Page:United States Statutes at Large Volume 108 Part 3.djvu/615

 PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2367 "SEC. 5244. INTERPRETATIONS CONCERNING PREEMPTION OF CER- TAIN STATE LAWS. "(a) NOTICE AND OPPORTUNITY FOR COMMENT REQUIRED.— Before issuing any opinion letter or interpretive rule, in response to a request or upon the agency's own motion, that concludes that Federal law preempts the application to a national bank of any State law regarding community reinvestment, consumer protection, fair lending, or the establishment of intrastate branches, or before making a determination under section 5155(f)(l)(A)(ii) of the Revised Statutes, the appropriate Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act) shall— "(1) publish in the Federal Register notice of the preemption or discrimination issue that the agency is considering (including a description of each State law at issue); "(2) give interested parties not less than 30 days in which to submit written comments; and "(3) in developing the final opinion letter or interpretive rule issued by the agency, or making any determination under section 5155(f)(l)(A)(ii) of the Revised Statutes, consider any comments received. "(b) PUBLICATION REQUIRED.— The appropriate Federal banking agency shall publish in the Federal Register— "(1) any final opinion letter or interpretive rule concluding that Federal law preempts the application of any State law regarding community reinvestment, consumer protection, fair lending, or establishment of intrastate branches to a national bank; and "(2) any determination under section 5155(f)(l)(A)(ii) of the Revised Statutes. "(c) EXCEPTIONS. — "(1) No NEW ISSUE OR SIGNIFICANT BASIS.— Th is section shall not apply with respect to any opinion letter or interpretive rule that— "(A) raises issues of Federal preemption of State law that are essentially identical to those previously resolved by the courts or on which the agency has previously issued an opinion letter or interpretive rule; or "(B) responds to a request that contains no significant legal basis on which to make a preemption determination. "(2) JUDICIAL, LEGISLATIVE, OR INTRAGOVERNMENTAL MATE- RIALS. —T h is section shall not apply with respect to materials prepared for use in judicial proceedings or submission to Congress or a Member of Congress, or for intragovernmental use. "(3) EMERGENCY.—The appropriate Federal banking agency may make exceptions to subsection (a) if— "(A) the agency determines in writing that the exception is necessary to avoid a serious and imminent threat to the safety and soundness of any national bank; or "(B) the opinion letter or interpretive rule is issued in connection with— "(i) an acquisition of 1 or more banks in default in danger of default (as such terms are defined section 3 of the Federal Deposit Insurance Act); 12 USC 43. or in or Federal Register, publication. Federal Register, publication. "(ii) an acquisition with respect to which the Federal Deposit Insurance Corporation provides assistance

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