IB
Union Calendar No. 317
119th CONGRESS
1st Session
H. R. 5262
[Report No. 119–365]
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.
Short title
This Act may be cited as the Bank Competition Modernization Act
.
Competitive factor considerations
In general
Section 18(c) of the Federal Deposit Insurance Act (12 U.S.C. 1828(c)) is amended—
in paragraph (4)(C)—
in clause (i), by striking or
at the end;
in clause (ii), by striking the period at the end and inserting ; or
; and
by adding at the end the following:
the proposed merger transaction would result in an entity with less than $10,000,000,000 in assets.
; and
by adding at the end the following:
For merger transactions resulting in institutions with less than $10,000,000,000 in assets
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—
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
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.
Threshold adjustment
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—
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
the nominal gross domestic product of the United States for the covered year.
Determination of GDP
In this paragraph, the Corporation shall use nominal gross domestic product statistics determined by the Bureau of Economic Analysis.
.
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:
For proposed transactions resulting in companies with less than $10,000,000,000 in assets
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—
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
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.
Threshold adjustment
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—
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
the nominal gross domestic product of the United States for the covered year.
Determination of GDP
In this paragraph, the Board shall use nominal gross domestic product statistics determined by the Bureau of Economic Analysis.
.
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:
For proposed transactions resulting in companies with less than $10,000,000,000 in assets
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—
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
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.
Threshold adjustment
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—
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
the nominal gross domestic product of the United States for the covered year.
Determination of GDP
In this paragraph, the Board shall use nominal gross domestic product statistics determined by the Bureau of Economic Analysis.
.
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