S. 798: TBTF Act

Apr 24, 2013
Referred to Committee
10% chance of being enacted
Track this bill
Sherrod Brown
Senior Senator from Ohio
Read Text »
Last Updated
Apr 24, 2013
24 pages
Related Bills
S. 872 (Related)
Holding Company Registration Threshold Equalization Act of 2013

Referred to Committee
Last Action: May 07, 2013


This bill was assigned to a congressional committee on April 24, 2013, which will consider it before possibly sending it on to the House or Senate as a whole.

Introduced Apr 24, 2013
Referred to Committee Apr 24, 2013
Reported by Committee ...
Passed Senate ...
Passed House ...
Signed by the President ...

41% chance of getting past committee.
10% chance of being enacted.

Only 11% of bills made it past committee and only about 3% were enacted in 2011–2013. [show factors | methodology]

Full Title

A bill to address equity capital requirements for financial institutions, bank holding companies, subsidiaries, and affiliates, and for other purposes.


No summaries available.

6 cosponsors (3D, 2R, 1I) (show)

Senate Banking, Housing, and Urban Affairs

Financial Institutions and Consumer Protection

The committee chair determines whether a bill will move past the committee stage.

Primary Source

THOMAS.gov (The Library of Congress)

GovTrack gets most information from THOMAS, which is updated generally one day after events occur. Activity since the last update may not be reflected here. Data comes via the congress project.


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S. stands for Senate bill.

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The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

Terminating Bailouts for Taxpayer Fairness Act of 2013 or TBTF Act - Requires federal banking agencies to establish capital requirements for the ratio of equity capital to total consolidated assets for all financial institutions.
Prohibits such requirements from requiring a financial institution with more than $50 billion in total consolidated assets to have a ratio of less than 8% of equity capital to total consolidated assets.
Requires the equity capital requirement for a financial institution with $50 billion or less in total consolidated assets to be comparable to federal banking requirements established under specified regulations for prompt corrective actions and for capital adequacy in effect as of May 1, 2013.
Directs the Federal Deposit Insurance Corporation (FDIC) to:
(1) study historical equity capital ratios chosen by large depository institutions before the advent of the Federal Reserve System, federal deposit insurance, and the federal income tax (policies) encouraged depositories to favor more highly leveraged deposit and debt funding; and
(2) structure the capital surcharge for financial institutions with at least $500 billion in total consolidated assets so that it fully accounts for and offsets any distortion of capital levels by such policies.
Directs the federal banking agencies to establish equity capital surcharges for each financial institution having at least $500 billion in total consolidated assets.
Authorizes capital requirements to increase continuously as a percentage of total consolidated assets as such assets increase.
Prescribes anti-evasion and implementation measures.
Directs the Board of Governors of the Federal Reserve System (Board), the FDIC, and the Comptroller of the Currency to establish capital requirements for each affiliate and subsidiary of a financial institution that are no less stringent than those established under this Act. Exempts from such requirements any financial institution with less than $50 billion in total consolidated assets.
Amends the Home Owner's Loan Act to prohibit the Board from prescribing or imposing capital or capital adequacy rules, guidelines, standards, or requirements on any functionally regulated subsidiary of a savings and loan holding company or functionally regulated affiliate of certain savings associations.
Permits federal banking agencies, in order to measure the relative risk of certain assets and prevent investment in excessive amounts of riskier assets, to establish supplemental risk-based capital requirements for any financial institution with more than $20 billion in total consolidated assets (or any affiliate or subsidiary).
Prohibits a federal banking agency from implementing such requirements for such a financial institution unless all federal banking agencies agree that bank supervision is insufficient to prevent excessive concentration of riskier assets.
Prohibits the Board, the FDIC, and the Comptroller of the Currency from any further implementation of federal banking agencies rules regarding "Basel III: A Global Regulatory Framework for More Resilient Banks and Banking Systems."
Amends the Federal Reserve Act to permit only an insured depository institution that is a member bank with less than $50 billion of total consolidated assets (or affiliate or subsidiary) to engage in a covered transaction with another affiliate or subsidiary that is not an insured depository institution, with certain exceptions.
Prohibits the affiliate or subsidiary of a financial institution, insured depository institution, or nonbank financial institution, except in connection with its resolution or receivership, from receiving certain federal assistance, including asset purchases, loans, investments in debt or equity, or capital injections, or through the Exchange Stabilization Fund, the Deposit Insurance Fund, or through the Board. Excludes from this prohibition transactions or operations implementing monetary policy matters under the direction of either the Board or the Federal Open Market Committee.
Amends the Securities Exchange Act of 1934 to require an issuer that is a savings and loan holding company to register with the Securities and Exchange Commission (SEC) if: (1) its assets exceed $10 million, and (2) it has a class of equity security held of record by 2,000 or more persons.
Amends the Federal Financial Institutions Examination Council Act of 1978 to establish an Office of Examination Ombudsman.
Amends the Gramm-Leach-Bliley Act to exempt certain financial institutions from mandatory annual written disclosures.
Amends the Equal Credit Opportunity Act to exempt an entity with less than $10 billion in total consolidated assets from the requirement to collect certain data from women-owned, minority-owned, or small business credit applicants.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

No summary available.

House Democratic Caucus Summary

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So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

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