1. Short title This Act may be cited as the Bank Failure Prevention Act . 2. Conversion of insured State bank with total consolidated assets equal to or greater than $100,000,000,000 into a national bank (a) In general Section 24 of Federal Deposit Insurance Act ( 12 U.S.C. 1831a ) is amended by adding at the end the following: (k) Automatic conversion to a national banking association (1) Definitions In this subsection: (A) Average total consolidated assets The term average total consolidated assets means the average of total consolidated assets for the four most recent calendar quarters or, if the insured State bank has not reported total consolidated assets for each of the four most recent calendar quarters, the total consolidated assets for the most recent calendar quarter or average of the most recent calendar quarters, as applicable. (B) Covered insured state bank The term “covered insured State bank” means an insured State bank with average total consolidated assets equal to or greater than $100,000,000,000. (2) Conversion (A) In general By operation of law, a covered insured State bank shall convert to and become a national banking association on the date that is 180 days after the end of the quarter in which the insured State bank became a covered insured State bank. The Comptroller of the Currency shall issue a certificate of organization to the association on such date. The requirements and restrictions on the conversion of a State Bank or Savings Association contained in Section 5154 of the Revised Statutes of the United States ( 12 U.S.C. 35 ) do not apply to conversions under this section. A covered insured State bank may continue to operate any branch or agency that the covered insured State bank operated on the date on which the Comptroller of the Currency issues the certificate of organization. The Comptroller of the Currency may, in the Comptroller’s discretion and subject to such terms and conditions as the Comptroller may prescribe, permit such covered insured State bank to retain and carry