summary
Introduced
In Committee
Crossed Over
Passed
Dead
Introduced Session
112th Congress
Bill Summary
Business Risk Mitigation and Price Stabilization Act of 2011 - Amends the Commodity Exchange Act (CEA) and the Securities Exchange Act of 1934 to revise the element of the definition of a major swap participant which states that the participant's outstanding swaps create substantial counterparty exposure that could have serious adverse effects on the financial stability of the U.S. banking system or financial markets. Specifies "net" counterparty exposure, thus stating that the major swap participant's outstanding swaps create substantial net counterparty exposure that could have serious adverse effects on the financial stability of the U.S. banking system or financial markets. Declares capital and margin requirements governing swap dealers and major swap participants inapplicable to swaps in which one of the counterparties is not: (1) a swap dealer or major swap participant; (2) a specified kind of investment fund; (3) a commodity pool; or (4) the Federal National Mortgage Association (Fannie Mae) or any affiliate, the Federal Home Loan Mortgage Corporation (Freddie Mac) or any affiliate, or a Federal Home Loan Bank. Exempts from margin requirements under the CEA and the Securities Exchange Act of 1934 any swaps entered into before the date upon which specified final rules must be published under the Wall Street Transparency and Accountability Act of 2010, title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act.
AI Summary
This bill, the Business Risk Mitigation and Price Stabilization Act of 2011, amends existing laws, specifically the Commodity Exchange Act (CEA) and the Securities Exchange Act of 1934, to clarify what constitutes a "major swap participant" by specifying that it's the "net" counterparty exposure from outstanding swaps that could harm financial stability, rather than just any outstanding swaps. It also creates exemptions from capital and margin requirements for swap dealers and major swap participants, meaning these rules won't apply to swaps where one party is not a swap dealer, a major swap participant, certain investment funds, commodity pools, or specific government-sponsored enterprises like Fannie Mae and Freddie Mac. Additionally, the bill exempts swaps entered into before certain final rules are published under the Dodd-Frank Wall Street Reform and Consumer Protection Act from these margin requirements, providing a transition period for existing agreements.
Committee Categories
Agriculture and Natural Resources, Business and Industry
Sponsors (5)
Last Action
Referred to the Subcommittee on General Farm Commodities and Risk Management. (on 05/11/2011)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.congress.gov/bill/112th-congress/house-bill/1610/all-info |
| BillText | http://gpo.gov/fdsys/pkg/BILLS-112hr1610ih/pdf/BILLS-112hr1610ih.pdf |
| Bill | http://gpo.gov/fdsys/pkg/BILLS-112hr1610ih/pdf/BILLS-112hr1610ih.pdf.pdf |
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