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H.R. 2121 (115th): Pension, Endowment, and Mutual Fund Access to Banking Act


The text of the bill below is as of Apr 26, 2018 (Reported by House Committee). The bill was not enacted into law.


IB

Union Calendar No. 504

115th CONGRESS

2d Session

H. R. 2121

[Report No. 115–656]

IN THE HOUSE OF REPRESENTATIVES

April 25, 2017

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

April 26, 2018

Additional sponsors: Mr. Loudermilk, Mr. Capuano, Mr. Meeks, Mr. Barr, Ms. Sinema, Ms. Velázquez, Mr. Gottheimer, Mr. Lynch, Mr. Zeldin, Mr. Luetkemeyer, Mr. Ross, Ms. Moore, Mr. Himes, Mr. Hill, Mr. Huizenga, Mr. Royce of California, Mr. Tipton, Mr. Budd, Mr. Pittenger, Mr. Emmer, Mr. Stivers, Mr. McGovern, Mr. Donovan, Ms. Clark of Massachusetts, Mr. MacArthur, Mrs. Carolyn B. Maloney of New York, Mr. Mooney of West Virginia, Mr. Poliquin, Mr. Banks of Indiana, Ms. Tenney, Mr. Posey, Mr. Byrne, Mr. Messer, Mr. Moulton, Mr. Loebsack, and Mrs. Wagner

April 26, 2018

Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on April 25, 2017


A BILL

To require the appropriate Federal banking agencies to revise regulations to specify that certain funds shall not be taken into account when calculating any supplementary leverage ratio for custodial banks, and for other purposes.


1.

Short title

This Act may be cited as the Pension, Endowment, and Mutual Fund Access to Banking Act.

2.

Treatment of funds deposited with a central bank in calculating the applicable supplementary leverage ratio

(a)

In general

The funds of a custody bank that are deposited with a central bank shall not be taken into account when calculating the applicable supplementary leverage ratio for the custody bank.

(b)

Limitations

(1)

Amounts

The amount of funds described under subsection (a) shall be limited to—

(A)

the total value of deposits of the custody bank linked to fiduciary or custodial and safekeeping accounts; or

(B)

an amount that is greater than a percentage specified by the appropriate Federal banking agency of the total leverage exposure of the custody bank, based on considerations such as the potential impact on the safety and soundness of the custody bank and the ability of the custody bank to continue to accept cash deposits from customers that are linked to fiduciary or custodial and safekeeping accounts.

(2)

High-quality central bank requirements

Subsection (a) only applies to central banks that are high-quality central banks, including—

(A)

the Federal Reserve System;

(B)

the European Central Bank; and

(C)

central banks of member countries of the Organisation for Economic Co-operation and Development, if—

(i)

the central bank of such member country has been assigned a zero percent risk weight under the final rules titled Regulatory Capital Rules: Regulatory Capital, Implementation of Basel III, Capital Adequacy, Transition Provisions, Prompt Corrective Action, Standardized Approach for Risk-weighted Assets, Market Discipline and Disclosure Requirements, Advanced Approaches Risk-Based Capital Rule, and Market Risk Capital Rule (78 Fed. Reg. 62018; published Oct. 11, 2013, and 79 Fed. Reg. 20754; published April 14, 2014); and

(ii)

the sovereign debt of such member country is not in default or has not been in default during the previous five years.

(c)

Regulations

Not later than 60 days after the date of the enactment of this Act, the appropriate Federal banking agencies shall revise applicable regulations to carry out this Act.

(d)

Definitions

For purposes of this section:

(1)

Appropriate Federal banking agency

The term appropriate Federal banking agency has the meaning given that term under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).

(2)

Custody bank

The term custody bank means a depository institution holding company predominantly engaged in custody, safekeeping, and asset servicing activities, including any insured depository institution subsidiary of such a holding company.

(3)

Depository institution holding company

The term depository institution holding company has the meaning given that term under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).

(4)

Insured depository institution

The term insured depository institution has the meaning given that term under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).

(5)

Supplementary leverage ratio

The term supplementary leverage ratio means the supplementary leverage ratio, including applicable buffers, surcharges, and well-capitalized requirements relating to such supplementary leverage ratio, as defined by regulation of the appropriate Federal banking agency in title 12, Code of Federal Regulations, as in effect on October 1, 2017.

Amend the title so as to read: A bill to ensure that certain funds shall not be taken into account when calculating any supplementary leverage ratio for custody banks, and for other purposes..

April 26, 2018

Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed