
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC1691c]

 
                      TITLE 15--COMMERCE AND TRADE
 
                 CHAPTER 41--CONSUMER CREDIT PROTECTION
 
                 SUBCHAPTER IV--EQUAL CREDIT OPPORTUNITY
 
Sec. 1691c. Administrative enforcement


(a) Enforcing agencies

    Compliance with the requirements imposed under this subchapter shall 
be enforced under:
        (1) section 8 of the Federal Deposit Insurance Act [12 U.S.C. 
    1818], in the case of--
            (A) national banks, and Federal branches and Federal 
        agencies of foreign banks, by the Office of the Comptroller of 
        the Currency;
            (B) member banks of the Federal Reserve System (other than 
        national banks), branches and agencies of foreign banks (other 
        than Federal branches, Federal agencies, and insured State 
        branches of foreign banks), commercial lending companies owned 
        or controlled by foreign banks, and organizations operating 
        under section 25 or 25(a) \1\ of the Federal Reserve Act [12 
        U.S.C. 601 et seq., 611 et seq.], by the Board; and
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    \1\ See References in Text note below.
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            (C) banks insured by the Federal Deposit Insurance 
        Corporation (other than members of the Federal Reserve System) 
        and insured State branches of foreign banks, by the Board of 
        Directors of the Federal Deposit Insurance Corporation;

        (2) Section 8 of the Federal Deposit Insurance Act [12 U.S.C. 
    1818], by the Director of the Office of Thrift Supervision, in the 
    case of a savings association the deposits of which are insured by 
    the Federal Deposit Insurance Corporation.
        (3) The Federal Credit Union Act [12 U.S.C. 1751 et seq.], by 
    the Administrator of the National Credit Union Administration with 
    respect to any Federal Credit Union.
        (4) Subtitle IV of title 49, by the Secretary of Transportation, 
    with respect to all carriers subject to the jurisdiction of the 
    Surface Transportation Board.
        (5) Part A of subtitle VII of title 49, by the Secretary of 
    Transportation with respect to any air carrier or foreign air 
    carrier subject to that part.
        (6) The Packers and Stockyards Act, 1921 [7 U.S.C. 181 et seq.] 
    (except as provided in section 406 of that Act [7 U.S.C. 226, 227]), 
    by the Secretary of Agriculture with respect to any activities 
    subject to that Act.
        (7) The Farm Credit Act of 1971 [12 U.S.C. 2001 et seq.], by the 
    Farm Credit Administration with respect to any Federal land bank, 
    Federal land bank association, Federal intermediate credit bank, and 
    production credit association;
        (8) The Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.], 
    by the Securities and Exchange Commission with respect to brokers 
    and dealers; and
        (9) The Small Business Investment Act of 1958 [15 U.S.C. 661 et 
    seq.], by the Small Business Administration, with respect to small 
    business investment companies.

The terms used in paragraph (1) that are not defined in this subchapter 
or otherwise defined in section 3(s) of the Federal Deposit Insurance 
Act (12 U.S.C. 1813(s)) shall have the meaning given to them in section 
1(b) of the International Banking Act of 1978 (12 U.S.C. 3101).

(b) Violations of subchapter deemed violations of preexisting statutory 
        requirements; additional agency powers

    For the purpose of the exercise by any agency referred to in 
subsection (a) of this section of its powers under any Act referred to 
in that subsection, a violation of any requirement imposed under this 
subchapter shall be deemed to be a violation of a requirement imposed 
under that Act. In addition to its powers under any provision of law 
specifically referred to in subsection (a) of this section, each of the 
agencies referred to in that subsection may exercise for the purpose of 
enforcing compliance with any requirement imposed under this subchapter, 
any other authority conferred on it by law. The exercise of the 
authorities of any of the agencies referred to in subsection (a) of this 
section for the purpose of enforcing compliance with any requirement 
imposed under this subchapter shall in no way preclude the exercise of 
such authorities for the purpose of enforcing compliance with any other 
provision of law not relating to the prohibition of discrimination on 
the basis of sex or marital status with respect to any aspect of a 
credit transaction.

(c) Overall enforcement authority of Federal Trade Commission

    Except to the extent that enforcement of the requirements imposed 
under this subchapter is specifically committed to some other Government 
agency under subsection (a) of this section, the Federal Trade 
Commission shall enforce such requirements. For the purpose of the 
exercise by the Federal Trade Commission of its functions and powers 
under the Federal Trade Commission Act [15 U.S.C. 41 et seq.], a 
violation of any requirement imposed under this subchapter shall be 
deemed a violation of a requirement imposed under that Act. All of the 
functions and powers of the Federal Trade Commission under the Federal 
Trade Commission Act are available to the Commission to enforce 
compliance by any person with the requirements imposed under this 
subchapter, irrespective of whether that person is engaged in commerce 
or meets any other jurisdictional tests in the Federal Trade Commission 
Act, including the power to enforce any Federal Reserve Board regulation 
promulgated under this subchapter in the same manner as if the violation 
had been a violation of a Federal Trade Commission trade regulation 
rule.

(d) Rules and regulations by enforcing agencies

    The authority of the Board to issue regulations under this 
subchapter does not impair the authority of any other agency designated 
in this section to make rules respecting its own procedures in enforcing 
compliance with requirements imposed under this subchapter.

(Pub. L. 90-321, title VII, Sec. 704, as added Pub. L. 93-495, title V, 
Sec. 503, Oct. 28, 1974, 88 Stat. 1522; amended Pub. L. 94-239, Sec. 4, 
Mar. 23, 1976, 90 Stat. 253; Pub. L. 98-443, Sec. 9(n), Oct. 4, 1984, 98 
Stat. 1708; Pub. L. 101-73, title VII, Sec. 744(m), Aug. 9, 1989, 103 
Stat. 439; Pub. L. 102-242, title II, Sec. 212(d), Dec. 19, 1991, 105 
Stat. 2300; Pub. L. 102-550, title XVI, Sec. 1604(a)(7), Oct. 28, 1992, 
106 Stat. 4082; Pub. L. 104-88, title III, Sec. 315, Dec. 29, 1995, 109 
Stat. 948.)

                       References in Text

    Section 25(a) of the Federal Reserve Act, referred to in subsec. 
(a)(1)(B), which is classified to subchapter II (Sec. 611 et seq.) of 
chapter 6 of Title 12, Banks and Banking, was renumbered section 25A of 
that act by Pub. L. 102-242, title I, Sec. 142(e)(2), Dec. 19, 1991, 105 
Stat. 2281. Section 25 of the Federal Reserve Act is classified to 
subchapter I (Sec. 601 et seq.) of chapter 6 of Title 12.
    The Federal Credit Union Act, referred to in subsec. (a)(3), is act 
June 26, 1934, ch. 750, 48 Stat. 1216, as amended, which is classified 
generally to chapter 14 (Sec. 1751 et seq.) of Title 12. For complete 
classification of this Act to the Code, see section 1751 of Title 12 and 
Tables.
    The Packers and Stockyards Act, 1921, referred to in subsec. (a)(6), 
is act Aug. 15, 1921, ch. 64, 42 Stat. 159, as amended, which is 
classified to chapter 9 (Sec. 181 et seq.) of Title 7, Agriculture. For 
complete classification of this Act to the Code, see section 181 of 
Title 7 and Tables.
    The Farm Credit Act of 1971, referred to in subsec. (a)(7), is Pub. 
L. 92-181, Dec. 10, 1971, 85 Stat. 583, as amended, which is classified 
generally to chapter 23 (Sec. 2001 et seq.) of Title 12, Banks and 
Banking. For complete classification of this Act to the Code, see Short 
Title note set out under section 2001 of Title 12 and Tables.
    The Securities Exchange Act of 1934, referred to in subsec. (a)(8), 
is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is 
classified principally to chapter 2B (Sec. 78a et seq.) of this title. 
For complete classification of this Act to the Code, see Codification 
note set out under section 78a of this title and Tables.
    The Small Business Investment Act of 1958, referred to in subsec. 
(a)(9), is Pub. L. 85-699, Aug. 21, 1958, 72 Stat. 689, as amended, 
which is classified principally to chapter 14B (Sec. 661 et seq.) of 
this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 661 of this title and Tables.
    The Federal Trade Commission Act, referred to in subsec. (c), is act 
Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified 
generally to subchapter I (Sec. 41 et seq.) of chapter 2 of this title. 
For complete classification of this Act to the Code, see section 58 of 
this title and Tables.

