onshore person or covered offshore person (and 
if the identity of the covered offshore person is 
not known, to the relevant Internet site and to 
the owner and the operator of the Internet site 
or relevant electronic representation); and 
‘‘(B) cause the order to be served on the 
relevant person. 
‘‘(2) TEMPORARY
AND
PRELIMINARY
CEASE 
AND DESIST ORDERS.— 
‘‘(A) 
PETITION
BY
COMPLAINANT.—A 
complainant may file with the Bureau a peti-
tion, in accordance with this paragraph, for the 
issuance of a temporary or preliminary order. 
‘‘(B) ISSUANCE OF ORDER.—If, upon re-
ceiving a petition under subparagraph (A) and 
after providing an opportunity to be heard 
under subparagraph (C), the Bureau deter-
mines that the covered onshore person or cov-
ered offshore person is in violation of subsection 
(b), in addition to any actions which the Direc-
tor could otherwise take, the Bureau may issue 
a temporary or preliminary cease and desist 
order against, and cause the order to be served 
on the relevant person pursuant to paragraph 
(1). 
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‘‘(C) OPPORTUNITY TO BE HEARD.— 
‘‘(i) IN GENERAL.—Before issuing a 
temporary or preliminary cease and desist 
order under this paragraph, the Bureau 
shall provide to any person (including any 
applicable Internet site or electronic rep-
resentation and the owner and the oper-
ator of such Internet site or electronic rep-
resentation) alleged to be in violation of 
subsection (b) an opportunity to be heard 
and to submit relevant information to the 
Bureau. 
‘‘(ii) ELECTRONIC SUBMISSION OF IN-
FORMATION AND PROCEEDINGS.—The Bu-
reau may provide an opportunity to be 
heard and to submit information under 
clause (i) electronically or in such other 
manner as the Bureau determines appro-
priate. 
‘‘(D) STANDARD FOR RELIEF.—If the Bu-
reau issues a temporary or preliminary cease 
and desist order under this paragraph, the 
order shall be issued in a manner consistent 
with the provisions of rule 65 of the Federal 
Rules of Civil Procedure, or any successor 
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thereto, relating to preliminary injunctions and 
temporary restraining orders. 
‘‘(E) 
PROCEDURES
FOR
TEMPORARY 
CEASE AND DESIST ORDER.— 
‘‘(i) EXPEDITED
CONSIDERATION.— 
Upon a showing of extraordinary cir-
cumstances by the complainant filing a pe-
tition for a temporary cease and desist 
order under subparagraph (A), the Bureau 
may make a determination with respect to 
the petition on an expedited basis. 
‘‘(ii) EXPIRATION OF ORDER.— 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), a tem-
porary cease and desist order issued 
under this paragraph shall expire at a 
time determined by the Bureau that is 
not later than 14 days after the 
issuance of the order. 
‘‘(II) EXTENSION
OF
ORDER.— 
The Bureau may extend a temporary 
cease and desist order issued under 
this paragraph for additional periods 
of not more than 14 days for good 
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cause or with the consent of the entity 
against which the order is issued. 
‘‘(F) 
PROCEDURES
FOR
PRELIMINARY 
CEASE AND DESIST ORDER.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the Bureau shall make 
a determination with respect to a petition 
for a preliminary cease and desist order 
not later than 30 days after the Bureau 
publishes notice of the initiation of an in-
vestigation under subsection (c) in the 
Federal Register. 
‘‘(ii) EXTENSIONS OF TIME FOR DE-
TERMINATION.—The Bureau may extend 
the date by which the Bureau is required 
to make a determination under clause (i) 
with respect to a petition for a preliminary 
cease and desist order for an additional 30 
days, if the Bureau— 
‘‘(I) determines that the petition 
presents a more complicated case; and 
‘‘(II) publishes in the Federal 
Register an explanation of why the 
Bureau determined that the case is 
more complicated under subclause (I). 
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‘‘(3) MODIFICATION
OR
REVOCATION
OF
OR-
DERS.— 
‘‘(A) IN GENERAL.—At any time after the 
issuance of an order under this subsection, a 
motion to modify, suspend, or vacate the order 
may be filed by— 
‘‘(i) any covered onshore person or 
covered offshore person bound by the 
order; 
‘‘(ii) the owner or operator of any 
Internet site or electronic representation 
subject to the order; 
‘‘(iii) any domain name registrar or 
registry that has registered or assigned the 
domain name of the Internet site subject 
to the order; or 
‘‘(iv) a financial transaction provider 
on which a copy of an order has been 
served pursuant to paragraph (1) of sub-
section (g) requiring the provider or service 
to take action described in paragraph (2) 
of that subsection. 
