Title 12Banks and BankingRelease 119-73

§402 CONTINUATION AND COORDINATION OF CERTAIN REGULATIONS.

Title 12 › Chapter CHAPTER 11— - FEDERAL HOME LOAN BANKS › § 402

Last updated Apr 6, 2026|Official source

Summary

Keeps the old FSLIC and Federal Home Loan Bank Board rules that existed on August 9, 1989 for how account insurance worked and how the FSLIC insurance fund was run, until the FDIC writes new, uniform rules. Until the FDIC’s new rules take effect, the amount of insurance for any account that became insured because of a change in the law must be figured the same way those old FSLIC rules said, and it cannot be more than what those old rules would have allowed. The FDIC must review both its rules and the old FSLIC rules and, within 270 days after August 9, 1989, create one set of rules for all insured deposits (unless another law says treatment can differ). The FDIC must consider safety, depositor confidence, and stability. New rules must tell depositors about any changes and must start no later than 90 days after they become final. Amounts in custodial accounts held to pay a mortgage borrower’s principal, interest, taxes, and insurance are insured for $100,000 per borrower until the FDIC’s new rules take over. For adjustable-rate mortgage papers already in effect on August 9, 1989, old references to FSLIC or the Home Loan Bank Board must be read as referring to the new agencies now handling those duties. If an index used to set an adjustable rate stops being produced because of the law change, the Comptroller, the FDIC Chair, or the FHFA Chair must keep the old indexes available or allow a very similar index to replace it after notice and comment. Definitions: insured account — a type of insured housing-related account named in earlier housing law; insured depository institution — a bank or savings institution that is treated as insured under the federal deposit insurance law.

Full Legal Text

Title 12, §402

Banks and Banking — Source: USLM XML via OLRC

“(a)All regulations and orders of the Federal Savings and Loan Insurance Corporation, or the Federal Home Loan Bank Board (in such Board’s capacity as the board of trustees of such Corporation), which are in effect on the date of the enactment of this Act [Aug. 9, 1989] and relate to—
“(1)the provision, rates, or cancellation of insurance of accounts; or
“(2)the administration of the insurance fund of the Federal Savings and Loan Insurance Corporation,
“[(b)Repealed. Pub. L. 111–203, title III, § 367(5)(B), July 21, 2010, 124 Stat. 1556.]
“(c)“(1)Until the effective date of regulations prescribed under paragraph (3)(B), any determination of the amount of any insured deposit in any depository institution which becomes an insured depository institution as a result of the amendment made to section 4(a) of the Federal Deposit Insurance Act [12 U.S.C. 1814(a)] by section 205(1) of this Act shall be made in accordance with the regulations and interpretations of the Federal Savings and Loan Insurance Corporation for determining the amount of an insured account which were in effect on the day before the date of the enactment of this Act [Aug. 9, 1989].
“(2)During the period beginning on the date of the enactment of this Act and ending on the effective date of regulations prescribed under paragraph (3)(B), the amount of any insured account which is required to be treated as an insured deposit pursuant to paragraph (1) shall not exceed the amount of insurance to which such insured account would otherwise have been entitled pursuant to the regulations and interpretations of the Federal Savings and Loan Insurance Corporation which were in effect on the day before the date of the enactment of this Act.
“(3)The Federal Deposit Insurance Corporation shall—
“(A)review its regulations, principles, and interpretations for deposit insurance coverage and those established by the Federal Savings and Loan Insurance Corporation; and
“(B)on or before the end of the 270-day period beginning on the date of the enactment of this Act, prescribe a uniform set of regulations which shall be applicable to all insured deposits in insured depository institutions (except to the extent any provision of this Act, any amendment made by this Act to the Federal Deposit Insurance Act [12 U.S.C. 1811 et seq.], or any other provision of law requires or explicitly permits the Federal Deposit Insurance Corporation to treat insured deposits of Savings Association Insurance Fund members differently than insured deposits of Bank Insurance Fund members).
“(4)In prescribing regulations providing for the uniform treatment of deposit insurance coverage, the Federal Deposit Insurance Corporation shall consider all relevant factors necessary to promote safety and soundness, depositor confidence, and the stability of deposits in insured depository institutions.
“(5)Regulations prescribed under this subsection shall—
“(A)provide for effective notice to depositors in insured depository institutions of any change in deposit insurance coverage which would result under such regulations; and
“(B)take effect on or before the end of the 90-day period beginning on the date such regulations become final.
“(6)For purposes of this subsection—
“(A)The term ‘insured account’ has the meaning given to such term in section 401(c) of the National Housing Act [former 42 U.S.C. 1724(c)] (as in effect before the date of the enactment of this Act [Aug. 9, 1989]).
“(B)The term ‘insured depository institution’ has the meaning given to such term in section 3(c)(2) of the Federal Deposit Insurance Act [12 U.S.C. 1813(c)(2)].
“(d)“(1)Subject to paragraph (2) and notwithstanding subsection (a) or any limitation contained in the Federal Deposit Insurance Act [12 U.S.C. 1811 et seq.] relating to the amount of deposit insurance available to any 1 borrower, amounts held in custodial accounts in insured depository institutions (as defined in section 3(c)(2) of such Act [12 U.S.C. 1813(c)(2)]) for the payment of principal, interest, tax, and insurance payments for mortgage borrowers, shall be insured under the Federal Deposit Insurance Act in the amount of $100,000 per mortgage borrower.
“(2)After the effective date of the regulations prescribed under subsection (c)—
“(A)the amount of deposit insurance available for custodial accounts shall be determined in accordance with such regulations; and
“(B)paragraph (1) shall cease to apply with respect to such accounts.
“(e)“(1)For purposes of adjustable rate mortgage instruments that are in effect as of the date of enactment of this Act [Aug. 9, 1989], any reference in the instrument to the Federal Savings and Loan Insurance Corporation, the Federal Home Loan Bank Board, or institutions insured by the Federal Savings and Loan Insurance Corporation before such date shall be treated as a reference to the Federal Deposit Insurance Corporation, the Federal Housing Finance Agency, the Comptroller of the Currency, or institutions which are members of the Savings Association Insurance Fund, as appropriate on the basis of the transfer of functions pursuant to this Act [see Tables for classification], unless the context of the reference requires otherwise.
“(2)If any index used to calculate the applicable interest rate on any adjustable rate mortgage instrument is no longer calculated and made available as a direct or indirect result of the enactment of this Act, any index—
“(A)made available by the Comptroller of the Currency, the Chairperson of the Federal Deposit Insurance Corporation, or the Chairperson of the Federal Housing Finance Agency pursuant to paragraph (3); or
“(B)determined by the Comptroller of the Currency, the Chairperson of the Federal Deposit Insurance Corporation, or the Chairperson of the Federal Housing Finance Agency, pursuant to paragraph (4), to be substantially similar to the index which is no longer calculated or made available,
“(3)Promptly after the enactment of this subsection [Aug. 9, 1989], the Comptroller of the Currency, the Chairperson of the Federal Deposit Insurance Corporation, and the Chairperson of the Federal Housing Finance Agency shall take such action as may be necessary to assure that the indexes prepared by the Federal Savings and Loan Insurance Corporation, the Federal Home Loan Bank Board, and the Federal home loan banks immediately prior to the enactment of this subsection and used to calculate the interest rate on adjustable rate mortgage instruments continue to be available.
“(4)If any agency can no longer make available an index pursuant to paragraph (3), an index that is substantially similar to such index may be substituted for such index for purposes of paragraph (2) if the Comptroller of the Currency, the Chairperson of the Federal Deposit Insurance Corporation, or the Chairperson of the Federal Housing Finance Agency, as the case may be, determines, after notice and opportunity for comment, that—
“(A)the new index is based upon data substantially similar to that of the original index; and
“(B)the substitution of the new index will result in an interest rate substantially similar to the rate in effect at the time the original index became unavailable.

Reference

Citations & Metadata

Citation

12 U.S.C. § 402

Title 12Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73