Section 1. Short title
This Act may be cited as the Promoting New Bank Formation Act.
Section 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.
(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.
(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.
(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.
Section 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.