[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 31 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                 H. R. 31

To enhance the supervision and regulation of the derivatives activities 
           of financial institutions, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

Mr. Gonzalez (for himself, Mr. Kanjorski, and Mr. Mfume) introduced the 
  following bill; which was referred to the Committee on Banking and 
                           Financial Services

_______________________________________________________________________

                                 A BILL


 
To enhance the supervision and regulation of the derivatives activities 
           of financial institutions, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Derivatives Safety 
and Soundness Supervision Act of 1995''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
        TITLE I--ENHANCED SUPERVISION OF DERIVATIVES ACTIVITIES

Sec. 101. Increased agency oversight of financial institution 
                            activities involving derivative financial 
                            instruments.
Sec. 102. Disclosure of amounts, nature, and terms of derivative 
                            financial instruments in financial 
                            institution call reports.
Sec. 103. Training for examiners and assistant examiners.
Sec. 104. State liaisons.
                   TITLE II--SUPERVISORY IMPROVEMENTS

Sec. 201. Unsafe or unsound practices.
Sec. 202. Confidential emergency management reporting.
Sec. 203. Internal controls.
Sec. 204. Foreign bank supervision.
          TITLE III--FINANCIAL INSTITUTION INSOLVENCY REFORMS

Sec. 301. Treatment of certain swap agreements by conservators or 
                            receivers of insured depository 
                            institutions.
Sec. 302. Authority of the corporation with respect to failed and 
                            failing institutions.
Sec. 303. Amendments relating to transfers of qualified financial 
                            contracts.
Sec. 304. Clarifying amendment relating to master agreements.
Sec. 305. Technical amendments relating to qualified financial 
                            contracts.
             TITLE IV--INTERNATIONAL REGULATORY COOPERATION

Sec. 401. Study of international regulation and supervision of 
                            derivatives activities of financial 
                            institutions.
Sec. 402. International negotiations.
                           TITLE V--GAO STUDY

Sec. 501. Study of speculation and margin and collateral requirements 
                            with respect to derivatives activities of 
                            financial institutions.

SEC. 2. DEFINITIONS.

    For purposes of this Act the following definitions shall apply:
            (1) Active end-user.--The term ``active end-user'' means 
        any financial institution which buys or sells a significant 
        amount of derivative financial instruments, or conducts 
        transactions in a wide variety of derivative financial 
        instruments.
            (2) Appropriate federal banking agency.--The term 
        ``appropriate Federal banking agency'' has the same meaning as 
        in section 3(q) of the Federal Deposit Insurance Act.
            (3) Appropriate federal regulatory agency.--The term 
        ``appropriate Federal regulatory agency'' means--
                    (A) any appropriate Federal banking agency, in the 
                case of any insured depository institution or other 
                entity described in section 3(q) of the Federal Deposit 
                Insurance Act;
                    (B) the National Credit Union Administration, in 
                the case of any insured credit union;
                    (C) the Office of Federal Housing Enterprise 
                Oversight of the Department of Housing and Urban 
                Development, in the case of any financial institution 
                which is subject to the oversight of such office;
                    (D) the Federal Housing Finance Board, in the case 
                of any Federal home loan bank or the Office of Finance 
                of the Federal home loan banks;
                    (E) the Director of the Office of Thrift 
                Supervision, in the case of any affiliate of any 
                savings association or savings and loan holding company 
                for which there is no other appropriate Federal banking 
                agency;
                    (F) the Securities and Exchange Commission, in the 
                case of any financial institution described in clause 
                (v), (vi), or (vii) of paragraph (7)(A);
                    (G) the Secretary of the Treasury, in the case of 
                any insurance company;
                    (H) the Commodity Futures Trading Commission, in 
                the case of any financial institution described in 
                clause (viii) of paragraph (7)(A); and
                    (I) the Board of Governors of the Federal Reserve 
                System, in the case of any financial institution which 
                is not described in any other subparagraph of this 
                paragraph.
            (4) Depository institution.--The term ``depository 
        institution''--
                    (A) has the same meaning as in section 3(c) of the 
                Federal Deposit Insurance Act; and
                    (B) includes any Federal credit union and any State 
                credit union (as such terms are defined in section 101 
                of the Federal Credit Union Act).
            (5) Derivatives activities.--The term ``derivatives 
        activities'' means any activity in which a financial 
        institution is engaged as a dealer in derivative financial 
        instruments or as an active end-user.
            (6) Derivative financial instrument.--The term ``derivative 
        financial instrument'' means any qualified financial contract 
        (as defined in section 11(e)(8)(D) of the Federal Deposit 
        Insurance Act), and any other instrument, which the appropriate 
        Federal regulatory agency determines to be a derivative 
        financial instrument.
            (7) Financial institution.--The term ``financial 
        institution''--
                    (A) means--
                            (i) any depository institution;
                            (ii) any entity described in section 3(q) 
                        of the Federal Deposit Insurance Act which is 
                        not a depository institution;
                            (iii) any institution which is subject to 
                        the oversight of the Office of Federal Housing 
                        Enterprise Oversight of the Department of 
                        Housing and Urban Development; and
                            (iv) any Federal home loan bank and the 
                        Office of Finance of the Federal home loan 
                        banks;
                            (v) any broker, dealer, government 
                        securities broker, government securities 
                        dealer, municipal securities broker, or 
                        municipal securities dealer (as such terms are 
                        defined in the Securities Exchange Act of 
                        1934);
                            (vi) any investment company (as defined in 
                        section 3(a) of the Investment Company Act of 
                        1940);
                            (vii) any investment adviser (as defined in 
                        section 202(a)(11) of the Investment Advisers 
                        Act of 1940);
                            (viii) any futures commission merchant, 
                        floor broker, commodity trading advisor, or 
                        commodity pool operator (as defined in section 
