I 
113TH CONGRESS 
1ST SESSION H. R. 3036 
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 
AUGUST 2, 2013 
Mr. LUETKEMEYER (for himself and Mr. BACHUS) 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 2013’’. 
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 
VerDate Mar 15 2010 
21:51 Aug 09, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3036.IH
H3036
emcdonald on DSK67QTVN1PROD with BILLS
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; 
(3) by inserting after subsection (b) the fol-
lowing: 
VerDate Mar 15 2010 
21:51 Aug 09, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3036.IH
H3036
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(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 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 
an indicator-based measurement approach, and con-
sider— 
‘‘(A) the size of the bank holding company; 
‘‘(B) the interconnectedness of the bank 
holding company; 
VerDate Mar 15 2010 
21:51 Aug 09, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3036.IH
H3036
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(C) the extent of readily available sub-
stitutes or financial institution infrastructure 
for the services of the bank holding company; 
‘‘(D) the global cross-jurisdictional activity 
of the bank holding company; and 
‘‘(E) the complexity of the bank holding 
company.’’; 
(4) in subsection (d), as so redesignated— 
(A) in paragraph (1)(A), by striking ‘‘sub-
section (a)(2) or (b)(2)’’ and inserting ‘‘sub-
section (a)(2), (b)(2), or (c)(2)’’; and 
(B) in paragraph (4), by striking ‘‘Sub-
sections (d) through (h)’’ and inserting ‘‘Sub-
sections (e) through (i)’’; 
(5) in subsections (e), (f), (g), (h), (i), and 
(j)— 
(A) by striking ‘‘subsections (a) and (b)’’ 
each place such term appears and inserting 
‘‘subsections (a), (b), and (c)’’; and 
(B) by striking ‘‘nonbank financial com-
pany’’ each place such term appears and insert-
ing ‘‘bank holding company for which there has 
been a determination under subsection (c) or 
nonbank financial company’’; 
VerDate Mar 15 2010 
21:51 Aug 09, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3036.IH
H3036
emcdonald on DSK67QTVN1PROD with BILLS
(6) in subsection (g), as so redesignated, by 
striking ‘‘subsection (e)’’ and inserting ‘‘subsection 
(f)’’; 
(7) in subsection (h), as so redesignated, by 
striking ‘‘subsection (a), (b), or (c)’’ and inserting 
‘‘subsection (a), (b), (c), or (d)’’; and 
(8) in subsection (i), as so redesignated, by 
striking ‘‘subsection (d)(2), (e)(3), or (f)(5)’’ and in-
serting ‘‘subsection (e)(2), (f)(3), or (g)(5)’’. 
(c) ENHANCED SUPERVISION.—Section 115 of the 
Dodd-Frank Wall Street Reform and Consumer Protec-
tion Act (12 U.S.C. 5325) is amended— 
(1) in subsection (a)(1), by striking ‘‘large, 
interconnected bank holding companies’’ and insert-
ing ‘‘bank holding companies which have been the 
subject of a final determination under section 113’’; 
(2) in subsection (a)(2)— 
(A) in subparagraph (A), by striking ‘‘or’’ 
at the end; 
(B) by striking ‘‘the Council may’’ and all 
that follows through ‘‘differentiate’’ and insert-
ing ‘‘the Council may differentiate’’; and 
(C) by striking subparagraph (B); and 
(3) in subsection (b)(3), by striking ‘‘sub-
sections (a) and (b) of section 113’’ each place such 
VerDate Mar 15 2010 
21:51 Aug 09, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3036.IH
H3036
emcdonald on DSK67QTVN1PROD with BILLS
SEC. 4. REVISIONS TO BOARD AUTHORITY. 
(a) 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 consoli-
dated 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 determination under section 
113’’. 
(b) MANAGEMENT INTERLOCKS.—Section 164 of the 
Dodd-Frank Wall Street Reform and Consumer Protec-
tion 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 sub-
ject of a final determination under section 113’’. 
(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); 
VerDate Mar 15 2010 
21:51 Aug 09, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3036.IH
H3036
emcdonald on DSK67QTVN1PROD with BILLS
(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’’. 
Æ 
VerDate Mar 15 2010 
21:51 Aug 09, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H3036.IH
H3036
emcdonald on DSK67QTVN1PROD with BILLS