[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3889 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 3889

    To restore and clarify the intent of the Federal interest rate 
exportation parity for State-chartered banks by allowing States to opt 
    out of preemption only with respect to loans made by their own 
            chartered institutions, and for other purposes.


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                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2026

  Mr. Moreno introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

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                                 A BILL


 
    To restore and clarify the intent of the Federal interest rate 
exportation parity for State-chartered banks by allowing States to opt 
    out of preemption only with respect to loans made by their own 
            chartered institutions, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Lending Fairness Act of 
2026''.

SEC. 2. INTEREST RATE APPLICABLE TO OUT-OF-STATE CHARTERED FINANCIAL 
              INSTITUTIONS.

    (a) Insured Depository Institutions.--Section 27 of the Federal 
Deposit Insurance Act (12 U.S.C. 1831d) is amended by adding at the end 
the following:
    ``(c) If a State adopts a law or certifies that the voters of the 
State have voted in favor of any provision, constitutional or 
otherwise, that states explicitly and by its terms that the State does 
not want this subsection to apply with respect to loans made by 
institutions chartered by that State, subsection (a) shall not apply to 
loans made by (or for which a commitment to make such loan was entered 
into by) such institutions after the date on which that law is adopted 
or such certification is made.''.
    (b) Insured Credit Unions.--Section 205(g) of the Federal Credit 
Union Act (12 U.S.C. 1785(g)) ``is amended'' by adding at the end the 
following:
    ``(3) If a State adopts a law or certifies that the voters of the 
State have voted in favor of any provision, constitutional or 
otherwise, that states explicitly and by its terms that the State does 
not want this subsection to apply with respect to loans made by 
institutions chartered by that State, paragraph (1) shall not apply to 
loans made by (or for which a commitment to make such loan was entered 
into by) such institutions after the date on which that law is adopted 
or such certification is made.''.
    (c) Repeal.--
            (1) In general.--Section 525 of the Depository Institutions 
        Deregulation and Monetary Control Act of 1980 (12 U.S.C. 1730g 
        note) is hereby repealed.
            (2) Application.--The amendments made by subsections (a) 
        and (b) shall apply with respect to, and govern the legal 
        effect of, any State law adopted or certification made pursuant 
        to section 525 of the Depository Institutions Deregulation and 
        Monetary Control Act of 1980 (12 U.S.C. 1730g note) before the 
        date of enactment of this Act.
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