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H.R. 7913, Financial Institution Forbearance Act

Summary

H.R. 7913, the Financial Institution Forbearance Act, was introduced in the House of Representatives on July 31, 2020 by Mr. Luetkemeyer and referred to the Committee on Financial Services. It is a bill to amend the CARES Act to improve the temporary relief from troubled debt restructurings. It replaces the earlier end date for the relief with March 1, 2021 and defines depository institution and financial institution, the latter including a lender that is not a depository institution and an insurer. At a depository institution's election, the appropriate Federal banking agency would not require it to classify such a loan as impaired for credit risk until April 1, 2022.

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Issuer
Congressional materials
Document type
Bills Bills 116Hr7913Ih Bills 116Hr7913Ih
Case
Bills Bills 116Hr7913Ih Bills 116Hr7913Ih

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“H.R. 7913, Financial Institution Forbearance Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr7913ih-bills-116hr7913ih/, SHA-256 0328a3f27f4f1575774ba54d7d74de0fb239350e0795b0c549e3c69183023630.

Full text

                                                                                                                                                                             I




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                            H. R. 7913
                                                                           To amend the CARES Act to improve the temporary relief from troubled
                                                                                        debt restructurings, and for other purposes.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                   JULY 31, 2020
                                                                          Mr. LUETKEMEYER introduced the following bill; which was referred to the
                                                                                           Committee on Financial Services




                                                                                                                 A BILL
                                                                          To amend the CARES Act to improve the temporary relief
                                                                          from troubled debt restructurings, and for other purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Financial Institution
                                                                         5 Forbearance Act’’.
                                                                         6     SEC.       2.     TEMPORARY                RELIEF              FROM       TROUBLED         DEBT

                                                                         7                             RESTRUCTURINGS.

                                                                         8              (a) DEFINITIONS.—Section 4013(a) of the CARES




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                                                                         9 Act (15 U.S.C. 9051(a)) is amended—




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                                                                         1                       (1) in paragraph (1), by striking ‘‘the earlier of
                                                                         2              December 31, 2020, or the date that is 60 days
                                                                         3              after the date on which the national emergency con-
                                                                         4              cerning the novel coronavirus disease (COVID–19)
                                                                         5              outbreak declared by the President on March 13,
                                                                         6              2020 under the National Emergencies Act (50
                                                                         7              U.S.C. 1601 et seq.) terminates’’ and inserting
                                                                         8              ‘‘March 1, 2021’’; and
                                                                         9                       (2) by adding at the end the following:
                                                                       10                        ‘‘(3) DEPOSITORY INSTITUTION.—The term ‘de-
                                                                       11               pository institution’—
                                                                       12                                  ‘‘(A) has the meaning given the term in
                                                                       13                        section 3 of the Federal Deposit Insurance Act;
                                                                       14                        and
                                                                       15                                  ‘‘(B) means a State or Federal credit
                                                                       16                        union, as such terms are defined, respectively,
                                                                       17                        under section 101 of the Federal Credit Union
                                                                       18                        Act.
                                                                       19                        ‘‘(4) FINANCIAL INSTITUTION.—The term ‘fi-
                                                                       20               nancial institution’ means—
                                                                       21                                  ‘‘(A) a depository institution;
                                                                       22                                  ‘‘(B) a lender that is not a depository in-
                                                                       23                        stitution; and




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                                                                       24                                  ‘‘(C) an insurer.’’.




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                                                                         1              (b) APPLICABILITY.—Section 4013(b)(2)(A) of the
                                                                         2 CARES Act (15 U.S.C. 9051(b)(2)(A)) is amended by
                                                                         3 striking ‘‘December 31, 2019’’ and inserting ‘‘March 1,
                                                                         4 2020’’.
                                                                         5              (c) TREATMENT BY REGULATORS.—Section 4013 of
                                                                         6 the CARES Act (15 U.S.C. 9051) is amended—
                                                                         7                       (1) in subsection (c), by striking ‘‘financial in-
                                                                         8              stitution’’ each place such term appears and insert-
                                                                         9              ing ‘‘depository institution’’; and
                                                                       10                        (2) by adding at the end the following:
                                                                       11               ‘‘(e) TREATMENT BY REGULATORS.—
                                                                       12                        ‘‘(1) IN GENERAL.—With respect to any loan
                                                                       13               for which an election has been made by a depository
                                                                       14               institution under subsection (b), the appropriate
                                                                       15               Federal banking agency—
                                                                       16                                  ‘‘(A) at the election of the depository insti-
                                                                       17                        tution, shall not require the depository institu-
                                                                       18                        tion to classify such loan as impaired for credit
                                                                       19                        risk until April 1, 2022; and
                                                                       20                                  ‘‘(B) at the election of the depository insti-
                                                                       21                        tution, shall, until April 1, 2022, for the pur-
                                                                       22                        pose of calculating reserves and capital, and for
                                                                       23                        any other accounting purpose, allow a deposi-




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                                                                       24                        tory institution to treat such loan in the same




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                                                                         1                       manner as the loan was (or would have been)
                                                                         2                       treated on December 31, 2019.
                                                                         3                       ‘‘(2) LIMITATION.—
                                                                         4                                 ‘‘(A) IN GENERAL.—Paragraph (1) shall
                                                                         5                       not apply to a depository institution if the ap-
                                                                         6                       propriate Federal banking agency determines
                                                                         7                       that—
                                                                         8                                        ‘‘(i) the depository institution was not
                                                                         9                                 well capitalized as of December 31, 2019;
                                                                       10                                         ‘‘(ii) applying paragraph (1) to the
                                                                       11                                  depository institution would pose a direct
                                                                       12                                  risk to the Deposit Insurance Fund or the
                                                                       13                                  National Credit Union Share Insurance
                                                                       14                                  Fund; or
                                                                       15                                         ‘‘(iii) there is reasonable cause to be-
                                                                       16                                  lieve that the depository institution or an
                                                                       17                                  institution-affiliated party is violating, or is
                                                                       18                                  about to violate, a Federal statute or rule.
                                                                       19                                  ‘‘(B) CEASE                AND        DESIST           LETTER   RE-

                                                                       20                        QUIREMENT.—Before                            the appropriate Federal
                                                                       21                        banking agency may make a determination
                                                                       22                        under clause (ii) or (iii) of subparagraph (A),
                                                                       23                        the appropriate Federal banking agency shall




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                                                                       24                        issue a cease and desist order to the depository
                                                                       25                        institution and comply with the process re-


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                                                                         1                       quired under section 8(b) of the Federal De-
                                                                         2                       posit Insurance Act (12 U.S.C. 1818) with re-
                                                                         3                       spect to a cease and desist order.’’.
                                                                         4              (d) BALANCE SHEET TREATMENT OF LOANS.—Sec-
                                                                         5 tion 4013 of the CARES Act (15 U.S.C. 9051), as amend-
                                                                         6 ed by subsection (c), is further amended by adding at the
                                                                         7 end the following:
                                                                         8              ‘‘(f) BALANCE SHEET TREATMENT OF LOANS.—For
                                                                         9 purposes of a financial institution’s balance sheet, the fi-
                                                                       10 nancial institution shall place all loans for which an elec-
                                                                       11 tion has been made under subsection (b) into a separate
                                                                       12 account.’’.
                                                                                                                                  Æ




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