§1813 Definitions

The Federal Reserve Act, referred to in subsec. (q)(3)(B), is act Dec. 23, 1913, ch. 6, 38 Stat. 251, which is classified principally to chapter 3 (§ 221 et seq.) of this title. For complete classification of this Act to the Code, see

note set out under section 226 of this title and Tables. The International Banking Act of 1978, referred to in subsec. (q)(3)(B), is Pub. L. 95–369, Sept. 17, 1978, 92 Stat. 607, which is classified principally to chapter 32 (§ 3101 et seq.) of this title. For complete classification of this Act to the Code, see

note set out under section 3101 of this title and Tables. The Financial Institutions Supervisory Act of 1966, referred to in subsec. (q)(3)(E), is Pub. L. 89–695, Oct. 16, 1966, 80 Stat. 1028. For complete classification of this Act to the Code, see

of 1966 Amendment note set out under section 1464 of this title and Tables. section 1817(b)(2)(C) of this title, referred to in subsec. (y)(3), was redesignated section 1817(b)(2)(D) of this title by Pub. L. 111–203, title III, § 331(a)(2), July 21, 2010, 124 Stat. 1538.

Section is derived from subsec. (c) of former section 264 of this title. See Codification note set out under section 1811 of this title.

2010—Subsec. (b)(1)(C). Pub. L. 111–203, § 363(1)(A), substituted “Comptroller of the Currency” for “Director of the Office of Thrift Supervision”. Subsec. (l)(5). Pub. L. 111–203, § 363(1)(B), struck out “Director of the Office of Thrift Supervision,” before “and the Board” in introductory provisions. Subsec. (q)(1) to (4). Pub. L. 111–203, § 312(c)(1), added pars. (1) to (3) and struck out former pars. (1) to (4) which listed the circumstances under which “appropriate Federal banking agency” meant, respectively, the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Director of the Office of Thrift Supervision. Subsec. (u)(1), (3). Pub. L. 111–203, § 312(c)(2), substituted “(other than a bank holding company or savings and loan holding company” for “(other than a bank holding company”. Subsec. (y)(3). Pub. L. 111–203, § 334(b), inserted “, or such comparable percentage of the assessment base set forth in section 1817(b)(2)(C) of this title” before the period. Subsec. (z). Pub. L. 111–203, § 363(1)(C), struck out “the Director of the Office of Thrift Supervision,” before “the Board”. 2008—Subsec. (i). Pub. L. 110–289 added subsec. (i) and struck out former subsec. (i). Prior to amendment, text read as follows: “(1) New bank.—The term ‘new bank’ means a new national bank, other than a bridge bank, organized by the Corporation in accordance with section 1821(m) of this title. “(2) Bridge bank.—The term ‘bridge bank’ means a new national bank organized by the Corporation in accordance with section 1821(n) of this title.” 2006—Subsec. (a)(1)(B). Pub. L. 109–173, § 8(a)(1)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: “includes any former savings association that— “(i) has converted from a savings association charter; and “(ii) is a Savings Association Insurance Fund member.” Pub. L. 109–171, § 2102(b), repealed Pub. L. 104–208, § 2704(d)(14)(A). See 1996 Amendment note below. Subsec. (a)(2)(B). Pub. L. 109–351 and 109–356 amended subpar. (B) identically, striking out “(except a national bank)” after “District of Columbia”. Subsec. (y). Pub. L. 109–173, § 4(a), inserted subsec. heading and par. (1) designation and heading and added par. (2). Pub. L. 109–171, § 2102(b), repealed Pub. L. 104–208, § 2704(d)(6)(A). See 1996 Amendment note below. Subsec. (y)(1). Pub. L. 109–173, § 8(a)(1)(B), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “The term ‘deposit insurance fund’ means the Bank Insurance Fund or the Savings Association Insurance Fund, as appropriate.” Subsec. (y)(3). Pub. L. 109–171, § 2107(b), added par. (3). 2004—Subsec. (a)(1)(A). Pub. L. 108–386, § 8(a)(1)(A), substituted “and State bank” for “, State bank, and District bank”. Subsec. (a)(4). Pub. L. 108–386, § 8(a)(1)(B), struck out heading and text of par. (4). Text read as follows: “The term ‘District bank’ means any State bank operating under the Code of Law of the District of Columbia.” Subsec. (q)(1). Pub. L. 108–386, § 8(a)(1)(C), struck out “, any District bank,” after “national banking association”. Subsec. (q)(2)(A). Pub. L. 108–386, § 8(a)(1)(D), struck out “(except a District bank)” after “State member insured bank”. Subsec. (q)(3). Pub. L. 108–386, § 8(a)(1)(E), struck out “(except a District bank),” after “State nonmember insured bank”. 1996—Subsec. (a)(1)(B). Pub. L. 104–208, § 2704(d)(14)(A), which directed striking out subpar. (B) and adding a new subpar. (B), was repealed by Pub. L. 109–171. See

