,,ib ,union ,calendar ,no4 #ddg #aaeth ,,congress #b;d ,session ,h4 ,r4 #dede ,report ,no4 #aae-ehi ,,in ,,the ,,house ,,of ,,representatives ,december #d1 #bjag ,mr4 ,tipton 7for himself and ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york7 introduced the following bill2 which was referred to the ,committee on ,financial ,services ,march #f1 #bjah;,additional sponsors3 ,mr4 ,hultgren1 ,mr4 ,zeldin1 ,mr4 ,pittenger1 ,mr4 ,gottheimer1 ,mr4 ,lucas1 and ,mr4 ,messer ,march #f1 #bjah ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,a ,,bill ,to amend the ,federal ,financial ,institutions ,examination ,council ,act of #aigh to improve the examination of depository institutions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,financial ,institutions ,examination ,fairness and ,reform ,act4 #b4 ,amendment to definition of financial institution ,section #ajjc7c7 of the ,federal ,financial ,institutions ,examination ,council ,act of #aigh 7#ab ,u4,s4,c4 #ccjb7c77 is amended to read as follows3 7#c7 the term financial institution-- 7,a7 means a commercial bank1 a savings bank1 a trust company1 a savings association1 a building and loan association1 a homestead association1 a cooperative bank1 or a credit union2 and 7,b7 for purposes of sections #ajab1 #ajac1 and #ajad1 includes a nondepository covered person subject to supervision by the ,bureau of ,consumer ,financial ,protection under section #ajbd of the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #eead74 4 #c4 ,timeliness of examination reports ,the ,federal ,financial ,institutions ,examination ,council ,act of #aigh 7#ab ,u4,s4,c4 #ccja et seq47 is amended by adding at the end the following3 #ajab4 ,timeliness of examination reports 7a7 ,in general 7#a7 ,final examination report ,a ,federal financial institutions regulatory agency shall provide a final examination report to a financial institution not later than #fj days after the later of-- 7,a7 the exit interview for an examination of the institution2 or 7,b7 the provision of additional information by the institution relating to the examination4 7#b7 ,exit interview ,if a financial institution is not subject to a resident examiner program1 the exit interview shall occur not later than the end of the #i-month period beginning on the commencement of the examination1 except that such period may be extended by the ,federal financial institutions regulatory agency by providing written notice to the institution and the ,independent ,examination ,review ,director describing with particularity the reasons that a longer period is needed to complete the examination4 7b7 ,examination materials ,upon the request of a financial institution1 the ,federal financial institutions regulatory agency shall include with the final report an appendix listing all examination or other factual information relied upon by the agency in support of a material supervisory determination4 4 #d4 ,independent ,examination ,review ,director ,the ,federal ,financial ,institutions ,examination ,council ,act of #aigh 7#ab ,u4,s4,c4 #ccja et seq471 as amended by section #c1 is further amended by adding at the end the following3 #ajac4 ,office of ,independent ,examination ,review 7a7 ,establishment ,there is established in the ,council an ,office of ,independent ,examination ,review 7the ,office74 7b7 ,head of ,office ,there is established the position of the ,independent ,examination ,review ,director 7the ,director71 as the head of the ,office4 ,the ,director shall be appointed by the ,council and shall be independent from any member agency of the ,council4 7c7 ,term ,the ,director shall serve for a term of #e years1 and may be appointed to serve a subsequent #e-year term4 7d7 ,staffing ,the ,director is authorized to hire staff to support the activities of the ,office4 7e7 ,duties ,the ,director shall-- 7#a7 receive and1 at the ,director's discretion1 investigate complaints from financial institutions1 their representatives1 or another entity acting on behalf of such institutions1 concerning examinations1 examination practices1 or examination reports2 7#b7 hold meetings1 at least once every three months and in locations designed to encourage participation from all sections of the ,united ,states1 with financial institutions1 their representatives1 or another entity acting on behalf of such institutions1 to discuss examination procedures1 examination practices1 or examination policies2 7#c7 in accordance with subsection 7f71 review examination procedures of the ,federal financial institutions regulatory agencies to ensure that the written examination policies of those agencies are being followed in practice and adhere to the standards for consistency established by the ,council2 7#d7 conduct a continuing and regular review of examination quality assurance for all examination types conducted by the ,federal financial institutions regulatory agencies2 7#e7 adjudicate any supervisory appeal initiated under section #ajad2 and 7#f7 report annually to the ,committee on ,financial ,services of the ,house of ,representatives1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate1 and the ,council1 on the reviews carried out pursuant to paragraphs 7#c7 and 7#d71 including compliance with the requirements set forth in section #ajab regarding timeliness of examination reports1 and the ,council's recommendations for improvements in examination procedures1 practices1 and policies4 7f7 ,standard for reviewing examination procedures ,in conducting reviews pursuant to subsection 7e77#d71 the ,director shall prioritize factors relating to the safety and soundness of the financial system of the ,united ,states4 7g7 ,removal ,if the ,director is removed from office1 the ,council shall communicate in writing the reasons for any such removal to the ,committee on ,financial ,services of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate not later than #cj days before the removal4 7h7 ,confidentiality ,the ,director shall keep confidential all meetings with1 discussions with1 and information provided by financial institutions4 4 #e4 ,right to independent review of material supervisory determinations ,the ,federal ,financial ,institutions ,examination ,council ,act of #aigh 7#ab ,u4,s4,c4 #ccja et seq471 as amended by section #d1 is further amended by adding at the end the following3 #ajad4 ,right to independent review of material supervisory determinations 7a7 ,in general ,a financial institution shall have the right to obtain an independent review of a material supervisory determination contained in a final report of examination4 7b7 ,notice 7#a7 ,timing ,a financial institution seeking review of a material supervisory determination under this section shall file a written notice with the ,independent ,examination ,review ,director 7the ,director7 within #fj days after receiving the final report of examination that is the subject of such review4 7#b7 ,identification of determination ,the written notice shall identify the material supervisory determination that is the subject of the independent examination review1 and a statement of the reasons why the institution believes that the determination is incorrect or should otherwise be modified4 7#c7 ,information to be provided to institution ,any information relied upon by the agency in the final report that is not in the possession of the financial institution may be requested by the financial institution and shall be delivered promptly by the agency to the financial institution4 7c7 ,right to hearing 7#a7 ,in general ,the ,director shall determine the merits of the appeal on the record or1 at the financial institution's election1 shall refer the appeal to an ,administrative ,law ,judge to conduct a confidential hearing pursuant to the procedures set forth under sections #eef and #eeg of title #e1 ,united ,states ,code1 which hearing shall take place not later than #fj days after the petition for review was received by the ,director1 and to issue a proposed decision to the ,director based upon the record established at such hearing4 7#b7 ,standard of review ,in rendering a determination or recommendation under this subsection1 neither the ,administrative ,law ,judge nor the ,director shall defer to the opinions of the examiner or agency1 but shall conduct a de novo review to independently determine the appropriateness of the agency's decision based upon the relevant statutes1 regulations1 and other appropriate guidance1 as well as evidence adduced at any hearing4 7d7 ,final decision ,a decision by the ,director on an independent review under this section shall-- 7#a7 be made not later than #fj days after the record has been closed2 and 7#b7 subject to subsection 7e71 be deemed a final agency action and shall bind the agency whose supervisory determination was the subject of the review and the financial institution requesting the review4 7e7 ,limited review by ,,ffiec 7#a7 ,in general ,if the agency whose supervisory determination was the subject of the review believes that the ,director's decision under subsection 7d7 would pose an imminent threat to the safety and soundness of the financial institution1 such agency may file a written notice seeking review of the ,director's decision with the ,council within #aj days of receiving the ,director's decision4 7#b7 ,standard of review ,in making a determination under this subsection1 the ,council shall conduct a review to determine whether there is substantial evidence that the ,director's decision would pose an imminent threat to the safety and soundness of the financial institution4 7#c7 ,final determination ,a determination by the ,council shall-- 7,a7 be made not later than #cj days after the filing of the notice pursuant to paragraph 7#a72 and 7,b7 be deemed a final agency action and shall bind the agency whose supervisory determination was the subject of the review and the financial institution requesting the review4 7f7 ,right to judicial review ,a financial institution shall have the right to petition for review of final agency action under this section by filing a ,petition for ,review within #fj days of the ,director's decision or the ,council's decision in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit or the ,circuit in which the financial institution is located4 7g7 ,report ,the ,director shall report annually to the ,committee on ,financial ,services of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate on actions taken under this section1 including the types of issues that the ,director has reviewed and the results of those reviews4 ,in no case shall such a report contain information about individual financial institutions or any confidential or privileged information shared by financial institutions4 7h7 ,retaliation prohibited ,a ,federal financial institutions regulatory agency may not-- 7#a7 retaliate against a financial institution1 including service providers1 or any institution-affiliated party 7as defined under section #c of the ,federal ,deposit ,insurance ,act71 for exercising appellate rights under this section2 or 7#b7 delay or deny any agency action that would benefit a financial institution or any institution-affiliated party on the basis that an appeal under this section is pending under this section4 7i7 ,rule of construction ,nothing in this section may be construed-- 7#a7 to affect the right of a ,federal financial institutions regulatory agency to take enforcement or other supervisory actions related to a material supervisory determination under review under this section2 or 7#b7 to prohibit the review under this section of a material supervisory determination with respect to which there is an ongoing enforcement or other supervisory action4 4 #f4 ,additional amendments 7a7 ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid ,section #cji of the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid 7#ab ,u4,s4,c4 #dhjf7 is amended-- 7#a7 in subsection 7a71 by inserting after appropriate ,federal banking agency the following3 1 the ,bureau of ,consumer ,financial ,protection12 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by striking the appellant from retaliation by agency examiners and inserting the insured depository institution or insured credit union from retaliation by the agencies referred to in subsection 7a72 and 7,b7 by adding at the end the following flush-left text3 ,for purposes of this subsection and subsection 7e71 retaliation includes delaying consideration of1 or withholding approval of1 any request1 notice1 or application that otherwise would have been approved1 but for the exercise of the institution's or credit union's rights under this section4 2 7#c7 in subsection 7e77#b7-- 7,a7 in subparagraph 7,b71 by striking and at the end2 7,b7 in subparagraph 7,c71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7,d7 ensure that appropriate safeguards exist for protecting the insured depository institution or insured credit union from retaliation by any agency referred to in subsection 7a7 for exercising its rights under this subsection4 2 and 7#d7 in subsection 7f77#a77;,a7-- 7,a7 in clause 7ii71 by striking and at the end2 7,b7 in clause 7iii71 by striking and at the end2 and 7,c7 by adding at the end the following3 7iv7 any issue specifically listed in an exam report as a matter requiring attention by the institution's management or board of directors2 and 7v7 any suspension or removal of an institution's status as eligible for expedited processing of applications1 requests1 notices1 or filings on the grounds of a supervisory or compliance concern1 regardless of whether that concern has been cited as a basis for another material supervisory determination or matter requiring attention in an examination report1 provided that the conduct at issue did not involve violation of any criminal law2 and 4 7b7 ,federal ,credit ,union ,act ,section #bje7;j7 of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #aghe7;j77 is amended by inserting the ,bureau of ,consumer ,financial ,protection1 before the ,administration each place such term appears4 7c7 ,federal ,financial ,institutions ,examination ,council ,act of #aigh ,the ,federal ,financial ,institutions ,examination ,council ,act of #aigh 7#ab ,u4,s4,c4 #ccja et seq47 is amended-- 7#a7 in section #ajjc1 by amending paragraph 7#a7 to read as follows3 7#a7 the term ,federal financial institutions regulatory agencies-- 7,a7 means the ,office of the ,comptroller of the ,currency1 the ,board of ,governors of the ,federal ,reserve ,system1 the ,federal ,deposit ,insurance ,corporation1 and the ,national ,credit ,union ,administration2 and 7,b7 for purposes of sections #ajab1 #ajac1 and #ajad1 includes the ,bureau of ,consumer ,financial ,protection2 2 and 7#b7 in section #ajje1 by striking ,one-fifth and inserting ,one-fourth4 ,march #f1 #bjah ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed