; and (2) the legal authority on which the agency relied in making such requests and orders and the frequency on which the agency relied on each such authority. (e) Definitions For purposes of this section: (1) Appropriate Federal banking agency The term appropriate Federal banking agency means— (A) the appropriate Federal banking agency, as defined under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); and (B) the National Credit Union Administration, in the case of an insured credit union. (2) Depository institution The term depository institution means— (A) a depository institution, as defined under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); and (B) an insured credit union. III Encouraging Public Offerings Act 917. Expanding testing the waters and confidential submissions The Securities Act of 1933 ( 15 U.S.C. 77a et seq.) is amended— (1) in section 5(d)— (A) by striking Notwithstanding and inserting the following: (1) In general Notwithstanding ; (B) by striking an emerging growth company or any person authorized to act on behalf of an emerging growth company and inserting an issuer or any person authorized to act on behalf of an issuer ; and (C) by adding at the end the following: (2) Additional requirements (A) In general The Commission may issue regulations, subject to public notice and comment, to impose such other terms, conditions, or requirements on the engaging in oral or written communications described under paragraph (1) by an issuer other than an emerging growth company as the Commission determines appropriate. (B) Report to Congress Prior to any rulemaking described under subparagraph (A), the Commission shall issue a report to the Congress containing a list of the findings supporting the basis of such rulemaking. ; and (2) in section 6(e)— (A) in the heading, by striking Emerging growth companies and inserting Draft registration statements ; (B) by redesignating paragraph (2) as paragraph (4)