12 U.S.C. § 93a — Authority to prescribe rules and regula-

Page 54 TITLE 12—BANKS AND BANKING § 93a Editorial Notes REFERENCES IN TEXT Title 62 of the Revised Statutes, referred to in sub- secs. (a), (b)(1), and (d), was in the original ‘‘this Title’’ meaning title LXII of the Revised Statutes, consisting of R.S. §§ 5133 to 5244, which are classified to this sec- tion and sections 16, 21, 22 to 24a, 25a, 25b, 26, 27, 29, 35 to 37, 39, 43, 52, 53, 55 to 57, 59 to 62, 66, 71, 72 to 76, 81, 83 to 86, 90, 91, 93a, 94, 141 to 144, 161, 164, 181, 182, 192 to 194, 196, 215c, 481 to 485, 501, 541, 548, and 582 of this title. See, also, sections 8, 333, 334, 475, 656, 709, 1004, and 1005 of Title 18, Crimes and Criminal Procedure. For com- plete classification of R.S. §§ 5133 to 5244 to the Code, see Tables. CODIFICATION R.S. § 5239 derived from act June 3, 1864, ch. 106, § 53, 13 Stat. 116, which was the National Bank Act. See sec- tion 38 of this title. Act Mar. 3, 1911, conferred the powers and duties of the former circuit courts upon the district courts. AMENDMENTS 1994—Subsec. (c). Pub. L. 103–322, § 330017(b)(2), and Pub. L. 103–325, § 413(b)(2), amended section identically, redesignating subsec. (c), relating to forfeiture of fran- chise for money laundering, as (d). Subsec. (d). Pub. L. 103–322, § 330017(b)(2), and Pub. L. 103–325, § 413(b)(2), amended section identically, redesig- nating subsec. (c), relating to forfeiture of franchise for money laundering, as (d). Pub. L. 103–325, § 331(b)(3), added subsec. (d) relating to authority. Subsec. (d)(1)(B). Pub. L. 103–325, § 411(c)(2)(C), sub- stituted ‘‘section 5322 or 5324 of title 31’’ for ‘‘section 5322 of title 31’’. 1992—Subsec. (c). Pub. L. 102–550 added subsec. (c) re- lating to forfeiture of franchise for money laundering. 1989—Subsec. (b). Pub. L. 101–73, § 907(e), amended sub- sec. (b) generally, revising and restating as pars. (1) to (8) and (12) provisions of former pars. (1) to (8). Subsec. (c). Pub. L. 101–73, § 905(e), added subsec. (c) relating to notice after separation from service. 1982—Subsec. (b)(1). Pub. L. 97–320, as amended by Pub. L. 97–457, inserted ‘‘or any of the provisions of sec- tion 92a of this title’’, and substituted ‘‘may be as- sessed’’ for ‘‘shall be assessed’’ and ‘‘title’’ for ‘‘chap- ter’’. 1978—Pub. L. 95–630 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–73, title IX, § 907(l), Aug. 9, 1989, 103 Stat. 476, provided that: ‘‘The amendments made by this sec- tion [amending this section and sections 481, 504, 505, 1467a, 1786, 1817, 1818, 1828, 1847, and 1972 of this title] shall apply with respect to conduct engaged in by any person after the date of the enactment of this Act [Aug. 9, 1989], except that the increased maximum civil pen- alties of $5,000 and $25,000 per violation or per day may apply to such conduct engaged in before such date if such conduct— ‘‘(1) is not already subject to a notice (initiating an administrative proceeding) issued by the appropriate Federal banking agency (as defined in section 3(q) of the Federal Deposit Insurance Act [12 U.S.C. 1813(q)]) or the National Credit Union Administration Board; and ‘‘(2) occurred after the completion of the last report of examination of the institution involved by the ap- propriate Federal banking agency (as so defined) oc- curring before the date of the enactment of this Act.’’ EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–630, title I, § 109, Nov. 10, 1978, 92 Stat. 3665, provided that: ‘‘Any amendment made by this title which provides for the imposition of civil penalties [en- acting sections 504 and 505 of this title and amending this section and sections 1464, 1730, 1730a, 1786, 1818, 1828, and 1847 of this title] shall apply only to viola- tions occurring or continuing after the date of its en- actment [Nov. 10, 1978].’’ Executive Documents EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comp- troller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title. § 93a. Authority to prescribe rules and regula- tions Except to the extent that authority to issue such rules and regulations has been expressly and exclusively granted to another regulatory agency, the Comptroller of the Currency is au- thorized to prescribe rules and regulations to carry out the responsibilities of the office, ex- cept that the authority conferred by this section does not apply to section 36 of this title or to se- curities activities of National Banks under the Act commonly known as the ‘‘Glass-Steagall Act’’. (R.S. § 5239A, as added Pub. L. 96–221, title VII, § 708, Mar. 31, 1980, 94 Stat. 188.) Editorial Notes REFERENCES IN TEXT The Glass-Steagall Act, referred to in text, probably refers to act June 16, 1933, ch. 89, 48 Stat. 162, also known as the Banking Act of 1933 or the Glass-Steagall Act, 1933, rather than to act Feb. 27, 1932, ch. 58, 47 Stat. 56, known as the Glass-Steagall Act, 1932. Section 16 of the 1933 act, which amended section 24 (Seventh) of this title, related in part to securities activities of national banks. For complete classification of these Acts to the Code, see Tables. § 94. Venue of suits Any action or proceeding against a national banking association for which the Federal De- posit Insurance Corporation has been appointed receiver, or against the Federal Deposit Insur- ance Corporation as receiver of such association, shall be brought in the district or territorial court of the United States held within the dis- trict in which that association’s principal place of business is located, or, in the event any State, county, or municipal court has jurisdiction over such an action or proceeding, in such court in the county or city in which that association’s principal place of business is located. (R.S. § 5198; Feb. 18, 1875, ch. 80, § 1, 18 Stat. 320; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Pub. L. 97–320, title IV, § 406, Oct. 15, 1982, 96 Stat. 1512; Pub. L. 97–457, § 20(a), Jan. 12, 1983, 96 Stat. 2509.) Editorial Notes CODIFICATION The last sentence of R.S. § 5198, as added by act Feb. 18, 1875, ch. 80, § 1, 18 Stat. 320, appears to have been de- rived from act June 3, 1864, ch. 106, § 57, 13 Stat. 116, which was the National Bank Act. See section 38 of this title. Section is comprised of last sentence of R.S. § 5198 as added by act Feb. 18, 1875, ch. 80, § 1, 18 Stat. 320. The