of 1996 Amendment note below and 2006 Amendment note above. Subsec. (l)(5)(C). Pub. L. 104–208, § 2614(a), added subpar. (C). Subsec. (o). Pub. L. 104–208, § 2205(b), substituted “lent. The term ‘domestic branch’ does not include an automated teller machine or a remote service unit. The” for “lent; and the”. Subsec. (y). Pub. L. 104–208, § 2704(d)(6)(A), which directed the general amendment of subsec. (y), was repealed by Pub. L. 109–171. See

of 1996 Amendment note below and 2006 Amendment note above. 1994—Subsec. (i)(1). Pub. L. 103–325, § 602(a)(1)(A), substituted “section 1821(m) of this title” for “section 1821(h) of this title”. Subsec. (l)(4). Pub. L. 103–325, § 602(a)(1)(B), substituted “a bank’s or a” for “bank’s or” before “savings association’s balance”. Subsec. (l)(5)(A). Pub. L. 103–325, § 326(b)(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “any obligation of a bank or savings association which is payable only at an office of such bank or savings association located outside of the States of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands; and”. Subsec. (q)(2)(E). Pub. L. 103–325, § 602(a)(1)(C), substituted “Financial Institutions Supervisory Act of 1966” for “Depository Institutions Supervisory Act”. 1993—Subsec. (w)(7). Pub. L. 103–204, § 19(b)(2), added par. (7). Subsec. (z). Pub. L. 103–204, § 19(b)(1), amended subsec. (z) generally. Prior to amendment, subsec. (z) read as follows: “Federal Banking Agencies.—The term ‘Federal banking agencies’ means the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation.” 1992—Subsec. (i)(2). Pub. L. 102–550, § 1606(g)(2), substituted “1821(n)” for “1821(i)”. Subsec. (r). Pub. L. 102–550, § 1603(b)(2)(B), which directed the amendment of section 112 of the “Federal Deposit Insurance Corporation Improvement Act of 1992”, was executed by amending section 112 of Pub. L. 102–242, which is the Federal Deposit Insurance Corporation Improvement Act of 1991, to reflect the probable intent of Congress. See 1991 Amendment note below. Subsec. (y). Pub. L. 102–550, § 1603(d)(5), amended directory language of Pub. L. 102–242, § 131(c)(3). See 1991 Amendment note below. 1991—Subsec. (m). Pub. L. 102–242, § 311(b)(5)(A), inserted heading. Subsec. (m)(1). Pub. L. 102–242, § 311(b)(5)(A), added par. (1) and struck out former par. (1) which read as follows: “Subject to the provisions of paragraph (2) of this subsection, the term ‘insured deposit’ means the net amount due to any depositor (other than a depositor referred to in the third sentence of this subsection) for deposits in an insured depository institution (after deducting offsets) less any part thereof which is in excess of $100,000. Such net amount shall be determined according to such

as the Board of Directors may prescribe, and in determining the amount due to any depositor there shall be added together all deposits in the depository institution maintained in the same capacity and the same right for his benefit either in his own name or in the names of others except trust funds which shall be insured as provided in subsection (i) of section 1817 of this title. Each officer, employee, or agent of the United States, of any State of the United States, of the District of Columbia, of any Territory of the United States, of Puerto Rico, of Guam, of American Samoa, of the Trust Territory of the Pacific Islands, of the Virgin Islands, of the Northern Mariana Islands, of any county, of any municipality, or of any political subdivision thereof, herein called ‘public unit’, having official custody of public funds and lawfully depositing the same in an insured depository institution shall, for the purpose of determining the amount of the insured deposits, be deemed a depositor in such custodial capacity separate and distinct from any other officer, employee, or agent of the same or any public unit having official custody of public funds and lawfully depositing the same in the same insured depository institution in custodial capacity. For the purpose of clarifying and defining the insurance coverage under this subsection and subsection (i) of section 1817 of this title, the Corporation is authorized to define, with such classifications and exceptions as it may prescribe, terms used in those subsections, in subsection (p) of this section, and in subsections (a) and (i) of section 1821 of this title and the extent of the insurance coverage resulting therefrom.” Subsec. (m)(3), (4). Pub. L. 102–242, § 141(f), added pars. (3) and (4). Subsec. (r). Pub. L. 102–242, § 112(b), as added by Pub. L. 102–550, § 1603(b)(2)(B), amended subsec. (r) generally. Prior to amendment, subsec. (r) read as follows: “The terms ‘foreign bank’ and ‘Federal branch’ shall be construed consistently with the usage of such terms in the International Banking Act of 1978.” Subsec. (s). Pub. L. 102–242, § 111(e), amended subsec. (s) generally. Prior to amendment, subsec. (s) read as follows: “The term ‘insured branch’ means a branch of a foreign bank any deposits in which are insured in accordance with the provisions of this chapter.” Subsec. (w). Pub. L. 102–242, § 161(c), substituted “Affiliates of Depository Institutions” for “Holding Companies” in heading. Subsec. (y). Pub. L. 102–242, § 131(c)(3), as amended by Pub. L. 102–550, § 1603(d)(5), added subsec. (y). Subsec. (z). Pub. L. 102–242, § 305(c), added subsec. (z). 1989—Subsec. (a). Pub. L. 101–73, § 204(a), amended subsec. (a) generally, substituting provisions defining “bank”, “State bank”, “State”, and “District bank” for provisions defining “State bank” and “State”. Subsec. (b). Pub. L. 101–73, § 204(b), amended subsec. (b) generally, substituting provisions defining “savings association”, “Federal savings association”, and “State savings association” for provisions defining “State member bank” and “State nonmember bank”. Subsec. (c). Pub. L. 101–73, § 204(c), amended subsec. (c) generally, substituting definitions relating to depository institutions for definition of “District bank”. Subsec. (d). Pub. L. 101–73, § 204(d), amended subsec. (d) generally, substituting provisions defining “national member bank” and “State member bank” for provisions defining “national member bank”. Subsec. (e). Pub. L. 101–73, § 204(e), amended subsec. (e) generally, substituting provisions defining “national nonmember bank” and “State nonmember bank” for provisions defining “national nonmember bank”. Subsec. (j). Pub. L. 101–73, § 204(f)(1), inserted “or savings association” after “of a bank”. Subsec. (l)(1) to (3). Pub. L. 101–73, § 204(f)(2)(A), inserted “or savings association” after “a bank”, “the bank”, “receiving bank”, and “such bank” wherever appearing. Subsec. (l)(4). Pub. L. 101–73, § 204(f)(2)(A), (B), inserted “or savings association” after “another bank”, and “or savings association’s” after “bank’s”. Subsec. (l)(5). Pub. L. 101–73, § 204(f)(2)(A), (C), inserted “or savings association” after “a bank”, and “, Director of the Office of Thrift Supervision,” after “Comptroller of the Currency”. Subsec. (l)(5)(A). Pub. L. 101–73, § 204(f)(2)(A), (D), inserted “or savings association” after “a bank” and after “such bank”, and substituted “the Virgin Islands, and the Northern Mariana Islands” for “and the Virgin Islands”. Subsec. (m)(1). Pub. L. 101–73, § 204(f)(3)(A), substituted “deposits in the depository institution maintained” for “deposits in the bank maintained” and inserted reference to the Northern Mariana Islands. Pub. L. 101–73, § 201(a), substituted “insured depository institution” for “insured bank” wherever appearing. Subsec. (m)(2). Pub. L. 101–73, § 204(f)(3)(B), substituted “term” for “ther”. Subsec. (n). Pub. L. 101–73, § 201(a), substituted “insured depository institution” for “insured bank” wherever appearing. Subsec. (p). Pub. L. 101–73, § 201(a), substituted “insured depository institution” for “insured bank”. Subsec. (q). Pub. L. 101–73, § 204(f)(4), amended subsec. (q) generally. Prior to amendment, subsec. (q) read as follows: “The term ‘appropriate Federal banking agency’ shall mean— “(1) the Comptroller of the Currency in the case of a national banking association, a District bank, or a Federal branch or agency of a foreign bank; “(2) the Board of Governors of the Federal Reserve System— “(A) in the case of a State member insured bank (except a District bank), “(B) in the case of any branch or agency of a foreign bank with respect to any provision of the Federal Reserve Act which is made applicable under the International Banking Act of 1978, “(C) in the case of any foreign bank which does not operate an insured branch, “(D) in the case of any agency or commercial lending company other than a Federal agency, and “(E) in the case of supervisory or regulatory proceedings arising from the authority given to the Board of Governors under section 7(c)(1) of the International Banking Act of 1978, including such proceedings under the Financial Institutions Supervisory Act, “(3) the Federal Deposit Insurance Corporation in the case of a State nonmember insured Bank (except a District bank) or a foreign bank having an insured branch; and “(4) the Federal Home Loan Bank Board in the case of an insured Federal savings bank. Under the rule set forth in this subsection, more than one agency may be an appropriate Federal banking agency with respect to any given institution. For the purposes of subsections (b) through (n) of section 1818 of this title, the term ‘insured bank’ shall be deemed to include any uninsured branch or agency of a foreign bank or any commercial lending company owned or controlled by a foreign bank.” Subsec. (t). Pub. L. 101–73, § 204(f)(5), amended subsec. (t) generally, substituting provisions relating to definition and

of “includes” and “including” for provisions defining “insured Federal savings bank”. Subsecs. (u) to (x). Pub. L. 101–73, § 204(f)(6), added subsecs. (u) to (x). 1987—Subsec. (g). Pub. L. 100–86, § 101(g)(1), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “The term ‘savings bank’ means a bank (other than a mutual savings bank) which transacts its ordinary banking business strictly as a savings bank under State laws imposing special requirements on such banks governing the manner of investing their funds and of conducting their business: Provided, That the bank maintains, until maturity date or until withdrawn, all deposits made with it (other than funds held by it in a fiduciary capacity) as time savings deposits of the specific term type or of the type where the right is reserved to the bank to require written notice before permitting withdrawal: Provided further, That such bank to be considered a savings bank must elect to become subject to

of 2010 AmendmentAmendment by section 312(c) of Pub. L. 111–203 effective on the transfer date, see section 5412(a) of this title. Amendment by section 334(b) of Pub. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as an

note under section 5301 of this title. Amendment by section 363(1) of Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

of 2006 Amendment Pub. L. 109–173, § 4(b), Feb. 15, 2006, 119 Stat. 3606, provided that: “This section [amending this section] and the

made by this section shall take effect on the date that the final

required under section 2109(a)(1) of the Federal Deposit Insurance Reform Act of 2005 [Pub. L. 109–171, set out as a

note under section 1817 of this title] take effect [Jan. 1, 2007, see 71 F.R. 69323].” Pub. L. 109–173, § 8(b), Feb. 15, 2006, 119 Stat. 3616, provided that: “This section [amending this section and sections 1815 to 1818, 1821 to 1825, 1827, 1828, 1831a, 1831e, 1831m, 1831n, and 1831o of this title and repealing section 1831h of this title] and the

made by this section shall take effect on the day of the merger of the Bank Insurance Fund and the Savings Association Insurance Fund [Mar. 31, 2006, see 71 F.R. 20524] pursuant to the Federal Deposit Insurance Reform Act of 2005 [subtitle B (§§ 2101–2109) of title II of Pub. L. 109–171, see

of 2006 Amendment note set out under section 1811 of this title].” Amendment by section 2102(b) of Pub. L. 109–171 effective no later than the first day of the first calendar quarter that begins after the end of the 90-day period beginning Feb. 8, 2006, see section 2102(c) of Pub. L. 109–171, set out as a Merger of BIF and SAIF note under section 1821 of this title.

of 2004 AmendmentAmendment by Pub. L. 108–386 effective Oct. 30, 2004, and, except as otherwise provided, applicable with respect to fiscal year 2005 and each succeeding fiscal year, see section 8(i) and 9 of Pub. L. 108–386, set out as notes under section 321 of this title.

of 1996 Amendment Pub. L. 104–208, div. A, title II, § 2614(b), Sept. 30, 1996, 110 Stat. 3009–478, provided that: “The

made by subsection (a) [amending this section] shall apply to any liability of an insured depository that arises under an annuity contract issued on or after the date of enactment of this Act [Sept. 30, 1996].” Amendment by section 2704(d)(6)(A), (14)(A) of Pub. L. 104–208 effective Jan. 1, 1999, if no insured depository institution is a savings association on that date, see section 2704(c) of Pub. L. 104–208, formerly set out as a note under section 1821 of this title.

