Pub. L. 101-73, tit. X, sec. 1001 (as amended)
STUDY OF FEDERAL DEPOSIT INSURANCE SYSTEM.
SEC. 1001. STUDY OF FEDERAL DEPOSIT INSURANCE SYSTEM.
(a) In General.—The Secretary of the Treasury, in consultation
with the Comptroller of the Currency, the Chairman of the Board of
Governors of the Federal Reserve System, the Director of the Office
of Thrift Supervision, the Chairperson of the Federal Deposit Insurance
Corporation, the Chairman of the National Credit Union
Administration Board, the Director of the Office of Management
and Budget, and individuals from the private sector, shall conduct a
study of the Federal deposit insurance system.
(b) Topics.—As part of the study required under subsection (a), the
Secretary of the Treasury shall investigate, review, and evaluate the
following:
(1)
The feasibility of establishing a deposit insurance premium
rate structure which would take into account, on an
institution-by-institution basis—
(A)
asset quality risk;
(B)
interest rate risk;
(C)
quality of management; and
(D)
profitability and capital.
(2)
Incentives for market discipline, including the advantages
of—
(A)
limiting each depositor to 1 insured account per
institution;
(B)
reducing the amount insured, or providing for a graduated
decrease in the percentage of the amounts deposited
which are insured as the amounts deposited increase;
(C)
combining Federal with private insurance in order to
bring the market discipline of private insurance to bear on
the management of the depository institution; and
(D)
ensuring, by law or regulation, that on the closing of
any insured depository institution, the appropriate Federal
insurance fund will honor only its explicit liabilities, and
will never make good any losses on deposits not explicitly
covered by Federal deposit insurance.
(3)
The scope of deposit insurance coverage and its impact on
the liability of the insurance fund.
(4)
The feasibility of market value accounting, assessments on
foreign deposits, limitations on brokered deposits, the addition
of collateralized borrowings to the deposit insurance base, and
multiple insured accounts.
(5)
The impact on the deposit insurance funds of varying State
and Federal bankruptcy exemptions and the feasibility of—
(A)
uniform exemptions;
(B)
limits on exemptions when necessary to repay obligations
owed to federally insured depository institutions; and
(C)
requiring borrowers from federally insured depository
institutions to .post a personal or corporate bond when
obtaining a mortgage on real property.
(6)
Policies to be followed with respect to the recapitalization
or closure of insured depository institutions whose capital is
depleted to, or near the point of, insolvency.
(7)
The efficiency of housing subsidies through the Federal
home loan bank system.
(8)
Alternatives to Federal deposit insurance.
(9)
The feasibility of developing and administering, through
the appropriate Federal banking agency, an examination of the
principles and techniques of risk management and the application
of such principles and techniques to the management of
insured institutions.
(10)
The adequacy of capital of insured credit unions and the
National Credit Union Share Insurance Fund, including
whether the supervision of such fund should be separated from
the other functions of the National Credit Union Administration.
(11)
The feasibility of requiring, by statute or other means,
that—
(A)
independent auditors and accountants of a depository
institution report the results of any audit of the institution
to the relevant regulatory agency or agencies;
(B)
a regulator share reports on a depository institution
with the institution's independent auditors and accountants;
and
(C)
independent auditors and accountants participate in
conferences between the regulator and the depository
institution.
(12)
The feasibility of adopting regulations which are the
same as or similar to the provisions of England's Banking Act,
1987, ch. 22 (4 Halsbury's Statutes of England and Wales 527-
650 (198711, enacted on May 15, 1987, relating to the Bank of
England's relationship with auditors and reporting accountants
(including sections 8, 39, 41, 45, 46, 47, 82, 83, 85, and 94 of such
Act).
(c) Final Report.—Not later than the close of the 18-month period
beginning on the date of the enactment of this Act, the Secretary of
the Treasury shall submit to the Congress a final report containing
a detailed statement of findings made, and conclusions drawn from,
the study conducted under this section, including such recommendations
for administrative and legislative action as the Secretary
determines to be appropriate.
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