I 
115TH CONGRESS 
2D SESSION 
H. R. 4746 
To amend the Dodd-Frank Wall Street Reform and Consumer Protection 
Act to specify when bank holding companies may be subject to certain 
enhanced supervision. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 9, 2018 
Mrs. BEATTY introduced the following bill; which was referred to the 
Committee on Financial Services 
A BILL 
To amend the Dodd-Frank Wall Street Reform and Con-
sumer Protection Act to specify when bank holding com-
panies may be subject to certain enhanced supervision. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ENHANCED SUPERVISION OF CERTAIN BANK 
HOLDING COMPANIES. 
(a) TABLE OF CONTENTS.—The table of contents for 
the Dodd-Frank Wall Street Reform and Consumer Pro-
tection Act (12 U.S.C. 5301 et seq.) is amended by strik-
ing the item relating to section 113 and inserting the fol-
lowing: 
VerDate Sep 11 2014 
03:25 Jan 10, 2018
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4746.IH
H4746
dlhill on DSK3GLQ082PROD with BILLS
‘‘Sec. 113. Authority to require enhanced supervision and regulation of certain 
nonbank financial companies and certain bank holding compa-
nies.’’. 
(b) REVISIONS TO COUNCIL AUTHORITY.— 
(1) PURPOSES AND DUTIES.—Section 112 of 
the Dodd-Frank Wall Street Reform and Consumer 
Protection Act (12 U.S.C. 5322) is amended in sub-
section (a)(2)(I) by inserting before the semicolon ‘‘, 
which have been the subject of a final determination 
under section 113’’. 
(2) BANK HOLDING COMPANY DESIGNATION.— 
Section 113 of the Dodd-Frank Wall Street Reform 
and Consumer Protection Act (12 U.S.C. 5323) is 
amended— 
(A) by amending the heading for such sec-
tion to read as follows: ‘‘AUTHORITY TO RE-
QUIRE ENHANCED SUPERVISION AND REG-
ULATION
OF
CERTAIN
NONBANK
FINAN-
CIAL
COMPANIES
AND
CERTAIN
BANK 
HOLDING COMPANIES’’; 
(B) by redesignating subsections (c), (d), 
(e), (f), (g), (h), and (i) as subsections (d), (e), 
(f), (g), (h), (i), and (j), respectively; 
(C) by inserting after subsection (b) the 
following: 
VerDate Sep 11 2014 
03:25 Jan 10, 2018
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4746.IH
H4746
dlhill on DSK3GLQ082PROD with BILLS
‘‘(c) BANK HOLDING COMPANIES SUBJECT TO EN-
HANCED SUPERVISION
AND PRUDENTIAL STANDARDS 
UNDER SECTION 165.— 
‘‘(1) IN GENERAL.—There is a determination 
that bank holding companies with total consolidated 
assets equal to or greater than $250,000,000,000 
shall be subject to enhanced supervision and pruden-
tial standards by the Board of Governors, in accord-
ance with section 165. 
‘‘(2) ENHANCED
SUPERVISION
FOR
CERTAIN 
BANK HOLDING COMPANIES.— 
‘‘(A) DETERMINATION.—The Council shall 
review each bank holding company with total 
consolidated assets equal to or greater than 
$50,000,000,000 
but 
less 
than 
$250,000,000,000 to determine whether such 
company shall be subject to enhanced super-
vision and prudential standards by the Board of 
Governors, in accordance with section 165. 
Such determination shall be made if the Coun-
cil, on a non-delegable basis and by a vote of 
not fewer than 2⁄3 of the voting members then 
serving, including an affirmative vote by the 
Chairperson, determines that material financial 
distress at the bank holding company, or the 
VerDate Sep 11 2014 
03:25 Jan 10, 2018
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4746.IH
H4746
dlhill on DSK3GLQ082PROD with BILLS
nature, scope, size, scale, concentration, inter-
connectedness, or mix of the activities of the 
bank holding company, could pose a threat to 
the financial stability of the United States. 
‘‘(B) CONSIDERATIONS.—In making a de-
termination under subparagraph (A), the Coun-
cil shall consider the following: 
‘‘(i) The size of the bank holding com-
pany. 
‘‘(ii) The interconnectedness of the 
bank holding company. 
‘‘(iii) The extent of readily available 
substitutes or financial institution infra-
structure for the services of the bank hold-
ing company. 
‘‘(iv) The global cross-jurisdictional 
activity of the bank holding company. 
‘‘(v) The complexity of the bank hold-
ing company. 
‘‘(C) REVIEW OF DETERMINATION.—With 
respect to a bank holding company described 
under subparagraph (A) that is not subject to 
enhanced supervision and prudential standards, 
the Council shall perform an additional review 
under subparagraph (A) of such company if— 
VerDate Sep 11 2014 
03:25 Jan 10, 2018
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4746.IH
H4746
dlhill on DSK3GLQ082PROD with BILLS
‘‘(i) the Council finds that the nature, 
scope, size, scale, concentration, inter-
connectedness, or mix of the activities of 
the bank holding company have signifi-
cantly changed and the company should be 
reviewed again to determine if it may pose 
a threat to the financial stability of the 
United States; or 
‘‘(ii) a period of 36 months has 
passed since the bank holding company 
was last reviewed under subparagraph (A). 
‘‘(D) NOTIFICATION OF REVIEW.—If, after 
a review under this paragraph, the Council de-
termines that a bank holding company de-
scribed under subparagraph (A) shall be subject 
to enhanced supervision and prudential stand-
ards, the Council shall provide the bank holding 
company with written notice of such determina-
tion and an explanation of the Council’s rea-
soning for such determination. 
‘‘(E) TERMINATION OF ENHANCED SUPER-
VISION AND PRUDENTIAL STANDARDS.—If, with 
respect to a bank holding company described 
under subparagraph (A) that is subject to en-
hanced supervision and prudential standards, 
VerDate Sep 11 2014 
03:25 Jan 10, 2018
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4746.IH
H4746
dlhill on DSK3GLQ082PROD with BILLS
the Council finds, on a non-delegable basis and 
by a vote of not fewer than 2⁄3 of the voting 
members then serving, including an affirmative 
vote by the Chairperson, that material financial 
distress at the bank holding company, or the 
nature, scope, size, scale, concentration, inter-
connectedness, or mix of the activities of the 
bank holding company, do not pose a threat to 
the financial stability of the United States, such 
company shall no longer be subject to enhanced 
supervision and prudential standards.’’; 
(D) in subsection (d), as so redesignated— 
(i) in paragraph (1)(A), by striking 
‘‘subsection (a)(2) or (b)(2)’’ and inserting 
‘‘subsection (a)(2), (b)(2), or (c)(2)’’; and 
(ii) in paragraph (4), by striking 
‘‘Subsections (d) through (h)’’ and insert-
ing ‘‘Subsections (e) through (i)’’; 
(E) in subsections (f), (g), (h), (i), and (j), 
as so redesignated— 
(i) by striking ‘‘subsections (a) and 
(b)’’ each place such term appears and in-
serting ‘‘subsections (a), (b), and (c)’’; and 
(ii) by striking ‘‘nonbank financial 
company’’ each place such term appears 
VerDate Sep 11 2014 
03:25 Jan 10, 2018
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4746.IH
H4746
dlhill on DSK3GLQ082PROD with BILLS
and inserting ‘‘bank holding company for 
which there has been a determination 
under subsection (c) or nonbank financial 
company’’; 
(F) in subsection (g), as so redesignated, 
by striking ‘‘subsection (e)’’ and inserting ‘‘sub-
section (f)’’; 
(G) in subsection (h), as so redesignated, 
by striking ‘‘subsection (a), (b), or (c)’’ and in-
serting ‘‘subsection (a), (b), (c), or (d)’’; and 
(H) in subsection (i), as so redesignated, 
by striking ‘‘subsection (d)(2), (e)(3), or (f)(5)’’ 
and inserting ‘‘subsection (e)(2), (f)(3), or 
(g)(5)’’. 
(3) ENHANCED SUPERVISION.—Section 115 of 
the Dodd-Frank Wall Street Reform and Consumer 
Protection Act (12 U.S.C. 5325) is amended— 
(A) in subsection (a)(1), by striking ‘‘large, 
interconnected bank holding companies’’ and in-
serting ‘‘bank holding companies which have 
been the subject of a final determination under 
section 113’’; 
(B) in subsection (a)(2)— 
(i) in subparagraph (A), by striking 
‘‘or’’ at the end; 
VerDate Sep 11 2014 
03:25 Jan 10, 2018
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4746.IH
H4746
dlhill on DSK3GLQ082PROD with BILLS
(ii) by striking ‘‘the Council may’’ and 
all that follows through ‘‘differentiate’’ and 
inserting ‘‘the Council may differentiate’’; 
and 
(iii) by striking subparagraph (B); 
and 
(C) in subsection (b)(3), by striking ‘‘sub-
sections (a) and (b) of section 113’’ each place 
such term appears and inserting ‘‘subsections 
(a), (b), and (c) of section 113’’. 
