S.Amdt. 4439

SA 4439. Mrs. LINCOLN submitted an amendment intended to be proposed
to

[[Page S2644]]

amendment SA 4387 submitted by Mr. Dodd (for himself and Mr. Shelby) to
the bill H.R. 3221, moving the United States toward greater energy
independence and security, developing innovative new technologies,
reducing carbon emissions, creating green jobs, protecting consumers,
increasing clean renewable energy production, and modernizing our
energy infrastructure, and to amend the Internal Revenue Code of 1986
to provide tax incentives for the production of renewable energy and
energy conservation; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. CLARIFICATION OF SCOPE OF APPLICABLE RATE PROVISION.

Section 44(f) of the Federal Deposit Insurance Act (12
U.S.C. 1831u(f)) is amended by adding at the end the
following new paragraphs:
``(3) Other lenders.--In the case of any other lender doing
business in the State described in paragraph (1), the maximum
interest rate or amount of interest, discount points, finance
charges, or other similar charges that may be charged, taken,
received, or reserved from time to time in any loan,
discount, or credit sale made, or upon any note, bill of
exchange, financing transaction, or other evidence of debt
issued to or acquired by any other lender shall be equal to
not more than the greater of the rates described in
subparagraph (A) or (B) of paragraph (1).
``(4) Other lender defined.--For purposes of paragraph (3),
the term `other lender' means any person engaged in the
business of selling or financing the sale of personal
property (and any servicers incidental to the sale of
personal property) in such State, except that, with regard to
any person or entity described in such paragraph, such term
does not include--
``(A) an insured depository institution; or
``(B) any person or entity engaged in the business of
providing a short-term case advance to any consumer in
exchange for--
``(i) a consumer's personal check or share draft, in the
amount of the advance plus a fee, where presentment or
negotiation of such check or share draft is deferred by
agreement of the parties until a designated future date; or
``(ii) a consumer authorization to debit the consumer's
transaction account, in the amount of the advance plus a fee,
where such account will be debited on or after a designated
future date.''.
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