[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3374 Referred in Senate (RFS)]
113th CONGRESS
2d Session
H. R. 3374
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 16, 2014
Received; read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
AN ACT
To provide for the use of savings promotion raffle products by
financial institutions to encourage savings, 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 ``American Savings Promotion Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the annual savings rate in the United States was 4.1
percent in 2012;
(2) more than 40 percent of American households lack the
savings to cover basic expenses for 3 months, if an unexpected
event leads to a loss of stable income;
(3) personal savings provide Americans with the financial
resources to meet future needs, including higher education and
homeownership, while also providing a safety net to weather
unexpected financial shocks;
(4) prize-linked savings products are typical savings
products offered by financial institutions, like savings
accounts, certificates of deposit, and savings bonds, with the
added feature of offering chances to win prizes based on
deposit activity;
(5) the State of Michigan was the first State to allow
credit unions to offer prize-linked savings products, and in
2009 launched the first large-scale prize-linked savings
product in the United States;
(6) the States of Connecticut, Michigan, Maine, Maryland,
Nebraska, North Carolina, Rhode Island, and Washington all have
laws that allow financial institutions to offer prize-linked
savings products;
(7) in the States of Michigan and Nebraska, more than
42,000 individuals have opened prize-linked savings accounts
and saved more than $72,000,000;
(8) prize-linked savings products have been shown to
successfully attract non-savers, the asset poor, and low-to-
moderate income groups, providing individuals with a new tool
to build personal savings; and
(9) encouraging personal savings is in the national
interest of the United States.
SEC. 3. AMENDMENT TO DEFINITIONS OF ``LOTTERY''.
(a) National Banks.--Section 5136B(c) of the Revised Statutes of
the United States (12 U.S.C. 25a(c)) is amended--
(1) in paragraph (2), by inserting ``, other than a savings
promotion raffle,'' before ``whereby''; and
(2) by adding at the end the following:
``(4) The term `savings promotion raffle' means a contest
in which the sole consideration required for a chance of
winning designated prizes is obtained by the deposit of a
specified amount of money in a savings account or other savings
program, where each ticket or entry has an equal chance of
being drawn, such contest being subject to regulations that may
from time to time be promulgated by the appropriate prudential
regulator (as defined in section 1002 of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5481)).''.
(b) Federal Reserve Banks.--Section 9A(c) of the Federal Reserve
Act (12 U.S.C. 339(c)) is amended--
(1) in paragraph (2), by inserting ``, other than a savings
promotion raffle,'' before ``whereby''; and
(2) by adding at the end the following:
``(4) The term `savings promotion raffle' means a contest
in which the sole consideration required for a chance of
winning designated prizes is obtained by the deposit of a
specified amount of money in a savings account or other savings
program, where each ticket or entry has an equal chance of
being drawn, such contest being subject to regulations that may
from time to time be promulgated by the appropriate prudential
regulator (as defined in section 1002 of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5481)).''.
(c) Insured Depository Institutions.--Section 20(c) of the Federal
Deposit Insurance Act (12 U.S.C. 1829a(c)) is amended--
(1) in paragraph (2), by inserting ``, other than a savings
promotion raffle,'' before ``whereby''; and
(2) by adding at the end the following:
``(4) The term `savings promotion raffle' means a contest
in which the sole consideration required for a chance of
winning designated prizes is obtained by the deposit of a
specified amount of money in a savings account or other savings
program, where each ticket or entry has an equal chance of
being drawn, such contest being subject to regulations that may
from time to time be promulgated by the appropriate prudential
regulator (as defined in section 1002 of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5481)).''.
(d) Federal Savings and Loan Associations.--Section 4(e)(3) of the
Home Owners' Loan Act (12 U.S.C. 1463(e)(3)) is amended--
(1) in subparagraph (B), by inserting ``, other than a
savings promotion raffle,'' after ``arrangement''; and
(2) by adding at the end the following:
``(D) Savings promotion raffle.--The term `savings
promotion raffle' means a contest in which the sole
consideration required for a chance of winning
designated prizes is obtained by the deposit of a
specified amount of money in a savings account or other
savings program, where each ticket or entry has an
equal chance of being drawn, such contest being subject
to regulations that may from time to time be
promulgated by the appropriate prudential regulator (as
defined in section 1002 of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5481)).''.
SEC. 4. CRIMINAL PROVISIONS.
(a) In General.--Chapter 61 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1308. Limitation of applicability
``(a) Limitation of Applicability.--Sections 1301, 1302, 1303,
1304, and 1306 shall not apply--
``(1) to a savings promotion raffle conducted by an insured
depository institution or an insured credit union; or
``(2) to any activity conducted in connection with any such
savings promotion raffle, including, without limitation, to
the--
``(A) transmission of any advertisement, list of
prizes, or other information concerning the savings
promotion raffle;
``(B) offering, facilitation, and acceptance of
deposits, withdrawals, or other transactions in
connection with the savings promotion raffle;
``(C) transmission of any information relating to
the savings promotion raffle, including account balance
and transaction information; and
``(D) deposit or transmission of prizes awarded in
the savings promotion raffle as well as notification or
publication thereof.
``(b) Definitions.--In this section--
``(1) the term `insured credit union' shall have the
meaning given the term in section 101 of the Federal Credit
Union Act (12 U.S.C. 1752);
``(2) the term `insured depository institution' shall have
the meaning given the term in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813); and
``(3) the term `savings promotion raffle' means a contest
in which the sole consideration required for a chance of
winning designated prizes is obtained by the deposit of a
specified amount of money in a savings account or other savings
program, where each ticket or entry has an equal chance of
being drawn, such contest being subject to regulations that may
from time to time be promulgated by the appropriate prudential
regulator (as defined in section 1002 of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5481)).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 61 of title 18, United States Code, is amended by adding after
the item relating to section 1307 the following:
``1308. Limitation of applicability.''.
SEC. 5. RACKETEERING.
Chapter 95 of title 18, United States Code, is amended--
(1) in section 1952, by adding at the end the following:
``(e)(1) This section shall not apply to a savings promotion raffle
conducted by an insured depository institution or an insured credit
union.
``(2) In this subsection--
``(A) the term `insured credit union' shall have the
meaning given the term in section 101 of the Federal Credit
Union Act (12 U.S.C. 1752);
``(B) the term `insured depository institution' shall have
the meaning given the term in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813); and
``(C) the term `savings promotion raffle' means a contest
in which the sole consideration required for a chance of
winning designated prizes is obtained by the deposit of a
specified amount of money in a savings account or other savings
program, where each ticket or entry has an equal chance of
being drawn, such contest being subject to regulations that may
from time to time be promulgated by the appropriate prudential
regulator (as defined in section 1002 of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5481)).'';
(2) in section 1953--
(A) in subsection (b), by striking ``or (5)'' and
inserting ``(5) equipment, tickets, or materials used
or designed for use in a savings promotion raffle
operated by an insured depository institution or an
insured credit union, or (6)''; and
(B) by striking subsections (d) and (e) and
inserting the following:
``(d) For purposes of this section--
``(1) the term `foreign country' means any empire, country,
dominion, colony, or protectorate, or any subdivision thereof
(other than the United States, its territories or possessions);
``(2) the term `insured credit union' shall have the
meaning given the term in section 101 of the Federal Credit
Union Act (12 U.S.C. 1752);
``(3) the term `insured depository institution' shall have
the meaning given the term in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813);
``(4) the term `lottery'--
``(A) means the pooling of proceeds derived from
the sale of tickets or chances and allotting those
proceeds or parts thereof by chance to one or more
chance takers or ticket purchasers; and
``(B) does not include the placing or accepting of
bets or wagers on sporting events or contests;
``(5) the term `savings promotion raffle' means a contest
in which the sole consideration required for a chance of
winning designated prizes is obtained by the deposit of a
specified amount of money in a savings account or other savings
program, where each ticket or entry has an equal chance of
being drawn, such contest being subject to regulations that may
from time to time be promulgated by the appropriate prudential
regulator (as defined in section 1002 of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5481)); and
``(6) the term `State' means a State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, or
any territory or possession of the United States.''; and
(3) in section 1955--
(A) in subsection (b)--
(i) by redesignating paragraph (2) as
paragraph (4);
(ii) by redesignating paragraph (3) as
paragraph (6);
(iii) by inserting after paragraph (1) the
following:
``(2) `insured credit union' shall have the meaning given
the term in section 101 of the Federal Credit Union Act (12
U.S.C. 1752).
``(3) `insured depository institution' shall have the
meaning given the term in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813).''; and
(iv) by inserting after paragraph (4), as
redesignated, the following:
``(5) `savings promotion raffle' means a contest in which
the sole consideration required for a chance of winning
designated prizes is obtained by the deposit of a specified
amount of money in a savings account or other savings program,
where each ticket or entry has an equal chance of being drawn,
such contest being subject to regulations that may from time to
time be promulgated by the appropriate prudential regulator (as
defined in section 1002 of the Consumer Financial Protection
Act of 2010 (12 U.S.C. 5481)).''; and
(B) in subsection (e)--
(i) by striking ``shall not apply to any
bingo'' and inserting the following: ``shall
not apply to--
``(1) any bingo'';
(ii) by striking the period and inserting
``; or''; and
(iii) by adding at the end the following:
``(2) any savings promotion raffle.''.
Passed the House of Representatives September 15, 2014.
Attest:
KAREN L. HAAS,
Clerk.