Bill Details

HR.1900 - 119th Congress

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Status
  1. Introduced
  2. Passed House
  3. Passed Senate
  4. To President
  5. Law
Latest action
2025-06-04 - Placed on the Union Calendar, Calendar No. 101.
Introduced Date
2025-03-06
Policy Area
Finance and Financial Sector
Committees
View committees (1)
6
0

AI Summary This summary was generated by AI from the bill text. AI can get information wrong.

This bill would set new deadlines for federal banking regulators when they review certain bank-related merger and acquisition applications. It says regulators must quickly tell applicants whether their paperwork is complete, what extra information is needed, and then make a final decision within 90 days of the first submission. The bill also limits how regulators can judge whether an application is complete by saying they must rely only on information from the applicant, not outside comments or reports. If the agency misses the deadline, the application would be treated as approved.

  • It applies to applications involving bank holding companies, savings and loan holding companies, and mergers involving insured banks.
  • Within 30 days of getting an application, the agency must say either that the record is complete or list all missing information. For especially complex cases, it can take up to 60 days.
  • After an applicant sends in the requested information, the application is automatically treated as complete unless the agency says, within 30 days, that the response was seriously incomplete.
  • Agencies may use only information from the applicant when deciding if the record is complete; they may not rely on third-party reports, opinions, or recommendations for that step.
  • The agency must approve or deny the application within 90 days of the original filing, and if it does not, the application is considered approved. The applicant may agree to extend that deadline by up to 30 more days.

Official Summaries

Bank Failure Prevention Act of 2025

This bill revises the Federal Reserve Board’s review process of merger and acquisition applications for bank holding companies.

Specifically, the board must notify the applicant within a certain time period regarding whether the application is complete or if additional information is required. The board must grant or deny such an application no later than 90 days after submission, regardless of whether the application was deemed complete. (Currently, the board must grant or deny an application no later than 90 days after receipt of a complete application.)

In addition, the board is prohibited from basing such application determinations on information provided by third parties.

Current Full Text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1900 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 101
119th CONGRESS
  1st Session
                                H. R. 1900

                          [Report No. 119-132]

     To specify when the record is complete on certain acquisition 
 applications related to depository institution holding companies, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 2025

  Mr. Barr (for himself and Mr. Fitzgerald) introduced the following 
    bill; which was referred to the Committee on Financial Services

                              June 4, 2025

            Additional sponsors: Mr. Meuser and Mr. Sessions

                              June 4, 2025

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                                6, 2025]


_______________________________________________________________________

                                 A BILL


 
     To specify when the record is complete on certain acquisition 
 applications related to depository institution holding companies, 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 ``Bank Failure Prevention Act of 
2025''.

SEC. 2. COMPLETE RECORD ON AN APPLICATION.

    (a) Bank Holding Companies.--Section 3(b)(1) of the Bank Holding 
Company Act of 1956 (12 U.S.C. 1842(b)(1)) is amended--
            (1) by striking ``Upon receiving'' and inserting the 
        following:
            ``(A) In general.--Upon receiving'';
            (2) by striking ``required'' and inserting ``acquired'';
            (3) by striking ``In the event of the failure of the Board 
        to act on any application for approval under this section 
        within the ninety-one-day period which begins on the date of 
        submission to the Board of the complete record on that 
        application, the application shall be deemed to have been 
        granted.''; and
            (4) by adding at the end the following:
            ``(B) Complete record on an application.--
                    ``(i) Notice to applicant.--Not later than 30 days 
                after the date on which the Board receives an 
                application for approval under this section, the Board 
                shall transmit to the applicant a letter that either--
                            ``(I) confirms the record on the 
                        application is complete; or
                            ``(II) details all additional information 
                        that is required for the record on that 
                        application to be complete.
                    ``(ii) Extension of notice.--Notwithstanding clause 
                (i), the Board may, if an application is complex, 
                extend the 30-day period described under clause (i) for 
                an additional 30 days.
                    ``(iii) Receipt of response; deeming of complete 
                record.--Upon receipt of a response from an applicant 
                to a notice requesting additional information described 
                under clause (i)(II), the record on the application 
                shall be deemed complete unless the Board--
                            ``(I) determines that the applicant's 
                        response was materially deficient; and
                            ``(II) not later than 30 days after the 
                        date on which the Board received the response, 
                        provides the applicant a detailed notice 
                        describing the deficiencies.
                    ``(iv) Treatment of third-party information.--In 
                determining whether the record on an application is 
                complete, the Board may take into account only 
                information provided by the applicant, and may not base 
                the determination of completeness on any information 
                (including reports, views, or recommendations) provided 
                by third parties.
            ``(C) Deadline for determination.--
                    ``(i) In general.--Notwithstanding subparagraphs 
                (A) and (B), the Board shall grant or deny an 
                application submitted under this section not later than 
                90 days after the date on which the application was 
                initially submitted to the Board, regardless of whether 
                the record on such initial application was complete.
                    ``(ii) Failure to make a determination.--If the 
                Board does not grant or deny an application within the 
                time period described under clause (i), such 
                application shall be deemed to have been granted.
                    ``(iii) Tolling of period.--The Board may at any 
                time extend the deadline described under clause (i) at 
                the request of the applicant, but may not extend the 
                deadline more than 30 days past the deadline described 
                under clause (i).''.
    (b) Savings and Loan Holding Companies.--Section 10(e) of the Home 
Owners' Loan Act (12 U.S.C. 1467a(e)) is amended--
            (1) in paragraph (2), by striking ``, and shall render a 
        decision within 90 days after submission to the Board of the 
        complete record on the application'';
            (2) by redesignating paragraph (7) as paragraph (9); and
            (3) by inserting after paragraph (6) the following:
            ``(7) Complete record on an application.--
                    ``(A) Notice to applicant.--Not later than 30 days 
                after the date on which the Board receives an 
                application for approval under this subsection, the 
                Board shall transmit to the applicant a letter that 
                either--
                            ``(i) confirms the record on the 
                        application is complete; or
                            ``(ii) details all additional information 
                        that is required for the record on that 
                        application to be complete.
                    ``(B) Extension of notice.--Notwithstanding 
                subparagraph (A), the Board may, if an application is 
                complex, extend the 30-day period described under 
                subparagraph (A) for an additional 30 days.
                    ``(C) Receipt of response; deeming of complete 
                record.--Upon receipt of a response from an applicant 
                to a notice requesting additional information described 
                under subparagraph (A)(ii), the record on the 
                application shall be deemed complete unless the Board--
                            ``(i) determines that the applicant's 
                        response was materially deficient; and
                            ``(ii) not later than 30 days after the 
                        date on which the Board received the response, 
                        provides the applicant a detailed notice 
                        describing the deficiencies.
                    ``(D) Treatment of third-party information.--In 
                determining whether the record on an application is 
                complete, the Board may take into account only 
                information provided by the applicant, and may not base 
                the determination of completeness on any information 
                (including reports, views, or recommendations) provided 
                by third parties.
            ``(8) Deadline for determination.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this subsection, the Board shall grant or 
                deny an application submitted under this subsection not 
                later than 90 days after the date on which the 
                application was initially submitted to the Board, 
                regardless of whether the record on such initial 
                application was complete.
                    ``(B) Failure to make a determination.--If the 
                Board does not grant or deny an application within the 
                time period described under subparagraph (A), such 
                application shall be deemed to have been granted.
                    ``(C) Tolling of period.--The Board may at any time 
                extend the deadline described under subparagraph (A) at 
                the request of the applicant, but may not extend the 
                deadline more than 30 days past the deadline described 
                under subparagraph (A).''.
    (c) Insured Depository Institutions.--Section 18(c) of the Federal 
Deposit Insurance Act (12 U.S.C. 1828(c)) is amended by adding at the 
end the following:
    ``(14) Complete Record on an Application.--
            ``(A) Notice to applicant.--Not later than 30 days after 
        the date on which the responsible agency receives a merger 
        application for approval under this subsection, the responsible 
        agency shall transmit to the applicant a letter that either--
                    ``(i) confirms the record on the application is 
                complete; or
                    ``(ii) details all additional information that is 
                required for the record on that application to be 
                complete.
            ``(B) Extension of notice.--Notwithstanding subparagraph 
        (A), the responsible agency may, if an application is unusually 
        complex, extend the 30-day period described under subparagraph 
        (A) for an additional 30 days.
            ``(C) Receipt of response; deeming of complete record.--
        Upon receipt of a response from an applicant to a notice 
        requesting additional information described under subparagraph 
        (A)(ii), the record on the application shall be deemed complete 
        unless the responsible agency--
                    ``(i) determines that the applicant's response was 
                materially deficient; and
                    ``(ii) not later than 30 days after the date on 
                which the responsible agency received the response, 
                provides the applicant a detailed notice describing the 
                deficiencies.
            ``(D) Treatment of third-party information.--In determining 
        whether the record on an application is complete, the 
        responsible agency may take into account only information 
        provided by the applicant, and may not base the determination 
        of completeness on any information (including reports, views, 
        or recommendations) provided by third parties.
    ``(15) Deadline for Determination.--
            ``(A) In general.--Notwithstanding any other provision of 
        this subsection, the responsible agency shall grant or deny a 
        merger application submitted under this subsection not later 
        than 90 days after the date on which the application was 
        initially submitted to the responsible agency, regardless of 
        whether the record on such initial application was complete.
            ``(B) Failure to make a determination.--If the responsible 
        agency does not grant or deny an application within the time 
        period described under subparagraph (A), such application shall 
        be deemed to have been granted.
            ``(C) Tolling of period.--The responsible agency may at any 
        time extend the deadline described under subparagraph (A) at 
        the request of the applicant, but may not extend the deadline 
        more than 30 days past the deadline described under 
        subparagraph (A).''.
                                                 Union Calendar No. 101

119th CONGRESS

  1st Session

                               H. R. 1900

                          [Report No. 119-132]

_______________________________________________________________________

                                 A BILL

     To specify when the record is complete on certain acquisition 
 applications related to depository institution holding companies, and 
                          for other purposes.

_______________________________________________________________________

                              June 4, 2025

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed