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H.R. 5461 (113th): To clarify the application of certain leverage and risk-based requirements under the Dodd-Frank Wall Street Reform and Consumer Protection Act, to improve upon the definitions provided for points and fees in connection with a mortgage transaction, and for other purposes.


The text of the bill below is as of Sep 17, 2014 (Referred to Senate Committee). The bill was not enacted into law.


IIB

113th CONGRESS

2d Session

H. R. 5461

IN THE SENATE OF THE UNITED STATES

September 17 (legislative day, September 16), 2014

Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs

AN ACT

To clarify the application of certain leverage and risk-based requirements under the Dodd-Frank Wall Street Reform and Consumer Protection Act, to improve upon the definitions provided for points and fees in connection with a mortgage transaction, and for other purposes.

1.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Table of contents.

Title I—Insurance Capital Standards

Sec. 101. Short title.

Sec. 102. Clarification of application of leverage and risk-based capital requirements.

Title II—Collateralized loan obligations

Sec. 201. Short title.

Sec. 202. Rules of construction relating to collateralized loan obligations.

Title III—Definition of Points and Fees in Mortgage Transactions

Sec. 301. Short title.

Sec. 302. Definition of points and fees.

Sec. 303. Rulemaking.

Title IV—Business Risk Mitigation and Price Stabilization

Sec. 401. Short title.

Sec. 402. Margin requirements.

Sec. 403. Implementation.

I

Insurance Capital Standards

101.

Short title

This title may be cited as the Insurance Capital Standards Clarification Act of 2014.

102.

Clarification of application of leverage and risk-based capital requirements

Section 171 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5371) is amended—

(1)

in subsection (a), by adding at the end the following:

(4)

Business of insurance

The term business of insurance has the same meaning as in section 1002(3).

(5)

Person regulated by a state insurance regulator

The term person regulated by a State insurance regulator has the same meaning as in section 1002(22).

(6)

Regulated foreign subsidiary and regulated foreign affiliate

The terms regulated foreign subsidiary and regulated foreign affiliate mean a person engaged in the business of insurance in a foreign country that is regulated by a foreign insurance regulatory authority that is a member of the International Association of Insurance Supervisors or other comparable foreign insurance regulatory authority as determined by the Board of Governors following consultation with the State insurance regulators, including the lead State insurance commissioner (or similar State official) of the insurance holding company system as determined by the procedures within the Financial Analysis Handbook adopted by the National Association of Insurance Commissioners, where the person, or its principal United States insurance affiliate, has its principal place of business or is domiciled, but only to the extent that—

(A)

such person acts in its capacity as a regulated insurance entity; and

(B)

the Board of Governors does not determine that the capital requirements in a specific foreign jurisdiction are inadequate.

(7)

Capacity as a regulated insurance entity

The term capacity as a regulated insurance entity

(A)

includes any action or activity undertaken by a person regulated by a State insurance regulator or a regulated foreign subsidiary or regulated foreign affiliate of such person, as those actions relate to the provision of insurance, or other activities necessary to engage in the business of insurance; and

(B)

does not include any action or activity, including any financial activity, that is not regulated by a State insurance regulator or a foreign agency or authority and subject to State insurance capital requirements or, in the case of a regulated foreign subsidiary or regulated foreign affiliate, capital requirements imposed by a foreign insurance regulatory authority.

; and

(2)

by adding at the end the following new subsection:

(c)

Clarification

(1)

In general

In establishing the minimum leverage capital requirements and minimum risk-based capital requirements on a consolidated basis for a depository institution holding company or a nonbank financial company supervised by the Board of Governors as required under paragraphs (1) and (2) of subsection (b), the appropriate Federal banking agencies shall not be required to include, for any purpose of this section (including in any determination of consolidation), a person regulated by a State insurance regulator or a regulated foreign subsidiary or a regulated foreign affiliate of such person engaged in the business of insurance, to the extent that such person acts in its capacity as a regulated insurance entity.

(2)

Rule of construction on board’s authority

This subsection shall not be construed to prohibit, modify, limit, or otherwise supersede any other provision of Federal law that provides the Board of Governors authority to issue regulations and orders relating to capital requirements for depository institution holding companies or nonbank financial companies supervised by the Board of Governors.

(3)

Rule of construction on accounting principles

(A)

In general

A depository institution holding company or nonbank financial company supervised by the Board of Governors of the Federal Reserve that is also a person regulated by a State insurance regulator that is engaged in the business of insurance that files financial statements with a State insurance regulator or the National Association of Insurance Commissioners utilizing only Statutory Accounting Principles in accordance with State law, shall not be required by the Board under the authority of this section or the authority of the Home Owners' Loan Act to prepare such financial statements in accordance with Generally Accepted Accounting Principles.

(B)

Preservation of authority

Nothing in subparagraph (A) shall limit the authority of the Board under any other applicable provision of law to conduct any regulatory or supervisory activity of a depository institution holding company or non-bank financial company supervised by the Board of Governors, including the collection or reporting of any information on an entity or group-wide basis. Nothing in this paragraph shall excuse the Board from its obligations to comply with section 161(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5361(a)) and section 10(b)(2) of the Home Owners' Loan Act (12 U.S.C. 1467a(b)(2)), as appropriate.

.

II

Collateralized loan obligations

201.

Short title

This title may be cited as the Restoring Proven Financing for American Employers Act.

202.

Rules of construction relating to collateralized loan obligations

Section 13(g) of the Bank Holding Company Act of 1956 (12 U.S.C. 1851(g)) is amended by adding at the end the following new paragraphs:

(4)

Collateralized loan obligations

(A)

Inapplicability to certain collateralized loan obligations

Nothing in this section shall be construed to require the divestiture, prior to July 21, 2017, of any debt securities of collateralized loan obligations, if such debt securities were issued before January 31, 2014.

(B)

Ownership interest with respect to collateralized loan obligations

A banking entity shall not be considered to have an ownership interest in a collateralized loan obligation because it acquires, has acquired, or retains a debt security in such collateralized loan obligation if the debt security has no indicia of ownership other than the right of the banking entity to participate in the removal for cause, or in the selection of a replacement after removal for cause or resignation, of an investment manager or investment adviser of the collateralized loan obligation.

(C)

Definitions

For purposes of this paragraph:

(i)

Collateralized loan obligation

The term collateralized loan obligation means any issuing entity of an asset-backed security, as defined in section 3(a)(77) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(77)), that is comprised primarily of commercial loans.

(ii)

Removal for cause

An investment manager or investment adviser shall be deemed to be removed for cause if the investment manager or investment adviser is removed as a result of—

(I)

a breach of a material term of the applicable management or advisory agreement or the agreement governing the collateralized loan obligation;

(II)

the inability of the investment manager or investment adviser to continue to perform its obligations under any such agreement;

(III)

any other action or inaction by the investment manager or investment adviser that has or could reasonably be expected to have a materially adverse effect on the collateralized loan obligation, if the investment manager or investment adviser fails to cure or take reasonable steps to cure such effect within a reasonable time; or

(IV)

a comparable event or circumstance that threatens, or could reasonably be expected to threaten, the interests of holders of the debt securities.

.

III

Definition of Points and Fees in Mortgage Transactions

301.

Short title

This title may be cited as the Mortgage Choice Act of 2014.

302.

Definition of points and fees

(a)

Amendment to section 103 of TILA

Section 103(bb)(4) of the Truth in Lending Act (15 U.S.C. 1602(bb)(4)) is amended—

(1)

by striking paragraph (1)(B) and inserting paragraph (1)(A) and section 129C;

(2)

in subparagraph (C)—

(A)

by inserting and insurance after taxes;

(B)

in clause (ii), by inserting , except as retained by a creditor or its affiliate as a result of their participation in an affiliated business arrangement (as defined in section 2(7) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(7)) after compensation; and

(C)

by striking clause (iii) and inserting the following:

(iii)

the charge is—

(I)

a bona fide third-party charge not retained by the mortgage originator, creditor, or an affiliate of the creditor or mortgage originator; or

(II)

a charge set forth in section 106(e)(1);

; and

(3)

in subparagraph (D)—

(A)

by striking accident,; and

(B)

by striking or any payments and inserting and any payments.

(b)

Amendment to section 129C of TILA

Section 129C of the Truth in Lending Act (15 U.S.C. 1639c) is amended—

(1)

in subsection (a)(5)(C), by striking 103 and all that follows through or mortgage originator) and inserting 103(bb)(4); and

(2)

in subsection (b)(2)(C)(i), by striking 103 and all that follows through or mortgage originator) and inserting 103(bb)(4).

303.

Rulemaking

Not later than the end of the 90-day period beginning on the date of the enactment of this Act, the Bureau of Consumer Financial Protection shall issue final regulations to carry out the amendments made by this Act, and such regulations shall be effective upon issuance.

IV

Business Risk Mitigation and Price Stabilization

401.

Short title

This title may be cited as the Business Risk Mitigation and Price Stabilization Act of 2014.

402.

Margin requirements

(a)

Commodity Exchange Act amendment

Section 4s(e) of the Commodity Exchange Act (7 U.S.C. 6s(e)), as added by section 731 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by adding at the end the following new paragraph:

(4)

Applicability with respect to counterparties

The requirements of paragraphs (2)(A)(ii) and (2)(B)(ii), including the initial and variation margin requirements imposed by rules adopted pursuant to paragraphs (2)(A)(ii) and (2)(B)(ii), shall not apply to a swap in which a counterparty qualifies for an exception under section 2(h)(7)(A), or an exemption issued under section 4(c)(1) from the requirements of section 2(h)(1)(A) for cooperative entities as defined in such exemption, or satisfies the criteria in section 2(h)(7)(D).

.

(b)

Securities Exchange Act amendment

Section 15F(e) of the Securities Exchange Act of 1934 (15 U.S.C. 78o–10(e)), as added by section 764(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by adding at the end the following new paragraph:

(4)

Applicability with respect to counterparties

The requirements of paragraphs (2)(A)(ii) and (2)(B)(ii) shall not apply to a security-based swap in which a counterparty qualifies for an exception under section 3C(g)(1) or satisfies the criteria in section 3C(g)(4).

.

403.

Implementation

The amendments made by this title to the Commodity Exchange Act shall be implemented—

(1)

without regard to—

(A)

chapter 35 of title 44, United States Code; and

(B)

the notice and comment provisions of section 553 of title 5, United States Code;

(2)

through the promulgation of an interim final rule, pursuant to which public comment will be sought before a final rule is issued; and

(3)

such that paragraph (1) shall apply solely to changes to rules and regulations, or proposed rules and regulations, that are limited to and directly a consequence of such amendments.

Passed the House of Representatives September 16, 2014.

Karen L. Haas,

Clerk