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Derivatives Oversight and Taxpayer Protection Act
Legislative Progress
Momentum (last 30 days)
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0 actions · 0 new cosponsors · 0 votes
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vs 3,548 other S bills in the 114th — cohort avg 43d
Derivatives Oversight and Taxpayer Protection Act This bill amends the Commodity Exchange Act (CEA) to require the Commodity Futures Trading Commission (CFTC) to collect fees to recover the costs of its regulatory services and its annual appropriation from Congress. The bill increases penalties for CEA violations, removes the Department of the Treasury's authority to exempt foreign exchange swaps or forwards from CFTC regulation, and requires collection of margin on inter-affiliate swaps. Swaps requirements enacted by the Wall Street Transparency and Accountability Act of 2010 that ordinarily do not apply to activities outside the United States are made applicable to swaps transactions in which a financial entity domiciled or organized in the United States bears swaps-related risks. But the CFTC may allow a swaps transaction involving a subsidiary entity that is majority owned or controlled by a financial entity domiciled or organized in the United States to be conducted under a foreign jurisdiction's rules and oversight if the foreign rules are no less stringent than U.S. rules. The CFTC must: (1) make data concerning swap data repository registrations available to other financial regulatory agencies, and (2) revoke the license of swap dealers that the CFTC and the Securities and Exchange Commission have found are not providing accurate data in standardized formats that allow aggregated analysis by regulators. The bill repeals a safe harbor provision under federal bankruptcy law that protects a contractual right to liquidate the amount due on a swap agreement because of a debtor's bankruptcy case. The removal of this safe harbor subjects swap agreements to the regular bankruptcy procedures that automatically stay claims against a debtor. The bill amends the Financial Stability Act of 2010 to require Federal Reserve Board (FRB) risk-based capital requirements and leverage limits for nonbank financial companies supervised by the FRB and bank holding companies with total consolidated assets of $50 billion or more to include the fair value and potential future exposure of derivatives exposures, without recognizing the benefits of netting arrangements. Exceptions are provided for certain formal netting agreements with counterparties or with clearing organizations that meet financial standards approved by the FRB and the Federal Deposit Insurance Corporation (FDIC). The CFTC, the Comptroller of the Currency, the FDIC, and the FRB must report on the ability of clearinghouses to endure systemic stress events.
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Filing registrants (3)
2016 · fourth_quarter · Taxation/Internal Revenue Code
H.R. 915 (Voices for Veterans Act); H.R. 1295 (Trade Preferences Extension Act of 2015); H.R. 2229 (Municipal Bond Market Support Act of 2015); H.R. 4377 (American Business Competitiveness Act of 2015); H.R. 5592 (Derivatives Oversight and Taxpayer Protection Act); S. 161 (Paying a Fair Share Act of 2015); S. 922 (Corporate Tax Dodging Prevention Act); S. 2252 (Fair Playing Field Act of 2015); S. 3118 (Derivatives Oversight and Taxpayer Protection Act); Dodd-Frank Wall Street Reform and Consumer Protection Act Implementation; U.S. and foreign Financial Transaction Tax Legislation Proposals; Tax issues related to standardization of credit default swaps and derivatives transactions; Financial Fee (Bank tax); Tax treatment of capital gains and dividends; Tax classification of independent contractors; Taxation of cross-border equity swaps; Corporate tax reporting rules; Tax reporting requirements for foreign financial institutions on certain foreign accounts; Foreign Account Tax Compliance Act of 2010 (FATCA); Securities cost basis reporting regulations; International tax reform; United States individual and business taxation; Preservation of tax incentives for retirement plans; Issues related to proposals to impose an asset tax on financial institutions; Issues related to proposals to limit the deductability or risk fee of FDIC assessments; Income tax withholding with respect to I.R.C. 305(c) deemed dividends; Tax Reform Legislation; Financial Transaction Tax (FTT); Issues related to taxation of negative interest payments; Issues related to the taxation of Total Loss Absorbency Capacity (TLAC) securities; Issues related to taxation of securities transactions, including market to market for derivatives; Achieving a Better Life Experience (ABLE) Act implementation; IRS regulations on dividend equivalents under Section 871(m); U.S. Treasury participation in Organisation for Economic Co-operation and Development discussions regarding deductibility of interest for financial firms; Treasury regulations under Internal Revenue Code Section 385; Modernization of Derivatives Tax Act (MODA); Chapters 3 and 4 of Subtitle A of the Internal Revenue Code (responsibilities of financial institutions); A Better Way Forward on Tax Reform blueprint; Simplifying American Tax System (SAT); Tax exemptions for municipal bonds.
