CLARIFICATION OF EXTENT OF SUSPENSION, REMOVAL, AND PROHIBITION AUTHORITY OF FEDERAL BANKING AGENCIES IN CASES OF CERTAIN CRIMES BY INSTITUTION-AFFILIATED PARTIES.

SEC. 708. CLARIFICATION OF EXTENT OF SUSPENSION, REMOVAL, AND PROHIBITION AUTHORITY OF FEDERAL BANKING AGENCIES IN CASES OF CERTAIN CRIMES BY INSTITUTION-AFFILIATED PARTIES.(a) Insured Depository Institutions.—(1) In general.—Section 8(g)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1818(g)(1)) is amended—(A) in subparagraph (A)—(i) by striking “is charged in any information, indictment, or complaint, with the commission of or participation in” and inserting “is the subject of any information, indictment, or complaint, involving the commission of or participation in”;(ii) by striking “may pose a threat to the interests of the depository institution’s depositors or may threaten to impair public confidence in the depository institution,” and insert “posed, poses, or may pose a threat to the interests of the depositors of, or threatened, threatens, or may threaten to impair public confidence in, any relevant depository institution (as defined in subparagraph (E)),”; and(iii) by striking “affairs of the depository institution” and inserting “affairs of any depository institution”;(B) in subparagraph (B)(i), by striking “the depository institution” and inserting “any depository institution that the subject of the notice is affiliated with at the time the notice is issued”;(C) in subparagraph (C)(i)—(i) by striking “may pose a threat to the interests of the depository institution’s depositors or may threaten to impair public confidence in the depository institution,” and insert “posed, poses, or may pose a threat to the interests of the depositors of, or threatened, threatens, or may threaten to impair public confidence in, any relevant depository institution (as defined in subparagraph (E)),”; and120 STAT. 1989(ii) by striking “affairs of the depository institution” and inserting “affairs of any depository institution”;(D) in subparagraph (C)(ii), by striking “affairs of the depository institution” and inserting “affairs of any depository institution”;(E) in subparagraph (D)(i), by striking “the depository institution” and inserting “any depository institution that the subject of the order is affiliated with at the time the order is issued”; and(F) by adding at the end the following:“(E) Relevant depository institution.—For purposes of this subsection, the term ‘relevant depository institution’ means any depository institution of which the party is or was an institution-affiliated party at the time at which—“(i) the information, indictment, or complaint described in subparagraph (A) was issued; or“(ii) the notice is issued under subparagraph (A) or the order is issued under subparagraph (C)(i).”.(2) Clerical amendment.—The subsection heading for section 8(g) of the Federal Deposit Insurance Act (12 U.S.C. 1818(g)) is amended to read as follows:“(g) Suspension, Removal, and Prohibition From Participation Orders in the Case of Certain Criminal Offenses.—”.(b) Insured Credit Unions.—(1) In general.—Section 206(i)(1) of the Federal Credit Union Act (12 U.S.C. 1786(i)(1)) is amended—(A) in subparagraph (A), by striking “the credit union” each place that term appears and inserting “any credit union”;(B) in subparagraph (B)(i), by inserting “of which the subject of the order is, or most recently was, an institution-affiliated party” before the period at the end;(C) in subparagraph (C)—(i) by striking “the credit union” each place such term appears and inserting “any credit union”; and(ii) by striking “the credit union’s” and inserting “any credit union’s”;(D) in subparagraph (D)(i), by striking “upon such credit union” and inserting “upon the credit union of which the subject of the order is, or most recently was, an institution-affiliated party”; and(E) by adding at the end the following:“(E) Continuation of authority.—The Board may issue an order under this paragraph with respect to an individual who is an institution-affiliated party at a credit union at the time of an offense described in subparagraph (A) without regard to—“(i) whether such individual is an institution-affiliated party at any credit union at the time the order is considered or issued by the Board; or“(ii) whether the credit union at which the individual was an institution-affiliated party at the time of the offense remains in existence at the time the order is considered or issued by the Board.”.120 STAT. 1990(2) Clerical amendment.—Section 206(i) of the Federal Credit Union Act (12 U.S.C. 1786(i)) is amended by striking “(i)” at the beginning and inserting the following:“(i) Suspension, Removal, and Prohibition From Participation Orders in the Case of Certain Criminal Offenses.—”.