American Lending Fairness Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7866 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 7866

    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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 2026

Mr. Davidson (for himself and Mr. Barr) introduced the following bill;
       which was referred to the Committee on Financial Services

_______________________________________________________________________

                                 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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