[Congressional Record Volume 164, Number 43 (Monday, March 12, 2018)]
[Senate]
[Page S1635]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2194. Mr. WICKER (for himself and Ms. Duckworth) submitted an 
amendment intended to be proposed by him to the bill S. 2155, to 
promote economic growth, provide tailored regulatory relief, and 
enhance consumer protections, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. TREATMENT OF CERTAIN NONSIGNIFICANT INVESTMENTS IN 
                   THE CAPITAL OF UNCONSOLIDATED FINANCIAL 
                   INSTITUTIONS.

       (a) In General.--Section 18 of the Federal Deposit 
     Insurance Act (12 U.S.C. 1828), as amended by section 403(a), 
     is amended by adding at the end the following:
       ``(bb) Treatment of Nonsignificant Investments in the 
     Capital of Unconsolidated Financial Institutions.--For 
     purposes of the final rules titled `Regulatory Capital Rules: 
     Regulatory Capital, Implementation of Basel III, Capital 
     Adequacy, Transition Provisions, Prompt Corrective Action, 
     Standardized Approach for Risk-weighted Assets, Market 
     Discipline and Disclosure Requirements, Advanced Approaches 
     Risk-Based Capital Rule, and Market Risk Capital Rule' (78 
     Fed. Reg. 62018; published Oct. 11, 2013 and 79 Fed. Reg. 
     20754; published April 14, 2014) and any other regulation 
     which incorporates a definition of the term `nonsignificant 
     investments in the capital of unconsolidated financial 
     institutions', the appropriate Federal banking agencies shall 
     provide that investments in trust preferred securities 
     (pooled and individual instruments) by a depository 
     institution with assets of less than $15,000,000,000 as of 
     July 21, 2010, or a depository institution holding company 
     with assets of less than $15,000,000,000 as of July 21, 2010, 
     shall not be subject to deduction from the regulatory capital 
     of such depository institution or depository institution 
     holding company or any depository institution holding company 
     of such an institution, provided such investments were held 
     prior to July 21, 2010.''.
       (b) Amendment to Basel III Capital Regulations.--Not later 
     than the end of the 3-month period beginning on the date of 
     the enactment of this Act, the Federal Deposit Insurance 
     Corporation, the Board of Governors of the Federal Reserve 
     System, and the Comptroller of the Currency shall amend the 
     final rules titled ``Regulatory Capital Rules: Regulatory 
     Capital, Implementation of Basel III, Capital Adequacy, 
     Transition Provisions, Prompt Corrective Action, Standardized 
     Approach for Risk-weighted Assets, Market Discipline and 
     Disclosure Requirements, Advanced Approaches Risk-Based 
     Capital Rule, and Market Risk Capital Rule'' (78 Fed. Reg. 
     62018; published Oct. 11, 2013 and 79 Fed. Reg. 20754; 
     published April 14, 2014) to implement the amendments made by 
     this Act.
                                 ______