S.Amdt. 6069Senate117th Congress (2021-2023)2nd degree

S.Amdt. 6069

What it does: Adds TITLE _____--BANK SERVICE COMPANY EXAMINATION COORDINATION wherever appropriate
Submitted September 29, 2022

What it changes

1 change to S.Amdt. 5499

Adds a section
  1. Adds TITLE _____--BANK SERVICE COMPANY EXAMINATION COORDINATION wherever appropriate

    Adds a title

    Inserted: TITLE _____--BANK SERVICE COMPANY EXAMINATION COORDINATION

    Inserted: SEC. ___01. SHORT TITLE.

    Inserted: This title may be cited as the "Bank Service Company Examination Coordination Act of 2022".

    Inserted: SEC. ___02. BANK SERVICE COMPANY ACT IMPROVEMENTS.

    Inserted: The Bank Service Company Act (12 U.S.C. 1861 et seq.) is amended--

    Inserted: (1) in section 1(b)--

    Inserted: (A) by redesignating paragraphs (2) through (9) as paragraphs (3) through (10), respectively; and

    Inserted: (B) by inserting after paragraph (1) the following:

    Inserted: "(2) the term 'State banking agency' shall have the same meaning given the term 'State Bank Supervisor' under section 3 of the Federal Deposit Insurance Act;";

    Inserted: (2) in section 5(a), by inserting ", in consultation with the State banking agency," after "banking agency"; and

    Inserted: (3) in section 7--

    Inserted: (A) in subsection (a)--

    Show 16 more inserted paragraphs

    Inserted: (i) in the first sentence, by inserting "or State banking agency" after "appropriate Federal banking agency"; and

    Inserted: (ii) in the second sentence, by striking "Federal banking agency that supervises any other shareholder or member" and inserting "Federal or State banking agency that supervises any other shareholder or member";

    Inserted: (B) in subsection (c)--

    Inserted: (i) by inserting "or a State banking agency" after "appropriate Federal banking agency"; and

    Inserted: (ii) by striking "such agency" each place such term appears and inserting "such Federal or State agency";

    Inserted: (C) by redesignating subsection (d) as subsection (f);

    Inserted: (D) by inserting after subsection (c) the following:

    Inserted: "(d) Availability of Information.--Information obtained pursuant to the regulation and examination of service providers under this section or applicable State law may be furnished by and accessible to Federal and State agencies to the same extent that supervisory information concerning depository institutions is authorized to be furnished to and required to be accessible by Federal and State agencies under section 7(a)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1817(a)(2)) or State law, as applicable.

    Inserted: "(e) Coordination With State Banking Agencies.--Where a State bank is principal shareholder or principal member of a bank service company or where a State bank is any other shareholder or member of the bank service company, the appropriate Federal banking agency, in carrying out examinations authorized by this section, shall--

    Inserted: "(1) provide reasonable and timely notice to the State banking agency; and

    Inserted: "(2) to the fullest extent possible, coordinate and avoid duplication of examination activities, reporting requirements, and requests for information.";

    Inserted: (E) in subsection (f), as so redesignated, by inserting ", in consultation with State banking agencies," after "appropriate Federal banking agencies"; and

    Inserted: (F) by adding at the end the following:

    Inserted: "(g) Rule of Construction.--Nothing in this section shall be construed as granting authority for a State banking agency to examine a bank service company where no such authority exists in State law.".

    Inserted: SEC. ___03. DETERMINATION OF BUDGETARY EFFECTS.

    Inserted: The budgetary effects of this title, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this title, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

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    Original wording

    At the appropriate place, insert the following:

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As printed

SA 6069. Mr. CRAMER (for himself and Ms. Warren) submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE _____--BANK SERVICE COMPANY EXAMINATION COORDINATION

SEC. ___01. SHORT TITLE.

This title may be cited as the “Bank Service Company Examination Coordination Act of 2022”.

SEC. ___02. BANK SERVICE COMPANY ACT IMPROVEMENTS.

The Bank Service Company Act (12 U.S.C. 1861 et seq.) is amended--

(1) in section 1(b)--

(A) by redesignating paragraphs (2) through (9) as paragraphs (3) through (10), respectively; and

(B) by inserting after paragraph (1) the following:

“(2) the term ‘State banking agency' shall have the same meaning given the term ‘State Bank Supervisor' under section 3 of the Federal Deposit Insurance Act;”;

(2) in section 5(a), by inserting “, in consultation with the State banking agency,” after “banking agency”; and

(3) in section 7--

(A) in subsection (a)--

(i) in the first sentence, by inserting “or State banking agency” after “appropriate Federal banking agency”; and

(ii) in the second sentence, by striking “Federal banking agency that supervises any other shareholder or member” and inserting “Federal or State banking agency that supervises any other shareholder or member”;

(B) in subsection (c)--

(i) by inserting “or a State banking agency” after “appropriate Federal banking agency”; and

(ii) by striking “such agency” each place such term appears and inserting “such Federal or State agency”;

(C) by redesignating subsection (d) as subsection (f);

(D) by inserting after subsection (c) the following:

“(d) Availability of Information.--Information obtained pursuant to the regulation and examination of service providers under this section or applicable State law may be furnished by and accessible to Federal and State agencies to the same extent that supervisory information concerning depository institutions is authorized to be furnished to and required to be accessible by Federal and State agencies under section 7(a)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1817(a)(2)) or State law, as applicable.

“(e) Coordination With State Banking Agencies.--Where a State bank is principal shareholder or principal member of a bank service company or where a State bank is any other shareholder or member of the bank service company, the appropriate Federal banking agency, in carrying out examinations authorized by this section, shall--

“(1) provide reasonable and timely notice to the State banking agency; and

“(2) to the fullest extent possible, coordinate and avoid duplication of examination activities, reporting requirements, and requests for information.”;

(E) in subsection (f), as so redesignated, by inserting “, in consultation with State banking agencies,” after “appropriate Federal banking agencies”; and

(F) by adding at the end the following:

“(g) Rule of Construction.--Nothing in this section shall be construed as granting authority for a State banking agency to examine a bank service company where no such authority exists in State law.”.

SEC. ___03. DETERMINATION OF BUDGETARY EFFECTS.

The budgetary effects of this title, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this title, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

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Senate amendment submitted

September 29, 2022