S. 2155 — what changed
Economic Growth, Regulatory Relief, and Consumer Protection Act
From Introduced in Senate to Reported in Senate. 14 sections amended, 8 added, and 2 removed between Introduced in Senate and Reported in Senate.
Sec. 101 Minimum standards for residential mortgage loans
Section 129C(b)(2) of the Truth in Lending Act (15 U.S.C. 1639c(b)(2)) is amended by adding at the end the following:
“(F) Safe harbor
“(i) Definitions—In this subparagraph—
“(I) the term covered institution means an insured depository institution or an insured credit union that, together with its affiliates, has less than $10,000,000,000 in total consolidated assets;
“(II) the term insured credit union has the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752);
“(III) the term insured depository institution has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813);
“(IV) the term interest-only means that, under the terms of the legal obligation, one or more of the periodic payments may be applied solely to accrued interest and not to loan principal; and
“(V) the term negative amortization means payment of periodic payments that will result in an increase in the principal balance under the terms of the legal obligation.
“(ii) Safe harbor—In this section—
“(I) the term qualified mortgage includes any residential mortgage loan—
“(aa) that is originated and retained in portfolio by a covered institution;
“(bb) that is in compliance with the limitations with respect to prepayment penalties described in subsections (c)(1) and (c)(3);
“(cc) that is in compliance with the requirements of clause (vii) of subparagraph (A);
“(dd) that does not have negative amortization or interest-only features; and
“(ee) for which the covered institution considers and documents the debt, income, and financial resources of the consumer in accordance with clause (iv); and
“(II) a residential mortgage loan described in subclause (I) shall be deemed to meet the requirements of subsection (a).
“(iii) Exception for certain transfers—A residential mortgage loan described in clause (ii)(I) shall not qualify for the safe harbor under clause (ii) if the legal title to the residential mortgage loan is sold, assigned, or otherwise transferred to another person unless the residential mortgage loan is sold, assigned, or otherwise transferred—
“(I) to another person by reason of the bankruptcy or failure of a covered institution;
“(II) to a covered institution so long as the loan is retained in portfolio by the covered institution to which the loan is sold, assigned, or otherwise transferred; or
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“(III) pursuant to a merger of a covered institution with another person or the acquisition of a covered institution by another person or of another person by a covered institution, so long as the loan is retained in portfolio by the person to whom the loan is sold, assigned, or otherwise transferred.transferred.; or
added “(IV) to a wholly owned subsidiary of a covered institution, provided that, after the sale, assignment, or transfer, the residential mortgage loan is considered to be an asset of the covered institution for regulatory accounting purposes.
“(iv) Consideration and documentation requirements—The consideration and documentation requirements described in clause (ii)(I)(ee) shall—
“(I) not be construed to require compliance with, or documentation in accordance with, appendix Q to part 1026 of title 12, Code of Federal Regulations, or any successor regulation; and
“(II) be construed to permit multiple methods of documentation.”
Sec. 103 Exemption from appraisals of real property located in rural areas
Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3331 et seq.) is amended by adding at the end the following:
“1127. Exemption from appraisals of real estate located in rural areas
“(a) Definition—In this section, the term mortgage originator has the meaning given the term in section 103 of the Truth in Lending Act (15 U.S.C. 1602).
“(b) Appraisal not required—Except as provided in subsection (d), notwithstanding any other provision of law, an appraisal in connection with a federally related transaction involving real property or an interest in real property is not required if—
“(1) the real property or interest in real property is located in a rural area, as described in section 1026.35(b)(2)(iv)(A) of title 12, Code of Federal Regulations;
“(2) not later than 3 days after the date on which the Closing Disclosure Form, made in accordance with the final rule of the Bureau of Consumer Financial Protection entitled “Integrated Mortgage Disclosures Under the Real Estate Settlement Procedures Act (Regulation X) and the Truth in Lending Act (Regulation Z)” (78 Fed. Reg. 79730 (December 31, 2013)), relating to the federally related transaction is given to the consumer, the mortgage originator or its agent, directly or indirectly—
“(A) has contacted not fewer than 3 State certified appraisers or State licensed appraisers, as applicable; and
“(B) has documented that no State certified appraiser or State licensed appraiser, as applicable, was available within a reasonable amount of time, as determined by the Federal financial institutions regulatory agency with oversight of the mortgage originator, to perform the appraisal in connection with the federally related transaction;
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“(3) the balance of the loan loantransaction value is less than $400,000; and
“(4) the mortgage originator is subject to oversight by a Federal financial institutions regulatory agency.
“(c) Sale, assignment, or transfer—A mortgage originator that makes a loan without an appraisal under the terms of subsection (b) shall not sell, assign, or otherwise transfer legal title to the loan unless—
“(1) the loan is sold, assigned, or otherwise transferred to another person by reason of the bankruptcy or failure of the mortgage originator;
“(2) the loan is sold, assigned, or otherwise transferred to another person regulated by a Federal financial institutions regulatory agency, so long as the loan is retained in portfolio by the person; or
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“(3) the sale, assignment, or transfer is pursuant to a merger of the mortgage originator with another person or the acquisition of the mortgage originator by another person or of another person by the mortgage originator.originator.; or
added “(4) the sale, loan, or transfer is to a wholly owned subsidiary of the mortgage originator, provided that, after the sale, assignment, or transfer, the loan is considered to be an asset of the mortgage originator for regulatory accounting purposes.
“(d) Exception—Subsection (b) shall not apply if—
“(1) a Federal financial institutions regulatory agency requires an appraisal under section 225.63(c), 323.3(c), 34.43(c), or 722.3(e) of title 12, Code of Federal Regulations; or
“(2) the loan is a high-cost mortgage, as defined in section 103 of the Truth in Lending Act (15 U.S.C. 1602).
“(e) Anti-Evasion—Each Federal financial institutions regulatory agency shall ensure that any mortgage originator that the Federal financial institutions regulatory agency oversees that makes a significant amount of loans under subsection (b) is complying with the requirements of subsection (b)(2) with respect to each loan.”
Sec. 107 Protecting access to manufactured homes
Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended—
“(C) does not include any person who is—
“(i) not otherwise described in subparagraph (A) or (B) and who performs purely administrative or clerical tasks on behalf of a person who is described in any such subparagraph; or
“(ii) a retailer of manufactured or modular homes or an employee of the retailer if the retailer or employee, as applicable—
“(I) does not receive compensation or gain for engaging in activities described in subparagraph (A) that is in excess of any compensation or gain received in a comparable cash transaction;
“(II) discloses to the consumer—
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“(aa) in writing any corporate affiliation with any lender; lendercreditor; and
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“(bb) if the retailer has a corporate affiliation with any lender, lendercreditor, at least 1 unaffiliated lender; lendercreditor; and
“(III) does not directly negotiate with the consumer or lender on loan terms (including rates, fees, and other costs).”
