I 
110TH CONGRESS 
1ST SESSION H. R. 1996 
To clarify the applicability of State law to national banks and Federal savings 
associations, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 23, 2007 
Mr. GUTIERREZ (for himself, Mr. PAUL, Ms. CARSON, Mr. CLAY, and Ms. 
LEE) introduced the following bill; which was referred to the Committee 
on Financial Services 
A BILL 
To clarify the applicability of State law to national banks 
and Federal savings associations, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preservation of Fed-
eralism in Banking Act’’. 
TITLE I—NATIONAL BANKS 
SEC. 101. STATE LAW PREEMPTION STANDARDS FOR NA-
TIONAL BANKS CLARIFIED. 
(a) IN GENERAL.—Chapter One of title LXII of the 
Revised Statutes of the United States (12 U.S.C. 21 et 
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seq.) is amended by inserting after section 5136B the fol-
lowing new section: 
‘‘SEC. 5136C. STATE LAW PREEMPTION STANDARDS FOR NA-
TIONAL BANKS AND SUBSIDIARIES CLARI-
FIED. 
‘‘(a) STATE CONSUMER LAWS OF GENERAL APPLI-
CATION.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of Federal law, any consumer protection in 
State consumer law of general application (including 
any law relating to unfair or deceptive acts or prac-
tices, any consumer fraud law and repossession, 
foreclosure, and collection) shall apply to any na-
tional bank. 
‘‘(2) NATIONAL BANK DEFINED.—For purposes 
of this section, the term ‘national bank’ includes any 
Federal branch established in accordance with the 
International Banking Act of 1978. 
‘‘(b) STATE LAWS RELATED TO LAWS USED BY NA-
TIONAL BANKS FOR THEIR BENEFIT.—When a national 
bank avails itself of a State law for its benefit, all related 
consumer protections in State law shall apply. 
‘‘(c) STATE BANKING LAWS ENACTED PURSUANT TO 
FEDERAL LAW.— 
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‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of Federal law and except as provided in 
paragraph (2), any State law that— 
‘‘(A) is applicable to State banks; and 
‘‘(B) was enacted pursuant to or in accord-
ance with, and is not inconsistent with, an Act 
of Congress, including the Gramm-Leach-Bliley 
Act, the Consumer Credit Protection Act, and 
the Real Estate Settlement Procedures Act, 
that explicitly or by implication, permits States 
to exceed or supplement the requirements of 
any comparable Federal law, 
shall apply to any national bank. 
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 
apply with respect to any State law if— 
‘‘(A) the State law discriminates against 
national banks; or 
‘‘(B) State law is inconsistent with provi-
sions of Federal law other than this title LXII, 
but only to the extent of the inconsistency (as 
determined in accordance with the provision of 
the other Federal Law). 
‘‘(d) STATE LAWS PROTECTING AGAINST PREDA-
TORY MORTGAGE LOANS.—To the extent not otherwise 
addressed in this section, State laws providing greater pro-
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tection in high cost mortgage loans, however denominated, 
both in coverage and content, than is provided under the 
Truth in Lending Act (including the provisions amended 
by the Home Ownership and Equity Protection Act of 
1994) shall apply to any national bank. 
‘‘(e) COMPARABLE
FEDERAL
REGULATION
RE-
QUIRED.—In relation to the regulation of consumer credit 
and deposit transactions, the Comptroller may preempt 
State law pursuant to this title only when there is a com-
parable Federal statute, or regulations pursuant to a Fed-
eral statute other than this title, expressly governing the 
activity, except in relation to interest pursuant to section 
5197. 
‘‘(f) NO NEGATIVE IMPLICATIONS
FOR APPLICA-
BILITY OF OTHER STATE LAWS.—No provision of this 
section shall be construed as altering or affecting the ap-
plicability, to national banks, of any State law which is 
not described in this section. 
‘‘(g) EFFECT OF TRANSFER OF TRANSACTION.—A 
transaction that is not entitled to preemption at the time 
of the origination of the transaction does not become enti-
tled to preemption under this title by virtue of its subse-
quent acquisition by a national bank. 
‘‘(h) DENIAL OF PREEMPTION NOT A DEPRIVATION 
OF A CIVIL RIGHT.—The preemption of any provision of 
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the law of any State with respect to any national bank 
shall not be treated as a right, privilege, or immunity for 
purposes of section 1979 of the Revised Statutes of the 
United States (42 U.S.C. 1983). 
