(a) (1) Compliance with the requirements
of this part shall be enforced under-
(i) Section 8 of the
Federal Deposit Insurance Act, by the appropriate Federal banking
agency, as defined in section 3(q) of the Federal Deposit Insurance
Act (12 U.S.C. 1813(q)), with respect to-
(A) National banks, federal
savings associations, and federal branches and federal agencies of
foreign banks;
(B) Member
banks of the Federal Reserve System (other than national banks), branches
and agencies of foreign banks (other than federal branches, federal
Agencies, and insured state branches of foreign banks), commercial
lending companies owned or controlled by foreign banks, and organizations
operating under section 25 or 25A of the Federal Reserve Act;
(C) Banks and state savings associations
insured by the Federal Deposit Insurance Corporation (other than members
of the Federal Reserve System), and insured state branches of foreign
banks;
(ii) The Federal Credit Union Act (12 U.S.C. 1751 et seq.),
by the Administrator of the National Credit Union Administration (National
Credit Union Administration Board) with respect to any federal credit
union;
(iii) The
Federal Aviation Act of 1958 (49 U.S.C. 40101 et seq.), by the Secretary
of Transportation, with respect to any air carrier or foreign air
carrier subject to that Act; and
(iv) The Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.), by the Securities and Exchange
Commission, with respect to any broker or dealer subject to that Act.
(2) The terms
used in paragraph (a)(1) of this section that are not defined in this
part or otherwise defined in section 3(s) of the Federal Deposit Insurance
Act (12 U.S.C. 1813(s)) shall have the meaning given to them in section
1(b) of the International Banking Act of 1978 (12 U.S.C. 3101).
(b) Additional
powers.
(1) For the purpose of the exercise by
any agency referred to in paragraphs (a)(1)(i) through (a)(1)(iv)
of this section of its power under any statute referred to in those
paragraphs, a violation of this part is deemed to be a violation of
a requirement imposed under that statute.
(2) In addition to its powers under any
provision of law specifically referred to in paragraphs (a)(1)(i)
through (a)(1)(iv) of this section, each of the agencies referred
to in those paragraphs may exercise, for the purpose of enforcing
compliance under this part, any other authority conferred on it by
law.
(c) Enforcement authority of Federal Trade Commission. Except to the extent that enforcement of the requirements imposed
under this title is specifically granted to another government agency
under paragraphs (a)(1)(i) through (a)(1)(iv) of this section, and
subject to subtitle B of the Consumer Financial Protection Act of
2010, the Federal Trade Commission has the authority to enforce such
requirements. For the purpose of the exercise by the Federal Trade
Commission of its functions and powers under the Federal Trade Commission
Act, a violation of this part shall be deemed a violation of a requirement
imposed under the Federal Trade Commission Act. All of the functions
and powers of the Federal Trade Commission under the Federal Trade
Commission Act are available to the Federal Trade Commission to enforce
compliance by any person subject to the jurisdiction of the Federal
Trade Commission with the requirements of this part, regardless of
whether that person is engaged in commerce or meets any other jurisdictional
tests under the Federal Trade Commission Act.