Sec. 109 Escrow requirements relating to certain consumer credit transactions
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Section 129D(c) 129D(c)129D of the Truth in Lending Act (15 U.S.C. 1639d(c)) 1639d(c)1639d) is amended—
“(1) In general—The Bureau”
“(2) Treatment of loans held by smaller institutions—The Bureau shall, by regulation, exempt from the requirements of subsection (a) any loan made by an insured depository institution or an insured credit union secured by a first lien on the principal dwelling of a consumer if—
“(A) the insured depository institution or insured credit union has assets of $10,000,000,000 or less;
“(B) during the preceding calendar year, the insured depository institution or insured credit union and its affiliates originated 1,000 or fewer loans secured by a first lien on a principal dwelling; and
added “(C) the transaction otherwise satisfies the criteria in sections 1026.35(b)(2)(iii)1026.35(b)(2)(iii)(A), 1026.35(b)(2)(iii)(D), and 1026.35(b)(2)(v) of title 12, Code of Federal Regulations, or any successor regulation.”
added “(3) Insured credit union—The term insured credit union has the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752).
added “(4) Insured depository institution—The term insured depository institution has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).”
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“(C) the transaction otherwise satisfies the criteria in sections 1026.35(b)(2)(iii) and 1026.35(b)(2)(v) of title 12, Code of Federal Regulations, or any successor regulation.”
Sec. 201 Capital simplification for qualifying community banks
Sec. 203 Community bank relief
Section 13(h) of the Bank Holding Company Act of 1956 (12 U.S.C. 1851(h)) is amended—
“(A) that functions solely in a trust or fiduciary capacity, if—”
“(B) with—
“(i) not more than $10,000,000,000 of total consolidated assets; and
added “(B) that does not have and is not controlled by a company that has—
added “(i) more than $10,000,000,000 in total consolidated assets; and
“(ii) total trading assets and trading liabilities, as reported on the most recent applicable regulatory filing filed by the institution, that are not more than 5 percent of total consolidated assets.”
Sec. 206 Option for Federal savings associations to operate as covered savings associations
The Home Owners’ Loan Act (12 U.S.C. 1461 et seq.) is amended by inserting after section 5 (12 U.S.C. 1464) the following:
“5A. Election to operate as a covered savings association
“(a) Definition—In this section, the term covered savings association means a Federal savings association that makes an election that is approved under subsection (b).
“(b) Election
“(1) In general—Upon issuance of rules under subsection (f), and in accordance with those rules, a Federal savings association with total consolidated assets equal to or less than $15,000,000,000 may elect to operate as a covered savings association by submitting a notice to the Comptroller of that election.
“(2) Approval—A Federal savings association shall be deemed to be approved to operate as a covered savings association beginning on the date that is 60 days after the date on which the Comptroller receives the notice submitted under paragraph (1), unless the Comptroller notifies the Federal savings association that the Federal savings association is not eligible.
“(c) Rights and duties—Notwithstanding any other provision of law, and except as otherwise provided in this section, a covered savings association shall—
“(1) have the same rights and privileges as a national bank that has the main office of the national bank situated in the same location as the home office of the covered savings association; and
“(2) be subject to the same duties, restrictions, penalties, liabilities, conditions, and limitations that would apply to a national bank described in paragraph (1).
“(d) Treatment of covered savings associations—A covered savings association shall be treated as a Federal savings association for the purposes—
“(1) of governance of the covered savings association, including incorporation, bylaws, boards of directors, shareholders, and distribution of dividends;
“(2) of consolidation, merger, dissolution, conversion (including conversion to a stock bank or to another charter), conservatorship, and receivership; and
“(3) determined by regulation of the Comptroller.
“(e) Existing branches—A covered savings association may continue to operate any branch or agency that the covered savings association operated on the date on which an election under subsection (b) is approved.
“(f) Rule making—The Comptroller shall issue rules to carry out this section—
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“(1) that establish streamlined standards and procedures that clearly identify required documentation or orand timelines for an election under subsection (b);
“(2) that require a Federal savings association that makes an election under subsection (b) to identify specific assets and subsidiaries that—
“(A) do not conform to the requirements for assets and subsidiaries of a national bank; and
“(B) are held by the Federal savings association on the date on which the Federal savings association submits a notice of the election;
“(3) that establish—
“(A) a transition process for bringing the assets and subsidiaries described in paragraph (2) into conformance with the requirements for a national bank; and
“(B) procedures for allowing the Federal savings association to submit to the Comptroller an application to continue to hold assets and subsidiaries described in paragraph (2) after electing to operate as a covered savings association;
“(4) that establish standards and procedures to allow a covered savings association to—
“(A) terminate an election under subsection (b) after an appropriate period of time; and
“(B) make a subsequent election under subsection (b) after terminating an election under subparagraph (A);
“(5) that clarify requirements for the treatment of covered savings associations, including the provisions of law that apply to covered savings associations; and
“(6) as the Comptroller determines necessary in the interests of safety and soundness.
“(g) Grandfathered covered savings associations—Subject to the rules issued under subsection (f), a covered savings association may continue to operate as a covered savings association if, after the date on which the election is made under subsection (b), the covered savings association has total consolidated assets greater than $15,000,000,000.”
Sec. 210 Small public housing agencies
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“38. Small public housing agencies
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“(a) Definitions—In this section:
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“(1) Housing voucher program—The term housing voucher program means a program for tenant-based assistance under section 8.
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“(2) Small public housing agency—The term small public housing agency means a public housing agency—
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“(A) for which the sum of the number of public housing dwelling units administered by the agency and the number of vouchers under section 8(o) administered by the agency is 550 or fewer; and
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“(B) that predominantly operates in a rural area, as described in section 1026.35(b)(2)(iv)(A) of title 12, Code of Federal Regulations.
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“(3) Troubled small public housing agency—The term troubled small public housing agency means a small public housing agency designated by the Secretary as a troubled small public housing agency under subsection (c)(3).
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“(b) Applicability—Except as otherwise provided in this section, a small public housing agency shall be subject to the same requirements as a public housing agency.
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“(c) Program inspections and evaluations
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“(1) Public housing projects
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“(A) Frequency of inspections by secretary—The Secretary shall carry out an inspection of the physical condition of a small public housing agency’s public housing projects not more frequently than once every 3 years, unless the agency has been designated by the Secretary as a troubled small public housing agency based on deficiencies in the physical condition of its public housing projects.
