,,ii #aacth ,,congress #ast ,session ,s4 #ihe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #af1 #bjac ,mr4 ,harkin introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to repeal certain provisions of the ,gramm-,leach-,bliley ,act and revive the separation between commercial banking and the securities business1 in the manner provided in the ,banking ,act of #aicc1 the so-called ,glass-,steagall ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,return to ,prudent ,banking ,act of #bjac4 #b4 ,glass-,steagall revived 7a7 ,wall between commercial banks and securities activities reestablished ,section #ah of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahbh71 as amended by section #fae7;a7 of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act1 is amended by adding at the end the following new subsection3 7aa7 ,limitations on security affiliations 7#a7 ,prohibition on affiliation between insured depository institutions and investment banks or securities firms ,an insured depository institution may not be or become an affiliate of any broker or dealer1 any investment adviser1 any investment company1 or any other person engaged principally in the issue1 flotation1 underwriting1 public sale1 or distribution at wholesale or retail or through syndicate participation of stocks1 bonds1 debentures1 notes1 or other securities4 7#b7 ,prohibition on officers1 directors and employees of securities firms service on boards of depository institutions 7,a7 ,in general ,an individual who is an officer1 director1 partner1 or employee of any broker or dealer1 any investment adviser1 any investment company1 or any other person engaged principally in the issue1 flotation1 underwriting1 public sale1 or distribution at wholesale or retail or through syndicate participation of stocks1 bonds1 debentures1 notes1 or other securities may not serve at the same time as an officer1 director1 employee1 or other institution-affiliated party of any insured depository institution4 7,b7 ,exception ,subparagraph 7,a7 shall not apply with respect to service by any individual which is otherwise prohibited under such subparagraph if the appropriate ,federal banking agency determines1 by regulation with respect to a limited number of cases1 that service by such individual as an officer1 director1 employee1 or other institution-affiliated party of any insured depository institution would not unduly influence the investment policies of the depository institution or the advice the institution provides to customers4 7,c7 ,termination of service ,subject to a determination under subparagraph 7,b71 any individual described in subparagraph 7,a7 who1 as of the date of enactment of the ,return to ,prudent ,banking ,act of #bjac1 is serving as an officer1 director1 employee1 or other institution-affiliated party of any insured depository institution shall terminate such service as soon as practicable after such date of enactment and no later than the end of the #fj-;day period beginning on such date4 7#c7 ,termination of existing affiliation 7,a7 ,orderly wind-down of existing affiliation ,any affiliation of an insured depository institution with any broker or dealer1 any investment adviser1 any investment company1 or any other person1 as of the date of enactment of the ,return to ,prudent ,banking ,act of #bjac1 which is prohibited under paragraph 7#a7 shall be terminated as soon as practicable and in any event no later than the end of the #b-year period beginning on such date of enactment4 7,b7 ,early termination ,the appropriate ,federal banking agency1 after opportunity for hearing1 may terminate1 at any time1 the authority conferred by the preceding subparagraph to continue any affiliation subject to such subparagraph until the end of the period referred to in such subparagraph if the agency determines1 having due regard for the purposes of this subsection and the ,return to ,prudent ,banking ,act of #bjac1 that such action is necessary to prevent undue concentration of resources1 decreased or unfair competition1 conflicts of interest1 or unsound banking practices and is in the public interest4 7,c7 ,extension ,subject to a