this section shall be construed as affecting the authority of any State or political subdivision of any State to adopt, apply, or administer any tax or method of taxation to any bank, bank holding company, or foreign bank, or any affiliate of any bank, bank holding company, or foreign bank, to the extent such tax or tax method is otherwise permissible by or under the Constitution of the United States or other Federal law. "(B) IMPOSITION OF SHARES TAX BY HOST STATES.— In the case of a branch of an out-of-State bank which results from an interstate merger transaction, a proportionate amount of the value of the shares of the out-ofState bank may be subject to any bank shares tax levied or imposed by the host State, or any political subdivision of such host State that imposes such tax based upon a method adopted by the host State, which may include allocation and apportionment. "(2) APPLICABILITY OF ANTITRUST LAWS.—^No provision of this section shall be construed as affecting— "(A) the applicability of the antitrust laws; or "(B) the applicability, if any, of any State law which is similar to the antitrust laws. "(3) RESERVATION OF CERTAIN RIGHTS TO STATES.—No provision of this section shall be construed as limiting in any way the right of a State to— "(A) determine the authority of State banks chartered by that State to establish and maintain branches; or "(B) supervise, regulate, and examine State banks chartered by that State. "(4) STATE-IMPOSED NOTICE REQUIREMENTS.—A host State may impose any notification or reporting requirement on a branch of an out-of-State bank if the requirement— "(A) does not discriminate against out-of-State banks or bank holding companies; and "(B) is not preempted by any Federal law regarding the same subject. "(d) OPERATIONS OF THE RESULTING BANK.— "(1) CONTINUED OPERATIONS.—A resulting bank may, subject to the approval of the appropriate Federal banking agency, retain and operate, as a main office or a branch, any office that any bank involved in an interstate merger transaction was operating as a main office or a branch immediately before the merger transaction. "(2) ADDITIONAL BRANCHES.—Following the consummation of any interstate merger transaction, the resulting bank may establish, acquire, or operate additional branches at any loca- 108 STAT. 2348 PUBLIC LAW 103-328—SEPT. 29, 1994 tion where any bank involved in the transaction could have established, acquired, or operated a branch under applicable Federal or State law if such bank had not been a party to the merger transaction. "(3) CERTAIN CONDITIONS AND COMMITMENTS CONTINUED.— If, as a condition for the acquisition of a bank by an outof-State bank holding company before the date of the enactment of the Riegle-Neal Interstate Bgmking and Branching Efficiency Act of 1994— "(A) the home State of the acquired bank imposed conditions on such acquisition by such out-of-State bank holding company; or "(B) the bank holding company made commitments to such State in connection with the acquisition, the State may enforce such conditions and commitments with respect to such bank holding company or any affiliated successor company which controls a bank or branch in such State as a result of an interstate merger transaction to the same extent as the State could enforce such conditions or commitments against the bank holding company before the consummation of the merger transaction. "(e) EXCEPTION FOR BANKS IN DEFAULT OR IN DANGER OF DEFAULT.—If an application under subsection (a)(1) for approval of a merger transaction which involves 1 or more banks in default or in danger of default or with respect to which the Corporation provides assistance under section 13(c), the responsible agency may approve such application without regard to subsection (b), or paragraph (2), (4), or (5) of subsection (a). "(f) DEFINITIONS.—For purposes of this section, the following definitions shall apply: "(1) ADEQUATELY CAPITALIZED.—^The term 'adequately capitalized' has the same meaning as in section 38. "(2) ANTITRUST LAWS.—The term 'antitrust laws'— "(A) has the same meaning as in subsection (a) of the first section of the Clayton Act; and "(B) includes section 5 of the Federal Trade Commission Act to the extent such section 5 relates to unfair methods of competition. "(3) BRANCH.—^The term 'branch' means any domestic branch. "(4) HOME STATE.—The term 'home State'— "(A) means— "(i) with respect to a national bank, the State in which the main office of the bank is located; and "(ii) with respect to a State bank, the State by which the bank is chartered; and "(B) with respect to a bank holding company, has the same meaning as in section 2(o)(4) of the Bank Holding Company Act of 1956. "(5) HOST STATE.—^The term 'host State' means, 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 maintain, a branch. "(6) INTERSTATE MERGER TRANSACTION.—The term 'interstate merger transaction' means any merger transaction approved pursuant to subsection (a)(1). PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2349 "(7) MERGER TRANSACTION.—The term 'merger transaction' has the meaning determined under section 18(c)(3). "(8) OUT-OF-STATE BANK.—The term 'out-of-State bank' means, with respect to any State, a bank whose home State is another State. "(9) OUT-OF-STATE BANK HOLDING COMPANY.—^The term 'out-of-State bank holding compan}^' means, with respect to any State, a bank holding company whose home State is another State. "(10) RESPONSIBLE AGENCY.—^The term 'responsible agency' means the agency determined in accordance with section 18(c)(2) with respect to a merger transaction. "(11) RESULTING BANK.—The term 'resulting bank' means a bank that has resulted from an interstate merger transaction under this section.", (b) TECHNICAL AND CONFORMING AMENDMENTS.— (1) REVISED STATUTES.—Section 5155 of the Revised Statutes (12 U.S.C. 36) is amended— (A) by redesignating subsections (d) through (h) as subsections (h) through (1), respectively; and (B) by inserting after subsection (c) the following new subsections: "(d) BRANCHES RESULTING FROM INTERSTATE MERGER TRANS- ACTIONS.—^A national bank resulting from an interstate merger transaction (as defined in section 44(f)(6) of the Federal Deposit Insurance Act) may maintain and operate a branch in a State other than the home State (as defined in subsection (g)(3)(B)) of such bank in accordance with section 44 of the Federal Deposit Insurance Act. "(e) EXCLUSIVE AUTHORITY FOR ADDITIONAL BRANCHES.— "(1) IN GENERAL.—Effective June 1, 1997, a national bank may not acquire, establish, or operate a branch in any State other than the bank's home State (as defined in subsection (g)(3)(B)) or a State in which the bank already has a branch unless the acquisition, establishment, or operation of such branch in such State by such national bank is authorized under this section or section 13(f), 13(k), or 44 of the Federal Deposit Insurance Act. "(2) RETENTION OF BRANCHES.—In the case of a national bank which relocates the main office of such bank from 1 State to another State £ifter May 31, 1997, the bank may retain and operate branches within the State which was the bank's home State (as defined in subsection (g)(3)(B)) before the relocation of such office only to the extent the bank would be authorized, under this section or any other provision of law referred to in paragraph (1), to acquire, establish, or commence to operate a branch in such State if— "(A) the bank had no branches in such State; or "(B) the branch resulted from— "(i) an interstate merger transaction approved pursuant to section 44 of the Federal Deposit Insurance Act; or "(ii) a transaction after May 31, 1997, pursuant to which the bank received assistance from the Federal Deposit Insurance Corporation under section 13(c) of such Act. "(f) LAW APPLICABLE TO INTERSTATE BRANCHING OPERATIONS.— 108 STAT. 2350 PUBLIC LAW 103-328—SEPT. 29, 1994 "(1) LAW APPLICABLE TO NATIONAL BANK BRANCHES.— "(A) IN GENERAL.—^The laws of the host State regarding community reinvestment, consumer protection, fair lending, and establishment of intrastate branches shall apply to any branch in the host State of an out-of-State national bank to the same extent as such State laws apply to a branch of a bank chartered by that State, except— "(i) when Federal law preempts the application of such State laws to a national bank; or "(ii) when the Comptroller of the Currency determines that the application of such State laws would have a discriminatory effect on the branch in comparison with the effect the application of such State laws would have with respect to branches of a bank chartered by the host State. "(B) ENFORCEMENT OF APPLICABLE STATE LAWS.—^The provisions of any State law to which a branch of a national bank is subject under this paragraph shall be enforced, with respect to such branch, by the Comptroller of the Currency. "(2) TREATMENT OF BRANCH AS BANK.—All laws of a host State, other than the laws regarding community reinvestment, consumer protection, fair lending, establishment of intrastate branches, and the application or administration of any tax or method of taxation, shall apply to a branch (in such State) of an out-of-State national bank to the same extent as such laws would apply if the branch were a national bank the main office of which is in such State. "(3) RULE OF CONSTRUCTION.—NO provision of this subsection may be construed as affecting the legal standards for preemption of the application of State law to national banks.". (2) ACT OF MAY i, isse.—Section 2 of the Act entitled "An Act to enable national banking associations to increase their capital stock and to change their names and locations." and approved May 1, 1886 (12 U.S.C. 30) is amended by adding at the end the following new subsection: "(c) COORDINATION WITH REVISED STATUTES.—In the case of a national bank which relocates the main office of such bank from 1 State to another State after May 31, 1997, the bank may retain and operate branches within the State from which the bank relocated such office only to the extent authorized in section 5155(e)(2) of the Revised Statutes.". (3) FEDERAL DEPOSIT INSURANCE ACT.— (A) EXCLUSIVE AUTHORITY FOR ADDITIONAL BRANCHES OF STATE NONMEMBER BANKS.—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: "(3) EXCLUSIVE AUTHORITY FOR ADDITIONAL BRANCHES.— "(A) IN GENERAL.—Effective June 1, 1997, a State nonmember bank may not acquire, establish, or operate a branch in any State other than the bank's home State (as defined in section 44(f)(4)) or a State in which the bank already has a branch unless the acquisition, establishment, or operation of a branch in such State by a State nonmember bank is authorized under this subsection or section 13(f), 13(k), or 44. PUBLIC LAW 103-328—SEPT. 29, 1994 i f i08 STAT. 2351 "(B) RETENTION OF BRANCHES.—In the case of a State nonmember bank which relocates the main office of such bank from 1 State to another State after May 31, 1997, the bank may retain and operate branches within the State which was the bank's home State (as defined in section 44(f)(4)) before the relocation of such office only to the extent the bank would be authorized, under this section or any other provision of law referred to in subparagraph (A), to acquire, establish, or commence to operate a branch in such State if— "(i) the bank had no branches in such State; or "(ii) the branch resulted from— "(I) an interstate merger transaction approved pursuant to section 44; or "(II) a transaction after May 31, 1997, pursuant to which the bank received assistance from the Corporation under section 13(c).". (B) ACTIVITIES O F BRANCHES O F STATE BANKS RESULTING FROM INTERSTATE MERGER TRANSACTIONS.—Section 24 of the Federal Deposit Insurance Act (12 U.S.C. 1831a) is amended by adding at the end the following new subsection: "(j) ACTIVITIES OF BRANCHES OF OUT-OF-STATE BANKS.— "(1) I N GENERAL.—^The laws of a host State, including laws regarding community reinvestment, consumer protection, fair lending, and establishment of intrastate branches, shall apply to any branch in the host State of an out-of-State State bank to the same extent as such State laws apply to a branch of a bank chartered by that State. "(2) ACTIVITIES OF BRANCHES.^An insured State bank that establishes a branch in a host State may not conduct any activity at such branch that is not permissible for a bank chartered by the host State. "(3) DEFINITIONS.—^The terms 'host State', 'interstate merger transaction', and 'out-of-State bank' have the same meanings as in section 44(f).". (4) ACT OF NOVEMBER i, I9i8.—The Act entitled "An Act to provide for the consolidation of the national banking associations." and approved November 7, 1918 (12 U.S.C. 215 et seq.) is amended— (A) by redesignating section 2 as section 3; 12 USC 2l5a. (B) by redesignating section 3 as section 5; l2USC2l5b. (C) in the 1st section, by striking "That (a) any national 12 USC 215 note, banking association" and inserting the following: "SECTION 1. SHORT TITLE. National Bank "This Act may be cited as the 'National Bank Consolidation and^Merger°Act. and Merger Act'. "SEC. 2. CONSOUDATION OF BANKS WITHIN THE SAME STATE. 12 USC 215. "(a) IN GENERAL.—Any national bank"; and (D) by inserting after section 3 (as so redesignated under subparagraph (A) of this paragraph) the following new section: "SEC. 4. INTERSTATE CONSOLIDATIONS AND MERGERS. "(a) IN GENERAL.—^A national bank may engage in a consolidation or merger under this Act with an out-of-State bank if the 12 USC 215a-l. 108 STAT. 2352 PUBLIC LAW 103-328—SEPT. 29, 1994 consolidation or merger is approved pursuant to section 44 of the Federal Deposit Insurance Act. "(b) SCOPE OF APPLICATION.—Subsection (a) shall not apply with respect to any consolidation or merger before June 1, 1997, unless the home State of each bank involved in the transaction has in effect a law described in section 44(a)(3) of the Federal Deposit Insurance Act. "(c) DEFINITIONS.—The terms 'home State' and 'out-of-State bank' have the same meaning as in section 44(f) of the Federal Deposit Insurance Act,". (5) HOME OWNERS' LOAN ACT.—Section 3 of the Home Owners' Loan Act (12 U.S.C. 1462a) is amended— (A) by redesignating subsections (f) through (i) as subsections (g) through (j), respectively; and (B) by inserting after subsection (e), the following new subsection: "(f) STATE HOMESTEAD PROVISIONS.—^No provision of this Act or any other provision of law administered by the Director shall be construed as superseding any homestead provision of any State constitution, including any implementing State statute, in effect on the date of enactment of the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, or any subsequent amendment to such a State constitutional or statutory provision in effect on such date, that exempts the homestead of any person from foreclosure, or forced sale, for the payment of all debts, other than a purchase money obligation relating to the homestead, taxes due on the homestead, or an obligation arising from work and material used in constructing improvements on the homestead.". SEC. 103. STATE "OPT-IN" ELECTION TO PERMIT INTERSTATE BRANCHING THROUGH DE NOVO BRANCHES. (a) NATIONAL BANKS.—Section 5155 of the Revised Statutes (12 U.S.C. 36) is amended by inserting after subsection (f) (as added by section 102(b)) the following new subsection: "(g) STATE 'OPT-IN' ELECTION To PERMIT INTERSTATE BRANCHING THROUGH D E NOVO BRANCHES.— "(1) IN GENERAL.—Subject to paragraph (2), the Comptroller of the Currency may approve an application by a national bank to establish and operate a de novo branch in a State (other than the bank's home State) in which the bank does not maintain a branch if— "(A) there is in effect in the host State a law that— "(i) applies equally to all banks; and "(ii) expressly permits all out-of-State banks to establish de novo branches in such State; and "(B) the conditions established in, or made applicable to this paragraph by, paragraph (2) are met. "(2) CONDITIONS ON ESTABLISHMENT AND OPERATION OF INTERSTATE BRANCH.— "(A) ESTABLISHMENT.—^An application by a national bank to establish and operate a de novo branch in a host State shall be subject to the same requirements and conditions to which an application for an interstate merger transaction is subject under paragraphs (1), (3), and (4) of section 44(b) of the Federal Deposit Insurance Act. "(B) OPERATION.—Subsections (c) and (d)(2) of section 44 of the Federal Deposit Insurance Act shall apply with PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2353 respect to each branch of a national bank which is estabhshed and operated pursuant to an application approved under this subsection in the same manner and to the same extent such provisions of such section 44 apply to a branch of a national bank which resulted from an interstate merger transaction approved pursuant to such section 44. "(3) DEFINITIONS.—The following definitions shall apply for purposes of this section: "(A) D E NOVO BRANCH.—The term 'de novo branch' means a branch of a national bank which— "(i) is originally established by the national bank as a branch; and "(ii) does not become a branch of such bank as a result of— "(I) the acquisition by the bank of an insured depository institution or a branch of an insured depository institution; or "(II) the conversion, merger, or consolidation of any such institution or branch. "(B) HOME STATE.—^The term 'home State' means the State in which the main office of a national bank is located. "(C) HOST STATE.—The term 'host State' means, 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 maintain, a branch.". (b) STATE BANKS.—Section 18(d) of the Federal Deposit Insurance Act (12 U.S.C. 1828(d)) is amended by inserting after paragraph (3) (as added by section 102(b)(3) of this title) the following new paragraph: "(4) STATE 'OPT-IN' ELECTION TO PERMIT INTERSTATE BRANCHING THROUGH DE NOVO BRANCHES.— "(A) IN GENERAL.—Subject to subparagraph (B), the Corporation may approve an application by an insured State nonmember bank to establish and operate a de novo branch in a State (other than the bank's home State) in which the bank does not maintain a branch if— "(i) there is in effect in the host State a law that— "(I) applies equally to all banks; and "(II) expressly permits all out-of-State banks to establish de novo branches in such State; and "(ii) the conditions established in, or made applicable to this paragraph by, subparagraph (B) are met. "(B) CONDITIONS ON ESTABLISHMENT AND OPERATION OF INTERSTATE B R A N C H . ^ "(i) ESTABLISHMENT.—^An application by an insured State nonmember bank to establish and operate a de novo branch in a host State shall be subject to the same requirements and conditions to which an application for a merger transaction is subject under paragraphs (1), (3), and (4) of section 44(b). "(ii) OPERATION.—Subsections (c) and (d)(2) of section 44 shall apply with respect to each branch of an insured State nonmember bank which is established and operated pursuant to an application approved under this paragraph in the same manner and to the 108 STAT. 2354 PUBLIC LAW 103-328—SEPT. 29, 1994 same extent such provisions of such section apply to a branch of a State bank which resulted from a merger transaction under such section 44. "(C) D E NOVO BRANCH DEFINED.—For purposes of this paragraph, the term *de novo branch' means a branch of a State bank which— "(i) is originally established by the State bank as a branch; and "(ii) does not oecome a branch of such bank as a result of— "(I) the acquisition by the bank of an insured depository institution or a branch of an insured depository institution; or "(II) the conversion, merger, or consolidation of any such institution or branch. "(D) HOME STATE DEFINED.—The term 'home State' means the State by which a State bank is chartered. "(E) HOST STATE DEFINED.—The term 'host State' means, 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 maintain, a branch.". SEC. 104. BRANCHING BY FOREIGN BANKS. (a) IN GENERAL.—Section 5(a) of the International Banking Act of 1978 (12 U.S.C. 3103(a)) is amended to read as follows: "(a) INTERSTATE BRANCHING AND AGENCY OPERATIONS.— "(1) FEDERAL BRANCH OR AGENCY.—Subject to the provisions of this Act and with the prior written approval by the Board and the Comptroller of the Currency of an application, a foreign bank may establish and operate a Federal branch or agency in any State outside the home State of such foreign bank to the extent that the establishment and operation of such branch would be permitted under section 5155(g) of the Revised Statutes or section 44 of the Federal Deposit Insurance Act if the foreign bank were a national bank whose home Stj te is the same State as the home State of the foreign bank. "(2) STATE BRANCH OR AGENCY.—Subject to the provisions of this Act and with the prior written approval by the Board and the appropriate State bank supervisor of an application, a foreign bank may establish and operate a State branch or agency in any State outside the home State of such foreign bank to the extent that such establishment and operation would be permitted under section 18(d)(4) or 44 of the Federal Deposit Insurance Act if the foreign bank were a State bank whose home State is the same State as the home State of the foreign bank. "(3) CRITERIA FOR DETERMINATION.—In approving an application under paragraph (1) or (2), the Board and (in the case of an application under paragraph (1)) the Comptroller of the Currency— "(A) shall apply the standards applicable to the establishment of a foreign bank office in the United States under section 7(d); "(B) may not approve an application unless the Board and (in the case of an application under paragraph (1)) the Comptroller of the Currency— PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2355 "(i) determine that the foreign bank's financial resources, including the capital level of the bank, are equivalent to those required for a domestic bank to be approved for branching under section 5155 of the Revised Statutes and section 44 of the Federal Deposit Insurance Act; and "(ii) consult with the Secretary of the Treasury regarding capital equivalency; and "(C) shall apply the same requirements and conditions to which an application for an interstate merger transaction is subject under paragraphs (1), (3), and (4) of section 44(b) of the Federal Deposit Insurance Act. "(4) OPERATION.—Subsections (c) and (d)(2) of section 44 of the Federal Deposit Insurance Act shall apply with respect to each branch and agency of a foreign bank which is established and operated pursuant to an application approved under this subsection in the same manner and to the same extent such provisions of such section apply to a domestic branch of a national or State bank (as such terms are defined in section 3 of such Act) which resulted from a merger transaction under such section 44. "(5) EXCLUSIVE AUTHORITY FOR ADDITIONAL BRANCHES.— Except as provided in this section, a foreign bank may not, directly or indirectly, acquire, establish, or operate a branch or agency in any State other than the home State of such bank. "(6) REQUIREMENI^ FOR A SEPARATE SUBSIDIARY.—If the Board or the Comptroller of the Currency, taking into account differing regulatory or accounting standards, finds that adherence by a foreign bank to capital requirements equivalent to those imposed under section 5155 of the Revised Statutes and section 44 of the Federal Deposit Insurance Act could be verified only if the banking activities of such bank in the United States are carried out in a domestic banking subsidiary within the United States, the Board and (in the case of an application under paragraph (1)) the Comptroller of the Currency may approve an application under paragraph (1) or (2) subject to a requirement that the foreign bank or company controlling the foreign bank establish a domestic banking subsidiary in the United States. "(7) ADDITIONAL AUTHORITY FOR INTERSTATE BRANCHES AND AGENCIES OF FOREIGN BANKS.—Notwithstanding paragraphs (1) and (2), a foreign bank may, with the approval of the Board and the Comptroller of the Currency, establish and operate a Federal branch or Federal agency or, with the approval of the Board and the appropriate State bank supervisor, a State branch or State agency in any State outside the foreign bank's home State if— "(A) the establishment and operation of a branch or agency is expressly permitted by the State in which the branch or agency is to be established; and "(B) in the case of a Federal or State branch, the branch receives only such deposits as would be permissible for a corporation organized under section 25A of the Federal Reserve Act. "(9) HOME STATE OF DOMESTIC BANK DEFINED.—For purposes of this subsection, the term 'home State' means— 108 STAT. 2356 PUBLIC LAW 103-328—SEPT. 29, 1994 "(A) with respect to a national bank, the State in which the main office of the bank is located; and "(B) with respect to a State bank, the State by which the bank is chartered.". (b) CONTINUED AUTHORITY FOR LIMITED BRANCHES, AGENCIES, OR COMMERCIAL LENDING COMPANIES.—Section 5(b) of the International Banking Act of 1978 (12 U.S.C. 3103(b)) is amended by adding at the end the following new sentence: "Notwithstanding subsection (a), a foreign bank may continue to operate, after the enactment of the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, any Federal branch. State branch. Federal agency. State agency, or commercial lending company subsidiary which such bank was operating on the day before the date of the enactment of such Act to the extent the branch, agency, or subsidiary continues, after the enactment of such Act, to engage in operations which were lawful under the laws in effect on the day before such date.". (c) CLARIFICATION OF BRANCHING RULES IN THE CASE OF A FOREIGN BANK WITH A DOMESTIC BANK SUBSIDIARY.—Section 5 of the International Banking Act of 1978 (12 U.S.C. 3103) is amended by adding at the end the following new subsection: "(d) CLARIFICATION OF BRANCHING RULES IN THE CASE OF A FOREIGN BANK WITH A DOMESTIC BANK SUBSIDIARY.—In the case of a foreign bank that has a domestic bank subsidiary within the United States— "(1) the fact that such bank controls a domestic bank shall not affect the authority of the foreign bank to establish Federal and State branches or agencies to the extent permitted under subsection (a); and "(2) the fact that the domestic bank is controlled by a foreign bank which has Federal or State branches or agencies in States other than the home State of such domestic bank shall not affect the authority of the domestic bank to establish branches outside the home State of the domestic bank to the extent permitted under section 5155(g) of the Revised Statutes or section 18(d)(4) or 44 of the Federal Deposit Insurance Act, as the case may be.". (d) HOME STATE DETERMINATIONS.—Section 5(c) of the Inter- national Banking Act of 1978 (12 U.S.C. 3103(c)) is amended to read as follows: "(c) DETERMINATION OF HOME STATE OF FOREIGN BANK.—^For the purposes of this section— "(1) in the case of a foreign bank that has any branch, agency, subsidiary commercial lending company, or subsidiary bank in more than 1 State, the home State of the foreign bank is the 1 State of such States which is selected to be the home State by the foreign bank or, in default of any such selection, by the Board; and "(2) in the case of a foreign bank that does not have a branch, agency, subsidiary commercial lending company, or subsidiary bank in more than 1 State, the home State of the foreign bank is the State in which the foreign bank has a branch, agency, subsidiary commercial lending company, or subsidiary bank.". PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2357 SEC. 105. COORDINATION OF EXAMINATION AUTHORITY. Section 10 of the Federal Deposit Insurance Act (12 U.S.C. 1820) is amended by inserting after subsection (g) the following new subsection: "(h) COORDINATION OF EXAMINATION AUTHORITY.— "(1) IN GENERAL,.—^The appropriate State bank supervisor of a host State may examine a branch operated in such State by an out-of-State insured State bank that resulted from an interstate merger transaction approved under section 44 or a branch established in such State pursuant to section 5155(g) of the Revised Statutes or section 18(d)(4)— "(A) for the purpose of determining compliance with host State laws, including those that govern banking, community reinvestment, fair lending, consumer protection, and permissible activities; and "(B) to ensure that the activities of the branch are not conducted in an unsafe or unsound manner. "(2) ENFORCEMENT.—If the State bank supervisor of a host State determines that there is a violation of the law of the host State concerning the activities being conducted by a branch described in paragraph (1) or that the branch is being operated in an unsafe and unsound manner, the State bank supervisor of the host State or, to the extent authorized by the law of the host State, a State law enforcement officer may undertake such enforcement actions and proceedings as would be permitted under the law of the host State as if the branch were a bank chartered by that host State. "(3) COOPERATIVE AGREEMENT.—The State bank supervisors from 2 or more States may enter into cooperative agreements to facilitate State regulatory supervision of State banks, including cooperative agreements relating to the coordination of examinations and joint participation in examinations. "(4) FEDERAL REGULATORY AUTHORITY.—No provision of this subsection shall be construed as limiting in any way the authority of an appropriate Federal banking agency to examine or to take any enforcement actions or proceedings against any bank or branch of a bank for which the agency is the appropriate Federal banking agency.". SEC. 106. BRANCH CLOSURES. Section 42 of the Federal Deposit Insurance Act (12 U.S.C. 1831r-l) is amended by adding at the end the following new subsection: "(d) BRANCH CLOSURES IN INTERSTATE BANKING OR BRANCHING OPERATIONS.— "(1) NOTICE REQUIREMENTS.—In the case of an interstate bank which proposes to close any branch in a low- or moderateincome area, the notice required under subsection (b)(2) shall contain the mailing address of the appropriate Federal banking agency and a statement that comments on the proposed closing of such branch may be mailed to such agency. "(2) ACTION REQUIRED BY APPROPRIATE FEDERAL BANKING AGENCY.—If, in the case of a branch referred to in paragraph (1)— "(A) a person from the area in which such brsmch is located— 108 STAT. 2358 PUBLIC LAW 103-328—SEPT. 29, 1994 "(i) submits a written request relating to the closing of such branch to the appropriate Federal banking agency; and "(ii) includes a statement of specific reasons for the request, including a discussion of the adverse effect of such closing on the availability of banking services in the area affected by the closing of the branch; and "(B) the agency concludes that the request is not frivolous, the agency shall consult with community leaders in the affected area and convene a meeting of representatives of the agency and other interested depository institution regulatory agencies with community leaders in the affected area and such other individuals, organizations, and depository institutions (as defined in section 19(b)(1)(A) of the Federal Reserve Act) as the agency may determine, in the discretion of the agency, to be appropriate, to explore the feasibility of obtaining adequate alternative facilities and services for the affected area, including the establishment of a new branch by another depository institution, the chartering of a new depository institution, or the establishment of a community development credit union, following the closing of the branch. "(3) No EFFECT ON CLOSING.—'No action by the appropriate Federal banking agency under paragraph (2) shall affect the authority of an interstate bank to close a branch (including the timing of such closing) if the requirements of subsections (a) and (b) have been met by such bank with respect to the branch being closed. "(4) DEFINITIONS.—For purposes of this subsection, the following definitions shall apply: "(A) INTERSTATE BANK DEFINED.—The term 'interstate bank' means a bank which maintains branches in more than 1 State. "(B) Low- OR MODERATE-INCOME AREA.—The term 'lowor moderate-income area' means a census tract for which the median family income is— "(i) less than 80 percent of the median family income for the metropolitan statistical area (as designated by the Director of the Office of Management and Budget) in which the census tract is located; or "(ii) in the case of a census tract which is not located in a metropolitan statistical area, less than 80 percent of the median family income for the State in which the census tract is located, as determined without taking into account family income in metropolitan statistical areas in such State.". ^ SEC. 107. EQUAUZING COMPETITIVE OPPORTUNITIES FOR UNITED STATES AND FOREIGN BANKS. (a) REGULATORY OBJECTIVES.—Section 6 of the International ^ Banking Act of 1978 (12 U.S.C. 3104) is amended— (1) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively; and (2) by inserting after "SEC. 6" the following new subsection: "(a) OBJECTIVE.—In implementing this section, the Comptroller and the Federal Deposit Insurance Corporation shall each, by affording equal competitive opportunities to foreign and United States PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2359 banking organizations in their United States operations, ensure that foreign banking organizations do not receive an unfair competitive advantage over United States banking organizations.". (b) REVIEW OF REGULATIONS.— 12 use 3i04 (1) IN GENERAL.—Each Federal banking agency, after con- "o**sultation with the other Federal banking agencies to assure uniformity, shall revise the regulations adopted by such agency under section 6 of the International Banking Act of 1978 to ensure that the regulations are consistent with the objective set forth in section 6(a) of the International Banking Act of 1978. (2) SPECIFIC FACTORS.—In carrying out paragraph (1), each Federal banking agency shall consider whether to permit an uninsured branch of a foreign bank to accept initial deposits of less than $ 100,000 only from— (A) individuals who are not citizens or residents of the United States at the time of the initial deposit; (B) individuals who— (i) are not citizens of the United States; (ii) are residents of the United States; and (iii) are employed by a foreign bank, foreign business, foreign government, or recognized international organization; (C) persons to whom the branch or foreign bank has extended credit or provided other nondeposit banking services; (D) foreign businesses and large United States businesses; (E) foreign governmental units and recognized international organizations; and (F) persons who are depositing funds in connection with the issuance of a financial instrument by the branch for the transmission of funds. (3) REDUCTION IN REGULATORY DE MINIMIS EXEMPTION.— In carrying out paragraph (1), each Federal banking agency shall limit any exemption which is— (A) available under any regulation prescribed pursuant to section 6(d) of the International Banking Act of 1978 providing for the acceptance of initial deposits of less than $100,000 by an uninsured branch of a foreign bank; and (B) based on a percentage of the average deposits at such branch; to not more than 1 percent of the average deposits at such branch. (4) ADDITIONAL RELEVANT CONSIDERATIONS.—In carrying out paragraph (1), each Federal banking agency shall also consider the importance of maintaining and improving the availability of credit to all sectors of the United States economy, including the international trade finance sector of the United State economy. (5) DEADLINE FOR PRESCRIBING REVISED REGULATIONS.— Each Federal banking agency— (A) shall publish final regulations under paragraph Federal (1) in the Federal Register not later than 12 months after Register, the date of enactment of this Act; and publication. (B) may establish reasonable transition rules to facilitate any termination of any deposit-taking activities that 108 STAT. 2360 PUBLIC LAW 103-328—SEPT. 29, 1994 were permissible under regulations that were in effect before the date of enactment of this Act. (6) DEFINITIONS.—For purposes of this subsection— (A) the term "Federal banking agency" means— (i) the Comptroller of the Currency with respect to Federal branches of foreign banks; and (ii) the Federal Deposit Insurance Corporation with respect to State branches of foreign banks; and (B) the term "uninsured branch" means a branch of a foreign bank that is not an insured branch, as defined in section 3(s)(3) of the Federal Deposit Insurance Act (12U.S.C. 1813(s)(3)). (c) AMENDMENT AFFIRMING THAT CONSUMER PROTECTION LAWS APPLY TO FOREIGN BANKS.—Section 9(b) of the International Bank- ing Act of 1978 (12 U.S.C. 3106a) is amended— (1) in paragraph (1)— (A) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (B) by inserting after "which—" the following new subparagraph: "(A) impose requirements that protect the rights of consumers in financial transactions, to the extent that the branch, agency, or commercial lending company engages in activities that are subject to such laws;"; and (2) in paragraph (2)— (A) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; eind (B) by inserting after "which—" the following new subparagraph: "(A) impose requirements that protect the rights of consumers in financial transactions, to the extent that the branch, agency, or commercial lending company engages in activities that are subject to such laws;". (d) INSURED BANKS IN TERRITORIES N O T TREATED AS FOREIGN BANKS FOR PURPOSES OF RETAIL DEPOSIT-TAKING RULE.—Section 6(d) of the International Banking Act of 1978 (12 U.S.C. 3104(c)) (as so redesignated by subsection (a)(1) of this section) is amended by adding at the end the following new paragraph: "(3) INSURED BANKS IN U.S. TERRITORIES.—^For purposes of this subsection, the term 'foreign bank' does not include any bank organized under the laws of any territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands the deposits of which are insured by the Federal Deposit Insurance Corporation pursuant to the Federal Deposit Insurance Act.". (e) AMENDMENT RELATING TO SHELL BRANCHES.— (1) I N GENERAL.—Section 7 of the International Banking Act of 1978 (12 U.S.C. 3105) is amended by adding at the end the following new subsection: "(k) MANAGEMENT OF SHELL BRANCHES.— "(1) TRANSACTIONS PROHIBITED.—A branch or agency of a foreign bank shall not manage, through an office of the foreign bank which is located outside the United States and is managed or controlled by such branch or agency, any type of activity that a bank organized under the laws of the United States, any State, or the District of Columbia is not permitted PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2361 to manage at any branch or subsidiary of such bank which is located outside the United States. "(2) REGULATIONS.—^Any regulations promulgated to carry out this section— "(A) shall be promulgated in accordance with section 13; and "(B) shall be uniform, to the extent practicable.". (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall become effective at the end of the 180-day period beginning on the date of enactment of this Act. (f) MEETING COMMUNITY CREDIT NEEDS.—Section 5(a) of the International Banking Act of 1978 (12 U.S.C. 3103(a)) (as amended by section 104 of this Act) is amended by inserting after paragraph (7) the following new paragraph: "(8) CONTINUING REQUIREMENT FOR MEETING COMMUNITY CREDIT NEEDS AFTER INITIAL INTERSTATE ENTRY BY ACQUISITION.— "(A) IN GENERAL.—If a foreign bank acquires a bank or a branch of a bank, in a State in which the foreign bank does not maintain a branch, and such acquired bank is, or is part of, a regulated financial institution (as defined in section 803 of the Community Reinvestment Act of 1977), the Community Reinvestment Act of 1977 shall continue to apply to each branch of the foreign bank which results from the acquisition as if such branch were a regulated financial institution. "(B) EXCEPTION FOR BRANCH THAT RECEIVES ONLY DEPOSITS PERMISSIBLE FOR AN EDGE ACT CORPORATION.— Paragraph (1) shall not apply to any branch that receives only such deposits as are permissible for a corporation organized under section 25A of the Federal Reserve Act to receive.". SEC. 108. FEDERAL RESERVE BOARD STUDY ON BANK FEES. (a) I N GENERAL.—Section 1002 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note) is amended to read as follows: "SEC. 1002. SURVEY OF BANK FEES AND SERVICES. "(a) ANNUAL SURVEY REQUIRED.—The Board of Governors of the Federal Reserve System shall obtain a sample, which is representative by geographic location and size of the institution, of— "(1) certain retail banking services provided by insured depository institutions; and "(2) the fees, if any, which are imposed by such institutions for providing any such service, including fees imposed for not sufficient funds, deposit items returned, and automated teller machine transactions. "(b) ANNUAL REPORT TO CONGRESS REQUIRED.— "(1) PREPARATION.—The Board of Governors of the Federal Reserve System shall prepare a report of the results of each survey conducted pursuant to subsection (a). "(2) CONTENTS OF THE REPORT.—Each report prepared pursuant to paragraph (1) shall include— "(A) a description of any discernible trend, in the Nation as a whole and in each region, in the cost and availability of retail banking services which delineates dif- 12 use 3105 ^°^- 108 STAT. 2362 12 use 1811 note. 12 u s e 1835a. PUBLIC LAW 103-328—SEPT. 29, 1994 ferences on the basis of size of the institution and engagement in multistate activity; and "(B) a description of the correlation, if any, among the following factors: "(i) An increase or decrease in the amount of any deposit insurance premium assessed by the Feder^ Deposit Insurance Corporation against insured depository institutions. "(ii) An increase or decrease in the amount of the fees imposed by such institutions for providing retail banking services. "(iii) A decrease in the availability of such services. "(3) SUBMISSION TO CONGRESS.—The Board of Governors of the Federal Reserve System shall submit an annual report to the Congress not later than September 1, 1995, and not later than June 1 of each subsequent year.". (b) SUNSET.—The requirements of subsection (a) shall not apply after the end of the 7-year period beginning on the date of enactment of this Act. SEC. 109. PROfflBrriON AGAINST DEPOSIT PRODUCTION OFFICES. (a) REGULATIONS.—^The appropriate Federal banking agencies shall prescribe uniform regulations effective June 1, 1997, which prohibit any out-of-State bank from using any authority to engage in interstate branching pursuant to this title, or any amendment made by this title to any other provision of law, primarily for the purpose of deposit production. (b) GUIDELINES FOR MEETING CREDIT NEEDS.—Regulations issued under subsection (a) shall include guidelines to ensure that interstate branches operated by an out-of-State bank in a host State are reasonably helping to meet the credit needs of the communities which the branches serve. (c) LIMITATION ON OUT-OF-STATE LOANS.— (1) LIMITATION.—Regulations issued under subsection (a) shall require that, beginning no earlier than 1 year after establishment or acquisition of an interstate branch or branches in a host State by an out-of-State bank, if the appropriate Federal banking agency for the out-of-State bank determines that the bank's level of lending in the host State relative to the deposits from the host State (as reasonably determinable from available information including the agency's sampling of the bank's loan files during an examination or such data as is otherwise available) is less than half the average of total loans in the host State relative to total deposits from the host State (as determinable from relevant sources) for all banks the home State of which is such State— (A) the appropriate Federal banking agency for the out-of-State bank shall review the loan portfolio of the bank £ind determine whether the bank is reasonably helping to meet the credit needs of the communities served by the bank in the host State; and (B) if the agency determines that the out-of-State bank is not reasonably helping to meet those needs— (i) the agency may order that an interstate branch or branches of such bank in the host State be closed unless the bank provides reasonable assurances to the satisfaction of the appropriate Federal banking agency PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2363 that the bank has an acceptable plan that will reasonably help to meet the credit needs of the communities served by the bank in the host State, and (ii) the out-of-State bank may not open a new interstate branch in the host State unless the bank provides reasonable assurances to the satisfaction of the appropriate Federal banking agency that the bank will reasonably help to meet the credit needs of the community that the new branch will serve. (2) CONSIDERATIONS.—In making a determination under paragraph (1)(A), the appropriate Federal banking agency shall consider— (A) whether the interstate branch or branches of the out-of-State bank were formerly part of a failed or failing depository institution; (B) whether the interstate branch was acquired under circumstances where there was a low loan-to-deposit ratio because of the nature of the acquired institution's business or loan portfolio; (C) whether the interstate branch or branches of the out-of-State bank have a higher concentration of commercial or credit card lending, trust services, or other specialized activities; (D) the ratings received by the out-of-State bank under the Community Reinvestment Act of 1977; (E) economic conditions, including the level of loan demand, within the communities served by the interstate branch or branches of the out-of-State bank; and (F) the safe and sound operation and condition of the out-of-State bank. (3) BRANCH CLOSING PROCEDURE.— (A) NOTICE REQUIRED.—^Before exercising any authority under paragraph (l)(B)(i), the appropriate Federal banking agency shall issue to the bank a notice of the agency's intention to close an interstate branch or branches and shall schedule a hearing. (B) HEARING.—Section 8(h) of the Federal Deposit Insurance Act shall apply to any proceeding brought under this paragraph. (d) APPLICATION.—^This section shall apply with respect to any interstate branch established or acquired in a host State pursuant to this title or any amendment made by this title to any other provision of law. (e) DEFINITIONS.—^For the purposes of this section, the following definitions shall apply: (1) APPROPRIATE FEDERAL BANKING AGENCY, BANK, STATE, AND STATE BANK.—The terms "appropriate Federal banking agency", "bank", "State", and "State bank" have the same meanings as in section 3 of the Federal Deposit Insurance Act. (2) HOME STATE.—The term "home State" means— (A) in the case of a national bank, the State in which the main office of the bank is located; and (B) in the case of a State bank, the State by which the bank is chartered. (3) HOST STATE.—The term "host State" means a State in which a bank establishes a branch other than the home State of the bank. 108 STAT. 2364 PUBLIC LAW 103-328—SEPT. 29, 1994 (4) INTERSTATE BRANCH.—The term "interstate branch" means a branch established pursuant to this title or any amendment made by this title to any other provision of law. (5) OUT-OF-STATE BANK.—The term "out-of-State bank" means, with respect to any State, a bank the home State of which is another State ai^d, for purposes of this section, includes a foreign bank, the home State of which is another State. SEC. 110. COMMUNITY REINVESTMENT ACT EVALUATION OF BANKS WITH INTERSTATE BRANCHES. (a) IN GENERAL,—Section 807 of the Community Reinvestment Act of 1977 (12 U.S.C. 2906) is amended by adding at the end the following new subsections: "(d) INSTITUTIONS WITH INTERSTATE BRANCHES.— "(1) STATE-BY-STATE EVALUATION.—In the case of a regu- lated financial institution that maintains domestic branches in 2 or more States, the appropriate Federal financial supervisory agency shall prepare— "(A) a written evaluation of the entire institution's record of performance under this title, as required by subsections (a), (b), and (c); and "(B) for each State in which the institution maintains 1 or more domestic branches, a separate written evaluation of the institution's record of performance within such State under this title, as required by subsections (a), (b), and (0. "(2) MULTISTATE METROPOLITAN AREAS.—In t h e case of a regulated financial institution that maintains domestic branches in 2 or more States within a multistate metropolitan area, the appropriate Federal financial supervisory agency shall prepare a separate written evaluation of the institution's record of performance within such metropolitan area under this title, as required by subsections (a), (b), and (c). If the agency prepares a written evaluation pursuant to this paragraph, the scope of the written evaluation required under paragraph (1)(B) shall be adjusted accordingly. "(3) CONTENT OF STATE LEVEL EVALUATION.—^A written evaluation prepared pursuant to paragraph (1)(B) shall— "(A) present the information required by subparagraphs (A) and (B) of subsection (b)(1) separately for each metropolitan area in which the institution maintains 1 or more domestic branch offices and separately for the remainder of the nonmetropolitan area of the State if the institution maintains 1 or more domestic branch offices in such nonmetropolitan area; and "(B) describe how the Federal financial supervisory agency has performed the examination of the institution, including a list of the individual branches examined. "(e) DEFINITIONS.—For purposes of this section the following definitions shall apply: "(1) DOMESTIC BRANCH.—The term 'domestic branch' means any branch office or other facility of a regulated financial institution that accepts deposits, located in any State. "(2) METROPOLITAN AREA.—The term 'metropolitan area' means any primary metropolitan statistical area, metropolitan statistical area, or consolidated metropolitan statistical area. PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2365 as defined by the Director of the Office of Management and Budget, with a population of 250,000 or more, and any other area designated as such by the appropriate Federal financial supervisory agency, "(3) STATE.—^The term 'State' has the same meaning as in section 3 of the Federal Deposit Insurance Act.", (b) SEPARATE PRESENTATION.—Section 807(b)(1) of the Community Reinvestment Act of 1977 (12 U.S.C. 2906(b)(1)) is amended— (1) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively; (2) by striking "The public" and inserting the following: "(A) CONTENTS OF WRITTEN EVALUATION.—The public"; and (3) by adding at the end the following new subparagraph: "(B) METROPOLITAN AREA DISTINCTIONS.—^The informa- tion required by clauses (i) and (ii) of subparagraph (A) shall be presented separately for each metropolitan area in which a regulated depository institution maintains one or more domestic branch offices.". SEC. 111. RESTATEMENT OF EXISTING LAW. No provision of this title and no amendment made by this title to any other provision of law shall be construed as affecting in any way— (1) the authority of any State or political subdivision of any State to adopt, apply, or administer any tax or method of taxation to any bank, bank holding company, or foreign bank, or any affiliate of any such bank, bank holding company, or foreign bank, to the extent that such tax or tax method is otherwise permissible by or under the Constitution of the United States or other Federal law; (2) the right of any State, or any political subdivision of any State, to impose or maintain a nondiscriminatory franchise tax or other nonproperty tax instead of a franchise tax in accordance with section 3124 of title 31, United States Code; or (3) the applicability of section 5197 of the Revised Statutes or section 27 of the Federal Deposit Insurance Act. SEC. 112. GAG R E P O R T ON DATA COLLECTION UNDER INTERSTATE BRANCHING. (a) IN GENERAL.—^The Comptroller General of the United States shall submit to the Congress, not later than 9 months after the date of enactment of this Act, a report that— (1) examines statutory and regulatory requirements for insured depository institutions to collect and report deposit and lending data; and (2) determines what modifications to such requirements are needed, so that the implementation of the interstate branching provisions contained in this title will result in no material loss of information important to regulatory or congressional oversight of insured depository institutions. (b) CONSULTATION.—^The Comptroller General, in preparing the report required by this section, shall consult with individuals representing the appropriate Federal banking agencies, insured depository institutions, consumers, community groups, and other interested parties. 12 USC 1811 108 STAT. 2366 PUBLIC LAW 103-328—SEPT. 29, 1994 (c) DEFINITIONS.—For purposes of this section, the terms "appropriate Federal banking agency" and "insured depository institution" have the same meanings as in section 3 of the Federal Deposit Insurance Act. SEC. 113. MAXIMUM INTEREST RATE ON CERTAIN FMHA LOANS. (a) IN GENERAL.—Section 307(a) of the ConsoHdated Farm and Rural Development Act (7 U.S.C. 1927(a)) is amended— (1) in paragraph (3)(A), by striking "Except" and inserting "Notwithstanding the provisions of the constitution or laws of any State limiting the rate or amount of interest that may be charged, taken, received, or reserved, except"; and (2) in paragraph (5)— (A) by striking "(5) The" and inserting "(5)(A) Except as provided in subparagraph (B), the"; and (B) by adding at the end the following new subparagraph: "(B) In the case of a loan made under section 310B as a guaranteed loan, subparagraph (A) shall apply notwithstanding the provisions of the constitution or laws of any State limiting the rate or amount of interest that may be charged, taken, received, or reserved.". 7 u s e 1927 note. (b) EFFECTIVE DATES.— (1) IN GENERAL.—Except as provided in paragraphs (2) and (3), the amendments made by subsection (a) shall apply to a loan made, insured, or guaranteed under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) in a State on or after the date of enactment of this Act. (2) STATE OPTION.—^Except as provided in paragraph (3), the amendments made by subsection (a) shall not apply to a loan made, insured, or guaranteed under the Consolidated Farm and Rural Development Act in a State after the date (that occurs during the 3-year period beginning on the date of enactment of this Act) on which the State adopts a law or certifies that the voters of the State have voted in favor of a provision of the constitution or law of the State that states that the State does not want the amendments made by subsection (a) to apply with respect to loems made, insured, or guaranteed under such Act in the State. (3) TRANSITIONAL PERIOD.—In any case in which a State takes an action described in paragraph (2), the amendments made by subsection (a) shall continue to apply to a loan made, insured, or guaranteed under the Consolidated Farm and Rural Development Act in the State after the date the action was taken pursuant to a commitment for the loan that was entered into during the period beginning on the date of enactment of this Act, and ending on the date on which the State takes the action. SEC. 114. NOTICE REQUIREMENTS FOR BANKING AGENCY DECISIONS PREEMPTING STATE LAW. Chapter 4 of title LXII of the Revised Statutes (12 U.S.C. 21 et seq.) is amended by adding at the end the following new section: PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2367 "SEC. 5244. INTERPRETATIONS CONCERNING PREEMPTION OF CERTAIN STATE LAWS. "(a) 12 u s e 43. NOTICE AND OPPORTUNITY FOR COMMENT REQUIRED.— Before issuing any opinion letter or interpretive rule, in response to a request or upon the agency's own motion, that concludes that Federal law preempts the application to a national bank of any State law regarding community reinvestment, consumer protection, fair lending, or the establishment of intrastate branches, or before making a determination under section 5155(f)(l)(A)(ii) of the Revised Statutes, the appropriate Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act) shall— "(1) publish in the Federal Register notice of the preemption or discrimination issue that the agency is considering (including a description of each State law at issue); "(2) give interested parties not less than 30 days in which to submit written comments; and "(3) in developing the final opinion letter or interpretive rule issued by the agency, or making any determination under section 5155(f)(l)(A)(ii) of the Revised Statutes, consider any comments received. "(b) PUBLICATION REQUIRED.—The appropriate Federal banking agency shall publish in the Federal Register— "(1) any final opinion letter or interpretive rule concluding that Federal law preempts the application of any State law regarding community reinvestment, consumer protection, fair lending, or establishment of intrastate branches to a national bank; and "(2) any determination under section 5155(f)(l)(A)(ii) of the Revised Statutes. "(c) EXCEPTIONS.— "(1) No NEW ISSUE OR SIGNIFICANT BASIS.—This section shall not apply with respect to any opinion letter or interpretive rule that— "(A) raises issues of Federal preemption of State law that are essentially identical to those previously resolved by the courts or on which the agency has previously issued an opinion letter or interpretive rule; or "(B) responds to a request that contains no significant legal basis on which to make a preemption determination. "(2) JUDICIAL, LEGISLATIVE, OR INTRAGOVERNMENTAL MATE- RIALS.