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
Introduced in Senate
Bills with similar content found using semantic analysis.
Sources: Congress.gov
Client expense: $2,560,000 · Firm income: Not reported
Government targets: Commerce, Dept of (DOC), Commodity Futures Trading Commission (CFTC), Executive Office of the President (EOP), Federal Deposit Insurance Corporation (FDIC), Federal Housing Finance Agency (FHFA), Federal Reserve System, Ginnie Mae, HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), Housing & Urban Development, Dept of (HUD), Internal Revenue Service (IRS), Labor, Dept of (DOL), Natl Credit Union Administration (NCUA), Natl Economic Council (NEC), Natl Security Council (NSC), Office of the Comptroller of the Currency (OCC), SENATE, Securities & Exchange Commission (SEC), State, Dept of (DOS), Treasury, Dept of, U.S. Trade Representative (USTR)
2016 · fourth_quarter · Commodities (big ticket)
H.R. 37 (Promoting Job Creation and Reducing Small Business Burdens Act); H.R. 1163 (Futures Investor Protection Act); H.R. 2289 (Commodity End-User Relief Act); H.R. 5592 (Derivatives Oversight and Taxpayer Protection Act); H.R. 5983 (Financial CHOICE Act of 2016); S. 174 (Stop Tax Haven Abuse Act); S. 2917 (Commodity End-User Relief Act); S. 3118 (Derivatives Oversight and Taxpayer Protection Act); Dodd-Frank Wall Street Reform and Consumer Protection Act Implementation (Regulatory rulemaking regarding swap dealer capital requirements and margin segregation); Regulation of over-the-counter (OTC) derivatives (standardization of derivatives - all aspects including exchange trading, clearing, and reporting requirements); Commodity Exchange Act (CEA) Reauthorization; Core Principles and Other Requirements for Swap Execution Facilities (SEF Final Rule); CFTC Cross-border Guidance and Exemptive Order (13-69); Make available to trade determination for Swap Execution Facilities (SEFs); Position limits; Concept Release on Risk Controls and System Safeguards for Automated Trading Environments; Block trades; Transaction-Level Requirements in Certain Cross-Border Situations (CFTC letters Nos. 13-17 and 14-01); CFTC Regulation 1.35; Block trades on swap execution facilities (SEFs); Liquidity coverage ratio (LCR) as it relates to commodities; Commodities (general); CFTC no action relief for packaged trades; Security based swaps rules under Title VII; Dodd-Frank Title VII; Derivatives regulation (general); Federal Reserve commodities advance notice of proposed rulemaking (ANPR); CFTC Letter 14-140 on transaction-level requirements in certain cross-border situations; Inter-affiliate swap transaction; Margin requirements for uncleared swaps; Swap Execution Facilities (SEFs) and clearing for swaps; Global FX Code of Conduct; Decision to delay implementation for margin for non-centrally cleared swaps; Federal Reserve proposed rule on merchant banking and commodities; Office of the Comptroller of the Currency (OCC) proposed rule on commodities; CFTC proposed cross border rule; CFTC capital requirements for swap dealers and major swap participants.
Client expense: $2,560,000 · Firm income: Not reported
Government targets: Commerce, Dept of (DOC), Commodity Futures Trading Commission (CFTC), Executive Office of the President (EOP), Federal Deposit Insurance Corporation (FDIC), Federal Housing Finance Agency (FHFA), Federal Reserve System, Ginnie Mae, HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), Housing & Urban Development, Dept of (HUD), Internal Revenue Service (IRS), Labor, Dept of (DOL), Natl Credit Union Administration (NCUA), Natl Economic Council (NEC), Natl Security Council (NSC), Office of the Comptroller of the Currency (OCC), SENATE, Securities & Exchange Commission (SEC), State, Dept of (DOS), Treasury, Dept of, U.S. Trade Representative (USTR)
2016 · fourth_quarter · Agriculture
Implementation of the Agricultural Act of 2014; provisions impacting agriculture and farmer cooperatives. Dodd-Frank Wall Street Reform and Consumer Protections Act; implementation and provisions related to Title 7. H.R. 2289 and S.3118, Re-authorization of the CFTC; issues impacting co-ops and their farmer-owners. Agricultural Biotechnology; issues impacting co-ops and their farmer-owners. FY2017 Agricultural, Rural Development, Food and Drug Administration, and Related Agencies Appropriation; provisions relating to agriculture and farmer cooperatives. Federal Crop Insurance Program; issues impacting agriculture and farmer cooperatives. S. 764 A bill to reauthorize and amend the National Sea Grant College Program Act; as amended to include Bioengineered Food Disclosure Standard.
Client expense: $253,743 · Firm income: Not reported
Government targets: Agriculture, Dept of (USDA), Army, Dept of (Corps of Engineers), Commodity Futures Trading Commission (CFTC), Environmental Protection Agency (EPA), Food & Drug Administration (FDA), HOUSE OF REPRESENTATIVES, Labor, Dept of (DOL), SENATE, Transportation, Dept of (DOT), U.S. Trade Representative (USTR)
2016 · third_quarter · Commodities (big ticket)
H.R. 37 (Promoting Job Creation and Reducing Small Business Burdens Act); H.R. 1163 (Futures Investor Protection Act); H.R. 2289 (Commodity End-User Relief Act); H.R. 5592 (Derivatives Oversight and Taxpayer Protection Act); H.R. 5983 (Financial CHOICE Act of 2016); S. 174 (Stop Tax Haven Abuse Act); S. 2917 (Commodity End-User Relief Act); S. 3118 (Derivatives Oversight and Taxpayer Protection Act); Dodd-Frank Wall Street Reform and Consumer Protection Act Implementation (Regulatory rulemaking regarding swap dealer capital requirements and margin segregation); Regulation of over-the-counter (OTC) derivatives (standardization of derivatives - all aspects including exchange trading, clearing, and reporting requirements); Commodity Exchange Act (CEA) Reauthorization; Core Principles and Other Requirements for Swap Execution Facilities (SEF Final Rule); CFTC Cross-border Guidance and Exemptive Order (13-69); Make available to trade determination for Swap Execution Facilities (SEFs); Position limits; Concept Release on Risk Controls and System Safeguards for Automated Trading Environments; Block trades; Transaction-Level Requirements in Certain Cross-Border Situations (CFTC letters Nos. 13-17 and 14-01); CFTC Regulation 1.35; Block trades on swap execution facilities (SEFs); Liquidity coverage ratio (LCR) as it relates to commodities; Commodities (general); CFTC no action relief for packaged trades; Security based swaps rules under Title VII; Dodd-Frank Title VII; Derivatives regulation (general); Federal Reserve commodities advance notice of proposed rulemaking (ANPR); CFTC Letter 14-140 on transaction-level requirements in certain cross-border situations; Inter-affiliate swap transaction; Margin requirements for uncleared swaps; Swap Execution Facilities (SEFs) and clearing for swaps; Global FX Code of Conduct; Decision to delay implementation for margin for non-centrally cleared swaps; Federal Reserve proposed rule on merchant banking and commodities; Office of the Comptroller of the Currency (OCC) proposed rule on commodities.
