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H.R. 8675, Preventing Regulatory Penalties for PPP Lenders Act

Summary

House bill 8675 of the 116th Congress, 2D Session, is the Preventing Regulatory Penalties for PPP Lenders Act, a bill to require the Federal banking agencies to exclude Paycheck Protection Program loans from certain asset calculations. Loudermilk introduced it on October 23, 2020 with David Scott of Georgia, Lucas, Stivers, and others, and it was referred to the Committee on Financial Services. For capital ratios, deposit insurance premiums, and other asset thresholds, for a credit union, depository institution, or depository institution holding company with less than $15,000,000,000 in consolidated assets, the appropriate Federal banking agency shall exclude Paycheck Protection Program loans. The agencies must issue regulations within the 30-day period beginning on the date of enactment.

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Issuer
Congressional materials
Document type
Bills Bills 116Hr8675Ih Bills 116Hr8675Ih
Case
Bills Bills 116Hr8675Ih Bills 116Hr8675Ih

Cite this document

“H.R. 8675, Preventing Regulatory Penalties for PPP Lenders Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr8675ih-bills-116hr8675ih/, SHA-256 20e751caa4919d442c59888a9d0942bc19296083b3fa5f9f6170aff8c4ce7321.

Full text

                                                                                                                                                                          I




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                            H. R. 8675
                                                                             To require the Federal banking agencies to exclude Paycheck Protection
                                                                                          Program loans from certain asset calculations.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                  OCTOBER 23, 2020
                                                                       Mr. LOUDERMILK (for himself, Mr. DAVID SCOTT of Georgia, Mr. LUCAS, Mr.
                                                                           STIVERS, Mr. WILLIAMS, Mr. BUDD, Mr. KUSTOFF of Tennessee, Mr.
                                                                           HOLLINGSWORTH, Mr. JOHN W. ROSE of Tennessee, Mr. RIGGLEMAN,
                                                                           and Mr. TAYLOR) introduced the following bill; which was referred to the
                                                                           Committee on Financial Services




                                                                                                                 A BILL
                                                                       To require the Federal banking agencies to exclude Paycheck
                                                                        Protection Program loans from certain asset calculations.

                                                                         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 ‘‘Preventing Regulatory
                                                                         5 Penalties for PPP Lenders Act’’.




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                                                                                                                                  2
                                                                         1     SEC. 2. EXCLUDING PAYCHECK PROTECTION PROGRAM

                                                                         2                             LOANS           FROM           CERTAIN            ASSET            CALCULA-

                                                                         3                             TIONS.

                                                                         4              (a) IN GENERAL.—For purposes of determining cap-
                                                                         5 ital ratios, deposit insurance premiums, and other asset
                                                                         6 thresholds and categories under Federal banking regula-
                                                                         7 tions with respect to a credit union, depository institution,
                                                                         8 or depository institution holding company with less than
                                                                         9 $15,000,000,000 in consolidated assets, the appropriate
                                                                       10 Federal banking agency shall exclude Paycheck Protection
                                                                       11 Program loans.
                                                                       12               (b) SPECIFIC EXCLUSION.—Subsection (a) shall not
                                                                       13 apply to call reports filed by a credit union, depository
                                                                       14 institution, or depository institution holding company.
                                                                       15               (c) RULEMAKING.—Not later than the end of the 30-
                                                                       16 day period beginning on the date of enactment of this Act,
                                                                       17 the Federal banking agencies shall issue regulations to
                                                                       18 carry out this section.
                                                                       19               (d) DEFINITIONS.—In this section:
                                                                       20                        (1) APPROPRIATE                      FEDERAL BANKING AGEN-

                                                                       21               CY.—The term ‘‘appropriate Federal banking agen-

                                                                       22               cy’’—
                                                                       23                                  (A) has the meaning given such term
                                                                       24                        under section 3 of the Federal Deposit Insur-




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                                                                       25                        ance Act;


                                                                                   •HR 8675 IH

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                                                                                                                                  3
                                                                         1                                 (B) means the National Credit Union Ad-
                                                                         2                       ministration, in the case of a credit union; and
                                                                         3                                 (C) means the Bureau of Consumer Finan-
                                                                         4                       cial Protection, for purposes of calculating asset
                                                                         5                       thresholds under section 1025 and 1026 of the
                                                                         6                       Consumer Financial Protection Act of 2010 (12
                                                                         7                       U.S.C. 5515 and 5516).
                                                                         8                       (2) CREDIT UNION.—The term ‘‘credit union’’
                                                                         9              means a State credit union and a Federal credit
                                                                       10               union, as such terms are defined, respectively, under
                                                                       11               section 101 of the Federal Credit Union Act.
                                                                       12                        (3) FEDERAL BANKING AGENCIES.—The term
                                                                       13               ‘‘Federal banking agencies’’ means the agencies de-
                                                                       14               scribed under paragraph (1).
                                                                       15                        (4)        FEDERAL                   DEPOSIT            INSURANCE        ACT

                                                                       16               TERMS.—The                     term ‘‘depository institution’’, and
                                                                       17               ‘‘depository institution holding company’’ have the
                                                                       18               meaning given those terms, respectively, under sec-
                                                                       19               tion 3 of the Federal Deposit Insurance Act.
                                                                       20                        (5) PAYCHECK PROTECTION PROGRAM LOAN.—
                                                                       21               The term ‘‘Paycheck Protection Program loan’’
                                                                       22               means a loan guaranteed under section 7(a)(36) of
                                                                       23               the Small Business Act.




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