—This section shall not apply with respect to materials prepared for use in judicial proceedings or submission to Congress or a Member of Congress, or for intragovernmental use. "(3) EMERGENCY.—The appropriate Federal banking agency may make exceptions to subsection (a) if— "(A) the agency determines in writing that the exception is necessary to avoid a serious and imminent threat to the safety and soundness of any national bank; or "(B) the opinion letter or interpretive rule is issued in connection with— "(i) an acquisition of 1 or more banks in default or in danger of default (as such terms are defined in section 3 of the Federal Deposit Insurance Act); or "(ii) an acquisition with respect to which the Federal Deposit Insurance Corporation provides assistance Federal Register, publication. Federal Register, publication. 108 STAT. 2368 12 use 3105 "°^- 12^^SC 3107 note. PUBLIC LAW 103-328—SEPT. 29, 1994 under section 13(c) of the Federal Deposit Insurance Act.". SEC. 115. MORATORIUM ON EXAMINATION FEES UNDER THE INTERNATIONAL BANKING ACT OF 1978. (a) BRANCHES, AGENCIES, AND AFFILIATES.—Section 7(c)(1)(D) of the International Banking Act of 1978 shall not apply with respect to anv examination under section 7(c)(1)(A) of such Act which begins before or during the 3-year period beginning on July 25, 1994. (b) REPRESENTATIVE OFFICES.—The provision of section 10(c) of the International Banking Act of 1978 relating to the cost of examinations under such section shall not apply with respect to any examination under such section which begins before or during the 3-year period beginning on July 25, 1994. TITLE II—GENERAL PROVISIONS SEC. 201. AMENDMENTS TO FEDERAL DEPOSIT INSURANCE ACT AND FEDERAL HOME LOAN BANK ACT. (a) FEDERAL DEPOSIT INSURANCE ACT.—Section ll(d)(14) of the Federal Deposit Insurance Act (12 U.S.C. 1821(d)(14)) is amended by adding at the end the following new subparagraph: "(C) REVIVAL OF EXPIRED STATE CAUSES OF ACTION.— "(i) I N GENERAL.—In the case of any tort claim described in clause (ii) for which the statute of limitation applicable under State law with respect to such claim has expired not more than 5 years before the appointment of the Corporation as conservator or receiver, the Corporation may bring an action as conservator or receiver on such claim without regard to the expiration of the statute of limitation applicable under State law, "(ii) CLAIMS DESCRIBED.—A tort claim referred to in clause (i) is a claim arising from fraud, intentional misconduct resulting in unjust enrichment, or intentional misconduct resulting in substantial loss to the institution.". (b) FEDERAL HOME LOAN BANK ACT.—Section 21A(b)(14) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(b)(14)) is amended by adding at the end the following new subparagraph: "(E) REVIVAL OF EXPIRED STATE CAUSES OF ACTION.— In the case of any tort claim described in subparagraph (A)(ii) for which the statute of limitation applicable under State law with respect to such claim has expired not more than 5 years before the appointment of the Corporation as conservator or receiver, the Corporation may bring an action as conservator or receiver on such claim without regard to the expiration of the statute of limitation applicable under State law.". SEC. 202. SENSE OF THE SENATE CONCERNING MULTILATERAL EXPORT CONTROLS. (a) FINDINGS.—The Senate finds that— (1) the United States and its allies have agreed that as of March 31, 1994, the Coordinating Committee (hereafter referred to as "COCOM"), the multilateral body that controlled PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2369 strategic exports to the former Soviet Union snd other Communist States, ceased to exist; (2) no successor has yet been estabHshed to replace the COCOM; (3) threats to United States security are posed by rogue regimes that support terrorism as a matter of national policy; (4) a critical element of the United States proposal for a successor to COCOM is that supplier nations agree on a list of militarily critical products and technologies that would be denied to a handful of rogue regimes; (5) some allies of the United States oppose this principle and instead propose that such controls be left to 'national discretion", effectively replacing multilateral export controls with a loose collection of unilateral export control policies which would be adverse for United States security and economic interests; (6) multilateral controls are needed to thwart efforts of Iran, Iraq, North Korea, Libya, and other rogue regimes, to acquire arms and sensitive dual-use goods and technologies that could contribute to their efforts to build weapons of mass destruction; and (7) the United States would be forced to make the difficult choice of choosing between unilateral export controls under the Export Administration Act of 1979, which would put American companies at a competitive disadvantage worldwide, or allowing exports that could seriously harm the national security interests of the United States. (b) SENSE OF THE SENATE.—It is the sense of the Senate that— (1) the President should work to achieve a clearly defined and enforceable agreement with allies of the United States which establishes a multilateral export control system for the proliferation of products and technologies to rogue regimes that would jeopardize the national security of the United States; and (2) the President should persuade allies of the United States to promote mutual security interests by preventing rogue regimes from obtaining militarily critical products and technologies. SEC. 203. AMENDMENTS RELATING TO SILVER MEDALS FOR PERSIAN GULF VETERANS. Title III of Public law 102-281 (31 U.S.C. 5111 note) is amended— (1) in section 303(b), by striking "entitlement" and inserting "enactment"; and (2) in section 307 by striking subsection (b) and inserting the following: "(b) No EXPENDITURES IN ADVANCE OF RECEIPT OF FUNDS.— The Secretary of the Treasury shall begin minting and issuing the medals described in section 302 whenever there are any funds available to cover the cost of minting and issuing any such medals from amounts received by the Secretary under section 305 and donations by private persons, and shall continue minting and issuing such medals, subject to the availability of funds to cover the costs, until all of the medals authorized have been issued.". SEC. 204. COMMEMORATION OF 1995 SPECIAL OLYMPIC WORLD GAMES. (a) COIN SPECIFICATIONS.— 31 USC 5112 ^°^' 108 STAT. 2370 PUBLIC LAW 103-328—SEPT. 29, 1994 (1) ONE DOLLAR SILVER COINS.— (A) ISSUANCE.—^The Secretary of the Treasury (hereafter in this section referred to as the "Secretary") shall issue not more than 800,000 $1 coins, which shall weigh 26.73 grams, have a diameter of 1.500 inches, and shall contain 90 percent silver and IQ percent copper. (B) DESIGN.—^The design of the coins issued under this section shall be emblematic of the 1995 Special Olympics World Games. On each such coin there shall be a designation of the value of the coin, an inscription of the year "1995", and inscriptions of the words "Liberty", "In Gk)d We Trust", "United States of America", and "E Pluribus Unum". (2) LEGAL TENDER.—^The coins issued under this section shall be legal tender as provided in section 5103 of title 31, United States Code. (3) NUMISMATIC ITEMS.—^For purposes of section 5132(a)(1) of title 31, United States Code, all coins minted under this section shall be considered to be numismatic items. (b) SOURCES OF BULLION.—The Secretary shall obtain silver for the coins minted under this section only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. (c) SELECTION OF DESIGN.—^The design for the coins authorized by this section shall be selected by the Secretary after consultation with the 1995 Special Olympics World Games Organizing Committee, Inc. and the Commission of Fine Arts. As required by section 5135 of title 31, United States Code, the design shall also be reviewed by the Citizens Commemorative Coin Advisory Committee. (d) ISSUANCE OF THE COINS.— (1) QUALITY OF COINS.—^The coins authorized under this section may be issued in uncirculated and proof qualities. (2) MINT FACILITY.—^Not more than 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this section. (3) PERIOD FOR ISSUANCE.—The Secretary shall issue coins minted under this section during the period beginning on January 15, 1995, and ending on December 31, 1995. (e) SALE OF THE COINS.— (1) SALE PRICE.—^The coins issued under this section shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge provided in paragraph (4) with respect to such coins, and the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (2) BULK SALES.—The Secretary shall make bulk sales at a reasonable discount. (3) PREPAID ORDERS.—^The Secretary shall accept prepaid orders for the coins authorized under this section prior to the issuance of such coins. Sales under this subsection shall be at a reasonable discount. (4) SURCHARGE REQUIRED.—^All sales shall include a surcharge of $10 per coin. (5) INTERNATIONAL SALES.—^The Secretary, in cooperation with the 1995 Special Olympics World Games Organizing Committee, shall develop an international marketing program to promote and sell coins outside of the United States. PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2371 (f) GENERAL WAIVER OF PROCUREMENT REGULATIONS.—^No provision of law governing procurement or public contracts shall be applicable to the procurement of goods or services necessary for carrying out the provisions of this section. Nothing in this subsection shall relieve any person entering into a contract under the authority of this section from complying with any law relating to equal employment opportunity. (g) DISTRIBUTION OF SURCHARGES.—^The total surcharges collected by the Secretarj^ from the sale of the coins issued under this section shall be promptly paid by the Secretary to the 1995 Special Olympics World Games Organizing Committee, Inc. Such amounts shall be used to— (1) provide a world class sporting event for athletes with mental retardation; (2) demonstrate to a global audience the extraordinary talents, dedication, and courage of persons with mental retardation; and (3) underwrite the cost of staging and promoting the 1995 Special Oljnnpics World Games. (h) AUDITS.—^The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the 1995 Special Olympics World Games Organizing Committee, Inc. as may be related to the expenditure of amounts paid under subsection (g). (i) FINANCL\L ASSURANCES.— (1) No NET COST TO THE GOVERNMENT.—The Secretary shall take all actions necessary to ensure that the issuance of the coins authorized by this section shall result in no net cost to the United States Government. (2) ADEQUATE SECURITY FOR PAYMENT REQUIRED.—^No coin shall be issued under this section unless the Secretary has received— (A) full payment therefor; (B) security satisfactory to the Secretary to indemnify the United States for full pa)niient; or (C) a guarantee of full payment satisfactory to the ' Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board. SEC. 205. NATIONAL COMMUNITY SERVICE COMMEMORATIVE COINS. (a) COIN SPECIFICATIONS.— (1) $1 SILVER COINS.—The Secretary of the Treasury (here- after in this section referred to as the "Secretary") shall mint and issue not more than 500,000 $1 coins to commemorate students who volunteer to perform community service, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (2) LEGAL TENDER.