of 1992 AmendmentAmendment by Pub. L. 102–550 effective as if included in the Federal Deposit Insurance Corporation Improvement Act of 1991, Pub. L. 102–242, as of Dec. 19, 1991, except that where amendment is to any provision of law added or amended by Pub. L. 102–242 effective after Dec. 19, 1992, then amendment by Pub. L. 102–550 effective on

of amendment by Pub. L. 102–242, see section 1609 of Pub. L. 102–550, set out as a note under section 191 of this title.

of 1991 AmendmentAmendment by section 131(c)(3) of Pub. L. 102–242 effective 1 year after Dec. 19, 1991, see section 131(f) of Pub. L. 102–242, set out as a note under section 1464 of this title. Amendment by section 311(b)(5)(A) of Pub. L. 102–242 not applicable to any time deposit which was made before Dec. 19, 1991, and matures after end of 2-year period beginning Dec. 19, 1991, with rollovers and renewals treated as new deposits, see section 311(c)(2) of Pub. L. 102–242, set out as a note under section 1821 of this title.

of 1980 AmendmentAmendment by Pub. L. 96–221 effective Mar. 31, 1980, see section 308(e) of Pub. L. 96–221, set out as a note under section 1817 of this title. Applicability of 1980 Amendment Pub. L. 96–221, title III, § 308(a)(2), Mar. 31, 1980, 94 Stat. 147, provided that: “The

made by this subsection [amending this section and section 1817 and 1821 of this title] are not applicable to any claim arising out of the closing of a bank prior to the

of this section [see section 308(e) of Pub. L. 96–221, set out as a note under section 1817 of this title].”

of 1978 AmendmentAmendment by Pub. L. 95–630 effective on expiration of 120 days after Nov. 10, 1978, see section 2101 of Pub. L. 95–630, set out as an

note under section 375b of this title.

of 1974 Amendment Pub. L. 93–495, title I, § 101(g), Oct. 28, 1974, 88 Stat. 1502, provided that: “This section and the

made by it [amending this section and section 1464, 1724, 1728, 1757, 1787, 1817, and 1821 of this title] shall take effect on the thirtieth day beginning after the date of enactment of this Act [Oct. 28, 1974].” Pub. L. 93–495, title I, § 102(b), (c), Oct. 28, 1974, 88 Stat. 1502, provided that: “(b) The

made by this section [amending this section and section 1817 and 1821 of this title] are not applicable to any claim arising out of the closing of a bank prior to the

of this section. “(c) The

made by this section shall take effect on the thirtieth day beginning after the date of enactment of this Act [Oct. 28, 1974].”

of 1969 Amendment Pub. L. 91–151, § 7(b), Dec. 23, 1969, 83 Stat. 375, provided that: “The

made by this section [amending this section and section 1817 and 1821 of this title] are not applicable to any claim arising out of the closing of a bank prior to the date of enactment of this Act [Dec. 23, 1969].”

of 1966 Amendment Pub. L. 89–695, title III, §§ 301(e), Oct. 16, 1966, 80 Stat. 1055, provided that: “The

made by this section [amending this section and section 1817 and 1821 of this title] shall not be applicable to any claim arising out of the closing of a bank where such closing is prior to the date of enactment of this Act [Oct. 16, 1966].” Expiration of 1966 Amendment Pub. L. 91–609, title IX, § 908, Dec. 31, 1970, 84 Stat. 1811, repealed section 401 of Pub. L. 89–695 which had provided that: “The provisions of titles I and II of this Act [amending this section and section 1464, 1730, 1817 to 1820 of this title, repealing section 77 of this title, and enacting provisions set out as notes under this section and section 1464 and 1730 of this title] and any provisions of law enacted by said titles shall be effective only during the period ending at the close of June 30, 1972. Effective upon the expiration of such period, each provision of law amended by either of such titles is further amended to read as it did immediately prior to the enactment of this Act [Oct. 16, 1966] and each provision of law repealed by either of such titles is reenacted”.

of 1960 AmendmentAmendment by Pub. L. 86–671 effective Jan. 1, 1961, see section 7 of Pub. L. 86–671, set out as a note under section 1817 of this title. Conditions Governing Employment of Personnel Not Repealed, Modified, or Affected Pub. L. 89–695, title II, § 206, Oct. 16, 1966, 80 Stat. 1055, provided that: “Nothing contained in this title [amending this section and sections 1817 to 1820 of this title and repealing section 77 of this title] shall be construed to repeal, modify, or affect the provisions of section 19 of the Federal Deposit Insurance Act (12 U.S.C. 1829).”

Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.