Client expense: $1,620,000 · Firm income: Not reported
Government targets: Commerce, Dept of (DOC), Commodity Futures Trading Commission (CFTC), Executive Office of the President (EOP), Federal Deposit Insurance Corporation (FDIC), Federal Housing Finance Agency (FHFA), Federal Reserve System, Ginnie Mae, HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), Housing & Urban Development, Dept of (HUD), Internal Revenue Service (IRS), Labor, Dept of (DOL), Natl Credit Union Administration (NCUA), Natl Economic Council (NEC), Natl Security Council (NSC), Office of the Comptroller of the Currency (OCC), SENATE, Securities & Exchange Commission (SEC), State, Dept of (DOS), Treasury, Dept of, U.S. Trade Representative (USTR)
2016 · third_quarter · Taxation/Internal Revenue Code
H.R. 915 (Voices for Veterans Act); H.R. 1295 (Trade Preferences Extension Act of 2015); H.R. 2229 (Municipal Bond Market Support Act of 2015); H.R. 4377 (American Business Competitiveness Act of 2015); H.R. 5592 (Derivatives Oversight and Taxpayer Protection Act); S. 161 (Paying a Fair Share Act of 2015); S. 922 (Corporate Tax Dodging Prevention Act); S. 1186 (Move America Act of 2015); S. 2252 (Fair Playing Field Act of 2015); S. 3118 (Derivatives Oversight and Taxpayer Protection Act); Dodd-Frank Wall Street Reform and Consumer Protection Act Implementation; U.S. and foreign Financial Transaction Tax Legislation Proposals; Tax issues related to standardization of credit default swaps and derivatives transactions; Financial Fee (Bank tax); Tax treatment of capital gains and dividends; Tax classification of independent contractors; Taxation of cross-border equity swaps; Corporate tax reporting rules; Tax reporting requirements for foreign financial institutions on certain foreign accounts; Foreign Account Tax Compliance Act of 2010 (FATCA); Securities cost basis reporting regulations; International tax reform; United States individual and business taxation; Preservation of tax incentives for retirement plans; Issues related to proposals to impose an asset tax on financial institutions; Issues related to proposals to limit the deductability or risk fee of FDIC assessments; Income tax withholding with respect to I.R.C. 305(c) deemed dividends; Tax Reform Legislation; Financial Transaction Tax (FTT). Issues related to taxation of negative interest payments; Issues related to the taxation of Total Loss Absorbency Capacity (TLAC) securities; Issues related to taxation of securities transactions, including market to market for derivatives; Draft legislation to prevent identity theft and tax refund fraud (Form 1099 accelerated filing dates); Achieving a Better Life Experience (ABLE) Act implementation; IRS regulations on dividend equivalents under Section 871(m); U.S. Treasury participation in Organisation for Economic Co-operation and Development discussions regarding deductibility of interest for financial firms; Tax treatment of municipal bond interest; Treasury regulations under Internal Revenue Code Section 385; Modernization of Derivatives Tax Act (MODA); Chapters 3 and 4 of Subtitle A of the Internal Revenue Code (responsibilities of financial institutions); A Better Way Forward on Tax Reform blueprint; Simplifying American Tax System (SAT).
Client expense: $1,620,000 · Firm income: Not reported
Government targets: Commerce, Dept of (DOC), Commodity Futures Trading Commission (CFTC), Executive Office of the President (EOP), Federal Deposit Insurance Corporation (FDIC), Federal Housing Finance Agency (FHFA), Federal Reserve System, Ginnie Mae, HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), Housing & Urban Development, Dept of (HUD), Internal Revenue Service (IRS), Labor, Dept of (DOL), Natl Credit Union Administration (NCUA), Natl Economic Council (NEC), Natl Security Council (NSC), Office of the Comptroller of the Currency (OCC), SENATE, Securities & Exchange Commission (SEC), State, Dept of (DOS), Treasury, Dept of, U.S. Trade Representative (USTR)
2016 · third_quarter · Financial Institutions/Investments/Securities
S. 881; H.R. 2289; S. 1484; H.Res. 288; H.R. 1659; H.R. 2947, S. 1840, S. 1841; H.R. 2209; H.R. 22; H.R. 2029; H.R. 4096; H.R. 4166; H.R. 4638; H.R. 2440; HR 5485; S. 1910; S. 337; S.3118; H.R.5592; H.R. 5983; S. 3404 - Discussed implementation of the Basel capital accord and issues related to capital, liquidity, and leverage. Discussed margin issues; the Commodity End-User Relief Act; CFTC reauthorization; SEC and equity market structure reform; and issues related to central clearing parties. Discussed the Financial Regulatory Improvement Act of 2015 and other proposals related to bank structure, capital requirements, capital formation, market structure, and market liquidity. Discussed issues related to financial institution bankruptcy reform, including issues related to resolution and recovery under the Bankruptcy Code. Discussed access to capital for emerging growth companies. Discussed issues related to the liquidity coverage ratio. Discussed budget and revenue measures involving the financial services sector. Discussed the Financial CHOICE act. Discussed the Financial Services and General Government Appropriations bill. Discussed treatment of supervisory information.