‘‘(i) DEFINITION.—For purposes of this section, the 
terms ‘includes’ and ‘including’ have the same meaning 
as in section 3(t) of the Federal Deposit Insurance Act.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter One of title LXII of the Revised Statutes of 
the United States is amended by inserting after the item 
relating to section 5136B the following new item: 
‘‘5136C. State law preemption standards for national banks and subsidiaries 
clarified.’’. 
SEC. 102. VISITORIAL STANDARDS. 
Section 5136C of the Revised Statutes of the United 
States (as added by section 101(a) of this Act) is amended 
by adding at the end the following new subsections: 
‘‘(j) VISITORIAL POWERS.—No provision of this title 
which relates to visitorial powers or otherwise limits or re-
stricts the supervisory, examination, or regulatory author-
ity to which any national bank is subject shall be con-
strued as limiting or restricting the authority of any attor-
ney general (or other chief law enforcement officer) of any 
State to bring any action in any court of appropriate juris-
diction— 
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‘‘(1) to enforce any applicable Federal or State 
law, as authorized by such law; or 
‘‘(2) on behalf of residents of such State, to en-
force any applicable provision of any Federal or 
State law against a national bank, as authorized by 
such law, or to seek relief and recover damages for 
such residents from any violation of any such law by 
any national bank. 
‘‘(k) ENFORCEMENT ACTIONS.—The ability of the 
Comptroller to bring an enforcement action under this 
title or section 5 of the Federal Trade Commission Act 
does not preclude private parties from enforcing rights 
granted under Federal or State law in the courts.’’. 
SEC. 103. CLARIFICATION OF LAW APPLICABLE TO STATE- 
CHARTERED NONDEPOSITORY INSTITUTION 
SUBSIDIARIES. 
Section 5136C of the Revised Statutes of the United 
States (as added by section 101(a) of this Act) is amended 
by inserting after subsection (k) (as added by section 102) 
the following new subsection: 
‘‘(l) CLARIFICATION OF LAW APPLICABLE TO NON-
DEPOSITORY INSTITUTION SUBSIDIARIES
AND AFFILI-
ATES OF NATIONAL BANKS; DEFINITIONS.— 
‘‘(1) IN GENERAL.—No provision of this title 
shall be construed as preempting the applicability of 
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State law to any State-chartered nondepository insti-
tution, subsidiary, other affiliate, or agent of a na-
tional bank. 
‘‘(2) DEFINITIONS.—For purposes of this sec-
tion, the following definitions shall apply: 
‘‘(A) 
DEPOSITORY
INSTITUTION, 
SUB-
SIDIARY, AFFILIATE.—The terms ‘depository in-
stitution’, ‘subsidiary’, and ‘affiliate’ have the 
same meanings as in section 3 of the Federal 
Deposit Insurance Act. 
‘‘(B) NONDEPOSITORY INSTITUTION.—The 
term ‘nondepository institution’ means any enti-
ty that is not a depository institution.’’. 
SEC. 104. DATA COLLECTION AND REPORTING. 
(a) COLLECTING AND MONITORING CONSUMER COM-
PLAINTS.— 
(1) IN GENERAL.—The Comptroller of the Cur-
rency shall record and monitor each complaint re-
ceived directly or indirectly from a consumer regard-
ing a national bank or any subsidiary of a national 
bank and record the resolution of the complaint. 
(2) FACTORS TO BE INCLUDED.—In carrying 
out the requirements of paragraph (1), the Comp-
troller of the Currency shall include— 
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(A) the date the consumer complaint was 
received; 
(B) the nature of the complaint; 
(C) when and how the complaint was re-
solved, including a brief description of the ex-
tent, and the results, of the investigation made 
by the Comptroller into the complaint, a brief 
description of any notices given and inquiries 
made to any other Federal or State officer or 
agency in the course of the investigation or res-
olution of the complaint, a summary of the en-
forcement action taken upon completion of the 
investigation, and a summary of the results of 
subsequent periodic reviews by the Comptroller 
of the extent and nature of compliance by the 
national bank or subsidiary with the enforce-
ment action; and 
(D) if the complaint involves any alleged 
violation of a State law (whether or not Federal 
law preempts the application of such State law 
to such national bank) by such bank, a cite to 
and a description of the State law that formed 
the basis of the complaint. 
