```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4296 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 434
115th CONGRESS
  2d Session
                                H. R. 4296

                          [Report No. 115-574]

  To place requirements on operational risk capital requirements for 
  banking organizations established by an appropriate Federal banking 
                                agency.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 2017

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

                           February 23, 2018

                    Additional sponsor: Mr. Sessions

                           February 23, 2018

  Reported with an amendment, 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 
                           November 8, 2017]

_______________________________________________________________________

                                 A BILL

 
  To place requirements on operational risk capital requirements for 
  banking organizations established by an appropriate Federal banking 
                                agency.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. OPERATIONAL RISK CAPITAL REQUIREMENTS FOR BANKING 
              ORGANIZATIONS.

    (a) In General.--An appropriate Federal banking agency may not 
establish an operational risk capital requirement for banking 
organizations, unless such requirement--
            (1) is based primarily on the risks posed by a banking 
        organization's current activities and businesses;
            (2) is appropriately sensitive to the risks posed by such 
        current activities and businesses;
            (3) is determined under a forward-looking assessment of 
        potential losses that may arise out of a banking organization's 
        current activities, businesses, and exposures, which is not 
        solely based on a banking organization's historical losses; and
            (4) permits adjustments based on qualifying operational 
        risk mitigants.
    (b) Definitions.--For purposes of this section:
            (1) Appropriate federal banking agency.--The term 
        ``appropriate Federal banking agency''--
                    (A) has the meaning given such term under section 3 
                of the Federal Deposit Insurance Act; and
                    (B) means the National Credit Union Administration, 
                in the case of an insured credit union.
            (2) Banking organization.--The term ``banking 
        organization'' means--
                    (A) an insured depository institution (as defined 
                under section 3 of the Federal Deposit Insurance Act);
                    (B) an insured credit union (as defined under 
                section 101 of the Federal Credit Union Act);
                    (C) a depository institution holding company (as 
                defined under section 3 of the Federal Deposit 
                Insurance Act);
                    (D) a company that is treated as a bank holding 
                company for purposes of section 8 of the International 
                Banking Act; and
                    (E) a U.S. intermediate holding company established 
                by a foreign banking organization pursuant to section 
                252.153 of title 12, Code of Federal Regulations.
                                                 Union Calendar No. 434

115th CONGRESS

  2d Session

                               H. R. 4296

                          [Report No. 115-574]

_______________________________________________________________________

                                 A BILL

  To place requirements on operational risk capital requirements for 
  banking organizations established by an appropriate Federal banking 
                                agency.

_______________________________________________________________________

                           February 23, 2018

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