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A bill to amend the Federal Deposit Insurance Act to clarify capital requirements for certain acquisition, development, or construction loans.

USA115th CongressS-2405| Senate 
| Updated: 10/2/2018
Tom Cotton

Tom Cotton

Republican Senator

Arkansas

Cosponsors (1)
Doug Jones (Democratic)

Banking, Housing, and Urban Affairs Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Clarifying Commercial Real Estate Loans This bill amends the Federal Deposit Insurance Act to specify that a federal banking agency may not subject a depository institution to higher capital standards with respect to a high-volatility commercial real-estate (HVCRE) exposure unless the exposure is an HVCRE acquisition, development, or construction (ADC) loan. An HVCRE ADC loan is a one that: (1) is secured by land or improved real property; (2) has the purpose of providing financing to acquire, develop, or improve the real property such that the property becomes income-producing; and (3) is dependent upon future income or sales proceeds from, or refinancing of, the real property for the repayment of the loan. An HVCRE ADC loan does not include financing for a one- to four-family residential property, agricultural land, real property that would qualify as an investment in community development, existing income-producing real property secured by a mortgage, or certain commercial real-property projects. Furthermore, such a loan does not include any loan made prior to January 1, 2015. A depository institution may reclassify a loan as a non-HVCRE ADC loan if the depository institution is satisfied that: (1) the acquisition, development, or improvement of real property being financed by the loan is complete; and (2) the cash flow being generated by the real property is sufficient to support the debt service and expenses of the real property.
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Timeline
Feb 8, 2018
Introduced in Senate
Feb 8, 2018
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Oct 2, 2018
Committee on Banking, Housing, and Urban Affairs. Hearings held. Hearings printed: S.Hrg. 115-407.
  • February 8, 2018
    Introduced in Senate


  • February 8, 2018
    Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.


  • October 2, 2018
    Committee on Banking, Housing, and Urban Affairs. Hearings held. Hearings printed: S.Hrg. 115-407.

Finance and Financial Sector

Related Bills

  • HR 115-2148: Clarifying Commercial Real Estate Loans
  • S 115-2155: Economic Growth, Regulatory Relief, and Consumer Protection Act

A bill to amend the Federal Deposit Insurance Act to clarify capital requirements for certain acquisition, development, or construction loans.

USA115th CongressS-2405| Senate 
| Updated: 10/2/2018
Clarifying Commercial Real Estate Loans This bill amends the Federal Deposit Insurance Act to specify that a federal banking agency may not subject a depository institution to higher capital standards with respect to a high-volatility commercial real-estate (HVCRE) exposure unless the exposure is an HVCRE acquisition, development, or construction (ADC) loan. An HVCRE ADC loan is a one that: (1) is secured by land or improved real property; (2) has the purpose of providing financing to acquire, develop, or improve the real property such that the property becomes income-producing; and (3) is dependent upon future income or sales proceeds from, or refinancing of, the real property for the repayment of the loan. An HVCRE ADC loan does not include financing for a one- to four-family residential property, agricultural land, real property that would qualify as an investment in community development, existing income-producing real property secured by a mortgage, or certain commercial real-property projects. Furthermore, such a loan does not include any loan made prior to January 1, 2015. A depository institution may reclassify a loan as a non-HVCRE ADC loan if the depository institution is satisfied that: (1) the acquisition, development, or improvement of real property being financed by the loan is complete; and (2) the cash flow being generated by the real property is sufficient to support the debt service and expenses of the real property.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Feb 8, 2018
Introduced in Senate
Feb 8, 2018
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Oct 2, 2018
Committee on Banking, Housing, and Urban Affairs. Hearings held. Hearings printed: S.Hrg. 115-407.
  • February 8, 2018
    Introduced in Senate


  • February 8, 2018
    Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.


  • October 2, 2018
    Committee on Banking, Housing, and Urban Affairs. Hearings held. Hearings printed: S.Hrg. 115-407.
Tom Cotton

Tom Cotton

Republican Senator

Arkansas

Cosponsors (1)
Doug Jones (Democratic)

Banking, Housing, and Urban Affairs Committee

Finance and Financial Sector

Related Bills

  • HR 115-2148: Clarifying Commercial Real Estate Loans
  • S 115-2155: Economic Growth, Regulatory Relief, and Consumer Protection Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted