12 U.S.C. § 5481 — Definitions

Page 1939 TITLE 12—BANKS AND BANKING § 5481 1 So in original. Probably should be preceded by ‘‘with’’. 1 See References in Text note below. Board of Governors to jointly develop risk man- agement supervision programs for designated clearing entities. Not later than 1 year after July 21, 2010, the Commodity Futures Trading Commission, the Commission, and the Board of Governors shall submit a joint report to the Committee on Banking, Housing, and Urban Af- fairs and the Committee on Agriculture, Nutri- tion, and Forestry of the Senate, and the Com- mittee on Financial Services and the Committee on Agriculture of the House of Representatives recommendations 1 for— (1) improving consistency in the designated clearing entity oversight programs of the Commission and the Commodity Futures Trading Commission; (2) promoting robust risk management by designated clearing entities; (3) promoting robust risk management over- sight by regulators of designated clearing en- tities; and (4) improving regulators’ ability to monitor the potential effects of designated clearing en- tity risk management on the stability of the financial system of the United States. (Pub. L. 111–203, title VIII, § 813, July 21, 2010, 124 Stat. 1821.) SUBCHAPTER V—BUREAU OF CONSUMER FINANCIAL PROTECTION § 5481. Definitions Except as otherwise provided in this title,1 for purposes of this title,1 the following definitions shall apply: (1) Affiliate The term ‘‘affiliate’’ means any person that controls, is controlled by, or is under common control with another person. (2) Bureau The term ‘‘Bureau’’ means the Bureau of Consumer Financial Protection. (3) Business of insurance The term ‘‘business of insurance’’ means the writing of insurance or the reinsuring of risks by an insurer, including all acts necessary to such writing or reinsuring and the activities relating to the writing of insurance or the re- insuring of risks conducted by persons who act as, or are, officers, directors, agents, or em- ployees of insurers or who are other persons authorized to act on behalf of such persons. (4) Consumer The term ‘‘consumer’’ means an individual or an agent, trustee, or representative acting on behalf of an individual. (5) Consumer financial product or service The term ‘‘consumer financial product or service’’ means any financial product or serv- ice that is described in one or more categories under— (A) paragraph (15) and is offered or pro- vided for use by consumers primarily for personal, family, or household purposes; or (B) clause (i), (iii), (ix), or (x) of paragraph (15)(A), and is delivered, offered, or provided in connection with a consumer financial product or service referred to in subpara- graph (A). (6) Covered person The term ‘‘covered person’’ means— (A) any person that engages in offering or providing a consumer financial product or service; and (B) any affiliate of a person described in subparagraph (A) if such affiliate acts as a service provider to such person. (7) Credit The term ‘‘credit’’ means the right granted by a person to a consumer to defer payment of a debt, incur debt and defer its payment, or purchase property or services and defer pay- ment for such purchase. (8) Deposit-taking activity The term ‘‘deposit-taking activity’’ means— (A) the acceptance of deposits, mainte- nance of deposit accounts, or the provision of services related to the acceptance of de- posits or the maintenance of deposit ac- counts; (B) the acceptance of funds, the provision of other services related to the acceptance of funds, or the maintenance of member share accounts by a credit union; or (C) the receipt of funds or the equivalent thereof, as the Bureau may determine by rule or order, received or held by a covered person (or an agent for a covered person) for the purpose of facilitating a payment or transferring funds or value of funds between a consumer and a third party. (9) Designated transfer date The term ‘‘designated transfer date’’ means the date established under section 5582 of this title. (10) Director The term ‘‘Director’’ means the Director of the Bureau. (11) Electronic conduit services The term ‘‘electronic conduit services’’— (A) means the provision, by a person, of electronic data transmission, routing, inter- mediate or transient storage, or connections to a telecommunications system or network; and (B) does not include a person that provides electronic conduit services if, when pro- viding such services, the person— (i) selects or modifies the content of the electronic data; (ii) transmits, routes, stores, or provides connections for electronic data, including financial data, in a manner that such fi- nancial data is differentiated from other types of data of the same form that such person transmits, routes, or stores, or with respect to which, provides connections; or (iii) is a payee, payor, correspondent, or similar party to a payment transaction with a consumer. (12) Enumerated consumer laws Except as otherwise specifically provided in section 5519 of this title, subtitle G or subtitle Page 1940 TITLE 12—BANKS AND BANKING § 5481 2 So in original. Probably should be ‘‘Homeowners’’. H, the term ‘‘enumerated consumer laws’’ means— (A) the Alternative Mortgage Transaction Parity Act of 1982 (12 U.S.C. 3801 et seq.); (B) the Consumer Leasing Act of 1976 (15 U.S.C. 1667 et seq.); (C) the Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.), except with respect to section 920 of that Act [15 U.S.C. 1693o–2]; (D) the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.); (E) the Fair Credit Billing Act (15 U.S.C. 1666 et seq.); (F) the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), except with respect to sections 615(e) and 628 of that Act (15 U.S.C. 1681m(e), 1681w); (G) the Home Owners 2 Protection Act of 1998 (12 U.S.C. 4901 et seq.); (H) the Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.); (I) subsections (b) through (f) of section 43 of the Federal Deposit Insurance Act (12 U.S.C. 1831t(c)[(b)]–(f)); (J) sections 502 through 509 of the Gramm- Leach-Bliley Act (15 U.S.C. 6802–6809) except for section 505 [15 U.S.C. 6805] as it applies to section 501(b) [15 U.S.C. 6801(b)]; (K) the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2801 et seq.); (L) the Home Ownership and Equity Pro- tection Act of 1994 (15 U.S.C. 1601 note); (M) the Real Estate Settlement Proce- dures Act of 1974 (12 U.S.C. 2601 et seq.); (N) the S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5101 et seq.); (O) the Truth in Lending Act (15 U.S.C. 1601 et seq.); (P) the Truth in Savings Act (12 U.S.C. 4301 et seq.); (Q) section 626 of the Omnibus Appropria- tions Act, 2009 (Public Law 111–8) [12 U.S.C. 5538]; and (R) the Interstate Land Sales Full Disclo- sure Act (15 U.S.C. 1701). (13) Fair lending The term ‘‘fair lending’’ means fair, equi- table, and nondiscriminatory access to credit for consumers. (14) Federal consumer financial law The term ‘‘Federal consumer financial law’’ means the provisions of this title,1 the enu- merated consumer laws, the laws for which au- thorities are transferred under subtitles F and H, and any rule or order prescribed by the Bu- reau under this title,1 an enumerated con- sumer law, or pursuant to the authorities transferred under subtitles F and H. The term does not include the Federal Trade Commis- sion Act [15 U.S.C. 41 et seq.]. (15) Financial product or service (A) In general The term ‘‘financial product or service’’ means— (i) extending credit and servicing loans, including acquiring, purchasing, selling, brokering, or other extensions of credit (other than solely extending commercial credit to a person who originates consumer credit transactions); (ii) extending or brokering leases of per- sonal or real property that are the func- tional equivalent of purchase finance ar- rangements, if— (I) the lease is on a non-operating basis; (II) the initial term of the lease is at least 90 days; and (III) in the case of a lease involving real property, at the inception of the ini- tial lease, the transaction is intended to result in ownership of the leased prop- erty to be transferred to the lessee, sub- ject to standards prescribed by the Bu- reau; (iii) providing real estate settlement services, except such services excluded under subparagraph (C), or performing ap- praisals of real estate or personal prop- erty; (iv) engaging in deposit-taking activi- ties, transmitting or exchanging funds, or otherwise acting as a custodian of funds or any financial instrument for use by or on behalf of a consumer; (v) selling, providing, or issuing stored value or payment instruments, except that, in the case of a sale of, or trans- action to reload, stored value, only if the seller exercises substantial control over the terms or conditions of the stored value provided to the consumer where, for pur- poses of this clause— (I) a seller shall not be found to exer- cise substantial control over the terms or conditions of the stored value if the seller is not a party to the contract with the consumer for the stored value prod- uct, and another person is principally re- sponsible for establishing the terms or conditions of the stored value; and (II) advertising the nonfinancial goods or services of the seller on the stored value card or device is not in itself an exercise of substantial control over the terms or conditions; (vi) providing check cashing, check col- lection, or check guaranty services; (vii) providing payments or other finan- cial data processing products or services to a consumer by any technological means, including processing or storing financial or banking data for any payment instru- ment, or through any payments systems or network used for processing payments data, including payments made through an online banking system or mobile tele- communications network, except that a person shall not be deemed to be a covered person with respect to financial data proc- essing solely because the person— (I) is a merchant, retailer, or seller of any nonfinancial good or service who en- gages in financial data processing by transmitting or storing payments data about a consumer exclusively for pur- pose of initiating payments instructions Page 1941 TITLE 12—BANKS AND BANKING § 5481 by the consumer to pay such person for the purchase of, or to complete a com- mercial transaction for, such non- financial good or service sold directly by such person to the consumer; or (II) provides access to a host server to a person for purposes of enabling that person to establish and maintain a website; (viii) providing financial advisory serv- ices (other than services relating to securi- ties provided by a person regulated by the Commission or a person regulated by a State securities Commission, but only to the extent that such person acts in a regu- lated capacity) to consumers on individual financial matters or relating to propri- etary financial products or services (other than by publishing any bona fide news- paper, news magazine, or business or finan- cial publication of general and regular cir- culation, including publishing market data, news, or data analytics or invest- ment information or recommendations that are not tailored to the individual needs of a particular consumer), includ- ing— (I) providing credit counseling to any consumer; and (II) providing services to assist a con- sumer with debt management or debt settlement, modifying the terms of any extension of credit, or avoiding fore- closure; (ix) collecting, analyzing, maintaining, or providing consumer report information or other account information, including information relating to the credit history of consumers, used or expected to be used in connection with any decision regarding the offering or provision of a consumer fi- nancial product or service, except to the extent that— (I) a person— (aa) collects, analyzes, or maintains information that relates solely to the transactions between a consumer and such person; (bb) provides the information de- scribed in item (aa) to an affiliate of such person; or (cc) provides information that is used or expected to be used solely in any decision regarding the offering or provision of a product or service that is not a consumer financial product or service, including a decision for em- ployment, government licensing, or a residential lease or tenancy involving a consumer; and (II) the information described in sub- clause (I)(aa) is not used by such person or affiliate in connection with any deci- sion regarding the offering or provision of a consumer financial product or serv- ice to the consumer, other than credit described in section 5517(a)(2)(A) of this title; (x) collecting debt related to any con- sumer financial product or service; and (xi) such other financial product or serv- ice as may be defined by the Bureau, by regulation, for purposes of this title,1 if the Bureau finds that such financial prod- uct or service is— (I) entered into or conducted as a sub- terfuge or with a purpose to evade any Federal consumer financial law; or (II) permissible for a bank or for a fi- nancial holding company to offer or to provide under any provision of a Federal law or regulation applicable to a bank or a financial holding company, and has, or likely will have, a material impact on consumers. (B) Rule of construction (i) In general For purposes of subparagraph (A)(xi)(II), and subject to clause (ii) of this subpara- graph, the following activities provided to a covered person shall not, for purposes of this title,1 be considered incidental or complementary to a financial activity per- missible for a financial holding company to engage in under any provision of a Fed- eral law or regulation applicable to a fi- nancial holding company: (I) Providing information products or services to a covered person for identity authentication. (II) Providing information products or services for fraud or identify theft detec- tion, prevention, or investigation. (III) Providing document retrieval or delivery services. (IV) Providing public records informa- tion retrieval. (V) Providing information products or services for anti-money laundering ac- tivities. (ii) Limitation