H.R. 3838 — Introduced in House

I 115th CONGRESS 1st Session H. R. 3838 IN THE HOUSE OF REPRESENTATIVES September 26, 2017Mr. Duffy (for himself, Mr. Kelly of Mississippi, Mr. Thompson of Mississippi, Mr. Harper, and Mr. Lucas) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the appropriate Federal banking agencies to treat certain non-significant investments in the capital of unconsolidated financial institutions as qualifying capital instruments, and for other purposes. 1. Short title This Act may be cited as the Trust Preferred Securities Act of 2017. 2. Treatment of certain non-significant investments in the capital of unconsolidated financial institutions (a) In general Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended— (1) by moving subsection (z) so that it appears after subsection (y); and (2) by adding at the end the following: (aa) Treatment of non-Significant investments in the capital of unconsolidated financial institutions For purposes of 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 any other regulation which incorporates a definition of the term non-significant investments in the capital of unconsolidated financial institutions, the appropriate Federal banking agencies shall provide that investments in trust preferred securities (pooled and individual instruments) by a depository institution or a depository institution holding company shall not be subject to deduction from the regulatory capital of such depository institution or depository institution holding company or any depository institution holding company of such an institution, provided such investments were held prior to July 21, 2010. . (b) Amendment to Basel III Capital Regulations Not later than the end of the 3-month period beginning on the date of the enactment of this Act, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and the Comptroller of the Currency shall amend 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) to implement the amendments made by this Act.