Legis Daily

Failing Bank Acquisition Fairness Act

USA119th CongressHR-6556| House 
| Updated: 2/2/2026
Stephen F. Lynch

Stephen F. Lynch

Democratic Representative

Massachusetts

Cosponsors (1)
Josh Gottheimer (Democratic)

Financial Services Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill significantly amends existing banking laws to tighten the conditions under which concentration limits can be waived for mergers involving failing banks. Federal agencies can now only approve such acquisitions if they determine, based on clear and convincing evidence , that the transaction is absolutely necessary to prevent significant economic disruption or adverse effects on financial stability . This critical exception is further limited by requiring that no other qualified bid from a well-capitalized and well-managed company, not subject to concentration limit prohibitions, has been received. To increase transparency and accountability, the bill mandates that when a concentration limit is waived, the responsible agency and the Federal Deposit Insurance Corporation (FDIC) must jointly submit a detailed report to Congress within 30 days. This report must justify the waiver, describe alternative bids considered, explain why they were not chosen, and offer recommendations for improving competition in future bank resolutions. The report must also be made publicly available on agency websites. Furthermore, the bill prohibits the FDIC from considering bids that would violate concentration limits when making its "least costly" determination for resolving a failing bank. This ensures that the pursuit of the lowest cost resolution does not inadvertently lead to increased market concentration by allowing bids from entities that would otherwise exceed regulatory limits.

Bill Text Versions

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2 versions available

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Timeline

Bill from Previous Congress

HR 118-3914
Failing Bank Acquisition Fairness Act
Dec 10, 2025
Introduced in House
Dec 10, 2025
Referred to the House Committee on Financial Services.
Dec 16, 2025
Committee Consideration and Mark-up Session Held
Dec 17, 2025
Committee Consideration and Mark-up Session Held
Dec 17, 2025
Ordered to be Reported (Amended) by the Yeas and Nays: 51 - 0.
Feb 2, 2026
Placed on the Union Calendar, Calendar No. 406.
Feb 2, 2026
Reported (Amended) by the Committee on Financial Services. H. Rept. 119-475.
  • Bill from Previous Congress

    HR 118-3914
    Failing Bank Acquisition Fairness Act


  • December 10, 2025
    Introduced in House


  • December 10, 2025
    Referred to the House Committee on Financial Services.


  • December 16, 2025
    Committee Consideration and Mark-up Session Held


  • December 17, 2025
    Committee Consideration and Mark-up Session Held


  • December 17, 2025
    Ordered to be Reported (Amended) by the Yeas and Nays: 51 - 0.


  • February 2, 2026
    Placed on the Union Calendar, Calendar No. 406.


  • February 2, 2026
    Reported (Amended) by the Committee on Financial Services. H. Rept. 119-475.

Finance and Financial Sector

Administrative law and regulatory proceduresBank accounts, deposits, capitalBanking and financial institutions regulationCorporate finance and managementEconomic performance and conditionsFederal Deposit Insurance Corporation (FDIC)Financial crises and stabilizationPerformance measurement

Failing Bank Acquisition Fairness Act

USA119th CongressHR-6556| House 
| Updated: 2/2/2026
This bill significantly amends existing banking laws to tighten the conditions under which concentration limits can be waived for mergers involving failing banks. Federal agencies can now only approve such acquisitions if they determine, based on clear and convincing evidence , that the transaction is absolutely necessary to prevent significant economic disruption or adverse effects on financial stability . This critical exception is further limited by requiring that no other qualified bid from a well-capitalized and well-managed company, not subject to concentration limit prohibitions, has been received. To increase transparency and accountability, the bill mandates that when a concentration limit is waived, the responsible agency and the Federal Deposit Insurance Corporation (FDIC) must jointly submit a detailed report to Congress within 30 days. This report must justify the waiver, describe alternative bids considered, explain why they were not chosen, and offer recommendations for improving competition in future bank resolutions. The report must also be made publicly available on agency websites. Furthermore, the bill prohibits the FDIC from considering bids that would violate concentration limits when making its "least costly" determination for resolving a failing bank. This ensures that the pursuit of the lowest cost resolution does not inadvertently lead to increased market concentration by allowing bids from entities that would otherwise exceed regulatory limits.

Bill Text Versions

View Text
2 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 118-3914
Failing Bank Acquisition Fairness Act
Dec 10, 2025
Introduced in House
Dec 10, 2025
Referred to the House Committee on Financial Services.
Dec 16, 2025
Committee Consideration and Mark-up Session Held
Dec 17, 2025
Committee Consideration and Mark-up Session Held
Dec 17, 2025
Ordered to be Reported (Amended) by the Yeas and Nays: 51 - 0.
Feb 2, 2026
Placed on the Union Calendar, Calendar No. 406.
Feb 2, 2026
Reported (Amended) by the Committee on Financial Services. H. Rept. 119-475.
  • Bill from Previous Congress

    HR 118-3914
    Failing Bank Acquisition Fairness Act


  • December 10, 2025
    Introduced in House


  • December 10, 2025
    Referred to the House Committee on Financial Services.


  • December 16, 2025
    Committee Consideration and Mark-up Session Held


  • December 17, 2025
    Committee Consideration and Mark-up Session Held


  • December 17, 2025
    Ordered to be Reported (Amended) by the Yeas and Nays: 51 - 0.


  • February 2, 2026
    Placed on the Union Calendar, Calendar No. 406.


  • February 2, 2026
    Reported (Amended) by the Committee on Financial Services. H. Rept. 119-475.
Stephen F. Lynch

Stephen F. Lynch

Democratic Representative

Massachusetts

Cosponsors (1)
Josh Gottheimer (Democratic)

Financial Services Committee

Finance and Financial Sector

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative law and regulatory proceduresBank accounts, deposits, capitalBanking and financial institutions regulationCorporate finance and managementEconomic performance and conditionsFederal Deposit Insurance Corporation (FDIC)Financial crises and stabilizationPerformance measurement