                          Codification

    In subsec. (a)(4), ``Subtitle IV of title 49'' substituted for ``The 
Acts to regulate commerce'' on authority of Pub. L. 95-473, Sec. 3(b), 
Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted 
subtitle IV of Title 49, Transportation.
    In subsec. (a)(5), ``Part A of subtitle VII of title 49'' 
substituted for ``The Federal Aviation Act of 1958 [49 App. U.S.C. 1301 
et seq.]'' and ``that part'' substituted for ``that Act'' on authority 
of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first 
section of which enacted subtitles II, III, and V to X of Title 49.


                               Amendments

    1995--Subsec. (a)(4). Pub. L. 104-88 substituted ``Secretary of 
Transportation, with respect to all carriers subject to the jurisdiction 
of the Surface Transportation Board'' for ``Interstate Commerce 
Commission with respect to any common carrier subject to those Acts''.
    1992--Subsec. (a)(1)(C). Pub. L. 102-550 substituted semicolon for 
period at end.
    1991--Subsec. (a). Pub. L. 102-242, Sec. 212(d)(2), inserted at end 
``The terms used in paragraph (1) that are not defined in this 
subchapter or otherwise defined in section 3(s) of the Federal Deposit 
Insurance Act (12 U.S.C. 1813(s)) shall have the meaning given to them 
in section 1(b) of the International Banking Act of 1978 (12 U.S.C. 
3101).''
    Pub. L. 102-242, Sec. 212(d)(1), added par. (1) and struck out 
former par. (1) which read as follows: ``Section 8 of Federal Deposit 
Insurance Act, in the case of--
        ``(A) national banks, by the Comptroller of the Currency,
        ``(B) member banks of the Federal Reserve System (other than 
    national banks), by the Federal Reserve Board,
        ``(C) banks the deposits or accounts of which are insured by the 
    Federal Deposit Insurance Corporation (other than members of the 
    Federal Reserve System), by the Board of Directors of the Federal 
    Deposit Insurance Corporation.''
    1989--Subsec. (a)(2). Pub. L. 101-73 amended par. (2) generally. 
Prior to amendment, par. (2) read as follows: ``Section 5(d) of the Home 
Owners' Loan Act of 1933, section 407 of the National Housing Act, and 
sections 6(i) and 17 of the Federal Home Loan Bank Act, by the Federal 
Home Loan Bank Board (acting directly or through the Federal Savings and 
Loan Insurance Corporation), in the case of any institution subject to 
any of those provisions.''
    1984--Subsec. (a)(5). Pub. L. 98-443 substituted ``Secretary of 
Transportation'' for ``Civil Aeronautics Board''.
    1976--Subsec. (c). Pub. L. 94-239 inserted provisions giving the 
Federal Trade Commission power to enforce any regulation of the Federal 
Reserve Board promulgated under this subchapter.


                    Effective Date of 1995 Amendment

    Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of 
Pub. L. 104-88, set out as an Effective Date note under section 701 of 
Title 49, Transportation.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-550 effective as if included in the Federal 
Deposit Insurance Corporation Improvement Act of 1991, Pub. L. 102-242, 
as of Dec. 19, 1991, see section 1609(a) of Pub. L. 102-550, set out as 
a note under section 191 of Title 12, Banks and Banking.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section 9(v) 
of Pub. L. 98-443, set out as a note under section 5314 of Title 5, 
Government Organization and Employees.


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-239 effective Mar. 23, 1976, see section 708 
of Pub. L. 90-321, set out as an Effective Date note under section 1691 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1691e, 1691f of this title; 
title 12 section 4545.
