To exempt inter-affiliate swaps from certain regulatory requirements put in place by the Dodd-Frank Wall Street Reform and Consumer Protection Act.
Latest action · Mar 28, 2012 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 343.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedAug 1, 2011
- Passed HouseMar 26, 2012
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
(Sec. 1) Amends the Commodity Exchange Act (CEA), as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), to exclude from the meaning of the term "swap," for purposes of clearing and execution requirements, capital and margin requirements, and for purposes of defining a swap dealer or major swap participant, any agreement, contract, or transaction that: (1) would otherwise be included as a "swap"; and (2) is entered into by parties that report information or prepare financial statements on a consolidated basis, or for which a company affiliated with both parties reports information or prepares financial statements on a consolidated basis.
Requires that such exempted agreements, contracts, or transactions be reported to either a swap data repository, or, if no such repository would accept them, to the Commodity Futures Trading Commission (CFTC) within the time period prescribed by the CFTC.
Retains federal or state regulatory authority to protect the integrity of an insurance fund or guaranty fund. Prohibits the regulator of such a fund, however, from subjecting agreements, contracts, or transactions between affiliated companies to specified clearing, capital and margin requirements, or reporting requirements of the Wall Street Transparency and Accountability Act of 2010 (WSTAA) (title VII of Dodd-Frank).
States that such transactions, however, are not exempt from regulation under the Federal Reserve Act (FRA) with respect to transactions among banking affiliates.
Preserves the safety-and-soundness authorities of the federal banking agencies, other than the authorities set forth in WSTAA.
Authorizes the CFTC to prescribe rules that include in the definition of swaps any agreement, contract, or transaction that has been structured to evade CEA requirements applicable to swaps.
Amends the Securities Exchange Act of 1934 (SEA), as amended by Dodd-Frank, to exclude from the meaning of the term "security-based swap," for purposes of clearing and execution requirements, capital and margin requirements, and for purposes of defining a security-based swap dealer or major security-based swap participant, any agreement, contract, or transaction that: (1) would otherwise be included as a "security-based swap"; and (2) is entered into by parties that report information or prepare financial statements on a consolidated basis, or for which a company affiliated with both parties reports information or prepares financial statements on a consolidated basis.
Requires that such exempted agreements, contracts, or transactions be reported to either a security-based swap data repository, or, if no such repository would accept them, to the Securities and Exchange Commission (SEC) within the time period prescribed by the SEC.
States that such transactions, however, are not exempt from regulation under the FRA with respect to transactions among banking affiliates.
Retains federal or state regulatory authority to protect the integrity of an insurance fund or guaranty fund. Prohibits the regulator of such a fund, however, from subjecting security-based swap transactions between affiliated companies to specified clearing and execution requirements, capital and margin requirements, or reporting requirements of the WSTAA.
Preserves the safety-and-soundness authorities of the federal banking agencies or state insurance regulators to impose capital requirements with regard to security-based swaps, other than the authorities set forth in WSTAA.
Authorizes the SEC to prescribe rules that include in the definition of security-based swaps any agreement, contract, or transaction that has been structured to evade SEA requirements applicable to security-based swaps.
(Sec. 2) Requires that the amendments to CEA made by this Act be implemented: (1) without regard to federal information policy requirements or the notice and comment requirements of federal administrative procedure; and (2) through promulgation of an interim final rule, pursuant to which public comment will be sought before a final rule is issued.
Limits the disregard of such federal information policy and notice and comment requirements solely to changes to rules and regulations, or proposed rule and regulations, that are limited to, and directly a consequence of, the amendments to CEA made by this Act.
Recorded votes 1
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 127 | On Motion to Suspend the Rules and Pass, as Amended | Passed357–36 | Mar 26, 2012 |
Cosponsors 4
Members who signed on, in the order they did. Signatures ran from Aug 1, 2011 to Jan 23, 2012; 1 is an original cosponsor, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-OH | Marcia L. Fudge | Original | Aug 1, 2011 |
| D-WI | Gwen Moore | Nov 1, 2011 | |
| R-IL | Robert J. Dold | Nov 30, 2011 | |
| R-NY | Christopher P. Gibson | Jan 23, 2012 |
Committees 2
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Financial Services Committee | Referred Aug 1, 2011Markup Nov 30, 2011Reported Dec 23, 2011 |
| Capital Markets Subcommittee | Referred Aug 22, 2011Hearings Oct 14, 2011Markup Nov 15, 2011Reported Nov 15, 2011 | |
| House | Agriculture Committee | Referred Aug 1, 2011Markup Jan 25, 2012Reported Feb 8, 2012 |
| General Farm Commodities, Risk Management, and Credit Subcommittee | Referred Sep 13, 2011Discharged Jan 25, 2012 |
Actions 26
Everything that happened, newest first.
- Mar 28, 2012Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 343.
- Mar 27, 2012Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
- Mar 26, 2012Mr. Garrett moved to suspend the rules and pass the bill, as amended.
- Mar 26, 2012Considered under suspension of the rules. (consideration: CR H1548-1551)
- Mar 26, 2012DEBATE - The House proceeded with forty minutes of debate on H.R. 2779.
- Mar 26, 2012At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
- Mar 26, 2012Considered as unfinished business. (consideration: CR H1556-1557)
- Mar 26, 2012Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 357 - 36 (Roll no. 127). (text: CR H1548-1549)
- Mar 26, 2012Motion to reconsider laid on the table Agreed to without objection.
- Feb 8, 2012Reported (Amended) by the Committee on Agriculture. H. Rept. 112-344, Part II.
- Feb 8, 2012Placed on the Union Calendar, Calendar No. 268.
- Feb 1, 2012House Committee on Agriculture Granted an extension for further consideration ending not later than Feb. 8, 2012.
- Jan 25, 2012Subcommittee on General Farm Commodities and Risk Management Discharged.
- Jan 25, 2012Committee Consideration and Mark-up Session Held.
- Jan 25, 2012Ordered to be Reported (Amended) by Voice Vote.
- Dec 23, 2011Reported (Amended) by the Committee on Financial Services. H. Rept. 112-344, Part I.
- Dec 23, 2011House Committee on Agriculture Granted an extension for further consideration ending not later than Feb. 1, 2012.
- Nov 30, 2011Committee Consideration and Mark-up Session Held.
- Nov 30, 2011Ordered to be Reported (Amended) by the Yeas and Nays: 53 - 0.
- Nov 15, 2011Subcommittee Consideration and Mark-up Session Held.
- Nov 15, 2011Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 23 - 6 .
- Oct 14, 2011Subcommittee Hearings Held.
- Sep 13, 2011Referred to the Subcommittee on General Farm Commodities and Risk Management.
- Aug 22, 2011Referred to the Subcommittee on Capital Markets and Government Sponsored Enterprises.
- Aug 1, 2011Introduced in House
- Aug 1, 2011Referred to the Committee on Financial Services, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
In the Congressional Record 3
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Senate · Extensions | Debate and remarks E479, S2115 | Harry Reid D-NV, Mazie K. Hirono D-HI | Mar 28, 2012 |
| Senate | Debate and remarks S2113 | Mary L. Landrieu D-LA | Mar 27, 2012 |
| House | Debate and remarks H1548–H1551Text printed H1548Recorded votes H1556exempt | Gwen Moore D-WI, K. Michael Conaway R-TX, Marcia L. Fudge D-OH, Scott Garrett R-NJ, Steve Stivers R-OH | Mar 26, 2012 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee reports
Congressional Budget Office cost estimates 2
- Feb 19, 2012H.R. 2779, A bill to exempt inter-affiliate swaps from certain regulatory requirements put in place by the Dodd-Frank Wall Street Reform and Consumer Protection ActCost estimate for the bill as ordered reported by the House Committee on Agriculture on January 25, 2012
- Dec 22, 2011H.R. 2779, A bill to exempt inter-affiliate swaps from certain regulatory requirements put in place by the Dodd-Frank Wall Street Reform and Consumer Protection ActCost estimate for the bill as ordered reported by the House Committee on Financial Services on November 30, 2011
Constitutional authority
The sponsor’s statement, as printed in the page H5887.
Printed hearings 6
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 112-163 | CHALLENGES FACING THE U.S. CAPITAL MARKETS TO EFFECTIVELY IMPLEMENT TITLE VII OF THE DODD-FRANK ACT183 pages | Financial Services Committee | Dec 12, 2012 |
| Serial No. 112-146 | WHO'S IN YOUR WALLET? DODD-FRANK'S IMPACT ON FAMILIES, COMMUNITIES, AND SMALL BUSINESSES149 pages | Financial Services Committee | Jul 19, 2012 |
| Serial No. 112-119 | OVERSIGHT OF THE U.S. SECURITIES AND EXCHANGE COMMISSION85 pages | Financial Services Committee | Apr 25, 2012 |
| Serial No. 112-29 | THE COMMODITY FUTURES TRADING COMMISSION 2012 AGENDA87 pages | Agriculture Committee | Feb 29, 2012 |
| Serial No. 112-75 | LEGISLATIVE PROPOSALS TO BRING CERTAINTY TO THE OVER-THE-COUNTER DERIVATIVES MARKET150 pages | Financial Services Committee | Oct 14, 2011 |
CRS reports 3
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 3
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R43117 | The Commodity Futures Trading Commission: Background and Current Issues Archived | Report | Jun 24, 2013 |
| R42961 | Comparing G-20 Reform of the Over-the-Counter Derivatives Markets Archived | Report | Feb 19, 2013 |
| R42129 | Derivatives Legislation in the 112th Congress Archived | Report | Dec 27, 2011 |
Titles 1
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To exempt inter-affiliate swaps from certain regulatory requirements put in place by the Dodd-Frank Wall Street Reform and Consumer Protection Act.
Subjects
Assigned by the Library of Congress. Policy area: Finance and Financial Sector.
Text 4
Each version as it was printed, newest first.
- Mar 28, 2012Placed on Calendar Senate
- Mar 26, 2012Engrossed in House
- Feb 8, 2012Reported in House
- Aug 1, 2011Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.