[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1109 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 234
118th CONGRESS
  1st Session
                                H. R. 1109

                          [Report No. 118-290]

  To amend the Bank Service Company Act to provide improvements with 
       respect to State banking agencies, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 21, 2023

Mr. Williams of Texas (for himself, Mr. Meeks, and Mr. Hill) introduced 
 the following bill; which was referred to the Committee on Financial 
                                Services

                            December 1, 2023

              Additional sponsors: Mr. Case and Mr. Lawler

                            December 1, 2023

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 21, 2023]


_______________________________________________________________________

                                 A BILL


 
  To amend the Bank Service Company Act to provide improvements with 
       respect to State banking agencies, and for other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bank Service Company Examination 
Coordination Act of 2023''.

SEC. 2. BANK SERVICE COMPANY ACT IMPROVEMENTS.

    The Bank Service Company Act (12 U.S.C. 1861 et seq.) is amended--
            (1) in section 1(b)--
                    (A) in paragraph (8), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (9) as paragraph 
                (10); and
                    (C) by inserting after paragraph (8) the following:
            ``(9) the term `State banking agency' shall have the same 
        meaning given the term `State Bank Supervisor' under section 3 
        of the Federal Deposit Insurance Act; and'';
            (2) in section 5(a), by inserting ``, in consultation with 
        the State banking agency,'' after ``banking agency''; and
            (3) in section 7--
                    (A) in subsection (a)--
                            (i) in the first sentence, by inserting 
                        ``or State banking agency'' after ``appropriate 
                        Federal banking agency''; and
                            (ii) in the second sentence, by striking 
                        ``Federal banking agency that supervises any 
                        other shareholder or member'' and inserting 
                        ``Federal or State banking agency that 
                        supervises any other shareholder or member'';
                    (B) in subsection (c)--
                            (i) by inserting ``or a State banking 
                        agency'' after ``appropriate Federal banking 
                        agency''; and
                            (ii) by striking ``such agency'' each place 
                        such term appears and inserting ``such Federal 
                        or State agency'';
                    (C) by redesignating subsection (d) as subsection 
                (f);
                    (D) by inserting after subsection (c) the 
                following:
    ``(d) Availability of Information.--Information obtained pursuant 
to the regulation and examination of service providers under this 
section or applicable State law may be furnished by and accessible to 
Federal and State agencies to the same extent that supervisory 
information concerning depository institutions is authorized to be 
furnished to and required to be accessible by Federal and State 
agencies under section 7(a)(2) of the Federal Deposit Insurance Act (12 
U.S.C. 1817(a)(2)) or State law, as applicable.
    ``(e) Coordination With State Banking Agencies.--Where a State bank 
is principal shareholder or principal member of a bank service company 
or where a State bank is any other shareholder or member of the bank 
service company, the appropriate Federal banking agency, in carrying 
out examinations authorized by this section, shall--
            ``(1) provide reasonable and timely notice to the State 
        banking agency; and
            ``(2) to the fullest extent possible, coordinate and avoid 
        duplication of examination activities, reporting requirements, 
        and requests for information.'';
                    (E) in subsection (f), as so redesignated, by 
                inserting ``, in consultation with State banking 
                agencies,'' after ``appropriate Federal banking 
                agencies''; and
                    (F) by adding at the end the following:
    ``(g) Rule of Construction.--Nothing in this section shall be 
construed as granting authority for a State banking agency to examine a 
bank service company where no such authority exists in State law.''.
                                                 Union Calendar No. 234

118th CONGRESS

  1st Session

                               H. R. 1109

                          [Report No. 118-290]

_______________________________________________________________________

                                 A BILL

  To amend the Bank Service Company Act to provide improvements with 
       respect to State banking agencies, and for other purposes.

_______________________________________________________________________

                            December 1, 2023

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed