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United States · Law · S

S. 900 (106th)

Gramm-Leach-Bliley Act

enactedUnited States· United States Congress· EN

Introduced

28 April 1999

Last action

—

Status

Became Public Law No: 106-102.

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Subjects

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Source updated

7 April 2025

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Summary

TABLE OF CONTENTS: Title I: Facilitating Affiliation Among Banks, Securities Firms, and Insurance Companies Subtitle A: Affiliations Subtitle B: Streamlining Supervision of Bank Holding Companies Subtitle C: Activities of National Banks Subtitle D: National Treatment of Foreign Financial Institutions Title II: Insurance Customer Protections Title III: Regulatory Improvements Title IV: Federal Home Loan Bank System Modernization Title V: Functional Regulation of Brokers and Dealers Title VI: Unitary Savings and Loan Holding Companies Financial Services Modernization Act of 1999 - Title I: Facilitating Affiliation Among Banks, Securities Firms, and Insurance Companies - Subtitle A: Affiliations - Amends the Banking Act of 1933 (Glass-Steagall Act) to repeal prohibitions: (1) against affiliation of any Federal Reserve member bank with an entity engaged principally in securities activities (securities affiliate); and (2) against simultaneous service by any officer, director, or employee of a securities firm as an officer, director, or employee of any member bank (interlocking directorates). (Sec. 102) Amends the Bank Holding Company Act of 1956 (BHCA) to permit a bank holding company (BHC) to engage in any activity or to acquire the shares of any company whose activities have been determined by the Board of Governors of the Federal Reserve System (the Board) to be either financial in nature, or incidental to financial activities. Prescribes guidelines governing consultation and coordination between the Board and the Department of the Treasury to determine the financial nature of such activities. Prohibits such financial activities unless all insured BHC subsidiary depository institutions are well capitalized and well- managed, and the BHC has certified that they meet certain Board standards. Instructs the Board to apply comparable capital and management standards to a foreign bank that operates a branch or agency, or owns or controls a commercial lending company in the United States, giving due regard to the principle of national treatment and equality of competitive opportunity. Cites circumstances under which certain companies that become BHCs after enactment of this Act are authorized to continue their commodities transactions and affiliations. Amends the BHCA to exempt from its prohibition against interests in nonbanking organizations the shares of any company whose activities had been determined by the Board, as of the day before enactment of this Act, to be so closely related to banking as to be a proper incident thereto. (Sec. 104) Retains the McCarran-Ferguson Act as the law of the United States. Proscribes any State laws which impede or restrict insurance sales activities by an insured depository institution. Enumerates permissible State restrictions upon certain insurance sales practices conducted by insured depository institutions. Preserves certain State regulatory oversight over insurance. Preempts certain State affiliation laws governing insurance companies and affiliates. Exempts short-term motor vehicle leases or rentals from mandatory insurance licensing requirements. Subtitle B: Streamlining Supervision of Bank Holding Companies - Prohibits the Board from imposing any capital or capital adequacy criteria upon a BHC subsidiary that is not an insured depository institution, but is either in compliance with State or Federal capitalization rules, or is registered under the Investment Advisers Act of 1940. Prohibits the Board, in developing capital adequacy requirements, from taking into consideration any affiliated investment company which is neither a BHC nor controlled by one holding 25 percent or more shares of the investment company worth more than $1 million. Subjects securities and insurance activities conducted by a functionally regulated subsidiary of a bank to the jurisdiction of the Securities and Exchange Commission and State regulatory authorities. (Sec. 112) Declares ineffective and non-enforceable any Board actions requiring an insurance company BHC or a registered securities broker-dealer BHC to provide assets to an insured depository institution subsidiary if either the State insurance authority, or the SEC, determines in writing that such actions would have a material adverse effect on the BHC's financial condition. Permits the Board to order divestiture of the subsidiary in lieu of other action. (Sec. 113) Prohibits the Board from taking certain statutory action against a functionally regulated BHC subsidiary unless it is necessary to prevent or redress an unsafe or unsound practice, or breach of fiduciary duty that poses a material risk to the financial safety, soundness or stability of either an affiliated depository institution, or to the domestic or international payment system. (Sec. 114) Denies a Federal banking agency examination authority over a registered investment company that is neither a BHC nor a savings and loan holding company. Grants the Federal Deposit Insurance Corporation (FDIC) examination authority over an affiliate of an insured depository institution if the FDIC finds it necessary to determine the condition of the insured depository institution for insurance purposes. (Sec. 115) Declares that BHCA restrictions upon Board authority