A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Office of the Comptroller of the Currency of the Department of the Treasury relating to the review of applications under the Bank Merger Act.
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This joint resolution — now enacted as Public Law 119-19 — nullifies a 2024 Office of the Comptroller of the Currency rule that had tightened the federal review process for bank mergers, restoring the prior framework that included automatic approvals and streamlined application forms.
By invoking the Congressional Review Act, Congress has rendered the OCC rule without force or effect, marking a significant rollback of merger-review requirements the banking industry had opposed.
What this law does
What it does
This joint resolution nullifies the OCC rule titled "Business Combinations Under the Bank Merger Act," published in the Federal Register on September 25, 2024 (89 Fed. Reg. 78207). That rule had revised procedures governing how the OCC reviews applications for proposed bank mergers — specifically by removing automatic approvals that previously applied under an expedited review procedure and by discontinuing streamlined application forms available to merging institutions.
Acting under the Congressional Review Act (chapter 8 of title 5, U.S. Code), Congress declared the rule to have no force or effect. This restores the pre-2024 OCC merger-review framework. Under the Congressional Review Act, the OCC may not issue a substantially similar rule in the future without new congressional authorization.
Key provisions
- 1Nullifies the OCC rule 'Business Combinations Under the Bank Merger Act' (89 Fed. Reg. 78207, September 25, 2024), rendering it without force or effect.
Who is affected
Banks and financial institutions seeking to merge or acquire other banks, which now have the prior, less restrictive OCC merger-review framework reinstated — including access to expedited automatic approvals and streamlined application forms the 2024 rule had eliminated. The OCC itself is affected, as it can no longer enforce the nullified rule or issue a substantially similar one.
Why it matters
Banks pursuing mergers regain access to the expedited, automatic-approval pathway the 2024 OCC rule had removed, making it less burdensome and time-consuming to obtain regulatory clearance. Additionally, because the Congressional Review Act bars the OCC from reissuing a substantially similar rule without Congress acting, the nullification has a lasting effect beyond simply pausing the rule.
What changed
Changes to existing law
Repeals OCC rule "Business Combinations Under the Bank Merger Act" (89 Fed. Reg. 78207)
Nullifies the rule in its entirety, restoring the prior OCC bank merger review framework, including expedited automatic approvals and streamlined application forms.
Agencies directed to act
Effective dates
- Joint resolution enacted; OCC rule nullified
How it works
Because this is a Congressional Review Act disapproval, no agency rulemaking or implementation cycle is required. The rule is void upon enactment of this joint resolution. The OCC is barred by statute from reissuing a rule that is substantially the same as the nullified rule unless Congress authorizes it through subsequent legislation. No reporting requirements, grant cycles, or enforcement mechanisms are created by the resolution itself.
Legislative status & sources
Latest action
Became Public Law No: 119-19.
Official CRS summary
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This joint resolution nullifies the final rule issued by the Department of the Treasury’s Office of the Comptroller of the Currency titled Business Combinations Under the Bank Merger Act and published on September 25, 2024. The rule revises procedures for reviewing applications for proposed bank mergers, such as by removing automatic approvals under an expedited review procedure and by discontinuing streamlined application forms.
Legislative subjects
Administrative law and regulatory procedures; Banking and financial institutions regulation; Congressional oversight; Corporate finance and management; Department of the Treasury; Finance and Financial Sector