Lending Enhancement Through Necessary Due Process Act
Referred to the Subcommittee on Financial Institutions and Consumer Credit.
Congressional Research Service
Official summary
Version 00 · Introduced in House · Jan 7, 1997
Lending Enhancement Through Necessary Due Process Act - Amends the Federal Deposit Insurance Act to make the following affirmative defenses available to a director, officer, or institution-affiliated party of an insured depository institution facing a civil action before a Federal court or banking agency: (1) business judgment; (2) regulatory approval; and (3) unforeseeable economic conditions. Sets forth a minimum standard for the order of production of personal financial information by a regulatory agency or court. Declares the Federal Rules of Civil Procedure applicable to Federal banking regulatory agencies with respect to prejudgment attachment of assets. Prohibits the Federal Deposit Insurance Corporation from bringing a civil action under State law against an officer or director of an insured depository institution for monetary damages for losses due to a disregard of a duty of care unless the State standard for such duty is as great or greater than the Federal standard.
No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.
Source last updated: Aug 21, 2025. Consult Congress.gov for the current record.
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