I 
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 consider-
ation of certain entities and factors when evaluating proposed acquisi-
tions, 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, merg-
ers, consolidations, assumptions of liabilities, or transfers 
of assets, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Bank Competition 
Modernization Act’’. 
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SEC. 2. COMPETITIVE FACTOR CONSIDERATIONS. 
(a) IN GENERAL.—Section 18(c) of the Federal De-
posit 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 pe-
riod at the end and inserting ‘‘; or’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) if the proposed acquisition, 
merger, consolidation, assumption of liabil-
ities, or transfer of assets under this sec-
tion 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 in-
sured depository institutions under this para-
graph 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 Fed-
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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, con-
solidation, assumption of liabilities, or transfer of as-
sets would not— 
‘‘(A) result in a monopoly, or be in fur-
therance 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 competi-
tion, 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 COM-
PETITIVE
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 con-
sider the banking products and services offered by 
the following types of entities, including loans and 
deposits: 
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‘‘(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 compa-
nies, 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 Fi-
nancial Stability Act of 2010. 
‘‘(F) Insured credit unions and noninsured 
credit unions, as such terms are defined in sec-
tion 101 of the Federal Credit Union Act. 
‘‘(9) FOR PROPOSED TRANSACTIONS RESULT-
ING IN ENTITIES WITH LESS THAN $10,000,000,000 IN 
ASSETS.—If a proposed acquisition, merger, consoli-
dation, 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 
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shall find that such acquisition, merger, consolida-
tion, assumption of liabilities, or transfer of assets 
would not— 
‘‘(A) result in a monopoly, or be in fur-
therance 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 competi-
tion, 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 COM-
PETITIVE
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 con-
sider the banking products and services offered by 
the following types of entities, including loans and 
deposits: 
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‘‘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 compa-
nies, 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 Fi-
nancial Stability Act of 2010. 
‘‘(F) Insured credit unions and noninsured 
credit unions, as such terms are defined in sec-
tion 101 of the Federal Credit Union Act. 
‘‘(9) FOR PROPOSED TRANSACTIONS RESULT-
ING IN ENTITIES WITH LESS THAN $10,000,000,000 IN 
ASSETS.—If a proposed acquisition, merger, consoli-
dation, 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 
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shall find that such acquisition, merger, consolida-
tion, assumption of liabilities, or transfer of assets 
would not— 
‘‘(A) result in a monopoly, or be in fur-
therance 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 competi-
tion, tending to create a monopoly, or in any 
other manner restraining trade.’’. 
Æ 
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