H.R.5539 - Credit Availability and Regulatory Relief Act of 1992102nd Congress (1991-1992)
|Sponsor:||Rep. Bereuter, Doug [R-NE-1] (Introduced 07/02/1992)|
|Committees:||House - Banking, Finance, and Urban Affrs; Energy and Commerce|
|Latest Action:||House - 07/24/1992 Referred to the Subcommittee on Telecommunications and Finance. (All Actions)|
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Summary: H.R.5539 — 102nd Congress (1991-1992)All Information (Except Text)
Introduced in House (07/02/1992)
Credit Availability and Regulatory Relief Act of 1992 - Title I: Supervisory Reforms - Amends the Federal Deposit Insurance Act to authorize the appropriate Federal banking agency to exempt any insured depository institution owned or controlled by a depository institution holding company from statutory examination requirements if: (1) the agency is satisfied that adequate internal controls and examination procedures exist within the holding company structure; and (2) the institutions owned or controlled by the holding company having at least 80 percent of all insured depository institutions owned or controlled by such holding company have been subjected to onsite examinations.
Modifies statutory auditing and reporting requirements in order to reduce the regulatory costs incurred by insured depository institutions.
Requires the Small Business Administration together with specified financial institution regulatory agencies to conduct a joint study and report to the Congress on the appropriate methods to obtain the information needed to assess the availability of credit to small businesses, including minority-owned small businesses and small farms.
Repeals the existing mandate for certain regulatory standards for safety and soundness.
Requires the appropriate Federal banking agencies to review their regulations and adopt uniform regulations.
Excludes from bank closure requirements specified branches and automated teller machines.
Amends the Federal Reserve Act to modify the aggregate statutory limits on insider lending.
Repeals the current statutory mandate with respect to the regulation of interbank risks.
Amends the Federal Deposit Insurance Act to change the assessment base calculation for deposit insurance premiums (from the two most recent quarterly call reports of the institution to the next-to-last call report and the one immediately before it).
Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to: (1) establish a threshold of $100,000 or less level below which State-certified or State-licensed appraisers are not required for certain Federal real estate-related transactions; and (2) prohibit the States from requiring State-certified or State-licensed appraisers for such transactions.
Amends the Community Reinvestment Act of 1977 to set forth guidelines for self-certification of small rural regulated financial institutions that have complied with such Act.
Requires the appropriate Federal financial supervisory agency to investigate any allegation filed against a regulated financial institution regarding whether it is helping to meet the credit needs of its community, consistent with safe and sound operation of the institution. Modifies the regulatory the guidelines for such institutions.
Amends the Federal Deposit Insurance Act to require: (1) the appropriate Federal banking agencies to jointly establish application requirements to reduce duplicative filings by depository institutions; and (2) the Federal Deposit Insurance Corporation (FDIC) to minimize the regulatory burden imposed upon insured depository institutions.
Removes certain interest rate restrictions placed upon depository institutions that are adequately capitalized.
Repeals provisions relating to private deposit insurers and deposit institutions lacking Federal deposit insurance. Prohibits the Federal Trade Commission from bringing an action or proceeding against a private deposit insurer for non-compliance with the requirement to complete a certain annual audit within a specified time period.
Requires the Secretary to study and report to the Congress on: (1) those measures necessary to ensure adequate public disclosure of depository institutions that lack Federal deposit insurance; and (2) the appropriateness of imposing audit requirements on private deposit insurers.
Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to delay the effective dates for specified new requirements for insured financial institutions.
Amends the Home Owners' Loan Act to accelerate the effective date by which savings associations may engage in certain affiliate transactions permitted for banks.
Title II: Non-Supervisory Reforms - Subtitle A: Expedited Funds Availability and Electronic Transfers - Amends the Expedited Funds Availability Act to eliminate next-day availability schedules for checks drawn on and deposited at an automated teller machine of the same depository institution. Makes the availability schedule for new accounts applicable during the 90-day (currently 30-day) period beginning on the date the account is established.
Authorizes the Board of Governors of the Federal Reserve System (the Federal Reserve Board) to establish rules imposing liability and allocating risk of loss among depository institutions and other entities participating in the payments system, including the States and political subdivisions on which checks are drawn.
Subtitle B: Amendments to the Truth in Lending Act - Amends the Truth in Lending Act to: (1) exempt from its purview credit transactions involving consumers whose income or net worth exceeds specified thresholds; and (2) prohibit the recovery of punitive damages.
Subtitle C: Homeownership Amendments - Amends the Real Estate Settlement Procedures Act of 1974 to exempt lenders who finance the purchase of residential real estate from requirements to provide certain information booklets to borrowers if the lender denies the loan application within three business days after it is received.
Amends the Home Mortgage Disclosure Act of 1975 to index the asset size of depository institutions exempt from the Act to increases in the Consumer Price Index.
Amends the Competitive Equality Banking Act of 1987 to apply the definition of "adjustable rate mortgage loan" with respect to the interest rate cap to consumer loans only.
Prohibits an appropriate Federal banking agency from requiring any depository institution to engage in Fair Housing Act data collection activities if such activities are already required under the Home Mortgage Disclosure Act of 1975.
Subtitle D: Amendments to the Truth in Savings Act - Amends the Truth in Savings Act to direct the Federal Reserve to exempt certain broadcast, electronic, or outdoor advertisements from interest-rate disclosure requirements, as well as (at the Board's discretion) interest rate notice boards on the premises of an institution. Authorizes the Board to exempt or modify certain disclosure requirements with respect to specified accounts and interest rates.
Limits the civil liability of a depository institution to an accountholder to the actual damages sustained.
Subtitle E: Expedited Procedures for Bank Holding Companies - Amends the Bank Holding Company Act to set forth expedited procedures by which banks may reorganize into bank holding companies.
Amends the Securities Act of 1933 to: (1) reflect such expedited procedures; and (2) prescribe expedited procedures for bank holding companies to seek approval to engage in nonbanking activities.
Amends the Bank Holding Company Act of 1956 and the Federal Deposit Insurance Act to permit, with the concurrence of the Attorney General, the reduction to five days of the post-approval waiting period for bank holding company acquisitions and bank mergers.