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H.R. 992 (113th): Swaps Regulatory Improvement Act


The text of the bill below is as of Sep 25, 2013 (Reported by House Committee).


IB

Union Calendar No. 169

113th CONGRESS

1st Session

H. R. 992

[Report No. 113–229, Parts I and II]

IN THE HOUSE OF REPRESENTATIVES

March 6, 2013

(for himself, Mr. Himes, Mr. Hudson, and Mr. Sean Patrick Maloney of New York) introduced the following bill; which was referred 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

September 25, 2013

Additional sponsors: Mr. David Scott of Georgia, Mr. Conaway, Mr. Garrett, Mr. Bachus, and Mr. Schneider

September 25, 2013

Reported from the Committee on Financial Services

September 25, 2013

Reported from the Committee on Agriculture; committed to the Committee of the Whole House on the State of the Union and ordered to be printed


A BILL

To amend provisions in section 716 of the Dodd-Frank Wall Street Reform and Consumer Protection Act relating to Federal assistance for swaps entities.


1.

Short title

This Act may be cited as the Swaps Regulatory Improvement Act .

2.

Reform of prohibition on swap activity assistance

Section 716 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 8305) is amended—

(1)

in subsection (b)

(A)

in paragraph (2)(B), by striking insured depository institution and inserting covered depository institution; and

(B)

by adding at the end the following:

(3)

Covered depository institution

The term covered depository institution means—

(A)

an insured depository institution, as that term is defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and

(B)

a United States uninsured branch or agency of a foreign bank.

;

(2)

in subsection (c)

(A)

in the heading for such subsection, by striking insured and inserting covered ;

(B)

by striking an insured and inserting a covered;

(C)

by striking such insured and inserting such covered; and

(D)

by striking or savings and loan holding company and inserting savings and loan holding company, or foreign banking organization (as such term is defined under Regulation K of the Board of Governors of the Federal Reserve System (12 C.F.R. 211.21(o)));

(3)

by amending subsection (d) to read as follows:

(d)

Only bona fide hedging and traditional bank activities permitted

(1)

In general

The prohibition in subsection (a) shall not apply to any covered depository institution that limits its swap and security-based swap activities to the following:

(A)

Hedging and other similar risk mitigation activities

Hedging and other similar risk mitigating activities directly related to the covered depository institution's activities.

(B)

Non-structured finance swap activities

Acting as a swaps entity for swaps or security-based swaps other than a structured finance swap.

(C)

Certain structured finance swap activities

Acting as a swaps entity for swaps or security-based swaps that are structured finance swaps, if—

(i)

such structured finance swaps are undertaken for hedging or risk management purposes; or

(ii)

each asset-backed security underlying such structured finance swaps is of a credit quality and of a type or category with respect to which the prudential regulators have jointly adopted rules authorizing swap or security-based swap activity by covered depository institutions.

(2)

Definitions

For purposes of this subsection:

(A)

Structured finance swap

The term structured finance swap means a swap or security-based swap based on an asset-backed security (or group or index primarily comprised of asset-backed securities).

(B)

Asset-backed security

The term asset-backed security has the meaning given such term under section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).

;

(4)

in subsection (e), by striking an insured and inserting a covered; and

(5)

in subsection (f)

(A)

by striking an insured depository and inserting a covered depository; and

(B)

by striking the insured depository each place such term appears and inserting the covered depository.

September 25, 2013

Reported from the Committee on Financial Services

September 25, 2013

Reported from the Committee on Agriculture; committed to the Committee of the Whole House on the State of the Union and ordered to be printed