‘‘(B) RELIEF.—The Bureau shall modify, 
suspend, or vacate an order, as appropriate, if 
the Bureau determines that— 
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‘‘(i) the subject to the order is no 
longer, or never was in violation of sub-
section (b); or 
‘‘(ii) the interests of justice require 
that the order be modified, suspended, or 
vacated. 
‘‘(C) CONSIDERATION.—In making a de-
termination under subparagraph (B), the Bu-
reau may consider whether any domain name of 
an Internet site (or the relevant electronic rep-
resentation) subject to the order has expired or 
has been re-registered by a different entity. 
‘‘(4) AMENDMENT OF ORDERS.—A complainant 
may petition the Bureau to amend an order issued 
under this subsection if any relevant an Internet site 
or electronic representation determined under sub-
section (e) to be in violation of subsection (b) is ac-
cessible or has been reconstituted at a different do-
main name. 
‘‘(5) OPPORTUNITY TO BE HEARD FOR CERTAIN 
ENTITIES.—Before the Bureau issues an order 
under this subsection or modifies, suspends, vacates, 
or amends such an order under paragraph (3) or 
(4), a financial transaction provider that intervened 
pursuant to subsection (d)(3) in an investigation or 
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action relating to the order shall have an oppor-
tunity to be heard before the Bureau with respect to 
whether the Bureau should issue the order and the 
scope of relief available under the order or whether 
the Bureau should modify, suspend, vacate, or 
amend the order, as the case may be. 
‘‘(6) EXPIRATION OF ORDERS WITH RESPECT 
TO
INTERNET
SITE.—An order issued under this 
subsection against an Internet site (or relevant elec-
tronic representation) shall cease to have any force 
or effect upon expiration of the registration of the 
domain name of the Internet site (or relevant elec-
tronic representation). 
‘‘(g) REQUIRED ACTIONS BASED ON BUREAU OR-
DERS.— 
‘‘(1) IN GENERAL.—If the Bureau reasonably 
believes that a financial transaction provider identi-
fied in a complaint pursuant to subsection (d)(3), or 
any amendment to the complaint, supplies services 
to the covered onshore person or covered offshore 
person subject to the order issued under subsection 
(f) with respect to the complaint— 
‘‘(A) the Bureau may give permission to 
the complainant to serve a copy of the order on 
the financial transaction provider; 
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‘‘(B) if the Bureau gives permission to the 
complainant under subparagraph (A), the com-
plainant shall file proof of service with the Bu-
reau; and 
‘‘(C) upon receiving a copy of the order 
pursuant to subparagraph (A), the financial 
transaction provider shall implement the meas-
ures described in paragraph (2). 
‘‘(2) MEASURES TO BE IMPLEMENTED BY FI-
NANCIAL TRANSACTION PROVIDERS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), a financial transaction provider 
shall, as expeditiously as is reasonable, take 
reasonable and technically feasible measures, as 
expeditiously as reasonable, designed to prevent 
or prohibit the completion of payment trans-
actions by the provider that involve customers 
located in the United States and the covered 
onshore person or covered offshore person (in-
cluding the relevant Internet site or electronic 
representation) subject to the order issued 
under subsection (f). 
‘‘(B) LIMITATIONS ON MEASURES.—A fi-
nancial transaction provider may not be re-
quired pursuant to subparagraph (A)— 
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‘‘(i) to implement measures that are 
not commercially reasonable; 
‘‘(ii) to modify services or facilities of 
the provider to comply with the order 
issued under subsection (f); or 
‘‘(iii) to prevent or prohibit the com-
pletion of a payment transaction if the pro-
vider could not reasonably determine in ad-
vance whether the entity was using the 
Internet site subject to the order. 
‘‘(3) COMMUNICATION WITH USERS.—A finan-
cial transaction provider required to implement 
measures described in paragraph (2) shall determine 
how to communicate with the users or customers of 
the provider or service, as the case may be, with re-
spect to those measures. 
‘‘(4) RULES OF CONSTRUCTION.— 
‘‘(A) LIMITATION ON OBLIGATIONS.—A fi-
nancial transaction provider required to imple-
ment measures described in paragraph (2) shall 
not be required to take measures or actions in 
addition to the measures described in para-
graph (2) pursuant to this section or an order 
issued under this section. 
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‘‘(B) MANNER OF COMPLIANCE.—A finan-
cial transaction provider required to implement 
measures described in paragraph (2) shall be in 
compliance with this subsection if the provider 
implements the measures described in that 
paragraph with respect to accounts of the pro-
vider, as of the date on which a copy of an 
order is served under paragraph (1) or, if appli-
cable, the date on which the order is modified 
or amended under paragraph (3) or (4) of sub-
section (f). 
‘‘(5) ACTIONS PURSUANT TO BUREAU ORDER.— 
‘‘(A) IMMUNITY FROM CIVIL ACTIONS.—No 
cause of action shall lie in any court against a 
financial transaction provider on which a copy 
of an order is served under paragraph (1), or 
against any director, officer, employee, or agent 
thereof, other than in an action pursuant to 
subsection (h), for— 
‘‘(i) any act reasonably designed to 
comply with this subsection or reasonably 
arising from the order; or 
‘‘(ii) any act, failure, or inability to 
meet the obligations under this subsection 
of the provider or service if the provider or 
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service, as the case may be, makes a good 
faith effort to comply with such obliga-
tions. 
‘‘(B) IMMUNITY
FROM
LIABILITY.—A fi-
nancial transaction provider on which a copy of 
an order is served under paragraph (1), and 
any director, officer, employee, or agent thereof, 
shall not be liable to any person for any acts 
reasonably designed to comply with this sub-
section or reasonably arising from the order, 
other than in an action pursuant to subsection 
(h). 
‘‘(C) IMMUNITY FROM ACTIONS OF THIRD 
PARTIES.—An action taken by a third party to 
circumvent any measures implemented pursuant 
to an order served on a financial transaction 
provider under paragraph (1) may not be used 
by any person in any claim or cause of action 
against the provider or service, as the case may 
be, other than in an action pursuant to sub-
section (h). 
‘‘(h) ENFORCEMENT OF ORDERS.— 
‘‘(1) IN GENERAL.—In order to compel compli-
ance with this section, the Bureau and any State At-
torney General (or other appropriate State or tribal 
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entity) having enforcement authority over prohibited 
activity may bring an action for injunctive relief 
against any person subject to an order issued under 
subsection (f) or on which such an order is served 
under subsection (g) that fails to comply with the 
order. 
‘‘(2) RULE OF CONSTRUCTION.—The authority 
granted to the Bureau, State, and tribal authorities 
under paragraph (1) shall be the sole legal remedy 
for enforcing the obligations under subsection (g) of 
a financial transaction provider on which an order is 
served under paragraph (1) of that subsection. 
‘‘(3) AFFIRMATIVE DEFENSES.—A defendant in 
an action commenced under paragraph (1) may es-
tablish an affirmative defense by showing that the 
defendant does not have the technical means to com-
ply with this section without incurring an unreason-
able economic burden or that the order is incon-
sistent with this section. That showing shall serve as 
a defense only to the extent of the inability of the 
defendant to comply or to the extent of the incon-
sistency. 
‘‘(i) SANCTIONS FOR ABUSE OF PROCESS AND DIS-
COVERY.—The Bureau may, by rule, prescribe sanctions 
for abuse of process in a manner consistent with the provi-
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sions of rule 11 and rule 37 of the Federal Rules of Civil 
Procedure. 
‘‘(j) IMMUNITY FOR ENFORCEMENT OF ORDERS.— 
No cause of action shall lie in any court, no person may 
rely on any claim or cause of action, and no liability for 
damages to any person shall be granted, against a finan-
cial transaction provider for taking any action pursuant 
to subsection (g)(2). 
‘‘(k) SAVINGS CLAUSE.—Nothing in this section, in-
cluding subsection (c), may be construed to limit the au-
thority or jurisdiction of the Bureau or any State or tribe 
to review, regulate, investigate, enforce against, or other-
wise restrict activities covered by this section.’’. 
SEC. 6. STUDIES. 
Not later than 180 days after enactment of this sec-
tion, the Government Accountability Office (in this section 
referred to as the ‘‘GAO’’) shall conduct a study regarding 
the availability of capital on reservations of Indian tribes 
(as such term is defined in section 4 of the Indian Self- 
Determination and Education Assistance Act (25 U.S.C. 
450b)) and the impact that small-dollar consumer credit 
extended through Internet and non-Internet means to 
members of Indian tribes has had on economic opportunity 
and wealth for members of Indian tribes. In conducting 
the study, the GAO shall consult, as appropriate, with the 
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Bureau of Consumer Financial Protection, the Board of 
Governors of the Federal Reserve System, the Bureau of 
Indian Affairs, federally recognized Indian tribes, and 
community development financial institutions operating in 
Indian lands. The report shall be presented to the Com-
mittee on Banking, Housing, and Urban Affairs and the 
Committee on Indian Affairs of the Senate and the Com-
mittee on Financial Services and the Committee on Nat-
ural Resources of the House of Representatives. 
SEC. 7. RULEMAKING. 
Not later than 1 year after the date of enactment 
of this Act, the Bureau shall adopt any final rules nec-
essary to implement the provisions of this Act and the 
amendments made by this Act. 
Æ 
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