Page:United States Statutes at Large Volume 92 Part 3.djvu/1045

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-630—NOV. 10, 1978

92 STAT. 3677

the assuming or resulting bank shall give notice of such assumption to each of the depositors of the bank whose liabilities are so assumed within thirty days after such assumption takes effect. Where the deposits of an insured bank are assumed by a newly insured bank, the bank whose deposits are assumed shall not be required to pay any assessment upon the deposits which have been so assumed after the semiannual period in which the assumption takes effect.". SEC. 305. (a) Section 10(b) of the Federal Deposit Insurance Act (12 U.S.C. 1820(b)) is amended by inserting "or other institution" in the first sentence after the words "any State nonmember bank" and by striking out the last two sentences of that subsection. (b) Section 10(c) and (d) of the Federal Deposit Insurance Act (12 tJ.S.C 1820 (c) and (d)) are amended to read as follows: "(c) In connection with examinations of insured banks, State nonmember banks or other institutions making application to become insured banks, and affiliates thereof, or with other types of investigations to determine compliance with applicable law and regulations, the appropriate Federal banking agency, or its designated representatives, are authorized to administer oaths and affirmations, and to examine and to take and preserve testimony under oath as to any matter in respect to the affairs or ownership of any such bank or institution or affiliate thereof, and to exercise such other powers as are set forth in section 8(n) of this Act. "(d) For purposes of this section, the term 'affiliate' shall have the "Affiliate" and same meaning as in section 23A of the Federal Reserve Act, except that "member bank." the term 'member bank' in such section 23A and in section 2(b) of the 12 USC 371c. Banking Act of 1933 shall be deemed to refer to an insured bank.". 12 USC 221a, SEC. 306. Section 18(c)(1)(B) of the Federal Deposit Insurance Act (12 U.S.C. 1828(c)(1)(B)) is amended by inserting after the word "deposits" the following: "(including liabilities which would be 'deposits' except for the proviso in section 3(1)(5) of this Act)". ^^ ^^^ ^^^^ SEC. 307. Section 1114 of title 18, United States Code, is amended by inserting before "shall be punished" the following: "or any attorney, liquidator, examiner, claim agent, or other employee of the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, the Comptroller of the Currency, the Federal Home Loan Bank Board, the Board of Governors of the Federal Reserve System, any Federal Reserve bank, or the National Credit Union Administration engaged in or on account of the performance of his official duties". SEC. 308. Section 5 of the Bank Service Corporation Act (12 U.S.C. • ' 1865) is amended to read as follows: "SEC. 5. Whenever any bank which is regularly examined by a Federal supervisory agency, or any subsidiary or affiliate of such bank which IS subject to examination by that agency, causes to be performed, by contract or otherwise, any bank services for itself, whether on or off its premises— "(1) such performance shall be subject to regulation and examination by such agency to the same extent as if the services were being performed by the bank itself on its own premises, and "(2) the bank shall notify such agency of the existence of a Notification. ,, service relationship within 30 days after the making of such service contract or the performance of the service, whichever occurs first.". SEC. 309. The last sentence of section 9 of the Federal Deposit Insurance Act (12 U.S.C. 1819) is amended to read as follows: