[Congressional Record (Bound Edition), Volume 156 (2010), Part 5]
[Senate]
[Pages 6508-6511]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3731. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 3217, to promote the financial stability of the 
United States by improving accountability and transparency in the 
financial system, to end ``too big to fail'', to protect the American 
taxpayer by ending bailouts, to protect consumers from abusive 
financial services practices, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end of subtitle A of title I, add the following:

     SEC. 122. DISCLOSURE OF FINANCIAL INTERESTS IN THE DECLINE IN 
                   VALUE OF FINANCIAL PRODUCTS.

       (a) Recommendations by Council.--Not later than 180 days 
     after the date of enactment of this Act, the Council shall 
     make recommendations to the primary financial regulatory 
     agencies to require any seller of a financial product or 
     instrument to disclose to the purchaser or prospective 
     purchaser of that product, whether the seller has any direct 
     financial interest in the decline in value of the product.
       (b) Procedures and Implementation.--The procedural and 
     implementation provisions of subsections (b) and (c) of 
     section 120 shall apply to recommendations of the Council 
     under this section.
                                 ______
                                 
  SA 3732. Mr. CARDIN (for himself, Mr. Lugar, Mr. Durbin, Mr. Schumer, 
Mr. Feingold, Mr. Merkley, and Mr. Johnson) submitted an amendment 
intended to be proposed by him to the bill S. 3217, to promote the 
financial stability of the United States by improving accountability 
and transparency in the financial system, to end ``too big to fail'', 
to protect the American taxpayers by ending bailouts, to protect 
consumers from abusive financial services practices, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 1030, between lines 9 and 10, insert the following:

                Subtitle K--Resource Extraction Issuers

     SEC. 995. DISCLOSURE OF PAYMENTS BY RESOURCE EXTRACTION 
                   ISSUERS.

       Section 13 of the Securities Exchange Act of 1934 (15 
     U.S.C. 78m), as amended by this Act, is amended by adding at 
     the end the following:

[[Page 6509]]

       ``(o) Disclosure of Payments by Resource Extraction 
     Issuers.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `commercial development of oil, natural gas, 
     or minerals' includes the acquisition of a license, 
     exploration, extraction, processing, export, and other 
     significant actions relating to oil, natural gas, or 
     minerals, as determined by the Commission;
       ``(B) the term `foreign government' means a foreign 
     government, an officer or employee of a foreign government, 
     an agent of a foreign government, a company owned by a 
     foreign government, or a person who will provide a personal 
     benefit to an officer of a government if that person receives 
     a payment, as determined by the Commission;
       ``(C) the term `payment'--
       ``(i) means a payment that is--

       ``(I) made to further the commercial development of oil, 
     natural gas, or minerals; and
       ``(II) not de minimis; and

       ``(ii) includes taxes, royalties, fees, licenses, 
     production entitlements, bonuses, and other material 
     benefits, as determined by the Commission;
       ``(D) the term `resource extraction issuer' means an issuer 
     that--
       ``(i) is required to file an annual report with the 
     Commission; and
       ``(ii) engages in the commercial development of oil, 
     natural gas, or minerals;
       ``(E) the term `interactive data format' means an 
     electronic data format in which pieces of information are 
     identified using an interactive data standard; and
       ``(F) the term `interactive data standard' means 
     standardized list of electronic tags that mark information 
     included in the annual report of a resource extraction 
     issuer.
       ``(2) Disclosure.--
       ``(A) Information required.--Not later than 270 days after 
     the date of enactment of the Restoring American Financial 
     Stability Act of 2010, the Commission shall issue final rules 
     that require each resource extraction issuer to include in 
     the annual report of the resource extraction issuer 
     information relating to any payment made by the resource 
     extraction issuer, a subsidiary of the resource extraction 
     issuer, or an entity under the control of the resource 
     extraction issuer to a foreign government or the Federal 
     Government for the purpose of the commercial development of 
     oil, natural gas, or minerals, including--
       ``(i) the type and total amount of such payments made for 
     each project of the resource extraction issuer relating to 
     the commercial development of oil, natural gas, or minerals; 
     and
       ``(ii) the type and total amount of such payments made to 
     each government.
       ``(B) Interactive data format.--The rules issued under 
     subparagraph (A) shall require that the information included 
     in the annual report of a resource extraction issuer be 
     submitted in an interactive data format.
       ``(C) Interactive data standard.--
       ``(i) In general.--The rules issued under subparagraph (A) 
     shall establish an interactive data standard for the 
     information included in the annual report of a resource 
     extraction issuer.
       ``(ii) Electronic tags.--The interactive data standard 
     shall include electronic tags that identify, for each payment 
     made by a resource extraction issuer to a foreign government 
     or the Federal Government--

