S. 3070 – Financial Institution Living Will Improvement Act of 2018

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Updated April 15, 2026 at 10:26 PM UTC

The Financial Institution Living Will Improvement Act of 2018 updates the Dodd‑Frank requirements for how banks and other insured financial institutions prepare and update their resolution (living‑will) plans. It sets a fixed two‑year review cycle, adds a deadline for regulators to give feedback, and requires public disclosure of the assessment framework used. The changes apply to all covered banking organizations and the federal agencies that oversee them.

Key Provisions

Changes the required frequency of resolution‑plan updates from “periodically” to “every 2 years.”
Amends the Federal Reserve Board’s review process to include a specific feedback deadline – feedback must be provided within six months after a company submits its resolution plan.
Requires the Board of Governors and the FDIC to publicly disclose the assessment framework they use to evaluate resolution plans.
Mandates that other federal banking agencies follow the same review standards and may not require resolution plans more often than every two years.
Provides definitions for “appropriate federal banking agency,” “banking organization,” and related terms, while preserving agencies’ authority to obtain information during examinations.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Banking, Housing, and Urban Affairs Committee

June 14, 2018

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SenateIntro Referral

Introduced in Senate

June 14, 2018

SenateIntro Referral

Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Banking, Housing, and Urban Affairs Committee

June 14, 2018

Bill Text

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Introduced in SenateIssued June 14, 2018

II

115th CONGRESS

2d Session

S. 3070

IN THE SENATE OF THE UNITED STATES

June 14, 2018

Mr. Rounds (for himself and Mr. Jones) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs

A BILL

To reform the living will process under the Dodd-Frank Wall Street Reform and Consumer Protection Act.

1.

Short title

This Act may be cited as the Financial Institution Living Will Improvement Act of 2018.

2.

Living will reforms

(a)

In general

Section 165(d) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5365(d)) is amended—

(1)

in paragraph (1), by striking periodically and inserting every 2 years; and

(2)

in paragraph (3)—

(A)

by striking The Board and inserting the following:

(A)

In general

The Board

;

(B)

by striking shall review and inserting the following:

shall—

(i)

review

;

(C)

by striking the period and inserting ; and; and

(D)

by adding at the end the following:

(ii)

not later than the end of the 6-month period beginning on the date the company submits the resolution plan, provide feedback to the company on such plan.

(B)

Disclosure of assessment framework

The Board of Governors and the Corporation shall publicly disclose the assessment framework that is used to review information under this paragraph.

.

(b)

Treatment of other resolution plan requirements

(1)

In general

With respect to an appropriate Federal banking agency that requires a banking organization to submit to the agency a resolution plan not described under section 165(d) of the Dodd-Frank Wall Street Reform and Consumer Protection Act—

(A)

the respective agency shall ensure that the review of such resolution plan is consistent with the requirements contained in the amendments made by this Act;

(B)

the agency may not require the submission of such a resolution plan more often than every 2 years; and

(C)

paragraphs (6) and (7) of such section 165(d) shall apply to such a resolution plan.

(2)

Definitions

For purposes of this subsection:

(A)

Appropriate Federal banking agency

The term appropriate Federal banking agency—

(i)

has the meaning given such term under section 3 of the Federal Deposit Insurance Act; and

(ii)

means the National Credit Union Administration, in the case of an insured credit union.

(B)

Banking organization

The term banking organization means—

(i)

an insured depository institution;

(ii)

an insured credit union;

(iii)

a depository institution holding company;

(iv)

a company that is treated as a bank holding company for purposes of section 8 of the International Banking Act; and

(v)

a U.S. intermediate holding company established by a foreign banking organization pursuant to section 252.153 of title 12, Code of Federal Regulations.

(C)

Insured credit union

The term insured credit union has the meaning given that term under section 101 of the Federal Credit Union Act.

(D)

Other banking terms

The terms depository institution holding company and insured depository institution have the meaning given those terms, respectively, under section 3 of the Federal Deposit Insurance Act.

(c)

Rule of construction

Nothing in this Act, or any amendment made by this Act, shall be construed as limiting the authority of an appropriate Federal banking agency (as defined under subsection (b)(2)) to obtain information from an institution in connection with such agency’s authority to examine or require reports from the institution.