H.R.3717 - Federal Deposit Insurance Reform Act of 2002107th Congress (2001-2002)
Summary: H.R.3717 — 107th Congress (2001-2002)
Federal Deposit Insurance Reform Act of 2002 - Amends the Federal Deposit Insurance Act (FDIA) to mandate the merger of the Bank Insurance Fund and the Savings Association Insurance Fund into the Deposit Insurance Fund (DIF).
Passed House amended (05/22/2002)
(Sec. 3) Amends the FDIA and the Federal Credit Union Act to: (1) increase the standard maximum amount of deposit insurance coverage from $100,000 to $130,000, coupled with a five-year inflation adjustment index; (2) require the Federal Deposit Insurance Corporation (FDIC) to provide pass-through deposit insurance for the deposits of any employee benefit plan (but prohibiting an insured depository institution that is neither well capitalized nor adequately capitalized from accepting such deposits); (3) double the standard maximum deposit insurance for certain retirement accounts; and (4) increase the maximum amount of deposit insurance coverage for in-State municipal deposits.
(Sec. 4) Amends the FDIA to replace assessment guidelines for achieving and maintaining a designated reserve ratio and for independent treatment of deposit insurance funds with a requirement that the Board of Directors (Board) of the FDIC set assessments as it determines appropriate, including a maximum base rate for assessments at one basis point for insured depository institutions in the lowest-risk category.
Reduces from five years to three years the mandatory assessment recordkeeping period.
Increases penalties from $100 to one percent of assessments per day for depository institution failure to make timely assessment payments.
Revises guidelines governing the risk-based assessment system to make the portion of deposits attributable to lifeline accounts subject to half the assessment rate that would otherwise be applicable.
(Sec. 5) Replaces the current 1.25 percent statutory reserve ratio used to recapitalize undercapitalized insurance funds with a reserve ratio range of 1.15 to 1.4 percent of estimated insured deposits, subject to specified factors and annual redetermination.
(Sec. 6) Directs the Board to collect information from all appropriate sources in determining risk of losses to the DIF.
(Sec. 7) Prescribes guidelines governing: (1) the payment of mandatory dividends to insured depository institutions whenever the DIF reserve ratio equals or exceeds specified percentages of the estimated insured deposits required to maintain the designated reserve ratio in effect at the time; and (2)a one-time credit predicated upon the December 31, 1996, assessment base of each eligible depository institution, as compared to the combined aggregate assessment base of all such institutions. Restricts the amount of such credit for depository institutions that exhibit financial, operational, or compliance weakness, including undercapitalization.
Requires the Board to establish an on-going system of credits to be applied against future assessments on the same basis as such dividends.
(Sec. 8) Requires the Board to establish and implement restoration plans for the DIF whenever its reserve ratio is projected to fall or actually falls below the designated reserve ratio. Prescribes requirements for such plans.
(Sec. 10) Mandates studies and reports to Congress: (1) by the Comptroller General and the FDIC on the effectiveness of the prompt corrective action program administered by Federal banking agencies and the accuracy of risk assessments made by the FDIC, and the appropriateness of FDIC organizational structure in light of its regulatory mission; (2) by the FDIC and the National Credit Union Administration on the feasibility of establishing a voluntary deposit insurance system for deposits in excess of the maximum amount of deposit insurance, and of privatizing all deposit insurance at insured depository institutions and credit unions; (3) by the FDIC on the feasibility of using actual domestic deposits rather than estimated insured deposits in calculating the reserve ratio of the DIF and designating a DIF reserve ratio; and (4) by the FDIC on the reserve methodology and loss accounting it used between January 1, 1992, and December 31, 2002, with respect to insured depository institutions in a troubled condition.