Source
(June 26, 1934, ch. 750, title II, § 206, as
added Pub.
L. 91–468, § 1(3), Oct. 19, 1970, 84
Stat. 1003; amended Pub.
L. 93–383, title VII, § 728, Aug. 22, 1974, 88
Stat. 720; Pub.
L. 95–22, title III, § 307, Apr. 19, 1977, 91
Stat. 52; Pub.
L. 95–630, title I, §§ 107(a)(4), (c)(4), (d)(4), (e)(4), 111 (d),
title V, § 502(b), Nov. 10, 1978, 92
Stat. 3652, 3656, 3659, 3663, 3670, 3681; Pub.
L. 97–320, title I, §§ 132, 141
(a)(8),
title IV, §§ 424(a), (d)(9), (e), 427 (c), Oct. 15, 1982, 96
Stat. 1487, 1489, 1522, 1523, 1525; Pub.
L. 98–369, div. B, title VIII, § 2812, July 18, 1984, 98
Stat. 1206; Pub.
L. 99–570, title I, § 1359(d), Oct. 27, 1986, 100
Stat. 3207–29; Pub.
L. 100–86, title V, § 509(a), title VII, §§ 709–713, Aug. 10,
1987, 101
Stat. 635, 653, 654; Pub.
L. 101–73, title IX, §§ 901(a), (b)(2), 902
(b),
903
(b),
904 (b), 905 (b), 906 (b), 907 (b), 908 (b), 913
(b),
915
(b),
920 (b), title XII, § 1217(b), Aug. 9, 1989, 103
Stat. 446, 448, 451, 455, 458, 460, 462, 464, 477, 484, 486, 488, 546;
Pub.
L. 101–647, title XXV, §§ 2523(b), 2532 (c), 2547 (b), Nov. 29,
1990, 104
Stat. 4870, 4881, 4887; Pub.
L. 102–233, title III, § 302(a), Dec. 12, 1991, 105
Stat. 1767; Pub.
L. 102–550, title XV, §§ 1501(b), 1503 (b), 1504 (b), Oct. 28,
1992, 106
Stat. 4044, 4050, 4053; Pub.
L. 103–325, title IV, § 411(c)(2)(B), Sept. 23, 1994, 108
Stat. 2253; Pub.
L. 105–219, title III, § 301(b)(1), (g)(1), (2), Aug. 7, 1998, 112
Stat. 930, 931.)
References in Text
The Depository Institution Management Interlocks Act,
referred to in subsec. (g)(2)(A)(iii), is title II of
Pub.
L. 95–630, Nov. 10, 1978,
92
Stat. 3672, as amended, which is classified principally to chapter 33
(§ 3201 et seq.) of this title. For complete classification of this Act
to the Code, see Short Title note set out under section
3201
of this title and Tables.
Section
1818
(b)(8)
of this title, referred to in subsec. (g)(7)(A)(ii), was redesignated
section
1818
(b)(9)
by
Pub.
L. 102–242, title I, § 131(c)(1), Dec. 19, 1991,
105
Stat. 2266.
The Farm Credit Act of 1971, referred to in subsec.
(g)(7)(A)(iv), (D)(ii), is
Pub.
L. 92–181, Dec. 10, 1971,
85
Stat. 583, as amended, which is classified generally to chapter 23
(§ 2001 et seq.) of this title. For complete classification of this Act
to the Code, see Short Title note set out under section
2001
of this title and Tables.
Amendments
1998—Subsec. (h)(1).
Pub.
L. 105–219, § 301(g)(2), inserted “or another (including, in the
case of a State-chartered insured credit union, the State official having
jurisdiction over the credit union)” after “appoint itself” in introductory
provisions.
Subsec. (h)(1)(F), (G).
Pub.
L. 105–219, § 301(b)(1)(A), added subpars. (F) and (G).
Subsec. (h)(2)(A).
Pub.
L. 105–219, § 301(b)(1)(B)(i), substituted “Except as provided in
subparagraph (C), in the case” for “In the case”.
Subsec. (h)(2)(C).
Pub.
L. 105–219, § 301(b)(1)(B)(ii), added subpar. (C).
Subsec. (k)(1).
Pub.
L. 105–219, § 301(g)(1)(A), inserted “or section
1790d
of this title” after “this section” in three places.
Subsec. (k)(2)(A)(ii).
Pub.
L. 105–219, § 301(g)(1)(B), inserted “, or any final order under
section
1790d
of this title” before semicolon at end.
1994—Subsecs. (h)(1)(C), (i)(1)(A)(ii), (v)(1)(B).
Pub.
L. 103–325 substituted “section
5322
or
5324
of title
31”
for “section
5322
of title
31”.
1992—Subsec. (g)(2).
Pub.
L. 102–550, § 1504(b)(1), amended par. (2) generally. Prior to
amendment, par. (2) read as follows: “Whenever, in the opinion of the Board,
any director, officer, or committee member of an insured credit union has
committed any violation of the Depository Institution Management Interlocks
Act, the Board may serve upon such director, officer, or committee member a
written notice of its intention to remove him from office.”
Subsec. (h)(1)(C) to (E).
Pub.
L. 102–550, § 1501(b), added subpar. (C) and redesignated former
subpars. (C) and (D) as (D) and (E), respectively.
Subsec. (i)(1).
Pub.
L. 102–550, § 1504(b)(2), amended par. (1) generally, subdividing
existing provisions into subpars. (A) to (D), and, in subpar. (A), including
violations under section
1956,
1957,
or
1960
of title
18
or section
5322
of title
31
as reason for suspension of any violator from further participation in the
affairs of the credit union.
Subsec. (v).
Pub.
L. 102–550, § 1503(b), added subsec. (v).
1990—Subsec. (j)(1).
Pub.
L. 101–647, § 2547(b)(2), which directed amendment of par. (1) by
striking out after first sentence “Such hearing shall be private, unless the
Board, in its discretion, after fully considering the views of the party
afforded the hearing, determines that a public hearing is necessary to
protect the public interest.” was executed by striking out “Such hearing
shall be private unless the Board, in its discretion, after fully
considering the views of the party afforded the hearing, determines that a
public hearing is necessary to protect the public interest.” as the probable
intent of Congress.
Subsec. (s).
Pub.
L. 101–647, § 2547(b)(1), amended subsec. (s) generally. Prior to
amendment, subsec. (s) read as follows:
“(1) In general.—The Board shall publish and make
available to the public—
“(A) any final order issued with respect to any
administrative enforcement proceeding initiated by such agency under this
section or any other provision of law; and
“(B) any modification to or termination of any final
order described in subparagraph (A).
“(2) Delay of publication under exceptional
circumstances.—If the Board makes a determination in writing that the
publication of any final order pursuant to paragraph (1) would seriously
threaten the safety or soundness of an insured credit union or other
federally regulated depository institution, the Board may delay the
publication of such order for a reasonable time.”
Subsec. (t).
Pub.
L. 101–647, § 2523(b), added subsec. (t).
Subsec. (u).
Pub.
L. 101–647, § 2532(c), added subsec. (u).
1989—Subsec. (e)(1).
Pub.
L. 101–73, § 901(b)(2)(A), (B), substituted references to
institution-affiliated parties for references to directors, officers,
committee members, agents, or other persons participating in the conduct of
the affairs of credit unions.
Subsec. (e)(3), (4).
Pub.
L. 101–73, § 902(b)(1), added pars. (3) and (4).
Subsec. (f)(1).
Pub.
L. 101–73, § 902(b)(2)(B), substituted “significant” for
“substantial”, struck out “seriously” before “weaken the condition of” and
before “prejudice the interests of”, and inserted after first sentence “Such
order may include any requirement authorized under subsection (e)(3)(B) of
this section.”
Pub.
L. 101–73, § 901(b)(2)(B), (C), substituted references to
institution-affiliated parties for references to directors, officers,
committee members, employees, agents, or other persons participating in the
conduct of the affairs of credit unions.
Subsec. (f)(2).
Pub.
L. 101–73, § 901(b)(2)(B), substituted references to
institution-affiliated parties for references to directors, officers,
committee members, employees, agents, or other persons participating in the
conduct of the affairs of credit unions.
Subsec. (f)(3), (4).
Pub.
L. 101–73, § 902(b)(2)(A), (C), added par. (3) and redesignated
former par. (3) as (4).
Subsec. (g)(1).
Pub.
L. 101–73, § 903(b)(1), amended par. (1) generally. Prior to
amendment, par. (1) read as follows: “Whenever, in the opinion of the Board,
any director, officer, committee member, or employee of an insured credit
union has committed any violation of law, rule, or regulation, or of a
cease-and-desist order which has become final, or has engaged or
participated in any unsafe or unsound practice in connection with the credit
union, or has committed or engaged in any act, omission, or practice which
constitutes a breach of his fiduciary duty as such director, officer,
committee member, or employee and the Board determines that the credit union
has suffered or will probably suffer substantial financial loss or other
damage or that the interests of its insured members could be seriously
prejudiced by reason of such violation or practice or breach of fiduciary
duty, the Board may serve upon such director, officer, committee member, or
employee a written notice of its intention to remove him from office.”
Subsec. (g)(2).
Pub.
L. 101–73, § 903(b)(2), redesignated par. (3) as (2) and struck out
former par. (2) which read as follows: “Whenever, in the opinion of the
Board, any director, officer, committee member, or employee of an insured
credit union, by conduct or practice with respect to another insured credit
union or other business institution which resulted in substantial financial
loss or other damage, has evidenced his personal dishonesty or unfitness to
continue as a director, officer, committee member, or employee, and,
whenever, in the opinion of the Board, any agent or other person
participating in the conduct of the affairs of an insured credit union, by
conduct or practice with respect to such credit union or other insured
credit union or other business institution which resulted in substantial
financial loss or other damage, has evidenced his personal dishonesty or
unfitness to participate in the conduct of the affairs of such insured
credit union, the Board may serve upon such director, officer, committee
member, employee, agent, or other person a written notice of its intention
to remove him from office and/or to prohibit his further participation in
any manner in the conduct of the affairs of such credit union.”
Subsec. (g)(3).
Pub.
L. 101–73, § 903(b)(2), added par. (3). Former par. (3)
redesignated (2).
Subsec. (g)(4).
Pub.
L. 101–73, § 903(b)(2), redesignated par. (5) as (4) and struck out
former par. (4) which provided for temporary suspension from office or
prohibition from further participation in credit union activities.
Subsec. (g)(5).
Pub.
L. 101–73, § 903(b)(2), (3), added par. (5). Former par. (5)
redesignated (4).
Subsec. (g)(6).
Pub.
L. 101–73, § 903(b)(4), substituted “credit union under paragraph
(3)” for “credit union under paragraph (4)” and “person under paragraph (1)
or (2)” for “person under paragraph (1), (2), or (3)”.
Subsec. (g)(7).
Pub.
L. 101–73, § 904(b), amended par. (7) generally, revising and
restating as subpars. (A) to (F) provisions of former subpars. (A) and (B).
Subsec. (h)(3).
Pub.
L. 101–73, § 1217(b), inserted at end “Except as provided in this
paragraph, no court may take any action, except at the request of the Board
by regulation or order, to restrain or affect the exercise of powers or
functions of the Board as conservator.”
Subsec. (i)(1).
Pub.
L. 101–73, § 906(b), struck out “authorized by a United States
attorney” after “is charged in any information, indictment, or complaint”,
and substituted “or an agreement to enter a pre-trial diversion or other
similar program” for “with respect to such crime” after “judgment of
conviction”.
Pub.
L. 101–73, § 901(b)(2)(D)(i)–(iv), (vi), substituted references to
institution-affiliated parties for references to directors, committee
members, or officers of insured credit unions, or other persons
participating in the conduct of the affairs of credit unions, and
substituted “whereupon such party (if a director, a committee member, or an
officer)” for “whereupon such director, committee member, or officer”.
Pub.
L. 101–73, § 901(b)(2)(D)(v), which directed the substitution of
“party” for “director, officer or other person” could not be executed
because “director, officer or other person” does not appear in par. (1).
Subsec. (i)(3).
Pub.
L. 101–73, § 901(b)(2)(E)(i)–(iv), substituted references to
institution-affiliated parties for references to directors, committee
members, officers, or other persons.
Pub.
L. 101–73, § 901(b)(2)(E)(v), which directed the substitution of
“such party” for “said director, committee member, officer or other person”
was executed by making the substitution for “said director, committee
member, officer, or other person” after “whether the order removing” in
third sentence to reflect the probable intent of Congress.
Subsec. (j)(2).
Pub.
L. 101–73, § 920(b), substituted “Any party to any proceeding under
paragraph (1)” for “Any party to the proceeding, or any person required by
an order issued under this section to cease and desist from any of the
practices or violations stated therein,”.
Pub.
L. 101–73, § 901(b)(2)(F), substituted “institution-affiliated
party” for “director, officer, committee member, or other person”.
Subsec. (k)(2).
Pub.
L. 101–73, § 907(b), in amending par. (2) generally, designated
existing provisions as cls. (i) to (iv), substituted provisions imposing a
fine of $5,000 per day for violation of any law or regulation, a final or
temporary order, any condition imposed in writing, or any written agreement
for provisions imposing a fine of $1,000 per day for violation of any final
order, authorizing the penalizing agency to compromise or modify such
penalty, providing for assessment and collection of such penalty by written
notice, and defining “violates”, and added subpars. (B) to (L).
Subsec. (k)(3).
Pub.
L. 101–73, § 905(b), added par. (3).
Subsec. (l).
Pub.
L. 101–73, § 908(b), amended subsec. (l) generally. Prior to
amendment, subsec. (l) read as follows: “Any director, officer, or committee
member, or former director, officer, or committee member, of an insured
credit union or of a credit union any of the member accounts of which are
insured, or any other person against whom there is outstanding and effective
any notice or order (which is an order which has become final) served upon
such director, officer, committee member, or other person under subsections
(g)(4), (g)(5), or (i) of this section and who (i) participates in any
manner in the conduct of the affairs of the credit union involved, or
directly or indirectly solicits or procures, or transfers or attempts to
transfer, or votes or attempts to vote, any proxies, consents, or
authorizations in respect of any voting rights in such credit union, or (ii)
without the prior written approval of the Board votes for a director, serves
or acts as a director, officer, committee member, or employee of any credit
union, shall upon conviction be fined not more than $5,000 or imprisoned for
not more than one year, or both.”
Subsec. (o).
Pub.
L. 101–73, § 901(b)(2)(G), substituted “institution-affiliated
party” for “director, officer, committee member or other person
participating in the conduct of its affairs”.
Subsec. (p).
Pub.
L. 101–73, § 915(b), in first sentence, inserted “or in connection
with any claim for insured deposits or any examination or investigation
under section
1784
(b)
of this title” after “any proceeding under this section”, “, in conducting
the proceeding, examination, or investigation or considering the claim for
insured deposits,” after “section, the Board”, and “, claims, examinations,
or investigations” before period at end.
Subsec. (r).
Pub.
L. 101–73, § 901(a), added subsec. (r).
Subsec. (s).
Pub.
L. 101–73, § 913(b), added subsec. (s).
1987—
Pub.
L. 100–86, § 509(a), repealed
Pub.
L. 97–320, § 141. See 1982 Amendment notes below.
Subsec. (g)(1).
Pub.
L. 100–86, § 709(1), substituted “committee member, or employee”
for “or committee member” in three places.
Subsec. (g)(2).
Pub.
L. 100–86, § 709(2)–(4), substituted “committee member, or
employee” for “or committee member” in two places, substituted “any agent or
other person” for “any other person”, and inserted “employee, agent,” before
“or other person”.
Subsec. (g)(7).
Pub.
L. 100–86, § 710, added par. (7).
Subsec. (h)(1)(C), (D).
Pub.
L. 100–86, § 711, added subpars. (C) and (D).
Subsec. (h)(2)(B).
Pub.
L. 100–86, § 712, substituted “30” for “ninety”.
Subsec. (h)(8), (9).
Pub.
L. 100–86, § 713, added par. (8) and redesignated former par. (8)
as (9).
1986—Subsec. (k)(2)(A).
Pub.
L. 99–570, § 1359(d)(2), inserted reference to subsec. (q) of this
section.
Subsec. (q).
Pub.
L. 99–570, § 1359(d)(1), added subsec. (q).
1984—Subsec. (d)(1).
Pub.
L. 98–369 inserted “(1)” after “subsection (a)”, “maintain its deposit
with and”, and provisions relating to termination of insured status and the
obtaining of comparable insurance coverage from another source.
1982—Subsec. (b)(2).
Pub.
L. 97–320, § 132(b), substituted “subsection (j)” for “subsection
(i)”.
Pub.
L. 97–320, § 141(a)(8), which directed that, effective Oct. 13,
1986, the provisions of law amended by section 132 of
Pub.
L. 97–320 shall be amended to read as they would without such amendment,
was repealed by
Pub.
L. 100–86, § 509(a). See Effective and Termination Dates of 1982
Amendment note and Extension of Emergency Acquisition and Net Worth
Guarantee Provisions of
Pub.
L. 97–320 note set out under section
1464
of this title.
Subsec. (g)(3) to (6).
Pub.
L. 97–320, § 427(c)(1), added par. (3); redesignated former pars.
(3) to (5) as (4) to (6), respectively; inserted reference to par. (3) in
two places and substituted reference to par. (6) for par. (5) in par. (4);
and inserted reference to par. (3) and substituted reference to par. (4) for
par. (3) in par. (6).
Subsecs. (h), (i).
Pub.
L. 97–320, § 132(a), added subsec. (h) and redesignated former
subsecs. (h) and (i) as (i) and (j), respectively.
Pub.
L. 97–320, § 141(a)(8), which directed that, effective Oct. 13,
1986, the provisions of law amended by section 132 of
Pub.
L. 97–320 shall be amended to read as they would without such amendment,
was repealed by
Pub.
L. 100–86, § 509(a). See Effective and Termination Dates of 1982
Amendment note and Extension of Emergency Acquisition and Net Worth
Guarantee Provisions of
Pub.
L. 97–320 note set out under section
1464
of this title.
Subsec. (j).
Pub.
L. 97–320, § 132(a), (c), (d), redesignated former subsec. (i) as
(j), substituted “subsection (i)(3)” for “subsection (h)(3)” in first
sentence and “subsection (j)” for “subsection (i)” in fourth sentence of
par. (1), and substituted “subsection (i)(1)” for “subsection (h)(1)” after
“an order issued under” in par. (2). Former subsec. (j) redesignated (k).
Pub.
L. 97–320, § 141(a)(8), which directed that, effective Oct. 13,
1986, the provisions of law amended by section 132 of
Pub.
L. 97–320 shall be amended to read as they would without such amendment,
was repealed by
Pub.
L. 100–86, § 509(a). See Effective and Termination Dates of 1982
Amendment note and Extension of Emergency Acquisition and Net Worth
Guarantee Provisions of
Pub.
L. 97–320 note set out under section
1464
of this title.
Subsec. (k).
Pub.
L. 97–320, § 132(a)(1), redesignated former subsec. (j) as (k).
Former subsec. (k) redesignated (l).
Pub.
L. 97–320, § 141(a)(8), which directed that, effective Oct. 13,
1986, the provisions of law amended by section 132 of
Pub.
L. 97–320 shall be amended to read as they would without such amendment,
was repealed by
Pub.
L. 100–86, § 509(a). See Effective and Termination Dates of 1982
Amendment note and Extension of Emergency Acquisition and Net Worth
Guarantee Provisions of
Pub.
L. 97–320 note set out under section
1464
of this title.
Subsec. (k)(2)(A), (D).
Pub.
L. 97–320, § 424(a), (d)(9), (e), which directed insertion of
proviso giving Board authority to compromise, etc., any civil money penalty
imposed under this subsection and substitution of “may be assessed” for
“shall be assessed” in subsec. (j)(2)(A), and substitution of “twenty days
from the service” for “ten days from the date” in subsection (j)(2)(D), was
executed to subsec. (k)(2)(A), (D) to reflect the probable intent of
Congress and the redesignation of subsec. (j) as (k) by section 132(a)(1) of
Pub.
L. 97–320.
Subsec. (l).
Pub.
L. 97–320, § 132(a)(1), (e), redesignated former subsec. (k) as (l)
and substituted “(i)” for “(h)” after “(g)(3), (g)(4), or”. Former subsec.
(l) redesignated (m).
Pub.
L. 97–320, § 141(a)(8), which directed that, effective Oct. 13,
1986, the provisions of law amended by section 132 of
Pub.
L. 97–320 shall be amended to read as they would without such amendment,
was repealed by
Pub.
L. 100–86, § 509(a). See Effective and Termination Dates of 1982
Amendment note and Extension of Emergency Acquisition and Net Worth
Guarantee Provisions of
Pub.
L. 97–320 note set out under section
1464
of this title.
Pub.
L. 97–320, § 427(c)(2), which directed substitution of reference to
subsec. (g)(5) for subsec. (g)(3) in subsec. (k), was executed to subsec.
(l) to reflect the probable intent of Congress and the redesignation of
subsec. (k) as (l) by section 132(a)(1) of
Pub.
L. 97–320.
Subsec. (m).
Pub.
L. 97–320, § 132(a)(1), (f), redesignated former subsec. (l) as (m)
and substituted “subjection (j)” for “subsection (i)” after “paragraph (2)
of” and “subsection (i)” for “subsection (h)” after “an order issued under”.
Former subsec. (m) redesignated (n).
Pub.
L. 97–320, § 141(a)(8), which directed that, effective Oct. 13,
1986, the provisions of law amended by section 132 of
Pub.
L. 97–320 shall be amended to read as they would without such amendment,
was repealed by
Pub.
L. 100–86, § 509(a). See Effective and Termination Dates of 1982
Amendment note and Extension of Emergency Acquisition and Net Worth
Guarantee Provisions of
Pub.
L. 97–320 note set out under section
1464
of this title.
Subsecs. (n) to (p).
Pub.
L. 97–320, § 132(a)(1), redesignated former subsecs. (m) to (o) as
(n) to (p), respectively.
Pub.
L. 97–320, § 141(a)(8), which directed that, effective Oct. 13,
1986, the provisions of law amended by section 132 of
Pub.
L. 97–320 shall be amended to read as they would without such amendment,
was repealed by
Pub.
L. 100–86, § 509(a). See Effective and Termination Dates of 1982
Amendment note and Extension of Emergency Acquisition and Net Worth
Guarantee Provisions of
Pub.
L. 97–320 note set out under section
1464
of this title.
1978—Subsecs. (a) to (d).
Pub.
L. 95–630, § 502(b), substituted “Board” for “Administrator”
wherever appearing, and “it” and “its” for “he” and “his”, respectively,
where appropriate.
Subsec. (e).
Pub.
L. 95–630, §§ 107(a)(4),
502
(b),
substituted “Board” for “Administrator” wherever appearing, and in par. (1)
extended coverage of provisions to include directors, officers, committee
members, employees, agents, or other persons participating in the conduct of
the affairs of any insured credit union or credit union which has insured
accounts.
Subsec. (f).
Pub.
L. 95–630, §§ 107(c)(4),
502
(b),
substituted “Board” for “Administrator” wherever appearing, inserted
references to any director, officer, committee member, employee, agent, or
other person participating in the conduct of the affairs of the credit
union, and inserted in par. (1) “prior to the completion of the proceedings
conducted pursuant to paragraph (1) of subsection (e) of this section” after
“its insured members” and “and to take affirmative action to prevent such
insolvency, dissipation, condition, or prejudice pending completion of such
proceedings” after “violation or practice”.
Subsec. (g).
Pub.
L. 95–630, §§ 107(d)(4),
502
(b),
substituted “Board” for “Administrator” wherever appearing, in pars. (1),
(2) “its” for “his”, in par. (3) “it” for “he”, “or prohibit him” for
“and/or prohibit him”, “suspension or prohibition” for “suspension and/or
prohibition”, and “removal and prohibition” for “removal and/or
prohibition”, and in par. (4) “or to prohibit” for “and/or to prohibit”,
“removal or prohibition” for “removal and/or prohibition”, and “or
prohibition” for “and/or prohibition”.
Subsec. (h).
Pub.
L. 95–630, §§ 111(d)(1),
502
(b),
among other changes, substituted “Board” for “Administrator” wherever
appearing, in par. (1) substituted “Crime” for “felony” in two places and
“subsection (g) of this section” for “paragraph (1) or (2) of subsection (g)
of this section”, inserted “which is punishable by imprisonment for a term
exceeding one year under State or Federal law” after “or breach of trust”
and “, if continued service or participation by the individual may pose a
threat to the interests of the credit union’s members or may threaten to
impair public confidence in the credit union” after “the Board may” in two
places, and inserted provision that any notice of suspension or order of
removal issued under this paragraph remain effective and outstanding until
the completion of any hearing or appeal authorized under paragraph (3)
hereof unless terminated by the Board, and added par. (3).
Subsec. (i).
Pub.
L. 95–630, §§ 111(d)(2), (3),
502
(b),
substituted “Board” for “Administrator” wherever appearing, in par. (1)
substituted “its” for “his” and “it” for “he” and “him” and inserted “(other
than the hearing provided for in subsection (h)(3) of this section)” after
“provided for in this section”, and in par. (2) substituted “subsection
(h)(1)” for “subsection (h)”.
Subsec. (j).
Pub.
L. 95–630, §§ 107(e)(4),
502
(b),
designated existing provisions as par. (1), added par. (2), and substituted
“Board” for “Administrator” wherever appearing and “its” for “his” in par.
(1).
Subsecs. (k) to (o).
Pub.
L. 95–630, § 502(b), substituted “Board” for “Administrator”
wherever appearing.
1977—Subsec. (g)(1).
Pub.
L. 95–22, § 307(a), struck out “and that such violation or practice
or breach of fiduciary duty is one involving personal dishonesty on the part
of such director, officer, or committee member” after “or breach of
fiduciary duty”.
Subsec. (g)(2).
Pub.
L. 95–22, § 307(b), substituted “dishonesty or unfitness” for
“dishonesty and unfitness” wherever appearing.
1974—Subsec. (a).
Pub.
L. 93–383, § 728(a), designated existing provisions as par. (1) and
added par. (2).
Subsec. (c).
Pub.
L. 93–383, § 728(b), inserted “(1)” after “(a)”.
Subsec. (d).
Pub.
L. 93–383, § 728(c), designated existing provisions as par. (1) and
added pars. (2) and (3).
Change of Name
Oversight Board redesignated Thrift Depositor Protection
Oversight Board, effective Feb. 1, 1992, see section 302(a) of
Pub.
L. 102–233, set out as a note under section
1441a
of this title. Thrift Depositor Protection Oversight Board abolished, see
section
14
(a)–(d)
of
Pub.
L. 105–216, set out as a note under section
1441a
of this title.
Effective Date of 1992 Amendment
Section 1501(c) of
Pub.
L. 102–550 provided that: “The amendments made by this section [amending
this section and section
1821
of this title] shall take effect on December 20, 1992.”
Effective Date of 1989 Amendment
Section 903(e) of
Pub.
L. 101–73 provided that: “The amendments made by this section [amending
this section and section
1818
of this title] shall apply with respect to violations committed and
activities engaged in after the date of the enactment of this Act [Aug. 9,
1989].”
Effective Date of 1978 Amendment
Amendment by sections
107
(a)(4),
(c)(4), (d)(4), and 111 (d)(1)–(3) of
Pub.
L. 95–630 effective upon expiration of 120 days after Nov. 10, 1978, see
section 2101 of
Pub.
L. 95–630, set out as an Effective Date note under section
375b
of this title.
Amendment by section 107(e)(4) of
Pub.
L. 95–630 applicable to violations occurring or continuing after Nov.
10, 1978, see section 109 of
Pub.
L. 95–630, set out as a note under section
93
of this title.
Amendment by section 502(b) of
Pub.
L. 95–630 effective on expiration of 120 days after Nov. 10, 1978, and
transitional provisions, see section 509 of
Pub.
L. 95–630, set out as a note under section
1752
of this title.
Effective Date of Regulations Prescribed Under 1986
Amendment
The regulations required to be prescribed under
amendment by
Pub.
L. 99–570 effective at end of 3-month period beginning on October 27,
1986, see section 1364(e) of
Pub.
L. 99–570, set out as a note under section
1464
of this title.
Extension of Emergency Acquisition and Net Worth Guarantee
Provisions of Pub. L. 97–320
No amendment made by section 141(a) of
Pub.
L. 97–320, set out as a note under section
1464
of this title, as in effect before Aug. 10, 1987, to any other provision of
law to be deemed to have taken effect before such date and any such
provision of law to be in effect as if no such amendment had been made
before such date, see section 509(c) of
Pub.
L. 100–86, set out as a note under section
1464
of this title.
No amendment made by section 141(a) of
Pub.
L. 97–320, set out as a note under section
1464
of this title, as in effect on the day before Oct. 8, 1986, to any other
provision of law to be deemed to have taken effect before such date and any
such provision of law to be in effect as if no such amendment had taken
effect before such date, see section 1(c) of
Pub.
L. 99–452, set out as a note under section
1464
of this title.
Section 141(a) of
Pub.
L. 97–320, set out as a note under section
1464
of this title, as in effect on the day after Aug. 27, 1986, applicable as if
included in
Pub.
L. 97–320 on Oct. 15, 1982, with no amendment made by such section to
any other provision of law to be deemed to have taken effect before Aug. 27,
1986, and any such provision of law to be in effect as if no such amendment
had taken effect before Aug. 27, 1986, see section 1(c) of
Pub.
L. 99–400, set out as a note under section
1464
of this title.
Section Referred to in Other Sections
This section is referred to in sections 1759,
1772d,
1782,
1784,
1787,
3349,
3420
of this title; title 11
section 101;
title 15
section 57a;
title 31
sections 3121,
9110;
title 42
section 669a.