H.R. 3312House115th Congress (2017-2019)Passed House

Systemic Risk Designation Improvement Act of 2017

Introduced July 19, 2017

AI-Generated Summary

Updated April 15, 2026 at 5:24 PM UTC

The Systemic Risk Designation Improvement Act of 2017 changes the Dodd‑Frank law so that a bank holding company can be placed under enhanced Federal Reserve supervision not only when it meets the $50 billion asset threshold, but also when the Fed determines it poses systemic risk. It lets the Fed add companies to the “global systemically important bank holding company” (G‑SIB) category—or create tailored supervision rules for other banks—based on size, interconnectedness, complexity, and other risk factors. The bill also requires the Fed to publish a current list of designated banks and sets a temporary assessment fee for large banks that are not yet designated.

Key Provisions

  • Replaces the $50 billion asset test with language that subjects any bank holding company identified as a G‑SIB or determined under a new subsection to enhanced supervision and prudential standards.
  • Adds a new subsection (l) allowing the Federal Reserve Board to designate additional bank holding companies, or categories of them, for tailored enhanced supervision based on risk considerations such as size, interconnectedness, and complexity.
  • Requires a two‑thirds vote of the Financial Stability Oversight Council (including the chair) to approve the metrics the Board uses for such designations.
  • Mandates the Board to publish and keep up‑to‑date a list of all banks designated under this authority and to seek Council feedback on the identification process.
  • Creates a temporary Treasury assessment of up to $58 million total on large banks not yet designated, with flexible payment options, lasting until they are designated or the 48‑month window ends.
  • Sets the amendments to take effect 18 months after the law’s enactment.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

15 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

December 20, 2017

View full timeline
HouseIntro Referral

Introduced in House

July 19, 2017

HouseIntro Referral

Referred to the House Committee on Financial Services.

July 19, 2017

HouseCommittee

Hearings Held by the Subcommittee on Financial Institutions and Consumer Credit Prior to Referral.

September 7, 2017

HouseCommittee

Committee Consideration and Mark-up Session Held.

October 11, 2017

HouseCommittee

Committee Consideration and Mark-up Session Held.

October 12, 2017

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 47 - 12.

October 12, 2017

HouseCommittee

Reported (Amended) by the Committee on Financial Services. H. Rept. 115-423.

November 28, 2017

HouseCalendars

Placed on the Union Calendar, Calendar No. 313.

November 28, 2017

HouseFloor

Considered under the provisions of rule H. Res. 667. (consideration: CR H10220-10229)

December 19, 2017 • 3:11 PM

HouseFloor

The resolution provides for consideration of the conference report to accompany H.R. 1. Additionally, the resolution provides for consideration of H.R. 3312, under a closed rule. The rule provides for one hour of general debate and one motion to recommit on both the conference report and H.R. 3312. Lastly, the rule provides for motions to suspend the rules through the remainder of the first session of the 115th Congress.

December 19, 2017 • 3:11 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 3312.

December 19, 2017 • 3:12 PM

HouseFloor

The previous question was ordered pursuant to the rule.

December 19, 2017 • 4:22 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 288 - 130 (Roll no. 694).(text: CR H10220-10221)

December 19, 2017 • 4:50 PM

HouseFloor

On passage Passed by the Yeas and Nays: 288 - 130 (Roll no. 694). (text: CR H10220-10221)

December 19, 2017 • 4:50 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

December 19, 2017 • 4:50 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

December 20, 2017

Amendments

1 amendment

Offered to this bill

Floor Debate

20 members

What members said about H.R. 3312 on the floor

13 Republicans7 Democrats
Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Dec 14, 2017

Mr. Speaker, I rise for the purpose of inquiring of the majority leader of the schedule for the week to come. Mr. Speaker, I yield to the gentleman from California (Mr. McCarthy). (Mr. McCARTHY asked…

Kevin McCarthy
Rep. Kevin McCarthyR-CA-23 · Dec 14, 2017

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, on Monday, the House will meet at noon for morning hour and 2 p.m. for legislative business. Votes will be postponed until 6:30 p.m. On…

Maxine Waters
Rep. Maxine WatersD-CA-43 · Nov 9, 2017

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 2201 would create an unnecessary and potentially dangerous loophole in Federal and State securities laws by allowing…

Louise McIntosh Slaughter
Rep. Louise McIntosh SlaughterD-NY-25 · Dec 19, 2017

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I thank the gentleman for yielding me the customary 30 minutes. Mr. Speaker, I think America is pretty apprehensive this morning,…

Tom Emmer
Rep. Tom EmmerR-MN-6 · Nov 9, 2017

Mr. Speaker, while government isn't meant to create jobs, with the help of the President, Congress can set Federal policies that establish a pro-worker, pro-business environment that lifts people out…

Show 8 more
Pete Sessions
Rep. Pete SessionsR-TX-32 · Dec 19, 2017

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 667 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Dec 19, 2017

Mr. Speaker, a bill that is done in the dark of night, in the midst of a crisis like the lack of Perkins funding for our students, the lack of funding for CHIP and for healthcare for millions of…

Jeb Hensarling
Rep. Jeb HensarlingR-TX-5 · Nov 9, 2017

Mr. Speaker, pursuant to House Resolution 609, I call up the bill (H.R. 2201) to amend the Securities Act of 1933 to exempt certain micro-offerings from the registration requirements of such Act, and…

Al Green
Rep. Al GreenD-TX-9 · Dec 19, 2017

Mr. Speaker, I yield 30 seconds to the gentleman from Georgia (Mr. David Scott). Mr. Speaker, I reserve the balance of my time. Mr. Speaker, I continue to reserve the balance of my time. Mr. Speaker,…

Jeb Hensarling
Rep. Jeb HensarlingR-TX-5 · Dec 19, 2017

Mr. Speaker, pursuant to House Resolution 667, I call up the bill (H.R. 3312) to amend the Dodd-Frank Wall Street Reform and Consumer Protection Act to specify when bank holding companies may be…

Maxine Waters
Rep. Maxine WatersD-CA-43 · Dec 19, 2017

Mr. Speaker, first I would like to thank Congressman Green for his leadership. He is a member of the Financial Services Committee, who is dedicated to the proposition that we can and should work very…

David N. Cicilline
Rep. David N. CicillineD-RI-1 · Nov 9, 2017

Mr. Speaker, I thank the gentlewoman for yielding. I want to begin, Mr. Speaker, by responding to the gentleman from Texas, who began this debate by saying how this was a continuation of an ongoing…

Blaine Luetkemeyer
Rep. Blaine LuetkemeyerR-MO-3 · Dec 19, 2017

Mr. Speaker, I want to start by thanking Chairman Hensarling for his support of this legislation and his dedication to a more reasonable regulatory regime. I would also like to thank my good friend,…

Show 11 more
Mike Kelly
Rep. Mike KellyR-PA-3 · Dec 19, 2017

Mr. Speaker, I rise in strong support of the Tax Cuts and Jobs Act. When we are in this House, the people's House, I know sometimes the message goes back and forth. Unfortunately, this idea of…

John P. Sarbanes
Rep. John P. SarbanesD-MD-3 · Dec 19, 2017

Mr. Speaker, I want to thank my colleague for yielding time to me. Mr. Speaker, I rise today in strong opposition to H.R. 3312. I appreciate my colleague's redesignation, renaming of the bill. I…

Andy Barr
Rep. Andy BarrR-KY-6 · Dec 19, 2017

Mr. Speaker, I rise today in support of a bipartisan bill, the Systemic Risk Designation Improvement Act of 2017, introduced by my good friend and colleague, Congressman Blaine Luetkemeyer from…

Rob Woodall
Rep. Rob WoodallR-GA-7 · Dec 19, 2017

Mr. Speaker, I thank the chairman for yielding me the time. We were in the Rules Committee last night, Mr. Speaker, and we were having this same kind of conversation. We were going through the list…

Blaine Luetkemeyer
Rep. Blaine LuetkemeyerR-MO-3 · Dec 19, 2017

Mr. Speaker, I thank the chairman for his steadfast support on so many important financial services issues. Mr. Speaker, first, I want to quickly lend my support to the tax package slated to be…

Blaine Luetkemeyer
Rep. Blaine LuetkemeyerR-MO-3 · Nov 9, 2017

Mr. Speaker, I thank Chairman Hensarling for his leadership on this issue. I also want to thank the gentleman from Minnesota (Mr. Emmer) for taking a lead on this important legislation. As an elected…

Randy Hultgren
Rep. Randy HultgrenR-IL-14 · Dec 19, 2017

Mr. Speaker, I want to thank Chairman Hensarling for his continued work on this, and I also want to thank my colleague and friend from Missouri, Blaine Luetkemeyer, for his important work on this…

J. French Hill
Rep. J. French HillR-AR-2 · Dec 19, 2017

Mr. Speaker, I thank the chairman for the time. I rise in strong support of H.R. 3312, a bipartisan bill. A majority of the majority party and a majority of the minority party on our committee…

Keith J. Rothfus
Rep. Keith J. RothfusR-PA-12 · Nov 9, 2017

Mr. Speaker, I thank the chairman for yielding. Jobs, jobs, jobs. That is why, Mr. Speaker, I rise today to express my support for the Micro Offering Safe Harbor Act. Whose side am I on? The tens of…

Joe Barton
Rep. Joe BartonR-TX-6 · Dec 19, 2017

Mr. Speaker, I am one of the few Members that was here back in 1986 when we had the last major tax cut before this body. The President was Ronald Reagan and the Speaker of the House was Tip O'Neill.…

Bruce Poliquin
Rep. Bruce PoliquinR-ME-2 · Dec 19, 2017

Mr. Speaker, all businesses in America, large and small, should be fairly and predictably regulated, including those companies in the financial services industry. Now, Mr. Speaker, when the real…

Bill Text

4 versions available

Reading Mode
Latest
Referred in SenateIssued December 20, 2017

IIB

115th CONGRESS

1st Session

H. R. 3312

IN THE SENATE OF THE UNITED STATES

December 20, 2017

Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs

AN ACT

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.

1.

Short title

This Act may be cited as the Systemic Risk Designation Improvement Act of 2017.

2.

Revisions to Council authority

(a)

Purposes and duties

Section 112 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5322) is amended in subsection (a)(2)(I) by inserting before the semicolon , which have been identified as global systemically important bank holding companies pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165.

(b)

Enhanced supervision

Section 115 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5325) is amended—

(1)

in subsection (a)(1), by striking large, interconnected bank holding companies and inserting bank holding companies which have been identified as global systemically important bank holding companies pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165; and

(2)

in subsection (a)(2)—

(A)

in subparagraph (A), by striking ; or at the end and inserting a period;

(B)

by striking the Council may and all that follows through differentiate and inserting the Council may differentiate; and

(C)

by striking subparagraph (B).

(c)

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 identified as a global systemically important bank holding company pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165.

(d)

Mitigation

Section 121(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5331) is amended by striking with total consolidated assets of $50,000,000,000 or more and inserting which has been identified as a global systemically important bank holding company pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165.

(e)

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 identified as global systemically important bank holding companies pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165.

3.

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 consolidated assets equal to or greater than $50,000,000,000 each place such term appears and inserting which has been identified as a global systemically important bank holding company pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165.

(b)

Management interlocks

Section 164 of the Dodd-Frank Wall Street Reform and Consumer 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 identified as a global systemically important bank holding company pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165.

(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 identified as global systemically important bank holding companies pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l);

(2)

in subsection (a)(2)—

(A)

by striking (A) In general.—;

(B)

in subparagraph (A), by striking may and inserting shall; and

(C)

by striking subparagraph (B); and

(3)

in subsection (j), by striking with total consolidated assets equal to or greater than $50,000,000,000 and inserting which has been identified as a global systemically important bank holding company pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l).

(d)

Advanced tailoring

Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5365) is amended by adding at the end the following:

(l)

Additional bank holding companies subject to enhanced supervision and prudential standards by tailored regulation

(1)

Determination

The Board of Governors may, within the limits of its existing resources—

(A)

determine that a bank holding company that has not been identified as a global systemically important bank holding company pursuant to section 217.402 of title 12, Code of Federal Regulations, shall be subject to certain enhanced supervision or prudential standards under this section, tailored to the risks presented, based on the considerations in paragraph (3), where material financial distress at the bank holding company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the individual bank holding company, could pose a threat to the financial stability of the United States; or

(B)

by regulation determine that a category of bank holding companies that have not been identified as global systemically important bank holding companies pursuant to section 217.402 of title 12, Code of Federal Regulations, shall be subject to certain enhanced supervision 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 material 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 affirmative vote by the Chairperson, approves the metrics used by the Board of Governors in establishing such regulation.

(3)

Considerations

In making any determination under paragraph (1), the Board of Governors shall consider the following factors:

(A)

The size of the bank holding company.

(B)

The interconnectedness of the bank holding company.

(C)

The extent of readily available substitutes or financial institution infrastructure for the services of the bank holding company.

(D)

The global cross-jurisdictional activity of the bank holding company.

(E)

The complexity of the bank holding company.

(4)

Consistent application of considerations

In making a determination under paragraph (1), the Board of Governors shall ensure that bank holding companies that are similarly situated with respect to the factors described under paragraph (3), are treated similarly for purposes of any enhanced supervision or prudential standards applied under this section.

(5)

Use of currently reported data to avoid unnecessary burden

For purposes of making a determination under paragraph (1), the 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 unnecessary burden on bank holding companies.

.

(e)

Systemic identification

Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection 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 systemically 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 companies 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.

.

4.

Rule of construction

Nothing in this Act or the amendments made by this Act shall be construed to prohibit the Board of Governors 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, substitutability, 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.

5.

Existing assessment termination schedule

(a)

Temporary extension of existing assessment

(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 consolidated assets equal to or greater than $50,000,000,000, has not been identified as a global systemically important bank holding company pursuant to section 217.402 of title 12, Code of Federal Regulations, and has not been subjected to a determination under subsection (l) of section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, shall be subject to assessments by the Secretary of the Treasury to the same extent as a 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 assessment, based on the considerations for establishing the prudential standards under section 115 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5325).

(3)

Limitation on amount of assessments

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 collected pursuant to paragraph (1) shall be in addition to, and not as a replacement of, any assessments required under any other law.

(b)

Treatment upon determination

A bank holding company assessed under this section shall no longer be subject to such assessments in the event it is identified as a global systemically important bank holding company pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Any prior payments made by such a banking holding company pursuant to an assessment under this section shall be nonrefundable.

6.

Effective date

The amendments made by this Act shall take effect after the end of the 18-month period following the date of the enactment of this Act.

Passed the House of Representatives December 19, 2017.

Karen L. Haas,

Clerk.