H.R. 3978 — what changed

added Section 4(a) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2603(a)) is amended—

added “(g) Procedure for obtaining certain intellectual property—The Commission is not authorized to compel under this title a person to produce or furnish algorithmic trading source code or similar intellectual property that forms the basis for design of the algorithmic trading source code, to the Commission unless the Commission first issues a subpoena.”

added “(e) Procedure for obtaining certain intellectual property—The Commission is not authorized to compel under this title a person to produce or furnish algorithmic trading source code or similar intellectual property that forms the basis for design of the algorithmic trading source code, to the Commission unless the Commission first issues a subpoena.”

added “(e) Procedure for obtaining certain intellectual property—The Commission is not authorized to compel under this title an investment company to produce or furnish algorithmic trading source code or similar intellectual property that forms the basis for design of the algorithmic trading source code, to the Commission unless the Commission first issues a subpoena.”

added “(f) Procedure for obtaining certain intellectual property—The Commission is not authorized to compel under this title an investment adviser to produce or furnish algorithmic trading source code or similar intellectual property that forms the basis for design of the algorithmic trading source code, to the Commission unless the Commission first issues a subpoena.”

added Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is amended by adding at the end the following:

added “(d) Temporary exemption for low-Revenue issuers

added “(1) Low-revenue exemption—Subsection (b) shall not apply with respect to an audit report prepared for an issuer that—

added “(A) ceased to be an emerging growth company on the last day of the fiscal year of the issuer following the fifth anniversary of the date of the first sale of common equity securities of the issuer pursuant to an effective registration statement under the Securities Act of 1933;

added “(B) had average annual gross revenues of less than $50,000,000 as of its most recently completed fiscal year; and

added “(C) is not a large accelerated filer.

added “(2) Expiration of temporary exemption—An issuer ceases to be eligible for the exemption described under paragraph (1) at the earliest of—

added “(A) the last day of the fiscal year of the issuer following the tenth anniversary of the date of the first sale of common equity securities of the issuer pursuant to an effective registration statement under the Securities Act of 1933;

added “(B) the last day of the fiscal year of the issuer during which the average annual gross revenues of the issuer exceed $50,000,000; or

added “(C) the date on which the issuer becomes a large accelerated filer.

added “(3) Definitions—For purposes of this subsection:

added “(A) Average annual gross revenues—The term average annual gross revenues means the total gross revenues of an issuer over its most recently completed three fiscal years divided by three.

added “(B) Emerging growth company—The term “emerging growth company” has the meaning given such term under section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c).

added “(C) Large accelerated filer—The term “large accelerated filer” has the meaning given that term under section 240.12b–2 of title 17, Code of Federal Regulations, or any successor thereto.”

added Section 18(b)(1) of the Securities Act of 1933 (15 U.S.C. 77r(b)(1)) is amended—

added “1518. Employment transition of loan originators

added “(a) Temporary authority To originate loans for loan originators moving from a depository institution to a non-Depository institution

added “(1) In general—Upon employment by a State-licensed mortgage company, an individual who is a registered loan originator shall be deemed to have temporary authority to act as a loan originator in an application State for the period described in paragraph (2) if the individual—

added “(A) has not had an application for a loan originator license denied, or had such a license revoked or suspended in any governmental jurisdiction;

added “(B) has not been subject to or served with a cease and desist order in any governmental jurisdiction or as described in section 1514(c);

added “(C) has not been convicted of a felony that would preclude licensure under the law of the application State;

added “(D) has submitted an application to be a State-licensed loan originator in the application State; and

added “(E) was registered in the Nationwide Mortgage Licensing System and Registry as a loan originator during the 12-month period preceding the date of submission of the information required under section 1505(a).

added “(2) Period—The period described in paragraph (1) shall begin on the date that the individual submits the information required under section 1505(a) and shall end on the earliest of—

added “(A) the date that the individual withdraws the application to be a State-licensed loan originator in the application State;

added “(B) the date that the application State denies, or issues a notice of intent to deny, the application;

added “(C) the date that the application State grants a State license; or

added “(D) the date that is 120 days after the date on which the individual submits the application, if the application is listed on the Nationwide Mortgage Licensing System and Registry as incomplete.

added “(b) Temporary authority To originate loans for State-Licensed loan originators moving interstate

added “(1) In general—A State-licensed loan originator shall be deemed to have temporary authority to act as a loan originator in an application State for the period described in paragraph (2) if the State-licensed loan originator—

added “(A) meets the requirements of subparagraphs (A), (B), (C), and (D) of subsection (a)(1);

added “(B) is employed by a State-licensed mortgage company in the application State; and

added “(C) was licensed in a State that is not the application State during the 30-day period preceding the date of submission of the information required under section 1505(a) in connection with the application submitted to the application State.

added “(2) Period—The period described in paragraph (1) shall begin on the date that the State-licensed loan originator submits the information required under section 1505(a) in connection with the application submitted to the application State and end on the earliest of—

added “(A) the date that the State-licensed loan originator withdraws the application to be a State-licensed loan originator in the application State;

added “(B) the date that the application State denies, or issues a notice of intent to deny, the application;

added “(C) the date that the application State grants a State license; or

added “(D) the date that is 120 days after the date on which the State-licensed loan originator submits the application, if the application is listed on the Nationwide Mortgage Licensing System and Registry as incomplete.

added “(c) Applicability

added “(1) Any person employing an individual who is deemed to have temporary authority to act as a loan originator in an application State pursuant to this section shall be subject to the requirements of this title and to applicable State law to the same extent as if such individual was a State-licensed loan originator licensed by the application State.

added “(2) Any individual who is deemed to have temporary authority to act as a loan originator in an application State pursuant to this section and who engages in residential mortgage loan origination activities shall be subject to the requirements of this title and to applicable State law to the same extent as if such individual was a State-licensed loan originator licensed by the application State.

added “(d) Definitions—In this section, the following definitions shall apply:

added “(1) State-licensed mortgage company—The term State-licensed mortgage company means an entity licensed or registered under the law of any State to engage in residential mortgage loan origination and processing activities.

added “(2) Application State—The term application State means a State in which a registered loan originator or a State-licensed loan originator seeks to be licensed.”

added Section 1513 of the S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5112) is amended by striking “are loan originators or are applying for licensing or registration as loan originators.” and inserting “have applied, are applying, or are currently licensed or registered through the Nationwide Mortgage Licensing System and Registry. The previous sentence shall only apply to persons in an industry with respect to which persons were licensed or registered through the Nationwide Mortgage Licensing System and Registry on the date of the enactment of this sentence.”.

added This title and the amendments made by this title shall take effect on the date that is 18 months after the date of the enactment of this Act.