Page:United States Statutes at Large Volume 105 Part 3.djvu/455

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAW 102-242—DEC. 19, 1991 105 STAT. 2339 (1) IN GENERAL.—The Board shall publish model forms and clauses for common disclosures to facilitate compliance with this Act. In devising such forms, the Board shall consider the use by depository institutions of data processing or similar automated machines. (2) USE OF FORMS AND CLAUSES DEEMED IN COMPLIANCE.— Nothing in this Act may be construed to require a depository institution to use any such model form or clause prescribed by the Board under this subsection. A depository institution shall be deemed to be in compliance with the disclosure provisions of this Act if the depository institution— (A) uses any appropriate model form or clause as published by the Board; or (B) uses any such model form or clause and changes it by- (i) deleting any information which is not required by this Act; or (ii) rearranging the format, if in making such deletion or rearranging the format, the depository institution does not affect the substance, clarity, or meaningful sequence of the disclosure. (3) PUBLIC NOTICE AND OPPORTUNITY FOR COMMENT.— Model disclosure forms and clauses shall be adopted by the Board after duly given notice in the Federal Register and an opportunity for public comment in accordance with section 553 of title 5, United States Code. SEC. 270. ADMINISTRATIVE ENFORCEMENT. (a) IN GENERAL.—Compliance with the requirements imposed under this Act shall be enforced under— (1) section 8 of the Federal Deposit Insurance Act— (A) by the appropriate Federal banking agency (as defined in section 3(q) of the Federal Deposit Insurance Act) in the case of insured depository institutions (as defined in section 3(c)(2) of such Act); (B) by the Federal Deposit Insurance Corporation in the case of depository institutions described in clause (i), (ii), or (iii) of section 19(b)(1)(A) of the Federal Reserve Act which are not insured depository institutions (as defined in section 3(c)(2) of the Federal Deposit Insurance Act); and (C) by the Director of the Office of Thrift Supervision in the case of depository institutions described in clause (v) and or (vi) of section 19(b)(1)(A) of the Federal Reserve Act which are not insured depository institutions (as defined in section 3(c)(2) of the Federal Deposit Insurance Act); and (2) the Federal Credit Union Act, by the National Credit Union Administration Board in the case of depository institutions described in clause (iv) of section 19(b)(1)(A) of the Federal Reserve Act. (b) ADDITIONAL ENFORCEMENT POWERS.^ (1) VIOLATION OF THIS ACT TREATED AS VIOLATION OF OTHER ACTS. —For purposes of the exercise by any agency referred to in subsection (a) of such agency's powers under any Act referred to in such subsection, a violation of a requirement imposed under this Act shall be deemed to be a violation of a requirement imposed under that Act. Federal Register, publication. 12 USC 4309.