Union Calendar No. 101
119th CONGRESS 1st Session |
[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.
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]
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,
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—
(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—
“(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—
“(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.
(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”;
(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—
“(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—
“(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.
(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—
“(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—
“(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.
Union Calendar No. 101 | |||||
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[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 |