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FEDERAL DEPOSIT INSURANCE CORPORATION IMPROVEMENT ACT OF 1991

FEDERAL DEPOSIT INSURANCE CORPORATION
IMPROVEMENT ACT OF 19911

TITLE I-SAFETY AND SOUNDNESS
Subtitle A-Deposit Insurance Funds

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[(b) Repealed by section 106(c) of P.L. 104-316 (110 Stat. 3831).]

Subtitle B-Supervisory Reforms

SEC. 111. IMPROVED EXAMINATIONS.

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(d) [12 U.S.C. 3305 nt.] EXAMINATION IMPROVEMENT PRO

GRAM.

(1) IN GENERAL.-The appropriate Federal banking agencies, acting through the Federal Financial Institutions Examination Council, shall each establish a comparable examination improvement program that meets the requirements of paragraph (2).

(2) REQUIREMENTS.-An examination improvement program meets the requirements of this paragraph if, under the program, the agency is required

(A) to periodically review the organization and training of the staff of the agency who are responsible for conducting examinations of insured depository institutions and to make such improvements as the agency determines to be appropriate to ensure frequent, objective, and thorough examinations of such institutions; and

(B) to increase the number of examiners, supervisors, and other individuals employed by the agency in connection with conducting or supervising examinations of insured depository institutions to the extent necessary to en

1Note: The Federal Depository Insurance Corporation Act of 1991 was largely amendatory of other Acts. Many of the free-standing provisions of such Act, while still in effect, did not have a permanent or long-term application and therefore are not contained in this compilation. Subtitles C and F of title II of such Act, the Bank Enterprise Act of 1991 and the Truth in Savings Act, respectively, each appear under their own heading.

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sure frequent, objective, and thorough examinations of such institutions.

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SEC. 122. [12 U.S.C. 1817 nt.] SMALL BUSINESS AND SMALL FARM LOAN INFORMATION.

(a) IN GENERAL.-Before the end of the 180-day period beginning on the date of the enactment of this Act, the appropriate Federal banking agency shall prescribe regulations requiring insured depository institutions to annually submit information on small businesses and small farm lending in their reports of condition.

(b) CREDIT AVAILABILITY.-The regulations prescribed under subsection (a) shall require insured depository institutions to submit such information as the agency may need to assess the availability of credit to small businesses and small farms.

(c) CONTENTS.-The information required under subsection (a) may include information regarding the following:

(1) The total number and aggregate dollar amount of commercial loans and commercial mortgage loans to small busi

nesses.

(2) Charge-offs, interest, and interest fee income on commercial loans and commercial mortgage loans to small busi

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SEC. 141. [12 U.S.C. 1823 nt.] LEAST-COST RESOLUTION.
(a) LEAST-COST RESOLUTIONS REQUIRED.—
(1)***

(2) GAO COMPLIANCE AUDIT.-The Comptroller General of the United States shall audit, under such conditions as the Comptroller General determines to be appropriate, the Federal Deposit Insurance Corporation and the Resolution Trust Corporation to determine the extent to which such corporations are complying with section 13(c)(4) of the Federal Deposit Insurance Act.

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Subtitle D-FDIC Property Disposition

SEC. 241. FDIC AFFORDABLE HOUSING PROGRAM.

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(b) [12 U.S.C. 1831q nt.] COORDINATION.-The Federal Deposit Insurance Corporation and the Resolution Trust Corporation 1 shall consult and coordinate with each other in carrying out their respective responsibilities under the affordable housing programs under section 40 of the Federal Deposit Insurance Act and section 21A(c)

1The Resolution Trust Corporation has been abolished (see section 21A(m) of the Federal Home Loan Bank Act).

of the Federal Home Loan Bank Act. Such corporations shall develop any procedures, and may enter into any agreements, necessary to provide for the coordinated, efficient, and effective operation of such programs.

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SEC. 305. [12 U.S.C. 1828 nt.] IMPROVING CAPITAL STANDARDS. (a) ***

(b) REVIEW OF RISK-BASED CAPITAL STANDARDS.

(1) IN GENERAL.-Each appropriate Federal banking agency shall revise its risk-based capital standards for insured depository institutions to ensure that those standards

(A) take adequate account of—

(i) interest-rate risk;

(ii) concentration of credit risk; and

(iii) the risks of nontraditional activities;

(B) reflect the actual performance and expected risk of loss of multifamily mortgages; and

(C) take into account the size and activities of the institutions and do not cause undue reporting burdens. (2) INTERNATIONAL DISCUSSIONS.-The Federal banking agencies shall discuss the development of comparable standards with members of the supervisory committee of the Bank for International Settlements.

(3) DEADLINE FOR PRESCRIBING REVISED STANDARDS.-Each appropriate Federal banking agency shall

(A) publish final regulations in the Federal Register to implement paragraph (1) not later than 18 months after the date of enactment of this Act; and

(B) establish reasonable transition rules to facilitate compliance with those regulations.

(4) DEFINITIONS.-For purposes of this subsection, the terms "appropriate Federal banking agency", "Federal banking agency" and "insured depository institution" have the same meanings as in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).

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(0) [12 U.S.C. 375b nt.] REPORTING OF CREDIT BY EXECUTIVE OFFICERS AND DIRECTORS.-An executive officer or director of an insured depository institution, a bank holding company, or a savings and loan holding company, the shares of which are not pub

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