Client expense: $650,000 · Firm income: Not reported
2016 · third_quarter · Agriculture
Implementation of the Agricultural Act of 2014; provisions impacting agriculture and farmer cooperatives. H.R. 1599, Safe and Accurate Food Labeling Act of 2015; provisions impacting agriculture and farmer cooperatives. Dodd-Frank Wall Street Reform and Consumer Protections Act; implementation and provisions related to Title 7. H.R. 2289 and S.3118, Re-authorization of the CFTC; issues impacting co-ops and their farmer-owners. Agricultural Biotechnology; issues impacting co-ops and their farmer-owners. FY2017 Agricultural, Rural Development, Food and Drug Administration, and Related Agencies Appropriation; provisions relating to agriculture and farmer cooperatives. Federal Crop Insurance Program; issues impacting agriculture and farmer cooperatives. S. 2609 Biotechnology Labeling Solutions Act; provisions relating to agriculture and farmer cooperatives. S. 764 A bill to reauthorize and amend the National Sea Grant College Program Act; as amended to include Biotech Labeling Solutions Act.
Client expense: $308,000 · Firm income: Not reported
2016 · second_quarter · Financial Institutions/Investments/Securities
S. 881; H.R. 2289; S. 1484; H.Res. 288; H.R. 1659; H.R. 2947, S. 1840, S. 1841; H.R. 2209; H.R. 22; H.R. 2029; H.R. 4096; H.R. 4166; H.R. 4638; H.R. 2440; HR 5485; S. 1910; S. 337; S.3118; H.R.5592 - Discussed implementation of the Basel capital accord and issues related to capital, liquidity, and leverage. Discussed margin issues; the Commodity End-User Relief Act; CFTC reauthorization; SEC and equity market structure reform; and issues related to central clearing parties. Discussed the Financial Regulatory Improvement Act of 2015 and other proposals related to bank structure, capital requirements, capital formation, market structure, and market liquidity. Discussed issues related to financial institution bankruptcy reform, including issues related to resolution and recovery under the Bankruptcy Code. Discussed access to capital for emerging growth companies. Discussed issues related to the liquidity coverage ratio. Discussed budget and revenue measures involving the financial services sector. Discussed the Financial CHOICE act. Discussed the Financial Services and General Government Appropriations bill. Discussed treatment of supervisory information.
Client expense: $780,000 · Firm income: Not reported
Government targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, SENATE, Treasury, Dept of, U.S. Trade Representative (USTR)
Government targets: Agriculture, Dept of (USDA), Army, Dept of (Corps of Engineers), Commodity Futures Trading Commission (CFTC), Environmental Protection Agency (EPA), Food & Drug Administration (FDA), HOUSE OF REPRESENTATIVES, Labor, Dept of (DOL), SENATE, Transportation, Dept of (DOT), U.S. Trade Representative (USTR)
Government targets: Commerce, Dept of (DOC), Commodity Futures Trading Commission (CFTC), Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, SENATE, Treasury, Dept of, U.S. Trade Representative (USTR)