H.R. 5262

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5262 Reported in House (RH)]

<DOC>

Union Calendar No. 317
119th CONGRESS
1st Session
H. R. 5262

[Report No. 119-365]

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

November 4, 2025

Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed 
in italic]
[For text of introduced bill, see copy of bill as introduced on 
September 10, 2025]

_______________________________________________________________________

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)(C)--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by striking the period at the 
end and inserting ``; or''; and
(C) by adding at the end the following:
``(iii) the proposed merger transaction 
would result in an entity with less than 
$10,000,000,000 in assets.''; and
(2) by adding at the end the following:
``(14) For Merger Transactions Resulting in Institutions With Less 
Than $10,000,000,000 in Assets.--
``(A) In general.--Notwithstanding paragraph (5), if a 
proposed merger transaction would result in an institution with 
less than $10,000,000,000 in assets, then the responsible 
agency shall not consider whether such merger transaction 
would--
``(i) result in a monopoly, or would 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
``(ii) have the effect in any section of the 
country of substantially lessening competition, tending 
to create a monopoly, or in any other manner 
restraining trade.
``(B) Threshold adjustment.--
``(i) In general.--At the end of each year for 
which the nominal gross domestic product of the United 
States increases (a `covered year'), the Corporation 
shall adjust the dollar figures described in 
subparagraph (A) and paragraph (4)(C)(iii) by a 
percentage equal to the percentage increase (if any) 
between--
``(I) the nominal gross domestic product of 
the United States for the year, during the 
preceding 5 years, with respect to which the 
nominal gross domestic product of the United 
States was the highest; and
``(II) the nominal gross domestic product 
of the United States for the covered year.
``(ii) Determination of gdp.--In this paragraph, 
the Corporation shall use nominal gross domestic 
product statistics determined by the Bureau of Economic 
Analysis.''.
(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) For proposed transactions resulting in companies with 
less than $10,000,000,000 in assets.--
``(A) In general.--Notwithstanding paragraph (1), 
if a proposed acquisition, merger, or consolidation 
under this section would result in a company with less 
than $10,000,000,000 in assets, then the Board shall 
not consider whether such acquisition, merger, or 
consolidation would--
``(i) result in a monopoly, or would 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
``(ii) have the effect in any section of 
the country of substantially lessening 
competition, tending to create a monopoly, or 
in any other manner restraining trade.
``(B) Threshold adjustment.--
``(i) In general.--At the end of each year 
for which the nominal gross domestic product of 
the United States increases (a `covered year'), 
the Board shall adjust the dollar figure 
described in subparagraph (A) by a percentage 
equal to the percentage increase (if any) 
between--
``(I) the nominal gross domestic 
product of the United States for the 
year, during the preceding 5 years, 
with respect to which the nominal gross 
domestic product of the United States 
was the highest; and
``(II) the nominal gross domestic 
product of the United States for the 
covered year.
``(ii) Determination of gdp.--In this 
paragraph, the Board shall use nominal gross 
domestic product statistics determined by the 
Bureau of Economic Analysis.''.
(c) For Savings and Loan Holding Companies.--Section 10(e) of the 
Home Owners' Loan Act (12 U.S.C. 1467a(e)) is amended by adding at the 
end the following:
``(8) For proposed transactions resulting in companies with 
less than $10,000,000,000 in assets.--
``(A) In general.--Notwithstanding subparagraphs 
(A) and (B) of paragraph (2), if a proposed transaction 
under this section would result in a company with less 
than $10,000,000,000 in assets, then the Board shall 
not consider whether the transaction would--
``(i) result in a monopoly, or would be in 
furtherance of any combination or conspiracy to 
monopolize or to attempt to monopolize the 
savings and loan business in any part of the 
United States; and
``(ii) have the effect in any section of 
the country of substantially lessening 
competition, tending to create a monopoly, or 
in any other manner restraining trade.
``(B) Threshold adjustment.--
``(i) In general.--At the end of each year 
for which the nominal gross domestic product of 
the United States increases (a `covered year'), 
the Board shall adjust the dollar figure 
described in subparagraph (A) by a percentage 
equal to the percentage increase (if any) 
between--
``(I) the nominal gross domestic 
product of the United States for the 
year, during the preceding 5 years, 
with respect to which the nominal gross 
domestic product of the United States 
was the highest; and
``(II) the nominal gross domestic 
product of the United States for the 
covered year.
``(ii) Determination of gdp.--In this 
paragraph, the Board shall use nominal gross 
domestic product statistics determined by the 
Bureau of Economic Analysis.''.
Union Calendar No. 317

119th CONGRESS

1st Session

H. R. 5262

[Report No. 119-365]

_______________________________________________________________________

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.

_______________________________________________________________________

November 4, 2025

Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed