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Gramm–Leach–Bliley Act

The Gramm–Leach–Bliley Act (GLBA), also known as the Financial Services Modernization Act of 1999, (Pub. L.Tooltip Public Law (United States) 106–102 (text) (PDF), 113 Stat. 1338, enacted November 12, 1999) is an act of the 106th United States Congress (1999–2001). It repealed part of the Glass–Steagall Act of 1933, removing barriers in the market among banking companies, securities companies, and insurance companies that prohibited any one institution from acting as any combination of an investment bank, a commercial bank, and an insurance company. With the passage of the GrammLeachBliley Act, commercial banks, investment banks, securities firms, and insurance companies were allowed to consolidate. Furthermore, it failed to give to the SEC or any other financial regulatory agency the authority to regulate large investment bank holding companies.[1] The legislation was signed into law by President Bill Clinton.[2]

Gramm–Leach–Bliley Act
Other short titles
  • Federal Home Loan Bank System Modernization Act of 1999
  • Financial Services Modernization Act of 1999
  • Prime Act
  • Program for Investment in Microentrepreneurs Act of 1999
Long titleAn Act to enhance competition in the financial services industry by providing a prudential framework for the affiliation of banks, securities firms, and other financial service providers, and for other purposes.
Acronyms (colloquial)GLBA
Nicknamesglibba, ATM Fee Reform Act of 1999
Enacted bythe 106th United States Congress
EffectiveNovember 12, 1999
Citations
Public lawPub. L.Tooltip Public Law (United States) 106–102 (text) (PDF)
Statutes at Large113 Stat. 1338
Codification
Acts repealedGlass–Steagall Act
Titles amended
U.S.C. sections created12 U.S.C. § 24a, § 248b, § 1831v, § 1831w, § 1831x, § 1831y, § 1848a, § 2908
15 U.S.C. § 80b-10a, 15 U.S.C. § 6801-6809, 15 U.S.C. § 6821-6827
U.S.C. sections amended12 U.S.C. § 78, § 377
15 U.S.C. § 80
Legislative history
  • Introduced in the Senate as S. 900 by Phil Gramm (R-TX) on April 28, 1999
  • Committee consideration by Committee on Banking, Housing, and Urban Affairs
  • Passed the Senate on May 6, 1999 (54–44)
  • Passed the House as the Financial Services Act of 1999 on July 1, 1999 (343–86)
  • Reported by the joint conference committee on November 2, 1999; agreed to by the Senate on November 4, 1999 (90–8) and by the House on November 4, 1999 (362–57)
  • Signed into law by President Bill Clinton on November 12, 1999
United States Supreme Court cases
  • Watters v. Wachovia Bank, NA, 550 U.S. 1 (2007)

A year before the law was passed, Citicorp, a commercial bank holding company, merged with the insurance company Travelers Group in 1998 to form the conglomerate Citigroup, a corporation combining banking, securities and insurance services under a house of brands that included Citibank, Smith Barney, Primerica, and Travelers. Because this merger was a violation of the Glass–Steagall Act and the Bank Holding Company Act of 1956, the Federal Reserve gave Citigroup a temporary waiver in September 1998.[3] Less than a year later, GLBA was passed to legalize these types of mergers on a permanent basis. The law also repealed Glass–Steagall's conflict of interest prohibitions "against simultaneous service by any officer, director, or employee of a securities firm as an officer, director, or employee of any member bank."[4]

Legislative history edit

The banking industry had been seeking the repeal of the 1933 Glass–Steagall Act since the 1980s, if not earlier.[5][6] In 1987 the Congressional Research Service prepared a report that explored the cases for and against preserving the Glass–Steagall Act.[7]

 
Sen. Phil Gramm (R, Texas), Rep. Jim Leach (R, Iowa), and Rep. Thomas J. Bliley, Jr. (R, Virginia), the co-sponsors of the Gramm–Leach–Bliley Act

Respective versions of the Financial Services Act were introduced in the U.S. Senate by Phil Gramm (Republican of Texas) and in the U.S. House of Representatives by Jim Leach (R-Iowa). The third lawmaker associated with the bill was Rep. Thomas J. Bliley, Jr. (R-Virginia), Chairman of the House Commerce Committee from 1995 to 2001.

During debate in the House of Representatives, Rep. John Dingell (Democrat of Michigan) argued that the bill would result in banks becoming "too big to fail." Dingell further argued that this would necessarily result in a bailout by the Federal Government.[8] The House passed its version of the Financial Services Act of 1999 on July 1, 1999, by a bipartisan vote of 343–86 (Republicans 205–16; Democrats 138–69; Independent 0–1),[9][10][note 1] two months after the Senate had already passed its version of the bill on May 6 by a much narrower 54–44 vote along basically partisan lines (53 Republicans and 1 Democrat in favor; 44 Democrats opposed).[12][13][14][note 2]

 
Final Congressional vote by chamber and party, November 4, 1999

When the two chambers could not agree on a joint version of the bill, the House voted on July 30 by a vote of 241–132 (R 58–131; D 182–1; Ind. 1–0) to instruct its negotiators to work for a law which ensured that consumers enjoyed medical and financial privacy as well as "robust competition and equal and non-discriminatory access to financial services and economic opportunities in their communities" (i.e., protection against exclusionary redlining).[note 3]

The bill then moved to a joint conference committee to work out the differences between the Senate and House versions. Democrats agreed to support the bill after Republicans agreed to strengthen provisions of the anti-redlining Community Reinvestment Act and address certain privacy concerns; the conference committee then finished its work by the beginning of November.[16][17] On November 4, the final bill resolving the differences was passed by the Senate 90–8,[18][note 4] and by the House 362–57.[19][note 5] The legislation was signed into law by President Bill Clinton on November 12, 1999.[20]

Changes caused by the Act edit

Many of the largest banks, brokerages, and insurance companies desired the Act at the time. The justification was that individuals usually put more money into investments when the economy is doing well, but they put most of their money into savings accounts when the economy turns bad. With the new Act, they would be able to do both 'savings' and 'investment' at the same financial institution, which would be able to do well in both good and bad economic times.

Prior to the Act, most financial services companies were already offering both saving and investment opportunities to their customers. On the retail/consumer side, a bank called Norwest Corporation, which would later merge with Wells Fargo Bank, led the charge in offering all types of financial services products in 1986. American Express attempted to own participants in almost every field of financial business (although there was little synergy among them). Things culminated in 1998 when Citibank merged with The Travelers Companies, creating Citigroup. The merger violated the Bank Holding Company Act (BHCA), but Citibank was given a two-year forbearance that was based on an assumption that they would be able to force a change in the law. The Gramm–Leach–Bliley Act passed in November 1999, repealing portions of the BHCA and the Glass–Steagall Act, allowing banks, brokerages, and insurance companies to merge, thus making the CitiCorp/Travelers Group merger legal.

Also prior to the passage of the Act, there were many relaxations to the Glass–Steagall Act. For example, a few years earlier, commercial Banks were allowed to pursue investment banking, and before that banks were also allowed to begin stock and insurance brokerage. Insurance underwriting was the only main operation they weren't allowed to do, something rarely done by banks even after the passage of the Act. The Act further enacted three provisions that allow for bank holding companies to engage in physical commodity activities. Prior to the enactment of the Act those activities were limited to those that were so closely related to banking to be considered incidental to it. Under GLBA depending on the provision the institution falls into, bank holding companies can engage in physical commodity trading, energy tolling, energy management services, and merchant banking activities.[21]

Much consolidation occurred in the financial services industry since, but not at the scale some had expected. Retail banks, for example, do not tend to buy insurance underwriters, as they seek to engage in a more profitable business of insurance brokerage by selling products of other insurance companies. Other retail banks were slow to market investments and insurance products and package those products in a convincing way. Brokerage companies had a hard time getting into banking, because they do not have a large branch and backshop footprint. Banks have recently tended to buy other banks, such as the 2004 Bank of America and Fleet Boston merger, yet they have had less success integrating with investment and insurance companies. Many banks have expanded into investment banking, but have found it hard to package it with their banking services, without resorting to questionable tie-ins which caused scandals at Smith Barney.

Remaining restrictions edit

Crucial to the passing of this Act was an amendment made to the GLBA, stating that no merger may go ahead if any of the financial holding institutions, or affiliates thereof, received a "less than satisfactory [sic] rating at its most recent CRA exam", essentially meaning that any merger may only go ahead with the strict approval of the regulatory bodies responsible for the Community Reinvestment Act (CRA).[22] This was an issue of hot contention, and the Clinton Administration stressed that it "would veto any legislation that would scale back minority-lending requirements."[23]

GLBA also did not remove the restrictions on banks placed by the Bank Holding Company Act of 1956 which prevented financial institutions from owning non-financial corporations. It conversely prohibits corporations outside of the banking or finance industry from entering retail and/or commercial banking. Many assume Wal-Mart's desire to convert its industrial bank to a commercial/retail bank ultimately drove the banking industry to back the GLBA restrictions.

