Federal Savings Association Charter Flexibility Act of 2017

Bill: 115-hr-1426
Sponsor: full_name: Rep. Rothfus, Keith J. [R-PA-12]
Introduced: 2017-03-08
Policy area: Finance and Financial Sector
Subjects: Administrative law and regulatory procedures

Banking and financial institutions regulation

Department of the Treasury
Latest action: action_date: 2018-01-30
text: Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Summaries:
action_date: 2017-03-08
action_desc: Introduced in House
text: <p><b>Federal Savings Association Charter Flexibility Act of 2017</b></p> <p>This bill amends the Home Owners' Loan Act to permit a federal savings association to elect to operate, subject to supervision by the Office of the Comptroller of the Currency, with the same rights and duties as a national bank. </p>

action_date: 2018-01-29
action_desc: Passed House without amendment
text: <p>(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)</p> <p><b>Federal Savings Association Charter Flexibility Act of 2017</b></p> <p>(Sec. 2) This bill amends the Home Owners' Loan Act to permit a federal savings association to elect to operate, subject to supervision by the Office of the Comptroller of the Currency, with the same rights and duties as a national bank (including operating without certain lending restrictions). </p>

tv_txt: I 115th CONGRESS 1st Session H. R. 1426 IN THE HOUSE OF REPRESENTATIVES March 8, 2017 Mr. Rothfus (for himself and Mr. Himes ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Home Owners’ Loan Act to allow Federal savings associations to elect to operate as national banks, and for other purposes.

1. Short title This Act may be cited as the Federal Savings Association Charter Flexibility Act of 2017 . 2. Option for Federal savings associations to operate as a covered savings association The Home Owners’ Loan Act is amended by inserting after section 5 ( 12 U.S.C. 1464 ) the following: 5A. Election to operate as a covered savings association (a) Definition In this section, the term covered savings association means a Federal savings association that makes an election approved under subsection (b). (b) Election (1) In general Upon issuance of the rules described in subsection (f), a Federal savings association may elect to operate as a covered savings association by submitting a notice to the Comptroller of such election. (2) Approval A Federal savings association shall be deemed to be approved to operate as a covered savings association on the date that is 60 days after the date on which the Comptroller receives the notice under paragraph (1), unless the Comptroller notifies the Federal savings association otherwise. (c) Rights and duties Notwithstanding any other provision of law and except as otherwise provided in this section, a covered savings association shall— (1) have the same rights and privileges as a national bank that has its main office situated in the same location as the home office of the covered savings association; and (2) be subject to the same duties, restrictions, penalties, liabilities, conditions, and limitations that would apply to such a national bank. (d) Treatment of covered savings associations A covered savings association shall be treated as a Federal savings association for the purposes— (1) of governance of the covered savings association, including incorporation, bylaws, boards of directors, shareholders, and distribution of dividends; (2) of consolidation, merger, dissolution, conversion (including conversion to a stock bank or to another charter), conservatorship, and receivership; and (3) determined by regulation of the Comptroller. (e) Existing branches A covered savings association may continue to operate any branch or agency the covered savings association operated on the date on which an election under subsection (b) is approved. (f) Rulemaking The Comptroller shall issue rules to carry out this section— (1) that establish streamlined standards and procedures that clearly identify required documentation or timelines for an election under subsection (b); (2) that require a Federal savings association that makes an election under subsection (b) to identify specific assets and subsidiaries— (A) that do not conform to the requirements for assets and subsidiaries of a national bank; and (B) that are held by the Federal savings association on the date on which the Federal savings association submits a notice of such election; (3) that establish— (A) a transition process for bringing such assets and subsidiaries into conformance with the requirements for a national bank; and (B) procedures for allowing the Federal savings association to provide a justification for grandfathering such assets and subsidiaries after electing to operate as a covered savings association; (4) that establish standards and procedures to allow a covered savings association to terminate an election under subsection (b) after an appropriate period of time or to make a subsequent election; (5) that clarify requirements for the treatment of covered savings associations, including the provisions of law that apply to covered savings associations; and (6) as the Comptroller deems necessary and in the interests of safety and soundness. .

tv_txt: I 115th CONGRESS 2d Session H. R. 1426 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Home Owners’ Loan Act to allow Federal savings associations to elect to operate as national banks, and for other purposes.

1. Short title This Act may be cited as the Federal Savings Association Charter Flexibility Act of 2017 . 2. Option for Federal savings associations to operate as a covered savings association The Home Owners’ Loan Act is amended by inserting after section 5 ( 12 U.S.C. 1464 ) the following: 5A. Election to operate as a covered savings association (a) Definition In this section, the term covered savings association means a Federal savings association that makes an election approved under subsection (b). (b) Election (1) In general Upon issuance of the rules described in subsection (f), a Federal savings association may elect to operate as a covered savings association by submitting a notice to the Comptroller of such election. (2) Approval A Federal savings association shall be deemed to be approved to operate as a covered savings association on the date that is 60 days after the date on which the Comptroller receives the notice under paragraph (1), unless the Comptroller notifies the Federal savings association otherwise. (c) Rights and duties Notwithstanding any other provision of law and except as otherwise provided in this section, a covered savings association shall— (1) have the same rights and privileges as a national bank that has its main office situated in the same location as the home office of the covered savings association; and (2) be subject to the same duties, restrictions, penalties, liabilities, conditions, and limitations that would apply to such a national bank. (d) Treatment of covered savings associations A covered savings association shall be treated as a Federal savings association for the purposes— (1) of governance of the covered savings association, including incorporation, bylaws, boards of directors, shareholders, and distribution of dividends; (2) of consolidation, merger, dissolution, conversion (including conversion to a stock bank or to another charter), conservatorship, and receivership; and (3) determined by regulation of the Comptroller. (e) Existing branches A covered savings association may continue to operate any branch or agency the covered savings association operated on the date on which an election under subsection (b) is approved. (f) Rulemaking The Comptroller shall issue rules to carry out this section— (1) that establish streamlined standards and procedures that clearly identify required documentation or timelines for an election under subsection (b); (2) that require a Federal savings association that makes an election under subsection (b) to identify specific assets and subsidiaries— (A) that do not conform to the requirements for assets and subsidiaries of a national bank; and (B) that are held by the Federal savings association on the date on which the Federal savings association submits a notice of such election; (3) that establish— (A) a transition process for bringing such assets and subsidiaries into conformance with the requirements for a national bank; and (B) procedures for allowing the Federal savings association to provide a justification for grandfathering such assets and subsidiaries after electing to operate as a covered savings association; (4) that establish standards and procedures to allow a covered savings association to terminate an election under subsection (b) after an appropriate period of time or to make a subsequent election; (5) that clarify requirements for the treatment of covered savings associations, including the provisions of law that apply to covered savings associations; and (6) as the Comptroller deems necessary and in the interests of safety and soundness. .

Passed the House of Representatives January 29, 2018. Karen L. Haas, Clerk.

tv_txt: IIB 115th CONGRESS 2d Session H. R. 1426 IN THE SENATE OF THE UNITED STATES January 30, 2018 Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs AN ACT To amend the Home Owners’ Loan Act to allow Federal savings associations to elect to operate as national banks, and for other purposes.

1. Short title This Act may be cited as the Federal Savings Association Charter Flexibility Act of 2017 . 2. Option for Federal savings associations to operate as a covered savings association The Home Owners’ Loan Act is amended by inserting after section 5 ( 12 U.S.C. 1464 ) the following: 5A. Election to operate as a covered savings association (a) Definition In this section, the term covered savings association means a Federal savings association that makes an election approved under subsection (b). (b) Election (1) In general Upon issuance of the rules described in subsection (f), a Federal savings association may elect to operate as a covered savings association by submitting a notice to the Comptroller of such election. (2) Approval A Federal savings association shall be deemed to be approved to operate as a covered savings association on the date that is 60 days after the date on which the Comptroller receives the notice under paragraph (1), unless the Comptroller notifies the Federal savings association otherwise. (c) Rights and duties Notwithstanding any other provision of law and except as otherwise provided in this section, a covered savings association shall— (1) have the same rights and privileges as a national bank that has its main office situated in the same location as the home office of the covered savings association; and (2) be subject to the same duties, restrictions, penalties, liabilities, conditions, and limitations that would apply to such a national bank. (d) Treatment of covered savings associations A covered savings association shall be treated as a Federal savings association for the purposes— (1) of governance of the covered savings association, including incorporation, bylaws, boards of directors, shareholders, and distribution of dividends; (2) of consolidation, merger, dissolution, conversion (including conversion to a stock bank or to another charter), conservatorship, and receivership; and (3) determined by regulation of the Comptroller. (e) Existing branches A covered savings association may continue to operate any branch or agency the covered savings association operated on the date on which an election under subsection (b) is approved. (f) Rulemaking The Comptroller shall issue rules to carry out this section— (1) that establish streamlined standards and procedures that clearly identify required documentation or timelines for an election under subsection (b); (2) that require a Federal savings association that makes an election under subsection (b) to identify specific assets and subsidiaries— (A) that do not conform to the requirements for assets and subsidiaries of a national bank; and (B) that are held by the Federal savings association on the date on which the Federal savings association submits a notice of such election; (3) that establish— (A) a transition process for bringing such assets and subsidiaries into conformance with the requirements for a national bank; and (B) procedures for allowing the Federal savings association to provide a justification for grandfathering such assets and subsidiaries after electing to operate as a covered savings association; (4) that establish standards and procedures to allow a covered savings association to terminate an election under subsection (b) after an appropriate period of time or to make a subsequent election; (5) that clarify requirements for the treatment of covered savings associations, including the provisions of law that apply to covered savings associations; and (6) as the Comptroller deems necessary and in the interests of safety and soundness. .

Passed the House of Representatives January 29, 2018. Karen L. Haas, Clerk

tv_txt: IB Union Calendar No. 395 115th CONGRESS 2d Session H. R. 1426 [Report No. 115–530] IN THE HOUSE OF REPRESENTATIVES March 8, 2017 Mr. Rothfus (for himself and Mr. Himes ) introduced the following bill; which was referred to the Committee on Financial Services January 29, 2018 Additional sponsors: Mr. Stivers , Mr. Cramer , Mr. Courtney , Mr. Tipton , Mr. Messer , and Mr. Gottheimer January 29, 2018 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To amend the Home Owners’ Loan Act to allow Federal savings associations to elect to operate as national banks, and for other purposes.

1. Short title This Act may be cited as the Federal Savings Association Charter Flexibility Act of 2017 . 2. Option for Federal savings associations to operate as a covered savings association The Home Owners’ Loan Act is amended by inserting after section 5 ( 12 U.S.C. 1464 ) the following: 5A. Election to operate as a covered savings association (a) Definition In this section, the term covered savings association means a Federal savings association that makes an election approved under subsection (b). (b) Election (1) In general Upon issuance of the rules described in subsection (f), a Federal savings association may elect to operate as a covered savings association by submitting a notice to the Comptroller of such election. (2) Approval A Federal savings association shall be deemed to be approved to operate as a covered savings association on the date that is 60 days after the date on which the Comptroller receives the notice under paragraph (1), unless the Comptroller notifies the Federal savings association otherwise. (c) Rights and duties Notwithstanding any other provision of law and except as otherwise provided in this section, a covered savings association shall— (1) have the same rights and privileges as a national bank that has its main office situated in the same location as the home office of the covered savings association; and (2) be subject to the same duties, restrictions, penalties, liabilities, conditions, and limitations that would apply to such a national bank. (d) Treatment of covered savings associations A covered savings association shall be treated as a Federal savings association for the purposes— (1) of governance of the covered savings association, including incorporation, bylaws, boards of directors, shareholders, and distribution of dividends; (2) of consolidation, merger, dissolution, conversion (including conversion to a stock bank or to another charter), conservatorship, and receivership; and (3) determined by regulation of the Comptroller. (e) Existing branches A covered savings association may continue to operate any branch or agency the covered savings association operated on the date on which an election under subsection (b) is approved. (f) Rulemaking The Comptroller shall issue rules to carry out this section— (1) that establish streamlined standards and procedures that clearly identify required documentation or timelines for an election under subsection (b); (2) that require a Federal savings association that makes an election under subsection (b) to identify specific assets and subsidiaries— (A) that do not conform to the requirements for assets and subsidiaries of a national bank; and (B) that are held by the Federal savings association on the date on which the Federal savings association submits a notice of such election; (3) that establish— (A) a transition process for bringing such assets and subsidiaries into conformance with the requirements for a national bank; and (B) procedures for allowing the Federal savings association to provide a justification for grandfathering such assets and subsidiaries after electing to operate as a covered savings association; (4) that establish standards and procedures to allow a covered savings association to terminate an election under subsection (b) after an appropriate period of time or to make a subsequent election; (5) that clarify requirements for the treatment of covered savings associations, including the provisions of law that apply to covered savings associations; and (6) as the Comptroller deems necessary and in the interests of safety and soundness. .

January 29, 2018 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed