H.R. 4649 Text - Introduced in House - 118th Congress (2023-2024)

To provide for additional requirements when Federal banking agencies undertake rulemakings that implement policies of non-governmental international organizations, to require Federal banking agencies to report on certain covered international organizations, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Ensuring U.S. Authority over U.S. Banking Regulations Act”.

SEC. 2. Requirements in connection with rulemakings implementing policies of non-governmental international organizations.

(a) Board of Governors of the Federal Reserve System.—Section 10 of the Federal Reserve Act (12 U.S.C. 247b) is amended by inserting after paragraph (10) the following:

“(11) REQUIREMENTS IN CONNECTION WITH RULEMAKINGS IMPLEMENTING POLICIES OF NON-GOVERNMENTAL INTERNATIONAL ORGANIZATIONS.—

“(A) IN GENERAL.—The Board of Governors of the Federal Reserve System may not propose or finalize a major covered rule unless, not later than 120 days before issuing such a proposed or final rule, the Board of Governors provides the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate with notice, testimony, and a detailed economic analysis with respect to the proposed or final rule, including projections of economic costs, sectoral effects, and effects on the availability of credit, the gross domestic product, and employment.

“(B) MAJOR COVERED RULE DEFINED.—In this paragraph, the term ‘major covered rule’ means a rule—

“(i) that the Board of Governors determines would have an effect, in the aggregate, on the economy of the United States of $10,000,000,000 or more during the 10-year period beginning on the date the rule takes effect; and

“(ii) that is intended to align or conform with a recommendation from a non-governmental international organization (including the Financial Stability Board, the Bank for International Settlements, the Network of Central Banks and Supervisors for Greening the Financial System, and the Basel Committee on Banking Supervision).”.

(b) Office of the Comptroller of the Currency.—Section 324 of the Revised Statutes of the United States (12 U.S.C. 1) is amended by adding at the end the following:

“(c) Requirements in connection with rulemakings implementing policies of non-Governmental international organizations.—

“(1) IN GENERAL.—The Comptroller of the Currency may not propose or finalize a major covered rule unless, not later than 120 days before issuing such a proposed or final rule, the Comptroller of the Currency provides the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate with notice, testimony, and a detailed economic analysis with respect to the proposed or final rule, including projections of economic costs, sectoral effects, and effects on the availability of credit, the gross domestic product, and employment.

“(2) MAJOR COVERED RULE DEFINED.—In this subsection, the term ‘major covered rule’ means a rule—

“(A) that the Comptroller of the Currency determines would have an effect, in the aggregate, on the economy of the United States of $10,000,000,000 or more during the 10-year period beginning on the date the rule takes effect; and

“(B) that is intended to align or conform with a recommendation from a non-governmental international organization (including the Financial Stability Board, the Bank for International Settlements, the Network of Central Banks and Supervisors for Greening the Financial System, and the Basel Committee on Banking Supervision).”.

(c) Federal Deposit Insurance Corporation.—Section 2 of the Federal Deposit Insurance Act (12 U.S.C. 1812) is amended by inserting after subsection (f) the following:

“(g) Requirements in connection with rulemakings implementing policies of non-Governmental international organizations.—

“(1) IN GENERAL.—The Board of Directors of the Corporation may not propose or finalize a major covered rule unless, not later than 120 days before issuing such a proposed or final rule, the Board of Directors provides the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate with notice, testimony, and a detailed economic analysis with respect to the proposed or final rule, including projections of economic costs, sectoral effects, and effects on the availability of credit, the gross domestic product, and employment.

“(2) MAJOR COVERED RULE DEFINED.—In this subsection, the term ‘major covered rule’ means a rule—

“(A) that the Board of Directors determines would have an effect, in the aggregate, on the economy of the United States of $10,000,000,000 or more during the 10-year period beginning on the date the rule takes effect; and

(d) National Credit Union Administration.—Section 102 of the Federal Credit Union Act (12 U.S.C. 1752a) is amended by adding at the end the following:

“(g) Requirements in connection with rulemakings implementing policies of non-Governmental international organizations.—

“(1) IN GENERAL.—The Board may not propose or finalize a major covered rule unless, not later than 120 days before issuing such a proposed or final rule, the Board provides the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate with notice, testimony, and a detailed economic analysis with respect to the proposed or final rule, including projections of economic costs, sectoral effects, and effects on the availability of credit, the gross domestic product, and employment.

“(2) MAJOR COVERED RULE DEFINED.—In this subsection, the term ‘major covered rule’ means a rule—

“(A) that the Board determines would have an effect, in the aggregate, on the economy of the United States of $10,000,000,000 or more during the 10-year period beginning on the date the rule takes effect; and

(e) Federal Housing Finance Administration.—Section 1311 of the Housing and Community Development Act of 1992 (12 U.S.C. 4511) is amended by adding at the end the following:

“(d) Requirements in connection with rulemakings implementing policies of non-Governmental international organizations.—

“(1) IN GENERAL.—The Director may not propose or finalize a major covered rule unless, not later than 120 days before issuing such a proposed or final rule, the Director provides the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate with notice, testimony, and a detailed economic analysis with respect to the proposed or final rule, including projections of economic costs, sectoral effects, and effects on the availability of credit, the gross domestic product, and employment.

“(2) MAJOR COVERED RULE DEFINED.—In this subsection, the term ‘major covered rule’ means a rule—

“(A) that the Director determines would have an effect, in the aggregate, on the economy of the United States of $10,000,000,000 or more during the 10-year period beginning on the date the rule takes effect; and

SEC. 3. Report on certain climate-related interactions with covered international organizations.

(a) In general.—A Federal banking regulator may not meet with or otherwise engage with a covered international organization on the topic of climate-related financial risk during a calendar year unless the Federal banking regulator has issued a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate containing, for the previous calendar year—

(1) a complete description of the activities of the covered international organization in which the Federal banking regulator participates (including any task force, committee, or other organizational unit thereof); and

(2) a detailed accounting of the governmental and non-governmental funding sources of the covered international organization (including any task force, committee, or other organizational unit thereof).

(b) Definitions.—In this section:

(1) COVERED INTERNATIONAL ORGANIZATION.—The term “covered international organization” means the Financial Stability Board, the Network of Central Banks and Supervisors for Greening the Financial System, and the Basel Committee on Banking Supervision.

(2) FEDERAL BANKING REGULATOR.—The term “Federal banking regulator” means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Federal Housing Finance Agency, the National Credit Union Administration, and the Office of the Comptroller of the Currency.