113 HR 3010 IH: Keep Repos to Maturity on Balance Sheet Act of 2013 U.S. House of Representatives 2013-08-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 1st Session H. R. 3010 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Capuano introduced the following bill; which was referred to the Committee on Financial Services A BILL To direct the Securities and Exchange Commission to require that repurchase-to-maturity transactions be treated as secured borrowings.

1.

Short title

This Act may be cited as the Keep Repos to Maturity on Balance Sheet Act of 2013.

2.

Accounting treatment of RTM transactions

(a)

In general

In establishing accounting principles or standards for purposes of the securities laws, the Securities and Exchange Commission shall require that a repurchase-to-maturity transaction be treated as a secured borrowing in which the transferred asset serves as collateral. (b)

Definitions

In this section: (1)

Repurchase-to-maturity transaction

The term repurchase-to-maturity transaction means a transaction in which— (A)a financial asset is transferred in exchange for cash, other financial assets, or letters of credit; and (B)concurrently with the transfer, the transferor and the transferee agree that, at the maturity of the transferred asset, the transferee may either, at the option of the transferee— (i)return the transferred asset (or a substantially similar asset) to the transferor, thereby obligating the transferor to reacquire the transferred asset (or to acquire the substantially similar asset, as the case may be) for an amount equal to the value of the cash, other financial assets, or letters of credit described in subparagraph (A), plus a stipulated interest factor; or (ii)redeem the transferred asset from the issuer of the transferred asset. (2)

Securities laws

The term securities laws has the meaning given such term in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). (3)

Transferred asset

The term transferred asset means a financial asset transferred in exchange for cash, other financial assets, or letters of credit in a repurchase-to-maturity transaction, as described in paragraph (1)(A). (c)

Effective date

The treatment required under subsection (a) shall apply beginning on the date that is 90 days after the date of the enactment of this Act.