determination under subparagraph 7,b71 an appropriate ,federal banking agency may extend the #b-year period referred to in subparagraph 7,a7 from time to time as to any particular insured depository institution for not more than #f months at a time1 if1 in the judgment of the agency1 such an extension would not be detrimental to the public interest1 but no such extensions shall in the aggregate exceed #a year4 7#d7 ,definitions ,for purposes of this subsection-- 7,a7 the terms broker and dealer have the same meanings as in section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a772 and 7,b7 the terms investment adviser and investment company have the same meanings as in section #bjb of the ,investment ,advisers ,act of #aidj 7#ae ,u4,s4,c4 #hj;b-#b7 and section #c of the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a-#c71 respectively4 4 7b7 ,prohibition on banking activities by securities firms clarified ,section #ba of the ,banking ,act of #aicc 7#ab ,u4,s4,c4 #cgh7 is amended by adding at the end the following new subsection3 7c7 ,business of receiving deposits ,for purposes of this section1 the term business of receiving deposits includes the establishment and maintenance of any transaction account 7as defined in section #ai7;b77#a77;,c7 of the ,federal ,reserve ,act74 4 7c7 ,continued applicability of ,,ici vs4 ,camp 7#a7 ,in general ,the ,congress ratifies the interpretation of the paragraph designated the ,seventh of section #eacf of the ,revised ,statutes of the ,united ,states 7#ab ,u4,s4,c4 #bd1 as amended by section #af of the ,banking ,act of #aicc and subsequent amendments7 and section #ba of the ,banking ,act of #aicc 7#ab ,u4,s4,c4 #cgh7 by the ,supreme ,court of the ,united ,states in the case of ,investment ,company ,institute v4 ,camp 7#dja ,u4,s4 #fag et seq4 7#aiga77 with regard to the permissible activities of banks and securities firms1 except to the extent expressly prescribed otherwise by this section4 7#b7 ,applicability of reasoning ,the reasoning of the ,supreme ,court of the ,united ,states in the case referred to in paragraph 7#a7 with respect to sections #bj and #cb of the ,banking ,act of #aicc 7as in effect prior to the date of enactment of the ,gramm-,leach-,bliley ,act7 shall continue to apply to subsection 7aa7 of section #ah of the ,federal ,deposit ,insurance ,act 7as added by subsection 7a7 of this section7 except to the extent the scope and application of such subsection as enacted exceed the scope and application of such sections #bj and #cb4 7#c7 ,limitation on agency interpretation or judicial construction ,no appropriate ,federal banking agency1 as defined in section #c of the ,federal ,deposit ,insurance ,act1 by regulation1 order1 interpretation1 or other action1 and no court within the ,united ,states may construe the paragraph designated the ,seventh of section #eacf of the ,revised ,statutes of the ,united ,states 7#ab ,u4,s4,c4 #bd1 as amended by section #af of the ,banking ,act of #aicc and subsequent amendments71 section #ba of the ,banking ,act of #aicc1 or section #ah7;aa7 of the ,federal ,deposit ,insurance ,act more narrowly than the reasoning of the ,supreme ,court of the ,united ,states in the case of ,investment ,company ,institute v4 ,camp 7#dja ,u4,s4 #fag et seq4 7#aiga77 as to the construction and the purposes of such provisions4 #c4 ,repeal of ,gramm-,leach-,bliley ,act provisions 7a7 ,financial holding company 7#a7 ,in general ,section #d of the ,bank ,holding ,company ,act of #aief 7#ab ,u4,s4,c4 #ahdc7 is amended by striking subsections 7k71 7l71 7m71 7n71 and 7o74 7#b7 ,transition 7,a7 ,orderly wind-down of existing affiliation ,in the case of a bank holding company which1 pursuant to the amendments made by paragraph 7#a71 is no longer authorized to control or be affiliated with any entity that was permissible for a financial holding company as of the date of enactment of this ,act1 any affiliation by the bank holding company which is not permitted for a bank holding company shall be terminated as soon as is practicable1 and in no event later than the end of the #b-year period beginning on that date of enactment4 7,b7 ,early termination ,the ,board of ,governors of the ,federal ,reserve ,system 7in this ,act referred to as the ,board71 after opportunity for hearing1 may terminate1 at any time1 the authority conferred by subparagraph 7,a7 to continue any affiliation subject to such subparagraph until the end of the period referred to in such subparagraph1 if the ,board determines1 having due regard to the purposes of this ,act1 that such action is necessary to prevent undue concentration of resources1 decreased or unfair competition1 conflicts of interest1 or unsound banking practices1 and is in the public interest4 7,c7 ,extension ,subject to a determination under subparagraph 7,b71 the ,board may extend the #b-year period referred to in subparagraph 7,a7 from time to time as to any particular bank holding company for not more than #f months at a time1 if1 in the judgment of the ,board1 such an extension would not be detrimental to the public interest1 except that no such extensions shall in the aggregate exceed #a year4 7#c7 ,technical and conforming amendments 7,a7 ,bank ,holding ,company ,act of #aief ,the ,bank ,holding ,company ,act of #aief 7#ab ,u4,s4,c4 #ahda et seq47 is amended-- 7i7 in section #b 7#ab ,u4,s4,c4 #ahda7-- 7,i7 by striking subsection 7p72 and 7,,ii7 by redesignating subsection 7q7 as subsection 7p72 7ii7 in section #e 7#ab ,u4,s4,c4 #ahdd7-- 7,i7 in subsection 7c7-- 7aa7 in paragraph 7#b71 by striking subparagraph 7,e72 and 7bb7 by striking paragraphs 7#c71 7#d71 and 7#e72 and 7,,ii7 by striking subsection 7g72 and 7iii7 by striking section #aj;,a 7#ab ,u4,s4,c4 #ahdh;a74 7,b7 ,federal ,deposit ,insurance ,act ,the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahaa et seq47 is amended by striking section #de 7#ab ,u4,s4,c4 #ahcav7 and inserting the following3 #de4 ,repealed 4 7,c7 ,gramm-,leach-,bliley ,act ,subtitle ,b of title ,i of the ,gramm-,leach-,bliley ,act is amended-- 7i7 by striking section #aad 7#ab ,u4,s4,c4 #ahbh;a7 and inserting the following3 #ad4 ,repealed 2 and 7ii7 by striking section #aae 7#ab ,u4,s4,c4 #ahbj;a7 and inserting the following3 #ae4 ,repealed 4 7b7 ,financial subsidiaries repealed 7#a7 ,in general ,section #eacf;,a of the ,revised ,statutes of the ,united ,states 7#ab ,u4,s4,c4 #bd;a7 is amended to read as follows3 #eacf;,a4 ,repealed 4 7#b7 ,transition 7,a7 ,orderly wind-down of existing affiliation ,in the case of a national bank which1 pursuant to the amendments made by paragraph 7#a71 is no longer authorized to control or be affiliated with a financial subsidiary as of the date of enactment of this ,act1 such affiliation shall be terminated as soon as is practicable1 and in no event later than the end of the #b-year period beginning on that date of enactment4 7,b7 ,early termination ,the ,comptroller of the ,currency1 after opportunity for hearing1 may terminate1 at any time1 the authority conferred by subparagraph 7,a7 to continue any affiliation subject to such subparagraph until the end of the period referred to in such subparagraph1 if the ,comptroller determines1 having due regard for the purposes of this ,act1 that such action is necessary to prevent undue concentration of resources1 decreased or unfair competition1 conflicts of interest1 or unsound banking practices1 and is in the public interest4 7,c7 ,extension ,subject to a determination under subparagraph 7,b71 the ,comptroller of the ,currency may extend the #b-year period referred to in subparagraph 7,a7 from time to time as to any particular national bank for not more than #f months at a time1 if1 in the judgment of the ,comptroller1 such an extension would not be detrimental to the public interest1 except that no such extensions shall in the aggregate exceed #a year4 7#c7 ,technical and conforming amendments 7,a7 ,federal ,reserve ,act ,the #bjth undesignated paragraph of section #i of the ,federal ,reserve ,act 7#ab ,u4,s4,c4 #cce7 is amended by striking the last sentence4 7,b7 ,federal ,deposit ,insurance ,act ,the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahaa et seq47 is amended by striking section #df 7#ab ,u4,s4,c4 #ahcaw7 and inserting the following3 #df4 ,repealed 4 7,c7 ,clerical amendment ,the table of sections for chapter one of title ,,lxii of the ,revised ,statutes of the ,united ,states is amended by striking the item relating to section #eacf;,a4 7c7 ,definition of broker ,section #c7;a77#d77;,b7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a77#d77;,b77 is amended-- 7#a7 by striking clauses 7i71 7iii71 7v71 7vii71 7x71 and 7xi72 and 7#b7 by redesignating clauses 7ii71 7iv71 7vi71 7viii71 and 7ix7 as clauses 7i71 7ii71 7iii71 7iv71 and 7v71 respectively4 7d7 ,definition of dealer ,section #c7;a77#e77;,c7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a77#e77;,c77 is amended-- 7#a7 by striking clauses 7i7 and 7iii72 and 7#b7 by redesignating clauses 7ii7 and 7iv7 as clauses 7i7 and 7ii71 respectively4 7e7 ,definition of identified banking product ,section #bjf7;a7 of the ,gramm-,leach-,bliley ,act 7#ae ,u4,s4,c4 #gh;c note7 is amended-- 7#a7 in paragraph 7#d71 by inserting and after the semicolon at the end2 7#b7 in paragraph 7#e77;,b77ii71 by striking 2 or and inserting a period2 and 7#c7 by striking paragraph 7#f7 and all that follows through the end of the subsection4 7f7 ,definition of activities closely related to banking 7#a7 ,in general ,section #d7;c77#h7 of the ,bank ,holding ,company ,act of #aief 7#ab ,u4,s4,c4 #ahdc7;c77#h77 is amended by striking the day before the date of the enactment of the ,gramm-,leach-,bliley ,act and inserting ,january #a1 #aigj4 7#b7 ,provision allowing for exceptions after report to ,congress ,section #d7;j7 of the ,bank ,holding ,company ,act of #aief 7#ab ,u4,s4,c4 #ahdc7;j77 is amended to read as follows3 7j7 ,approval for certain post-#aigj subsection 7c77#h7 activities 7#a7 ,in general ,notwithstanding the limitation of the ,january #a1 #aigj1 approval deadline in subsection 7c77#h71 the ,board may determine an activity to be so closely related to banking as to be a proper incident thereto for purposes of such subsection1 subject to the requirements of this subsection and such terms and conditions as the ,board may require4 7#b7 ,general standards ,in making any determination under paragraph 7#a71 the ,board shall consider whether performance of the activity by a bank holding company or a subsidiary of such company can reasonably be expected to result in a violation of section #ah7;aa7 of the ,federal ,deposit ,insurance ,act1 section #ba of the ,banking ,act of #aicc1 or the spirit of section #b7;c7 of the ,return to ,prudent ,banking ,act of #bjac1 and other possible adverse effects1 such as undue concentration of resources1 decreased or unfair competition1 conflicts of interests1 or unsound banking practices4 7#c7 ,report and wait ,no determination of the ,board under paragraph 7#a7 may take effect before the end of the #ahj-;day period beginning on the date by which notice of the determination has been submitted to both ,houses of the ,congress together with a detailed explanation of the activities to which the determination relates and the basis for the determination1 unless before the end of such period1 such activities have been approved by an ,act of ,congress4 4 7g7 ,repeal of provision relating to foreign banks filing as financial holding companies ,section #h7;c7 of the ,international ,banking ,act of #aigh 7#ab ,u4,s4,c4 #cajf7;c77 is amended by striking paragraph 7#c74 #d4 ,reports to ,congress 7a7 ,reports required ,each time the ,board of ,governors of the ,federal ,reserve ,system1 the ,comptroller of the ,currency1 or another appropriate ,federal banking agency 7as defined in section #c of the ,federal ,deposit ,insurance ,act7 makes a determination or an extension under subparagraph 7,b7 or 7,c7 of paragraph 7#b7 or 7#c7 of section #ah7;aa7 of the ,federal ,deposit ,insurance ,act 7as added by section #b7;a77 or subparagraph 7,b7 or 7,c7 of subsection 7a77#b7 or 7b77#b7 of section #c of this ,act1 as the case may be1 the ,board1 ,comptroller1 or agency shall promptly submit a report of such determination or extension to the ,congress4 7b7 ,contents ,each report submitted to ,congress under subsection 7a7 shall contain a detailed description of the basis for the determination or extension4