--- Introduced (House)
+++ Reported (House)
@@ -1,11 +1,14 @@
[From the U.S. Government Publishing Office]
-[H.R. 5262 Introduced in House (IH)]
+[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
@@ -22,6 +25,15 @@
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
@@ -44,145 +56,153 @@
(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
+(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 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.''.
+``(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) 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.''.
-<all>
+``(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