Challenging Low Fees
Section 312(c) of Dodd-Frank

 (c) CONFORMING AMENDMENTS.—Section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813) is amended—

(1) in subsection (q), by striking paragraphs (1) through (4) and inserting the following:

‘‘(1) the Office of the Comptroller of the Currency, in the case of—

‘‘(A) any national banking association; ‘‘

(B) any Federal branch or agency of a foreign bank; and

‘‘(C) any Federal savings association;

‘‘(2) the Federal Deposit Insurance Corporation, in the case of—

‘‘(A) any State nonmember insured bank;

‘‘(B) any foreign bank having an insured branch; and

‘‘(C) any State savings association;

‘‘(3) the Board of Governors of the Federal Reserve System, in the case of—

‘‘(A) any State member bank;

‘‘(B) any branch or agency of a foreign bank with respect to any provision of the Federal Reserve Act which is made applicable under the International Banking Act of 1978;

‘‘(C) any foreign bank which does not operate an insured branch;

‘‘(D) any agency or commercial lending company other than a Federal agency;

‘‘(E) supervisory or regulatory proceedings arising from the authority given to the Board of Governors under section 7(c)(1) of the International Banking Act of 1978, including such proceedings under the Financial Institutions Supervisory Act of 1966;

‘‘(F) any bank holding company and any subsidiary (other than a depository institution) of a bank holding company; and

‘‘(G) any savings and loan holding company and any subsidiary (other than a depository institution) of a savings and loan holding company.’’; and

(2) in paragraphs (1) and (3) of subsection (u), by striking ‘‘(other than a bank holding company’’ and inserting ‘‘(other than a bank holding company or savings and loan holding company’’.

Section 1100 (A) (8) of the Dodd-Frank Act

(8) in section 108 (15 U.S.C. 1604), by adding at the end the following:

(A) by striking subsection (a) and inserting the following:

‘‘(a) ENFORCINGAGENCIES.—Subject to subtitle B of the Consumer Financial Protection Act of 2010, compliance with the requirements imposed under this title shall be enforced under—

 ‘‘(1) section 8 of the Federal Deposit Insurance Act, by the appropriate Federal banking agency, as defined in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)), with respect to—

‘‘(A) national banks, Federal savings associations, and Federal branches and Federal agencies of foreign banks;

‘‘(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 25A of the Federal Reserve Act; and

‘‘(C) banks and State savings associations insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), and insured State branches of foreign banks;

‘‘(2) the Federal Credit Union Act, by the Director of the National Credit Union Administration, with respect to any Federal credit union;

‘‘(3) the Federal Aviation Act of 1958, by the Secretary of Transportation, with respect to any air carrier or foreign air carrier subject to that Act;

 ‘‘(4) the Packers and Stockyards Act, 1921 (except as pro-vided in section 406 of that Act), by the Secretary of Agriculture, with respect to any activities subject to that Act;

‘‘(5) the Farm Credit Act of 1971, by the Farm Credit Administration with respect to any Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association; and

‘‘(6) subtitle E of the Consumer Financial Protection Act of 2010, by the Bureau, with respect to any person subject to this title.’’; and

 (B) by striking subsection (c) and inserting the following:

‘‘(c) OVERALL ENFORCEMENT AUTHORITY OF THEF EDERAL TRADE COMMISSION.—Except to the extent that enforcement of the requirements imposed under this title is specifically committed to some other Government agency under any of paragraphs (1) through (5) of subsection (a), and subject to subtitle B of the Consumer Financial Protection Act of 2010, the Federal Trade Commission shall be authorized to 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, a violation of any requirement imposed under this title 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 Federal Trade Commission to enforce compliance by any person with the requirements under this title, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests under the Federal Trade Commission Act.’’