       ``(I) the amount of the payment;
       ``(II) the currency used to make the payment;
       ``(III) the financial period in which the payment was made;
       ``(IV) the business segment of the resource extraction 
     issuer that made the payment;
       ``(V) the government that received the payment, and the 
     country in which the government is located;
       ``(VI) the project of the resource extraction issuer to 
     which the payment relates; and
       ``(VII) such other information as the Commission may 
     determine is necessary or appropriate in the public interest 
     or for the protection of investors.

       ``(D) International transparency efforts.--To the extent 
     practicable, the rules issued under subparagraph (A) shall 
     support the commitment of the Federal Government to 
     international transparency promotion efforts relating to the 
     commercial development of oil, natural gas, or minerals.
       ``(E) Effective date.--With respect to each resource 
     extraction issuer, the final rules issued under subparagraph 
     (A) shall take effect on the date on which the resource 
     extraction issuer is required to submit an annual report 
     relating to the fiscal year of the resource extraction issuer 
     that ends not earlier than 1 year after the date on which the 
     Commission issues final rules under subparagraph (A).
       ``(3) Public availability of information.--
       ``(A) In general.--To the extent practicable, the 
     Commission shall make available online, to the public, a 
     compilation of the information required to be submitted under 
     the rules issued under paragraph (2)(A).
       ``(B) Other information.--Nothing in this paragraph shall 
     require the Commission to make available online information 
     other than the information required to be submitted under the 
     rules issued under paragraph (2)(A).
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to the Commission such sums as 
     may be necessary to carry out this subsection.''.

     SEC. 996. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the President should work with foreign governments, 
     including members of the Group of 8 and the Group of 20, to 
     establish domestic requirements that companies under the 
     jurisdiction of each government publicly disclose any 
     payments made to a government relating to the commercial 
     development of oil, natural gas, and minerals; and
       (2) the President should commit the United States to become 
     a Candidate Country of the Extractive Industries Transparency 
     Initiative.
                                 ______
                                 
  SA 3733. Mr. BROWN of Ohio (for himself, Mr. Kaufman, Mr. Casey, Mr. 
Whitehouse, Mr. Merkley, Mr. Harkin, Mr. Sanders, and Mr. Burris) 
submitted an amendment intended to be proposed by him to the bill S. 
3217, to promote the financial stability of the United States by 
improving accountability and transparency in the financial system, to 
end ``too big to fail'', to protect the American taxpayer by ending 
bailouts, to protect consumers from abusive financial services 
practices, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 92, strike lines 8 through 12 and insert the 
     following:
       (ii) liquidity requirements;
       (iii) resolution plan and credit exposure report 
     requirements; and
       (iv) concentration limits.
       On page 105, between lines 1 and 2, insert the following:
       (i) Leverage Ratio for Bank Holding Companies and Financial 
     Companies.--
       (1) Amendment.--The Bank Holding Company Act of 1956 (12 
     U.S.C. 1841 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 13. LIMITS ON LEVERAGE.

       ``(a) Definitions.--In this section, the following 
     definitions shall apply:
       ``(1) Financial company.--The term `financial company' 
     means any nonbank financial company, as that term is defined 
     in section 102 of the Restoring American Financial Stability 
     Act of 2010, that is supervised by the Board.
       ``(2) Incorporated terms.--The terms `average total 
     consolidated assets' and `tier 1 capital' have the meanings 
     given those terms in part 225 of title 12, Code of Federal 
     Regulations, or any successor thereto.
       ``(b) Leverage Ratio Requirements for Bank Holding 
     Companies and Financial Companies.--
       ``(1) Leverage ratio.--A bank holding company or financial 
     company may not maintain tier 1 capital in an amount that is 
     less than 6 percent of the average total consolidated assets 
     of the bank holding company or financial holding company.
       ``(2) Balance sheet leverage ratio.--A bank holding company 
     or financial company may not maintain less than 6 percent of 
     tier 1 capital for all outstanding balance sheet liabilities, 
     as required to be recorded under section 13(p) of the 
     Securities Exchange Act of 1934.
       ``(c) Exemptions.--
       ``(1) In general.--The Board may adjust the leverage ratio 
     requirements under subsection (b) for any class of 
     institutions, based upon the size or activity of such class 
     of institutions. No adjustment made under this paragraph may 
     allow an institution to carry less capital than is required 
     under subsection (b).
       ``(2) International agreements.--Consistent with this 
     subsection, the Board may adjust the leverage ratio 
     requirements under subsection (b), as necessary to harmonize 
     such ratios with official international agreements regarding 
     capital standards, if the Board determines that the capital 
     standards under such international agreements are 
     commensurate with the credit, market, operational, or other 
     risks posed by the bank holding companies or financial 
     companies to which such international agreements apply.
       ``(3) Temporary emergency exemption.--
       ``(A) In general.--The appropriate Federal banking agency 
     may, in a manner consistent with this subsection, grant any 
     bank holding company a temporary emergency exemption from the 
     leverage ratio requirements under subsection (b), if the 
     appropriate Federal banking agency determines such an 
     exemption is necessary to prevent an imminent threat to the 
     financial stability of the United States.
       ``(B) Publication.--
       ``(i) Publication required.--The appropriate Federal 
     banking agency shall publish a notice of any exemption 
     granted under this paragraph in the Federal Register within a 
     reasonable period after granting the exemption, and in no 
     case later than 90 days after the date on which the exemption 
     is granted.
       ``(ii) Contents.--The notice under clause (i) shall 
     include--

       ``(I) the name of the bank holding company or financial 
     company that is granted an exemption;
       ``(II) the reason for the exemption; and

[[Page 6510]]

       ``(III) a plan detailing the manner by which the bank 
     holding company will be brought into compliance with 
     subsection (b).

       ``(d) Leverage Ratio Requirements for Operating 
     Subsidiaries of Bank Holding Companies and Financial 
     Companies.--Notwithstanding any other provision of law 
     applicable to insured depository institutions, not later than 
     1 year after the date of enactment of the Restoring American 
     Financial Stability Act of 2010, the Board shall promulgate 
     regulations establishing leverage ratio requirements under 
     subsection (b) for the operating subsidiaries of bank holding 
     companies and financial companies.
       ``(e) Prompt Corrective Action.--
       ``(1) Authorities.--The Board shall require a bank holding 
     company or financial company that violates subsection (b) to 
     comply with the leverage ratio requirements under subsection 
     (b) by--
       ``(A) selling or otherwise transferring assets or off-
     balance sheet items to unaffiliated firms;
       ``(B) terminating 1 or more activities of the bank holding 
     company or financial company; or
       ``(C) imposing conditions on the manner in which the bank 
     holding company or financial company conducts an activity of 
     the bank holding company or financial company.
       ``(2) Corrective action plan.--Not later than 60 days after 
     the Board determines that a bank holding company or financial 
     holding company has violated subsection (b), the Board shall 
     submit to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Committee on Financial Services 
     of the House of Representatives a plan detailing the manner 
     by which the bank holding company or financial company will 
     be brought into compliance with subsection (b).
       ``(3) Reports to congress.--
       ``(A) Written reports.--At the end of each 60-day period 
     following the date on which the Board submits a plan under 
     paragraph (2) during which a bank holding company or 
     financial company remains in violation of subsection (b), the 
     Board shall submit to the Committee on Banking, Housing, and 
     Urban Affairs of the Senate and the Committee on Financial 
     Services of the House of Representatives a report on the 
     compliance of the bank holding company or financial holding 
     company with the plan.
       ``(B) Testimony.--At the end of each 120-day period 
     following the date on which the Board submits a plan under 
     paragraph (2) during which a bank holding company or 
     financial company remains in violation of subsection (b), the 
     Board shall testify before the Committee on Banking, Housing, 
     and Urban Affairs of the Senate and the Committee on 
     Financial Services of the House of Representatives with 
     respect to the compliance of the bank holding company or 
     financial holding company with the plan.''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect 1 year after the date of enactment of this 
     Act.
       On page 497, strike line 9 and all that follows through 
     page 501, line 15, and insert the following:

     SEC. 620. CONCENTRATION LIMITS FOR BANK HOLDING COMPANIES AND 
                   FINANCIAL COMPANIES.

       (a) Deposit Concentration Limit.--
       (1) Amendment.--Section 3 of the Bank Holding Company Act 
     of 1956 (12 U.S.C. 1842) is amended by striking subsection 
     (f) and inserting the following:
       ``(f) Nationwide Concentration Limits.--
       ``(1) Concentration limit established.--No single bank 
     holding company may control more than 10 percent of the total 
     amount of deposits of all insured depository institutions in 
     the United States.
       ``(2) Sale or transfer required.--The Board shall require 
     any bank holding company that the Board determines is in 
     violation of paragraph (1) to sell or otherwise transfer 
     assets to an unaffiliated company, to the extent that the 
     Board determines is necessary to bring the company into 
     compliance with paragraph (1).''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect 1 year after the date of enactment of this 
     Act.
       (b) Size Requirements for Bank Holding Companies and 
     Financial Companies.--
       (1) Amendment.--The Bank Holding Company Act of 1956 (12 
     U.S.C. 1841 et seq.), as amended by this Act, is amended by 
     adding at the end the following:

     ``SEC. 14. LIMITS ON NON-DEPOSIT LIABILITIES FOR BANK HOLDING 
                   COMPANIES AND FINANCIAL COMPANIES.

       ``(a) Definitions.--In this section, the following 
     definitions shall apply:
       ``(1) FDIC-assessed deposits.--The term `FDIC-assessed 
     deposits' means the assessment base of a bank holding 
     company, as calculated under part 327 of title 12 Code of 
     Federal Regulations, or any successor thereto.
       ``(2) Financial company.--The term `financial company' 
     means any nonbank financial company supervised by the Board.
       ``(3) Nonbank financial company.--The term `nonbank 
     financial company' has the same meaning as in section 102 of 
     the Restoring American Financial Stability Act of 2010.
       ``(4) Non-deposit liabilities.--The term `non-deposit 
     liabilities' means--
       ``(A) with respect to a bank holding company--
       ``(i) the total assets of the banking holding company; 
     minus
       ``(ii) the sum of--

       ``(I) the tier 1 capital of the bank holding company, 
     taking into account any off-balance-sheet liabilities; and
       ``(II) the FDIC-assessed deposits of the bank holding 
     company; and

