Title: Bailout Prevention Act of 2017
Policy area: Finance and Financial Sector

Summary:
Bailout Prevention Act of 2017
This bill amends the Federal Reserve Act to declare a borrower ineligible to borrow from any emergency lending program or facility unless the Board of Governors of the Federal Reserve System (the Board) and all federal banking regulators with jurisdiction over the borrower certify that, at the time the borrower initially borrows under the program or facility, the borrower is not insolvent. Solvency shall be assessed by examining the last four months of relevant financial data and determining whether the fair value of the borrower's assets exceeds its liabilities, with appropriate adjustment for temporary illiquidity in the relevant markets.
A borrower shall be deemed insolvent for such purposes if it is in bankruptcy, resolution under title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act, or any other federal or state insolvency proceedings, or is a bridge financial company or a bridge depository institution.
A program shall be considered one with "broad-based eligibility" only if at least five companies are eligible to participate in the program in a significant manner.
The annual interest rate for emergency lending must be at least 500 basis points greater than the cost of borrowing for the Treasury for a commensurate loan term.
The Board may create an emergency lending program or facility that does not meet the broad-based eligibility requirement or the interest rate requirement, but only if Congress enacts into law a joint resolution of approval within 30 days.
The bill reduces the timing of various reporting requirements of the Government Accountability Office and the Board from 1-2 years to 60 days.




[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 595 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 595

 To amend the Federal Reserve Act to reform the Federal Reserve System.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 20, 2017

 Mr. Capuano introduced the following bill; which was referred to the 
 Committee on Financial Services, and in addition to the Committees on 
    Rules, and Oversight and Government Reform, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Reserve Act to reform the Federal Reserve System.

    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 ``Bailout Prevention Act of 2017''.

SEC. 2. DISCOUNTS FOR INDIVIDUALS, PARTNERSHIPS, AND CORPORATIONS.

    Section 13(3)(B) of the Federal Reserve Act (12 U.S.C. 343(3)(B)) 
is amended by striking clauses (ii) and (iii) and inserting the 
following:
                    ``(ii)(I) The Board shall establish procedures to 
                prohibit borrowing from programs and facilities by 
                borrowers that are insolvent. A borrower shall not be 
                eligible to borrow from any emergency lending program 
                or facility unless the Board and all Federal banking 
                regulators with jurisdiction over the borrower certify 
                that, at the time the borrower initially borrows under 
                the program or facility, the borrower is not insolvent. 
                Solvency shall be assessed by examining the last 4 
                months of relevant financial data and determining 
                whether the fair value of the borrower's assets exceeds 
                the fair value of the borrower's liabilities, with 
                appropriate adjustment for temporary illiquidity in 
                relevant markets.
                    ``(II) A borrower shall be considered insolvent for 
                purposes of this subparagraph if the borrower is--
                            ``(aa) in bankruptcy, resolution under 
                        title II of the Dodd-Frank Wall Street Reform 
                        and Consumer Protection Act (12 U.S.C. 5381 et 
                        seq.), or any other Federal or State insolvency 
                        proceeding; or
                            ``(bb) a bridge financial company (as 
                        defined in section 201(a) of the Dodd-Frank 
                        Wall Street Reform and Consumer Protection Act 
                        (12 U.S.C. 5381(a))) or a bridge depository 
                        institution (as defined in section 3 of the 
                        Federal Deposit Insurance Act (12 U.S.C. 
                        1813)).
                    ``(III) If the Board or any other banking regulator 
                makes a certification of solvency, the Board or banking 
                regulator, as applicable, shall issue a contemporaneous 
                public statement providing a detailed explanation of 
                the certification decision.
                    ``(iii) A program or facility shall be considered a 
                program or facility with broad-based eligibility only 
                if not fewer than 5 companies are eligible to 
                participate in the program or facility in a significant 
                manner.''.

SEC. 3. PENALTY RATE REQUIREMENT; CONGRESSIONAL APPROVAL REQUIREMENT.

    Section 13(3) of the Federal Reserve Act (12 U.S.C. 343(3)) is 
amended by adding at the end the following:
                    ``(F) Any emergency lending under this paragraph 
                shall be provided at an annual interest rate not less 
                than 500 basis points greater than the cost of 
                borrowing for the United States Treasury for a 
                commensurate loan term.
                    ``(G)(i) If the Board determines that the Board 
                shall create an emergency lending program or facility 
                that does not comply with the broad-based eligibility 
                requirement described in subparagraph (B)(iii) or the 
                penalty rate requirement described in subparagraph (F), 
                the Board--
                            ``(I) may create such a program or 
                        facility; and
                            ``(II) not later than 3 days after the date 
                        on which a program or facility is created under 
                        clause (i), shall submit to Congress a report 
                        that describes the reasons why the Board is 
                        unable to comply with any requirement described 
                        in the matter preceding subclause (I).
                    ``(ii)(I) A program or facility created under 
                clause (i)(I) shall terminate on the date that is 30 
                calendar days after the date on which Congress receives 
                a report described in clause (i)(II) unless there is 
                enacted into law a joint resolution approving the 
                program or facility not later than 30 calendar days 
                after the date on which the report is received. Any 
                loan offered through the program or facility that are 
                outstanding as of the date on which the facility is 
                terminated shall be repaid in full not later than 30 
                calendar days after the date on which the program or 
                facility is terminated.
                    ``(II) For the purpose of this section, the term 
                `joint resolution' means only a joint resolution--
                            ``(aa) that is introduced not later than 3 
                        calendar days after the date on which the 
                        report referred to in clause (i)(I) is received 
                        by Congress;
                            ``(bb) that does not have a preamble;
                            ``(cc) the title of which is as follows: 
                        `Joint resolution relating to the approval of a 
                        program or facility created by the Board of 
                        Governors of the Federal Reserve System'; and
                            ``(dd) the matter after the resolving 
                        clause of which is as follows: `That Congress 
                        approves the program or facility created by the 
                        Board of Governors of the Federal Reserve 
                        System on __________.' (The blank space being 
                        appropriately filled in).
                    ``(III)(aa) Upon receipt of a report under 
                subsection (a)(3), the Speaker, if the House would 
                otherwise be adjourned, shall notify the Members of the 
                House that, pursuant to this section, the House shall 
                convene not later than the second calendar day after 
                receipt of such report.
                    ``(bb) Any committee of the House of 
                Representatives to which a joint resolution is referred 
                shall report it to the House not later than 5 calendar 
                days after the date of receipt of the report described 
                in clause (i)(II). If a committee fails to report the 
                joint resolution within that period, the committee 
                shall be discharged from further consideration of the 
                joint resolution and the joint resolution shall be 
                referred to the appropriate calendar.
                    ``(cc) After each committee authorized to consider 
                a joint resolution reports it to the House or has been 
                discharged from its consideration, it shall be in 
                order, not later than the sixth day after Congress 
                receives the report described in clause (i)(II), to 
                move to proceed to consider the joint resolution in the 
                House. All points of order against the motion are 
                waived. Such a motion shall not be in order after the 
                House has disposed of a motion to proceed on the joint 
                resolution. The previous question shall be considered 
                as ordered on the motion to its adoption without 
                intervening motion. The motion shall not be debatable. 
                A motion to reconsider the vote by which the motion is 
                disposed of shall not be in order.
                    ``(dd) The joint resolution shall be considered as 
                read. All points of order against the joint resolution 
                and against its consideration are waived. The previous 
                question shall be considered as ordered on the joint 
                resolution to its passage without intervening motion 
                except 2 hours of debate equally divided and controlled 
                by the proponent and an opponent. A motion to 
                reconsider the vote on passage of the joint resolution 
                shall not be in order.
                    ``(IV)(aa) Upon receipt of a report under clause 
                (i)(II), if the Senate has adjourned or recessed for 
                more than 2 days, the majority leader of the Senate, 
                after consultation with the minority leader of the 
                Senate, shall notify the Members of the Senate that, 
                pursuant to this subparagraph, the Senate shall convene 
                not later than the second calendar day after receipt of 
                such message.
                    ``(bb) Upon introduction in the Senate, the joint 
                resolution shall be placed immediately on the calendar.
                    ``(cc)(AA) Notwithstanding Rule XXII of the 
                Standing Rules of the Senate, it is in order at any 
                time during the period beginning on the fourth day 
                after the date on which Congress receives a report 
                described in clause (i)(II) and ending on the sixth day 
                after the date on which Congress receives the report 
                (even though a previous motion to the same effect has 
                been disagreed to) to move to proceed to the 
                consideration of the joint resolution, and all points 
                of order against the joint resolution (and against 
                consideration of the joint resolution) are waived. The 
                motion to proceed is not debatable. The motion is not 
                subject to a motion to postpone. A motion to reconsider 
                the vote by which the motion is agreed to or disagreed 
                to shall not be in order. If a motion to proceed to the 
                consideration of the resolution is agreed to, the joint 
                resolution shall remain the unfinished business until 
                disposed of.
                    ``(BB) Debate on the joint resolution, and on all 
                debatable motions and appeals in connection therewith, 
                shall be limited to not more than 10 hours, which shall 
                be divided equally between the majority and minority 
                leaders or their designees. A motion further to limit 
                debate is in order and not debatable. An amendment to, 
                or a motion to postpone, or a motion to proceed to the 
                consideration of other business, or a motion to 
                recommit the joint resolution is not in order.
                    ``(CC) The vote on passage shall occur immediately 
                following the conclusion of the debate on a joint 
                resolution, and a single quorum call at the conclusion 
                of the debate if requested in accordance with the rules 
                of the Senate.
                    ``(DD) Appeals from the decisions of the Chair 
                relating to the application of the rules of the Senate, 
                as the case may be, to the procedure relating to a 
                joint resolution shall be decided without debate.
                    ``(V)(aa) If, before the passage by one House of a 
                joint resolution of that House, that House receives 
                from the other House a joint resolution, then the 
                following procedures shall apply:
                            ``(AA) The joint resolution of the other 
                        House shall not be referred to a committee.
                            ``(BB) With respect to a joint resolution 
                        of the House receiving the resolution--
                            ``(CC) the procedure in that House shall be 
                        the same as if no joint resolution had been 
                        received from the other House; but
                            ``(DD) the vote on passage shall be on the 
                        joint resolution of the other House.
                    ``(bb) If one House fails to introduce or consider 
                a joint resolution under this section, the joint 
                resolution of the other House shall be entitled to 
                expedited floor procedures under this section.
                    ``(cc) If, following passage of the joint 
                resolution in the Senate, the Senate then receives the 
                companion measure from the House of Representatives, 
                the companion measure shall not be debatable.
                    ``(dd) If the President vetoes the joint 
                resolution, the period beginning on the date the 
                President vetoes the joint resolution and ending on the 
                date the Congress receives the veto message with 
                respect to the joint resolution shall be disregarded in 
                computing the 30-calendar-day period described in 
                subclause (I) and debate on a veto message in the 
                Senate under this section shall be 1 hour equally 
                divided between the majority and minority leaders or 
                their designees.
                    ``(ee) This subclause and subclauses (II), (III), 
                and (IV) are enacted by Congress--
                            ``(AA) as an exercise of the rulemaking 
                        power of the Senate and House of 
                        Representatives, respectively, and as such it 
                        is deemed a part of the rules of each House, 
                        respectively, but applicable only with respect 
                        to the procedure to be followed in that House 
                        in the case of a joint resolution, and it 
                        supersedes other rules only to the extent that 
                        it is inconsistent with such rules; and
                            ``(BB) with full recognition of the 
                        constitutional right of either House to change 
                        the rules (so far as relating to the procedure 
                        of that House) at any time, in the same manner, 
                        and to the same extent as in the case of any 
                        other rule of that House.''.

SEC. 4. PUBLIC DISCLOSURE OF INFORMATION RELATED TO CREDIT FACILITIES.

    (a) Reports on GAO Audits.--Section 714(f)(3)(C)(iii) of title 31, 
United States Code, is amended--
            (1) by striking ``1 year'' and inserting ``60 days''; and
            (2) by striking ``24 months'' and inserting ``60 days''.
    (b) Public Disclosures by the Board of Governors.--Section 11 of 
the Federal Reserve Act (12 U.S.C. 248) is amended--
            (1) in the first subsection (s) (relating to transparency 
        and the release of information)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``1 
                        year'' and inserting ``60 days''; and
                            (ii) in subparagraph (B), by striking ``the 
                        last day of the eighth calendar quarter 
                        following the calendar quarter in which'' and 
                        inserting ``the date that is 60 days after the 
                        date on which''; and
                    (B) in paragraph (5), by striking ``24-month'' and 
                inserting ``60 days''; and
            (2) by redesignating the second subsection (s) (relating to 
        assessments, fees, and other charges) as subsection (t).
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