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    Economic Growth And Regulatory Paperwork

    Reduction Act of 1996

    Title II of the Omnibus Consolidated Appropriations Act for FY 1997
    Public Law 104-208

    Signed into Law on September 30, 1996


    (As Reprinted in the Congressional Record, H11749-H11775, Sept. 28, 1996)

     

    [This summary was prepared by Law Department Staff, and does not necessarily reflect the views of the Comptroller or the OCC. Questions and comments may be directed to the Legislative and Regulatory Activities Division of the Office of the Comptroller of the Currency (202) 874-5090.]

     

    TABLE OF CONTENTS

    Subtitle A -- Streamlining the Home Mortgage Lending Process

    Sec. 2101.     Simplification and Unification of Disclosures Required Under RESPA and TILA for Mortgage Transactions.

    Sec. 2102.     General Exemption Authority for Loans

    Sec. 2103.     Reductions in RESPA Regulatory Burdens

    Sec. 2104.     Waiver for Certain Borrowers

    Sec. 2105.     Alternative Disclosures for Adjustable Rate Mortgages

    Sec. 2106.     Restitution for Violations of TILA

    Sec. 2107.     Limitation on Liability Under TILA

    Subtitle B -- Streamlining Government Regulations -- Chapter 1

    Chapter 1 -- Eliminating Unnecessary Regulatory Requirements and Procedures

    Sec. 2201.     Elimination of Redundant Approval Requirement for Oakar Transactions

    Sec. 2203.     Elimination of Duplicative Requirements Imposed Upon Bank Holding Companies
    [NOTE: This section number is a drafting error. It should be "Sec. 2202," with the following section numbers renumbered accordingly.]

    Sec. 2204.     Elimination of the Per Branch Capital Requirement For National Banks And State Member Banks

    Sec. 2205.     Elimination of Branch Application Requirements For ATMs

    Sec. 2206.     Elimination of Requirement for Approval of Investments in Bank Premises For Well Capitalized and Well Managed Banks

    Sec. 2207.     Elimination of Approval Requirement For Divestitures

    Sec. 2208.     Streamlined Nonbanking Acquisitions by Well Capitalized and Well Managed Banking Organizations

    Sec. 2209.     Elimination of Unnecessary Filing for Officer and Director Appointments

    Sec. 2210.     Amendments to the DIMIA

    Sec. 2211.     Elimination of Recordkeeping and Reporting Requirements For Officers

    Sec. 2212.     Repayment of Treasury Loan

    Sec. 2213.     Branch Closures.

    Sec. 2214.     Foreign Banks.

    Sec. 2215.     Disposition of Foreclosed Assets

    Sec. 2216.     Exemption Authority for Antitying Provision

    Sec. 2217.     FDIC Approval of New State Bank Powers

    Subtitle B -- Chapters 2 and 3

    Chapter 2 -- Eliminating Unnecessary Regulatory Burdens

    Sec. 2221.     Small Bank Examination Cycle

    Sec. 2222.     Required Review of Regulations

    Sec. 2223.     Repeal of Identification of Nonbank Financial Institution Customers

    Sec. 2224.     Repeal of Certain Reporting Requirements

    Sec. 2225.     Increase in Home Mortgage Disclosure Exemption Threshold

    Sec. 2226.     Elimination of Stock Loan Reporting Requirement

    Sec. 2227.     Credit Availability Assessment.

    Chapter 3 -- Regulatory Micromanagement

    Sec. 2241.     National Bank Directors

    Sec. 2242.     Paperwork Reduction Review

    Sec. 2243.     State Bank Representation on Board of Directors of the FDIC

    Sec. 2244.     Consultation Among Examiners

     

    Subtitle C -- Regulatory Impact on Cost of Credit and Credit Availability

    Sec. 2301.     Audit Costs

    Sec. 2302.     Incentives for Self-Testing

    Sec. 2303.     Qualified Thrift Investment Amendments

    Sec. 2304.     Limited Purpose Banks

    Sec. 2305.     Amendments to Fair Debt Collection Practices Act

    Sec. 2306.     Increase in Certain Credit Union Loan Ceilings

    Sec. 2307.     Bank Investments in Edge Act and Agreement Corporations

     

    Subtitle D -- Consumer Credit

    Chapter 1 -- Credit Reporting Reform

    Sec. 2402.     Definitions (of Consumer Report)

    Sec. 2403.     Furnishing Consumer Reports; Use for Employment Purposes

    Sec. 2404.     Use of Consumer Reports for Prescreening; Prohibitionon Unauthorized or Uncertified Use of Information

    Sec. 2405.     Consumer Consent Required to Furnish Consumer Report Containing Medical Information

    Sec. 2406.     Obsolete Information and Information Contained in Consumer Reports

    Sec. 2407.     Compliance Procedures

    Sec. 2408.     Consumer Disclosures

    Sec. 2409.     Procedures in Case of the Disputed Accuracy of Any Information in a Consumer's File

    Sec. 2410.     Charges for Certain Disclosures

    Sec. 2411.     Duties of Users of Consumer Reports

     

    Subtitle D, sections 2412, et seq.

    Sec. 2412.     Civil Liability

    Sec. 2413.     Responsibilities of Persons Who Furnish Information to Consumer Reporting Agencies

    Sec. 2414.     Investigative Consumer Reports

    Sec. 2415.     Increased Criminal Penalties for Obtaining Information Under False Pretenses

    Sec. 2416.     Administrative Enforcement

    Sec. 2417.     State Enforcement of Fair Credit Reporting Act

    Sec. 2418.     Federal Reserve Board Authority

    Sec. 2419.     Preemption of State Law

    Sec. 2420.     Effective Date

    Sec. 2421.     Relationship to Other Law

    Sec. 2422.     Federal Reserve Board Study

    Chapter 2 -- Credit Repair Organizations

    Sec. 2451.     Regulation of Credit Repair Organizations

    Sec. 2452.     Credit Worthiness

     

    Subtitle E -- Asset Conservation, Lender Liability, and Deposit Insurance Protection

    Sec. 2502.     CERCLA Lender and Fiduciary Liability Limitations Amendments

    Sec. 2503.     Conforming Amendments

    Sec. 2504.     Lender Liability Rule

    Sec. 2505.     Effective Date

    Subtitle F -- Miscellaneous

    Sec. 2601.     Federal Reserve Board Study

    Sec. 2602.     Treatment of Claims Arising From Breach of Contracts Executed by the Receiver or Conservator

    Sec. 2603.     Criminal Sanctions for Fictitious Financial Instruments and Counterfeiting

    Sec. 2604.     Amendments to the Truth-in-Savings Act

    Sec. 2605.     Consumer Leasing Act Amendments

    Sec. 2606.     Study of Corporate Credit Unions

    Sec. 2607.     Report on the Reconciliation of Differences Between RAAP and GAAP

    Sec. 2608.     State-by-State and Metropolitan Area-by-Metropolitan Area Study of Bank Fees

    Sec. 2609.     Prospective Application of Gold Clauses in Contracts

    Sec. 2610.     Qualified Family Partnerships

    Sec. 2611.     Cooperative Efforts Between Depository Institutions and Farmers and Ranchers in Drought-Stricken Areas

    Sec. 2612.     Streamlining Process for Determining New Nonbanking Activities

    Sec. 2613.     Authorizing Bank Service Companies to Organize as Limited Liability Companies

    Sec. 2614.     Retirement Certificates of Deposit

    Sec. 2615.     Prohibitions on Certain Depository Institution Associations with Government-Sponsored Enterprises

     

    Subtitle G -- Deposit Insurance Funds

    Sec. 2702.     Special Assessment to Capitalize SAIF

    Sec. 2703.     Financing Corporation Funding

    Sec. 2704.     Merger of BIF and SAIF

    Sec. 2705.     Creation of SAIF Special Reserve

    Sec. 2706.     Refund of Amounts in Deposit Insurance Fund in Excess of Designated Reserve Amount

    Sec. 2707.     Assessment Rates for SAIF Members May Not Be Less than Assessment Rates for BIF Members

    Sec. 2708.     Assessments Authorized Only If Needed to Maintain the Reserve Ratio of a Deposit Insurance Fund

    Sec. 2709.     Treasury Study of Common Depository Institution Charter

    Sec. 2710.     Definitions

    Sec. 2711.     Deduction for Special Assessment

     

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