TAILOR Act of 2023

Subjects: Finance and Financial Sector

Summary:  <p><strong>Taking Account of Institutions with Low Operation Risk Act of 2023 or the TAILOR Act of 2023</strong></p> <p>This bill addresses the supervision of financial institutions. </p> <p>Federal financial regulatory agencies must (1) tailor any regulatory actions so as to limit burdens on the institutions involved,&nbsp;with consideration of the risk profiles and business models of those institutions; and (2) report to Congress on specific actions taken to do so, as well as on other related issues. The bill's&nbsp;tailoring requirement applies to future regulatory actions and to regulations adopted within the last seven years.</p> <p>The bill also reduces certain reporting requirements for community banks eligible for a simplified capital leverage ratio.</p> <p>Finally, federal banking agencies must report on the modernization of bank supervision, including examiner workforce and training and statutory changes necessary to achieve more effective supervision.

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 362 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 362

 To require the Federal financial institutions regulatory agencies to 
  take risk profiles and business models of institutions into account 
        when taking regulatory actions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2023

 Mr. Rounds (for himself, Ms. Lummis, Mr. Tillis, Mr. Hagerty, and Mr. 
    Daines) introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
 To require the Federal financial institutions regulatory agencies to 
  take risk profiles and business models of institutions into account 
        when taking regulatory actions, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Taking Account of Institutions with 
Low Operation Risk Act of 2023'' or the ``TAILOR Act of 2023''.

SEC. 2. TAILORING REGULATION TO BUSINESS MODEL AND RISK.

    (a) Definitions.--In this section--
            (1) the term ``Federal financial institutions regulatory 
        agency'' means the Office of the Comptroller of the Currency, 
        the Board of Governors of the Federal Reserve System, the 
        Federal Deposit Insurance Corporation, the National Credit 
        Union Administration, and the Bureau of Consumer Financial 
        Protection; and
            (2) the term ``regulatory action''--
                    (A) means any proposed, interim, or final rule or 
                regulation; and
                    (B) does not include any action taken by a Federal 
                financial institutions regulatory agency that is solely 
                applicable to an individual institution, including an 
                enforcement action or order.
    (b) Consideration and Tailoring.--For any regulatory action 
occurring after the date of enactment of this Act, each Federal 
financial institutions regulatory agency shall--
            (1) take into consideration the risk profile and business 
        models of each type of institution or class of institutions 
        subject to the regulatory action; and
            (2) tailor the regulatory action applicable to an 
        institution, or type of institution, in a manner that limits 
        the regulatory impact, including cost, human resource 
        allocation, and other burdens, on the institution or type of 
        institution as is appropriate for the risk profile and business 
        model involved.
    (c) Factors To Consider.--In carrying out the requirements of 
subsection (b), each Federal financial institutions regulatory agency 
shall consider--
            (1) the aggregate impact of all applicable regulatory 
        action on the ability of institutions to flexibly serve their 
        customers and local markets on and after the date of enactment 
        of this Act;
            (2) the potential impact that efforts to implement the 
        regulatory action and third-party service provider actions may 
        work to undercut efforts to tailor the regulatory action 
        described in subsection (b)(2); and
            (3) the statutory provision authorizing the regulatory 
        action, the congressional intent with respect to the statutory 
        provision, and the underlying policy objectives of the 
        regulatory action.
    (d) Notice of Proposed and Final Rulemaking.--Each Federal 
financial institutions regulatory agency shall disclose and document in 
every notice of proposed rulemaking and in any final rulemaking for a 
regulatory action how the agency has applied subsections (b) and (c).
    (e) Reports to Congress.--
            (1) Individual agency reports.--Not later than 1 year after 
        the date of enactment of this Act and annually thereafter, each 
        Federal financial institutions regulatory agency shall submit 
        to the Committee on Banking, Housing, and Urban Affairs of the 
        Senate and the Committee on Financial Services of the House of 
        Representatives a report on the specific actions taken to 
        tailor the regulatory actions of the Federal financial 
        institutions regulatory agency pursuant to the requirements of 
        this section.
    (f) Limited Look-Back Application.--
            (1) In general.--Each Federal financial institutions 
        regulatory agency shall--
                    (A) conduct a review of all regulations issued in 
                final form pursuant to statutes enacted during the 
                period beginning on the date that is 7 years before the 
                date on which this Act is introduced in the Senate and 
                ending on the date of enactment of this Act; and
                    (B) apply the requirements of this section to the 
                regulations described in subparagraph (A).
            (2) Revision.--Any regulation revised under paragraph (1) 
        shall be revised not later than 3 years after the date of 
        enactment of this Act.

SEC. 3. SHORT-FORM CALL REPORTS FOR ALL BANKS ELIGIBLE FOR THE 
              COMMUNITY BANK LEVERAGE RATIO.

    The appropriate Federal banking agencies, as defined in section 3 
of the Federal Deposit Insurance Act (12 U.S.C. 1813), shall promulgate 
regulations establishing a reduced reporting requirement for all banks 
eligible for the Community Bank Leverage Ratio, as defined in section 
201(a) of the Economic Growth, Regulatory Relief, and Consumer 
Protection Act (12 U.S.C. 5371 note), when making the first and third 
report of condition of a year as required by section 7(a) of the 
Federal Deposit Insurance Act (12 U.S.C. 1817(a)).

SEC. 4. REPORT TO CONGRESS ON MODERNIZATION OF SUPERVISION.

    Not later than 18 months after the date of enactment of this Act, 
the appropriate Federal banking agencies, as defined in section 3 of 
the Federal Deposit Insurance Act (12 U.S.C. 1813), in consultation 
with State bank supervisors, shall submit to the Committee on Banking, 
Housing, and Urban Affairs of the Senate and the Committee on Financial 
Services of the House of Representatives a report on the modernization 
of bank supervision, including the following factors:
            (1) Changing bank business models.
            (2) Examiner workforce and training.
            (3) The structure of supervisory activities within banking 
        agencies.
            (4) Improving bank-supervisor communication and 
        collaboration.
            (5) The use of supervisory technology.
            (6) Supervisory factors uniquely applicable to community 
        banks.
            (7) Changes in statutes necessary to achieve more effective 
        supervision.
                                 &lt;all&gt;
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