SEC. 630. Section 716 of the Dodd-Frank Wall
10 Street Reform and Consumer Protection Act (15 U.S.C.
11 8305) is amended—
12 (1) in subsection (b)—
13 (A) in paragraph (2)(B), by striking ‘‘in-
14 sured depository institution’’ and inserting
15 ‘‘covered depository institution’’; and
16 (B) by adding at the end the following:
17 ‘‘(3) COVERED DEPOSITORY INSTITUTION.—
18 The term ‘covered depository institution’ means—
19 ‘‘(A) an insured depository institution, as
20 that term is defined in section 3 of the Federal
21 Deposit Insurance Act (12 U.S.C. 1813); and
22 ‘‘(B) a United States uninsured branch or
23 agency of a foreign bank.’’;
24 (2) in subsection (c)—
1 (A) in the heading for such subsection, by
2 striking ‘‘INSURED’’ and inserting ‘‘COVERED’’;
3 (B) by striking ‘‘an insured’’ and inserting
4 ‘‘a covered’’;
5 (C) by striking ‘‘such insured’’ and insert-
6 ing ‘‘such covered’’; and
7 (D) by striking ‘‘or savings and loan hold-
8 ing company’’ and inserting ‘‘savings and loan
9 holding company, or foreign banking organiza-
10 tion (as such term is defined under Regulation
11 K of the Board of Governors of the Federal Re-
12 serve System (12 CFR 211.21(o)))’’;
13 (3) by amending subsection (d) to read as fol-
14 lows:
15 ‘‘(d) ONLY BONA FIDE HEDGING AND TRADITIONAL
16 BANK ACTIVITIES PERMITTED.—
17 ‘‘(1) IN GENERAL.—The prohibition in sub-
18 section (a) shall not apply to any covered depository
19 institution that limits its swap and security-based
20 swap activities to the following:
21 ‘‘(A) HEDGING AND OTHER SIMILAR RISK
22 MITIGATION ACTIVITIES.—Hedging and other
23 similar risk mitigating activities directly related
24 to the covered depository institution’s activities.
1 ‘‘(B) NON-STRUCTURED FINANCE SWAP
2 ACTIVITIES.—Acting as a swaps entity for
3 swaps or security-based swaps other than a
4 structured finance swap.
5 ‘‘(C) CERTAIN STRUCTURED FINANCE
6 SWAP ACTIVITIES.—Acting as a swaps entity for
7 swaps or security-based swaps that are struc-
8 tured finance swaps, if—
9 ‘‘(i) such structured finance swaps are
10 undertaken for hedging or risk manage-
11 ment purposes; or
12 ‘‘(ii) each asset-backed security under-
13 lying such structured finance swaps is of a
14 credit quality and of a type or category
15 with respect to which the prudential regu-
16 lators have jointly adopted rules author-
17 izing swap or security-based swap activity
18 by covered depository institutions.
19 ‘‘(2) DEFINITIONS.—For purposes of this sub-
20 section:
21 ‘‘(A) STRUCTURED FINANCE SWAP.—The
22 term ‘structured finance swap’ means a swap or
23 security-based swap based on an asset-backed
24 security (or group or index primarily comprised
25 of asset-backed securities).
1 ‘‘(B) ASSET-BACKED SECURITY.—The
2 term ‘asset-backed security’ has the meaning
3 given such term under section 3(a) of the Secu-
4 rities Exchange Act of 1934 (15 U.S.C.
5 78c(a)).’’;
6 (4) in subsection (e), by striking ‘‘an insured’’
7 and inserting ‘‘a covered’’; and
8 (5) in subsection (f)—
9 (A) by striking ‘‘an insured depository’’
10 and inserting ‘‘a covered depository’’; and
11 (B) by striking ‘‘the insured depository’’
12 each place such term appears and inserting
13 ‘‘the covered depository’’.