,i  #aaith ,,congress  #ast ,session    
,h4 ,r4 #ebfb  ,,in ,,the ,,house ,,of  
,,representatives  ,september #aj1      
#bjbe,mr4 ,fitzgerald introduced the    
following bill2 which was referred to   
the ,committee on ,financial ,services  
,a ,,bill  ,to amend the ,federal       
,deposit ,insurance ,act1 the ,bank     
,holding ,company ,act of #aief1 and the
 ,home ,owners' ,loan ,act to require   
the consideration of certain entities   
and factors when evaluating proposed    
acquisitions1 mergers1 consolidations1  
assumptions of liabilities1 or transfers
 of assets1 and for other purposes4  #a4
 ,short title ,this ,act may be cited as
 the ,bank ,competition ,modernization  
,act4  #b4 ,competitive factor          
considerations  7a7 ,in general ,section
 #ah7;c7 of the ,federal ,deposit       
,insurance ,act 7#ab ,u4,s4,c4          
#ahbh7;c77 is amended--  7#a7 in        
paragraph 7#d7-- 7,a7 in subparagraph   
7,c7--  7i7 in clause 7i71 by striking  
or at the end'2  7ii7 in clause 7ii71 by

 striking the period at the end and     
inserting 2 or2 and  7iii7 by adding at 
the end the following3  7iii7 if the    
proposed acquisition1 merger1           
consolidation1 assumption of            
liabilities1 or transfer of assets under
 this section would result in an entity 
with less than #aj1jjj1jjj1jjj in       
assets4  2 and  7,b7 by adding at the   
end the following3  7,d7 ,considerations
 ,when compiling a report on competitive
 factors relative to insured depository 
institutions under this paragraph at the
 request of the responsible agency1 the 
,attorney ,general shall consider the   
banking products and services offered by
 the following types of entities1       
including loans and deposits3  7i7      
,depository institutions1 as such term  
is defined in section #c7;c7 of the     
,federal ,deposit ,insurance ,act 7#ab  
,u4,s4,c4 #ahac7;c774  7ii7 ,depository 
institution holding companies1 as such  
term is defined in section #c7w7 of the 
,federal ,deposit ,insurance ,act 7#ab  

,u4,s4,c4 #ahac7w774  7iii7 ,industrial 
loan companies1 industrial banks1 or    
other similar institutions1 as such term
 is defined in section #b7;c7 of the    
,bank ,holding ,company ,act 7#ab       
,u4,s4,c4 #ahda7;c774  7iv7 ,entities   
chartered and operating under the ,farm 
,credit ,act of #aiga4  7v7 ,nonbank    
financial companies1 as such term is    
defined in section #ajb of the          
,financial ,stability ,act of #bjaj4    
7vi7 ,insured credit unions and         
noninsured credit unions1 as such terms 
are defined in section #aja of the      
,federal ,credit ,union ,act4  2 and    
7#b7 by adding at the end the following3
  7#ad7 ,for proposed transactions      
resulting in entities with less than    
#aj1jjj1jjj1jjj in assets ,if a proposed
 acquisition1 merger1 consolidation1    
assumption of liabilities1 or transfer  
of assets under this section would      
result in an entity with less than      
#aj1jjj1jjj1jjj in assets1 then the     
responsible agency shall find that such 

acquisition1 merger1 consolidation1     
assumption of liabilities1 or transfer  
of assets would not--  7,a7 result in a 
monopoly1 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  
,states2 and  7,b7 have the effect in   
any section of the country of           
substantially to lessening competition1 
tending to create a monopoly1 or in any 
other manner restraining trade4  4  7b7 
,for bank holding companies ,section    
#c7;c7 of the ,bank ,holding ,company   
,act of #aief 7#ab ,u4,s4,c4 #ahdb7;c77 
is amended by adding at the end the     
following3  7#h7 ,considerations with   
respect to competitive factors ,when    
evaluating competitive factors relative 
to a proposed acquisition1 merger1      
consolidation1 assumption of            
liabilities1 or transfer of assets1     
under paragraph 7#a71 the ,board shall  
consider the banking products and       
services offered by the following types 

of entities1 including loans and        
deposits3  7,a7 ,depository             
institutions1 as such term is defined in
 section #c7;c7 of the ,federal ,deposit
 ,insurance ,act 7#ab ,u4,s4,c4         
#ahac7;c774  7,b7 ,depository           
institution holding companies1 as such  
term is defined in section #c7w7 of the 
,federal ,deposit ,insurance ,act 7#ab  
,u4,s4,c4 #ahac7w774  7,c7 ,industrial  
loan companies1 industrial banks1 or    
other similar institutions1 as such term
 is defined in section #b7;c7 of the    
,bank ,holding ,company ,act 7#ab       
,u4,s4,c4 #ahda7;c774  7,d7 ,entities   
chartered and operating under the ,farm 
,credit ,act of #aiga4  7,e7 ,nonbank   
financial companies1 as such term is    
defined in section #ajb of the          
,financial ,stability ,act of #bjaj4    
7,f7 ,insured credit unions and         
noninsured credit unions1 as such terms 
are defined in section #aja of the      
,federal ,credit ,union ,act4  7#i7 ,for
 proposed transactions resulting in     

entities with less than #aj1jjj1jjj1jjj 
in assets ,if a proposed acquisition1   
merger1 consolidation1 assumption of    
liabilities1 or transfer of assets under
 this section would result in an entity 
with less than #aj1jjj1jjj1jjj in       
assets1 then the ,board shall find that 
such acquisition1 merger1 consolidation1
 assumption of liabilities1 or transfer 
of assets would not-- 7,a7 result in a  
monopoly1 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  
,states2 and  7,b7 have the effect in   
any section of the country of           
substantially to lessening competition1 
tending to create a monopoly1 or in any 
other manner restraining trade4  4  7c7 
,for savings associations ,section      
#aj7;e77#b7 of the ,home ,owners' ,loan 
,act is amended by adding at the end the
 following3  7#h7 ,considerations with  
respect to competitive factors ,when    
evaluating competitive factors relative 

to a proposed acquisition1 merger1      
consolidation1 assumption of            
liabilities1 or transfer of assets1     
under paragraph 7#a71 the ,board shall  
consider the banking products and       
services offered by the following types 
of entities1 including loans and        
deposits3 7,a7 ,depository institutions1
 as such term is defined in section     
#c7;c7 of the ,federal ,deposit         
,insurance ,act 7#ab ,u4,s4,c4          
#ahac7;c774  7,b7 ,depository           
institution holding companies1 as such  
term is defined in section #c7w7 of the 
,federal ,deposit ,insurance ,act 7#ab  
,u4,s4,c4 #ahac7w774  7,c7 ,industrial  
loan companies1 industrial banks1 or    
other similar institutions1 as such term
 is defined in section #b7;c7 of the    
,bank ,holding ,company ,act 7#ab       
,u4,s4,c4 #ahda7;c774  7,d7 ,entities   
chartered and operating under the ,farm 
,credit ,act of #aiga4  7,e7 ,nonbank   
financial companies1 as such term is    
defined in section #ajb of the          

,financial ,stability ,act of #bjaj4    
7,f7 ,insured credit unions and         
noninsured credit unions1 as such terms 
are defined in section #aja of the      
,federal ,credit ,union ,act4  7#i7 ,for
 proposed transactions resulting in     
entities with less than #aj1jjj1jjj1jjj 
in assets ,if a proposed acquisition1   
merger1 consolidation1 assumption of    
liabilities1 or transfer of assets under
 this section would result in an entity 
with less than #aj1jjj1jjj1jjj in       
assets1 then the ,board shall find that 
such acquisition1 merger1 consolidation1
 assumption of liabilities1 or transfer 
of assets would not--  7,a7 result in a 
monopoly1 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  
,states2 and  7,b7 have the effect in   
any section of the country of           
substantially to lessening competition1 
tending to create a monopoly1 or in any 
other manner restraining trade4  4