H.R. 6555: Enhancing Bank Resolution Participation Act

This bill, known as the Enhancing Bank Resolution Participation Act, proposes a study to evaluate certain banking processes and tools aimed at improving the management of failed banks. The main elements of the bill are outlined below:

Study Mandate

The bill requires the following entities to conduct a study:

• The Comptroller of the Currency
• The Federal Deposit Insurance Corporation (FDIC)

The study will focus on two specific areas:

• Shelf Charters: This involves an assessment of the use of shelf charters, particularly the conditional or preliminary approvals granted from January 1, 2008, up to the bill's enactment date.
• Modified Bidder Qualification Process: This pertains to how participants qualify in bidding processes during bank failures.

Evaluation of Past Cases

The study will also examine if shelf charters and the modified bidder qualification processes were utilized or considered during the receivership of insured depository institutions in 2023. Furthermore, it will analyze whether the increased use of these processes might have:

• Expanded the pool of bidders for acquiring assets or liabilities from failed banks.
• Enhanced competition and market diversity.
• Protected the Deposit Insurance Fund.
• Strengthened overall financial stability.

Report Requirements

Under the bill, the Comptroller of the Currency and the FDIC must submit a report within 270 days of the bill's enactment. This report should include:

• A summary of all findings from the study.
• Identification of statutory or regulatory obstacles that may limit the effectiveness of shelf charters and modified bidder processes.
• Recommendations for any necessary legislative or regulatory changes.

Consultation Requirements

In preparing the study and report, the Comptroller and the FDIC are required to consult with the Board of Governors of the Federal Reserve System. This consultation will specifically address:

• The applicability of the Bank Holding Company Act of 1956 to shelf charter proposals.
• The involvement of non-bank investors in the modified bidder qualification process.

Definitions

Key terms defined in the bill include:

• Insured Depository Institution: Defined as per section 3 of the Federal Deposit Insurance Act.
• Modified Bidder Qualification Process: Described in a 2008 FDIC press release that expanded the list of qualified bidders for troubled institutions.
• Shelf Charter: Referenced in a report by the Comptroller outlining permissible activities for national banks and federal savings associations as of 2017.

Relevant Companies

• None found