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“(B) Standards—The Secretary shall apply to small public housing agencies the same standards for the acceptable condition of public housing projects that apply to projects assisted under section 8.
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“(2) Housing voucher program—A small public housing agency administering assistance under section 8(o) shall make periodic physical inspections of each assisted dwelling unit not less frequently than once every 3 years to determine whether the unit is maintained in accordance with the requirements under section 8(o)(8)(A).
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“(3) Troubled small public housing agencies
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“(A) Public housing program—Notwithstanding any other provision of law, the Secretary may designate a small public housing agency as a troubled small public housing agency with respect to the public housing program of the small public housing agency if the Secretary determines that the agency has failed to maintain the public housing units of the small public housing agency in a satisfactory physical condition, based upon an inspection conducted by the Secretary.
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“(B) Housing voucher program—Notwithstanding any other provision of law, the Secretary may designate a small public housing agency as a troubled small public housing agency with respect to the housing voucher program of the small public housing agency if the Secretary determines that the agency has failed to comply with the inspection requirements under paragraph (2).
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“(C) Appeals
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“(i) Establishment—The Secretary shall establish an appeals process under which a small public housing agency may dispute a designation as a troubled small public housing agency.
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“(ii) Official—The appeals process established under clause (i) shall provide for a decision by an official who has not been involved, and is not subordinate to a person who has been involved, in the original determination to designate a small public housing agency as a troubled small public housing agency.
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“(D) Corrective action agreement
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“(i) Agreement required—Not later than 60 days after the date on which a small public housing agency is designated as a troubled public housing agency under subparagraph (A) or (B), the Secretary and the small public housing agency shall enter into a corrective action agreement under which the small public housing agency shall undertake actions to correct the deficiencies upon which the designation is based.
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“(ii) Terms of agreement—A corrective action agreement entered into under clause (i) shall—
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“(I) have a term of 1 year, and shall be renewable at the option of the Secretary;
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“(II) provide, where feasible, for technical assistance to assist the public housing agency in curing its deficiencies;
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“(III) provide for—
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“(aa) reconsideration of the designation of the small public housing agency as a troubled small public housing agency not less frequently than annually; and
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“(bb) termination of the agreement when the Secretary determines that the small public housing agency is no longer a troubled small public housing agency; and
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“(IV) provide that in the event of substantial noncompliance by the small public housing agency under the agreement, the Secretary may—
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“(aa) contract with another public housing agency or a private entity to manage the public housing of the troubled small public housing agency;
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“(bb) withhold funds otherwise distributable to the troubled small public housing agency;
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“(cc) assume possession of, and direct responsibility for, managing the public housing of the troubled small public housing agency;
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“(dd) petition for the appointment of a receiver, in accordance with section 6(j)(3)(A)(ii); and
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“(ee) exercise any other remedy available to the Secretary in the event of default under the public housing annual contributions contract entered into by the small public housing agency under section 5.
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“(E) Emergency actions—Nothing in this paragraph may be construed to prohibit the Secretary from taking any emergency action necessary to protect Federal financial resources or the health or safety of residents of public housing projects.
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“(d) Reduction of administrative burdens
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“(1) Exemption—Notwithstanding any other provision of law, a small public housing agency shall be exempt from any environmental review requirements with respect to a development or modernization project having a total cost of not more than $100,000.
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“(2) Streamlined procedures—The Secretary shall, by rule, establish streamlined procedures for environmental reviews of small public housing agency development and modernization projects having a total cost of more than $100,000.”
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“(D) Freeze of consumption levels
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“(i) In general—A small public housing agency, as defined in section 38(a), may elect to be paid for its utility and waste management costs under the formula for a period, at the discretion of the small public housing agency, of not more than 20 years based on the small public housing agency’s average annual consumption during the 3-year period preceding the year in which the election is made (in this subparagraph referred to as the “consumption base level”).
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“(ii) Initial adjustment in consumption base level—The Secretary shall make an initial one-time adjustment in the consumption base level to account for differences in the heating degree day average over the most recent 20-year period compared to the average in the consumption base level.
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“(iii) Adjustments in consumption base level—The Secretary shall make adjustments in the consumption base level to account for an increase or reduction in units, a change in fuel source, a change in resident controlled electricity consumption, or for other reasons.
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“(iv) Savings—All cost savings resulting from an election made by a small public housing agency under this subparagraph—
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“(I) shall accrue to the small public housing agency; and
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“(II) may be used for any public housing purpose at the discretion of the small public housing agency.
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“(v) Third parties—A small public housing agency making an election under this subparagraph—
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“(I) may use, but shall not be required to use, the services of a third party in its energy conservation program; and
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“(II) shall have the sole discretion to determine the source, and terms and conditions, of any financing used for its energy conservation program.”
Sec. 211 Examination cycle
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Section 10(d)(4)(A) of the Federal Deposit Insurance Act (12 U.S.C. 1820(d)(4)(A)) is amended by striking “$1,000,000,000” and inserting “$3,000,000,000”.
Sec. 21009 Small public housing agencies
addedadded “38. Small public housing agencies
added “(a) Definitions—In this section:
added “(1) Housing voucher program—The term housing voucher program means a program for tenant-based assistance under section 8.
added “(2) Small public housing agency—The term small public housing agency means a public housing agency—
added “(A) for which the sum of the number of public housing dwelling units administered by the agency and the number of vouchers under section 8(o) administered by the agency is 550 or fewer; and
added “(B) that predominantly operates in a rural area, as described in section 1026.35(b)(2)(iv)(A) of title 12, Code of Federal Regulations.
added “(3) Troubled small public housing agency—The term troubled small public housing agency means a small public housing agency designated by the Secretary as a troubled small public housing agency under subsection (c)(3).
added “(b) Applicability—Except as otherwise provided in this section, a small public housing agency shall be subject to the same requirements as a public housing agency.
added “(c) Program inspections and evaluations
added “(1) Public housing projects
added “(A) Frequency of inspections by secretary—The Secretary shall carry out an inspection of the physical condition of a small public housing agency’s public housing projects not more frequently than once every 3 years, unless the agency has been designated by the Secretary as a troubled small public housing agency based on deficiencies in the physical condition of its public housing projects. Nothing contained in this subparagraph relieves the Secretary from conducting lead safety inspections or assessments in accordance with procedures established by the Secretary under section 302 of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822).
added “(B) Standards—The Secretary shall apply to small public housing agencies the same standards for the acceptable condition of public housing projects that apply to projects assisted under section 8.
added “(2) Housing voucher program—A smallExcept as required by section 8(o)(8)(F), a small public housing agency administering assistance under section 8(o) shall make periodic physical inspections of each assisted dwelling unit not less frequently than once every 3 years to determine whether the unit is maintained in accordance with the requirements under section 8(o)(8)(A). Nothing contained in this paragraph relieves a small public housing agency from conducting lead safety inspections or assessments in accordance with procedures established by the Secretary under section 302 of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822).
added “(3) Troubled small public housing agencies
added “(A) Public housing program—Notwithstanding any other provision of law, the Secretary may designate a small public housing agency as a troubled small public housing agency with respect to the public housing program of the small public housing agency if the Secretary determines that the agency has failed to maintain the public housing units of the small public housing agency in a satisfactory physical condition, based upon an inspection conducted by the Secretary.
added “(B) Housing voucher program—Notwithstanding any other provision of law, the Secretary may designate a small public housing agency as a troubled small public housing agency with respect to the housing voucher program of the small public housing agency if the Secretary determines that the agency has failed to comply with the inspection requirements under paragraph (2).
added “(C) Appeals
added “(i) Establishment—The Secretary shall establish an appeals process under which a small public housing agency may dispute a designation as a troubled small public housing agency.
added “(ii) Official—The appeals process established under clause (i) shall provide for a decision by an official who has not been involved, and is not subordinate to a person who has been involved, in the original determination to designate a small public housing agency as a troubled small public housing agency.
added “(D) Corrective action agreement
added “(i) Agreement required—Not later than 60 days after the date on which a small public housing agency is designated as a troubled public housing agency under subparagraph (A) or (B), the Secretary and the small public housing agency shall enter into a corrective action agreement under which the small public housing agency shall undertake actions to correct the deficiencies upon which the designation is based.
added “(ii) Terms of agreement—A corrective action agreement entered into under clause (i) shall—
added “(I) have a term of 1 year, and shall be renewable at the option of the Secretary;
added “(II) provide, where feasible, for technical assistance to assist the public housing agency in curing its deficiencies;
added “(III) provide for—
added “(aa) reconsideration of the designation of the small public housing agency as a troubled small public housing agency not less frequently than annually; and
added “(bb) termination of the agreement when the Secretary determines that the small public housing agency is no longer a troubled small public housing agency; and
added “(IV) provide that in the event of substantial noncompliance by the small public housing agency under the agreement, the Secretary may—
added “(aa) contract with another public housing agency or a private entity to manage the public housing of the troubled small public housing agency;
added “(bb) withhold funds otherwise distributable to the troubled small public housing agency;
added “(cc) assume possession of, and direct responsibility for, managing the public housing of the troubled small public housing agency;
added “(dd) petition for the appointment of a receiver, in accordance with section 6(j)(3)(A)(ii); and
added “(ee) exercise any other remedy available to the Secretary in the event of default under the public housing annual contributions contract entered into by the small public housing agency under section 5.
added “(E) Emergency actions—Nothing in this paragraph may be construed to prohibit the Secretary from taking any emergency action necessary to protect Federal financial resources or the health or safety of residents of public housing projects.
added “(d) Reduction of administrative burdens
added “(1) Exemption—Notwithstanding any other provision of law, a small public housing agency shall be exempt from any environmental review requirements with respect to a development or modernization project having a total cost of not more than $100,000.
added “(2) Streamlined procedures—The Secretary shall, by rule, establish streamlined procedures for environmental reviews of small public housing agency development and modernization projects having a total cost of more than $100,000.”
added “(D) Freeze of consumption levels
added “(i) In general—A small public housing agency, as defined in section 38(a), may elect to be paid for its utility and waste management costs under the formula for a period, at the discretion of the small public housing agency, of not more than 20 years based on the small public housing agency’s average annual consumption during the 3-year period preceding the year in which the election is made (in this subparagraph referred to as the “consumption base level”).
added “(ii) Initial adjustment in consumption base level—The Secretary shall make an initial one-time adjustment in the consumption base level to account for differences in the heating degree day average over the most recent 20-year period compared to the average in the consumption base level.
added “(iii) Adjustments in consumption base level—The Secretary shall make adjustments in the consumption base level to account for an increase or reduction in units, a change in fuel source, a change in resident controlled electricity consumption, or for other reasons.
added “(iv) Savings—All cost savings resulting from an election made by a small public housing agency under this subparagraph—
added “(I) shall accrue to the small public housing agency; and
added “(II) may be used for any public housing purpose at the discretion of the small public housing agency.
added “(v) Third parties—A small public housing agency making an election under this subparagraph—
added “(I) may use, but shall not be required to use, the services of a third party in its energy conservation program; and
added “(II) shall have the sole discretion to determine the source, and terms and conditions, of any financing used for its energy conservation program.”
Sec. 2110 Examination cycle
addedadded Section 10(d)(4)(A) of the Federal Deposit Insurance Act (12 U.S.C. 1820(d)(4)(A)) is amended byamended—
Sec. 2121 National securities exchange regulatory parity
addedadded Section 18(b)(1) of the Securities Act of 1933 (15 U.S.C. 77r(b)(1)) is amended—
Sec. 212 International insurance capital standards accountability
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Section 18(b)(1) of the Securities Act of 1933 (15 U.S.C. 77r(b)(1)) is amended—
Sec. 213 Budget transparency for the NCUA
addedadded Section 209(b) of the Federal Credit Union Act (12 U.S.C. 1789(b)) is amended—
added “(1) on an annual basis and prior to the submission of the detailed business-type budget required under paragraph (2)—
added “(A) make publicly available and publish in the Federal Register a draft of the detailed business-type budget; and
added “(B) hold a public hearing, with public notice provided of the hearing, during which the public may submit comments on the draft of the detailed business-type budget;”
Sec. 214 Making online banking initiation legal and easy
addedSec. 301 Protecting consumers’ credit
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Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c–1) is amended—
added “(i) National security freeze
added “(1) Definitions—For purposes of this subsection:
added “(A) The term consumer reporting agency means a consumer reporting agency described in section 603(p).
added “(B) The term proper identification has the meaning of such term as used under section 610.
added “(C) The term security freeze means a restriction that prohibits a consumer reporting agency from disclosing the contents of a consumer report that is subject to such security freeze to any person requesting the consumer report for the purpose of opening a new account involving the extension of credit.
added “(2) Placement of security freeze
added “(A) In general—Upon receiving a direct request from a consumer that a consumer reporting agency place a security freeze, and upon receiving proper identification from the consumer, the consumer reporting agency shall, free of charge, place the security freeze not later than—
added “(i) in the case of a request that is by telephone or electronic means, 1 business day after receiving the request directly from the consumer; or
added “(ii) in the case of a request that is by mail, 3 business days after receiving the request directly from the consumer.
