Customer Protection And End User Relief Act (H.R. 4413; 113th Congress)
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The Customer Protection and End User Relief Act () was a bill that would have reauthorized the
Commodity Futures Trading Commission The Commodity Futures Trading Commission (CFTC) is an independent agency of the US government created in 1974 that regulates the U.S. derivatives markets, which includes futures, swaps, and certain kinds of options. The Commodity Exchange Ac ...
through 2018 and amended some provisions of the
Dodd–Frank Wall Street Reform and Consumer Protection Act The Dodd–Frank Wall Street Reform and Consumer Protection Act, commonly referred to as Dodd–Frank, is a United States federal law that was enacted on July 21, 2010. The law overhauled financial regulation in the aftermath of the Great Recessi ...
. The bill was introduced into the
United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...
during the
113th United States Congress The 113th United States Congress was a meeting of the legislative branch of the United States federal government, from January 3, 2013, to January 3, 2015, during the fifth and sixth years of Presidency of Barack Obama, Barack Obama's presiden ...
.


Provisions of the bill

One provision of the bill was the inclusion of the provisions of , the Swap Data Repository and Clearinghouse Indemnification Correction Act of 2013. This previous bill dealt with "issues surrounding the indemnification provisions and confidentiality requirements of Dodd-Frank." Another provision of the bill was the inclusion of the
Business Risk Mitigation and Price Stabilization Act of 2013 The Business Risk Mitigation and Price Stabilization Act of 2013 () is a bill that passed the United States House of Representatives during the 113th United States Congress. The bill would exempt nonfinancial entities that enter into a swap or ...
(), a bill that would exempt nonfinancial entities that enter into a
swap Swap or SWAP may refer to: Finance * Swap (finance), a derivative in which two parties agree to exchange one stream of cash flows against another * Barter Science and technology * Swap (computer programming), exchanging two variables in t ...
or a security-based swap transaction from meeting certain margin requirements when the transaction is designed to offset losses or gains in other investments. The bill also includes some of the provisions from , the Inter-Affiliate Swap Clarification Act.


Congressional Budget Office report

''This summary is based largely on the summary provided by the
Congressional Budget Office The Congressional Budget Office (CBO) is a federal agency within the legislative branch of the United States government that provides budget and economic information to Congress. Inspired by California's Legislative Analyst's Office that manages ...
, as ordered reported by the House Committee on Agriculture on April 9, 2014. This is a
public domain The public domain (PD) consists of all the creative work A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, ...
source.'' H.R. 4413 would
authorize Authorization or authorisation (see spelling differences) is the function of specifying access rights/privileges to resources, which is related to general information security and computer security, and to access control in particular. More fo ...
appropriations for the
Commodity Futures Trading Commission The Commodity Futures Trading Commission (CFTC) is an independent agency of the US government created in 1974 that regulates the U.S. derivatives markets, which includes futures, swaps, and certain kinds of options. The Commodity Exchange Ac ...
(CFTC) through 2018 and make changes in some of the agency’s operating procedures. The bill also would amend the
Commodity Exchange Act Commodity Exchange Act (ch. 545, , enacted June 15, 1936) is a federal act enacted in 1936 by the U.S. Government, with some of its provisions amending the Grain Futures Act of 1922. The Act provides federal regulation of all commodities and futu ...
to provide greater protections for customer funds held by entities that broker transactions in commodity futures and to relax requirements on certain participants in swap transactions in a number of different circumstances. (A swap is a contract that calls for an exchange of cash between two participants, based on an underlying rate or index or on the performance of an asset.) The
Congressional Budget Office The Congressional Budget Office (CBO) is a federal agency within the legislative branch of the United States government that provides budget and economic information to Congress. Inspired by California's Legislative Analyst's Office that manages ...
(CBO) estimates that implementing H.R. 4413 would cost $207 million in 2015 and $948 million over the 2015-2019 period, assuming appropriation of the necessary amounts. The CBO expects that enacting H.R. 4413 would affect direct spending and revenues; therefore,
pay-as-you-go Pay as you go or PAYG may refer to: Finance * Pay-as-you-go tax, or pay-as-you-earn tax * Pay-as-you-go pension plan * PAYGO, the practice in the US of financing expenditures with current funds rather than borrowing * PAUG, a structured financia ...
procedures apply. However, the CBO estimates that those effects would not be significant. H.R. 4413 contains no intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (UMRA''(pdf)https://www.govinfo.gov/content/pkg/USCODE-1995-title2/html/USCODE-1995-title2-chap25.htm (text)] restricts the federal government of the United States, federal imposition of unfunded mandates on ...
.


