[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5262 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 5262
To amend the Federal Deposit Insurance Act, the Bank Holding Company
Act of 1956, and the Home Owners' Loan Act to require the consideration
of certain entities and factors when evaluating proposed acquisitions,
mergers, consolidations, assumptions of liabilities, or transfers of
assets, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 10, 2025
Mr. Fitzgerald introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the Federal Deposit Insurance Act, the Bank Holding Company
Act of 1956, and the Home Owners' Loan Act to require the consideration
of certain entities and factors when evaluating proposed acquisitions,
mergers, consolidations, assumptions of liabilities, or transfers of
assets, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bank Competition Modernization
Act''.
SEC. 2. COMPETITIVE FACTOR CONSIDERATIONS.
(a) In General.--Section 18(c) of the Federal Deposit Insurance Act
(12 U.S.C. 1828(c)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (C)--
(i) in clause (i), by striking ``or'' at
the end';
(ii) in clause (ii), by striking the period
at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(iii) if the proposed acquisition,
merger, consolidation, assumption of
liabilities, or transfer of assets under this
section would result in an entity with less
than $10,000,000,000 in assets.''; and
(B) by adding at the end the following:
``(D) Considerations.--When compiling a report on
competitive factors relative to insured depository
institutions under this paragraph at the request of the
responsible agency, the Attorney General shall consider
the banking products and services offered by the
following types of entities, including loans and
deposits:
``(i) Depository institutions, as such term
is defined in section 3(c) of the Federal
Deposit Insurance Act (12 U.S.C. 1813(c)).
``(ii) Depository institution holding
companies, as such term is defined in section
3(w) of the Federal Deposit Insurance Act (12
U.S.C. 1813(w)).
``(iii) Industrial loan companies,
industrial banks, or other similar
institutions, as such term is defined in
section 2(c) of the Bank Holding Company Act
(12 U.S.C. 1841(c)).
``(iv) Entities chartered and operating
under the Farm Credit Act of 1971.
``(v) Nonbank financial companies, as such
term is defined in section 102 of the Financial
Stability Act of 2010.
``(vi) Insured credit unions and noninsured
credit unions, as such terms are defined in
section 101 of the Federal Credit Union Act.'';
and
(2) by adding at the end the following:
``(14) For proposed transactions resulting in entities with
less than $10,000,000,000 in assets.--If a proposed
acquisition, merger, consolidation, assumption of liabilities,
or transfer of assets under this section would result in an
entity with less than $10,000,000,000 in assets, then the
responsible agency shall find that such acquisition, merger,
consolidation, assumption of liabilities, or transfer of assets
would not--
``(A) result in a monopoly, or be in furtherance of
any combination or conspiracy to monopolize or to
attempt to monopolize the business of banking in any
part of the United States; and
``(B) have the effect in any section of the country
of substantially to lessening competition, tending to
create a monopoly, or in any other manner restraining
trade.''.
(b) For Bank Holding Companies.--Section 3(c) of the Bank Holding
Company Act of 1956 (12 U.S.C. 1842(c)) is amended by adding at the end
the following:
``(8) Considerations with respect to competitive factors.--
When evaluating competitive factors relative to a proposed
acquisition, merger, consolidation, assumption of liabilities,
or transfer of assets, under paragraph (1), the Board shall
consider the banking products and services offered by the
following types of entities, including loans and deposits:
``(A) Depository institutions, as such term is
defined in section 3(c) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(c)).
``(B) Depository institution holding companies, as
such term is defined in section 3(w) of the Federal
Deposit Insurance Act (12 U.S.C. 1813(w)).
``(C) Industrial loan companies, industrial banks,
or other similar institutions, as such term is defined
in section 2(c) of the Bank Holding Company Act (12
U.S.C. 1841(c)).
``(D) Entities chartered and operating under the
Farm Credit Act of 1971.
``(E) Nonbank financial companies, as such term is
defined in section 102 of the Financial Stability Act
of 2010.
``(F) Insured credit unions and noninsured credit
unions, as such terms are defined in section 101 of the
Federal Credit Union Act.
``(9) For proposed transactions resulting in entities with
less than $10,000,000,000 in assets.--If a proposed
acquisition, merger, consolidation, assumption of liabilities,
or transfer of assets under this section would result in an
entity with less than $10,000,000,000 in assets, then the Board
shall find that such acquisition, merger, consolidation,
assumption of liabilities, or transfer of assets would not--
``(A) result in a monopoly, or be in furtherance of
any combination or conspiracy to monopolize or to
attempt to monopolize the business of banking in any
part of the United States; and
``(B) have the effect in any section of the country
of substantially to lessening competition, tending to
create a monopoly, or in any other manner restraining
trade.''.
(c) For Savings Associations.--Section 10(e)(2) of the Home Owners'
Loan Act is amended by adding at the end the following:
``(8) Considerations with respect to competitive factors.--
When evaluating competitive factors relative to a proposed
acquisition, merger, consolidation, assumption of liabilities,
or transfer of assets, under paragraph (1), the Board shall
consider the banking products and services offered by the
following types of entities, including loans and deposits:
``(A) Depository institutions, as such term is
defined in section 3(c) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(c)).
``(B) Depository institution holding companies, as
such term is defined in section 3(w) of the Federal
Deposit Insurance Act (12 U.S.C. 1813(w)).
``(C) Industrial loan companies, industrial banks,
or other similar institutions, as such term is defined
in section 2(c) of the Bank Holding Company Act (12
U.S.C. 1841(c)).
``(D) Entities chartered and operating under the
Farm Credit Act of 1971.
``(E) Nonbank financial companies, as such term is
defined in section 102 of the Financial Stability Act
of 2010.
``(F) Insured credit unions and noninsured credit
unions, as such terms are defined in section 101 of the
Federal Credit Union Act.
``(9) For proposed transactions resulting in entities with
less than $10,000,000,000 in assets.--If a proposed
acquisition, merger, consolidation, assumption of liabilities,
or transfer of assets under this section would result in an
entity with less than $10,000,000,000 in assets, then the Board
shall find that such acquisition, merger, consolidation,
assumption of liabilities, or transfer of assets would not--
``(A) result in a monopoly, or be in furtherance of
any combination or conspiracy to monopolize or to
attempt to monopolize the business of banking in any
part of the United States; and
``(B) have the effect in any section of the country
of substantially to lessening competition, tending to
create a monopoly, or in any other manner restraining
trade.''.
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