[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6072 Engrossed in House (EH)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                H. R. 6072

_______________________________________________________________________

                                 AN ACT


 
     To amend the Federal Deposit Insurance Act to provide further 
   regulatory relief for depository institutions and clarify certain 
   provisions of law applicable to such institutions, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Financial Services Regulatory Relief 
Amendments Act of 2006''.

SEC. 2. AMENDMENTS RELATING TO NONFEDERALLY INSURED CREDIT UNIONS.

    (a) In General.--Subsection (a) of section 43 of the Federal 
Deposit Insurance Act (12 U.S.C. 1831t(a)) is amended by adding at the 
end the following new paragraph:
            ``(3) Enforcement by appropriate state supervisor.--Any 
        appropriate State supervisor of a private deposit insurer, and 
        any appropriate State supervisor of a depository institution 
        which receives deposits that are insured by a private deposit 
        insurer, may examine and enforce compliance with this 
        subsection under the applicable regulatory authority of such 
        supervisor.''.
    (b) Amendment Relating to Disclosures Required, Periodic Statements 
and Account Records.--Section 43(b)(1) of the Federal Deposit Insurance 
Act (12 U.S.C. 1831t(b)(1)) is amended by striking ``or similar 
instrument evidencing a deposit'' and inserting ``or share 
certificate''.
    (c) Amendments Relating to Disclosures Required, Advertising, 
Premises.--Section 43(b)(2) of the Federal Deposit Insurance Act (12 
U.S.C. 1831t(b)(2)) is amended to read as follows:
            ``(2) Advertising; premises.--
                    ``(A) In general.--Include clearly and 
                conspicuously in all advertising, except as provided in 
                subparagraph (B); and at each station or window where 
                deposits are normally received, its principal place of 
                business and all its branches where it accepts deposits 
                or opens accounts (excluding automated teller machines 
                or point of sale terminals), and on its main Internet 
                page, a notice that the institution is not federally 
                insured.
                    ``(B) Exceptions.--The following need not include a 
                notice that the institution is not federally insured:
                            ``(i) Statements or reports of financial 
                        condition of the depository institution that 
                        are required to be published or posted by State 
                        or Federal law or regulation.
                            ``(ii) Any sign, document, or other item 
                        that contains the name of the depository 
                        institution, its logo, or its contact 
                        information, but only if the sign, document, or 
                        item does not include any information about the 
                        institution's products or services or 
                        information otherwise promoting the 
                        institution.
                            ``(iii) Small utilitarian items that do not 
                        mention deposit products or insurance if 
                        inclusion of the notice would be 
                        impractical.''.
    (d) Amendments Relating to Acknowledgment of Disclosure.--Section 
43(b)(3) of the Federal Deposit Insurance Act (12 U.S.C. 1831t(b)(3)) 
is amended to read as follows:
            ``(3) Acknowledgment of disclosure.--
                    ``(A) New depositors obtained other than through a 
                conversion or merger.--With respect to any depositor 
                who was not a depositor at the depository institution 
                before the effective date of the Financial Services 
                Regulatory Relief Amendments Act of 2006, and who is 
                not a depositor as described in subparagraph (B), 
                receive any deposit for the account of such depositor 
                only if the depositor has signed a written 
                acknowledgment that--
                            ``(i) the institution is not federally 
                        insured; and
                            ``(ii) if the institution fails, the 
                        Federal Government does not guarantee that the 
                        depositor will get back the depositor's money.
                    ``(B) New depositors obtained through a conversion 
                or merger.--With respect to a depositor at a federally 
                insured depository institution that converts to, or 
                merges into, a depository institution lacking Federal 
                insurance after the effective date of the Financial 
                Services Regulatory Relief Amendments Act of 2006, 
                receive any deposit for the account of such depositor 
                only if--
                            ``(i) the depositor has signed a written 
                        acknowledgment described in subparagraph (A); 
                        or
                            ``(ii) the institution makes an attempt, as 
                        described in subparagraph (D) and sent by mail 
                        no later than 45 days after the effective date 
                        of the conversion or merger, to obtain the 
                        acknowledgment.
                    ``(C) Current depositors.--Receive any deposit 
                after the effective date of the Financial Services 
                Regulatory Relief Amendments Act of 2006 for the 
                account of any depositor who was a depositor on that 
                date only if--
                            ``(i) the depositor has signed a written 
                        acknowledgment described in subparagraph (A); 
                        or
                            ``(ii) the institution makes an attempt, as 
                        described in subparagraph (D) and sent by mail 
                        no later than 45 days after the effective date 
                        of the Financial Services Regulatory Relief 
                        Amendments Act of 2006, to obtain the 
                        acknowledgment.
                    ``(D) Alternative provision of notice to current 
                depositors and new depositors obtained through a 
                conversion or merger.--
                            ``(i) In general.--Transmit to each 
                        depositor who has not signed a written 
                        acknowledgment described in subparagraph (A)--
                                    ``(I) a conspicuous card containing 
                                the information described in clauses 
                                (i) and (ii) of subparagraph (A), and a 
                                line for the signature of the 
                                depositor; and
                                    ``(II) accompanying materials 
                                requesting the depositor to sign the 
                                card, and return the signed card to the 
                                institution.''.
    (e) Repeal of Provision Prohibiting Nondepository Institutions From 
Accepting Deposits.--Section 43 of the Federal Deposit Insurance Act 
(12 U.S.C. 1831t) is amended--
            (1) by striking subsection (e); and
            (2) by redesignating subsections (f) and (g) as subsections 
        (e) and (f), respectively.
    (f) Repeal of Provision Concerning Nondepository Institutions 
Masquerading as Depository Institutions and Clarification of Depository 
Institutions Covered by the Statute.--Subsection (e)(2) (as so 
redesignated by subsection (e) of this section) of section 43 of the 
Federal Deposit Insurance Act (12 U.S.C. 1831t) is amended to read as 
follows:
            ``(2) Depository institution.--The term `depository 
        institution'--
                    ``(A) includes any entity described in section 
                19(b)(1)(A)(iv) of the Federal Reserve Act; and
                    ``(B) does not include any national bank, State 
                member bank, or Federal branch.''.
    (g) Repeal of FTC Authority to Enforce Independent Audit 
Requirement; Concurrent State Enforcement.--Subsection (f) (as so 
redesignated by subsection (e) of this section) of section 43 of the 
Federal Deposit Insurance Act (12 U.S.C. 1831t) is amended to read as 
follows:
    ``(f) Enforcement.--
            ``(1) Limited ftc enforcement authority.--Compliance with 
        the requirements of subsections (b) and (c), and any regulation 
        prescribed or order issued under any such subsection, shall be 
        enforced under the Federal Trade Commission Act by the Federal 
        Trade Commission.
            ``(2) Broad state enforcement authority.--
                    ``(A) In general.--Subject to subparagraph (C), an 
                appropriate State supervisor of a depository 
                institution lacking Federal deposit insurance may 
                examine and enforce compliance with the requirements of 
                this section, and any regulation prescribed under this 
                section.
                    ``(B) State powers.--For purposes of bringing any 
                action to enforce compliance with this section, no 
                provision of this section shall be construed as 
                preventing an appropriate State supervisor of a 
                depository institution lacking Federal deposit 
                insurance from exercising any powers conferred on such 
                official by the laws of such State.
                    ``(C) Limitation on state action while federal 
                action pending.--If the Federal Trade Commission has 
                instituted an enforcement action for a violation of 
                this section, no appropriate State supervisor may, 
                during the pendency of such action, bring an action 
                under this section against any defendant named in the 
                complaint of the Commission for any violation of this 
                section that is alleged in that complaint.''.

SEC. 3. CLARIFICATION OF SCOPE OF APPLICABLE RATE PROVISION.

    Section 44(f) of the Federal Deposit Insurance Act (12 U.S.C. 
1831u(f)) is amended by adding at the end the following new paragraphs:
            ``(3) Other lenders.--In the case of any other lender doing 
        business in the State described in paragraph (1), the maximum 
        interest rate or amount of interest, discount points, finance 
        charges, or other similar charges that may be charged, taken, 
        received, or reserved from time to time in any loan, discount, 
        or credit sale made, or upon any note, bill of exchange, 
        financing transaction, or other evidence of debt issued to or 
        acquired by any other lender shall be equal to not more than 
        the greater of the rates described in subparagraph (A) or (B) 
        of paragraph (1).
            ``(4) Other lender defined.--For purposes of paragraph (3), 
        the term `other lender' means any person engaged in the 
        business of selling or financing the sale of personal property 
        (and any services incidental to the sale of personal property) 
        in such State, except that, with regard to any person or entity 
        described in such paragraph, such term does not include--
                    ``(A) an insured depository institution; or
                    ``(B) any person or entity engaged in the business 
                of providing a short-term cash advance to any consumer 
                in exchange for--
                            ``(i) a consumer's personal check or share 
                        draft, in the amount of the advance plus a fee, 
                        where presentment or negotiation of such check 
                        or share draft is deferred by agreement of the 
                        parties until a designated future date; or
                            ``(ii) a consumer authorization to debit 
                        the consumer's transaction account, in the 
                        amount of the advance plus a fee, where such 
                        account will be debited on or after a 
                        designated future date.''.

            Passed the House of Representatives September 27, 2006.

            Attest:

                                                                 Clerk.
109th CONGRESS

  2d Session

                               H. R. 6072

_______________________________________________________________________

                                 AN ACT

     To amend the Federal Deposit Insurance Act to provide further 
   regulatory relief for depository institutions and clarify certain 
   provisions of law applicable to such institutions, and for other 
                               purposes.