Sec. 3. Study and report
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The Federal banking agencies shall jointly conduct a quantitative impact study of the effect of the NPRs on the minimum regulatory capital requirements of insured depository institutions and insured depository institution holding companies. As part of the study required by this subsection, the Federal banking agencies shall— determine current capital levels (as of December 31, 2012) at financial institutions covered by such report; separately identify specific provisions in— the Basel III framework devised by the Basel Committee on Banking Supervision (in this Act referred to as the Basel III provisions ); and the Dodd-Frank Wall Street Reform and Consumer Protection Act, and of amendments made by that Act (in this Act referred to as the Dodd-Frank provisions , and collectively with the Basel III provisions, referred to as the identified provisions ) which shall include from the Dodd-Frank Wall Street Reform and Consumer Protection Act, and the amendments made by that Act— section 115 (regarding enhanced supervision and prudential standards); section 165 (regarding enhanced supervision and prudential standards); section 166 (regarding early remediation requirements); section 171 (regarding leverage and risk-based capital requirements); section 619 (regarding prohibitions on proprietary trading and certain relationships with hedge funds and private equity funds); section 939 (regarding the removal of statutory references to credit ratings); section 941 (regarding regulation of credit risk retention and exemption of qualified residential mortgages); and section 1412 (regarding safe harbor and rebuttable presumptions for qualified mortgages); and estimate and evaluate the impact of such identified provisions on affected United States institutions in accordance with this section.
The Federal banking agencies shall— in conducting the study required by this section, determine and estimate the likely cumulative impact of the NPRs and the identified provisions on required regulatory capital levels, capital quality, asset quality, and risk management at covered United States financial institutions; and based on such findings, provide an assessment regarding— changes to required capital levels in the aggregate, per asset class and institution size based on the Basel III provisions, the Dodd-Frank provisions, and separately, on the identified provisions; the aggregate increase or decrease of total risk-weighted asset levels for the institutions to which the Advanced Approach NPR and the Standardized Approach NPR would be applicable based on their size and asset class; whether the NPRs and identified provisions will cause capital levels at covered institutions to fluctuate with more frequency or by greater amounts than the current rules and indicate what, if any, safety and soundness issues such fluctuations raise for financial institutions or the financial system, including a determination of whether such fluctuations will make the United States financial system more or less safe than the current rules; whether the NPRs and the identified provisions will result in the discontinuation of the use of certain risk management tools by covered financial institutions and the impact on the safety and soundness of financial institutions and the financial system; the cumulative impact that the NPRs and the identified provisions will have on— the United States economic growth, in general, and specifically, on the Gross Domestic Product; availability and cost of credit in low- and moderate-income areas; and availability and cost of residential mortgages, home equity lines of credit, auto loans, student loans, and commercial loans, including small business credit; the variance in required capital levels, assets, and asset quality between institutions that implement the advanced approaches or approaches to risk weighting of assets, as proposed in the Advanced Approaches NPR, and those that use the standardized approach, as proposed in the Standardized Approach NPR, and the impact on competition between entities using different approaches; and historical probability of default and loss given default of residential mortgage loans and the proposed risk weightings in the Standardized Approach NPR, and whether such proposed risk weightings are appropriately and fairly calibrated.
In carrying out the study required by this section, the Federal banking agencies— shall rely on data available to the agencies through call reports and other data gathering processes already employed by the Federal banking agencies; and may seek input and participation from insured depository institutions and insured depository institution holding companies, provided that such request shall not impose undue burden on participating institutions and that participation in the study by any insured depository institutions or insured depository institution holding companies shall be voluntary.
Not later than 9 months after the date of enactment of this Act, the Federal banking agencies shall issue a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the results of the study required by subsection (a). The Federal banking agencies shall include the methodologies and assumptions used in the study, as well as the required elements of the study listed in subsection
(a)in the report required in this subsection.