(b) REPORT TO THE CONGRESS.— 
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(1) 
PERIODIC
REPORTS
REQUIRED.—The 
Comptroller of the Currency shall submit a report 
semi-annually to the Congress on the consumer pro-
tection efforts of the Office of the Comptroller of the 
Currency. 
(2) CONTENTS OF REPORT.—Each report sub-
mitted under paragraph (1) shall include the fol-
lowing: 
(A) The total number of consumer com-
plaints received by the Comptroller during the 
period covered by the report with respect to al-
leged violations of consumer protection laws by 
national banks and subsidiaries of national 
banks. 
(B) The total number of consumer com-
plaints received during the reporting period that 
are based on each of the following: 
(i) Each title of the Consumer Credit 
Protection Act (reported as a separate ag-
gregate number for each such title). 
(ii) The Truth in Savings Act. 
(iii) The Right to Financial Privacy 
Act of 1978. 
(iv) The Expedited Funds Availability 
Act. 
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(v) The Community Reinvestment Act 
of 1977. 
(vi) The Bank Protection Act of 1968. 
(vii) Title LXII of the Revised Stat-
utes of the United States. 
(viii) The Federal Deposit Insurance 
Act. 
(ix) The Real Estate Settlement Pro-
cedures Act of 1974. 
(x) The Home Mortgage Disclosure 
Act of 1975. 
(xi) Any other Federal law. 
(xii) State consumer protection laws 
(reported as a separate aggregate number 
for each State and each State consumer 
protection law). 
(xiii) Any other State law (reported 
separately for each State and each State 
law). 
(C) A summary description of the resolu-
tion efforts by the Comptroller for complaints 
received during the period covered, including— 
(i) the average amount of time to re-
solve each complaint; 
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(ii) the median period of time to re-
solve each complaint; 
(iii) the average and median time to 
resolve complaints in each category of com-
plaints described in each clause of sub-
paragraph (B); and 
(iv) a summary description of the 
longest outstanding complaint during the 
reporting period and the reason for the dif-
ficulty in resolving such complaint in a 
more timely fashion. 
(3) 
DISCLOSURE
OF
REPORT
ON
OCC 
WEBSITE.—Each report submitted to the Congress 
under this subsection shall be posted, by the Comp-
troller of the Currency, in a timely fashion and 
maintained on the website of the Office of the 
Comptroller of the Currency on the World Wide 
Web. 
TITLE II—SAVINGS 
ASSOCIATIONS 
SEC. 201. STATE LAW PREEMPTION STANDARDS FOR FED-
ERAL SAVINGS ASSOCIATIONS CLARIFIED. 
(a) IN GENERAL.—The Home Owners’ Loan Act (12 
U.S.C. 1461 et seq.) is amended by inserting after section 
5 the following new section: 
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‘‘SEC. 6. STATE LAW PREEMPTION STANDARDS FOR FED-
ERAL SAVINGS ASSOCIATIONS AND AFFILI-
ATES CLARIFIED. 
‘‘(a) STATE CONSUMER LAWS OF GENERAL APPLI-
CATION.—Notwithstanding any other provision of Federal 
law, any consumer protection in State consumer law of 
general application (including any law relating to unfair 
or deceptive acts or practices, any consumer fraud law and 
repossession, foreclosure, and collection) shall apply to any 
Federal savings association. 
‘‘(b) STATE LAWS RELATED TO LAWS USED BY 
FEDERAL SAVINGS ASSOCIATIONS
FOR THEIR BEN-
EFIT.—When a Federal savings association avails itself of 
a State law for its benefit, all related consumer protections 
in State law shall apply. 
‘‘(c) STATE BANKING OR THRIFT LAWS ENACTED 
PURSUANT TO FEDERAL LAW.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of Federal law and except as provided in 
paragraph (2), any State law that— 
‘‘(A) is applicable to State savings associa-
tions (as defined in section 3 of the Federal De-
posit Insurance Act); and 
‘‘(B) was enacted pursuant to or in accord-
ance with, and is not inconsistent with, an Act 
of Congress, including the Gramm-Leach-Bliley 
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Act, the Consumer Credit Protection Act, and 
the Real Estate Settlement Procedures Act, 
that explicitly or by implication, permits States 
to exceed or supplement the requirements of 
any comparable Federal law, 
shall apply to any Federal savings association. 