Some restrictions remain to provide some amount of separation between the investment and commercial banking operations of a company. For example, licensed bankers must have separate business cards, e.g., "Personal Banker, Wells Fargo Bank" and "Investment Consultant, Wells Fargo Private Client Services". Much of the debate about financial privacy is specifically centered around allowing or preventing the banking, brokerage, and insurances divisions of a company from working together.

In terms of compliance, the key rules under the Act include The Financial Privacy Rule which governs the collection and disclosure of customers' personal financial information by financial institutions. It also applies to companies, regardless of whether they are financial institutions, that receive such information. The Safeguards Rule requires all financial institutions to design, implement and maintain safeguards to protect customer information. The Safeguards Rule applies not only to financial institutions that collect information from their own customers, but also to financial institutions – such as credit reporting agencies, appraisers, and mortgage brokers – that receive customer information from other financial institutions.

Privacy edit

  • GLBA compliance is mandatory; whether a financial institution discloses nonpublic information or not, there must be a policy in place to protect the information from foreseeable threats in security and data integrity.
  • Major components put into place to govern the collection, disclosure, and protection of consumers' nonpublic personal information; or personally identifiable information include:

Financial Privacy Rule edit

(Subtitle A: Disclosure of Nonpublic Personal Information, codified at 15 U.S.C. §§ 6801–6809)

The Financial Privacy Rule requires financial institutions to provide each consumer with a privacy notice at the time the consumer relationship is established and annually thereafter. The privacy notice must explain the information collected about the consumer, where that information is shared, how that information is used, and how that information is protected. The notice must also identify the consumer's right to opt out of the information being shared with unaffiliated parties pursuant to the provisions of the Fair Credit Reporting Act. Should the privacy policy change at any point in time, the consumer must be notified again for acceptance. Each time the privacy notice is reestablished, the consumer has the right to opt out again. The unaffiliated parties receiving the nonpublic information are held to the acceptance terms of the consumer under the original relationship agreement. In summary, the financial privacy rule provides for a privacy policy agreement between the company and the consumer pertaining to the protection of the consumer's personal nonpublic information.

On November 17, 2009, eight federal regulatory agencies released the final version of a model privacy notice form to make it easier for consumers to understand how financial institutions collect and share information about consumers.

Financial institutions edit

GLBA defines financial institutions as: "companies that offer financial products or services to individuals, like loans, financial or investment advice, or insurance". The Federal Trade Commission (FTC) has jurisdiction over financial institutions similar to, and including, these:

  • Non-bank mortgage lenders,
  • Real estate appraisers,
  • Loan brokers,
  • Some financial or investment advisers,
  • Debt collectors,
  • Tax return preparers,
  • Banks, and
  • Real estate settlement service providers.

These companies must also be considered significantly engaged in the financial service or production that defines them as a "financial institution".

Insurance has jurisdiction first by the state, provided the state law at minimum complies with the GLB. State law can require greater compliance, but not less than what is otherwise required by the GLB.

Consumer vs. customer defined edit

The Gramm–Leach–Bliley Act defines a "consumer" as

"an individual who obtains, from a financial institution, financial products or services which are to be used primarily for personal, family, or household purposes, and also means the legal representative of such an individual." (See 15 U.S.C. § 6809(9).)

A customer is a consumer that has developed a relationship with privacy rights protected under the GLB. A customer is not someone using an automated teller machine (ATM) or having a check cashed at a cash advance business. These are not ongoing relationships like a customer might have—i.e., a mortgage loan, tax advising, or credit financing. A business is not an individual with personal nonpublic information, so a business cannot be a customer under the GLB. A business, however, may be liable for compliance to the GLB depending upon the type of business and the activities utilizing individual's personal nonpublic information.

Definition: A "consumer" is an individual who obtains or has obtained a financial product or service from a financial institution that is to be used primarily for personal, family, or household purposes, or that individual's legal representative.

Examples of consumer relationships:

  • Applying for a loan
  • Obtaining cash from a foreign ATM, even if it occurs on a regular basis
  • Cashing a check with a check-cashing company
  • Arranging for a wire transfer[24]

Definition: A "customer" is a consumer who has a "customer relationship" with a financial institution. A "customer relationship" is a continuing relationship with a consumer.

Examples of establishing a customer relationship:

  • Opening a credit card account with a financial institution
  • Entering into an automobile lease (on a non-operating basis for an initial lease term of at least 90 days) with an automobile dealer
  • Providing personally identifiable financial information to a broker in order to obtain a mortgage loan
  • Obtaining a loan from a mortgage lender
  • Agreeing to obtain tax preparation or credit counseling services

"Special Rule" for Loans: The customer relationship travels with ownership of the servicing rights.[24]

Consumer/client privacy rights edit

Under the GLB, financial institutions must provide their clients a privacy notice that explains what information the company gathers about the client, where this information is shared, and how the company safeguards that information. This privacy notice must be given to the client prior to entering into an agreement to do business. There are exceptions to this when the client accepts a delayed receipt of the notice in order to complete a transaction on a timely basis. This has been somewhat mitigated due to online acknowledgement agreements requiring the client to read or scroll through the notice and check a box to accept terms.

The privacy notice must also explain to the customer the opportunity to 'opt out'. Opting out means that the client can say "no" to allowing their information to be shared with nonaffiliated third parties. The Fair Credit Reporting Act is responsible for the 'opt-out' opportunity, but the privacy notice must inform the customer of this right under the GLB. The client cannot opt out of:

  • Information shared with those providing priority service to the financial institution
  • Marketing of products or services for the financial institution
  • When the information is deemed legally required.
  • When entering into a financial transaction, the institution providing said transaction must provide the customer a secure room with the ability to close in order to better protect the clients personal information.

Receipt of GLBA notices by consumers edit

¶ Service of notice requirements edit

Notice requirements may vary. In most cases, service of a GLBA notice is not necessary unless the entity serving the notice intends to "share" customer information, which the FTC defines as, "non-public personal information (NPI)", of customers required to be protected under GLBA.[25][26][27]

¶ Response to receipt of a GLBA notice edit

A consumer may react to service of a GLBA notice by:

  • Not responding
  • Indicating, on an acknowledgment form that notice was not provided (typically for in-person signed documents)
  • Responding according to format suggested in the GLBA Notice
  • Responding with a prepared letter (alone or in addition to the form)

Synergy between GLBA and GDPR edit

The European Union's General Data Protection Regulation (GDPR) became enforceable on 25 May 2018. As applies to consumers, the GDPR includes provision on scope of data collection, but also includes right of access, right to erasure, right to restriction of processing and right to data portability. Due to the multinational nature of some transactions, including data and internet transactions, and the possible implementation of corresponding regulations in some US states, it is likely that business and other entities will comply with the GDPR as well as US GLBA requirements.

Individualized requests for privacy under the GLBA are likely to include provisions guaranteed by the European Union's GDPR.

Safeguards Rule edit

(Subtitle A: Disclosure of Nonpublic Personal Information, codified at 15 U.S.C. §§ 6801–6809)

The Safeguards Rule implements data security requirements from the GLBA and requires financial institutions to develop a written information security plan that describes how the company is prepared for, and plans to continue to protect its clients' nonpublic personal information. The Safeguards Rule applies to information of any consumer's past or present regarding the financial institution's products or services. The written plan must include:[citation needed]

  • Denoting at least one employee to manage the safeguards
  • Constructing a thorough risk analysis on each department handling the nonpublic information
  • Develop, monitor, and test a program to secure the information
  • Adapting the safeguards as needed with contemporary changes in how information is collected, stored, and used

The Safeguards Rule forces financial institutions to take a closer look at how they manage private data and to do a risk analysis on their current processes. The Federal Register features approaches for risk assessments such as evaluating the likelihood of magnitudes of harm that result from threats and errors and safeguards are commensurate with the risks they address.[28] No process is perfect, so this has meant that every financial institution has had to make some effort to comply with the GLBA.

In December 2021, the Safeguards Rule was updated, amid some controversy,[29] by the FTC to include specific criteria requiring financial institutions to introduce new security controls and to increase the accountability of boards of directors,[30] with a six-month compliance extension, from January to June 2023, granted for some types of institutions in November 2022.[29]

Pretexting protection edit

(Subtitle B: Fraudulent Access to Financial Information, codified at 15 U.S.C. §§ 6821–6827)

Pretexting (sometimes referred to as "social engineering") occurs when someone tries to gain access to personal nonpublic information without proper authority to do so. This may entail requesting private information while impersonating the account holder, by telephone, by mail, by e-mail, or even by "phishing" (i.e., using a phony website or email to collect data). GLBA encourages the organizations covered by GLBA to implement safeguards against pretexting. For example, a well-written plan designed to meet GLB's Safeguards Rule ("develop, monitor, and test a program to secure the information") would likely include a section on training employees to recognize and deflect inquiries made under pretext. In fact, the evaluation of the effectiveness of such employee training probably should include a follow-up program of random spot checks, "outside the classroom", after completion of the [initial] employee training, in order to check on the resistance of a given (randomly chosen) student to various types of "social engineering"—perhaps even designed to focus attention on any new wrinkle that might have arisen after the [initial] effort to "develop" the curriculum for such employee training. Under United States law, pretexting by individuals is punishable as a common law crime of false pretenses.

Effect on usury law edit

Section 731 of the GLB, codified as subsection (f) of 12 U.S.C. § 1831u, contains a unique provision aimed at Arkansas, whose usury limit was set at five percent above the Federal Reserve discount rate by the Arkansas Constitution and could not be changed by the Arkansas General Assembly. When the Office of the Comptroller of the Currency ruled that interstate banks established under the Riegle–Neal Interstate Banking and Branching Efficiency Act of 1994 could use their home state's usury law for all branches nationwide with minimal restrictions,[31] Arkansas-based banks were placed at a severe competitive disadvantage to Arkansas branches of interstate banks; this led to out-of-state takeovers of several Arkansas banks, including the sale of First Commercial Bank (then Arkansas' largest bank) to Regions Financial Corporation in 1998.

Under Section 731, all banks headquartered in a state covered by that law may charge up to the highest usury limit of any state that is headquarters to an interstate bank which has branches in the covered state. Therefore, since Arkansas has branches of banks based in Alabama, Georgia, Mississippi, Missouri, North Carolina, Ohio, and Texas,[32] any loan that is legal under the usury laws of any of those states may be made by an Arkansas-based bank under Section 731. The section does not apply to interstate banks with branches in the covered state, but headquartered elsewhere; however, Arkansas-based interstate banks like Arvest Bank may export their Section 731 limits to other states.

Due to Section 731, it is generally regarded that Arkansas-based banks now have no usury limit for credit cards or for any loan of greater than $2,000 (since Alabama, Regions' home state, has no limits on those loans), with a limit of 18% (the minimum usury limit in Texas) or more on all other loans.[33] However, once Wells Fargo fully completed its purchase of Century Bank (a Texas bank with Arkansas branches), Section 731 did away with all usury limits for Arkansas-based banks since Wells Fargo's main bank charter is based in South Dakota, which repealed its usury laws many years ago.

Though designed for Arkansas, Section 731 may also apply to Alaska and California whose constitutions provide for the same basic usury limit, though unlike Arkansas their legislatures can (and generally do) set different limits. If Section 731 applies to those states, then all their usury limits are inapplicable to banks based in those states, since Wells Fargo has branches in both states.

Controversy edit

Criticisms edit

The act is often cited as a cause of the 2007 subprime mortgage financial crisis "even by some of its onetime supporters."[34] Former President Barack Obama has stated that GLBA led to deregulation that, among other things, allowed for the creation of giant financial supermarkets that could own investment banks, commercial banks and insurance firms, something banned since the Great Depression. Its passage, critics also say, cleared the way for companies that were too big and intertwined to fail.[35]

Economist Joseph Stiglitz has also argued that the Act increased risk-taking leading up to the crisis, stating "the culture of investment banks was conveyed to commercial banks and everyone got involved in the high-risk gambling mentality".[36] In an article in The Nation, Mark Sumner asserted that the Gramm–Leach–Bliley Act was responsible for the creation of entities that took on more risk due to their being considered "too big to fail".[37]

Defenses edit

According to a 2009 policy report from the Cato Institute authored by one of the institute's directors, Mark A. Calabria, critics of the legislation feared that, with the allowance for mergers between investment and commercial banks, GLBA allowed the newly-merged banks to take on riskier investments while at the same time removing any requirements to maintain enough equity, exposing the assets of its banking customers.[38][non-primary source needed] Calabria claimed that, prior to the passage of GLBA in 1999, investment banks were already capable of holding and trading the very financial assets claimed to be the cause of the mortgage crisis, and were also already able to keep their books as they had.[38] He concluded that greater access to investment capital as many investment banks went public on the market explains the shift in their holdings to trading portfolios.[38] Calabria noted that after GLBA passed, most investment banks did not merge with depository commercial banks, and that in fact, the few banks that did merge weathered the crisis better than those that did not.[38]

In February 2009, one of the act's co-authors, former Senator Phil Gramm, also defended his bill:

[I]f GLB was the problem, the crisis would have been expected to have originated in Europe where they never had Glass–Steagall requirements to begin with. Also, the financial firms that failed in this crisis, like Lehman, were the least diversified and the ones that survived, like J.P. Morgan, were the most diversified. Moreover, GLB did not deregulate anything. It established the Federal Reserve as a superregulator, overseeing all Financial Services Holding Companies. All activities of financial institutions continued to be regulated on a functional basis by the regulators that had regulated those activities prior to GLB.[39]

Bill Clinton, as well as economists Brad DeLong and Tyler Cowen have all argued that the Gramm–Leach–Bliley Act softened the impact of the crisis.[40][41] Atlantic Monthly columnist Megan McArdle has argued that if the act was "part of the problem, it would be the commercial banks, not the investment banks, that were in trouble" and repeal would not have helped the situation.[42] An article in the conservative publication National Review has made the same argument, calling allegations about the Act "folk economics."[43] A New York Times financial columnist and occasional critic of GLBA Andrew Ross Sorkin stated that he believes GLBA had little to do with the failed institutions.[44]

Amendments edit

Proposed edit

  • National Association of Registered Agents and Brokers Reform Act of 2013 (H.R. 1155; 113th Congress) (H.R. 1155) is a bill meant to reduce the regulatory costs of complying with multiple states' requirements for insurance companies, making it easier for the same company to operate in multiple states.[45] The bill would amend the Gramm–Leach–Bliley Act to repeal the contingent conditions under which the National Association of Registered Agents and Brokers (NARAB) shall not be established.[46] The bill would transform the National Association of Registered Agents and Brokers (NARAB) into a clearing house that set up its own standards that insurance companies would be required to meet in order to do business in other states.[45] In this new system, however, the insurance company would only have to meet the requirements of their home state and the NARAB (only two entities), not their home state and every other state they wished to operate in (multiple entities).[45] Proponents of the bill argued that it would help lower costs for insurance companies and make insurance cheaper for people to buy.

See also edit

Notes edit

  1. ^ Two Republicans and four Democrats did not vote.[11]
  2. ^ Sen. Fritz Hollings (D-S. Carolina) voted in favor, Sen. Peter Fitzgerald (R-Illinois) voted "present" and Sen. James Inhofe (R-Oklahoma) did not vote. A table with members' full names, sortable by vote, state, region and party, may be found at S.900 as amended: Gramm–Leach–Bliley Act, roll call 105, 106th Congress, 1st session. Votes Database at The Washington Post. Retrieved on 2008-10-09 from "S 900 | U.S. Congress Votes Database - the Washington PostThe Washington Post". from the original on 2011-06-13. Retrieved 2008-10-09..
  3. ^ Independent Rep. Bernie Sanders of Vermont voted yes; 33 Republicans and 28 Democrats did not vote.[15]
  4. ^ 52 Republicans and 38 Democrats voted for the bill. Sen. Richard Shelby of Alabama (Republican, formerly a Democrat) voted against it, as did 7 Democratic Senators: Barbara Boxer (Calif.), Richard Bryan (Nevada), Byron Dorgan (N. Dakota), Russell Feingold (Wisc.), Tom Harkin (Iowa), Barbara Mikulski (Maryland) and Paul Wellstone (Minn.) Sen. Peter Fitzgerald (R-Illinois) again voted "present", while Sen. John McCain (R-Arizona) did not vote.
  5. ^ Republicans voted 207–5 in favor with 10 not voting. Democrats voted 155–51 in favor, with 5 not voting. Independent Rep. Bernie Sanders of Vermont voted no.

References edit

  1. ^ Chairman Cox (September 26, 2008). "Chairman Cox Announces End of Consolidated Supervised Entities Program" (Press release). SEC. from the original on 3 September 2014. Retrieved 14 March 2014.
  2. ^ Peters, Gerhard; Woolley, John T. "William J. Clinton: "Statement on Signing the Gramm–Leach–Bliley Act," November 12, 1999". The American Presidency Project. University of California – Santa Barbara. from the original on February 7, 2016.
  3. ^ Broome, Lissa Lamkin; Markham, Jerry W. (2001). (PDF). Archived from the original (PDF) on 2012-02-17.
  4. ^ "Bill Summary & Status 106th Congress (1999–2000) S.900 CRS Summary – Thomas (Library of Congress)". from the original on 2013-08-12. Retrieved 2011-02-08.
  5. ^ Shanny Basar (November 9, 2012). "John Reed, Vikram Pandit Re-Consider Glass-Steagall 10 Years". Wall Street Journal. from the original on March 15, 2016.
  6. ^ Corinne Crawford; Borough of Manhattan Community College (January 2011). "The Repeal Of The Glass- Steagall Act And The Current Financial Crisis" (PDF). Journal of Business & Economics Research. pp. 127–133. (PDF) from the original on 2014-06-11.
  7. ^ IB87061: Glass-Steagall Act: Commercial vs. Investment Banking 2010-01-13 at the Wayback Machine, Congressional Research Service (CRS)
  8. ^ John Dingell (Nov 4, 1999). House Session (Flash) (Television production). Washington, DC: C-SPAN. Event occurs at 03:02:11. Program ID 153391-1.
  9. ^ H.R.10: Financial Services Act of 1999, EH 2014-09-25 at the Wayback Machine, July 1, 1999, Engrossed as Agreed to or Passed by House, Library of Congress
  10. ^ Consideration of H.R.10: Financial Services Act of 1999 2008-11-28 at the Wayback Machine, All Congressional Actions & Reports of H.R.10, Congressional Record
  11. ^ Congressional roll-call: H.R.10 as amended: Financial Services Act of 1999, Record Vote No: 276 2008-09-17 at the Wayback Machine, July 1, 1999, Clerk of the United States House of Representatives
  12. ^ S.900: Financial Services Modernization Act of 1999, ES 2008-11-28 at the Wayback Machine, May 6, 1999, Engrossed as Agreed to or Passed by Senate, Library of Congress
  13. ^ Consideration of S.900: Financial Services Modernization Act of 1999 2016-07-04 at the Wayback Machine, All Congressional Actions & Reports of S.900, Congressional Record
  14. ^ Congressional roll-call at S.900 as amended: Financial Services Modernization Act of 1999, Record Vote No: 105 2017-07-08 at the Wayback Machine, May 6, 1999, U.S. Senate Roll Call Votes.
  15. ^ Congressional roll-call: On Motion to Instruct Conferees – S.900: Financial Services Modernization Act of 1999, Record Vote No: 355 Archived 2009-04-20 at Wikiwix, July 30, 1999, Clerk of the U.S. House. Sortable unofficial table: On Motion to Instruct Conferees, Financial Services Modernization Act, roll call 355, 106th Congress, 1st session 2008-07-24 at the Wayback Machine, Votes Database at The Washington Post, retrieved on October 12, 2008.
  16. ^ , Washington Post, October 13, 1999, p.E03
  17. ^ , Cincotta, National Housing Institute, 1999
  18. ^ Congressional roll-call: S.900 as reported by conferees: Financial Services Act of 1999, Record Vote No: 354 2018-02-15 at the Wayback Machine, November 4, 1999, Clerk of the Senate. Sortable unofficial table: On Agreeing to the Conference Report, S.900 Gramm–Bliley–Leach Act, roll call 354, 106th Congress, 1st session 2015-08-03 at the Wayback Machine Votes Database at The Washington Post, retrieved on October 9, 2008
  19. ^ Congressional roll-call: On the passage of S.900: Financial Services Act of 1999, Record Vote No: 570 Archived 2012-08-11 at Wikiwix, November 4, 1999, Clerk of the U.S. House. Sortable unofficial table: On Agreeing to the Conference Report, S. 900 Financial Services Modernization Act, roll call 570, 106th Congress, 1st session 2008-10-21 at the Wayback Machine Votes Database at The Washington Post, retrieved on October 9, 2008
  20. ^ "S. 900: Gramm–Leach–Bliley Act" 2011-06-08 at the Wayback Machine, 106th Congress – 1st Session, GovTrack.us.
  21. ^ "Physical commodity activities: Too risky for banking organizations?" (PDF). PwC. PwC Financial Services Regulatory Practice, January, 2014. (PDF) from the original on 2014-02-24.
  22. ^ Community Reinvestment Act Amendments in the Gramm–Leach Act Archived 2011-07-17 at Wikiwix, additional text.
  23. ^ "Agreement Reached on Overhaul of U.S. Financial System". partners.nytimes.com. Retrieved 4 May 2018.
  24. ^ a b FTC (June 18, 2001). "The Gramm–Leach–Bliley Act Privacy of Consumer Financial Information". Federal Trade Commission Bureau of Consumer Protection Division of Financial Practices. FTC. from the original on 31 October 2011. Retrieved 25 October 2011.
  25. ^ **How To Comply with the Privacy of Consumer Financial Information Rule of the Gramm-Leach-Bliley Act**, FTC
  26. ^ Amendment to the Annual Privacy Notice Requirement Under the Gramm-Leach-Bliley, (US) Bureau of Consumer Financial Protection, modifying a requirement for financial institutions to provide an annual GLBA disclosure (.pdf)
  27. ^ Annual privacy notice requirement eliminated for certain financial institutions - explanation of rule change from DLA Piper law firm
  28. ^ Cronin, Chris (December 9, 2021). "Standards for Safeguarding Customer Information".
  29. ^ a b "FTC Delays Safeguards Rule Implementation for Certain Financial Institutions" Mercedes Kelley Tunstall The National Law Review Volume XII, Number 331, November 23, 2022. Retrieved November 30, 2022.
  30. ^ "New Safeguards Rule: How will it impact financial institutions? Alex Koskey and Matt White, Reuters, December 9, 2021. Retrieved November 28, 2022.
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Sources edit

  • Allen, Larry (2009). The Encyclopedia of Money (2nd ed.). Santa Barbara, CA: ABC-CLIO. pp. 141–142. ISBN 978-1598842517.
  • Financial Privacy: The Gramm–Leach–Bliley Act, Federal Trade Commission, 1999
  • Gramm–Leach–Bliley Act,15 USC, Subchapter I, Sec. 6801–6809, Disclosure of Nonpublic Personal Information, FTC, 1999
  • Mike Chapple, Gramm–Leach–Bliley and You, November 18, 2003
  • Robert H. Ledig, Gramm–Leach–Bliley Act Financial Privacy Provisions:The Federal Government Imposes Broad Requirements to Address Consumer Privacy Concerns
  • The Gramm–Leach–Bliley Act: The Financial Privacy Rule, Federal Trade Commission
  • In Brief: The Financial Privacy Requirements of the Gramm–Leach–Bliley Act, Federal Trade Commission
  • The Gramm–Leach–Bliley Act — "History of the GLBA", Electronic Privacy Information Center
  • Financial Institution Privacy Protection Act of 2003 — 108th CONGRESS, 1st Session, S. 1458, "To amend the Gramm–Leach–Bliley Act to provide for enhanced protection of nonpublic personal information, including health information, and for other purposes." 2016-06-12 at the Wayback Machine, In the Senate of the United States; July 25 (legislative day, JULY 21), 2003, Library of Congress
  • Testimony of (Federal Reserve) Governor Laurence H. Meyer: Merchant banking, Federal Reserve Bank
  • Martin McLaughlin, Clinton, Republicans agree to deregulation of US financial system, World Socialist Web Site, November 1, 1999, retrieved on October 9, 2008

External links edit

  • Gramm–Leach–Bliley Act (PDF/details) as amended in the GPO Statute Compilations collection
  • Gramm–Leach–Bliley Act as enacted in the US Statutes at Large

Compliance information edit

  • Gramm–Leach–Bliley Act, 15 USC, Subchapter I, Sec. 6801–6809 – Disclosure of Nonpublic Personal Information

Consumer/client rights information edit

  • Disclosure of Nonpublic Personal Information
  • What Can You Do To Protect Your Privacy

History of the GLB edit

  • History of the GLBA

Congressional voting records on Gramm–Leach–Bliley Act edit

  • Senate Vote #354 (Nov. 4, 1999) On the Conference Report (S.900 Conference Report)
  • House Vote #570 (Nov. 4, 1999) On Agreeing to the Conference Report: S 900 (106th) Financial Services Modernization Act

gramm, leach, bliley, glba, redirects, here, confused, with, gbla, disambiguation, glba, also, known, financial, services, modernization, 1999, tooltip, public, united, states, text, stat, 1338, enacted, november, 1999, 106th, united, states, congress, 1999, 2. GLBA redirects here Not to be confused with GBLA disambiguation The Gramm Leach Bliley Act GLBA also known as the Financial Services Modernization Act of 1999 Pub L Tooltip Public Law United States 106 102 text PDF 113 Stat 1338 enacted November 12 1999 is an act of the 106th United States Congress 1999 2001 It repealed part of the Glass Steagall Act of 1933 removing barriers in the market among banking companies securities companies and insurance companies that prohibited any one institution from acting as any combination of an investment bank a commercial bank and an insurance company With the passage of the Gramm Leach Bliley Act commercial banks investment banks securities firms and insurance companies were allowed to consolidate Furthermore it failed to give to the SEC or any other financial regulatory agency the authority to regulate large investment bank holding companies 1 The legislation was signed into law by President Bill Clinton 2 Gramm Leach Bliley ActOther short titlesFederal Home Loan Bank System Modernization Act of 1999Financial Services Modernization Act of 1999Prime ActProgram for Investment in Microentrepreneurs Act of 1999Long titleAn Act to enhance competition in the financial services industry by providing a prudential framework for the affiliation of banks securities firms and other financial service providers and for other purposes Acronyms colloquial GLBANicknamesglibba ATM Fee Reform Act of 1999Enacted bythe 106th United States CongressEffectiveNovember 12 1999CitationsPublic lawPub L Tooltip Public Law United States 106 102 text PDF Statutes at Large113 Stat 1338CodificationActs repealedGlass Steagall ActTitles amended12 U S C Banks and Banking15 U S C Commerce and TradeU S C sections created12 U S C 24a 248b 1831v 1831w 1831x 1831y 1848a 2908 15 U S C 80b 10a 15 U S C 6801 6809 15 U S C 6821 6827U S C sections amended12 U S C 78 37715 U S C 80Legislative historyIntroduced in the Senate as S 900 by Phil Gramm R TX on April 28 1999Committee consideration by Committee on Banking Housing and Urban AffairsPassed the Senate on May 6 1999 54 44 Passed the House as the Financial Services Act of 1999 on July 1 1999 343 86 Reported by the joint conference committee on November 2 1999 agreed to by the Senate on November 4 1999 90 8 and by the House on November 4 1999 362 57 Signed into law by President Bill Clinton on November 12 1999United States Supreme Court casesWatters v Wachovia Bank NA 550 U S 1 2007 A year before the law was passed Citicorp a commercial bank holding company merged with the insurance company Travelers Group in 1998 to form the conglomerate Citigroup a corporation combining banking securities and insurance services under a house of brands that included Citibank Smith Barney Primerica and Travelers Because this merger was a violation of the Glass Steagall Act and the Bank Holding Company Act of 1956 the Federal Reserve gave Citigroup a temporary waiver in September 1998 3 Less than a year later GLBA was passed to legalize these types of mergers on a permanent basis The law also repealed Glass Steagall s conflict of interest prohibitions against simultaneous service by any officer director or employee of a securities firm as an officer director or employee of any member bank 4 Contents 1 Legislative history 2 Changes caused by the Act 3 Remaining restrictions 4 Privacy 4 1 Financial Privacy Rule 4 1 1 Financial institutions 4 1 2 Consumer vs customer defined 4 1 3 Consumer client privacy rights 4 1 4 Receipt of GLBA notices by consumers 4 1 4 1 Service of notice requirements 4 1 4 2 Response to receipt of a GLBA notice 4 1 5 Synergy between GLBA and GDPR 4 2 Safeguards Rule 4 3 Pretexting protection 5 Effect on usury law 6 Controversy 6 1 Criticisms 6 2 Defenses 7 Amendments 7 1 Proposed 8 See also 9 Notes 10 References 11 Sources 12 External links 12 1 Compliance information 12 2 Consumer client rights information 12 3 History of the GLB 12 4 Congressional voting records on Gramm Leach Bliley ActLegislative history editThe banking industry had been seeking the repeal of the 1933 Glass Steagall Act since the 1980s if not earlier 5 6 In 1987 the Congressional Research Service prepared a report that explored the cases for and against preserving the Glass Steagall Act 7 nbsp Sen Phil Gramm R Texas Rep Jim Leach R Iowa and Rep Thomas J Bliley Jr R Virginia the co sponsors of the Gramm Leach Bliley ActRespective versions of the Financial Services Act were introduced in the U S Senate by Phil Gramm Republican of Texas and in the U S House of Representatives by Jim Leach R Iowa The third lawmaker associated with the bill was Rep Thomas J Bliley Jr R Virginia Chairman of the House Commerce Committee from 1995 to 2001 During debate in the House of Representatives Rep John Dingell Democrat of Michigan argued that the bill would result in banks becoming too big to fail Dingell further argued that this would necessarily result in a bailout by the Federal Government 8 The House passed its version of the Financial Services Act of 1999 on July 1 1999 by a bipartisan vote of 343 86 Republicans 205 16 Democrats 138 69 Independent 0 1 9 10 note 1 two months after the Senate had already passed its version of the bill on May 6 by a much narrower 54 44 vote along basically partisan lines 53 Republicans and 1 Democrat in favor 44 Democrats opposed 12 13 14 note 2 nbsp Final Congressional vote by chamber and party November 4 1999When the two chambers could not agree on a joint version of the bill the House voted on July 30 by a vote of 241 132 R 58 131 D 182 1 Ind 1 0 to instruct its negotiators to work for a law which ensured that consumers enjoyed medical and financial privacy as well as robust competition and equal and non discriminatory access to financial services and economic opportunities in their communities i e protection against exclusionary redlining note 3 The bill then moved to a joint conference committee to work out the differences between the Senate and House versions Democrats agreed to support the bill after Republicans agreed to strengthen provisions of the anti redlining Community Reinvestment Act and address certain privacy concerns the conference committee then finished its work by the beginning of November 16 17 On November 4 the final bill resolving the differences was passed by the Senate 90 8 18 note 4 and by the House 362 57 19 note 5 The legislation was signed into law by President Bill Clinton on November 12 1999 20 Changes caused by the Act editMany of the largest banks brokerages and insurance companies desired the Act at the time The justification was that individuals usually put more money into investments when the economy is doing well but they put most of their money into savings accounts when the economy turns bad With the new Act they would be able to do both savings and investment at the same financial institution which would be able to do well in both good and bad economic times Prior to the Act most financial services companies were already offering both saving and investment opportunities to their customers On the retail consumer side a bank called Norwest Corporation which would later merge with Wells Fargo Bank led the charge in offering all types of financial services products in 1986 American Express attempted to own participants in almost every field of financial business although there was little synergy among them Things culminated in 1998 when Citibank merged with The Travelers Companies creating Citigroup The merger violated the Bank Holding Company Act BHCA but Citibank was given a two year forbearance that was based on an assumption that they would be able to force a change in the law The Gramm Leach Bliley Act passed in November 1999 repealing portions of the BHCA and the Glass Steagall Act allowing banks brokerages and insurance companies to merge thus making the CitiCorp Travelers Group merger legal Also prior to the passage of the Act there were many relaxations to the Glass Steagall Act For example a few years earlier commercial Banks were allowed to pursue investment banking and before that banks were also allowed to begin stock and insurance brokerage Insurance underwriting was the only main operation they weren t allowed to do something rarely done by banks even after the passage of the Act The Act further enacted three provisions that allow for bank holding companies to engage in physical commodity activities Prior to the enactment of the Act those activities were limited to those that were so closely related to banking to be considered incidental to it Under GLBA depending on the provision the institution falls into bank holding companies can engage in physical commodity trading energy tolling energy management services and merchant banking activities 21 Much consolidation occurred in the financial services industry since but not at the scale some had expected Retail banks for example do not tend to buy insurance underwriters as they seek to engage in a more profitable business of insurance brokerage by selling products of other insurance companies Other retail banks were slow to market investments and insurance products and package those products in a convincing way Brokerage companies had a hard time getting into banking because they do not have a large branch and backshop footprint Banks have recently tended to buy other banks such as the 2004 Bank of America and Fleet Boston merger yet they have had less success integrating with investment and insurance companies Many banks have expanded into investment banking but have found it hard to package it with their banking services without resorting to questionable tie ins which caused scandals at Smith Barney Remaining restrictions editCrucial to the passing of this Act was an amendment made to the GLBA stating that no merger may go ahead if any of the financial holding institutions or affiliates thereof received a less than satisfactory sic rating at its most recent CRA exam essentially meaning that any merger may only go ahead with the strict approval of the regulatory bodies responsible for the Community Reinvestment Act CRA 22 This was an issue of hot contention and the Clinton Administration stressed that it would veto any legislation that would scale back minority lending requirements 23 GLBA also did not remove the restrictions on banks placed by the Bank Holding Company Act of 1956 which prevented financial institutions from owning non financial corporations It conversely prohibits corporations outside of the banking or finance industry from entering retail and or commercial banking Many assume Wal Mart s desire to convert its industrial bank to a commercial retail bank ultimately drove the banking industry to back the GLBA restrictions Some restrictions remain to provide some amount of separation between the investment and commercial banking operations of a company For example licensed bankers must have separate business cards e g Personal Banker Wells Fargo Bank and Investment Consultant Wells Fargo Private Client Services Much of the debate about financial privacy is specifically centered around allowing or preventing the banking brokerage and insurances divisions of a company from working together In terms of compliance the key rules under the Act include The Financial Privacy Rule which governs the collection and disclosure of customers personal financial information by financial institutions It also applies to companies regardless of whether they are financial institutions that receive such information The Safeguards Rule requires all financial institutions to design implement and maintain safeguards to protect customer information The Safeguards Rule applies not only to financial institutions that collect information from their own customers but also to financial institutions such as credit reporting agencies appraisers and mortgage brokers that receive customer information from other financial institutions Privacy editGLBA compliance is mandatory whether a financial institution discloses nonpublic information or not there must be a policy in place to protect the information from foreseeable threats in security and data integrity Major components put into place to govern the collection disclosure and protection of consumers nonpublic personal information or personally identifiable information include Financial Privacy Rule Safeguards Rule Pretexting ProtectionFinancial Privacy Rule edit Subtitle A Disclosure of Nonpublic Personal Information codified at 15 U S C 6801 6809 The Financial Privacy Rule requires financial institutions to provide each consumer with a privacy notice at the time the consumer relationship is established and annually thereafter The privacy notice must explain the information collected about the consumer where that information is shared how that information is used and how that information is protected The notice must also identify the consumer s right to opt out of the information being shared with unaffiliated parties pursuant to the provisions of the Fair Credit Reporting Act Should the privacy policy change at any point in time the consumer must be notified again for acceptance Each time the privacy notice is reestablished the consumer has the right to opt out again The unaffiliated parties receiving the nonpublic information are held to the acceptance terms of the consumer under the original relationship agreement In summary the financial privacy rule provides for a privacy policy agreement between the company and the consumer pertaining to the protection of the consumer s personal nonpublic information On November 17 2009 eight federal regulatory agencies released the final version of a model privacy notice form to make it easier for consumers to understand how financial institutions collect and share information about consumers Financial institutions edit GLBA defines financial institutions as companies that offer financial products or services to individuals like loans financial or investment advice or insurance The Federal Trade Commission FTC has jurisdiction over financial institutions similar to and including these Non bank mortgage lenders Real estate appraisers Loan brokers Some financial or investment advisers Debt collectors Tax return preparers Banks and Real estate settlement service providers These companies must also be considered significantly engaged in the financial service or production that defines them as a financial institution Insurance has jurisdiction first by the state provided the state law at minimum complies with the GLB State law can require greater compliance but not less than what is otherwise required by the GLB Consumer vs customer defined edit The Gramm Leach Bliley Act defines a consumer as an individual who obtains from a financial institution financial products or services which are to be used primarily for personal family or household purposes and also means the legal representative of such an individual See 15 U S C 6809 9 A customer is a consumer that has developed a relationship with privacy rights protected under the GLB A customer is not someone using an automated teller machine ATM or having a check cashed at a cash advance business These are not ongoing relationships like a customer might have i e a mortgage loan tax advising or credit financing A business is not an individual with personal nonpublic information so a business cannot be a customer under the GLB A business however may be liable for compliance to the GLB depending upon the type of business and the activities utilizing individual s personal nonpublic information Definition A consumer is an individual who obtains or has obtained a financial product or service from a financial institution that is to be used primarily for personal family or household purposes or that individual s legal representative Examples of consumer relationships Applying for a loan Obtaining cash from a foreign ATM even if it occurs on a regular basis Cashing a check with a check cashing company Arranging for a wire transfer 24 Definition A customer is a consumer who has a customer relationship with a financial institution A customer relationship is a continuing relationship with a consumer Examples of establishing a customer relationship Opening a credit card account with a financial institution Entering into an automobile lease on a non operating basis for an initial lease term of at least 90 days with an automobile dealer Providing personally identifiable financial information to a broker in order to obtain a mortgage loan Obtaining a loan from a mortgage lender Agreeing to obtain tax preparation or credit counseling services Special Rule for Loans The customer relationship travels with ownership of the servicing rights 24 Consumer client privacy rights edit Under the GLB financial institutions must provide their clients a privacy notice that explains what information the company gathers about the client where this information is shared and how the company safeguards that information This privacy notice must be given to the client prior to entering into an agreement to do business There are exceptions to this when the client accepts a delayed receipt of the notice in order to complete a transaction on a timely basis This has been somewhat mitigated due to online acknowledgement agreements requiring the client to read or scroll through the notice and check a box to accept terms The privacy notice must also explain to the customer the opportunity to opt out Opting out means that the client can say no to allowing their information to be shared with nonaffiliated third parties The Fair Credit Reporting Act is responsible for the opt out opportunity but the privacy notice must inform the customer of this right under the GLB The client cannot opt out of Information shared with those providing priority service to the financial institution Marketing of products or services for the financial institution When the information is deemed legally required When entering into a financial transaction the institution providing said transaction must provide the customer a secure room with the ability to close in order to better protect the clients personal information Receipt of GLBA notices by consumers edit Service of notice requirements edit Notice requirements may vary In most cases service of a GLBA notice is not necessary unless the entity serving the notice intends to share customer information which the FTC defines as non public personal information NPI of customers required to be protected under GLBA 25 26 27 Response to receipt of a GLBA notice edit A consumer may react to service of a GLBA notice by Not responding Indicating on an acknowledgment form that notice was not provided typically for in person signed documents Responding according to format suggested in the GLBA Notice Responding with a prepared letter alone or in addition to the form Synergy between GLBA and GDPR edit The European Union s General Data Protection Regulation GDPR became enforceable on 25 May 2018 As applies to consumers the GDPR includes provision on scope of data collection but also includes right of access right to erasure right to restriction of processing and right to data portability Due to the multinational nature of some transactions including data and internet transactions and the possible implementation of corresponding regulations in some US states it is likely that business and other entities will comply with the GDPR as well as US GLBA requirements Individualized requests for privacy under the GLBA are likely to include provisions guaranteed by the European Union s GDPR Safeguards Rule edit Subtitle A Disclosure of Nonpublic Personal Information codified at 15 U S C 6801 6809 The Safeguards Rule implements data security requirements from the GLBA and requires financial institutions to develop a written information security plan that describes how the company is prepared for and plans to continue to protect its clients nonpublic personal information The Safeguards Rule applies to information of any consumer s past or present regarding the financial institution s products or services The written plan must include citation needed Denoting at least one employee to manage the safeguards Constructing a thorough risk analysis on each department handling the nonpublic information Develop monitor and test a program to secure the information Adapting the safeguards as needed with contemporary changes in how information is collected stored and usedThe Safeguards Rule forces financial institutions to take a closer look at how they manage private data and to do a risk analysis on their current processes The Federal Register features approaches for risk assessments such as evaluating the likelihood of magnitudes of harm that result from threats and errors and safeguards are commensurate with the risks they address 28 No process is perfect so this has meant that every financial institution has had to make some effort to comply with the GLBA In December 2021 the Safeguards Rule was updated amid some controversy 29 by the FTC to include specific criteria requiring financial institutions to introduce new security controls and to increase the accountability of boards of directors 30 with a six month compliance extension from January to June 2023 granted for some types of institutions in November 2022 29 Pretexting protection edit Subtitle B Fraudulent Access to Financial Information codified at 15 U S C 6821 6827 Pretexting sometimes referred to as social engineering occurs when someone tries to gain access to personal nonpublic information without proper authority to do so This may entail requesting private information while impersonating the account holder by telephone by mail by e mail or even by phishing i e using a phony website or email to collect data GLBA encourages the organizations covered by GLBA to implement safeguards against pretexting For example a well written plan designed to meet GLB s Safeguards Rule develop monitor and test a program to secure the information would likely include a section on training employees to recognize and deflect inquiries made under pretext In fact the evaluation of the effectiveness of such employee training probably should include a follow up program of random spot checks outside the classroom after completion of the initial employee training in order to check on the resistance of a given randomly chosen student to various types of social engineering perhaps even designed to focus attention on any new wrinkle that might have arisen after the initial effort to develop the curriculum for such employee training Under United States law pretexting by individuals is punishable as a common law crime of false pretenses Effect on usury law editSection 731 of the GLB codified as subsection f of 12 U S C 1831u contains a unique provision aimed at Arkansas whose usury limit was set at five percent above the Federal Reserve discount rate by the Arkansas Constitution and could not be changed by the Arkansas General Assembly When the Office of the Comptroller of the Currency ruled that interstate banks established under the Riegle Neal Interstate Banking and Branching Efficiency Act of 1994 could use their home state s usury law for all branches nationwide with minimal restrictions 31 Arkansas based banks were placed at a severe competitive disadvantage to Arkansas branches of interstate banks this led to out of state takeovers of several Arkansas banks including the sale of First Commercial Bank then Arkansas largest bank to Regions Financial Corporation in 1998 Under Section 731 all banks headquartered in a state covered by that law may charge up to the highest usury limit of any state that is headquarters to an interstate bank which has branches in the covered state Therefore since Arkansas has branches of banks based in Alabama Georgia Mississippi Missouri North Carolina Ohio and Texas 32 any loan that is legal under the usury laws of any of those states may be made by an Arkansas based bank under Section 731 The section does not apply to interstate banks with branches in the covered state but headquartered elsewhere however Arkansas based interstate banks like Arvest Bank may export their Section 731 limits to other states Due to Section 731 it is generally regarded that Arkansas based banks now have no usury limit for credit cards or for any loan of greater than 2 000 since Alabama Regions home state has no limits on those loans with a limit of 18 the minimum usury limit in Texas or more on all other loans 33 However once Wells Fargo fully completed its purchase of Century Bank a Texas bank with Arkansas branches Section 731 did away with all usury limits for Arkansas based banks since Wells Fargo s main bank charter is based in South Dakota which repealed its usury laws many years ago Though designed for Arkansas Section 731 may also apply to Alaska and California whose constitutions provide for the same basic usury limit though unlike Arkansas their legislatures can and generally do set different limits If Section 731 applies to those states then all their usury limits are inapplicable to banks based in those states since Wells Fargo has branches in both states Controversy editSee also Subprime mortgage crisis Causes Criticisms edit The act is often cited as a cause of the 2007 subprime mortgage financial crisis even by some of its onetime supporters 34 Former President Barack Obama has stated that GLBA led to deregulation that among other things allowed for the creation of giant financial supermarkets that could own investment banks commercial banks and insurance firms something banned since the Great Depression Its passage critics also say cleared the way for companies that were too big and intertwined to fail 35 Economist Joseph Stiglitz has also argued that the Act increased risk taking leading up to the crisis stating the culture of investment banks was conveyed to commercial banks and everyone got involved in the high risk gambling mentality 36 In an article in The Nation Mark Sumner asserted that the Gramm Leach Bliley Act was responsible for the creation of entities that took on more risk due to their being considered too big to fail 37 Defenses edit According to a 2009 policy report from the Cato Institute authored by one of the institute s directors Mark A Calabria critics of the legislation feared that with the allowance for mergers between investment and commercial banks GLBA allowed the newly merged banks to take on riskier investments while at the same time removing any requirements to maintain enough equity exposing the assets of its banking customers 38 non primary source needed Calabria claimed that prior to the passage of GLBA in 1999 investment banks were already capable of holding and trading the very financial assets claimed to be the cause of the mortgage crisis and were also already able to keep their books as they had 38 He concluded that greater access to investment capital as many investment banks went public on the market explains the shift in their holdings to trading portfolios 38 Calabria noted that after GLBA passed most investment banks did not merge with depository commercial banks and that in fact the few banks that did merge weathered the crisis better than those that did not 38 In February 2009 one of the act s co authors former Senator Phil Gramm also defended his bill I f GLB was the problem the crisis would have been expected to have originated in Europe where they never had Glass Steagall requirements to begin with Also the financial firms that failed in this crisis like Lehman were the least diversified and the ones that survived like J P Morgan were the most diversified Moreover GLB did not deregulate anything It established the Federal Reserve as a superregulator overseeing all Financial Services Holding Companies All activities of financial institutions continued to be regulated on a functional basis by the regulators that had regulated those activities prior to GLB 39 Bill Clinton as well as economists Brad DeLong and Tyler Cowen have all argued that the Gramm Leach Bliley Act softened the impact of the crisis 40 41 Atlantic Monthly columnist Megan McArdle has argued that if the act was part of the problem it would be the commercial banks not the investment banks that were in trouble and repeal would not have helped the situation 42 An article in the conservative publication National Review has made the same argument calling allegations about the Act folk economics 43 A New York Times financial columnist and occasional critic of GLBA Andrew Ross Sorkin stated that he believes GLBA had little to do with the failed institutions 44 Amendments editProposed edit National Association of Registered Agents and Brokers Reform Act of 2013 H R 1155 113th Congress H R 1155 is a bill meant to reduce the regulatory costs of complying with multiple states requirements for insurance companies making it easier for the same company to operate in multiple states 45 The bill would amend the Gramm Leach Bliley Act to repeal the contingent conditions under which the National Association of Registered Agents and Brokers NARAB shall not be established 46 The bill would transform the National Association of Registered Agents and Brokers NARAB into a clearing house that set up its own standards that insurance companies would be required to meet in order to do business in other states 45 In this new system however the insurance company would only have to meet the requirements of their home state and the NARAB only two entities not their home state and every other state they wished to operate in multiple entities 45 Proponents of the bill argued that it would help lower costs for insurance companies and make insurance cheaper for people to buy See also edit nbsp Banks portalBank regulation Securities regulation in the United States Commodity Futures Trading Commission Securities commission Chicago Stock Exchange Financial regulation Financial privacy laws in the United States Inside Job 2010 documentary film List of financial regulatory authorities by country NASDAQ New York Stock Exchange Stock exchange Regulation D SEC Related legislation1933 Securities Act of 1933 1933 Banking Act of 1933 which contained legislation repealed by Gramm Leach Bliley 1934 Securities Exchange Act of 1934 1938 Temporary National Economic Committee establishment 1939 Trust Indenture Act of 1939 1940 Investment Advisers Act of 1940 1940 Investment Company Act of 1940 1968 Williams Act Securities Disclosure Act 1975 Securities and Exchange Act 1982 Garn St Germain Depository Institutions Act 2000 Commodity Futures Modernization Act of 2000 2002 Sarbanes Oxley Act 2003 Fair and Accurate Credit Transactions Act of 2003 2006 Credit Rating Agency Reform Act of 2006 2010 Dodd Frank Wall Street Reform and Consumer Protection ActNotes edit Two Republicans and four Democrats did not vote 11 Sen Fritz Hollings D S Carolina voted in favor Sen Peter Fitzgerald R Illinois voted present and Sen James Inhofe R Oklahoma did not vote A table with members full names sortable by vote state region and party may be found at S 900 as amended Gramm Leach Bliley Act roll call 105 106th Congress 1st session Votes Database at The Washington Post Retrieved on 2008 10 09 from S 900 U S Congress Votes Database the Washington PostThe Washington Post Archived from the original on 2011 06 13 Retrieved 2008 10 09 Independent Rep Bernie Sanders of Vermont voted yes 33 Republicans and 28 Democrats did not vote 15 52 Republicans and 38 Democrats voted for the bill Sen Richard Shelby of Alabama Republican formerly a Democrat voted against it as did 7 Democratic Senators Barbara Boxer Calif Richard Bryan Nevada Byron Dorgan N Dakota Russell Feingold Wisc Tom Harkin Iowa Barbara Mikulski Maryland and Paul Wellstone Minn Sen Peter Fitzgerald R Illinois again voted present while Sen John McCain R Arizona did not vote Republicans voted 207 5 in favor with 10 not voting Democrats voted 155 51 in favor with 5 not voting Independent Rep Bernie Sanders of Vermont voted no References edit Chairman Cox September 26 2008 Chairman Cox Announces End of Consolidated Supervised Entities Program Press release SEC Archived from the original on 3 September 2014 Retrieved 14 March 2014 Peters Gerhard Woolley John T William J Clinton Statement on Signing the Gramm Leach Bliley Act November 12 1999 The American Presidency Project University of California Santa Barbara Archived from the original on February 7 2016 Broome Lissa Lamkin Markham Jerry W 2001 The Gramm Leach Bliley Act An Overview PDF Archived from the original PDF on 2012 02 17 Bill Summary amp Status 106th Congress 1999 2000 S 900 CRS Summary Thomas Library of Congress Archived from the original on 2013 08 12 Retrieved 2011 02 08 Shanny Basar November 9 2012 John Reed Vikram Pandit Re Consider Glass Steagall 10 Years Wall Street Journal Archived from the original on March 15 2016 Corinne Crawford Borough of Manhattan Community College January 2011 The Repeal Of The Glass Steagall Act And The Current Financial Crisis PDF Journal of Business amp Economics Research pp 127 133 Archived PDF from the original on 2014 06 11 IB87061 Glass Steagall Act Commercial vs Investment Banking Archived 2010 01 13 at the Wayback Machine Congressional Research Service CRS John Dingell Nov 4 1999 House Session Flash Television production Washington DC C SPAN Event occurs at 03 02 11 Program ID 153391 1 H R 10 Financial Services Act of 1999 EH Archived 2014 09 25 at the Wayback Machine July 1 1999 Engrossed as Agreed to or Passed by House Library of Congress Consideration of H R 10 Financial Services Act of 1999 Archived 2008 11 28 at the Wayback Machine All Congressional Actions amp Reports of H R 10 Congressional Record Congressional roll call H R 10 as amended Financial Services Act of 1999 Record Vote No 276 Archived 2008 09 17 at the Wayback Machine July 1 1999 Clerk of the United States House of Representatives S 900 Financial Services Modernization Act of 1999 ES Archived 2008 11 28 at the Wayback Machine May 6 1999 Engrossed as Agreed to or Passed by Senate Library of Congress Consideration of S 900 Financial Services Modernization Act of 1999 Archived 2016 07 04 at the Wayback Machine All Congressional Actions amp Reports of S 900 Congressional Record Congressional roll call at S 900 as amended Financial Services Modernization Act of 1999 Record Vote No 105 Archived 2017 07 08 at the Wayback Machine May 6 1999 U S Senate Roll Call Votes Congressional roll call On Motion to Instruct Conferees S 900 Financial Services Modernization Act of 1999 Record Vote No 355 Archived 2009 04 20 at Wikiwix July 30 1999 Clerk of the U S House Sortable unofficial table On Motion to Instruct Conferees Financial Services Modernization Act roll call 355 106th Congress 1st session Archived 2008 07 24 at the Wayback Machine Votes Database at The Washington Post retrieved on October 12 2008 Republicans Revised Banking Bill Greeted With Veto Promise Washington Post October 13 1999 p E03 The War on CRA Opportunity in Next Wave of Mergers Cincotta National Housing Institute 1999 Congressional roll call S 900 as reported by conferees Financial Services Act of 1999 Record Vote No 354 Archived 2018 02 15 at the Wayback Machine November 4 1999 Clerk of the Senate Sortable unofficial table On Agreeing to the Conference Report S 900 Gramm Bliley Leach Act roll call 354 106th Congress 1st session Archived 2015 08 03 at the Wayback Machine Votes Database at The Washington Post retrieved on October 9 2008 Congressional roll call On the passage of S 900 Financial Services Act of 1999 Record Vote No 570 Archived 2012 08 11 at Wikiwix November 4 1999 Clerk of the U S House Sortable unofficial table On Agreeing to the Conference Report S 900 Financial Services Modernization Act roll call 570 106th Congress 1st session Archived 2008 10 21 at the Wayback Machine Votes Database at The Washington Post retrieved on October 9 2008 S 900 Gramm Leach Bliley Act Archived 2011 06 08 at the Wayback Machine 106th Congress 1st Session GovTrack us Physical commodity activities Too risky for banking organizations PDF PwC PwC Financial Services Regulatory Practice January 2014 Archived PDF from the original on 2014 02 24 Community Reinvestment Act Amendments in the Gramm Leach Act Archived 2011 07 17 at Wikiwix additional text Agreement Reached on Overhaul of U S Financial System partners nytimes com Retrieved 4 May 2018 a b FTC June 18 2001 The Gramm Leach Bliley Act Privacy of Consumer Financial Information Federal Trade Commission Bureau of Consumer Protection Division of Financial Practices FTC Archived from the original on 31 October 2011 Retrieved 25 October 2011 How To Comply with the Privacy of Consumer Financial Information Rule of the Gramm Leach Bliley Act FTC Amendment to the Annual Privacy Notice Requirement Under the Gramm Leach Bliley US Bureau of Consumer Financial Protection modifying a requirement for financial institutions to provide an annual GLBA disclosure pdf Annual privacy notice requirement eliminated for certain financial institutions explanation of rule change from DLA Piper law firm Cronin Chris December 9 2021 Standards for Safeguarding Customer Information a b FTC Delays Safeguards Rule Implementation for Certain Financial Institutions Mercedes Kelley Tunstall The National Law Review Volume XII Number 331 November 23 2022 Retrieved November 30 2022 New Safeguards Rule How will it impact financial institutions Alex Koskey and Matt White Reuters December 9 2021 Retrieved November 28 2022 Licensing Interpretations and Actions PDF www occ gov 29 December 2010 Archived PDF from the original on 28 May 2010 Retrieved 4 May 2018 Out of State Banks Archived from the original on 2008 12 10 Retrieved 2008 10 23 Arkansas Bar Association Publications Archived from the original on 2009 01 09 Retrieved 2008 10 23 Leonhardt David Washington s Invisible Hand Archived 2018 02 04 at the Wayback Machine September 26 2008 New York Times Ten Questions for Those Fixing the Financial Mess Archived 2015 09 22 at the Wayback Machine Wall Street Journal March 10 2009 Who s Whining Now Gramm Slammed By Economists Archived 2011 08 05 at Wikiwix ABC News Sept 19 2008 Sumner Mark John McCain Crisis Enabler Archived 2010 11 25 at the Wayback Machine The Nation September 21 2008 a b c d Calabria Mark A July August 2009 Did Deregulation Cause the Financial Crisis PDF Cato Institute Archived from the original PDF on 2009 07 26 Retrieved 2009 07 28 Phil Gramm Deregulation and the Financial Panic Archived 2017 08 11 at the Wayback Machine opinion pages of The Wall Street Journal published and retrieved on February 20 2009 Who Caused the Economic Crisis Archived 2014 07 01 at the Wayback Machine FactCheck org October 1 2008 Bartiromo Maria 2008 09 23 Bill Clinton on the Banking Crisis McCain and Hillary Bloomberg Business Archived from the original on 2015 03 31 Retrieved 2016 02 02 Hindsight regulation Archived 2009 03 30 at the Wayback Machine Megan McArdle Atlantic Monthly September 16 2008 Villain Phil Archived 2010 01 09 at the Wayback Machine National Review September 22 2008 Andrew Ross Sorkin May 22 2012 Reinstating an Old Rule Is Not a Cure for Crisis New York Times Archived from the original on July 8 2017 a b c Kasperowicz Pete 10 September 2013 House votes to streamline cross state insurance sales The Hill Archived from the original on 11 October 2013 Retrieved 11 September 2013 H R 1155 Summary United States Congress Archived from the original on 14 September 2013 Retrieved 11 September 2013 Sources editAllen Larry 2009 The Encyclopedia of Money 2nd ed Santa Barbara CA ABC CLIO pp 141 142 ISBN 978 1598842517 Financial Privacy The Gramm Leach Bliley Act Federal Trade Commission 1999 Gramm Leach Bliley Act 15 USC Subchapter I Sec 6801 6809 Disclosure of Nonpublic Personal Information FTC 1999 Mike Chapple Gramm Leach Bliley and You November 18 2003 Robert H Ledig Gramm Leach Bliley Act Financial Privacy Provisions The Federal Government Imposes Broad Requirements to Address Consumer Privacy Concerns The Gramm Leach Bliley Act The Financial Privacy Rule Federal Trade Commission In Brief The Financial Privacy Requirements of the Gramm Leach Bliley Act Federal Trade Commission The Gramm Leach Bliley Act History of the GLBA Electronic Privacy Information Center Financial Institution Privacy Protection Act of 2003 108th CONGRESS 1st Session S 1458 To amend the Gramm Leach Bliley Act to provide for enhanced protection of nonpublic personal information including health information and for other purposes Archived 2016 06 12 at the Wayback Machine In the Senate of the United States July 25 legislative day JULY 21 2003 Library of Congress Testimony of Federal Reserve Governor Laurence H Meyer Merchant banking Federal Reserve Bank Martin McLaughlin Clinton Republicans agree to deregulation of US financial system World Socialist Web Site November 1 1999 retrieved on October 9 2008External links editGramm Leach Bliley Act PDF details as amended in the GPO Statute Compilations collection Gramm Leach Bliley Act as enacted in the US Statutes at LargeCompliance information edit Gramm Leach Bliley Act 15 USC Subchapter I Sec 6801 6809 Disclosure of Nonpublic Personal InformationConsumer client rights information edit Disclosure of Nonpublic Personal Information What Can You Do To Protect Your PrivacyHistory of the GLB edit History of the GLBACongressional voting records on Gramm Leach Bliley Act edit Senate Vote 354 Nov 4 1999 On the Conference Report S 900 Conference Report House Vote 570 Nov 4 1999 On Agreeing to the Conference Report S 900 106th Financial Services Modernization Act Retrieved from https en wikipedia org w index php title Gramm Leach Bliley Act amp oldid 1217861996, wikipedia, wiki, book, books, library,

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