over BHCs and their functionally regulated subsidiaries also limit the authority of a Federal banking agency with respect to such companies and their subsidiaries. (Exempts the FDIC from such proscription in the exercise of its insurance oversight.) (Sec. 116) Prescribes guidelines under which the Board, a Federal banking agency, and a state insurance regulator may, upon request, exchange certain financial status information concerning a BHC in control of a company engaged in insurance activities (including a relationship between an insurance company and any affiliated depository institution). (Sec. 117) Amends the Federal Deposit Insurance Act (FDIA) to prohibit the use of the Bank Insurance Fund (BIF) and the Savings Association Insurance Fund (SAIF) to benefit any shareholder, subsidiary, or nondepository affiliate. Subtitle C: Activities of National Banks - Amends Federal banking law to provide that limitations placed on securities transactions by a national banking association for its own account do not apply to State, local, or municipal bond transactions by a well-capitalized national banking association. (Sec. 122) Delineates conditions under which a national bank may control or hold an interest in a financial subsidiary. Amends the Federal Reserve Act to set forth statutory parameters for transactions between national banks, their financial subsidiaries, and nonbank affiliates. (Sec. 123) Permits a national bank to control or hold an interest in a company that engages in agency activities that have been deemed permissible for national banks if the company transacts such activities solely as agent and not as principal. (Sec. 124) Revises Federal criminal law to subject an institution- affiliated party to criminal sanctions for fraudulent misrepresentations concerning financial institution liability for obligations of such affiliate. (Sec. 125) Permits a national bank and its subsidiaries to provide insurance in a State as principal only in accordance with the Revised Statutes of the United States (as amended by this Act). Exempts authorized insurance products from such statutory parameters. Subtitle D: National Treatment of Foreign Financial Institutions - Amends the International Banking Act of 1978 (IBA) to terminate the grandfathered authority of a foreign bank or company to conduct specified activities if it files a certain BHCA declaration pertaining to interests in nonbanking organizations. Authorizes the Board to: (1) place restrictions upon a foreign bank or company comparable to those imposed upon a domestic counterpart if such entity has not timely filed a BHCA declaration regarding its status as a bank holding company; or (2) conduct examinations of a foreign bank or company in order to enforce compliance with Federal banking law. Title II: Insurance Customer Protections - Declares that the States shall functionally regulate the insurance activity of any person or entity, subject to the requirements of this Act. (Sec. 201) Amends the FDIA to require each Federal banking agency to promulgate insurance customer protection regulations which address: (1) sales practices; (2) disclosures and advertising; (3) antitying and anticoercion prohibitions relating to credit practices; (4) separation of banking and nonbanking activities (including physical segregation of banking activities from insurance product activities). Sets forth Federal preemption guidelines and Federal and State dispute resolution procedures. Title III: Regulatory Improvements - Amends the FDIA and the Deposit Insurance Funds Act of 1996 to eliminate the Special Reserve of the SAIF and of the Deposit Insurance Fund (DIF) (established to provide emergency funds if the reserve ratio of either fund remains below 50 percent of its designated ratio for one year). (Sec. 302) Directs the Comptroller General to study and report to Congress on the impact upon community banks of specified possible revisions to rules governing S corporations. (Sec. 303) Deems an insured depository institution rated "satisfactory" or better in its most recent examination (including each examination in the immediately preceding 36-month period) to be in compliance with the Community Reinvestment Act (CRA) until completion of a subsequent regularly scheduled examination. Places the burden of proving the substantial verifiable nature of information alleging CRA noncompliance upon the party filing such information. (Sec. 305) Amends the BHCA concerning interests in nonbanking organizations to repeal limitations, including cross marketing restrictions, placed on banks which are controlled by certain banks not statutorily treated as BHCs. Redefines "permissible overdrafts." Prescribes procedures under which certain companies may avoid mandatory divestiture of banks under their control upon: (1) cessation of noncompliant conditions; and (2) implementation of procedures to avoid their reoccurrence. (Sec. 306) Mandates a "plain language" requirement for the promulgation of Federal agency banking rules. (Sec. 307) Amends Federal law to declare that any depository institution whose charter is converted from that of a Federal savings association to a national bank or a State bank after enactment of this Act may retain the term "Federal" in its name so long as it remains an insured depository institution. (Sec. 308) Exempts from CRA purview a community financial institution located in a non-metropolitan area whose aggregate assets do not exceed $100 million. (Sec. 309) Amends the Federal Power Act to cite circumstances under which its proscriptions against interlocking directorates (enacted to address abuses of interlocking directorates) are inapplicable to a person that holds or proposes to hold the positions of an officer or director of: (1) a public utility; and (2) a bank, trust company, banking association, or firm authorized to underwrite or participate in the marketing of securities of a public utility. (Sec. 311) Expresses the sense of the Congress that: (1) the States should implement uniform insurance agent and broker licensing requirements that result in a fully reciprocal licensing system, and eliminate requirements that have the effect of discriminating against non-resident insurance agents or brokers; (2) if the States fail to do so, Congress should take steps to rectify certain duplicative requirements among the States relating to insurance licensing, administration, and anticompetitive provisions; and (3) the National Association of Insurance Commissioners should supervise and exercise oversight over any entity congressionally established to rectify such problems. TITLE IV: Federal Home Loan Bank System Modernization - Federal Home Loan Bank System Modernization Act of 1999 - Amends the Home Owners' Loan Act (HOLA) to expand Federal Home Loan Bank (FHLB) membership parameters to make a Federal savings association's membership in the FHLB system voluntary instead of mandatory. Amends the Federal Home Loan Bank Act (FHLBA) to permit any member to withdraw if the Federal Housing Finance Board (FHFB) certifies that such withdrawal will not cause the FHLB system to fail to meet its obligation to contribute to the debt service for obligations of the Resolution Funding Corporation. (Currently such withdrawal is prohibited). (Sec. 404) Expands parameters governing long-term advances to: (1) include advances to any community financial institution for small businesses, small farms, and small agri-businesses; (2) state that FHLB cash (as well as, currently, deposits) are eligible collateral for securing a bank's interest in a loan or advance; and (3) repeal the 30 percent capital cap on the aggregate amount of outstanding advances that are secured by real estate related collateral. States that, in the case of any community financial institution, the collateral that is eligible for an FHLB loan includes secured loans for small business, agriculture, or securities representing a whole interest in secured loans. Authorizes an FHLB to renew certain advances on its own determination without concurrence by the FHFB. Requires an FHLB member with an advance secured by insufficient eligible collateral to reduce its level of outstanding advances according to a schedule determined by the FHLB (instead of, as currently, by the FHFB). Authorizes such Board to: (1) review the collateral standards applicable to each FHLB for designated classes of collateral; and (2) require an increase in such standards for safety and soundness purposes. (Sec. 405) Revises eligibility criteria to permit certain community financial institutions to gain FHLB membership regardless of the percentage of total assets represented by residential mortgage loans. (Sec. 406) Amends the FHLBA to increase from two years to four years the term of an elective director of a Federal home loan bank. Repeals the mandates for: (1) a procedure for informal review of certain supervisory decisions; and (2) the Housing Opportunity Hotline program. Repeals: (1) the prohibition against an FHLB's acquisition, without prior FHFB approval, of a bank building by purchase or an over-ten-year lease; (2) the requirement for FHFB approval of personnel decisions as well as the exercise of corporate powers by any FHLB; and (2) authorization for an FHLB president to be a member of the FHLB board. Grants the FHFB power to: (1) issue charges upon an FHLB or any executive officer or director for violation of law or regulation in connection with the granting of any application or other request by the bank, or any written agreement between the bank and the FHFB, and take affirmative action to correct conditions resulting from violations or practices, or to limit FHLB activities; and (2) sue and be sued. Repeals FHFB jurisdiction to approve the granting by an FHLB of a member's application to secure an advance. Revises guidelines governing reserves and dividends to permit dividend payments out of previously retained earnings or current net earnings (currently, only out of net earnings). Repeals the requirement for: (1) FHFB approval for such dividend payments; and (2) investment of FHLB reserves exclusively in U.S. obligations or certain other Federal Government-related securities. (Sec. 407) States that FHLB payments to the Resolution Funding Corporation to cover interest payments on obligations shall be a specified percentage of net earnings (currently an aggregate sum certain). (Sec. 408) Instructs the Comptroller General to study and report to Congress on possible revisions to the capital structure of the FHLB System and their possible impact upon the System's operations and a specified statutory obligation. Title V: Functional Regulation of Brokers and Dealers - Amends the Securities Exchange Act of 1934 to include: (1) certain bank activities within the definition of "broker" and "dealer" (thus subjecting them to registration requirements and regulation under such Act); and (2) a qualified Canadian government obligation within the definition of "government security". Title VI: Unitary Savings and Loan Holding Companies - Amends HOLA to declare specified restrictions inapplicable to certain unitary savings and loan holding companies in existence on or before a specified deadline, or whose applications were either filed or pending before such deadline. (Thus prohibits establishment of new unitary savings and loan holding companies.

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