A group of House Republicans are requesting that the Federal Deposit Insurance Corporation (FDIC) provide a briefing on recent changes impacting asset management firms.
Specifically, they would like a briefing on the FDIC’s asset manager passivity agreements and the proposed rule amending the FDIC’s regulations under the Change in Bank Control Act (CBCA).
The FDIC is requiring two asset management firms to enter into new passivity agreements with the agency by Oct. 31 or potentially be found in noncompliance. The Republican lawmakers are concerned this implements the proposed prior to finalizing the rulemaking and without a board vote.
Further, they contend that this potentially violates the law and raises questions regarding the FDIC’s internal rulemaking process.
“On July 30, 2024, the Board of the Federal Deposit Insurance Corporation (FDIC) voted on partisan lines to approve Director Chopra’s proposal to issue a Notice of Proposed Rulemaking (NPRM) to amend the FDIC’s regulations implementing the Change in Bank Control Act (CBCA). The proposal amends FDIC regulations by eliminating a provision that currently exempts firms from providing notice to the FDIC when acquiring voting securities of a depository institution holding company if the Board of Governors of the Federal Reserve System is already reviewing a notice pursuant to the CBCA,” the Republicans wrote to FDIC Chair Martin Gruenberg.
The letter was signed by U.S. Rep. Patrick McHenry (R-NC), chair of the House Financial Services Committee, along with U.S. Reps. Andy Barr (R-KY) and Bill Huizenga (R-MI).
“After issuing the NPRM, the FDIC extended the comment period from October 18, 2024 to November 18, 2024, to allow additional time for the public and stakeholders to provide input on the rule. Despite the extended comment period, it is our understanding the FDIC is requiring asset management firms to enter into new passivity agreements with the agency no later than October 31, 2024 or potentially be found in noncompliance. The FDIC is taking such action almost three weeks before the comment file closes. Additionally, it is unclear whether the new requirements imposed in the NPRM have been approved by the entire FDIC Board, or the extent to which there is interagency coordination,” they continued.
The lawmakers added that the actions to move forward on a rule without accommodating full input from all FDIC Directors nor substantively reviewing public comments raise legal questions on the agency’s internal rulemaking processes.
“To that end, please produce any documents provided to asset management firms related to the proposed amendments to the CBCA in question, including the letters and term sheets sent to such firms on August 2, 2024 and October 4, 2024, respectively,” they wrote.
They also request a briefing by Nov. 8.