I
118th CONGRESS
2d Session
H. R. 8153
IN THE HOUSE OF REPRESENTATIVES
April 29, 2024
Mr. Mooney (for himself, Mr. Donalds, and Mr. Ogles) introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on Agriculture, 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 Wall Street Transparency and Accountability Act of 2010 to provide covered banking institutions with certain exemptions related to interest rate swaps, and for other purposes.
Short title
This Act may be cited as the Bank Risk Reduction Act of 2024
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Exemptions for certain interest rate swaps of covered banking institutions
In general
The Wall Street Transparency and Accountability Act of 2010 (12 U.S.C. 8301 et seq.) is amended by inserting after section 754 the following:
Exemptions for certain interest rate swaps of covered banking institutions
In general
A covered banking institution—
shall be exempt from any clearing or margin requirements applicable to an interest rate swap that hedges interest rate risk of debt securities or loans held on the balance sheet of the covered banking institution, including any requirements under sections 2(h) or 4s(e) of Commodity Exchange Act and the regulations promulgated thereunder;
may use hedge accounting with respect to debt securities or loans held on the balance sheet of the covered banking institution;
is not subject to any requirement, including the Financial Accounting Standards Board’s Accounting Standard Codification paragraph 815–20–25–43(c)(2), that restricts a covered banking institution from an option to designate a fair value hedge on the risks of changes in the fair value attributable to the interest rate risk of a held-to-maturity debt security; and
is not subject to any requirement, including the Financial Accounting Standards Board’s Accounting Standard Codification paragraph 815–20–25–43(d)(2), that restricts a covered banking institution from an option to designate a cash flow hedge to the risks of changes in the cash flows attributable to interest rate risk that result from variable cash flows of a held-to-maturity debt security.
Definitions
In this section:
Covered banking institution
The term covered banking institution
means an insured depository institution or depository institution holding company.
Interest rate swap
With respect to a covered banking institution, the term interest rate swap
means a swap entered into by the covered banking institution for the purpose of hedging against the interest rate risk of debt securities or loans held on the balance sheet of the covered banking institution.
Hedge accounting
The term hedge accounting
means the accounting rules and regulations that enable the financial reporting of hedging relationships to better portray the economic results of an entity’s risk management activities in its financial statements, including the accounting rules and guidance provided by the Financial Accounting Standards Board.
Fair value
The term fair value
means the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date.
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Clerical amendment
The table of contents in section 1(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by inserting after the item relating to section 754 the following:
Sec. 755. Exemptions for certain interest rate swaps of covered banking institutions.
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