(4) REPORTS.—Section 116(a) of the Dodd- 
Frank Wall Street Reform and Consumer Protection 
Act (12 U.S.C. 5326(a)) is amended by striking 
‘‘with total consolidated assets of $50,000,000,000 
or greater’’ and inserting ‘‘which has been the sub-
ject of a final determination under section 113’’. 
(5) MITIGATION.—Section 121 of the Dodd- 
Frank Wall Street Reform and Consumer Protection 
Act (12 U.S.C. 5331) is amended— 
(A) in subsection (a), by striking ‘‘with 
total consolidated assets of $50,000,000,000 or 
more’’ and inserting ‘‘which has been the sub-
ject of a final determination under section 
113’’; and 
VerDate Sep 11 2014 
03:25 Jan 10, 2018
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4746.IH
H4746
dlhill on DSK3GLQ082PROD with BILLS
(B) in subsection (c), by striking ‘‘sub-
section (a) or (b) of section 113’’ and inserting 
‘‘subsection (a), (b), or (c) of section 113’’. 
(6) OFFICE OF FINANCIAL RESEARCH.—Section 
155 of the Dodd-Frank Wall Street Reform and 
Consumer Protection Act (12 U.S.C. 5345) is 
amended in subsection (d) by striking ‘‘with total 
consolidated assets of $50,000,000,000 or greater’’ 
and inserting ‘‘which have been the subject of a final 
determination under section 113’’. 
(c) REVISIONS TO BOARD AUTHORITY.— 
(1) ACQUISITIONS.—Section 163 of the Dodd- 
Frank Wall Street Reform and Consumer Protection 
Act (12 U.S.C. 5363) is amended by striking ‘‘with 
total consolidated assets equal to or greater than 
$50,000,000,000’’ each place such term appears and 
inserting ‘‘which has been the subject of a final de-
termination under section 113’’. 
(2) MANAGEMENT INTERLOCKS.—Section 164 
of the Dodd-Frank Wall Street Reform and Con-
sumer Protection Act (12 U.S.C. 5364) is amended 
by striking ‘‘with total consolidated assets equal to 
or greater than $50,000,000,000’’ and inserting 
‘‘which has been the subject of a final determination 
under section 113’’. 
VerDate Sep 11 2014 
03:25 Jan 10, 2018
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4746.IH
H4746
dlhill on DSK3GLQ082PROD with BILLS
(3) ENHANCED SUPERVISION AND PRUDENTIAL 
STANDARDS.—Section 165 of the Dodd-Frank Wall 
Street Reform and Consumer Protection Act (12 
U.S.C. 5365) is amended— 
(A) in subsection (a), by striking ‘‘with 
total consolidated assets equal to or greater 
than $50,000,000,000’’ and inserting ‘‘which 
have been the subject of a final determination 
under section 113’’; 
(B) in subsection (a)(2)— 
(i) by striking ‘‘(A) IN GENERAL.—’’; 
and 
(ii) by striking subparagraph (B); 
(C) by striking ‘‘subsections (a) and (b) of 
section 113’’ each place such term appears and 
inserting ‘‘subsections (a), (b), and (c) of sec-
tion 113’’; and 
(D) in subsection (j), by striking ‘‘with 
total consolidated assets equal to or greater 
than $50,000,000,000’’ and inserting ‘‘which 
has been the subject of a final determination 
under section 113’’. 
(d) EFFECTIVE DATE; EXPEDITED RULEMAKING 
AUTHORITY.— 
VerDate Sep 11 2014 
03:25 Jan 10, 2018
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4746.IH
H4746
dlhill on DSK3GLQ082PROD with BILLS
(1) EFFECTIVE DATE.—The amendments made 
by this section shall take effect on the earlier of— 
(A) the date on which the Financial Sta-
bility Oversight Council issues final regulations 
to carry out the amendment made by this sec-
tion; or 
(B) the end of the 18-month period begin-
ning on the date of the enactment of this Act. 
(2) EXPEDITED
RULEMAKING
AUTHORITY.— 
The Financial Stability Oversight Counsel and the 
Board of Governors of the Federal Reserve System 
shall— 
(A) issue regulations to carry out the 
amendments made by this section— 
(i) in proposed form, not later than 
the end of the 90-day period beginning on 
the date of the enactment of this Act; and 
(ii) in final form, not later than the 
end of the 180-day period beginning on the 
date of the enactment of this Act; and 
(B) such final regulations shall take effect 
not later than the end of the 1-year period be-
ginning on the date of the enactment of this 
Act. 
VerDate Sep 11 2014 
03:25 Jan 10, 2018
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4746.IH
H4746
dlhill on DSK3GLQ082PROD with BILLS