Pub. L. 111-203, tit. III, subtit. E, sec. 369

HOME OWNERS’ LOAN ACT.

EnactedYear: 2010Length: 2,390 wordsOfficial source
SEC. 369. HOME OWNERS’ LOAN ACT. The Home Owners’ Loan Act (12 U.S.C. 1461 et seq.) is amended—(1) in section 1 (12 U.S.C. 1461), by striking the table of contents;(2) in section 2 (12 U.S.C. 1462), as amended by this Act—(A) by striking paragraphs (1) and (3);(B) by redesignating paragraph (2) as paragraph (1);(C) by redesignating paragraphs (4) through (9) as paragraphs (2) through (7), respectively; and(D) by adding at the end the following:124 STAT. 1558 “(8) Board.—The term ‘Board’, other than in the context of the Board of Directors of the Corporation, means the Board of Governors of the Federal Reserve System.“(9) Comptroller.—The term ‘Comptroller’ means the Comptroller of the Currency.”;(3) in section 3 (12 U.S.C. 1462a)—(A) by striking the section heading and inserting the following:“SEC. 3. ADMINISTRATIVE PROVISIONS.” ;(B) by striking subsections (a), (b), (c), (d), (g), (h), (i), and (j);(C) by redesignating subsections (e) and (f) as subsections (a) and (b), respectively;(D) in subsection (a), as so redesignated—(i) in the heading by striking “of the Director”; and(ii) in the matter preceding paragraph (1), by striking “The Director” and inserting “In accordance with subtitle A of title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the appropriate Federal banking agency”; and(E) in subsection (b), as so redesignated, by striking “Director” and inserting “appropriate Federal banking agency”;(4) in section 4 (12 U.S.C. 1463)—(A) in subsection (a)—(i) in the subsection heading, by striking “Federal”;(ii) by striking paragraphs (1) and (2) and inserting the following:“(1) Examination and safe and sound operation.—“(A) Federal savings associations.—The Comptroller shall provide for the examination and safe and sound operation of Federal savings associations.“(B) State savings associations.—The Corporation shall provide for the examination and safe and sound operation of State savings associations.“(2) Regulations for savings associations.—The Comptroller may prescribe regulations with respect to savings associations, as the Comptroller determines to be appropriate to carry out the purposes of this Act.”; and(iii) in paragraph (3), by striking “Director” each place that term appears and inserting “Comptroller and the Corporation”;(B) in subsection (b)—(i) in paragraph (2)—(I) in subparagraph (A), by adding “and” at the end;(II) in subparagraph (B), by striking “; and” and inserting a period; and(III) by striking subparagraph (C); and(ii) by striking “Director” each place that term appears and inserting “Comptroller”;(C) in subsection (c)—124 STAT. 1559(i) by striking “All regulations and policies of the Director” and inserting “The regulations of the Comptroller and the policies of the Comptroller and the Corporation”; and(ii) by striking “of the Currency”;(D) in subsection (e)(5), by striking “Director” and inserting “Comptroller”;(E) in subsection (f), by striking “Director” each place that term appears and inserting “appropriate Federal banking agency”; and(F) in subsection (h), by striking “Director” each place that term appears and inserting “appropriate Federal banking agency”;(5) in section 5 (12 U.S.C. 1464)—(A) in subsection (a), by striking “Director”, each place such term appears and inserting “Comptroller of the Currency”;(B) in subsection (b), by striking “Director”, each place such term appears and inserting “Comptroller of the Currency”;(C) in subsection (c)—(i) in paragraph (5)—(I) in subparagraph (A), by striking “Director” and inserting “appropriate Federal banking agency”; and(II) in subparagraph (B)—(aa) by striking “The Director” and inserting “The appropriate Federal banking agency”; and(bb) by striking “the Director” and inserting “the appropriate Federal banking agency”;(D) in subsection (d)—(i) in paragraph (1)—(I) in subparagraph (A)—(aa) in the first sentence, by striking “Director” and inserting “appropriate Federal banking agency”;(bb) in the second sentence—(AA) by striking “Director’s own name and through the Director’s own attorneys” and inserting “name of the appropriate Federal banking agency and through the attorneys of the appropriate Federal banking agency”; and(BB) by striking “Director” each place that term appears and inserting “appropriate Federal banking agency”; and(cc) in the third sentence, by striking “Director” each place that term appears and inserting “Comptroller”;(II) in subparagraph (B)—(aa) in clauses (i) through (iv), by striking “Director” each place that term appears and inserting “appropriate Federal banking agency”;(III) in clause (v)—124 STAT. 1560(aa) in the matter preceding subclause (I), by striking “Director” and inserting “appropriate Federal banking agency”;(bb) in subclause (II), by striking “subpenas” and inserting “subpoenas”; and(cc) in the matter following subclause (II), by striking “subpena” and inserting “subpoena”;(IV) in clause (vi)—(aa) in the first sentence, by striking “Director” and inserting “appropriate Federal banking agency”; and(bb) in the second sentence, by striking “Director” and inserting “Comptroller”;(V) in clause (vii)—(aa) in the first sentence, by striking “subpena” and inserting “subpoena”;(bb) in the second sentence, by striking “subpenaed” and inserting “subpoenaed”; and(cc) in the third sentence, by striking “Director” and inserting “appropriate Federal banking agency”;(ii) in paragraph (2)—(I) in subparagraph (A)—(aa) by striking “Director of the Office of Thrift Supervision” and inserting “appropriate Federal banking agency”;(bb) by striking “any insured savings association” and inserting “an insured savings association”; and(cc) by striking “Director determines, in the Director’s discretion” and inserting “appropriate Federal banking agency determines, in the discretion of the appropriate Federal banking agency”;(II) in subparagraph (B), by striking “Director” each place that term appears and inserting “appropriate Federal banking agency”;(III) in subparagraphs (C) and (D), by striking “Director” and inserting “appropriate Federal banking agency”;(IV) in subparagraph (E)—(aa) in clause (ii)—(AA) in the clause heading, by striking “or rtc”; and(BB) by striking “or the Resolution Trust Corporation, as appropriate,” each place that term appears; and(bb) by striking “Director” each place that term appears and inserting “appropriate Federal banking agency”; and(iii) in paragraph (3)—(I) in subparagraph (A), by striking “Director” each place that term appears and inserting “Comptroller”; and(II) in subparagraph (B)—124 STAT. 1561(aa) in the subparagraph heading, by striking “or rtc”;(bb) by striking “Corporation or the Resolution Trust”; and(cc) by striking “Director” and inserting “Comptroller”;(iv) in paragraph (4), by striking “Director” and inserting “appropriate Federal banking agency”;(v) in paragraph (6)—(I) in subparagraph (A), by striking “Director” and inserting “Comptroller”; and(II) in subparagraphs (B) and (C), by striking “Director” each place that term appears and inserting “appropriate Federal banking agency”;(vi) in paragraph (7)—(I) in subparagraphs (A), (B), and (D), by striking “Director” each place that term appears and inserting “appropriate Federal banking agency”;(II) in subparagraph (C), by striking “Director” and inserting “Federal Deposit Insurance Corporation or the Comptroller, as appropriate,”; and(III) by striking subparagraph (E) and inserting the following:“(E) Administration by the comptroller and the corporation.—The Comptroller may issue such regulations, and the appropriate Federal banking agency may issue such orders, including those issued pursuant to section 8 of the Federal Deposit Insurance Act, as may be necessary to administer and carry out this paragraph and to prevent evasion of this paragraph.”;(E) in subsection (e)(2), strike “Director” and insert “Comptroller”;(F) in subsection (i)—(i) by striking “Director”, each place such term appears, and inserting “Comptroller”;(ii) in paragraph (2), in the heading, by striking “director” and inserting “Comptroller”;(iii) in paragraph (5)(A), by striking “of the Currency”; and(iv) except as provided in clauses (i) through (iii), by striking “Director” each place such term appears and inserting “Comptroller”;(G) in subsection (o)—(i) in paragraph (1), by striking “Director” and inserting “Comptroller”; and(ii) in paragraph (2)(B), by striking “Director’s determination” and inserting “determination of the Comptroller”;(H) in subsections (m), (n), (o), and (p), by striking “Director”, each place such term appears, and inserting “Comptroller”;(I) in subsection (q)—(i) in paragraph (6), by striking “of Governors of the Federal Reserve System”;(ii) by striking “Director” each place that term appears and inserting “Board”; and124 STAT. 1562(iii) by inserting “in consultation with the Comptroller and the Corporation,” before “considers”;(J) in subsection (r)(3), by striking “Director” and inserting “Comptroller of the Currency”;(K) in subsection (s)—(i) in paragraph (1), strike “Director” and insert “Comptroller of the Currency”;(ii) in paragraph (2), strike “Director” and insert “Comptroller of the Currency”;(iii) in paragraph (3), by striking “Director’s discretion, the Director” and inserting “discretion of the appropriate Federal banking agency, the appropriate Federal banking agency,”;(iv) in paragraph (4), by striking “Director” each place that term appears and inserting “appropriate Federal banking agency”; and(v) in paragraph (5)—(I) by striking “Director”, each place such term appears, and inserting “appropriate Federal banking agency”; and(II) by striking “Director’s approval” and inserting “approval of the appropriate Federal banking agency”;(L) in subsection (t)—(i) in paragraph (1), by striking subparagraph (D);(ii) by striking paragraph (3) and inserting the following:“(3) [Repealed].”;(iii) in paragraph (5)—(I) in subparagraph (B), by striking “Corporation, in its sole discretion” and inserting “appropriate Federal banking agency, in the sole discretion of the appropriate Federal banking agency”; and(II) by striking subparagraph (D);(iv) in paragraph (6)—(I) by striking subparagraph (A) and inserting the following:“(A) [Reserved].”;(II) in subparagraph (B), by striking “Director” each place that term appears and inserting “appropriate Federal banking agency”;(III) in subparagraph (C)—(aa) in clause (i), by striking “Director’s prior approval” and inserting “prior approval of the appropriate Federal banking agency”;(bb) in clause (ii), by striking “Director’s discretion” and inserting “discretion of the appropriate Federal banking agency”; and(cc) by striking “Director” each place that term appears and inserting “appropriate Federal banking agency”;(IV) in subparagraph (E), by striking “Director shall” and inserting “appropriate Federal banking agency may”; and(V) in subparagraph (F), by striking “Director” and all that follows through the end of the 124 STAT. 1563 subparagraph and inserting “appropriate Federal banking agency under this Act or any other provision of law.”;(v) in paragraph (7), by striking “Director” each place that term appears and inserting “appropriate Federal banking agency”;(vi) by striking paragraph (8) and inserting the following:“(8) [Repealed].”;(vii) in paragraph (9)—(I) in subparagraph (A), by striking “Director” and inserting “Comptroller”;(II) in subparagraph (C), by striking “of the Currency”; and(III) by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and(viii) except as provided in clauses (i) through (vii), by striking “Director” each place that term appears and inserting “appropriate Federal banking agency”;(M) in subsection (u), by striking “Director” each place that term appears and inserting “appropriate Federal banking agency”;(N) in subsection (v)—(i) in paragraph (2), by striking “Director’s determinations” and inserting “determinations of the appropriate Federal banking agency”; and(ii) by striking “Director” each place that term appears and inserting “appropriate Federal banking agency”;(O) in subsection (w)(1)—(i) in subparagraph (A)(II), by striking “Director’s intention” and inserting “intention of the Comptroller”; and(ii) in subparagraph (B), by striking “Director’s intention” and inserting “intention of the Comptroller”; and(P) except as provided in subparagraphs (A) through (J), by striking “Director” each place that term appears and inserting “Comptroller”;(6) in section 8 (12 U.S.C. 1466a), by striking “Director” each place that term appears and inserting “Comptroller”;(7) in section 9 (12 U.S.C. 1467)—(A) in subsection (a), by striking “assessed by the Director” and all that follows through the end of the subsection and inserting the following: “assessed by—“(1) the Comptroller, against each such Federal savings association, as the Comptroller deems necessary or appropriate; and“(2) the Corporation, against each such State savings association, as the Corporation deems necessary or appropriate.”;(B) in subsection (b), by striking “Director”, each place such term appears, and inserting “Comptroller or Corporation, as appropriate”;(C) in subsection (e)—124 STAT. 1564(i) by striking “Only the Director” and inserting “The Comptroller”; and(ii) by striking “Director’s designee” and inserting “designee of the Comptroller”;(D) by striking subsection (f) and inserting the following:“(f) [Reserved].”;(E) in subsection (g)—(i) in paragraph (1), by striking “Director” and inserting “appropriate Federal banking agency”; and(ii) in paragraph (2), by striking “Director, or the Corporation, as the case may be,” and inserting “appropriate Federal banking agency for the savings association”;(F) in subsection (i), by striking “Director” each place that term appears and inserting “appropriate Federal banking agency”;(G) in subsection (j), by striking “Director’s sole discretion” and inserting “sole discretion of the appropriate Federal banking agency”;(H) in subsection (k), by striking “Director may assess against institutions for which the Director is the appropriate Federal banking agency, as defined in section 3 of the Federal Deposit Insurance Act,” and inserting “appropriate Federal banking agency may assess against an institution”; and(I) except as provided in subparagraphs (A) through (G), by striking “Director” each place that term appears and inserting “appropriate Federal banking agency”;(8) in section 10 (12 U.S.C. 1467a)—(A) in subsection (a)(1), by striking “Director” each place that term appears and inserting “appropriate Federal banking agency”;(B) in subsection (b)—(i) in paragraph (2), by striking “and the regional office of the Director of the district in which its principal office is located,”; and(ii) in paragraph (6), by striking “Director’s own motion or application” and inserting “motion or application of the Board”;(C) in subsection (c)—(i) in paragraph (2)(F), by striking “of Governors of the Federal Reserve System”;(ii) in paragraph (4)(B), in the subparagraph heading, by striking “by director”;(iii) in paragraph (6)(D), in the subparagraph heading, by striking “by director”; and(iv) in paragraph (9)(E), by inserting “(in consultation with the appropriate Federal banking agency)” after “including a determination”;(D) in subsection (g)(5)(B), by striking “the Director’s discretion” and inserting “the discretion of the Board”;(E) in subsection (l), by striking “Director” each place that term appears and inserting “appropriate Federal banking agency”;(F) in subsection (m), by striking “Director” and inserting “appropriate Federal banking agency”;124 STAT. 1565(G) in subsection (p)—(i) in paragraph (1)—(I) by striking “Director determines” the 1st place such term appears and inserting “Board or the appropriate Federal banking agency for the savings association determines”;(II) by striking “Director may” and inserting “Board may”; and(III) by striking “Director determines” the 2nd place such term appears and inserting “Board, in consultation with the appropriate Federal banking agency for the savings association determines”; and(ii) in paragraph (2), by striking “Director”, each place such term appears, and inserting “Board”;(H) in subsection (q), by striking “Director”, each place such term appears, and inserting “Board”;(I) in subsection (r), by striking “Director”, each place such term appears, and inserting “Board or appropriate Federal banking agency”;(J) in subsection (s)—(i) in paragraph (2)—(I) in subparagraph (B)(ii), by striking “Director’s judgment” and inserting “judgment of the appropriate Federal banking agency for the savings association”; and(II) by striking “Director” each place that term appears and inserting “appropriate Federal banking agency for the savings association”; and(ii) in paragraph (4), by striking “Director” and inserting “Comptroller”; and(K) except as provided in subparagraphs (A) through (J), by striking “Director” each place that term appears and inserting “Board”;(9) in section 11 (12 U.S.C. 1468), by striking “Director” each place that term appears and inserting “appropriate Federal banking agency”;(10) in section 12 (12 U.S.C. 1468a), by striking “the Director” and inserting “a Federal banking agency”; and(11) in section 13 (12 U.S.C. 1468a) is amended by striking “Director” and inserting “a Federal banking agency”.
Pub. L. 111-203, tit. III, subtit. E, sec. 369: HOME OWNERS’ LOAN ACT. | Justis AI