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 
apply with respect to any State law if— 
‘‘(A) the State law discriminates against 
Federal savings associations; or 
‘‘(B) the State law is inconsistent with 
provisions of Federal law other than this Act, 
but only to the extent of the inconsistency (as 
determined in accordance with the provision of 
the other Federal law). 
‘‘(d) STATE LAWS PROTECTING AGAINST PREDA-
TORY MORTGAGE LOANS.—To the extent not otherwise 
addressed in this section, State laws providing greater pro-
tection in high cost mortgage loans, however denominated, 
both in coverage and content, than is provided under the 
Truth in Lending Act (including the provisions amended 
by the Home Ownership and Equity Protection Act of 
1994) shall apply to any Federal savings association. 
‘‘(e) COMPARABLE
FEDERAL
REGULATION
RE-
QUIRED.—In relation to the regulation of consumer credit 
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and deposit transactions, the Director of the Office of 
Thrift Supervision may preempt State law pursuant to 
this Act only when there is a comparable Federal statute, 
or regulations pursuant to a Federal statute other than 
this Act, expressly governing the activity, except in rela-
tion to interest pursuant to section 4(g). 
‘‘(f) NO NEGATIVE IMPLICATIONS
FOR APPLICA-
BILITY OF OTHER STATE LAWS.—No provision of this 
section shall be construed as altering or affecting the ap-
plicability, to Federal savings associations, of any State 
law which is not described in this section. 
‘‘(g) EFFECT OF TRANSFER OF TRANSACTION.—A 
transaction that is not entitled to preemption at the time 
of the origination of the transaction does not become enti-
tled to preemption under this Act by virtue of its subse-
quent acquisition by a Federal savings association. 
‘‘(h) DENIAL OF PREEMPTION NOT A DEPRIVATION 
OF A CIVIL RIGHT.—The preemption of any provision of 
the law of any State with respect to any Federal savings 
association shall not be treated as a right, privilege, or 
immunity for purposes of section 1979 of the Revised 
Statutes of the United States (42 U.S.C. 1983). 
‘‘(i) DEFINITION.—For purposes of this section, the 
terms ‘includes’ and ‘including’ have the same meaning 
as in section 3(t) of the Federal Deposit Insurance Act.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections 
for the Home Owners’ Loan Act (12 U.S.C. 1461 et seq.) 
is amended by striking the item relating to section 6 and 
inserting the following new item: 
‘‘6. State law preemption standards for Federal savings associations and affili-
ates clarified.’’. 
SEC. 202. VISITORIAL STANDARDS. 
Section 6 of the Home Owners’ Loan Act (as added 
by section 201(a) of this title) is amended by adding at 
the end the following new subsections: 
‘‘(j) VISITORIAL POWERS.—No provision of this Act 
shall be construed as limiting or restricting the authority 
of any attorney general (or other chief law enforcement 
officer) of any State to bring any action in any court of 
appropriate jurisdiction— 
‘‘(1) to enforce any applicable Federal or State 
law, as authorized by such law; or 
‘‘(2) on behalf of residents of such State, to en-
force any applicable provision of any Federal or 
State law against a Federal savings association, as 
authorized by such law, or to seek relief and recover 
damages for such residents from any violation of any 
such law by any Federal savings association. 
‘‘(k) ENFORCEMENT ACTIONS.—The ability of the 
Director of the Office of Thrift Supervision to bring an 
enforcement action under this Act or section 5 of the Fed-
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eral Trade Commission Act does not preclude private par-
ties from enforcing rights granted under Federal or State 
law in the courts.’’. 
SEC. 203. CLARIFICATION OF LAW APPLICABLE TO STATE- 
CHARTERED NONDEPOSITORY INSTITUTION 
SUBSIDIARIES. 
Section 6 of the Home Owners’ Loan Act (as added 
by section 201(a) of this title) is amended by inserting 
after subsection (k) (as added by section 202) the fol-
lowing new subsection: 
‘‘(l) CLARIFICATION OF LAW APPLICABLE TO NON-
DEPOSITORY INSTITUTION AFFILIATES OF FEDERAL SAV-
INGS ASSOCIATIONS.— 
‘‘(1) IN GENERAL.—No provision of this Act 
shall be construed as preempting the applicability of 
State law to any State-chartered nondepository insti-
tution, subsidiary, other affiliate, or agent of a Fed-
eral savings association. 
‘‘(2) DEFINITIONS.—For purposes of this sec-
tion, the following definitions shall apply: 
‘‘(A) 
DEPOSITORY
INSTITUTION, 
SUB-
SIDIARY, AFFILIATE.—The terms ‘depository in-
stitution’, ‘subsidiary’, and ‘affiliate’ have the 
same meanings as in section 3 of the Federal 
Deposit Insurance Act. 
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‘‘(B) NONDEPOSITORY INSTITUTION.—The 
term ‘nondepository institution’ means any enti-
ty that is not a depository institution.’’. 
SEC. 204. DATA COLLECTION AND REPORTING. 
(a) COLLECTING AND MONITORING CONSUMER COM-
PLAINTS.— 
(1) IN GENERAL.—The Director of the Office of 
Thrift Supervision shall record and monitor each 
complaint received directly or indirectly from a con-
sumer regarding a Federal savings association or 
any subsidiary of a Federal savings association and 
record the resolution of the complaint. 
(2) FACTORS TO BE INCLUDED.—In carrying 
out the requirements of paragraph (1), the Director 
of the Office of Thrift Supervision shall include— 
(A) the date the consumer complaint was 
received; 
(B) the nature of the complaint; 
(C) when and how the complaint was re-
solved, including a brief description of the ex-
tent, and the results, of the investigation made 
by the Director into the complaint, a brief de-
scription of any notices given and inquiries 
made to any other Federal or State officer or 
agency in the course of the investigation or res-
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olution of the complaint, a summary of the en-
forcement action taken upon completion of the 
investigation, and a summary of the results of 
subsequent periodic reviews by the Comptroller 
of the extent and nature of compliance by the 
Federal savings association or subsidiary with 
the enforcement action; and 
(D) if the complaint involves any alleged 
violation of a State law (whether or not Federal 
law preempts the application of such State law 
to such Federal savings association) by such 
savings association, a cite to and a description 
of the State law that formed the basis of the 
complaint. 
(b) REPORT TO THE CONGRESS.— 
(1) PERIODIC REPORTS REQUIRED.—The Direc-
tor of the Office of Thrift Supervision shall submit 
a report semi-annually to the Congress on the con-
sumer protection efforts of the Office of Thrift Su-
pervision. 
(2) CONTENTS OF REPORT.—Each report sub-
mitted under paragraph (1) shall include the fol-
lowing: 
(A) The total number of consumer com-
plaints received by the Director during the pe-
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riod covered by the report with respect to al-
leged violations of consumer protection laws by 
Federal savings associations and subsidiaries of 
Federal savings associations. 
(B) The total number of consumer com-
plaints received during the reporting period that 
are based on each of the following: 
(i) Each title of the Consumer Credit 
Protection Act (reported as a separate ag-
gregate number for each such title). 
(ii) The Truth in Savings Act. 
(iii) The Right to Financial Privacy 
Act of 1978. 
(iv) The Expedited Funds Availability 
Act. 
(v) The Community Reinvestment Act 
of 1977. 
(vi) The Bank Protection Act of 1968. 
(vii) The Home Owners’ Loan Act. 
(viii) The Federal Deposit Insurance 
Act. 
(ix) The Real Estate Settlement Pro-
cedures Act of 1974. 
(x) The Home Mortgage Disclosure 
Act of 1975. 
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(xi) Any other Federal law. 
(xii) State consumer protection laws 
(reported as a separate aggregate number 
for each State and each State consumer 
protection law). 
(xiii) Any other State law (reported 
separately for each State and each State 
law). 
(C) A summary description of the resolu-
tion efforts by the Director for complaints re-
ceived during the period covered, including— 
(i) the average amount of time to re-
solve each complaint; 
(ii) the median period of time to re-
solve each complaint; 
(iii) the average and median time to 
resolve complaints in each category of com-
plaints described in each clause of sub-
paragraph (B); and 
(iv) a summary description of the 
longest outstanding complaint during the 
reporting period and the reason for the dif-
ficulty in resolving such complaint in a 
more timely fashion. 
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(3) 
DISCLOSURE
OF
REPORT
ON
OTS 
WEBSITE.—Each report submitted to the Congress 
under this subsection shall be posted, by the Direc-
tor of the Office of Thrift Supervision, in a timely 
fashion and maintained on the website of the Office 
of Thrift Supervision on the World Wide Web. 
Æ 
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