—^The coins issued under this section shall be legal tender, as provided in section 5103 of title 31, United States Code. (3) NUMISMATIC ITEMS.—For purposes of section 5134 of title 31, United States Code, all coins minted under this section shall be considered to be numismatic items. 31 USC 5112 108 STAT. 2372 PUBLIC LAW 103-328—SEPT. 29, 1994 (b) SOURCES OF BULLION.—The Secretary shall obtain silver for the coins minted under this section only from stockpiles established under the Strategic and Critical Minerals Stock Piling Act. (c) DESIGN OF COINS.— (1) D E S I G N REQUIREMENTS.— (A) IN GENERAL.—^The design of the coins minted under this section shall be emblematic of community services provided by student volunteers. (B) DESIGNATION AND INSCRIPTIONS.—On each coin minted under this section there shall be— (i) a designation of the value of the coin; (ii) an inscription of the year "1996"; and (iii) inscriptions of the words "Liberty", "In God We Trust", "United States of America", and "E Pluribus Unum". (2) SELECTION.—The design for the coins authorized by this section shall be— (A) selected by the Secretary after consultation with the National Community Service Trust and the Commission • of Fine Arts; and (B) reviewed by the Citizens Commemorative Coin Advisory Committee. (d) ISSUANCE OF COINS.— (1) QUALITY OF COINS.—Coins minted under this section shall be issued in uncirculated and proof qualities. (2) MINT FACILITY.—Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this section. (3) PERIOD FOR ISSUANCE.—^The Secretary shall issue coins minted under this section for a period of not less than 6 months and not more than 12 months, beginning no later than September 1, 1996. (e) SALE OF COINS.— (1) SALE PRICE.—^The coins issued under this section shall be sold by the Secretary at a price equal to the sum of— (A) the face value of the coins; (B) the surcharge provided in paragraph (4) with respect to such coins; and (C) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping), (2) BULK SALES.—The Secretary shall make bulk sales of the coins issued under this section available at a reasonable discount. (3) P R E P A I D ORDERS.— (A) I N GENERAL.—^The Secretary shall accept prepaid orders for the coins minted under this section before the issuance of such coins. (B) DISCOUNT.—Sale prices with respect to prepaid orders under subparagraph (A) shall be at a reasonable discount. (4) SURCHARGES.—^All sales shall include a surcharge of $10 per coin. (f) GENERAL WAIVER OF PROCUREMENT REGULATIONS.— (1) IN GENERAL.—Except as provided in paragraph (2), no provision of law governing procurement or public contracts PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2373 shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this section. (2) EQUAL EMPLOYMENT OPPORTUNITY.—Paragraph (1) shall not relieve any person entering into a contract under the authority of this section from complying with any law relating to equal employment opportunity. (g) DISTRIBUTION OF SURCHARGES.— (1) IN GENERAL.—^All surcharges received by the Secretary from the sale of coins issued under this section shall be promptly paid by the Secretary to the National Community Service Trust for the purpose of funding innovative community service programs at American universities, including the service, research, and teaching activities of faculty and students involved in such programs. (2) AUDITS.—The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the National Community Service Trust as may be related to the expenditures of amounts paid under paragraph (1). (h) FINANCIAL ASSURANCES.— (1) No NET COST TO THE GOVERNMENT.—The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this section will not result in any net cost to the United States Government. (2) PAYMENT FOR COINS.—^A coin, shall not be issued under this section unless the Secretary has received— (A) full payment for the coin; (B) security satisfactory to the Secretary to indemnify the United States for full pa3m:ient; or (C) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board. SEC. 206. ROBERT F. KENNEDY MEMORIAL COMMEMORATIVE COINS. (a) COIN SPECIFICATIONS.— (1) $1 SILVER COlNS.^The Secretary of the Treasury (hereafter in this section referred to as the "Secretary") shall mint and issue not more than 500,000 $1 coins to commemorate the life and work of Robert F. Kennedy, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (2) LEGAL TENDER.—^The coins issued under this section shall be legal tender, as provided in section 5103 of title 31, United States Code. (3) NUMISMATIC ITEMS.—For purposes of section 5134 of title 31, United States Code, all coins minted under this section shall be considered to be numismatic items. (b) SOURCES OF BULLION.—^The Secretary shall obtain silver for the coins minted under this section only from stockpiles established under the Strategic and Critical Minerals Stock Piling Act. (c) DESIGN OF COINS.— (1) DESIGN REQUIREMENTS.— (A) IN GENERAL.—^The design of the coins minted under this section shall be emblematic of the life and work of Robert F. Kennedy. 31 USC 5112 108 STAT. 2374 PUBLIC LAW 103-328—SEPT. 29, 1994 (B) DESIGNATION AND INSCRIPTIONS.—On each coin minted under this section there shall be— (i) a designation of the value of the coin; (ii) an inscription of the year "1998"; and (iii) inscriptions of the words "Liberty", "In God We Trust", "United States of America", and "E Pluribus Unum". (2) SELECTION.—^The design for the coins authorized by this section shall be— (A) selected by the Secretary sifter consultation with the Robert F. Kennedy Memorial and the Commission of Fine Arts; and (B) reviewed by the Citizens Commemorative Coin Advisory Committee. (d) ISSUANCE OF COINS.— (1) QUALITY OF COINS.—Coins minted under this section shall be issued in uncirculated and proof qualities. (2) MINT FACILITY.—Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this section. (3) PERIOD FOR ISSUANCE.r—The Secretary shall issue coins minted under this section for a period of not less than 6 months and not more than 12 months, beginning no later than January 1, 1998. (e) SALE OF COINS.— (1) SALE PRICE.—^The coins issued under this section shall be sold by the Secretary at a price equal to the sum of— (A) the face value of the coins; (B) the surcharge provided in paragraph (4) with respect to such coins; and (C) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (2) BULK SALES.—The Secretary shall make bulk sales of the coins issued under this section available at a reasonable discount. (3) PREPAID ORDERS.— (A) IN GENERAL.—^The Secretary shall accept prepaid orders for the coins minted under this section before the issuance of such coins. (B) DISCOUNT.—Sale prices with respect to prepaid orders under subparagraph (A) shall be at a reasonable discount. (4) SURCHARGES.—^All sales shall include a surcharge of $10 per coin. (0 GENERAL WAIVER OF PROCUREMENT REGULATIONS.— (1) IN GENERAL.—Except as provided in paragraph (2), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this section. (2) EQUAL EMPLOYMENT OPPORTUNITY.—Paragraph (1) shall not relieve any person entering into a contract under the authority of this section from complying with any law relating to equal employment opportunity. (g) DISTRIBUTION OF SURCHARGES.— (1) IN GENERAL.—All surcharges received by the Secretary from the sale of coins issued under this section shall be PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2375 promptly paid by the Secretary to the Robert F. Kennedy Memorial for the purpose of improving the endowment of the Robert F. Kennedy Memorial. (2) AUDITS.—^The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Robert F. Kennedy Memorial as may be related to the expenditures of amounts paid under paragraph (1). (h) FINANCIAL ASSURANCES.— (1) No NET COST TO THE GOVERNMENT.—The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this section will not result in any net cost to the United States Government. (2) PAYMENT FOR COINS.—^A coin shaU not be issued under this section unless the Secretary has received— (A) full payment for the coin; (B) security satisfactory to the Secretary to indemnify the United States for full payment; or (C) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board. SEC. 207. UNITED STATES MIUTARY ACADEMY BICENTENNIAL 31USC 5112 COMMEMORATIVE COINS. "o^ (a) COIN SPECIFICATIONS.— (1) ONE DOLLAR SILVER COINS.— (A) ISSUANCE.—^The Secretary shall issue not more than 500,000 $1 coins, which shall weigh 26.73 grams, have a diameter of 1.500 inches, and shall contain 90 percent silver and 10 percent copper. (B) DESIGN.—The design of the $1 coins shall be emblematic of the United States Military Academy and its motto "Duty, Honor, Country". On each such coin there shall be a designation of the value of the coin, an inscription of the year "2002", and inscriptions of the words "Liberty", "In God We Trust", "United States of America", and "E Pluribus Unum". (2) LEGAL TENDER.—^The coins issued under this section shall be legal tender as provided in section 5103 of title 31, United States Code. (b) SOURCES OF BULLION.—The Secretary shall obtain silver for the coins minted under this section only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. (c) SELECTION OF DESIGN.—The design of the coins minted under this section shall be selected by the Secretary after consultation with the Commission of Fine Arts and the Bicentennial Steering Group, Association of Graduates, United States Military Academy. As required by section 5135 of title 31, United States Code, the designs shall also be reviewed by the Citizens Commemorative Coin Advisory Committee. (d) ISSUANCE OF THE COINS.— (1) QUALITY .\ND MINT FACILITY.—The coins authorized under this section may be issued in uncirculated and proof qualities and shall be struck at the United States Bullion Depository at West Point. 108 STAT. 2376 PUBLIC LAW 103-328—SEPT. 29, 1994 (2) PERIOD FOR ISSUANCE.—The Secretary shall issue coins minted under this section during the period beginning on March 16, 2002, and ending on March 16, 2003. (3) SUNSET PROVISION.—No coins shall be minted under this section after December 31, 2002. (e) SALE OF THE COINS.— (1) SALE PRICE.—^The coins issued under this section shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge provided in paragraph (4) with respect to such coins, and the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (2) BULK SALES.—The Secretary shall make bulk sales available at a reasonable discount. (3) PREPAID ORDERS.—^The Secretary shall accept prepaid orders for the coins prior to the issuance of such coins. Sales under this paragraph shall be at a reasonable discount. (4) SURCHARGE REQUIRED.—All sales shall include a surcharge of $10 per coin. (D GENERAL WAIVER OF PROCUREMENT REGULATIONS.—NO provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this section. Nothing in this subsection shall relieve any person entering into a contract under the authority of this section from complying with any law relating to equal employment opportunity. (g) DISTRIBUTION OF SURCHARGES.—The total surcharges collected by the Secretary from the sale of the coins issued under this section shall be promptly paid by the Secretary to the Association of Graduates, United States Military Academy to assist the Association of Graduates' efforts to provide direct support to the academic, military, physical, moral, and ethical development programs of the Corps of Cadets, United States Military Academy. (h) AUDITS.