S. 3889

119 S3889 IS: American Lending Fairness Act of 2026
 U.S. Senate
 2026-02-12
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 EN
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 II  119th CONGRESS  2d Session  S. 3889  IN THE SENATE OF THE UNITED STATES   February 12, 2026   Mr. Moreno  introduced the following bill; which was read twice and referred to the  Committee on Banking, Housing, and Urban Affairs    A BILL
To restore and clarify the intent of the Federal interest rate exportation parity for State-chartered banks by allowing States to opt out of preemption only with respect to loans made by their own chartered institutions, and for other purposes.
1.
Short title
This Act may be cited as the   American Lending Fairness Act of 2026  .
2.
Interest rate applicable to out-of-State chartered financial institutions
(a)
Insured depository institutions
Section 27 of the Federal Deposit Insurance Act ( 12 U.S.C. 1831d ) is amended by adding at the end the following:
(c)
If a State adopts a law or certifies that the voters of the State have voted in favor of any provision, constitutional or otherwise, that states explicitly and by its terms that the State does not want this subsection to apply with respect to loans made by institutions chartered by that State, subsection (a) shall not apply to loans made by (or for which a commitment to make such loan was entered into by) such institutions after the date on which that law is adopted or such certification is made.
 .
(b)
Insured credit unions
Section 205(g) of the Federal Credit Union Act ( 12 U.S.C. 1785(g) )  is amended  by adding at the end the following:
(3)
If a State adopts a law or certifies that the voters of the State have voted in favor of any provision, constitutional or otherwise, that states explicitly and by its terms that the State does not want this subsection to apply with respect to loans made by institutions chartered by that State, paragraph (1) shall not apply to loans made by (or for which a commitment to make such loan was entered into by) such institutions after the date on which that law is adopted or such certification is made.
  .
(c)
Repeal
(1)
In general
Section 525 of the Depository Institutions Deregulation and Monetary Control Act of 1980 ( 12 U.S.C. 1730g  note) is hereby repealed.
(2)
Application
The amendments made by subsections (a) and (b) shall apply with respect to, and govern the legal effect of, any State law adopted or certification made pursuant to section 525 of the Depository Institutions Deregulation and Monetary Control Act of 1980 ( 12 U.S.C. 1730g  note) before the date of enactment of this Act.