added “(B) Confirmation and additional information—Not later than 5 business days after placing a security freeze under subparagraph (A), a consumer reporting agency shall—
added “(i) send confirmation of the placement to the consumer; and
added “(ii) inform the consumer of—
added “(I) the process by which the consumer may remove the security freeze, including a mechanism to authenticate the consumer; and
added “(II) the consumer’s right described in section 615(d)(1)(D).
added “(C) Notice to third parties—A consumer reporting agency may advise a third party that a security freeze has been placed with respect to a consumer under subparagraph (A).
added “(3) Removal of security freeze
added “(A) In general—A consumer reporting agency shall remove a security freeze placed on the consumer report of a consumer only in the following cases:
added “(i) Upon the direct request of the consumer.
added “(ii) The security freeze was placed due to a material misrepresentation of fact by the consumer.
added “(B) Notice if removal not by request—If a consumer reporting agency removes a security freeze under subparagraph (A)(ii), the consumer reporting agency shall notify the consumer in writing prior to removing the security freeze.
added “(C) Removal of security freeze by consumer request—Except as provided in subparagraph (A)(ii), a security freeze shall remain in place until the consumer directly requests that the security freeze be removed. Upon receiving a direct request from a consumer that a consumer reporting agency remove a security freeze, and upon receiving proper identification from the consumer, the consumer reporting agency shall, free of charge, remove the security freeze not later than—
added “(i) in the case of a request that is by telephone or electronic means, 1 hour after receiving the request for removal; or
added “(ii) in the case of a request that is by mail, 3 business days after receiving the request for removal.
added “(D) Third-party requests—If a third party requests access to a consumer report of a consumer with respect to which a security freeze is in effect, where such request is in connection with an application for credit, and the consumer does not allow such consumer report to be accessed, the third party may treat the application as incomplete.
added “(4) Exceptions—A security freeze shall not apply to the making of a consumer report for use of the following:
added “(A) A person or entity, or a subsidiary, affiliate, or agent of that person or entity, or an assignee of a financial obligation owed by the consumer to that person or entity, or a prospective assignee of a financial obligation owed by the consumer to that person or entity in conjunction with the proposed purchase of the financial obligation, with which the consumer has or had prior to assignment an account or contract including a demand deposit account, or to whom the consumer issued a negotiable instrument, for the purposes of reviewing the account or collecting the financial obligation owed for the account, contract, or negotiable instrument. For purposes of this subparagraph, “reviewing the account” includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.
added “(B) A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted for purposes of facilitating the extension of credit or other permissible use.
added “(C) Any Federal, State, or local agency, law enforcement agency, trial court, or private collection agency acting pursuant to a court order, warrant, or subpoena.
added “(D) A child support agency acting pursuant to part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.).
added “(E) A State or its agents or assigns acting to investigate fraud or acting to investigate or collect delinquent taxes or unpaid court orders or to fulfill any of its other statutory responsibilities, provided such responsibilities are consistent with a permissible purpose under section 604.
added “(F) By a person using credit information for the purposes described under section 604(c).
added “(G) Any person or entity administering a credit file monitoring subscription or similar service to which the consumer has subscribed.
added “(H) Any person or entity for the purpose of providing a consumer with a copy of the consumer’s consumer report or credit score, upon the request of the consumer.
added “(I) Any person using the information in connection with the underwriting of insurance.
added “(J) Any person using the information for employment, tenant, or background screening purposes.
added “(5) Notice of rights—At any time a consumer is required to receive a summary of rights required under section 609, the following notice shall be included:
added “(6) Webpage
added “(A) Consumer reporting agencies—A consumer reporting agency shall establish a webpage that—
added “(i) allows a consumer to request a security freeze;
added “(ii) allows a consumer to request an initial fraud alert;
added “(iii) allows a consumer to request an extended fraud alert;
added “(iv) allows a consumer to request an active duty fraud alert;
added “(v) allows a consumer to opt-out of the use of information in a consumer report to send the consumer a solicitation of credit or insurance, in accordance with section 615(d); and
added “(vi) shall not be the only mechanism by which a consumer may request a security freeze.
added “(B) FTC—The Federal Trade Commission shall establish a single webpage that includes a link to each webpage established under subparagraph (A) within the Federal Trade Commission’s website www.Identitytheft.gov, or a successor website.
added “(j) National protection for files and credit records of minors
added “(1) Definitions—As used in this subsection:
added “(A) The term consumer reporting agency means a consumer reporting agency described in section 603(p).
added “(B) The term minor means an individual who is under the age of 16 years at the time a request for the placement of a security freeze is made.
added “(C) The term minor's representative means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a minor.
added “(D) The term record means a compilation of information that—
added “(i) identifies a minor;
added “(ii) is created by a consumer reporting agency solely for the purpose of complying with this subsection; and
added “(iii) may not be created or used to consider the minor’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.
added “(E) The term security freeze means a restriction that prohibits a consumer reporting agency from disclosing the contents of a consumer report that is the subject of such security freeze or, in the case of a minor for whom the consumer reporting agency does not have a file, a record that is subject to such security freeze to any person requesting the consumer report for the purpose of opening a new account involving the extension of credit.
added “(F) The term sufficient proof of authority means documentation that shows a minor’s representative has authority to act on behalf of a minor and includes—
added “(i) an order issued by a court of law;
added “(ii) a lawfully executed and valid power of attorney;
added “(iii) a document issued by a Federal, State, or local government agency in the United States showing proof of parentage, including a birth certificate; or
added “(iv) with respect to a minor who has been placed in a foster care setting, a written communication from a county welfare department or its agent or designee, or a county probation department or its agent or designee, certifying that the minor is in a foster care setting under its jurisdiction.
added “(G) The term sufficient proof of identification means information or documentation that identifies a minor and a minor’s representative and includes—
added “(i) a social security number or a copy of a social security card issued by the Social Security Administration;
added “(ii) a certified or official copy of a birth certificate issued by the entity authorized to issue the birth certificate; or
added “(iii) a copy of a driver’s license, an identification card issued by the motor vehicle administration, or any other government issued identification.
added “(2) Placement of security freeze for a minor
added “(A) In general—Upon receiving a direct request from a minor’s representative that a consumer reporting agency place a security freeze, and upon receiving sufficient proof of identification and sufficient proof of authority, the consumer reporting agency shall, free of charge, place the security freeze not later than—
added “(i) in the case of a request that is by telephone or electronic means, 1 business day after receiving the request directly from the minor’s representative; or
added “(ii) in the case of a request that is by mail, 3 business days after receiving the request directly from the minor’s representative.
added “(B) Confirmation and additional information—Not later than 5 business days after placing a security freeze under subparagraph (A), a consumer reporting agency shall—
added “(i) send confirmation of the placement to the minor’s representative; and
added “(ii) inform the minor’s representative of the process by which the minor may remove the security freeze, including a mechanism to authenticate the minor’s representative.
added “(C) Creation of file—If a consumer reporting agency does not have a file pertaining to a minor when the consumer reporting agency receives a direct request under subparagraph (A), the consumer reporting agency shall create a record for the minor.
added “(3) Prohibition on release of record or file of minor—After a security freeze has been placed under paragraph (2)(A), and unless the security freeze is removed in accordance with this subsection, a consumer reporting agency may not release the minor’s consumer report, any information derived from the minor’s consumer report, or any record created for the minor.
added “(4) Removal of a minor security freeze
added “(A) In general—A consumer reporting agency shall remove a security freeze placed on the consumer report of a minor only in the following cases:
added “(i) Upon the direct request of the minor’s representative.
added “(ii) Upon the direct request of the minor, if the minor is not under the age of 16 years at the time of the request.
added “(iii) The security freeze was placed due to a material misrepresentation of fact by the minor’s representative.
added “(B) Notice if removal not by request—If a consumer reporting agency removes a security freeze under subparagraph (A)(iii), the consumer reporting agency shall notify the minor’s representative in writing prior to removing the security freeze.
added “(C) Removal of freeze by request—Except as provided in subparagraph (A)(iii), a security freeze shall remain in place until a minor’s representative or minor described in subparagraph (A)(ii) directly requests that the security freeze be removed. Upon receiving a direct request from the minor’s representative or minor described in subparagraph (A)(ii) that a consumer reporting agency remove a security freeze, and upon receiving sufficient proof of identification and sufficient proof of authority, the consumer reporting agency shall, free of charge, remove the security freeze not later than—
added “(i) in the case of a request that is by telephone or electronic means, 1 hour after receiving the request for removal; or
added “(ii) in the case of a request that is by mail, 3 business days after receiving the request for removal.”
added “(J) subsections (i) and (j) of section 605A relating to security freezes;”
removed
“(i) Free annual freeze alerts; additional protections for credit reports of minor consumers
removed
“(1) Definition—In this subsection, the term freeze alert means a restriction placed on the file of a consumer, prohibiting the ability of a consumer reporting agency to furnish to any person, for the purpose of opening a new account involving the extension of credit, the consumer report of the consumer.
removed
“(2) Free annual freeze alert
removed
“(A) In general—Notwithstanding any other provision of State law, once every calendar year, free of charge, upon the direct request of a consumer, or an individual acting on behalf of or as a personal representative of the consumer, a consumer reporting agency that maintains a file on the consumer and has received appropriate proof of the identity of the requester shall provide 1 freeze alert in the file of that consumer that shall remain in effect until the consumer or requester requests that such freeze alert be removed.
removed
“(B) Removal of alert—Notwithstanding any other provision of State law, once every calendar year, free of charge, upon the direct request of a consumer, or an individual acting on behalf of or as a personal representative of the consumer, a consumer reporting agency that receives a request to remove a freeze alert provided under paragraph (1) shall remove such a freeze alert.
removed
“(C) Rule of construction—Nothing in this paragraph shall be construed to limit the authority of a State to require consumer reporting agencies to require freeze alerts free of charge.
removed
“(3) Additional protections for credit reports of minor consumers
removed
“(A) In general—Upon the direct request of an individual acting on behalf of or as a personal representative of a minor, a consumer reporting agency that maintains a file on the minor and has received appropriate proof of the identity of the requester shall include a freeze alert, free of charge, in the file of that minor that shall remain in effect until an individual acting on behalf of or as a personal representative of the minor, or in the case of a minor who is no longer a minor, the minor, requests that such freeze alert be removed.
removed
“(B) Block of information—While a freeze alert under subparagraph (A) is in place, a consumer reporting agency may not release—
removed
“(i) the consumer report of the minor;
removed
“(ii) any information derived from the consumer report of the minor; or
removed
“(iii) any record created for the minor.
removed
“(C) Removal—Notwithstanding any other provision of State law, a consumer reporting agency that receives a request for a freeze alert for a minor or a request to remove a freeze alert for a minor shall provide or remove the freeze alert, as applicable, free of charge.”
Sec. 302 Protecting veterans’ credit
“(z) Veteran—The term veteran has the meaning given the term in section 101 of title 38, United States Code.
“(aa) Veteran's medical debt—The term veteran’s medical debt—
“(1) means a debt of a veteran arising from health care provided in a non-Department of Veterans Affairs facility under the laws administered by the Secretary of Veterans Affairs; and
changed
“(2) includes “(1) means a medical collection debt of a veteran owed to a health care provider in a non-Department of Veterans Affairs facility that was submitted to the Department of Veterans Affairs has wrongfully charged a veteran.”for repayment by the Veterans Choice Fund established by section 802 of the Veterans Access, Choice, and Accountability Act of 2014 (38 U.S.C. 1701 note); and
added “(2) includes medical collection debt that the Department of Veterans Affairs has wrongfully charged a veteran.”
changed
“(7) Any AnyWith respect to a consumer reporting agency described in section 603(p), any information related to a veteran’s medical debt if the date on which the hospital care or medical services was rendered relating to the debt antedates the report by less than 1 year.year if the consumer reporting agency has actual knowledge that the information is related to a veteran’s medical debt and the consumer reporting agency is in compliance with its obligation under section 302(c)(5) of the Economic Growth, Regulatory Relief, and Consumer Protection Act.
changed
“(8) Any AnyWith respect to a consumer reporting agency described in section 603(p), any information related to a fully paid or settled veteran’s medical debt that had been characterized as delinquent, charged off, or in collection.”collection if the consumer reporting agency has actual knowledge that the information is related to a veteran’s medical debt and the consumer reporting agency is in compliance with its obligation under section 302(c)(5) of the Economic Growth, Regulatory Relief, and Consumer Protection Act.”
“(g) Dispute process for veteran’s medical debt
changed
“(1) In general—With respect to a veteran's medical debt of a consumer, the consumer consumer, the veteran may submit a notice described in paragraph (2) along with with, proof of liability of the Department of Veterans Affairs for payment of that debt debt, or documentation that the Department of Veterans Affairs is in the process of making payment for authorized medical services rendered to a consumer reporting agency or a reseller to dispute the inclusion of that debt on a consumer report of the consumer.consumerveteran.
“(2) Notification to veteran—The Department of Veterans Affairs shall submit to a veteran a notice that the Department of Veterans Affairs has assumed liability for part or all of a veteran's medical debt.
changed
“(3) Deletion of information from file—If a consumer reporting agency receives notice and and, proof of liability liability, or documentation under paragraph (1), the consumer reporting agency shall delete all information relating to the veteran’s medical debt from the file of the consumer consumerveteran and notify the furnisher and the consumer consumerveteran of that deletion.”
Sec. 303 Immunity from suit for disclosure of financial exploitation of senior citizens
Sec. 306 Family self-sufficiency program
addedadded “(b) Continuation of prior required programs
added “(1) In general—Each public housing agency that was required to administer a local Family Self-Sufficiency program on the date of enactment of the Economic Growth, Regulatory Relief, and Consumer Protection Act shall operate such local program for, at a minimum, the number of families the agency was required to serve on the date of enactment of such Act, subject only to the availability under appropriations Acts of sufficient amounts for housing assistance and the requirements of paragraph (2).
added “(2) Reduction—The number of families for which a public housing agency is required to operate such local program under paragraph (1) shall be decreased by 1 for each family from any supported rental housing program administered by such agency that, after October 21, 1998, fulfills its obligations under the contract of participation.
added “(3) Exception—The Secretary shall not require a public housing agency to carry out a mandatory program for a period of time upon the request of the public housing agency and upon a determination by the Secretary that implementation is not feasible because of local circumstances, which may include—
added “(A) lack of supportive services accessible to eligible families, which shall include insufficient availability of resources for programs under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.);
added “(B) lack of funding for reasonable administrative costs;
added “(C) lack of cooperation by other units of State or local government; or
added “(D) any other circumstances that the Secretary may consider appropriate.”
added “(c) Eligibility
added “(1) Eligible families—A family is eligible to participate in a local Family Self-Sufficiency program under this section if—
added “(A) at least 1 household member seeks to become and remain employed in suitable employment or to increase earnings; and
added “(B) the household member receives direct assistance under section 8 or resides in a unit assisted under section 8 or 9.
added “(2) Eligible entities—The following entities are eligible to administer a local Family Self-Sufficiency program under this section:
added “(A) A public housing agency administering housing assistance to or on behalf of an eligible family under section 8 or 9.
added “(B) The owner or sponsor of a multifamily property receiving project-based rental assistance under section 8, in accordance with the requirements under subsection (l).”
added “(E) education in pursuit of a post-secondary degree or certification;”
added “(J) homeownership education and assistance; and”
added “(4) Employment—The contract of participation shall require 1 household member of the participating family to seek and maintain suitable employment.”
added “(5) Nonparticipation—Assistance under section 8 or 9 for a family that elects not to participate in a Family Self-Sufficiency program shall not be delayed by reason of such election.”
added “(3) Forfeited escrow—Any amount placed in an escrow account established by an eligible entity for a participating family as required under paragraph (2), that exists after the end of a contract of participation by a household member of a participating family that does not qualify to receive the escrow, shall be used by the eligible entity for the benefit of participating families in good standing.”
added “(i) Family Self-Sufficiency Awards
added “(1) In general—Subject to appropriations, the Secretary shall establish a formula by which annual funds shall be awarded or as otherwise determined by the Secretary for the costs incurred by an eligible entity in administering the Family Self-Sufficiency program under this section.
added “(2) Eligibility for awards—The award established under paragraph (1) shall provide funding for family self-sufficiency coordinators as follows:
added “(A) Base award—An eligible entity serving 25 or more participants in the Family Self-Sufficiency program under this section is eligible to receive an award equal to the costs, as determined by the Secretary, of 1 full-time family self-sufficiency coordinator position. The Secretary may, by regulation or notice, determine the policy concerning the award for an eligible entity serving fewer than 25 such participants, including providing prorated awards or allowing such entities to combine their programs under this section for purposes of employing a coordinator.
added “(B) Additional award—An eligible entity that meets performance standards set by the Secretary is eligible to receive an additional award sufficient to cover the costs of filling an additional family self-sufficiency coordinator position if such entity has 75 or more participating families, and an additional coordinator for each additional 50 participating families, or such other ratio as may be established by the Secretary based on the award allocation evaluation under subparagraph (E).
added “(C) State and regional agencies—For purposes of calculating the award under this paragraph, each administratively distinct part of a State or regional eligible entity may be treated as a separate agency.
added “(D) Determination of number of coordinators—In determining whether an eligible entity meets a specific threshold for funding pursuant to this paragraph, the Secretary shall consider the number of participants enrolled by the eligible entity in its Family Self-Sufficiency program as well as other criteria determined by the Secretary.
added “(E) Award allocation evaluation—The Secretary shall submit to Congress a report evaluating the award allocation under this subsection, and make recommendations based on this evaluation and other related findings to modify such allocation, within 4 years after the date of enactment of the Economic Growth, Regulatory Relief, and Consumer Protection Act, and not less frequently than every 4 years thereafter. The report requirement under this subparagraph shall terminate after the Secretary has submitted 2 such reports to Congress.
added “(3) Renewals and allocation
added “(A) In general—Funds allocated by the Secretary under this subsection shall be allocated in the following order of priority:
added “(i) First priority—Renewal of the full cost of all coordinators in the previous year at each eligible entity with an existing Family Self-Sufficiency program that meets applicable performance standards set by the Secretary.
added “(ii) Second priority—New or incremental coordinator funding authorized under this section.
added “(B) Guidance—If the first priority, as described in subparagraph (A)(i), cannot be fully satisfied, the Secretary may prorate the funding for each eligible entity, as long as—
added “(i) each eligible entity that has received funding for at least 1 part-time coordinator in the prior fiscal year is provided sufficient funding for at least 1 part-time coordinator as part of any such proration; and
added “(ii) each eligible entity that has received funding for at least 1 full-time coordinator in the prior fiscal year is provided sufficient funding for at least 1 full-time coordinator as part of any such proration.
added “(4) Recapture or offset—Any awards allocated under this subsection by the Secretary in a fiscal year that have not been spent by the end of the subsequent fiscal year or such other time period as determined by the Secretary may be recaptured by the Secretary and shall be available for providing additional awards pursuant to paragraph (2)(B), or may be offset as determined by the Secretary. Funds appropriated pursuant to this section shall remain available for 3 years in order to facilitate the re-use of any recaptured funds for this purpose.
added “(5) Performance reporting—Programs under this section shall be required to report the number of families enrolled and graduated, the number of established escrow accounts and positive escrow balances, and any other information that the Secretary may require. Program performance shall be reviewed periodically as determined by the Secretary.
added “(6) Incentives for innovation and high performance—The Secretary may reserve up to 5 percent of the amounts made available under this subsection to provide support to or reward Family Self-Sufficiency programs based on the rate of successful completion, increased earned income, or other factors as may be established by the Secretary.”
added “(l) Programs for tenants in privately owned properties with project-Based assistance
added “(1) Voluntary availability of FSS program—The owner of a privately owned property may voluntarily make a Family Self-Sufficiency program available to the tenants of such property in accordance with procedures established by the Secretary. Such procedures shall permit the owner to enter into a cooperative agreement with a local public housing agency that administers a Family Self-Sufficiency program or, at the owner's option, operate a Family Self-Sufficiency program on its own or in partnership with another owner. An owner, who voluntarily makes a Family Self-Sufficiency program available pursuant to this subsection, may access funding from any residual receipt accounts for the property to hire a family self-sufficiency coordinator or coordinators for their program.
added “(2) Cooperative agreement—Any cooperative agreement entered into pursuant to paragraph (1) shall require the public housing agency to open its Family Self-Sufficiency program waiting list to any eligible family residing in the owner’s property who resides in a unit assisted under project-based rental assistance.
added “(3) Treatment of families assisted under this subsection—A public housing agency that enters into a cooperative agreement pursuant to paragraph (1) may count any family participating in its Family Self-Sufficiency program as a result of such agreement as part of the calculation of the award under subsection (i).
added “(4) Escrow
added “(A) Cooperative agreement—A cooperative agreement entered into pursuant to paragraph (1) shall provide for the calculation and tracking of the escrow for participating residents and for the owner to make available, upon request of the public housing agency, escrow for participating residents, in accordance with paragraphs (2) and (3) of subsection (e), residing in units assisted under section 8.
added “(B) Calculation and tracking by owner—The owner of a privately owned property who voluntarily makes a Family Self-Sufficiency program available pursuant to paragraph (1) shall calculate and track the escrow for participating residents and make escrow for participating residents available in accordance with paragraphs (2) and (3) of subsection (e).
added “(5) Exception—This subsection shall not apply to properties assisted under section 8(o)(13).
added “(6) Suspension of enrollment—In any year, the Secretary may suspend the enrollment of new families in Family Self-Sufficiency programs under this subsection based on a determination that insufficient funding is available for this purpose.”
added “(o) Definitions—In this section:
added “(1) Eligible entity—The term eligible entity means an entity that meets the requirements under subsection (c)(2) to administer a Family Self-Sufficiency program under this section.
added “(2) Eligible family—The term eligible family means a family that meets the requirements under subsection (c)(1) to participate in the Family Self-Sufficiency program under this section.
added “(3) Participating family—The term participating family means an eligible family that is participating in the Family Self-Sufficiency program under this section.”
Sec. 307 Rehabilitation of qualified education loans
addedadded “(E) Rehabilitation of qualified education loans
added “(i) In general—Notwithstanding any other provision of this section, a consumer may request a financial institution to remove from a consumer report a reported default regarding a qualified education loan, and such information shall not be considered inaccurate, if—
added “(I) the financial institution chooses to offer a loan rehabilitation program which includes, without limitation, a requirement of the consumer to make consecutive on-time monthly payments in a number that demonstrates, in the assessment of the financial institution offering the loan rehabilitation program, a renewed ability and willingness to repay the loan; and
added “(II) the requirements of the loan rehabilitation program described in subclause (I) are successfully met.
added “(ii) Banking agencies
added “(I) In general—If a financial institution is supervised by a Federal banking agency, the financial institution shall seek written approval concerning the terms and conditions of the loan rehabilitation program described in clause (i) from the appropriate Federal banking agency.
added “(II) Feedback—An appropriate Federal banking agency shall provide feedback to a financial institution within 120 days of a request for approval under subclause (I).
added “(iii) Limitation
added “(I) In general—A consumer may obtain the benefits available under this subsection with respect to rehabilitating a loan only 1 time per loan.
added “(II) Rule of construction—Nothing in this subparagraph may be construed to require a financial institution to offer a loan rehabilitation program or to remove any reported default from a consumer report as a consideration of a loan rehabilitation program, except as described in clause (i).
added “(iv) Definitions—For purposes of this subparagraph—
added “(I) the term appropriate Federal banking agency has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and
added “(II) the term qualified education loan has the meaning given the term in section 221(d) of the Internal Revenue Code of 1986.”
Sec. 401 Enhanced supervision and prudential standards for certain bank holding companies
“(C) Risks to financial stability and safety and soundness—The Board of Governors may by order or rule promulgated pursuant to section 553 of title 5, United States Code, apply any prudential standard established under this section to any bank holding company or bank holding companies with total consolidated assets equal to or greater than $100,000,000,000 to which the prudential standard does not otherwise apply provided that the Board of Governors—
“(i) determines that application of the prudential standard is appropriate—
“(I) to prevent or mitigate risks to the financial stability of the United States, as described in paragraph (1); or
“(II) to promote the safety and soundness of the bank holding company or bank holding companies; and
“(ii) takes into consideration the bank holding company’s or bank holding companies’ capital structure, riskiness, complexity, financial activities (including financial activities of subsidiaries), size, and any other risk-related factors that the Board of Governors deems appropriate.”
Sec. 402 Supplementary leverage ratio for custodial banks
Sec. 403 Treatment of certain municipal obligations
“(aa) Treatment of certain municipal obligations
“(1) Definitions—In this subsection—
“(A) the term investment grade, with respect to an obligation, has the meaning given the term in section 1.2 of title 12, Code of Federal Regulations, or any successor thereto;
“(B) the term liquid and readily-marketable has the meaning given the term in section 249.3 of title 12, Code of Federal Regulations, or any successor thereto; and
“(C) the term municipal obligation means an obligation of—
“(i) a State or any political subdivision thereof; or
“(ii) any agency or instrumentality of a State or any political subdivision thereof.
“(2) Municipal obligations—For purposes of the final rule entitled “Liquidity Coverage Ratio: Liquidity Risk Measurement Standards” (79 Fed. Reg. 61439 (October 10, 2014)), the final rule entitled “Liquidity Coverage Ratio: Treatment of U.S. Municipal Securities as High-Quality Liquid Assets” (81 Fed. Reg. 21223 (April 11, 2016)), and any other regulation that incorporates a definition of the term high-quality liquid asset or another substantially similar term, the appropriate Federal banking agencies shall treat a municipal obligation as a high-quality liquid asset that is a level 2B liquid asset if that obligation is, as of the date of calculation—
“(A) liquid and readily-marketable; and
“(B) investment grade.”