I 
113TH CONGRESS 
2D SESSION 
H. R. 4060 
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, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 14, 2014 
Mr. LUETKEMEYER (for himself, Mr. BACHUS, Mr. STIVERS, Mr. DAVID 
SCOTT of Georgia, Mr. MURPHY of Florida, and Ms. SEWELL of Ala-
bama) 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, 
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 ‘‘Systemic Risk Des-
ignation Improvement Act of 2014’’. 
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SEC. 2. TABLE OF CONTENTS. 
The table of contents for the Dodd-Frank Wall Street 
Reform and Consumer Protection Act (12 U.S.C. 5301 
et seq.) is amended by striking the item relating to section 
113 and inserting the following: 
‘‘Sec. 113. Authority to require enhanced supervision and regulation of certain 
nonbank financial companies and certain bank holding compa-
nies.’’. 
SEC. 3. REVISIONS TO COUNCIL AUTHORITY. 
(a) PURPOSES AND DUTIES.—Section 112 of the 
Dodd-Frank Wall Street Reform and Consumer Protec-
tion Act (12 U.S.C. 5322) is amended in subsection 
(a)(2)(I) by inserting before the semicolon ‘‘, which have 
been the subject of a final determination under section 
113’’. 
(b) BANK HOLDING COMPANY DESIGNATION.—Sec-
tion 113 of the Dodd-Frank Wall Street Reform and Con-
sumer Protection Act (12 U.S.C. 5323) is amended— 
(1) by amending the heading for such section to 
read as follows: ‘‘AUTHORITY TO REQUIRE EN-
HANCED
SUPERVISION
AND
REGULATION
OF 
CERTAIN
NONBANK
FINANCIAL
COMPANIES 
AND CERTAIN BANK HOLDING COMPANIES’’; 
(2) by redesignating subsections (c), (d), (e), 
(f), (g), (h), and (i) as subsections (d), (e), (f), (g), 
(h), (i), and (j), respectively; 
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(3) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) BANK HOLDING COMPANIES SUBJECT TO EN-
HANCED SUPERVISION
AND PRUDENTIAL STANDARDS 
UNDER SECTION 165.— 
‘‘(1) DETERMINATION.—The Council, on a non-
delegable basis and by a vote of not fewer than 2⁄3 
of the voting members then serving, including an af-
firmative vote by the Chairperson, may determine 
that a bank holding company shall be subject to en-
hanced supervision and prudential standards by the 
Board of Governors, in accordance with section 165, 
if the Council determines, based on the consider-
ations in paragraph (2), that material financial dis-
tress at the bank holding company, or the nature, 
scope, size, scale, concentration, interconnectedness, 
or mix of the activities of the bank holding company, 
could pose a threat to the financial stability of the 
United States. 
‘‘(2) CONSIDERATIONS.—In making a deter-
mination under paragraph (1), the Council shall use 
the indicator-based measurement approach estab-
lished by the Basel Committee on Banking Super-
vision to determine systemic importance, which con-
siders— 
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(c) 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— 
(1) 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’’; 
(2) in subsection (a)(2)— 
(A) by striking ‘‘(A) IN GENERAL.—’’; and 
(B) by striking subparagraph (B); 
(3) by striking ‘‘subsections (a) and (b) of sec-
tion 113’’ each place such term appears and insert-
ing ‘‘subsections (a), (b), and (c) of section 113’’; 
and 
(4) 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) CONFORMING AMENDMENT.—The second sub-
section (s) (relating to ‘‘Assessments, Fees, and Other 
Charges for Certain Companies’’) of section 11 of the Fed-
eral Reserve Act (12 U.S.C. 248) is amended— 
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(1) by redesignating such subsection as sub-
section (t); and 
(2) in paragraph (2)— 
(A) in subparagraph (A), by striking ‘‘hav-
ing 
total 
consolidated 
assets 
of 
$50,000,000,000 or more;’’ and inserting 
‘‘which have been the subject of a final deter-
mination under section 113 of the Dodd-Frank 
Wall Street Reform and Consumer Protection 
Act; and’’; 
(B) by striking subparagraph (B); and 
(C) by redesignating subparagraph (C) as 
subparagraph (B). 
SEC. 5. EFFECTIVE DATE. 
(a) IN GENERAL.—Subject to subsection (b), the 
amendments made by this Act shall take effect one year 
after the date of enactment of this Act. 
(b) PRESUMPTION OF DETERMINATION.—Notwith-
standing subsection (a), with respect to a bank holding 
company that has been identified by the Financial Sta-
bility Board as a Global Systemically Important Financial 
Institution, the Financial Stability Oversight Council may, 
upon enactment of this Act, begin proceedings for a deter-
mination under section 113(c) of the Dodd-Frank Wall 
Street Reform and Consumer Protection Act, as added by 
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section 3(b)(3), but the Council may not make a final de-
termination under such section 113(c) with respect to a 
bank holding company before the effective date described 
under subsection (a). 
Æ 
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