To amend the Bank Holding Company Act of 1956 to require agencies to make considerations relating to the promotion of efficiency, competition, and capital formation before issuing or modifying certain regulations.

Amends the Bank Holding Company Act of 1956 with respect to certain prohibitions against proprietary trading by banking entities and certain relationships of such entities with hedge funds and private equity funds (Volcker rule).

Directs the Commodity Futures Trading Commission (CFTC), the Securities and Exchange Commission (SEC), and the appropriate federal banking agencies, when issuing or modifying any regulation related to such prohibitions, to consider: (1) whether it is necessary or appropriate in the public interest; (2) whether it will promote efficiency, competition, and capital formation; and (3) the impact it would have on competition.

Prohibits such agencies from adopting a regulation that would impose a burden on competition neither necessary nor appropriate in furtherance of the Act.

Directs such agencies to include in the statement of basis and purpose incorporated in the regulation the reasons for determining that any burden on competition imposed by the regulation is necessary or appropriate in furtherance of this Act.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3913 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 3913

 To amend the Bank Holding Company Act of 1956 to require agencies to 
     make considerations relating to the promotion of efficiency, 
competition, and capital formation before issuing or modifying certain 
                              regulations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 16, 2014

  Mr. Duffy introduced the following bill; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
 To amend the Bank Holding Company Act of 1956 to require agencies to 
     make considerations relating to the promotion of efficiency, 
competition, and capital formation before issuing or modifying certain 
                              regulations.

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

SECTION 1. RULEMAKING CONSIDERATIONS.

    Section 13 of the Bank Holding Company Act of 1956 (12 U.S.C. 1851) 
is amended by adding at the end the following:
    ``(i) Consideration of Promotion of Efficiency, Competition, and 
Capital Formation.--In issuing or modifying any regulation under this 
section, the appropriate Federal banking agencies, the Commodity 
Futures Trading Commission, and the Securities and Exchange 
Commission--
            ``(1) shall consider whether the regulation is necessary or 
        appropriate in the public interest;
            ``(2) shall consider whether the regulation will promote 
        efficiency, competition, and capital formation;
            ``(3) shall consider, among other matters, the impact the 
        regulation would have on competition;
            ``(4) may not adopt the regulation if it would impose a 
        burden on competition not necessary or appropriate in 
        furtherance of the purposes of this section; and
            ``(5) shall include in the statement of basis and purpose 
        incorporated in the regulation adopted under this section, the 
        reasons for the determination under paragraph (4) that any 
        burden on competition imposed by the regulation is necessary or 
        appropriate in furtherance of the purposes of this section.''.
                                 <all>