HR 3426 · 109th Congress 2005–2007, ended

Preservation of Federalism in Banking Act

Fact sheet

Latest action · Aug 24, 2005 Referred to the Subcommittee on Financial Institutions and Consumer Credit.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJul 26, 2005
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Preservation of Federalism in Banking Act - Amends the Revised Statutes of the United States and the Home Owners' Loan Act to declare applicable to either a national bank or federal savings association any consumer protection in state consumer law of general application (including unfair or deceptive acts or practices, consumer fraud law and repossession, foreclosure, and collection).

Declares that when a national bank or federal savings association avails itself of state law for its benefit, all related consumer protections in such state law shall apply.

Declares applicable to a national bank or federal savings association: (1) state banking or thrift laws enacted pursuant to federal law; and (2) state laws providing greater protection in high cost mortgage loans (predatory mortgage loans).

Permits the Comptroller of the Currency to preempt state law only when a comparable federal statute or regulation pursuant to a federal statute, other than this Act, expressly governs the activity.

States that any federal law relating to visitorial powers or which otherwise limits or restricts the supervisory, examination, or regulatory authority to which a national bank or federal savings association is subject shall not be construed as restricting the authority of any chief state law enforcement officer to bring an action on behalf of state residents to enforce federal or state law, or to seek relief and recover damages for violations by a national bank or federal savings association.

Prescribes procedural guidelines requiring the Comptroller and the Director of the Office of Thrift Supervision to record and monitor consumer complaints regarding either a national bank or a federal savings association, respectively.

Cosponsors 11

Members who signed on, in the order they did. Signatures ran from Jul 26, 2005 to Jul 29, 2005, with 3 there on the day it was introduced.

SeatCosponsorSigned on
D-CABarbara LeeOriginalJul 26, 2005
D-MABarney FrankOriginalJul 26, 2005
D-NYCarolyn McCarthyOriginalJul 26, 2005
I-VTBernard SandersJul 28, 2005
D-NYCarolyn B. MaloneyJul 28, 2005
D-NYCharles B. RangelJul 28, 2005
D-ILJanice D. SchakowskyJul 28, 2005
D-INJulia CarsonJul 28, 2005
R-TXRon PaulJul 28, 2005
D-CAMaxine WatersJul 29, 2005
D-MOWm. Lacy ClayJul 29, 2005

Actions 4

Everything that happened, newest first.

  1. Aug 24, 2005Referred to the Subcommittee on Financial Institutions and Consumer Credit.
  2. Jul 27, 2005Sponsor introductory remarks on measure. (CR E1625)
  3. Jul 26, 2005Introduced in House
  4. Jul 26, 2005Referred to the House Committee on Financial Services.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 1502Preservation of Federalism in Banking ActRelated billJul 26, 2005

Subjects

Assigned by the Library of Congress. Policy area: Finance and Financial Sector.

Text 1

Each version as it was printed, newest first.

  1. Jul 26, 2005Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.