S.Amdt. 3753

SA 3753. Mrs. MURRAY submitted an amendment intended to be proposed
to amendment SA 3739 proposed by Mr. Reid (for Mr. Dodd (for himself
and Mrs. Lincoln)) to the bill S. 3217, to promote the financial
stability of the United States by improving accountability and
transparency in the financial system, to end ``too big to fail,'' to
protect the American taxpayer by ending bailouts, to protect consumers
from abusive financial services practices, and for other purposes;
which was ordered to lie on the table; as follows:

On page 372, between lines 2 and 3, insert the following:

SEC. 343. NATIONWIDE DEPOSIT CAP FOR MERGER TRANSACTIONS AND
ACQUISITIONS.

(a) Amendments to the Bank Holding Company Act of 1956.--
(1) Concentration limit for bank holding companies.--
Section 3(d) of the Bank Holding Company Act of 1956 (12
U.S.C. 1842(d)) is amended--
(A) in paragraph (2), by striking ``paragraph (1)(A)'' each
place that term appears and inserting ``subsection (a)''; and
(B) by adding at the end the following:
``(3) Bank defined.--For purposes of this subsection, the
term `bank' means an insured depository institution.''.
(b) Amendments to the Federal Deposit Insurance Act.--
(1) In general.--Section 18(c) of the Federal Deposit
Insurance Act (12 U.S.C. 1828(c)) is amended--
(A) by redesignating paragraph (12) as paragraph (13); and
(B) by inserting after paragraph (11) the following:
``(12) Nationwide deposit cap.--The responsible agency may
not approve an application for a merger transaction if the
resulting insured depository institution (including all
insured depository institutions which are affiliates of the
resulting insured depository institution), upon consummation
of the transaction, would control more than 10 percent of the
total amount of deposits of insured depository institutions
in the United States.''.
(2) Parallel requirement.--Section 44(b)(2)(A) of the
Federal Deposit Insurance Act (12 U.S.C. 1831u(b)(2)(A)) is
amended to read as follows:
``(A) Nationwide concentration limits.--The responsible
agency may not approve an application for an interstate
merger transaction involving 2 or more insured depository
institutions if the resulting insured depository institution
(including all insured depository institutions which are
affiliates of such institution), upon consummation of the
transaction would control more than 10 percent of the total
amount of deposits of insured depository institutions in the
United States.''.
(c) Amendments to the Home Owners' Loan Act.--Section
10(e)(2) of the Home Owners' Loan Act (12 U.S.C. 467a(e)(2))
is amended--
(1) in subparagraph (C), by striking ``or'' at the end; and
(2) in subparagraph (D), by striking the period at the end
and inserting ``, or''; and
(3) by adding at the end the following:
``(E) in the case of an application involving an
acquisition of an insured depository institution, if the
company (including all insured depository institutions which
are affiliates of the applicant) controls, or upon
consummation of the acquisition for which such application is
filed would control, more than 10 percent of the total amount
of deposits of insured depository institutions in the United
States.''.
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