[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4110 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4110

   To amend the Financial Stability Act of 2010 to include the State 
 insurance commissioner as a voting member of the Financial Stability 
               Oversight Council, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2022

 Mr. Scott of South Carolina (for himself and Mr. King) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend the Financial Stability Act of 2010 to include the State 
 insurance commissioner as a voting member of the Financial Stability 
               Oversight Council, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Primary Regulators of Insurance Vote 
Act of 2022''.

SEC. 2. ESTABLISHMENT OF STATE INSURANCE COMMISSIONER AS A VOTING 
              MEMBER OF THE FINANCIAL STABILITY OVERSIGHT COUNCIL.

    Section 111 of the Financial Stability Act of 2010 (12 U.S.C. 5321) 
is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by redesignating subparagraph (J) as 
                        subparagraph (K);
                            (ii) in subparagraph (I), by striking 
                        ``and'' at the end; and
                            (iii) by inserting after subparagraph (I) 
                        the following:
                    ``(J) a State insurance commissioner, appointed by 
                the President, by and with the advice and consent of 
                the Senate, as described in paragraph (4); and''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(4) State insurance commissioner.--Before making any 
        appointments pursuant to paragraph (1)(J), the President shall 
        request a list of recommended candidates from the States 
        through the National Association of Insurance Commissioners. 
        The President may appoint a member under paragraph (1)(J) that 
        does not appear on such list. If the National Association of 
        Insurance Commissioners fails to submit such list within 15 
        business days after the date of the request, the President may 
        appoint a member under paragraph (1)(J) without considering the 
        views of the National Association of Insurance 
        Commissioners.''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by inserting ``, the State 
                insurance commissioner shall serve for a term of 4 
                years'' after ``6 years'';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Vacancies.--
                    ``(A) In general.--Subject to subparagraph (B), any 
                vacancy on the Council shall be filled in the manner in 
                which the original appointment was made.
                    ``(B) State insurance commissioner.--With respect 
                to a vacancy in the membership of the State insurance 
                commissioner serving under subsection (b)(1)(J)--
                            ``(i) the Federal Vacancy Reform Act (5 
                        U.S.C. 3345 et seq.) shall not apply; and
                            ``(ii) such vacancy shall be filled by a 
                        State insurance commissioner, to be designated 
                        by a selection process determined by the State 
                        insurance commissioners, who shall serve as a 
                        nonvoting member of the Council until a 
                        successor is appointed and confirmed.''; and
                    (C) in paragraph (4)--
                            (i) by striking ``independent member'' in 
                        the heading, and inserting ``insurance 
                        members''; and
                            (ii) striking ``subsection (b)(1)(J)'' and 
                        inserting ``subsection (b)(1)(K) or the State 
                        insurance commissioner serving under subsection 
                        (b)(1)(J)''.

SEC. 3. REPEAL OF STATE INSURANCE COMMISSIONER AS NONVOTING MEMBER OF 
              FSOC.

    (a) In General.--Section 111(b)(2) of the Financial Stability Act 
of 2010 (12 U.S.C. 5321(b)(2)) is amended by striking subparagraph (C) 
and redesignating subparagraphs (D) and (E) as subparagraphs (C) and 
(D), respectively.
    (b) Technical and Conforming Amendment.--Section 111(c)(1) of the 
Financial Stability Act of 2010 Act (12 U.S.C. 5321(c)(1)) is amended 
by striking by ``subparagraphs (C), (D), and (E)'' and inserting 
``subparagraphs (C) and (D)''.

SEC. 4. TEMPORARY SERVICE; TRANSITION.

    Notwithstanding the amendments made by this Act, during the period 
beginning on the date of the enactment of this Act and ending on the 
date on which the State insurance commissioner is appointed and 
confirmed pursuant to section 111(b)(1) of the Financial Stability Act 
of 2010 (12 U.S.C. 5321(b)(1)), as amended by section 2 of this Act, 
section 111(b)(2)(C) of the Financial Stability Act of 2010 (12 U.S.C. 
5321(b)(2)(C)), as in effect on the day before the date of enactment of 
this Act, shall continue to apply.

SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.

    The Financial Stability Act of 2010 (12 U.S.C. 5311 et seq.) is 
amended--
            (1) in section 102(a) (12 U.S.C. 5311), by adding at the 
        end the following:
            ``(8) Council.--The term `Council' means the Financial 
        Stability Oversight Council established in section 111.'';
            (2) in section 112(a)(2)(D) (12 U.S.C. 5322(a)(2)(D)), by 
        striking ``to monitor'' and inserting ``monitor'';
            (3) in section 154(c)(1) (12 U.S.C. 5344(c)(1))--
                    (A) by striking ``Center.--'' and all that follows 
                through ``The Research'' and inserting the following: 
                ``Center.--The Research''; and
                    (B) by redesignating subparagraphs (A) through (H) 
                as paragraphs (1) through (8), respectively; and
            (4) in section 155(a)(2) (12 U.S.C. 5345(a)(2)), by 
        striking the comma after ``subsection (c)''.
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