Promoting New Bank Formation Act

Bill: 119-hr-478
Sponsor: full_name: Rep. Barr, Andy [R-KY-6]
Introduced: 2025-01-16
Policy area: Finance and Financial Sector
Subjects: Administrative law and regulatory procedures

Agricultural prices, subsidies, credit

Bank accounts, deposits, capital

Banking and financial institutions regulation

Congressional oversight

Credit and credit markets

Financial services and investments

Government information and archives

Government studies and investigations

Rural conditions and development
Latest action: action_date: 2025-05-06
text: Placed on the Union Calendar, Calendar No. 64.

Summaries:
action_date: 2025-01-16
action_desc: Introduced in House
text: <p><strong>Promoting New Bank Formation Act</strong></p><p>This bill eliminates and reduces certain requirements applicable to new depository institutions, certain rural community depository institutions, and federal savings associations.</p><p>Federal banking agencies must issue rules allowing a new depository institution or depository institution holding company three years to meet capital requirements. During this period, a depository institution or its depository institution holding company may request to deviate from an approved business plan, and the appropriate agency has 30 days to approve or deny the request.</p><p>In addition, the community bank leverage ratio—a way of evaluating debt levels—is reduced for new rural community depository institutions. Specifically, new rural community depository institutions must have a ratio of 8%, with a three-year phase-in of the rate. After this period, the ratio rises to its current level of 9%.&nbsp;</p><p>Finally, the bill removes certain restrictions to allow federal savings associations to invest in, sell, or otherwise deal in agricultural loans.</p>

tv_txt: IB Union Calendar No. 64 119th CONGRESS 1st Session H. R. 478 [Report No. 119–90] IN THE HOUSE OF REPRESENTATIVES January 16, 2025 Mr. Barr introduced the following bill; which was referred to the Committee on Financial Services May 6, 2025 Additional sponsors: Mr. Meuser , Mr. Downing , Mr. Loudermilk , Ms. De La Cruz , Mr. Cline , Mr. Ellzey , Mr. Scott Franklin of Florida , Mr. Huizenga , Mr. Knott , Mr. Timmons , Mr. Dunn of Florida , Mr. Williams of Texas , Mr. Flood , Mr. Palmer , Mr. Donalds , Mr. Rose , Mr. McDowell , Mr. Alford , Mr. Schmidt , Mr. Fitzgerald , Mr. Shreve , Mr. Moore of North Carolina , Mr. Lawler , and Mr. Sessions May 6, 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 January 16, 2025 A BILL To require the appropriate Federal banking agencies to establish a 3-year phase-in period for de novo financial institutions to comply with Federal capital standards, to provide relief for de novo rural community banks, and for other purposes.

1. Short title This Act may be cited as the Promoting New Bank Formation Act . 2. Phase-in of capital standards The Federal banking agencies shall issue rules that provide for a 3-year phase-in period for a depository institution or depository institution holding company to meet any Federal capital requirements that would otherwise be applicable to the depository institution or depository institution holding company, beginning on— (1) the date on which the depository institution became an insured depository institution; or (2) in the case of a depository institution holding company, the date on which the depository institution subsidiary of the depository institution holding company became an insured depository institution. 3. Changes to business plans (a) In general During the 3-year period beginning on the date on which a depository institution became an insured depository institution, the insured depository institution or its depository institution holding company may request to deviate from a business plan that has been approved by the appropriate Federal banking agency by submitting a request to such agency pursuant to this section. (b) Review of changes The appropriate Federal banking agency shall, not later than the end of the 30-day period beginning on the receipt of a request under subsection (a)— (1) approve, conditionally approve, or deny such request; and (2) notify the applicant of such decision and, if the agency denies the request— (A) provide the applicant with the reason for such denial; and (B) suggest changes to the request that, if adopted, would allow the agency to approve such request. (c) Result of failure to act If an appropriate Federal banking agency fails to approve or deny a request within the 30-day period required under subsection (b), such request shall be deemed to be approved. 4. Rural community depository institution leverage ratio (a) In general During the 3-year period beginning on the date on which a rural depository institution became an insured depository institution, the Community Bank Leverage Ratio for the rural community bank shall be 8 percent. (b) Phase-In authority The Federal banking agencies shall issue rules to phase-in the Community Bank Leverage Ratio described under subsection (a) with respect to a rural depository institution by setting lower Community Bank Leverage Ratio percentages during the first 2 years of the 3-year period described under subsection (a). (c) Definitions In this section: (1) Community Bank Leverage Ratio The term Community Bank Leverage Ratio has the meaning given that term under section 201(a) of the Economic Growth, Regulatory Relief, and Consumer Protection Act ( 12 U.S.C. 5371 note). (2) Rural depository institution The term rural depository institution means a depository institution— (A) with total consolidated assets of less than $10,000,000,000; and (B) located in a rural area, as defined under section 1026.35(b)(iv)(A) of title 12, Code of Federal Regulations. 5. Agricultural loan authority for Federal savings associations Section 5(c) of the Home Owners’ Loan Act ( 12 U.S.C. 1464(c) ) is amended— (1) in paragraph (1), by adding at the end the following: (V) Agricultural loans Secured or unsecured loans for agricultural purposes. ; and (2) in paragraph (2)(A), by striking business, or agricultural and inserting or business . 6. Study on de novo insured depository institutions (a) Study The Federal banking agencies shall, jointly, carry out a study on— (1) the principal causes for the low number of de novo insured depository institutions in the 10-year period ending on the date of enactment of this Act; and (2) ways to promote more de novo insured depository institutions in areas currently underserved by insured depository institutions. (b) Report to Congress Not later than the end of the 1-year period beginning on the date of enactment of this Act, the Federal banking agencies shall, jointly, issue a report to Congress containing all findings and determinations made in carrying out the study required under subsection (a). 7. Definitions In this Act, the terms appropriate Federal banking agency , depository institution , depository institution holding company , Federal banking agency , and insured depository institution have the meaning given those terms, respectively, under section 3 of the Federal Deposit Insurance Act.

May 6, 2025 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: I 119th CONGRESS 1st Session H. R. 478 IN THE HOUSE OF REPRESENTATIVES January 16, 2025 Mr. Barr introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the appropriate Federal banking agencies to establish a 3-year phase-in period for de novo financial institutions to comply with Federal capital standards, to provide relief for de novo rural community banks, and for other purposes.

1. Short title This Act may be cited as the Promoting New Bank Formation Act . 2. Phase-in of capital standards The Federal banking agencies shall issue rules that provide for a 3-year phase-in period for a depository institution or depository institution holding company to meet any Federal capital requirements that would otherwise be applicable to the depository institution or depository institution holding company, beginning on— (1) the date on which the depository institution became an insured depository institution; or (2) in the case of a depository institution holding company, the date on which the depository institution subsidiary of the depository institution holding company became an insured depository institution. 3. Changes to business plans (a) In general During the 3-year period beginning on the date on which a depository institution became an insured depository institution, the insured depository institution or its depository institution holding company may request to deviate from a business plan that has been approved by the appropriate Federal banking agency by submitting a request to such agency pursuant to this section. (b) Review of changes An appropriate Federal banking agency shall, not later than the end of the 30-day period beginning on the receipt of a request under subsection (a)— (1) approve, conditionally approve, or deny such request; and (2) notify the applicant of such decision and, if the agency denies the request— (A) provide the applicant with the reason for such denial; and (B) suggest changes to the request that, if adopted, would allow the agency to approve such request. (c) Result of failure To act If an appropriate Federal banking agency fails to approve or deny a request within the 30-day period required under subsection (b), such request shall be deemed to be approved. 4. Rural community depository institution leverage ratio (a) In general During the 3-year period beginning on the date on which a rural depository institution became an insured depository institution, the Community Bank Leverage Ratio for the rural community bank shall be 8 percent. (b) Phase-In authority The Federal banking agencies shall issue rules to phase-in the Community Bank Leverage Ratio described under subsection (a) with respect to a rural depository institution by setting lower Community Bank Leverage Ratio percentages during the first 2 years of the 3-year period described under subsection (a). (c) Definitions In this section: (1) Community Bank Leverage Ratio The term Community Bank Leverage Ratio has the meaning given that term under section 201(a) of the Economic Growth, Regulatory Relief, and Consumer Protection Act ( 12 U.S.C. 5371 note). (2) Rural depository institution The term rural depository institution means a depository institution— (A) with total consolidated assets of less than $10,000,000,000; and (B) located in a rural area, as defined under section 1026.35(b)(iv)(A) of title 12, Code of Federal Regulations. 5. Agricultural loan authority for Federal savings associations Section 5(c) of the Home Owners’ Loan Act ( 12 U.S.C. 1464(c) ) is amended— (1) in paragraph (1), by adding at the end the following: (V) Agricultural loans Secured or unsecured loans for agricultural purposes. ; and (2) in paragraph (2)(A), by striking business, or agricultural and inserting or business . 6. Study on de novo insured depository institutions (a) Study The Federal banking agencies shall, jointly, carry out a study on— (1) the principal causes for the low number of de novo insured depository institutions in the 10-year period ending on the date of enactment of this Act; and (2) ways to promote more de novo insured depository institutions in areas currently underserved by insured depository institutions. (b) Report to Congress Not later than the end of the 1-year period beginning on the date of enactment of this Act, the Federal banking agencies shall, jointly, issue a report to Congress containing all findings and determinations made in carrying out the study required under subsection (a). 7. Definitions In this Act, the terms appropriate Federal banking agency , depository institution , depository institution holding company , Federal banking agency , and insured depository institution have the meaning given those terms, respectively, under section 3 of the Federal Deposit Insurance Act.