Where is the rule guidance on implementing the Collin's amendment?

Question

BACKGROUND

The Dodd–Frank Wall Street Reform and Consumer Protection Act was signed into United States federal law by President Barack Obama on July 21, 2010. Section 171 known as the Collins amendment states:

Minimum risk-based capital requirements: The appropriate Federal banking agencies shall establish minimum risk-based capital requirements on a consolidated basis for insured depository institutions, depository institution holding companies, and nonbank financial companies supervised by the Board of Governors. The minimum risk-based capital requirements established under this paragraph shall not be less than the generally applicable risk-based capital requirements, which shall serve as a floor for any capital requirements that the agency may require, nor quantitatively lower than the generally applicable risk-based capital requirements that were in effect for insured depository institutions as of the date of enactment of this Act.

I need to locate detailed guidance on calculation of the above mentioned risk based capital requirements.

I found the below reference for Dodd Frank:

Pub. L. No. 111-203, 124 Stat. 1376, codified in relevant part at 12 U.S.C. § 5301, §§ 5481-5603, and in laws amended (Title X); and 12 U.S.C. § 5481 note, 15 U.S.C. § 1601 note, § 1602, and § 1631 et seq. (Title XIV)

I'm translating this as: Public Law number 111 to 203, statute 1376. Title 12 of the United States Code, chapters xx, etc.

I understand that when a bill is signed into law by the President it is sent to the Office of the Federal Register to be assigned a law number and paginated for the United States Statutes at Large. Afterwards, a List of Public Laws is created, posted online, and then published in the Federal Register which I understand to be the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices.

USC Title 12 and Statute 1376 are very high level. No details/guidance on the calculation of the floor that they rule on. No breakout of how credit risk, market risk, operational risk fit into the calculation for example. I'm currently reviewing the federal register but making very slow progress.

QUESTIONS

Is there a guidance manual such as the MPEP in Patent Law that accompanies USC Title 12?

What is the next level of publications down? I am looking for publications with more detail and granular discussion of implementation of the laws in the USC and Statute.

In Statute 1376, it's title is "124 STAT. 1376". What does the 124 reference? Is that a grouping of Statutes? Banking for example?

Answer 1

I found the below reference for Dodd Frank:

Pub. L. No. 111-203, 124 Stat. 1376, codified in relevant part at 12 U.S.C. § 5301, §§ 5481-5603, and in laws amended (Title X); and 12 U.S.C. § 5481 note, 15 U.S.C. § 1601 note, § 1602, and § 1631 et seq. (Title XIV)

I'm translating this as: Public Law number 111 to 203, statute 1376. Title 12 of the United States Code, chapters xx, etc.

The 111 stands for the 111th Congress (we are currently in the 114th). So it is the 203rd law passed in the 111th Congress. 124 Stat. 1376 is a volume (124) and page number (1376) of the first page of that statute in a series of dead tree books containing that public law. This public law amended the following sections of United States Code title 12: 5301, 5481-5603, 5481 note and all of Title X. There were also changes to United States Code title 15: § 1601 note, § 1602, and § 1631 et seq. (a.k.a. Title XIV).

You should consider buying the current edition of "The Bluebook" that explains all forms of legal citations and provides a list of the abbreviations used.

The Federal Register actually only does regulations, but the Government Printing Office does what you say the Federal Register does. There is a parallel operation for laws to the one for regulations.

There should be regulations interpreting this promulgated by the bodies assigned regulatory authority under the act first in the Federal Register and from there to the Code of Federal Regulations. You would look in the CFR and also in other publications of the agency, but secondary authority may be more useful. (For most banks, the agency is the FDIC, but some financial institutions that are covered are governed by other agencies with a similar mission.)

There is a lot of secondary authority on this particular law and some of the guidance also flows from private sector accounting principles. The accounting principles are promulgated by the Financial Accounting Standards Board, a non-profit run by CPAs.

Is there a guidance manual such as the MPEP in Patent Law that accompanies USC Title 12?

No.