HR 3312 RFS
bank holding companies pursuant to section 
217.402 of title 12, Code of Federal Regula-
tions, shall be subject to certain enhanced su-
pervision or prudential standards under this 
section, tailored to the risk presented by the 
category of bank holding companies, based on 
the considerations in paragraph (3), where ma-
terial financial distress at the category of bank 
holding companies, or the nature, scope, size, 
scale, concentration, interconnectedness, or mix 
of the activities of the category of bank holding 
companies, could pose a threat to the financial 
stability of the United States. 
‘‘(2) COUNCIL
APPROVAL
OF
REGULATIONS 
WITH RESPECT TO CATEGORIES.—Notwithstanding 
paragraph (1)(B), a regulation issued by the Board 
of Governors to make a determination under such 
paragraph (1)(B) shall not take effect unless the 
Council, by a vote of not fewer than two-thirds of 
the voting members then serving, including an af-
firmative vote by the Chairperson, approves the 
metrics used by the Board of Governors in estab-
lishing such regulation. 
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‘‘(3) CONSIDERATIONS.—In making any deter-
mination under paragraph (1), the Board of Gov-
ernors shall consider the following factors: 
‘‘(A) The size of the bank holding com-
pany. 
‘‘(B) The interconnectedness of the bank 
holding company. 
‘‘(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 activ-
ity of the bank holding company. 
‘‘(E) The complexity of the bank holding 
company. 
‘‘(4) CONSISTENT APPLICATION OF CONSIDER-
ATIONS.—In making a determination under para-
graph (1), the Board of Governors shall ensure that 
bank holding companies that are similarly situated 
with respect to the factors described under para-
graph (3), are treated similarly for purposes of any 
enhanced supervision or prudential standards ap-
plied under this section. 
‘‘(5) USE OF CURRENTLY REPORTED DATA TO 
AVOID
UNNECESSARY
BURDEN.—For purposes of 
making a determination under paragraph (1), the 
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Board of Governors shall make use of data already 
being reported to the Board of Governors, including 
from calculating a bank holding company’s systemic 
indicator score, in order to avoid placing an unneces-
sary burden on bank holding companies.’’. 
(e) SYSTEMIC IDENTIFICATION.—Section 165 of the 
Dodd-Frank Wall Street Reform and Consumer Protec-
tion Act (12 U.S.C. 5365), as amended by subsection (d), 
is further amended by adding at the end the following: 
‘‘(m) SYSTEMIC IDENTIFICATION.—With respect to 
the identification of bank holding companies as global sys-
temically important bank holding companies pursuant to 
section 217.402 of title 12, Code of Federal Regulations, 
or subjected to a determination under subsection (l), the 
Board of Governors shall— 
‘‘(1) publish, including on the Board of 
Governors’s website, a list of all bank holding com-
panies that have been so identified, and keep such 
list current; and 
‘‘(2) solicit feedback from the Council on the 
identification process and on the application of such 
process to specific bank holding companies.’’. 
SEC. 4. RULE OF CONSTRUCTION. 
Nothing in this Act or the amendments made by this 
Act shall be construed to prohibit the Board of Governors 
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of the Federal Reserve System from prescribing enhanced 
prudential standards for any bank holding company which 
the Board of Governors determines, based upon the bank 
holding company’s size, interconnectedness, substitut-
ability, global cross-jurisdictional activity, and complexity, 
could pose a safety and soundness risk to the stability of 
the United States banking or financial system but has not 
been designated as a global systemically important bank 
holding company. 
SEC. 5. EXISTING ASSESSMENT TERMINATION SCHEDULE. 
(a) TEMPORARY EXTENSION OF EXISTING ASSESS-
MENT.— 
(1) IN GENERAL.—Each bank holding company 
that, on the day that is 24 months following the 
date of the enactment of this Act, has total consoli-
dated 
assets 
equal 
to 
or 
greater 
than 
$50,000,000,000, has not been identified as a global 
systemically important bank holding company pursu-
ant to section 217.402 of title 12, Code of Federal 
Regulations, and has not been subjected to a deter-
mination under subsection (l) of section 165 of the 
Dodd-Frank Wall Street Reform and Consumer Pro-
tection Act, shall be subject to assessments by the 
Secretary of the Treasury to the same extent as a 
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bank holding company that has been so identified or 
subjected. 
(2) CONSIDERATIONS.—In making assessments 
pursuant to paragraph (1), the Secretary of the 
Treasury shall take into account differences among 
the bank holding companies subject to such assess-
ment, based on the considerations for establishing 
the prudential standards under section 115 of the 
Dodd-Frank Wall Street Reform and Consumer Pro-
tection Act (12 U.S.C. 5325). 
(3) LIMITATION
ON
AMOUNT
OF
ASSESS-
MENTS.—The aggregate amount collected pursuant 
to paragraph (1) from all bank holding companies 
assessed 
under 
such 
paragraph 
shall 
be 
$58,000,000. 
(4) PAYMENT PERIOD OPTIONS.—The Secretary 
of the Treasury shall offer the option of payments 
spread out before the end of the 48-month period 
following the date of the enactment of this Act, or 
shorter periods including the option of a one-time 
payment, at the discretion of each bank holding 
company paying assessments pursuant to paragraph 
(1). 
(5) ASSESSMENTS TO BE MADE IN ADDITION TO 
ANY
OTHER
ASSESSMENTS.—The assessments col-
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