To require the Corporation to amend the definition of the term "assessment base".

SA 3749. Mr. TESTER (for himself, Mr. Conrad, Mrs. Murray, Mr.
Burris, and Mrs. Hutchison) submitted an amendment intended to be
proposed to amendment SA 3739 proposed by Mr. Reid (for Mr. Dodd (for
himself and Mrs. Lincoln)) to the bill S. 3217, to promote the
financial stability of the United States by improving accountability
and transparency in the financial system, to end ``too big to fail'',
to protect the American taxpayer by ending bailouts, to protect
consumers from abusive financial services practices, and for other
purposes; which was ordered to lie on the table; as follows:

On page 368, strike line 3 and all that follows through
page 369, line 14, and insert the following:
(b) Assessment Base.--The Corporation shall amend the
regulations issued by the Corporation under section 7(b)(2)
of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(2))
to define the term ``assessment base'' with respect to an
insured depository institution for purposes of that section
7(b)(2), as an amount equal to--
(1) the average consolidated total assets of the insured
depository institution during the assessment period; minus
(2) the sum of--
(A) the average tangible equity of the insured depository
institution during the assessment period; and
(B) in the case of an insured depository institution that
is a custodial bank (as defined by the Corporation, based on
factors including the percentage of total revenues generated
by custodial businesses and the level of assets under
custody) or a banker's bank (as that term is used in section
5136 of the Revised Statutes (12 U.S.C. 24)), an amount that
the Corporation determines is necessary to establish
assessments consistent with the definition under section
7(b)(1) of the Federal Deposit Insurance Act (12 U.S.C.
1817(b)(1)) for a custodial bank or a banker's bank.
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