       ``(B) with respect to a financial company--
       ``(i) the total assets of the financial company; minus
       ``(ii) the tier 1 capital of the financial company, taking 
     into account any off-balance-sheet liabilities.
       ``(5) Tier 1 capital.--The term `tier 1 capital' has the 
     meaning given that term in part 225 of title 12, Code of 
     Federal Regulations, or any successor thereto.
       ``(b) Limit on Non-Deposit Liabilities for Bank Holding 
     Companies.--
       ``(1) Limits for bank holding companies.--No bank holding 
     company may control non-deposit liabilities that exceed 2 
     percent of the annual gross domestic product of the United 
     States.
       ``(2) Limits for financial companies.--No financial company 
     may control non-deposit liabilities that exceed 3 percent of 
     the annual gross domestic product of the United States.
       ``(3) Determination of gross domestic product.--For 
     purposes of this subsection, the annual gross domestic 
     product of the United States shall be determined using the 
     average of the annual gross domestic product of the United 
     States, as calculated by the Bureau of Economic Analysis of 
     the Department of Commerce, during the 16 calendar quarters 
     most recently completed at the time of the determination 
     under paragraph (1) or (2).
       ``(4) Treatment of insurance companies.--
       ``(A) In general.--Notwithstanding the limits under 
     paragraphs (1) and (2), the Board may establish a separate 
     liability limit for a bank holding company or financial 
     company that the Board determines is primarily engaged in the 
     business of insurance, if the Board determines that such a 
     limit is necessary in order to provide for consistent and 
     equitable treatment of the bank holding company or financial 
     company.
       ``(B) Consultation.--In establishing a liability limit 
     under subparagraph (A), the Board shall consult with the 
     State insurance regulator for any bank holding company or 
     financial company described in subparagraph (A) having a 
     subsidiary that is regulated by a State insurance regulator.
       ``(5) Treatment of foreign deposits.--The Board may exclude 
     from the calculation of non-deposit liabilities under this 
     subsection any foreign or other deposits that are not FDIC-
     assessed deposits, if the Board determines that such action 
     is necessary to ensure the consistent and equitable treatment 
     of institutions with international operations.
       ``(c) Prompt Corrective Action.--
       ``(1) Authorities.--The Board shall require a bank holding 
     company or financial company that violates subsection (a) to 
     comply with the limit under subsection (a) by--
       ``(A) selling or otherwise transferring assets or off-
     balance-sheet items to unaffiliated firms;
       ``(B) terminating 1 or more activities of the bank holding 
     company or financial company; or
       ``(C) imposing conditions on the manner in which the bank 
     holding company or financial company conducts an activity of 
     the bank holding company or financial company.
       ``(2) Corrective action plan.--Not later than 60 days after 
     the Board determines that a bank holding company or financial 
     holding company has violated subsection (a), the Board shall 
     submit to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Committee on Financial Services 
     of the House of Representatives a plan detailing the manner 
     by which the bank holding company or financial company will 
     be brought into compliance with subsection (a).
       ``(3) Reports to congress.--
       ``(A) Written reports.--At the end of each 60-day period 
     following the date on which the Board submits a plan under 
     paragraph (1) during which a bank holding company or 
     financial company remains in violation of subsection (a), the 
     Board shall submit to the Committee on Banking, Housing, and 
     Urban Affairs of the Senate and the Committee on Financial 
     Services of the House of Representatives a report on the 
     compliance of the bank holding company or financial holding 
     company with the plan.
       ``(B) Testimony.--At the end of each 120-day period 
     following the date on which the Board submits a plan under 
     paragraph (1) during which a bank holding company or 
     financial company remains in violation of subsection (a), the 
     Board shall testify before the Committee on Banking, Housing, 
     and Urban Affairs of the Senate and the Committee on 
     Financial Services of the House of Representatives with 
     respect to the compliance of the bank holding company or 
     financial holding company with the plan.

     ``SEC. 15. CAPITAL ASSESSMENT PROGRAM.

       ``(a) Annual Capital Assessment Required.--Not later than 1 
     year after the date of enactment of the Restoring American 
     Financial Stability Act of 2010, and annually thereafter, the 
     Board shall conduct a capital

[[Page 6511]]

     assessment of each bank holding company and financial 
     company, to estimate the losses, revenues, and reserve needs 
     for the bank holding company or financial company.
       ``(b) Report.--The Board shall submit an annual report on 
     the results of the capital assessments under subsection (a) 
     to the Secretary of the Treasury, the Committee on Banking, 
     Housing, and Urban Affairs of the Senate, and the Committee 
     on Financial Services of the House of Representatives.''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect 3 years after the date of enactment of this 
     Act.
       On page 969, between lines 4 and 5, insert the following:

     SEC. 919C. FINANCIAL REPORTING.

       Section 13 of the Securities Exchange Act of 1934 (15 
     U.S.C. 78m), as amended by this Act, is amended by adding at 
     the end the following:
       ``(p) Standard Balance Sheet Calculation for Reports.--
       ``(1) Standard established.--Not later than 1 year after 
     the date of enactment of the Restoring American Financial 
     Stability Act of 2010, the Commission, or a standard setter 
     designated by and under the oversight of the Commission, 
     shall establish a standard requiring each that each issuer 
     that is required to submit reports to the Commission under 
     this section record all assets and liabilities of the issuer 
     on the balance sheet of the issuer.
       ``(2) Contents.--The standard established under paragraph 
     (1) shall require that--
       ``(A) the recorded amount of assets and liabilities reflect 
     a reasonable assessment by the issuer of the most likely 
     outcomes with respect to the amount of assets and 
     liabilities, given information available at the time of the 
     report;
       ``(B) each issuer record any financing of assets for which 
     the issuer has more than minimal economic risks or rewards; 
     and
       ``(C) if an issuer cannot determine the amount of a 
     particular liability, the issuer may exclude that liability 
     from the balance sheet of the issuer only if the issuer 
     discloses an explanation of--
       ``(i) the nature of the liability and purpose for incurring 
     the liability;
       ``(ii) the most likely loss and the maximum loss the issuer 
     may incur from the liability;
       ``(iii) whether any other person has recourse against the 
     issuer with respect to the liability and, if so, the 
     conditions under which such recourse may occur; and
       ``(iv) whether the issuer has any continuing involvement 
     with an asset financed by the liability or any beneficial 
     interest in the liability.
       ``(3) Compliance.--The Commission shall issue rules to 
     ensure compliance with this subsection that allow for 
     enforcement by the Commission and civil liability under this 
     title and the Securities Act of 1933.''.
                                 ______
                                 
  SA 3734. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 3217, to promote the financial stability of the 
United States by improving accountability and transparency in the 
financial system, to end ``too big to fail'', to protect the American 
taxpayer by ending bailouts, to protect consumers from abusive 
financial services practices, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 837, between lines 2 and 3, insert the following:
       (b) Protection for Employees of Nationally Recognized 
     Statistical Rating Organizations.--Section 1514A(a) of title 
     18, United States Code, is amended--
       (1) by inserting ``or nationally recognized statistical 
     rating organization (as defined in section 3(a) of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78c),'' after 
     ``78o(d)),''; and
       (2) by inserting ``or organization'' after ``such 
     company''.
                                 ______
                                 
  SA 3735. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 3217, to promote the financial stability of the 
United States by improving accountability and transparency in the 
financial system, to end ``too big to fail'', to protect the American 
taxpayer by ending bailouts, to protect consumers from abusive 
financial services practices, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 1014, between lines 5 and 6, insert the following:

     SEC. 989C. CIVIL INVESTIGATIVE DEMANDS.

       (a) Equal Credit Opportunity Act.--Section 706(h) of the 
     Equal Credit Opportunity Act (15 U.S.C. 1691e(h)) is 
     amended--
       (1) by inserting ``(1)'' after ``(h)''; and
       (2) by adding at the end the following:
       ``(2) If the Attorney General has reason to believe that 
     any person may be in possession, custody, or control of any 
     documentary material or information relevant to an 
     investigation under this title, the Attorney General may, 
     before commencing a civil proceeding under this subsection, 
     issue in writing and cause to be served upon the person, a 
     civil investigative demand. The authority to issue and 
     enforce civil investigative demands under this paragraph 
     shall be identical to the authority of the Attorney General 
     under section 3733 of title 31, United States Code, except 
     that the provisions of that section relating to qui tam 
     realtors shall not apply.''.
       (b) Fair Housing Act.--Section 814(c) of the Fair Housing 
     Act (42 U.S.C. 3614(c)) is amended--
       (1) by striking ``The Attorney General'' and inserting the 
     following:
       ``(1) In general.--The Attorney General''; and
       (2) by adding at the end the following:
       ``(2) Civil investigative demands.--If the Attorney General 
     has reason to believe that any person may be in possession, 
     custody, or control of any documentary material or 
     information relevant to an investigation under this title, 
     the Attorney General may, before commencing a civil 
     proceeding under this section, issue in writing and cause to 
     be served upon the person, a civil investigative demand. The 
     authority to issue and enforce civil investigative demands 
     under this paragraph shall be identical to the authority of 
     the Attorney General under section 3733 of title 31, United 
     States Code, except that the provisions of that section 
     relating to qui tam realtors shall not apply.''.

                          ____________________