Nothing in clause (i) may be construed as modifying or limiting the authority of the Bureau to exercise any— (I) examination or enforcement powers authority under this title 1 with respect to a covered person or service provider engaging in an activity described in sub- paragraph (A)(ix); or (II) powers authorized by this title 1 to prescribe rules, issue orders, or take other actions under any enumerated con- sumer law or law for which the authori- ties are transferred under subtitle F or H. (C) Exclusions The term ‘‘financial product or service’’ does not include— (i) the business of insurance; or (ii) electronic conduit services. (16) Foreign exchange The term ‘‘foreign exchange’’ means the ex- change, for compensation, of currency of the United States or of a foreign government for currency of another government. (17) Insured credit union The term ‘‘insured credit union’’ has the same meaning as in section 1752 of this title. Page 1942 TITLE 12—BANKS AND BANKING § 5481 (18) Payment instrument The term ‘‘payment instrument’’ means a check, draft, warrant, money order, traveler’s check, electronic instrument, or other instru- ment, payment of funds, or monetary value (other than currency). (19) Person The term ‘‘person’’ means an individual, partnership, company, corporation, associa- tion (incorporated or unincorporated), trust, estate, cooperative organization, or other en- tity. (20) Person regulated by the Commodity Fu- tures Trading Commission The term ‘‘person regulated by the Com- modity Futures Trading Commission’’ means any person that is registered, or required by statute or regulation to be registered, with the Commodity Futures Trading Commission, but only to the extent that the activities of such person are subject to the jurisdiction of the Commodity Futures Trading Commission under the Commodity Exchange Act [7 U.S.C. 1 et seq.]. (21) Person regulated by the Commission The term ‘‘person regulated by the Commis- sion’’ means a person who is— (A) a broker or dealer that is required to be registered under the Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.]; (B) an investment adviser that is reg- istered under the Investment Advisers Act of 1940 [15 U.S.C. 80b–1 et seq.]; (C) an investment company that is re- quired to be registered under the Investment Company Act of 1940 [15 U.S.C. 80a–1 et seq.], and any company that has elected to be reg- ulated as a business development company under that Act; (D) a national securities exchange that is required to be registered under the Securi- ties Exchange Act of 1934; (E) a transfer agent that is required to be registered under the Securities Exchange Act of 1934; (F) a clearing corporation that is required to be registered under the Securities Ex- change Act of 1934; (G) any self-regulatory organization that is required to be registered with the Com- mission; (H) any nationally recognized statistical rating organization that is required to be registered with the Commission; (I) any securities information processor that is required to be registered with the Commission; (J) any municipal securities dealer that is required to be registered with the Commis- sion; (K) any other person that is required to be registered with the Commission under the Securities Exchange Act of 1934; and (L) any employee, agent, or contractor acting on behalf of, registered with, or pro- viding services to, any person described in any of subparagraphs (A) through (K), but only to the extent that any person described in any of subparagraphs (A) through (K), or the employee, agent, or contractor of such person, acts in a regulated capacity. (22) Person regulated by a State insurance reg- ulator The term ‘‘person regulated by a State in- surance regulator’’ means any person that is engaged in the business of insurance and sub- ject to regulation by any State insurance reg- ulator, but only to the extent that such person acts in such capacity. (23) Person that performs income tax prepara- tion activities for consumers The term ‘‘person that performs income tax preparation activities for consumers’’ means— (A) any tax return preparer (as defined in section 7701(a)(36) of title 26), regardless of whether compensated, but only to the extent that the person acts in such capacity; (B) any person regulated by the Secretary under section 330 of title 31, but only to the extent that the person acts in such capacity; and (C) any authorized IRS e-file Providers (as defined for purposes of section 7216 of title 26), but only to the extent that the person acts in such capacity. (24) Prudential regulator The term ‘‘prudential regulator’’ means— (A) in the case of an insured depository in- stitution or depository institution holding company (as defined in section 1813 of this title), or subsidiary of such institution or company, the appropriate Federal banking agency, as that term is defined in section 1813 of this title; and (B) in the case of an insured credit union, the National Credit Union Administration. (25) Related person The term ‘‘related person’’— (A) shall apply only with respect to a cov- ered person that is not a bank holding com- pany (as that term is defined in section 1841 of this title), credit union, or depository in- stitution; (B) shall be deemed to mean a covered per- son for all purposes of any provision of Fed- eral consumer financial law; and (C) means— (i) any director, officer, or employee charged with managerial responsibility for, or controlling shareholder of, or agent for, such covered person; (ii) any shareholder, consultant, joint venture partner, or other person, as deter- mined by the Bureau (by rule or on a case- by-case basis) who materially participates in the conduct of the affairs of such cov- ered person; and (iii) any independent contractor (includ- ing any attorney, appraiser, or account- ant) who knowingly or recklessly partici- pates in any— (I) violation of any provision of law or regulation; or (II) breach of a fiduciary duty. (26) Service provider (A) In general The term ‘‘service provider’’ means any person that provides a material service to a Page 1943 TITLE 12—BANKS AND BANKING § 5481 covered person in connection with the offer- ing or provision by such covered person of a consumer financial product or service, in- cluding a person that— (i) participates in designing, operating, or maintaining the consumer financial product or service; or (ii) processes transactions relating to the consumer financial product or service (other than unknowingly or incidentally transmitting or processing financial data in a manner that such data is undifferen- tiated from other types of data of the same form as the person transmits or processes). (B) Exceptions The term ‘‘service provider’’ does not in- clude a person solely by virtue of such per- son offering or providing to a covered per- son— (i) a support service of a type provided to businesses generally or a similar ministe- rial service; or (ii) time or space for an advertisement for a consumer financial product or service through print, newspaper, or electronic media. (C) Rule of construction A person that is a service provider shall be deemed to be a covered person to the extent that such person engages in the offering or provision of its own consumer financial product or service. (27) State The term ‘‘State’’ means any State, terri- tory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the North- ern Mariana Islands, Guam, American Samoa, or the United States Virgin Islands or any fed- erally recognized Indian tribe, as defined by the Secretary of the Interior under section 5131(a) of title 25. (28) Stored value (A) In general The term ‘‘stored value’’ means funds or monetary value represented in any elec- tronic format, whether or not specially encrypted, and stored or capable of storage on electronic media in such a way as to be retrievable and transferred electronically, and includes a prepaid debit card or product, or any other similar product, regardless of whether the amount of the funds or mone- tary value may be increased or reloaded. (B) Exclusion Notwithstanding subparagraph (A), the term ‘‘stored value’’ does not include a spe- cial purpose card or certificate, which shall be defined for purposes of this paragraph as funds or monetary value represented in any electronic format, whether or not specially encrypted, that is— (i) issued by a merchant, retailer, or other seller of nonfinancial goods or serv- ices; (ii) redeemable only for transactions with the merchant, retailer, or seller of nonfinancial goods or services or with an affiliate of such person, which affiliate itself is a merchant, retailer, or seller of nonfinancial goods or services; (iii) issued in a specified amount that, except in the case of a card or product used solely for telephone services, may not be increased or reloaded; (iv) purchased on a prepaid basis in ex- change for payment; and (v) honored upon presentation to such merchant, retailer, or seller of non- financial goods or services or an affiliate of such person, which affiliate itself is a merchant, retailer, or seller of non- financial goods or services, only for any nonfinancial goods or services. (29) Transmitting or exchanging funds The term ‘‘transmitting or exchanging funds’’ means receiving currency, monetary value, or payment instruments from a con- sumer for the purpose of exchanging or trans- mitting the same by any means, including transmission by wire, facsimile, electronic transfer, courier, the Internet, or through bill payment services or through other businesses that facilitate third-party transfers within the United States or to or from the United States. (Pub. L. 111–203, title X, § 1002, July 21, 2010, 124 Stat. 1955.) Editorial Notes REFERENCES IN TEXT This title, where footnoted in text, is title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 1955, known as the Consumer Financial Protection Act of 2010, which en- acted this subchapter and enacted, amended, and re- pealed numerous other sections and notes in the Code. For complete classification of title X to the Code, see Short Title note set out under section 5301 of this title and Tables. Subtitle G, referred to in par. (12), is subtitle G (§§ 1071–1079A) of title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 2056. For complete classification of subtitle G to the Code, see Tables. Subtitle H, referred to in pars. (12) and (15)(B)(ii)(II), is subtitle H (§§ 1081–1100H) of title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 2080. For complete classification of subtitle H to the Code, see Tables. The Alternative Mortgage Transaction Parity Act of 1982, referred to in par. (12)(A), is title VIII of Pub. L. 97–320, Oct. 15, 1982, 96 Stat. 1545, which is classified generally to chapter 39 (§ 3801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3801 of this title and Tables. The Consumer Leasing Act of 1976, referred to in par. (12)(B), is Pub. L. 94–240, Mar. 23, 1976, 90 Stat. 257. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under sec- tion 1601 of Title 15, Commerce and Trade, and Tables. The Electronic Fund Transfer Act, referred to in par. (12)(C), is title IX of Pub. L. 90–321, as added by Pub. L. 95–630, title XX, § 2001, Nov. 10, 1978, 92 Stat. 3728, which is classified generally to subchapter VI (§ 1693 et seq.) of chapter 41 of Title 15, Commerce and Trade. For com- plete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 15 and Ta- bles. The Equal Credit Opportunity Act, referred to in par. (12)(D), is title VII of Pub. L. 90–321, as added by Pub. L. 93–495, title V, § 503, Oct. 28, 1974, 88 Stat. 1521, which is classified generally to subchapter IV (§ 1691 et seq.) of Page 1944 TITLE 12—BANKS AND BANKING § 5481 chapter 41 of Title 15, Commerce and Trade. For com- plete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 15 and Ta- bles. The Fair Credit Billing Act, referred to in par. (12)(E), is title III of Pub. L. 93–495, Oct. 28, 1974, 88 Stat. 1511, which enacted sections 1666 to 1666i and 1666j of Title 15, Commerce and Trade, amended sections 1601, 1602, 1610, 1631, 1632, and 1637 of Title 15, and enacted provisions set out as a note under section 1666 of Title 15. For complete classification of this Act to the Code, see Short Title of 1974 Amendment note set out under sec- tion 1601 of Title 15 and Tables. The Fair Credit Reporting Act, referred to in par. (12)(F), is title VI of Pub. L. 90–321, as added by Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1127, which is classified generally to subchapter III (§ 1681 et seq.) of chapter 41 of Title 15, Commerce and Trade. For com- plete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 15 and Ta- bles. The Homeowners Protection Act of 1998, referred to in par. (12)(G), is Pub. L. 105–216, July 29, 1998, 112 Stat. 897, which is classified principally to chapter 49 (§ 4901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 4901 of this title and Tables. The Fair Debt Collection Practices Act, referred to in par. (12)(H), is title VIII of Pub. L. 90–321, as added by Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 874, which is clas- sified generally to subchapter V (§ 1692 et seq.) of chap- ter 41 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 15 and Tables. The Home Mortgage Disclosure Act of 1975, referred to in par. (12)(K), is title III of Pub. L. 94–200, Dec. 31, 1975, 89 Stat. 1125, which is classified principally to chapter 29 (§ 2801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2801 of this title and Tables. The Home Ownership and Equity Protection Act of 1994, referred to in par. (12)(L), is subtitle B (§§ 151–158) of title I of Pub. L. 103–325, Sept. 23, 1994, 108 Stat. 2190, which enacted sections 1639 and 1648 of Title 15, Com- merce and Trade, amended sections 1602, 1604, 1610, 1640, 1641, and 1647 of Title 15, and enacted provisions set out as notes under sections 1601 and 1602 of Title 15. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under sec- tion 1601 of Title 15 and Tables. The Real Estate Settlement Procedures Act of 1974, referred to in par. (12)(M), is Pub. L. 93–533, Dec. 22, 1974, 88 Stat. 1724, which is classified principally to chapter 27 (§ 2601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of this title and Tables. The S.A.F.E. Mortgage Licensing Act of 2008, referred to in par. (12)(N), is title V of div. A of Pub. L. 110–289, July 30, 2008, 122 Stat. 2810, also known as the Secure and Fair Enforcement for Mortgage Licensing Act of 2008, which is classified generally to chapter 51 (§ 5101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 5101 of this title and Tables. The Truth in Lending Act, referred to in par. (12)(O), is title I of Pub. L. 90–321, May 29, 1968, 82 Stat. 146, which is classified generally to subchapter I (§ 1601 et seq.) of chapter 41 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 15 and Tables. The Truth in Savings Act, referred to in par. (12)(P), is subtitle F (§§ 261–274) of title II of Pub. L. 102–242, Dec. 19, 1991, 105 Stat. 2334, which is classified generally to chapter 44 (§ 4301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4301 of this title and Tables. Section 626 of the Omnibus Appropriations Act, 2009, referred to in par. (12)(Q), is section 626 of div. D of Pub. L. 111–8. Subsecs. (a) and (b) of section 626 are classified to section 5538 of this title, and subsec. (c) of section 626 amended section 1639 of Title 15, Commerce and Trade. The Interstate Land Sales Full Disclosure Act, re- ferred to in par. (12)(R), is title XIV of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 590, which is classified generally to chapter 42 (§ 1701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 15 and Tables. Subtitle F, referred to in pars. (14) and (15)(B)(ii)(II), is subtitle F (§§ 1061–1067) of title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 2035, which is classified generally to part F (§ 5581 et seq.) of this subchapter. For com- plete classification of subtitle F to the Code, see Ta- bles. The Federal Trade Commission Act, referred to in par. (14), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For com- plete classification of this Act to the Code, see section 58 of Title 15 and Tables. The Commodity Exchange Act, referred to in par. (20), is act Sept. 21, 1922, ch. 369, 42 Stat. 998, which is classified generally to chapter 1 (§ 1 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1 of Title 7 and Tables. The Securities Exchange Act of 1934, referred to in par. (21)(A), (D) to (F), and (K), is act June 6, 1934, ch. 404, 48 Stat. 881, which is classified principally to chap- ter 2B (§ 78a et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 78a of Title 15 and Tables. The Investment Advisers Act of 1940, referred to in par. (21)(B), is title II of act Aug. 22, 1940, ch. 686, 54 Stat. 847, which is classified generally to subchapter II (§ 80b–1 et seq.) of chapter 2D of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 80b–20 of Title 15 and Tables. The Investment Company Act of 1940, referred to in par. (21)(C), is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, which is classified generally to subchapter I (§ 80a–1 et seq.) of chapter 2D of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 80a–51 of Title 15 and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as a note under section 5301 of this title. DESIGNATION AS ENUMERATED CONSUMER LAW UNDER THE PURVIEW OF THE BUREAU OF CONSUMER FINAN- CIAL PROTECTION Pub. L. 111–203, title XIV, § 1400(b), July 21, 2010, 124 Stat. 2136, provided that: ‘‘Subtitles A, B, C, and E [sub- titles A (§§ 1401–1406), B (§§ 1411–1422), C (§§ 1431–1433), and E (§§ 1461–1465) of title XIV of Pub. L. 111–203, enacting sections 1638a, 1639b to 1639d, 1639f, and 1639g of Title 15, Commerce and Trade, amending section 2605 of this title, sections 1602, 1607, 1638, 1639 to 1639d, and 1640 of Title 15, and enacting provisions set out as notes under sections 1601 and 1639b to 1639d of Title 15] and sections 1471 [enacting section 1639h of Title 15], 1472 [enacting section 1639e of Title 15 and amending section 1604 of Title 15], 1475 [amending section 2603 of this title], and 1476 [not classified to the Code], and the amendments made by such subtitles and sections, shall be enumer- ated consumer laws, as defined in section 1002 [12 U.S.C. 5481], and come under the purview of the Bureau of Con- sumer Financial Protection for purposes of title X [see Short Title note set out under section 5301 of this title], including the transfer of functions and personnel under subtitle F of title X [§§ 1061–1067, enacting part F of this subchapter] and the savings provisions of such subtitle.’’ Page 1945 TITLE 12—BANKS AND BANKING § 5492 1 See References in Text note below. PART A—BUREAU OF CONSUMER FINANCIAL PROTECTION § 5491. Establishment of the Bureau of Consumer Financial Protection (a) Bureau established There is established in the Federal Reserve System, an independent bureau to be known as the ‘‘Bureau of Consumer Financial Protec- tion’’, which shall regulate the offering and pro- vision of consumer financial products or services under the Federal consumer financial laws. The Bureau shall be considered an Executive agency, as defined in section 105 of title 5. Except as oth- erwise provided expressly by law, all Federal laws dealing with public or Federal contracts, property, works, officers, employees, budgets, or funds, including the provisions of chapters 5 and 7 of title 5, shall apply to the exercise of the powers of the Bureau. (b) Director and Deputy Director (1) In general There is established the position of the Di- rector, who shall serve as the head of the Bu- reau. (2) Appointment Subject to paragraph (3), the Director shall be appointed by the President, by and with the advice and consent of the Senate. (3) Qualification The President shall nominate the Director from among individuals who are citizens of the United States. (4) Compensation The Director shall be compensated at the rate prescribed for level II of the Executive Schedule under section 5313 of title 5. (5) Deputy Director There is established the position of Deputy Director, who shall— (A) be appointed by the Director; and (B) serve as acting Director in the absence or unavailability of the Director. (c) Term (1) In general The Director shall serve for a term of 5 years. (2) Expiration of term An individual may serve as Director after the expiration of the term for which ap- pointed, until a successor has been appointed and qualified. (3) Removal for cause The President may remove the Director for inefficiency, neglect of duty, or malfeasance in office. (d) Service restriction No Director or Deputy Director may hold any office, position, or employment in any Federal reserve bank, Federal home loan bank, covered person, or service provider during the period of service of such person as Director or Deputy Di- rector. (e) Offices The principal office of the Bureau shall be in the District of Columbia. The Director may es- tablish regional offices of the Bureau, including in cities in which the Federal reserve banks, or branches of such banks, are located, in order to carry out the responsibilities assigned to the Bureau under the Federal consumer financial laws. (Pub. L. 111–203, title X, § 1011, July 21, 2010, 124 Stat. 1964.) Editorial Notes CONSTITUTIONALITY For information regarding the constitutionality of provisions of subsection (c)(3) of this section, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Anno- tated website, constitution.congress.gov. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 111–203, title X, § 1020, formerly § 1018, July 21, 2010, 124 Stat. 1979, renumbered § 1020 by Pub. L. 117–263, div. E, title LVIII, § 5851(a)(1), Dec. 23, 2022, 136 Stat. 3433, provided that: ‘‘This subtitle [subtitle A (§§ 1011–1018), enacting this part and amending section 9702 of Title 20, Education] shall become effective on the date of enactment of this Act [July 21, 2010].’’ § 5492. Executive and administrative powers (a) Powers of the Bureau The Bureau is authorized to establish the gen- eral policies of the Bureau with respect to all executive and administrative functions, includ- ing— (1) the establishment of rules for conducting the general business of the Bureau, in a man- ner not inconsistent with this title; 1 (2) to bind the Bureau and enter into con- tracts; (3) directing the establishment and mainte- nance of divisions or other offices within the Bureau, in order to carry out the responsibil- ities under the Federal consumer financial laws, and to satisfy the requirements of other applicable law; (4) to coordinate and oversee the operation of all administrative, enforcement, and re- search activities of the Bureau; (5) to adopt and use a seal; (6) to determine the character of and the ne- cessity for the obligations and expenditures of the Bureau; (7) the appointment and supervision of per- sonnel employed by the Bureau; (8) the distribution of business among per- sonnel appointed and supervised by the Direc- tor and among administrative units of the Bu- reau; (9) the use and expenditure of funds; (10) implementing the Federal consumer fi- nancial laws through rules, orders, guidance, interpretations, statements of policy, exami- nations, and enforcement actions; and (11) performing such other functions as may be authorized or required by law. (b) Delegation of authority The Director of the Bureau may delegate to any duly authorized employee, representative, or agent any power vested in the Bureau by law.