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H. Rept. 115-574 1 (2018-02-23)

handle is hein.congrecreports/crptxabaz0001 and id is 1 raw text is: AUTHENTICATEO
U.S. GOVERNMENT
INFORMATION
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                     115TH CONGRESS                                           REPORT
                        2d Session      HOUSE OF REPRESENTATIVES              115-574





                     TO PLACE REQUIREMENTS ON OPERATIONAL RISK CAPITAL REQUIRE-
                       MENTS FOR BANKING ORGANIZATIONS ESTABLISHED BY AN APPRO-
                       PRIATE FEDERAL BANKING AGENCY


                     FEBRUARY 23, 2018.-Committed to the Committee of the Whole House on the State
                                        of the Union and ordered to be printed



                         Mr. HENSARLING, from the Committee on Financial Services,
                                           submitted the following


                                               REPORT

                                                 together with

                                              MINORITY VIEWS

                                              [To accompany H.R. 4296]

                               [Including cost estimate of the Congressional Budget Office]

                       The Committee on Financial Services, to whom was referred the
                     bill (H.R. 4296) to place requirements on operational risk capital
                     requirements for banking organizations established by an appro-
                     priate Federal banking agency, having considered the same, report
                     favorably thereon with an amendment and recommend that the bill
                     as amended do pass.
                       The amendment is as follows:
                       Strike all after the enacting clause and insert the following:
                     SECTION 1. OPERATIONAL RISK CAPITAL REQUIREMENTS FOR BANKING ORGANIZATIONS.
                       (a) IN GENERAL.-An appropriate Federal banking agency may not establish an
                     operational risk capital requirement for banking organizations, unless such require-
                     ment-
                          (1) is based primarily on the risks posed by a banking organization's current
                        activities and businesses;
                          (2) is appropriately sensitive to the risks posed by such current activities and
                        businesses;
                          (3) is determined under a forward-looking assessment of potential losses that
                        may arise out of a banking organization's current activities, businesses, and ex-
                        posures, which is not solely based on a banking organization's historical losses;
                        and
                          (4) permits adjustments based on qualifying operational risk mitigants.
                       (b) DEFINITIONS.-For purposes of this section:
                          (1) APPROPRIATE FEDERAL BANKING AGENCY.-The term appropriate Federal
                        banking agency-
                              (A) has the meaning given such term under section 3 of the Federal De-
                            posit Insurance Act; and
                        79-006

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