Pub. L. 111-203, tit. III, subtit. C, sec. 331
DEPOSIT INSURANCE REFORMS.
SEC. 331. DEPOSIT INSURANCE REFORMS.(a) Size Distinctions.—Section 7(b)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(2)) is amended—(1) by striking subparagraph (D); and(2) by redesignating subparagraph (C) as subparagraph (D).(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.124 STAT. 1539