                        1a of the Commodity Exchange Act); and
                            (ix) any insurance company; and
                    (B) includes any affiliate of a depository 
                institution (which is not otherwise described in 
                subparagraph (A)) the derivatives activities of which 
                are determined by the appropriate Federal regulatory 
                agency to pose a potential risk to the safety and 
                soundness of such depository institution.
            (8) Insured credit union.--The term ``insured credit 
        union'' has the same meaning as in section 101(7) of the 
        Federal Credit Union Act.
            (9) Insured depository institution.--The term ``insured 
        depository institution''--
            (A) has the same meaning as in section 3(c)(2) of the 
        Federal Deposit Insurance Act; and
            (B) includes an insured credit union.

        TITLE I--ENHANCED SUPERVISION OF DERIVATIVES ACTIVITIES

SEC. 101. INCREASED AGENCY OVERSIGHT OF FINANCIAL INSTITUTION 
              ACTIVITIES INVOLVING DERIVATIVE FINANCIAL INSTRUMENTS.

    (a) Establishment of Regulatory Standards.--The appropriate Federal 
regulatory agencies shall establish, in consultation with each other 
such agency, substantially similar standards relating to capital, 
accounting, disclosure, risk management, and suitability, for the 
supervision by such agencies of financial institutions engaged in 
derivatives activities.
    (b) Factors Required to Be Considered in Establishing Standards.--
            (1) In general.--In establishing standards pursuant to 
        subsection (a), the appropriate Federal regulatory agencies 
        shall consider the need to require the following:
                    (A) Capital requirements (with particular attention 
                to a leverage ratio where appropriate) to guard 
                generally against risks at financial institutions, 
                including added risks that may be posed by derivatives 
                activities.
                    (B) Comprehensive risk management systems that--
                            (i) are commensurate in scope, size, and 
                        complexity to the levels of activities and 
                        risks assumed by financial institutions;
                            (ii) include limits and controls with 
                        respect to any level of risk regarding 
                        counterparty credit, concentration, and other 
                        relevant market factors;
                            (iii) ensure that market factors affecting 
                        risk exposures are adequately measured, 
                        monitored, and controlled; and
                            (iv) adequately control potential losses 
                        and undue risks arising from system 
                        deficiencies.
                    (C) To the extent practicable, joint regulatory 
                examinations by the appropriate Federal banking 
                agencies of financial institutions which engage in 
                derivatives activities.
                    (D) The prudent use of collateral by counterparties 
                to derivatives transactions.
                    (E) Appropriate parameters, models, and simulations 
                for the purpose of evaluating a financial institution's 
                exposure to derivatives activities and relevant 
                economic scenarios and further specifics regarding 
                stress tests.
                    (F) Appropriate credit risk reserves in connection 
                with derivatives activities.
                    (G) Protection against legal risk, including 
                foreign legal risk.
                    (H) Assurance that, consistent with safe and sound 
                banking practices, a financial institution does not 
                recommend or engage in derivatives activities which are 
                inappropriate for a customer of the institution.
                    (I) Effective senior management supervision and 
                oversight by the board of directors of a financial 
                institution to ensure that derivatives activities are 
                conducted in a safe and sound manner and are consistent 
                with the board of director's overall risk management 
                philosophy and the institution's business strategy.
            (2) Reports to banking committees.--During the 5-year 
        period beginning on the date of the enactment of this Act, 
        section 37(c) of the Federal Deposit Insurance Act shall apply 
        with respect to the standards adopted, prescribed, or issued by 
        any appropriate Federal regulatory agency pursuant to this Act 
        in the same manner such section applies with respect to 
        accounting and capital standards used by appropriate Federal 
        banking agencies.
    (c) Coordination With Section 37 of the Federal Deposit Insurance 
Act.--No provision of this section shall be construed as authorizing 
the establishment of any standard which is inconsistent with the 
requirements of section 37 of the Federal Deposit Insurance Act.

SEC. 102. DISCLOSURE OF AMOUNTS, NATURE, AND TERMS OF DERIVATIVE 
              FINANCIAL INSTRUMENTS IN FINANCIAL INSTITUTION CALL 
              REPORTS.

    (a) Insured Depository Institutions.--The Federal Deposit Insurance 
Act (12 U.S.C. 1811 et seq.) is amended by adding at the end the 
following new section:

``SEC. 44. DISCLOSURE REQUIREMENTS FOR DERIVATIVE FINANCIAL 
              INSTRUMENTS.

    ``(a) Information Required To Be Included in Call Reports.--Each 
appropriate Federal banking agency shall consider, and may require, 
disclosures in any report of condition made by any insured depository 
institution in accordance with section 7(a) with respect to any period 
beginning after December 31, 1995, of the following information:
            ``(1) Quantitative information with respect to all 
        derivative financial instruments.--
                    ``(A) Gross notional value.--The gross notional 
                value of each class of derivative financial 
                instruments.
                    ``(B) Revenue, gains, and losses.--All revenue, 
                gains, and losses of the institution attributable to 
                each class of derivative financial instruments.
                    ``(C) Exposure under bilateral netting contract.--
                The net current credit exposure of the institution 
                under legally enforceable bilateral arrangements with 
                respect to each class of derivative financial 
                instruments.
            ``(2) Terms to maturity.--Information on the remaining term 
        to maturity of each class of derivative financial instruments.
            ``(3) Quantitative information with respect to derivative 
        financial instruments held for trading purposes.--
                    ``(A) Average fair value balances.--The average 
                maximum and minimum fair value balances of the insured 
                depository institution with respect to each class of 
                derivative financial instruments used by the 
                institution for trading purposes.
                    ``(B) Revenue, gains, and losses.--All revenue, 
                gains, and losses of the institution attributable to 
                trading account operations with respect to each class 
                of derivative financial instruments.
            ``(4) Additional information.--Any additional information 
        that any appropriate Federal banking agency may consider to be 
        appropriate.
    ``(b) Separate Reporting for Exchange and OTC Trading.--To the 
maximum extent possible, information reported pursuant to subsection 
(a) with respect to transactions which are conducted on an exchange, 
and each class of derivative financial instruments which are the 
subjects of such transactions, shall be provided separately from 
information relating to transactions which are conducted over the 
counter, and the classes of derivative financial instruments which are 
the subjects of such transactions.
    ``(c) Qualitative Reporting Requirements.--The Federal banking 
agencies shall take such action as may be appropriate to encourage 
insured depository institutions to publicly report the following 
information with such frequency as the agencies determine to be 
appropriate:
            ``(1) Nature of derivative financial instruments.--A 
        description of--
                    ``(A) the purposes for which each class of 
                derivative financial instruments has been acquired by 
                the institution, including the specific objectives of 
                the institution; and
                    ``(B) the overall operating and investment 
                strategies of the institution which provide the context 
                for acquiring or taking any such holding, position, or 
                other interest in any derivative financial instrument.
            ``(2) Accounting policies.--A description of the accounting 
        policy and principles and the methodologies used by the 
        institution to determine the value of the various classes of 
        derivative financial instruments.
    ``(d) Definitions.--For purposes of this section, the terms `active 
end-user' and `derivative financial instrument' have the same meanings 
as in section 2 of the Derivatives Safety and Soundness Supervision Act 
of 1995.''.
    (b) Insured Credit Unions.--Section 202(a) of the Federal Credit 
Union Act (12 U.S.C. 1782(a)) is amended by adding at the end the 
following new paragraph:
            ``(8) Derivative financial instruments.--
                    ``(A) In general.--The reports of condition made by 
                insured credit unions under this section shall include 
                all the information with respect to derivative 
                financial instruments which is required, under section 
                44 of the Federal Deposit Insurance Act, to be included 
                in reports of condition made by insured depository 
                institutions (as defined in section 3 of such Act).
                    ``(B) Applicability of section 44 of the federal 
                deposit insurance act.--Section 44 of the Federal 
                Deposit Insurance Act shall apply with respect to 
                insured credit unions and the Board in the same manner 
                such section applies to insured depository institutions 
                and Federal banking agencies (as such terms are defined 
                in section 3 of such Act) and shall be enforceable by 
                the Board with respect to insured credit unions under 
                this Act.''.
    (c) Other Financial Institutions.--
            (1) In general.--Each appropriate Federal regulatory agency 
        of any financial institution which is not an insured depository 
        institution or an insured credit union shall consider 
        requiring, and may require, such institution to file a 
        quarterly report, with such institution's appropriate Federal 
        regulatory agency, containing comparable information with 
        respect to derivative financial instruments which is required, 
        under section 44 of the Federal Deposit Insurance Act, to be 
        included in reports of condition made by insured depository 
        institutions (as defined in section 3 of such Act).
            (2) Applicability of section 44 of the federal deposit 
        insurance act.--Section 44 of the Federal Deposit Insurance Act 
        shall apply with respect to financial institutions and 
        appropriate Federal regulatory agencies described in paragraph 
        (1) in the same manner such section applies to insured 
        depository institutions and Federal banking agencies (as such 
        terms are defined in section 3 of such Act) and shall be 
        enforceable by such agencies with respect to such financial 
        institutions under any other law which provides such agency 
        with administrative enforcement authority over such 
        institution.

SEC. 103. TRAINING FOR EXAMINERS AND ASSISTANT EXAMINERS.

    (a) In General.--The Financial Institutions Examination Council 
shall sponsor training programs concerning derivatives activities for 
examiners and assistant examiners employed by any agency represented on 
such council.
    (b) Enrollment.--Under such conditions as the Financial 
Institutions Examination Council may establish, training programs 
sponsored by the council pursuant to subsection (a) shall be open to 
enrollment by employees of State bank supervisors (as defined in 
section 3(r) of the Federal Deposit Insurance Act) and employees of the 
Federal Housing Finance Board and the Office of Federal Housing 
Enterprise Oversight of the Department of Housing and Urban 
Development.
    (c) Risk Management Training.--The risk management training 
provided under section 1009A of the Federal Financial Institutions 
Examination Council Act of 1978 shall include risk management 
techniques related to derivatives activities, except that the cost of 
providing training with respect to such activities to employees of 
financial institutions shall be paid by the institutions.

SEC. 104. STATE LIAISONS.

    (a) In General.--To encourage the application of uniform 
examination principles and standards by State and Federal agencies with 
respect to derivatives activities of financial institutions, the 
appropriate Federal regulatory agencies shall establish a liaison 
committee composed of 5 representatives of State agencies which 
supervise financial institutions which shall meet at least twice a year 
with such Federal agencies.
    (b) Travel Expenses.--Each member of the liaison committee 
established pursuant to subsection (a) shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with sections 
5702 and 5703 of title 5, United States Code.

                   TITLE II--SUPERVISORY IMPROVEMENTS

SEC. 201. UNSAFE OR UNSOUND PRACTICES.

    (a) Effective Management Oversight.--No financial institution may 
engage in derivatives activities without a written management plan 
approved by the board of directors of the institution which--
            (1) ensures that such activities are--
                    (A) conducted with appropriate oversight of the 
                directors and the senior executive officers (as defined 
                pursuant to section 32(f) of the Federal Deposit 
                Insurance Act) of the institution;
                    (B) conducted in a safe and sound manner; and
                    (C) consistent with the overall risk management 
                philosophy and the business strategy of the management 
                of the institution; and
            (2) establishes prudential standards for the management of 
        the risks involved in such activities and a framework for 
        internal controls with respect to such activities.
    (b) Requirement for Directors.--No financial institution may act as 
a dealer in derivative financial instruments or as an active end-user 
unless the board of directors of such institution is informed of the 
risks associated with the derivatives activities of the financial 
institution and the total current credit exposure of the institution 
with respect to any such activities.
    (c) Enforcement.--Any failure to comply with the provisions of this 
section, and the failure of any institution-affiliated party (as 
defined in section 3(u) of the Federal Deposit Insurance Act) engaged 
in derivatives activities to have adequate technical expertise with 
respect to such activities, may be treated by the appropriate Federal 
regulatory agency as an unsafe or unsound practice in conducting the 
business of the institution involved.

SEC. 202. CONFIDENTIAL EMERGENCY MANAGEMENT REPORTING.

    (a) In General.--Before the end of the 1-year period beginning on 
the date of the enactment of this Act, the appropriate Federal 
regulatory agencies shall develop the means to obtain all necessary 
information relating to any derivatives activity or any class of 
derivative financial instruments, whenever the appropriate Federal 
regulatory agency determines such information is needed, from any 
financial institution which is a dealer in derivative financial 
instruments or is an active end-user if the agency determines that the 
agency needs such information as a result of adverse market conditions 
or other emergency situation (as defined by the agency).
    (b) Accessibility of Information.--Each financial institution 
referred to in subsection (a) shall--
            (1) obtain such information and make and keep such records 
        as the appropriate Federal regulatory agency may require by 
        regulation for purposes of such paragraph; and
            (2) promptly provide to the appropriate Federal regulatory 
        agency any information requested by the agency pursuant to such 
        paragraph.
    (c) Confidentiality of Information Provided.--No information 
provided to or obtained by an appropriate Federal regulatory agency 
pursuant to subsection (a) with respect to any financial institution 
may be provided to any person or entity other than another Federal 
regulatory agency with jurisdiction over the financial institution 
without the prior written approval of the agency.

SEC. 203. INTERNAL CONTROLS.

    Section 39(a)(1)(A) of the Federal Deposit Insurance Act (12 U.S.C. 
1831p-1(a)(1)(A)) is amended by striking ``internal controls'' and 
inserting ``internal controls (including internal controls for 
activities involving derivative financial instruments (as defined in 
section 44(d)))''.

SEC. 204. FOREIGN BANK SUPERVISION.

    (a) Standards for Approval.--Section 7(d)(2)(A) of the 
International Banking Act of 1978 (12 U.S.C. 3105(d)(2)(A)) is amended 
by inserting before the semicolon the following: ``, including, in the 
case of a foreign bank engaged in derivatives activities (as defined in 
section 2(5) of the Derivatives Safety and Soundness Supervision Act of 
1995), comprehensive supervision and regulation of such activities.''.
    (b) Factor for Consideration.--Section 7(d) of the International 
Banking Act of 1978 (12 U.S.C. 3105(d)) is amended by adding at the end 
the following new paragraph:
            ``(6) Factor for consideration.--In making any 
        determination under paragraph (2), the Board shall consider 
        whether the home country of a foreign bank maintains 
        comprehensive supervision and regulation of derivatives 
        activities (as defined in section 2(5) of the Derivatives 
        Safety and Soundness Supervision Act of 1995), including, where 
        appropriate, capital and disclosure standards, which are not 
        less stringent than United States standards.''.

          TITLE III--FINANCIAL INSTITUTION INSOLVENCY REFORMS

SEC. 301. TREATMENT OF CERTAIN SWAP AGREEMENTS BY CONSERVATORS OR 
              RECEIVERS OF INSURED DEPOSITORY INSTITUTIONS.

    Section 11(e)(8)(D)(vi)(I) of the Federal Deposit Insurance Act (12 
U.S.C. 1821(e)(8)(D)(vi)(I)) is amended--
            (1) by striking ``purchased'' each place such term appears; 
        and
            (2) by inserting ``, equity derivative, equity or equity 
        index swap, equity or equity index option, bond option, spot 
        foreign exchange transaction'' after ``currency option''.

SEC. 302. AUTHORITY OF THE CORPORATION WITH RESPECT TO FAILED AND 
              FAILING INSTITUTIONS.

    Section 11(e)(8) of the Federal Deposit Insurance Act (12 U.S.C. 
1821(e)(8)) is amended--
            (1) in subparagraph (E)--
                    (A) by striking ``paragraph (12) of this 
                subsection''; and
                    (B) by striking ``subsection (d)(9)'' and inserting 
                ``subsections (d)(9), (e)(10), and (n)(4)(I)''; and
            (2) by adding the following new subparagraphs:
                    ``(F) Clarification.--No provision of law shall be 
                construed as limiting the right or power of the 
                Corporation, or authorizing any court or agency to 
                limit or delay, in any manner, the right or power of 
                the Corporation, to transfer any qualified financial 
                contract in accordance with paragraphs (9) and (10) or 
                to liquidate any such contract.
                    ``(G) Undercapitalized insured depository 
                institutions.--The Corporation, in consultation with 
                the appropriate Federal banking agencies, shall 
                prescribe regulations requiring more detailed 
                recordkeeping with respect to qualified financial 
                contracts (including market valuations) by insured 
                depository institutions that are undercapitalized (as 
                defined in section 38).''.

SEC. 303. AMENDMENTS RELATING TO TRANSFERS OF QUALIFIED FINANCIAL 
              CONTRACTS.

    Section 11(e)(10) of the Federal Deposit Insurance Act (12 U.S.C. 
1821(e)(10)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``conservator or'' each place such 
                term appears'';
                    (B) by striking ``use such conservator's or 
                receiver's best efforts to''; and
                    (C) by striking ``12:00, noon (local time)'' and 
                inserting ``5:00 p.m. (Eastern time)'';
            (2) by redesignating subparagraph (B) as subparagraph (E); 
        and
            (3) by inserting after subparagraph (A) the following new 
        subparagraphs:
                    ``(B) Certain rights not enforceable.--
                            ``(i) In general.--A person who is a party 
                        to a qualified financial contract with an 
                        insured depository institution may not exercise 
                        any right such person has to net or close out 
                        such contract under paragraph (8)(A) or section 
                        403 or 404 of the Federal Deposit Insurance 
                        Corporation Improvement Act of 1991 solely by 
                        reason of the appointment of a receiver for the 
                        depository institution (or the insolvency or 
                        financial condition of the institution for 
                        which the receiver is been appointed) until the 
                        earlier of--
                                    ``(I) 5:00 p.m. (Eastern time) of 
                                the business day following the date of 
                                the appointment of the receiver; or
                                    ``(II) the time the person receives 
                                notice that the contract has been 
                                transferred pursuant to paragraph 
                                (9)(A).
                            ``(ii) Notice to last-known address.--For 
                        purposes of this subparagraph, the Corporation 
                        as receiver of an insured depository 
                        institution shall be deemed to have notified a 
                        person who is a party to a qualified financial 
                        contract with such depository institution if 
                        the Corporation has sent notice to the last 
                        address of such person shown on the books and 
                        records of the depository institution with 
                        respect to such contract in the manner provided 
                        for in the contract or by other means 
                        reasonably calculated to reach such person by 
                        the time specified in clause (i)(I).
                            ``(iii) Exception to right of contracting 
                        party to net or close out contracts.--A person 
                        who is a party to a qualified financial 
                        contract with an insured depository institution 
                        may not exercise any right such person has to 
                        net or close out a contract under paragraph 
                        (8)(E) or section 403 or 404 of Federal Deposit 
                        Insurance Corporation Improvement Act of 1991, 
                        solely by reason of the appointment of a 
                        conservator for the depository institution.
                    ``(C) Treatment of bridge banks.--A bridge bank 
                shall not be treated as a depository institution in 
                default for purposes of this paragraph.
                    ``(D) Treatment of certain conservatorships.--An 
                institution organized by the Corporation for which a 
                conservator is appointed--
                            ``(i) immediately upon the organization of 
                        the institution; or
                            ``(ii) at the time of a purchase and 
                        assumption transaction between such institution 
                        and a failed depository institution for which 
                        the Corporation has been appointed receiver,
                shall not be treated as a depository institution in 
                default for purposes of this paragraph.''.

SEC. 304. CLARIFYING AMENDMENT RELATING TO MASTER AGREEMENTS.

    Section 11(e)(8)(D)(vii) of the Federal Deposit Insurance Act (12 
U.S.C. 1821(e)(8)(D)(vii)) is amended to read as follows:
                            ``(vii) Treatment of master agreement as 1 
                        agreement.--Any master agreement for any 
                        contract or agreement described in any 
                        preceding clause of this subparagraph, together 
                        with all supplements to such master agreement, 
                        shall be treated as a single agreement and a 
                        single qualified financial contract.''.

SEC. 305. TECHNICAL AMENDMENTS RELATING TO QUALIFIED FINANCIAL 
              CONTRACTS.

    (a) Definition of Qualified Financial Contract.--Section 
11(e)(8)(D) of the Federal Deposit Insurance Act (12 U.S.C. 
1821(e)(8)(D)) is amended--
            (1) in clause (i), by inserting ``spot contract,'' after 
        ``swap agreement,'';
            (2) in clause (iv), by striking ``(24)'' and inserting 
        ``(25)''; and
            (3) in clause (v), by striking ``101(41)'' and inserting 
        ``101(47)''.
    (b) Limitation on Rights of Counterparties in Event of Default Due 
to Appointment of a Conservator.--Section 11(e)(8)(E)(i) of the Federal 
Deposit Insurance Act (12 U.S.C. 1821(e)(8)(E)(i)) is amended--
            (1) by striking ``paragraph (12)'' and inserting 
        ``paragraph (10)''; and
            (2) by striking ``subsection (d)(9)'' and inserting 
        ``subsections (d)(9) and (n)(4)(I)''.
    (c) Federal Deposit Insurance Corporation Improvement Act of 
1991.--Sections 403(a) and 404(a) of the Federal Deposit Insurance 
Corporation Improvement Act of 1991 (12 U.S.C. 4403(a), 4404(a)) are 
each amended by inserting ``other than paragraph (8)(E) and 
(10)(B)(iii) of section 11(e) of the Federal Deposit Insurance Act'' 
after ``other provisions of law''.

             TITLE IV--INTERNATIONAL REGULATORY COOPERATION

SEC. 401. STUDY OF INTERNATIONAL REGULATION AND SUPERVISION OF 
              DERIVATIVES ACTIVITIES OF FINANCIAL INSTITUTIONS.

    (a) In General.--Before the end of the 30-day period beginning on 
the date of the enactment of this Act, the Secretary of the Treasury 
shall request a meeting with the appropriate representatives of the 
other major industrialized countries to plan a study to examine the 
adequacy of the international regulation and supervision of derivatives 
activities of financial institutions.
    (b) Goals of Study.--The goals of the study as proposed by the 
Secretary of the Treasury pursuant to subsection (a) with respect to 
derivatives activities of financial institutions shall be as follows:
            (1) To foster a greater understanding of the manner in 
        which derivative financial instruments affect the stability of 
        the world's financial systems and markets.
            (2) To examine the adequacy of international regulation and 
        supervision of derivative financial activities.
            (3) To make recommendations for improving the international 
        regulation and supervision of derivative financial activities.
            (4) To foster greater cooperation between all regulatory 
        agencies with jurisdiction over derivatives activities.
            (5) To make recommendations for action by the financial 
        regulators in the respective countries that would facilitate 
        the safe and sound conduct of entities involved in derivative 
        financial activities.
            (6) To evaluate the feasibility of establishing a single 
        governing body to regulate international derivative financial 
        activities.
    (c) Issues to Study.--The Secretary of the Treasury shall propose 
that the study with respect to derivatives activities of financial 
institutions include the following factors:
            (1) Identification of the manner in which derivative 
        financial instruments affect the stability of the world's 
        financial systems and markets.
            (2) Identification of the various regulatory entities and 
        mechanisms that are used to regulate and supervise derivative 
        financial activities around the world.
            (3) Analysis of the adequacy of the cooperation between the 
        various regulatory entities and mechanisms referred to in 
        paragraph (2).
            (4) Identification of problems that inhibit the safe and 
        sound conduct of worldwide derivatives activities.
            (5) Analysis of the extent to which derivative financial 
        activities in countries other than the major industrialized 
        countries affect the safety and soundness of the world's 
        financial systems and markets.
            (6) Identification of uniform accounting and public 
        reporting standards for derivative financial instruments.
            (7) Evaluation of the feasibility of establishing a single 
        governing body to regulate international derivatives 
        activities.
    (d) Utilization of Information and Resources.--The Secretary of the 
Treasury shall propose that, in conducting the study under this section 
with respect to derivatives activities of financial institutions, the 
major industrialized countries should--
            (1) gather information from a wide variety of sources 
        including government agencies, central banks, market 
        participants, and the consumers of the derivative financial 
        instruments;
            (2) to the extent feasible, obtain and use information from 
        the International Monetary Fund, the Bank for International 
        Settlements, and other multilateral organizations; and
            (3) utilize all available information and conclusions from 
        studies conducted by any multilateral organization, central 
        bank, or any group consisting of representatives of major 
        industrialized countries.

SEC. 402. INTERNATIONAL NEGOTIATIONS.

    The Chairman of the Board of Governors of the Federal Reserve 
System and the Comptroller of the Currency shall encourage central 
banks, and regulatory authorities of the other industrialized countries 
to work toward maintaining and, where appropriate, adopting comparable 
supervisory standards and regulations, particularly capital standards, 
for financial institutions engaged in derivatives activities.

                           TITLE V--GAO STUDY

SEC. 501. STUDY OF SPECULATION AND MARGIN AND COLLATERAL REQUIREMENTS 
              WITH RESPECT TO DERIVATIVES ACTIVITIES OF FINANCIAL 
              INSTITUTIONS.

    (a) Study Required.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study of the speculative uses of 
        derivative financial instruments by financial institutions and 
        the feasibility of imposing margin and collateral requirements 
        on speculative transactions engaged in by financial 
        institutions which involve derivative financial instruments.
            (2) Report.--The Comptroller General shall submit a report 
        on the study conducted pursuant to paragraph (1) to the 
        Congress before the end of the 18-month period beginning on the 
        date of the enactment of this Act.
    (b) Issues Involving Speculative Transactions Involving Derivative 
Financial Instruments.--In conducting the study under subsection 
(a)(1), the Comptroller General shall--
            (1) define the term ``speculation'' as such term is used in 
        connection with derivative financial instruments;
            (2) determine the extent to which financial institutions 
        use the various classes of derivative financial instruments to 
        engage in speculation for the institution's own trading 
        account; and
            (3) determine the extent to which financial institutions 
        engage in derivatives activities involving the various classes 
        of derivative financial instruments with speculators.
    (c) Issues Involving Margin and Collateral Requirements.--In 
conducting the study under subsection (a)(1), the Comptroller General 
shall--
            (1) determine which classes of derivative financial 
        instruments are subject to margin and collateral requirements 
        and the amount and purpose of the margin and collateral 
        requirement;
            (2) determine the extent to which the transactions of 
        financial institutions which involve any class of derivative 
        financial instruments are conducted over the counter and 
        evaluate the feasibility of imposing margin and collateral 
        requirements on such transactions;
            (3) evaluate the feasibility of imposing margin and 
        collateral requirements on any class of derivative financial 
        instruments which were acquired or taken for speculative 
        purposes; and
            (4) evaluate the competitive impact of imposing margin and 
        collateral requirements on the various classes of derivative 
        financial instruments which were acquired or taken for 
        speculative purposes.
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