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Important Banking Legislation

The most important laws that have affected the banking industry in the United States are listed below.

The Main Library of the FDIC, located at the FDIC offices in Washington, D.C., has legislative histories of these laws. These legislative histories help to provide a better understanding of lawmakers' intent for the purpose and scope of the laws. The public can make an appointment to use these materials by contacting the FDIC Library.

  • National Bank Act of 1864 (Chapter 106, 13 STAT. 99).
    Established a national banking system and the chartering of national banks.

  • Federal Reserve Act of 1913 (P.L. 63-43, 38 STAT. 251, 12 USC 221).
    Established the Federal Reserve System as the central banking system of the U.S.

  • To Amend the National Banking Laws and the Federal Reserve Act (P.L. 69-639, 44 STAT. 1224).
    Also known as The McFadden Act of 1927. Prohibited interstate banking.

  • Banking Act of 1933 (P.L. 73-66, 48 STAT. 162).
    Also known as the Glass-Steagall Act. Established the FDIC as a temporary agency. Separated commercial banking from investment banking, establishing them as separate lines of commerce.

  • Banking Act of 1935 (P.L. 74-305, 49 STAT. 684).
    Established the FDIC as a permanent agency of the government.

  • Federal Deposit Insurance Act of 1950 (P.L. 81-797, 64 STAT. 873).
    Revised and consolidated earlier FDIC legislation into one Act. Embodied the basic authority for the operation of the FDIC.

  • Bank Holding Company Act of 1956 (P.L. 84-511, 70 STAT. 133).
    Required Federal Reserve Board approval for the establishment of a bank holding company. Prohibited bank holding companies headquartered in one state from acquiring a bank in another state.

  • International Banking Act of 1978 (P.L. 95-369, 92 STAT. 607).
    Available from Library of Congress Thomas Website. Under Legislation, select Public Laws, then select the number of the Congress and find the Law by the P.L. number.
    Brought foreign banks within the federal regulatory framework. Required deposit insurance for branches of foreign banks engaged in retail deposit taking in the U.S.

  • Financial Institutions Regulatory and Interest Rate Control Act of 1978 (P.L. 95-630, 92 STAT. 3641).
    Available from Library of Congress Thomas Website. Under Legislation, select Public Laws, then select the number of the Congress and find the Law by the P.L. number.
    Also known as FIRIRCA. Created the Federal Financial Institutions Examination Council. Established limits and reporting requirements for bank insider transactions. Created major statutory provisions regarding electronic fund transfers.

  • Depository Institutions Deregulation and Monetary Control Act of 1980 (P.L. 96-221, 94 STAT. 132).
    Available from Library of Congress Thomas Website. Under Legislation, select Public Laws, then select the number of the Congress and find the Law by the P.L. number.
    Also known as DIDMCA. Established "NOW Accounts." Began the phase-out of interest rate ceilings on deposits. Established the Depository Institutions Deregulation Committee. Granted new powers to thrift institutions. Raised the deposit insurance ceiling to $100,000.

  • Depository Institutions Act of 1982 (P.L. 97-320, 96 STAT. 1469).
    Available from Library of Congress Thomas Website. Under Legislation, select Public Laws, then select the number of the Congress and find the Law by the P.L. number.
    Also known as Garn-St Germain. Expanded FDIC powers to assist troubled banks. Established the Net Worth Certificate program. Expanded the powers of thrift institutions.

  • Competitive Equality Banking Act of 1987 (P.L. 100-86, 101 STAT. 552).
    Available from Library of Congress Thomas Website. Under Legislation, select Public Laws, then select the number of the Congress and find the Law by the P.L. number.
    Also known as CEBA. Established new standards for expedited funds availability. Recapitalized the Federal Savings & Loan Insurance Company (FSLIC). Expanded FDIC authority for open bank assistance transactions, including bridge banks.

  • Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (P.L. 101-73, 103 STAT. 183).
    Available from Library of Congress Thomas Website. Under Legislation, select Public Laws, then select the number of the Congress and find the Law by the P.L. number.
    Also known as FIRREA. FIRREA's purpose was to restore the public's confidence in the savings and loan industry. FIRREA abolished the Federal Savings & Loan Insurance Corporation (FSLIC), and the FDIC was given the responsibility of insuring the deposits of thrift institutions in its place.

    The FDIC insurance fund created to cover thrifts was named the Savings Association Insurance Fund (SAIF), while the fund covering banks was called the Bank Insurance Fund (BIF).

    FIRREA also abolished the Federal Home Loan Bank Board. Two new agencies, the Federal Housing Finance Board (FHFB) and the Office of Thrift Supervision (OTS), were created to replace it.

    Finally, FIRREA created the Resolution Trust Corporation (RTC) as a temporary agency of the government. The RTC was given the responsibility of managing and disposing of the assets of failed institutions. An Oversight Board was created to provide supervisory authority over the policies of the RTC, and the Resolution Funding Corporation (RFC) was created to provide funding for RTC operations.

  • Crime Control Act of 1990 (P.L. 101-647, 104 STAT. 4789).
    Available from Library of Congress Thomas Website. Under Legislation, select Public Laws, then select the number of the Congress and find the Law by the P.L. number.
    Title XXV of the Crime Control Act, known as the Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990, greatly expanded the authority of Federal regulators to combat financial fraud.

    This act prohibited undercapitalized banks from making golden parachute and other indemnification payments to institution-affiliated parties. It also increased penalties and prison time for those convicted of bank crimes, increased the powers and authority of the FDIC to take enforcement actions against institutions operating in an unsafe or unsound manner, and gave regulators new procedural powers to recover assets improperly diverted from financial institutions.

  • Federal Deposit Insurance Corporation Improvement Act of 1991 (P.L. 102-242, 105 STAT. 2236).
    Available from Library of Congress Thomas Website. Under Legislation, select Public Laws, then select the number of the Congress and find the Law by the P.L. number.
    Also known as FDICIA. FDICIA greatly increased the powers and authority of the FDIC. Major provisions recapitalized the Bank Insurance Fund and allowed the FDIC to strengthen the fund by borrowing from the Treasury.

    The act mandated a least-cost resolution method and prompt resolution approach to problem and failing banks and ordered the creation of a risk-based deposit insurance assessment scheme. Brokered deposits and the solicitation of deposits were restricted, as were the non-bank activities of insured state banks. FDICIA created new supervisory and regulatory examination standards and put forth new capital requirements for banks. It also expanded prohibitions against insider activities and created new Truth in Savings provisions.

  • Housing and Community Development Act of 1992 (P.L. 102-550, 106 STAT. 3672).
    Available from Library of Congress Thomas Website. Under Legislation, select Public Laws, then select the number of the Congress and find the Law by the P.L. number.
    Established regulatory structure for government-sponsored enterprises (GSEs), combated money laundering, and provided regulatory relief to financial institutions.

  • RTC Completion Act (P.L. 103-204, 107 STAT. 2369).
    Available from Library of Congress Thomas Website. Under Legislation, select Public Laws, then select the number of the Congress and find the Law by the P.L. number.
    Requires the RTC to adopt a series of management reforms and to implement provisions designed to improve the agency's record in providing business opportunities to minorities and women when issuing RTC contracts or selling assets. Expands the existing affordable housing programs of the RTC and the FDIC by broadening the potential affordable housing stock of the two agencies.

    Increases the statute of limitations on RTC civil lawsuits from three years to five, or to the period provided in state law, whichever is longer. In cases in which the statute of limitations has expired, claims can be revived for fraud and intentional misconduct resulting in unjust enrichment or substantial loss to the thrift. Provides final funding for the RTC and establishes a transition plan for transfer of RTC resources to the FDIC. The RTC's sunset date is set at Dec. 31, 1995, at which time the FDIC will assume its conservatorship and receivership functions.

  • Riegle Community Development and Regulatory Improvement Act of 1994 (P.L. 103-325, 108 STAT. 2160).
    Available from Library of Congress Thomas Website. Under Legislation, select Public Laws, then select the number of the Congress and find the Law by the P.L. number.
    Established a Community Development Financial Institutions Fund, a wholly owned government corporation that would provide financial and technical assistance to CDFIs.

    Contains several provisions aimed at curbing the practice of "reverse redlining" in which non-bank lenders target low and moderate income homeowners, minorities and the elderly for home equity loans on abusive terms. Relaxes capital requirements and other regulations to encourage the private sector secondary market for small business loans.

    Contains more than 50 provisions to reduce bank regulatory burden and paperwork requirements. Requires the Treasury Dept. to develop ways to substantially reduce the number of currency transactions filed by financial institutions. Contains provisions aimed at shoring up the National Flood Insurance Program.

  • Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 (P.L. 103-328, 108 STAT. 2338).
    Available from Library of Congress Thomas Website. Under Legislation, select Public Laws, then select the number of the Congress and find the Law by the P.L. number.
    Permits adequately capitalized and managed bank holding companies to acquire banks in any state one year after enactment. Concentration limits apply and CRA evaluations by the Federal Reserve are required before acquisitions are approved. Beginning June 1, 1997, allows interstate mergers between adequately capitalized and managed banks, subject to concentration limits, state laws and CRA evaluations. Extends the statute of limitations to permit the FDIC and RTC to revive lawsuits that had expired under state statutes of limitations.

  • Economic Growth and Regulatory Paperwork Reduction Act of 1996 (P.L. 104-208, 110 STAT. 3009).
    (pdf version from Government Printing Office.)
    Modified financial institution regulations, including regulations impeding the flow of credit from lending institutions to businesses and consumers. Amended the Truth in Lending Act and the Real Estate Settlement Procedures Act of 1974 to streamline the mortgage lending process.

    Amended the FDIA to eliminate or revise various application, notice, and recordkeeping requirements to reduce regulatory burden and the cost of credit. Amended the Fair Credit Reporting Act to strengthen consumer protections relating to credit reporting agency practices.

    Established consumer protections for potential clients of consumer repair services. Clarified lender liability and federal agency liability issues under the CERCLA. Directed FDIC to impose a special assessment on depository institutions to recapitalize the SAIF, aligned SAIF assessment rates.

  • Gramm-Leach-Bliley Act of 1999 (P.L. 106-102, 113 STAT 1338)
    (pdf version from Government Printing Office.)
    Repeals last vestiges of the Glass Steagall Act of 1933. Modifies portions of the Bank Holding Company Act to allow affiliations between banks and insurance underwriters. While preserving authority of states to regulate insurance, the act prohibits state actions that have the effect of preventing bank-affiliated firms from selling insurance on an equal basis with other insurance agents. Law creates a new financial holding company under section 4 of the BHCA, authorized to engage in: underwriting and selling insurance and securities, conducting both commercial and merchant banking, investing in and developing real estate and other "complimentary activities." There are limits on the kinds of non-financial activities these new entities may engage in.

    Allows national banks to underwrite municipal bonds.

    Restricts the disclosure of nonpublic customer information by financial institutions. All financial institutions must provide customers the opportunity to "opt-out" of the sharing of the customers' nonpublic information with unaffiliated third parties. The Act imposes criminal penalties on anyone who obtains customer information from a financial institution under false pretenses.

    Amends the Community Reinvestment Act to require that financial holding companies can not be formed before their insured depository institutions receive and maintain a satisfactory CRA rating. Also requires public disclosure of bank-community CRA-related agreements. Grants some regulatory relief to small institutions in the shape of reducing the frequency of their CRA examinations if they have received outstanding or satisfactory ratings. Prohibits affiliations and acquisitions between commercial firms and unitary thrift institutions.

    Makes significant changes in the operation of the Federal Home Loan Bank System, easing membership requirements and loosening restrictions on the use of FHLB funds.

  • International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001* (P.L. 107-56)
    (pdf version from Government Printing Office.)
    Legislation designed to prevent terrorists and others from using the U.S. financial system anonymously to move funds obtained from or destined for illegal activity. It authorizes and requires additional record keeping and reporting by financial institutions and greater scrutiny of accounts held for foreign banks and of private banking conducted for foreign persons.

    The law requires financial institutions to establish anti-money laundering programs and imposes various standards on money-transmitting businesses. It amends criminal anti-money laundering statutes and procedures for forfeitures in money laundering cases and requires further cooperation between financial institutions and government agencies in fighting money laundering.

  • Sarbanes-Oxley Act of 2002 (P.L. 107-204)*
    (pdf version from Government Printing Office.)
    Sarbanes-Oxley establishes the Public Company Oversight Board to regulate public accounting firms that audit publicly traded companies. It prohibits such firms from providing other services to such companies along with the audit. It requires that CEOs and CFOs certify the annual and quarterly reports of publicly traded companies. The Act authorizes, and in some cases requires, that the Securities and Exchange Commission (SEC) issue rules governing audits.

    The law requires that insiders may no longer trade their company's securities during pension fund blackout periods. It mandates various studies including a study of the involvement of investment banks and financial advisors in the scandals preceding the legislation. Also included are whistle blower protections, new federal criminal laws, including a ban on alteration of documents.

  • Fair and Accurate Credit Transactions Act of 2003* (P.L. 108-159)
    (pdf version from Government Printing Office.)
    The Fair and Accurate Credit Transactions (FACT) Act contains extensive amendments to the Fair Credit Reporting Act and is designed to improve the accuracy and transparency of the national credit reporting system and preventing identity theft and assisting victims. It contains provisions enhancing consumer rights in situations involving alleged identity theft, credit scoring, and claims of inaccurate information. It requires use of consumer reports to provide certain information to consumers who are offered credit on terms that are materially less favorable than the offers that the creditor makes to a substantial portion of its consumers. Companies that share consumer information among affilitated companies, must provide consumers notice and an opt-out for sharing of such information if the information will be used for marketing purposes.

    * - Descriptions taken from "Major Statutes Affecting Financial Institutions and Markets", Congressional Research Service. July 7, 2004.


Last Updated 05/15/2007 library@fdic.gov

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