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H.R. 992, Swaps Regulatory Improvement Act 1 (May 20, 2013)

handle is hein.congrec/cbo11142 and id is 1 raw text is: CONGRESSIONAL BUDGET OFFICE
COST ESTIMATE
May 20, 2013
H.R. 992
Swaps Regulatory Improvement Act
As ordered reported by the House Committee on Financial Services on May 7, 2013
H.R. 992 would allow certain financial firms to retain financial portfolios containing
swaps while remaining eligible for assistance from the Federal Reserve and Federal
Deposit Insurance Corporation (FDIC). A swap is a contract between two parties to
exchange payments based on the price of an underlying asset or change in interest,
exchange, or other reference rate. Swaps can be used to hedge or mitigate certain risks
associated with a firm's traditional activities, such as interest rate risk, or to speculate
based on expected changes in prices and rates.
Enacting this legislation could affect direct spending and revenues; therefore, pay-as-you-
go procedures apply. However, CBO estimates that any impact on the net cash flows of
the Federal Reserve or the FDIC over the next 10 years would not be significant.
Under current law, federal assistance is not available to any swaps dealer or major swaps
participant registered with the Securities and Exchange Commission or the Commodity
Futures Trading Commission. Federal assistance includes access to any Federal Reserve
credit facility and discount window (with some exceptions) and FDIC deposit insurance
and guarantees. This prohibition does not apply to a major swaps participant that is an
insured depository institution (IDI) or an IDI acting as a swaps dealer for hedging
purposes or for swaps involving bank-permissible securities. (Such swaps include those
that reference interest rates, currencies, government securities, and precious metals.
Examples of non-permissible swaps include equity swaps, commodity and agriculture
swaps, energy swaps, and metal swaps excluding gold and silver.) Under current law,
IDIs that do not meet these exceptions must push out their swaps portfolio to a
separately capitalized affiliate if the firm is part of a financial holding company, or cease
these activities altogether.

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