—^The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Association of Graduates, United States Military Academy as may be related to the expenditure of amounts paid under subsection (g). (i) NUMISMATIC PUBLIC ENTERPRISE FUND.—The coins issued under this section are subject to the provisions of section 5134 of title 31, United States Code, relating to the Numismatic Public Enterprise Fund. (j) FINANCIAL ASSURANCES.— (1) No NET COST TO THE GOVERNMENT.—^The Secretary shall take all actions necessary to ensure that the issuance of the coins authorized by this section shall result in no net cost to the United States Government. (2) ADEQUATE SECURITY FOR PAYMENT REQUIRED.—^No coin shall be issued under this section unless the Secretary has received— (A) full payment therefor; (B) security satisfactory to the Secretary to indemnify the United States for full payment; or (C) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board. PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2377 SEC. 208. UNITED STATES BOTANIC GARDEN COMMEMORATIVE COINS. (a) C O I N S P E C I F I C A T I O N S . — (1) ONE-DOLLAR SILVER COINS.— \ 1 (A) ISSUANCE.—^The Secretary of the Treasury (hereafter in this section referred to as the "Secretary^') shall mint and issue not more than 500,000 $1 coins, which shall weigh 26.73 grams, have a diameter of 1.500 inches, and contain 90 percent silver and 10 percent copper. (B) DESIGN.—^The design of the coins issued under this section shall be a rose, the national floral emblem, and a frontal view of the French facade of the United States Botanic Garden. On each coin there shall be a designation of the value of the coin, an inscription of the years "1820-1995", and inscriptions of the words "Liberty", '^In God We Trust", "United States of America", and "E Pluribus Unum". (2) LEGAL TENDER.—^The coins issued under this section shall be legal tender, as provided in section 5103 of title 31, United States Code. (3) NUMISMATIC ITEMS.—For purposes of section 5134 of title 31, United States Code, all coins minted under this section shall be considered to be numismatic items. (b) SOURCE OF BULLION.—The Secretary shall obtain silver for the coins minted under this section only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. (c) SELECTION OF DESIGN.—The design for the coins minted under this section shall be— (1) selected by the Secretary after consultation with the National Fund for the United States Botanic Garden and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. (d) ISSUANCE OF COINS.— (1) QUALITY OF COINS.—Coins minted under this section may be issued in uncirculated and proof qualities. (2) MINT FACILITi^—Not more than 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this section. (3) PERIOD O F ISSUANCE.—^The Secretary may issue coins minted under this section during the period beginning on January 1, 1997, and ending on December 31, 1997. (e) SALE OF COINS.— (1) SALE PRICE.—The coins authorized under this section shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge provided in paragraph (4) with respect to such coins, and the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (2) BULK SALES.—The Secretary shall make bulk sales available at a reasonable discount. (3) PREPAID ORDERS.—^The Secretary shall accept prepaid orders for the coins authorized under this section prior to the issuance of such coins. Sales under this paragraph shall be at a reasonable discount. (4) SURCHARGE REQUIRED.—All sales shall include a surcharge of $10 per coin. (f) GENERAL WAIVER OF PROCUREMENT REGULATIONS.— 31 USC 5112 108 STAT. 2378 PUBLIC LAW 103-328—SEPT. 29, 1994 (1) IN GENERAL.—Except as provided in paragraph (2), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this section. (2) EQUAL EMPLOYMENT OPPORTUNITY.—Paragraph (1) shall not relieve any person entering into a contract under the authority of this section from complying with any law relating to equal employment opportunity. (g) DISTRIBUTION OF SURCHARGES.^AII surcharges received by the Secretary from the sale of coins issued under this section shall be promptly paid by the Secretary to the National Fund for the United States Botanic Garden. (h) AUDITS.—The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the National Fund for the United States Botanic Garden as may be related to the expenditures of amounts paid under subsection (g). (i) FINANCIAL ASSURANCES.— (1) No NET COST TO THE GOVERNMENT.—The Secretary shall take all actions necessary to ensure that the issuance of the coins authorized by this section shall result in no net cost to the United States Government. (2) ADEQUATE SECURITY FOR PAYMENT REQUIRED.—No coin J shall be issued under this section unless the Secretary has received— (A) full payment therefor; (B) security satisfactory to the Secretary to indemnify the United States for full payment; or (C) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board. 31 use 5112 "°*®- 31 use 5112 "°^- SEC. 209. MOUNT RUSHMORE COMMEMORATIVE COINS. (a) DISTRIBUTION OF SURCHARGES.—Section 8 of the Mount Rushmore Commemorative Coin Act (104 Stat. 314; 31 U.S.C. 5112 note) is amended by striking paragraphs (1) and (2) and inserting the following: "(1) the first $18,750,000 shall be paid during fiscal year 1994 by the Secretary to the Society to assist the Society's efforts to improve, enlarge, and renovate the Mount Rushmore National Memorial; and "(2) the remainder shall be returned to the Federal Treasury for purposes of reducing the national debt.". (b) RETROACTIVE EFFECT.—If, prior to the enactment of this Act, any amount of surcharges have been received by the Secretary of the Treasury and paid into the United States Treasury pursuant to section 8(1) of the Mount Rushmore Commemorative Coin Act, as in effect prior to the enactment of this Act, that amount shall be paid out of the Treasury to the extent necessary to comply with section 8(1) of the Mount Rushmore Commemorative Coin Act, as in efiiect after the enactment of this Act. Amounts paid pursuant to the preceding sentence shall be out of funds not otherwise appropriated. (c) NUMISMATIC OPERATING PROFITS.—Nothing in this section shall iDe construed to affect the Secretary of the Treasury's right to derive operating profits from numismatic programs for use in PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2379 supporting the United States Mint's numismatic operations and programs, or to allow the distribution of operating profits from the Numismatic Public Enterprise Fund to a recipient organization under any numismatic program. SEC. 210. STUDY AND REPORT ON THE UNITED STATES FINANCIAL SERVICES SYSTEM. (a) STUDY.— (1) IN GENERAL.—The Secretary of the Treasury (hereafter in this section referred to as the "Secretary") shall, after consultation with the Advisory Commission on Financial Services established under subsection (b), and consultation in accordance with paragraph (3), conduct a study of matters relating to the strengths and weaknesses of the United States financial services system in meeting the needs of the system's users, including the needs of-— (A) individual consumers and households; (B) communities; (C) agriculture; (D) small-, medium-, and large-sized businesses; (E) governmental and nonprofit entities; and (F) exporters and other users of international financial services. (2) MATTERS STUDIED.—The study required under paragraph (1) shall include consideration of— (A) the changes underway in the national and international economies and the financial services industry, and how those changes affect the financial services system's ability to efficiently meet the needs of the national economy and the system's users during the next 10 years and beyond; and (B) the adequacy of existing statutes and regulations, and the existing regulatory structure, to meet the needs of the financial services system's users effectively, efficiently, and without unfair, anticompetitive, or discriminatory practices. (3) CONSULTATION.—Consultation in accordance with this paragraph means consultation with— (A) the Board of Grovemors of the Federal Reserve System; (B) the Commodity Futures Trading Commission; (C) the Comptroller of the Currency; (D) the Director of the Office of Thrift Supervision; (E) the Federal Deposit Insurance Corporation; (F) the Secretary of the Department of Housing and Urban Development; (G) the Securities and Exchange Commission; (H) the Director of the Congressional Budget Office; and (I) the Comptroller General of the United States. (b) ADVISORY COMMISSION ON FINANCIAL SERVICES.— (1) ESTABLISHME]'^.—There is established the Advisory Commission on Financial Services (hereafter in this section referred to as the "Advisory Commission"). (2) MEMBERSHIP OF COMMISSION.—^The Advisory Commission— 12 USC 1811 note 108 STAT. 2380 PUBLIC LAW 103-328—SEPT. 29, 1994 (A) shall consist of not less than 9 nor more than 14 members appointed by the Secretary from among individuals— (i) who are— (I) users of the financial services system; or (II) experts in finance or on the financial services system; and (ii) who are not employees of the Federal Grovernment; and (B) shall include representatives of business, agriculture, and consumers. (3) CHAIRPERSON.—The Secretary or the Secretary's designee shall serve as Chairperson of the Advisory Commission. (4) TRAVEL EXPENSES.—Members of the Advisory Commis- sion shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in performing services for the Advisory Commission. (5) TERMINATION.—The Advisory Commission shall terminate 30 days after the date of submission of the report required under subsection (d). (c) RECOMMENDATIONS.—Based on the results of the study conducted under subsection (a), the Secretary shall develop such recommendations as may be appropriate for changes in statutes, regulations, and policies to improve the operation of the financial services system, including changes to better— (1) meet the needs of, and assure access to the system for, current and potential users; (2) promote economic growth; (3) protect consumers; (4) promote competition and efficiency; (5) avoid risk to the taxpayers; (6) control systemic risk; and (7) eliminate discrimination. (d) REPORT.—^Not later than 15 months after the date of enactment of this Act, the Secretary shall submit to the President pro tempore of the Senate and the Speaker of the House of Representatives a report describing the study conducted under subsection (a) and any recommendations developed under subsection (c). SEC. 211. FLEXIBILITY IN CHOOSING BOARDS OF DIRECTORS. (a) IN GENERAL.—Section 5146 of the Revised Statutes (12 U.S.C. 72) is amended in the 1st sentence, by striking "two thirds" and inserting "a majority". PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2381 (b) PROVISION REPEAL.—Effective on the date of enactment Effective date, of the Riegle Community Development and Regulatory Improvement Act of 1994, this section and the amendment made by this section are repealed. Approved September 29, 1994. LEGISLATIVE HISTORY—H.R. 3841 (S. 1963): HOUSE REPORTS: Nos. 103-448 (Comm. on Banking, Finance and Urban Affairs) and 103-651 (Comm. of Conference). SENATE REPORTS: No. 103-240 accompanying S. 1963 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 140 (1994): Mar. 22, considered and passed House. Apr. 25,26, H.R. 3841 considered and passed Senate, amended, in lieu of S. 1963. Aug. 4, House agreed to conference report. Sept. 13, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 30 (1994): Sept. 29, Presidential remarks.
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