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Title 12 — Banks and Banking

Chapter 33 — Depository Institution Management Interlocks

§ 3206. Administration and enforcement

Statutory text

This chapter shall be administered and enforced by—

(1)

the Comptroller of the Currency with respect to national banks and Federal savings associations (the deposits of which are insured by the Federal Deposit Insurance Corporation),

(2)

the Board of Governors of the Federal Reserve System with respect to State banks which are members of the Federal Reserve System, bank holding companies, and savings and loan holding companies,

(3)

the Board of Directors of the Federal Deposit Insurance Corporation with respect to State banks which are not members of the Federal Reserve System but the deposits of which are insured by the Federal Deposit Insurance Corporation and State savings associations (the deposits of which are insured by the Federal Deposit Insurance Corporation),

(4)

the National Credit Union Administration with respect to credit unions the accounts of which are insured by the National Credit Union Administration, and

(5)

upon referral by the agencies named in the foregoing paragraphs (1) through (4), the Attorney General shall have the authority to enforce compliance by any person with this chapter.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Depository Institution Management Interlocks Act

    Pub. L. 95–630 title II § 207 · 92 Stat. 3641

    Enacted · 12 U.S.C. § 3206

    Pub. L. 95–630, title II, § 207, Nov. 10, 1978, 92 Stat. 3674

    Source evidence

    Code source credit
    Pub. L. 95–630, title II, § 207, Nov. 10, 1978, 92 Stat. 3674

    Enacted provision · exact public law section
    Sec. 207. This title shall be administered and enforced by— (1) the Comptroller of the Currency with respect to national banks and banks located in the District of Columbia, (2) the Board of Governors of the Federal Reserve System with respect to State banks which are members of the Federal Reserve System, and bank holding companies, (3) the Board of Directors of the Federal Deposit Insurance Corporation with respect to State banks which are not members of the Federal Reserve System but the deposits of which are insured by the Federal Deposit Insurance Corporation, (4) the Federal Home Loan Bank Board with respect to institutions the accounts of which are insured by the Federal Savings and Loan Insurance Corporation, and savings and loan holding companies, (5) the National Credit Union Administration with respect to credit unions the accounts of which are insured by the National Credit Union Administration, and (6) Upon referral by the agencies named in the foregoing paragraphs (1) through (5), the Attorney General shall have the authority to enforce compliance by any person with this title.

  2. Financial Institutions Reform, Recovery, and Enforcement Act of 1989

    Pub. L. 101–73 title VII § 744(r) · 103 Stat. 183

    Amended · 12 U.S.C. § 3206(4)

    Pub. L. 101–73 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “the Federal Home Loan Bank Board with respect to institutions the accounts of which are insured by the Federal Savings and Loan Insurance Corporation, and savings and loan holding companies,”

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 101–73 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “the Federal Home Loan Bank Board with respect to institutions the accounts of which are insured by the Federal Savings and Loan Insurance Corporation, and savings and loan holding companies,”.

    Enacted provision · exact public law section
    (r) Depository Institutions Management Interlocks Act.— (1) Section 207(4) of the Depository Institutions Management Interlocks Act (12 U.S.C. 3206(4)) is amended to read as follows: “(4) the Director of the Office of Thrift Supervision with respect to a savings association (the deposits of which are insured by the Federal Deposit Insurance Corporation) and savings and loan holding companies,”.

  3. 2004 District of Columbia Omnibus Authorization Act

    Pub. L. 108–386 § 8(e)(1) · 118 Stat. 2228

    Struck · 12 U.S.C. § 3206(1)

    Pub. L. 108–386 struck out “and banks located in the District of Columbia” after “national banks”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 108–386 struck out “and banks located in the District of Columbia” after “national banks”.

    Enacted provision · exact public law section
    (1) in section 207(1), 12 USC 3206. by striking “and banks located in the District of Columbia”; and

  4. Enhancing Financial Institution Safety and Soundness Act of 2010

    Pub. L. 111–203 § 360(1)(A) · 124 Stat. 1376

    Inserted · 12 U.S.C. § 3206(1)

    Pub. L. 111–203, § 360(1)(A), inserted “and Federal savings associations (the deposits of which are insured by the Federal Deposit Insurance Corporation)” before the comma

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 111–203, § 360(1)(A), inserted “and Federal savings associations (the deposits of which are insured by the Federal Deposit Insurance Corporation)” before the comma.

    Enacted provision · exact public law section
    (A) in paragraph (1), by inserting before the comma at the end the following: “and Federal savings associations (the deposits of which are insured by the Federal Deposit Insurance Corporation)”;

    Effective date note
    Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

  5. Enhancing Financial Institution Safety and Soundness Act of 2010

    Pub. L. 111–203 § 360(1)(B) · 124 Stat. 1376

    Substituted · 12 U.S.C. § 3206(2)

    Pub. L. 111–203, § 360(1)(B), substituted “, bank holding companies, and savings and loan holding companies” for “, and bank holding companies”

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 111–203, § 360(1)(B), substituted “, bank holding companies, and savings and loan holding companies” for “, and bank holding companies”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “, and bank holding companies” and inserting “, bank holding companies, and savings and loan holding companies”;

    Effective date note
    Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

  6. Enhancing Financial Institution Safety and Soundness Act of 2010

    Pub. L. 111–203 § 360(1)(C) · 124 Stat. 1376

    Substituted · 12 U.S.C. § 3206(3)

    Pub. L. 111–203, § 360(1)(C), substituted “Corporation and State savings associations (the deposits of which are insured by the Federal Deposit Insurance Corporation),” for “Corporation,”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 111–203, § 360(1)(C), substituted “Corporation and State savings associations (the deposits of which are insured by the Federal Deposit Insurance Corporation),” for “Corporation,”.

