IB Union Calendar No. 654 118th CONGRESS 2d Session H. R. 7440 [Report No. 118–792] IN THE HOUSE OF REPRESENTATIVES February 23, 2024 Mr. McHenry introduced the following bill; which was referred to the Committee on Financial Services December 4, 2024 Additional sponsors: Mr. Donalds and Mr. Emmer December 4, 2024 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 February 23, 2024 A BILL To promote innovation in financial services, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Financial Services Innovation Act of 2024 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Agency identification of regulatory areas. Sec. 4. Establishment or designation of FSIO at agencies. Sec. 5. FSIO Liaison Committee and chair. Sec. 6. Petition to agency. Sec. 7. Agency determination of petition. Sec. 8. Enforceable compliance agreement. Sec. 9. Report to Congress. 2. Definitions In this Act, the following definitions shall apply: (1) Agency The term agency means each of the Board of Governors of the Federal Reserve System, the Bureau of Consumer Financial Protection, the Department of Housing and Urban Development, the Department of the Treasury, the Federal Deposit Insurance Corporation, the Federal Housing Finance Agency, the National Credit Union Administration, the Office of the Comptroller of the Currency, and the Securities and Exchange Commission. (2) Agency regulation The term agency regulation means— (A) a rule (as defined in section 551 of title 5, United States Code) issued by an agency; (B) guidance issued by an agency; or (C) a published, proposed, or interim rule, policy statement, directive, adjudication, or interpretation of an agency. (3) Bank Secrecy Act The term Bank Secrecy Act means— (A) section 21 of the Federal Deposit Insurance Act ( 12 U.S.C. 1829b ); (B) chapter 2 of title I of Public Law 91–508 ( 12 U.S.C. 1951 et seq. ); and (C) subchapter II of chapter 53 of title 31, United States Code. (4) Enforceable compliance agreement The term enforceable compliance agreement means an agreement described under section 8. (5) Financial innovation The term financial innovation means a financial product or service (as defined in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 ))— (A) the delivery of which is enabled by technology; and (B) that is or may be subject to an agency regulation or Federal statute. (6) FSIO The term FSIO means a Financial Services Innovation Office established pursuant to section 4. (7) Person The term person means an individual, partnership, company, corporation, association, trust, estate, cooperative organization, or other entity. 3. Agency identification of regulatory areas Not later than 60 days after the date of the enactment of this Act, and biannually thereafter, each agency shall publish in the Federal Register a nonexclusive list that identifies 3 or more areas of existing agency regulation— (1) that apply or may apply to a financial innovation; and (2) that the agency would consider modifying or waiving if the agency were to receive a petition under section 6 relating to that regulation. 4. Establishment or designation of FSIO at agencies (a) In general Each agency shall establish or designate an office within the agency to be known as the Financial Services Innovation Office . Each such Financial Services Innovation Office shall promote financial innovations and assist persons whose petitions are approved under section 7. (b) Administration Each agency shall designate an individual to serve as the head of the agency’s FSIO. (c) Duties (1) General duties The head of each agency’s FSIO shall— (A) support the development of financial innovations; (B) coordinate with FSIOs at other agencies to share information and data about financial innovations; (C) upon request, coordinate with relevant State regulatory entities to provide information to the public with respect to financial innovations and agency regulations related to such financial innovations; and (D) establish procedures to reduce the regulatory burden of offering a financial innovation to the public and enable greater access to financial innovations. (2) Duties for petitions With respect to a person with an approved petition under section 7, the head of each agency’s FSIO shall— (A) work with the person to address issues of how existing regulatory frameworks of the agency apply to the financial innovation that is the subject of the petition; (B) assist the person in complying with any requirements of the agency with respect to the financial innovation; and (C) assist the person in responding to any challenges to a modification or a waiver granted under subsection (d). (d) Waiver authority The head of each agency, acting through the agency’s FSIO, may modify or waive the application of an agency regulation of the agency or a Federal statute under which the agency has rulemaking authority if— (1) a petition has been approved under section 7; and (2) the agency determines that compliance with such agency regulation or Federal statute would impede the ability of a person to offer the financial innovation that is the subject of the petition. (e) Termination of other programs; transfer of authority (1) In general Not later than 90 days after the establishment or designation of a FSIO at an agency, the agency shall modify any offices or programs at the agency that promote financial innovations or assist persons in offering financial innovations, and merge or transfer the operations of such offices or programs into the FSIO. (2) Transfer of authority On the date that is 90 days after the establishment or designation of a FSIO at an agency, the administration of any rule, policy, or prior agency determinations relating to promoting financial innovations or assisting persons in offering financial innovations, including no-action letters and staff advisory opinions, shall be transferred to the FSIO of that agency. (f) Report Not later than 6 months after the date of the enactment of this Act, and annually thereafter, each agency shall present testimony to the Congress and submit a report to the Congress and to the Financial Stability Oversight Council on the activities of the FSIO of such agency, including a description of the petitions considered, the rationale for acceptance or rejection of petitions, and the efforts of the FSIO to encourage financial innovations. 5. FSIO Liaison Committee and chair (a) Establishment Not later than 60 days after the date of the enactment of this Act, the agencies shall establish a committee to be known as the FSIO Liaison Committee . (b) Members The FSIO Liaison Committee shall be composed of the head of each FSIO described under section 4 and a State banking supervisor selected by the Conference of State Bank Supervisors (or a successor organization). (c) Duties The FSIO Liaison Committee shall— (1) consult on the administration, coordination, and oversight with the FSIO of each agency; (2) facilitate the cooperation of each FSIO to ensure that agencies share information and data on petitions submitted under section 6; (3) monitor proposals for agency regulation and developments related to financial innovations; (4) encourage the application of uniform principles and standards at each FSIO; and (5) facilitate collaboration with relevant State regulatory entities to provide information to the public with respect to financial innovations and agency regulations related to such financial innovations. (d) Meetings The FSIO Liaison Committee shall meet at least twice a year. (e) Chair (1) Establishment The first Chair of the FSIO Liaison Committee shall be elected by the members. The Chair shall serve for a term of 2 years and thereafter the chairmanship shall rotate among the members of the committee. (2) Powers of the Chair The Chair is authorized to carry out the internal administration of the FSIO Liaison Committee, including the appointment and supervision of employees and the distribution of tasks among members, employees, and administrative units. (f) Testimony Not later than 6 months after the date of the enactment of this Act, and annually thereafter, the Chair of the FSIO Liaison Committee shall present testimony to the Congress on the activities of the FSIO Liaison Committee. (g) Funding (1) Compensation of members Each member of the FSIO Liaison Committee shall serve without additional compensation but shall be entitled to reasonable expenses incurred in carrying out official duties as such a member. (2) General expenses The costs and expenses of the FSIO Liaison Committee, including the salaries of employees, shall be split equally between, and paid by, each agency. 6. Petition to agency (a) In general A person may submit a petition to an agency, through the agency’s FSIO, in such form and in such manner as the agency’s FSIO may require, to request to enter into an enforceable compliance agreement containing a modification or waiver of an agency regulation of the agency or the Federal statute under which the agency has rulemaking authority with respect to— (1) the person; or (2) a financial innovation the person offers or intends to offer. (b) Contents In a petition submitted under this section, the person shall— (1) identify any requirement under which the agency has rulemaking authority or the agency regulation of the agency for which the person is requesting a modification or waiver; (2) explain why such modification or waiver is essential to the operation of the person; (3) submit an alternative compliance strategy that proposes a method to comply with such requirement or agency regulation; (4) demonstrate that under the alternative compliance strategy, the financial innovation— (A) would serve the public interest; (B) improves consumer access to a financial product or service; (C) would not present a national security risk to the United States; (D) would meet the purposes of anti-money laundering and countering the financing of terrorism obligations under the Bank Secrecy Act; (E) would not present systemic risk to the United States financial system; and (F) would promote consumer protection; (5) provide a detailed business plan; and (6) propose a date on which an enforceable compliance agreement would terminate and explain why such termination date would be appropriate. (c) Multiparty petitions One or more persons that offer or intend to offer similar financial innovations may jointly submit a petition under this section. (d) Notice and comment (1) In general Not later than 30 days after receiving a petition, the agency that receives the petition shall publish the petition in the Federal Register and provide a 60-day period for public notice and comment. (2) Exception for notice and comment period The agency that receives the petition may waive the notice and comment period described in paragraph (1) if such agency determines that the person submitting the petition is similarly situated to another person that has been granted approval of a petition pursuant to section 7. (3) Confidentiality The agency shall maintain the confidentiality of any nonpublicly available data or information in any petition submitted under this section. The agency shall give reasonable consideration to maintaining the confidentiality of data or information identified by the person in the petition submitted under this section. 7. Agency determination of petition (a) In general Not later than 30 days after the end of the comment period described under section 6 (or if the comment period was waived, not later than 90 days after receipt of a petition under section 6), the head of the agency receiving the petition shall complete a review of the petition and notify the person who submitted the petition, in writing, of the agency’s determination of the petition. (b) Approval of petition (1) In general An agency shall approve a petition if the agency has determined that— (A) the alternative compliance strategy proposed by the person in the petition satisfies the requirements described in section 6(b)(4); and (B) the person who submitted the petition has, with respect to the financial innovation the person offers or intends to offer, sufficiently identified— (i) the regulations and Federal statutes of which the person is seeking waiver or modification; and (ii) other applicable regulations and Federal statutes with which the person intends to comply. (2) Notification to State regulatory agencies If an agency approves a petition, the agency shall, with respect to each State regulatory agency with jurisdiction over the person who submitted the petition or the financial innovation about which the person submitted the petition— (A) notify such State regulatory agency that the agency has approved the petition; and (B) provide such State regulatory agency information about the terms of the enforceable compliance agreement entered into between the person and the agency. (c) Disapproval of petition (1) In general An agency may disapprove a petition if the agency has determined that— (A) the alternative compliance strategy proposed by the person in the petition does not satisfy the requirements described in section 6(b)(4); or (B) the person who submitted the petition has not, with respect to the financial innovation the person offers or intends to offer, sufficiently identified— (i) the regulations and Federal statutes of which the person is seeking waiver or modification; and (ii) other applicable regulations and Federal statutes with which the person intends to comply. (2) Written notice required If an agency disapproves a petition the agency shall provide the person who submitted the petition with a written notice explaining the reason for such disapproval and such written notice shall include a description of— (A) any benefits of disapproving the petition, including an identification of persons likely to benefit from the disapproval of the petition; (B) any costs, including potential costs, of disapproving the petition, including an identification of persons likely to bear the costs associated with the disapproval of the petition; and (C) the baseline used by the agency to determine the likely economic consequences of disapproving the petition. (d) Resubmittal Receipt of a notice of disapproval of a petition under this subsection shall not preclude a person from revising and resubmitting such petition to the agency under section 6. (e) Judicial review A person may seek judicial review of an agency’s determination on a petition in accordance with subchapter II of chapter 5 of title 5, United States Code, and chapter 7 of such title (commonly known as the Administrative Procedure Act ). 8. Enforceable compliance agreement (a) In general If an agency approves a petition under section 7, the person who submitted such petition shall enter into an enforceable compliance agreement with such agency, which shall include— (1) the terms under which the approved financial innovation may be developed or offered to the public; and (2) any requirements of the person and such agency with respect to the financial innovation. (b) Requirements Each agency, by rule, shall establish requirements relating to enforceable compliance agreements that include— (1) procedures for modifying the terms of the agreement; (2) consequences for failure to comply with the terms of the agreement; (3) a compliance examination process that— (A) solicits feedback from other agencies on the agreement; and (B) occurs not less frequently than annually; (4) a termination date for the agreement that is at least 1 year and not more than 3 years after the date on which the agreement is entered into; (5) procedures and standards for extending the termination date, including procedures and standards for evaluating the effectiveness of the agreement; and (6) procedures for maintaining the confidentiality of any information disclosed to the agency during the process of drafting and entering into agreement. (c) Joining of agreement by additional agencies With respect to a financial innovation that is the subject of an enforceable compliance agreement entered into under this section, an agency that did not enter into such enforceable compliance agreement may join as a party to the enforceable compliance agreement entered into pursuant to this section. (d) Enforcement actions by non-party agencies An agency that is not a party to an enforceable compliance agreement entered into under this section— (1) may not attempt to enforce, against the person who is party to the enforceable compliance agreement, any regulation or Federal statute modified or waived by the enforceable compliance agreement; and (2) may continue to enforce, against the person who is party to the enforceable compliance agreement, any regulation or Federal law over which the agency has enforcement authority that has not been modified or waived by the enforceable compliance agreement. (e) Arbitration A person who is party to the enforceable compliance agreement may elect to arbitrate any action initiated by another person relating to a financial innovation that is the subject of the enforceable compliance agreement. (f) Rule of construction Nothing in this Act shall be construed to limit the ability of an agency to enforce the requirements of an enforceable compliance agreement entered into under this Act. 9. Report to Congress Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Financial Stability Oversight Council shall submit to the Congress a report on the aggregate impact of enforceable compliance agreements entered into under this Act, which shall include— (1) the number and characteristics of the agreements; (2) the most innovative and least burdensome tools that the agencies’ FSIOs have implemented to allow a financial innovation that is the subject of an enforceable compliance agreement to be offered; (3) strategies implemented to coordinate and facilitate cooperation among FSIOs; (4) the existing Federal laws, regulations, or practices that the Financial Stability Oversight Council identifies as the most burdensome to innovation that adversely affect competition in the financial services industry, or that restrict improvements for consumers of financial products or services; and (5) an identification of the overlap or fragmentation of agency regulations of financial products or services and recommendations for reducing, consolidating, or eliminating such overlap or fragmentation.

December 4, 2024 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed