; 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 2/3 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