H.R. 1941

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Financial Institutions Examination Fairness and Reform Act

(Sec. 2) This bill amends the Federal Financial Institutions Examination Council Act of 1978 to require a federal financial institutions regulatory agency to make a final examination report to a financial institution within 60 days after the later of: (1) the exit interview for an examination of the institution, or (2) the provision of additional information by the institution relating to the examination.

The bill sets a deadline for the exit interview if a financial institution is not subject to a resident examiner program.

(Sec. 3) Examination standards are prescribed for financial institutions that:

• prescribe requirements and prohibitions for the treatment of certain commercial loans,
• prohibit a federal financial institution regulatory agency from requiring a well-capitalized financial institution to raise additional capital in lieu of certain actions prohibited with respect to such commercial loans, and
• require federal financial institutions regulatory agencies to develop and apply identical definitions and reporting requirements for non-accrual loans.

(Sec. 4) The bill establishes in the Federal Financial Institutions Examination Council (FFIEC) the Office of Independent Examination Review, headed by a director appointed by the FFIEC, but independent from any member agency of the FFIEC.

(Sec. 5) Financial institutions may appeal a material supervisory determination contained in a final report of examination.

The director must determine the merits of the appeal on the record, or, at the election of the financial institution, refer the appeal to an administrative law judge.

The director's decision on an appeal shall: (1) be the final agency action, and (2) bind the agency whose supervisory determination was the subject of the appeal and the financial institution making the appeal.

Financial institutions may also petition for judicial review of the director's decision.

The bill prohibits a federal financial institutions regulatory agency from:

• retaliating against a financial institution, including service providers, or any institution-affiliated party, for exercising appellate rights under this bill; or
• delaying or denying any agency action that would benefit a financial institution or any institution-affiliated party on the basis that an appeal under this bill is pending.

(Sec. 6) The Riegle Community Development and Regulatory Improvement Act of 1994 is amended to require:

• the Consumer Financial Protection Bureau to establish an independent intra-agency appellate process in connection with the regulatory appeals process, and
• safeguards to protect an insured depository institution or insured credit union from retaliation by any federal banking agency for exercising its rights.