Enhancing Bank Resolution Participation Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6555 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 6555

  To require the Comptroller of the Currency and the Federal Deposit 
   Insurance Corporation to carry out a study on shelf charters and 
    modified bidder qualification processes, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                           December 10, 2025

 Mr. Huizenga introduced the following bill; which was referred to the 
                    Committee on Financial Services

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                                 A BILL


 
  To require the Comptroller of the Currency and the Federal Deposit 
   Insurance Corporation to carry out a study on shelf charters and 
    modified bidder qualification processes, 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 ``Enhancing Bank Resolution 
Participation Act''.

SEC. 2. STUDY ON SHELF CHARTERS AND MODIFIED BIDDER QUALIFICATION 
              PROCESSES.

    (a) Study.--The Comptroller of the Currency and the Federal Deposit 
Insurance Corporation shall, jointly, carry out a study of--
            (1) the use by the Comptroller of the Currency of shelf 
        charters, including all conditional or preliminary shelf 
        charter approvals granted between January 1, 2008, and the date 
        of enactment of this Act;
            (2) the use by the Federal Deposit Insurance Corporation of 
        the modified bidder qualification process;
            (3) whether shelf charters and modified bidder 
        qualification processes were considered or used in connection 
        with the receivership of any insured depository institution for 
        which the Federal Deposit Insurance Corporation was appointed 
        receiver in 2023; and
            (4) with respect to such receiverships, the extent to which 
        greater use of shelf charters and modified bidder qualification 
        processes could have--
                    (A) expanded the pool of participants in the 
                acquisition of the assets or liabilities of such failed 
                insured depository institutions;
                    (B) resulted in greater competition and diversity 
                in market outcomes;
                    (C) protected the Deposit Insurance Fund; or
                    (D) strengthened financial stability and reduced 
                the need for any emergency determination by the 
                Secretary of the Treasury under section 13(c)(4)(G) of 
                the Federal Deposit Insurance Act (12 U.S.C. 
                1823(c)(4)(G)) with respect to any such receivership.
    (b) Report.--Not later than 270 days after the date of enactment of 
this Act, the Comptroller of the Currency, and the Federal Deposit 
Insurance Corporation shall, jointly, submit a report to the Committee 
on Financial Services of the House of Representatives and the Committee 
on Banking, Housing, and Urban Affairs of the Senate containing--
            (1) all findings and determinations made in carrying out 
        the study required under subsection (a); and
            (2) an identification of statutory or regulatory barriers 
        to the use and effectiveness of shelf charters and modified 
        bidder qualification processes in the resolution of failed 
        banks, including recommendations for legislative and regulatory 
        changes.
    (c) Consultation.--The Comptroller of the Currency and the Federal 
Deposit Insurance Corporation shall consult with the Board of Governors 
of the Federal Reserve System in carrying out the study under 
subsection (a) and in preparing the report under subsection (b), 
including with respect to the application of the Bank Holding Company 
Act of 1956 to shelf charter proposals and to the participation of 
investors not organized as an insured depository institution in the 
modified bidder qualification process.
    (d) Definitions.--In this section:
            (1) Insured depository institution.--The term ``insured 
        depository institution'' has the meaning given the term in 
        section 3 of the Federal Deposit Insurance Act (12 U.S.C. 
        1813).
            (2) Modified bidder qualification process.--The term 
        ``modified bidder qualification process'' has the meaning given 
        such term in the press release of the Federal Deposit Insurance 
        Corporation titled ``FDIC Expands Bidder List for Troubled 
        Institutions Plan Allows Those Without a Bank Charter to 
        Participate in the Process'' published November 26, 2008.
            (3) Shelf charter.--The term ``shelf charter'' has the 
        meaning given such term in the report issued by the Comptroller 
        of the Currency titled ``Activities Permissible for National 
        Banks and Federal Savings Associations, Cumulative'' published 
        October 2017.
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