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H.R. 1317, a Bill to Amend the Commodity Exchange Act and the Securities Exchange Act of 1934 to Specify How Clearing Requirements Apply to Certain Affiliate Transactions, and for Other Purposes 1 (October 19, 2015)

handle is hein.congrec/cbo2600 and id is 1 raw text is: 




                  CONGRESSIONAL BUDGET OFFICE
                             COST ESTIMATE

                                                                  October 19, 2015


                                  H.R.   1317
     A bill to amend   the Commodity Exchange Act and the Securities
     Exchange   Act  of 1934 to specify how   clearing requirements apply
          to certain  affiliate transactions, and  for other purposes

  As ordered reported by the House Committee on Agriculture on September 30, 2015


H.R. 1317 would exempt certain swap and securities-based swap transactions from various
requirements when those transactions are between parties that prepare their financial
statements in combination with a parent company or with an affiliate. (A swap is a contract
that calls for an exchange of cash between two participants, based on an underlying rate or
index or the performance of an asset.) The bill would broaden requirements that affiliate
transactions must meet in order to be eligible for exemptions, and expand the types of
entities that would not be eligible for such exemptions.

The Commodity  Futures Trading Commission  (CFTC) and the Securities and Exchange
Commission  (SEC)-the  agencies principally authorized to regulate swaps-have
finalized some but not all of the regulations related to swap transactions, that would be
affected by H.R. 1317. Based on information from the two agencies, CBO estimates that
incorporating the provisions of the bill at this point in the regulatory process would have a
net discretionary cost of about $1 million, assuming appropriation of the necessary
amounts, to amend the regulations that have already been finalized and to make
appropriate changes in rules that are not yet final.

The net discretionary cost of the bill would largely be attributable to the activities of the
CFTC.  CBO  estimates that any change in discretionary spending for the SEC to implement
the legislation would be insignificant. Further, under current law, the SEC is authorized to
collect fees sufficient to offset the cost of its annual appropriation each year. Therefore, we
estimate that the net cost to the SEC would be negligible, assuming appropriation actions
consistent with that authority.

Enacting H.R. 1317 also would affect direct spending and revenues; therefore,
pay-as-you-go procedures apply. CBO expects that enacting H.R. 1317 would affect the
workloads of the financial regulators (the Federal Reserve System, the Federal Deposit
Insurance Corporation, and the Office of the Comptroller of the Currency) because affiliate
regulations being developed by those agencies have not been finalized; however, we
expect those effects would be small and would have an insignificant effect on the budget.

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