[Congressional Record Volume 163, Number 201 (Monday, December 11, 2017)]
[House]
[Page H9773]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  INVESTOR CLARITY AND BANK PARITY ACT

  Mr. LUETKEMEYER. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 3093) to amend the Volcker Rule to permit certain 
investment advisers to share a similar name with a private equity fund, 
subject to certain restrictions, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3093

       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 ``Investor Clarity and Bank 
     Parity Act''.

     SEC. 2. NAMING RESTRICTIONS.

       Section 13 of the Bank Holding Company Act of 1956 (12 
     U.S.C. 1851) is amended--
       (1) in subsection (d)(1)(G)(vi), by inserting before the 
     semicolon the following: ``, except that the hedge fund or 
     private equity fund may share the same name or a variation of 
     the same name as a banking entity that is an investment 
     adviser to the hedge fund or private equity find, if--

       ``(I) such investment adviser is not an insured depository 
     institution, a company that controls an insured depository 
     institution, or a company that is treated as a bank holding 
     company for purposes of section 8 of the International 
     Banking Act of 1978;
       ``(II) such investment adviser does not share the same name 
     or a variation of the same name as an insured depository 
     institution, any company that controls an insured depository 
     institution, or any company that is treated as a bank holding 
     company for purposes of section 8 of the International 
     Banking Act of 1978; and
       ``(III) such name does not contain the word `bank' ''; and

       (2) in subsection (h)(5)(C), by inserting before the period 
     the following: ``, except as permitted under subsection 
     (d)(1)(G)(vi)''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Missouri (Mr. Luetkemeyer) and the gentleman from Massachusetts (Mr. 
Capuano) each will control 20 minutes.
  The Chair recognizes the gentleman from Missouri.


                             General Leave

  Mr. LUETKEMEYER. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and to include extraneous material on the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Missouri?
  There was no objection.
  Mr. LUETKEMEYER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 3093, the Investor Clarity and 
Bank Parity Act. I would like to start by thanking my colleague from 
Massachusetts (Mr. Capuano) for his work on this important bipartisan 
legislation.
  This bill makes a modest amendment to section 619 of the Dodd-Frank 
Act, also known as the Volcker rule, by correcting an unintended 
consequence that occurred during implementation.
  When the regulators issued the final rule to the Volcker rule, they 
imposed severe limitations on the ability of bank holding companies and 
their affiliates, including investment advisers, to sponsor hedge funds 
and private equity funds, also known as covered funds. As a result, a 
covered fund cannot use the name of a sponsor.
  For example, if XYZ investment adviser is an affiliate of XYZ bank 
and sponsors a real estate fund, that real estate fund could not be 
named XYZ real estate fund. Not only is such a restriction at odds with 
industry practice, it reduces transparency and confuses investors about 
who is actually managing a covered fund.
  H.R. 3093 eliminates this prohibition and simply allows an affiliate 
of a bank holding company, such as an investment adviser, to share a 
similar name with a private equity fund. In doing so, this legislation 
clarifies the original intent of the Volcker rule and, most 
importantly, helps investors have better insight into who is actually 
managing a covered fund.
  Finally, H.R. 3093 is consistent with recommendations provided by the 
Treasury Department in its recent report on banks and credit unions.
  I want to again thank my friend from Massachusetts for his work on 
this bill. The Volcker rule is in need of additional reforms. I 
appreciate that Mr. Capuano has started on the naming issue and that 
our colleagues on the Senate Banking Committee have included modest 
Volcker reforms in Chairman Crapo's regulatory relief legislation.
  It is my hope, however, that this is the beginning of the 
conversation and that we can work again in a bipartisan, bicameral 
fashion to pass additional Volcker reforms, such as the designation of 
a single regulator to work with other regulators. In the meantime, I 
urge my colleagues to support this commonsense legislation today.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CAPUANO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I believe the gentleman from Missouri has stated 
everything that needs to be said. This is a simple bill that is a 
technical amendment to the Volcker rule that I strongly support. I know 
that many others have opposition to that. This is a minor change.
  When you do a bill like Dodd-Frank, or any major bill, there are 
always things you make a mistake on and that you didn't see coming. 
This is one of them.
  It is very simple. This simply allows a company to use names that 
they have been using forever. That is really all it is. I appreciate 
the gentleman's willingness and the committee's willingness to hear 
this simple bill.
  Mr. Speaker, I urge passage of this bill, and I yield back the 
balance of my time.
  Mr. LUETKEMEYER. Mr. Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Missouri (Mr. Luetkemeyer) that the House suspend the 
rules and pass the bill, H.R. 3093.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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