Page:United States Statutes at Large Volume 123.djvu/1784

 123STA T . 1 764PUBLIC LA W 111 – 24 —M A Y 22, 2 0 0 9‘ ‘ Suchr u lemakings hall rela t et o un f air or d ece p ti v e acts or practices regarding mortgage loans ,w hich ma y include unfair or deceptive acts or practices involving loan modifica - tion and foreclosure rescue services .’ ’ and (C)b y adding at the end the following ‘‘( 2 ) P aragraph ( 1 ) shall not be construed to authori z e the F ederal T rade Commission to promulgate a rule with respect to an entity that is not sub j ect to enforcement of the Federal Trade Commission A ct (1 5U .S.C. 4 1etse q .) by the Commis- sion. ‘‘( 3 ) B efore issuing a final rule pursuant to the proceeding initiated under paragraph (1), the Federal Trade Commission shall consult with the Federal R eserve Board concerning any portion of the proposed rule applicable to acts or practices to which the provisions of the Truth in L ending Act (15 U.S.C. 1 60 1 et seq.) may apply. ‘‘(4) The Federal Trade Commission shall enforce the rules issued under paragraph (1) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made part of this section.’’; and (2) in subsection (b) — (A) by striking so much as precedes paragraph (2) and inserting the following: ‘‘(b)(1) Ex cept as provided in paragraph (6), in any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person subject to a rule prescribed under subsection (a) in a practice that violates such rule, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States or other court of competent jurisdiction— ‘‘(A) to enjoin that practice; ‘‘(B) to enforce compliance with the rule; ‘‘(C) to obtain damages, restitution, or other compensation on behalf of residents of the State; or ‘‘( D ) to obtain penalties and relief provided by the Federal Trade Commission Act and such other relief as the court con- siders appropriate.’’; and (B) in paragraphs (2), (3), and (6), by striking ‘‘Commis- sion’’ each place it appears and inserting ‘‘primary Federal regulator’’. (b) E F F ECTIV ED A TE.—The amendments made by subsection (a) shall take effect on M arch 12, 200 9 . SEC.512 . PROT ECT INGAM ERICANS F ROM V IO L ENT CRIME. (a) C ONGR E S SIONA L FIN D INGS.—Congress finds the following: (1) The Second Amendment to the Constitution provides that ‘‘the right of the people to keep and bear Arms, shall not be infringed’’. (2) Section 2.4(a)(1) of title 36, Code of Federal Regulations, provides that ‘‘except as otherwise provided in this section and parts 7 (special regulations) and 13 (Alaska regulations), the following are prohibited: (i) Possessing a weapon, trap or net (ii) Carrying a weapon, trap or net (iii) Using a weapon, trap or net’’. 16USC 1 a–7b. 1 5 USC 16 38note . Con sul tat i on.