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H. Rept. 115-538 1 (2018-01-30)

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                   115TH CONGRESS                                    REPORT
                     2d Session    HOUSE  OF REPRESENTATIVES         115-538





                     PROTECTING CONSUMERS' ACCESS TO CREDIT ACT OF
                                               2017


                   JANUARY 30, 2018.-Committed to the Committee of the Whole House on the State
                                   of the Union and ordered to be printed


                      Mr. HENSARLING, from the Committee on Financial Services,
                                      submitted the following


                                         REPORT

                                           together with

                                        MINORITY   VIEWS

                                        [To accompany H.R. 3299]

                            [Including cost estimate of the Congressional Budget Office]
                    The  Committee on Financial Services, to whom was referred the
                  bill (H.R. 3299) to amend the Revised Statutes, the Home Owners'
                  Loan  Act, the Federal Credit Union Act, and the Federal Deposit
                  Insurance Act to require the rate of interest on certain loans re-
                  main  unchanged after transfer of the loan, and for other purposes,
                  having  considered the same,  report favorably thereon without
                  amendment   and recommend  that the bill do pass.
                                      PURPOSE  AND SUMMARY
                    Introduced on July 19, 2017 by Representative Patrick McHenry,
                  H.R.  3299, the Protecting Consumers' Access to Credit Act of
                  2017  clarifies several laws to ensure that bank loans that are
                  valid as to their maximum rate of interest in accordance with fed-
                  eral law when  made  shall remain valid with respect to that rate
                  regardless of whether a bank has subsequently sold or assigned the
                  loan to a third party.
                              BACKGROUND   AND NEED  FOR LEGISLATION
                    The  2015 Second Circuit Court of Appeals' opinion in Madden v.
                  Midland  Funding, LLC,  (786 F.3d 246 (2015)) held that while the
                  National Bank  Act (NBA)  allowed a federally chartered bank to
                      79-006

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