Procedural history

The Customer Protection and End User Relief Act was introduced into the
United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...
on April 7, 2014 by Frank Lucas (Oklahoma), Rep. Frank D. Lucas (R, OK-3). The bill was referred to the
United States House Committee on Agriculture The U.S. House Committee on Agriculture, or Agriculture Committee is a standing committee of the United States House of Representatives. The House Committee on Agriculture has general jurisdiction over federal agriculture policy and oversight of s ...
, which ordered it reported by a
voice vote In parliamentary procedure, a voice vote (from the Latin ''viva voce'', meaning "live voice") or acclamation is a voting method in deliberative assemblies (such as legislatures) in which a group vote is taken on a topic or motion by responding vo ...
on April 9, 2014. It was reported alongsid
House Report 113-469
on June 5, 2014. The House was scheduled to debate and vote on the bill on June 20, 2014.


Debate and discussion

The
Depository Trust & Clearing Corporation The Depository Trust & Clearing Corporation (DTCC) is an American Trade (financial instrument), post-trade financial services company providing clearing (financial), clearing and settlement (finance), settlement services to the financial markets ...
supported the bill, arguing the provisions from H.R. 742, included in this bill, would "help ensure that regulators and the public continue to have access to a consolidated and accurate view of the global marketplace, including concentrations of risk and market exposure." The
Business Roundtable The Business Roundtable (BRT) is a nonprofit lobbyist association based in Washington, D.C. whose members are chief executive officers of major United States companies. Unlike the U.S. Chamber of Commerce, whose members are entire businesses, BRT ...
, an industry trade organization, wrote a letter to members of the House strongly endorsing the bill. According to the Business Roundtable letter, a survey of chief financial officers and corporate treasurers "underscores the urgent need for the end-user provisions" in this bill because "eighty-six percent of respondents indicated the fully collateralizing over-the-counter (OTC) derivatives would adversely impact business investment, acquisitions, research and development, and job creation." The letter concluded that the Business Roundtable "supports efforts to increase transparency in the derivatives markets and enhance financial stability for the U.S. economy through thoughtful new regulation while avoiding needless costs." The group
Americans for Financial Reform Americans for Financial Reform (AFR) is a progressive nonprofit organization which advocates for financial reform in the United States, including stricter regulation of Wall Street. AFR is a coalition of approximately 200 consumer, labor and spe ...
opposed the bill, arguing that "the legislation would place significant new barriers in the way of effective oversight of commodities and derivatives markets crucial to our economy, barriers not faced by any other regulatory agency." Americans for Financial Reform charged that the bill would give financial industry interests more power over regulators and the ability to delay or prevent the CFTC from acting. The organization also charged that insufficient time was allowed for the public to review the legislation before the House Agriculture Committee voted on it.


See also

*
List of bills in the 113th United States Congress The bills of the 113th United States Congress list includes proposed federal laws that were introduced in the 113th United States Congress. This Congress lasted from January 3, 2013, to January 3, 2015. The United States Congress is the bicamer ...


References


External links


Library of Congress - Thomas H.R. 4413beta.congress.gov H.R. 4413GovTrack.us H.R. 4413OpenCongress.org H.R. 4413Congressional Budget Office's report on H.R. 4413House Agriculture Committee's summary of H.R. 4413House Agriculture Committee's info page on the legislative process of H.R. 4413House Report 113-469 on H.R. 4413
{{DEFAULTSORT:Customer Protection and End User Relief Act (H.R. 4413 113th Congress) Proposed legislation of the 113th United States Congress