    Enacted provision · exact public law section
    (C) in paragraph (3), by striking “Corporation,” and inserting “Corporation and State savings associations (the deposits of which are insured by the Federal Deposit Insurance Corporation),”;

    Effective date note
    Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

  7. Enhancing Financial Institution Safety and Soundness Act of 2010

    Pub. L. 111–203 § 360(1)(D) · 124 Stat. 1376

    1. Redesignated · 12 U.S.C. § 3206(4)

      Pub. L. 111–203, § 360(1)(D), (E), redesignated par. (5) as (4)

    2. Struck · 12 U.S.C. § 3206(4)

      Pub. L. 111–203, § 360(1)(D), (E), struck out former par. (4) which read as follows: “the Director of the Office of Thrift Supervision with respect to a savings association (the deposits of which are insured by the Federal Deposit Insurance Corporation) and savings and loan holding companies,”

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 111–203, § 360(1)(D), (E), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: “the Director of the Office of Thrift Supervision with respect to a savings association (the deposits of which are insured by the Federal Deposit Insurance Corporation) and savings and loan holding companies,”.

    Enacted provision · exact public law section
    (D) by striking paragraph (4);

    Effective date note
    Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

  8. Enhancing Financial Institution Safety and Soundness Act of 2010

    Pub. L. 111–203 § 360(1)(E) · 124 Stat. 1376

    1. Redesignated · 12 U.S.C. § 3206(5)

      Pub. L. 111–203, § 360(1)(E), (F), redesignated par. (6) as (5)

    2. Redesignated · 12 U.S.C. § 3206(5)

      Pub. L. 111–203, § 360(1)(E), (F), substituted “through (4)” for “through (5)”. Former par. (5) redesignated (4)

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 111–203, § 360(1)(E), (F), redesignated par. (6) as (5) and substituted “through (4)” for “through (5)”. Former par. (5) redesignated (4).

    Enacted provision · exact public law section
    (E) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; and

    Effective date note
    Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

  9. Enhancing Financial Institution Safety and Soundness Act of 2010

    Pub. L. 111–203 § 360(1)(E) · 124 Stat. 1376

    Redesignated · 12 U.S.C. § 3206(6)

    Pub. L. 111–203, § 360(1)(E), redesignated par. (6) as (5). Former par. (5) redesignated (4)

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 111–203, § 360(1)(E), redesignated par. (6) as (5). Former par. (5) redesignated (4).

    Enacted provision · exact public law section
    (E) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; and

    Effective date note
    Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

11 of 11 references resolved to an enrolled provision

Editorial Notes

Amendments1989–2010 · 3 rounds

2010

Par. (1). Pub. L. 111–203, § 360(1)(A), inserted “and Federal savings associations (the deposits of which are insured by the Federal Deposit Insurance Corporation)” before the comma.

Par. (2). Pub. L. 111–203, § 360(1)(B), substituted “, bank holding companies, and savings and loan holding companies” for “, and bank holding companies”.

Par. (3). Pub. L. 111–203, § 360(1)(C), substituted “Corporation and State savings associations (the deposits of which are insured by the Federal Deposit Insurance Corporation),” for “Corporation,”.

Par. (4). Pub. L. 111–203, § 360(1)(D), (E), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: “the Director of the Office of Thrift Supervision with respect to a savings association (the deposits of which are insured by the Federal Deposit Insurance Corporation) and savings and loan holding companies,”.

Par. (5). Pub. L. 111–203, § 360(1)(E), (F), redesignated par. (6) as (5) and substituted “through (4)” for “through (5)”. Former par. (5) redesignated (4).

Par. (6). Pub. L. 111–203, § 360(1)(E), redesignated par. (6) as (5). Former par. (5) redesignated (4).

2004

Par. (1). Pub. L. 108–386 struck out “and banks located in the District of Columbia” after “national banks”.

1989

Par. (4). Pub. L. 101–73 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “the Federal Home Loan Bank Board with respect to institutions the accounts of which are insured by the Federal Savings and Loan Insurance Corporation, and savings and loan holding companies,”.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

Effective Date of 2004 Amendment

Amendment by Pub. L. 108–386 effective , and, except as otherwise provided, applicable with respect to fiscal year 2005 and each succeeding fiscal year, see sections 8(i) and 9 of Pub. L. 108–386, set out as notes under section 321 of this title.

Effective Date

Section effective upon the expiration of 120 days after , see section 2101 of Pub. L. 95–630, set out as a note under section 375b of this title.

Credits

1978–2010 · 4 acts
  1. 1978Pub. L. 95–630, title II, § 207, , 92 Stat. 3674
  2. 1989Pub. L. 101–73, title VII, § 744(r), , 103 Stat. 440
  3. 2004Pub. L. 108–386, § 8(e)(1), , 118 Stat. 2232
  4. 2010Pub. L. 111–203, title III, § 360(1), , 124 Stat. 1548.
Show as published

(Pub. L. 95–630, title II, § 207, , 92 Stat. 3674; Pub. L. 101–73, title VII, § 744(r), , 103 Stat. 440; Pub. L. 108–386, § 8(e)(1), , 118 Stat. 2232; Pub. L. 111–203, title III, § 360(1), , 124 Stat. 1548.)

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