Saturday, December 20, 2014

Bailout is limited to Swaps

Congressman defends 'Citibank' provision in spending bill
By Jim Acosta, CNN Senior White House Correspondent
Updated  4:17 PM EST, Tue December 16, 2014
 
Washington (CNN) -- The mystery congressman responsible for the inclusion of language in the $1.1 trillion dollar spending bill that caused a progressive outcry is coming forward to defend the provision. The measure weakens banking regulations designed to prevent another financial crisis.
Critics of the language, such as Democratic Sen. Elizabeth Warren, claim the provision could invite another fiscal meltdown and was essentially written by the U.S. banking giant, Citigroup.
In a statement to CNN, Rep. Kevin Yoder, R-Kansas, insisted the provision included in the spending bill would not lead to a collapse on Wall Street, followed by a bailout from taxpayers.
"The amendment does not address the riskier derivatives associated with the mortgage crisis," Yoder said in the statement. "Other backstops exist in Dodd-Frank to prevent a bailout based on those instruments."
As the spending bill, dubbed the CRomnibus by Capitol Hill insiders, was debated in Congress last week, Warren blasted the banking provision as a "loophole" that would allow Wall Street to gamble with taxpayer money.
"This giveaway that was drafted by Citigroup lobbyists has no place in a critical government funding bill," Warren said in a speech on the Senate floor that once again stirred speculation the Massachusetts Democrat may run for the presidency.
A spokesman for Yoder acknowledged the wording of the amendment essentially came from a stand-alone bill that passed the House last year.
"We got the language from HR 992," a Yoder aide told CNN.
That legislation, HR 992, was partially written by lobbyists for Citigroup, according to emails obtained by The New York Times. The bill, which was never voted on in the Senate, sought to loosen Dodd-Frank Act regulations aimed at limiting banking and investment industry practices that led to the 2008 financial crisis.
Asked about the provision, White House Press Secretary Josh Earnest said President Barack Obama plans to sign the spending legislation to prevent a government shutdown. But Earnest said the President remains opposed to Yoder's language.
"The White House, regardless of who wrote the provision, strongly opposes it and doesn't think it's a good idea, because it does water down one element of Wall Street reform," Earnest told reporters Tuesday.
Earnest said the White House was "in the loop" in the drafting of the spending bill but could not account for every provision in the legislation.
"This is a bill that was written by Congress, and whether one element of that bill was plagiarized by a member of Congress from a Citibank lobbyist is something that you'd have to ask a member of Congress," Earnest said.
In his statement, Yoder touted his provision as needed protection for smaller financial institutions, rather than a boon to Wall Street.
"Without this fix, smaller regional banks would be in danger of not being able to meet the lending needs of their customers. Ultimately, farmers, manufacturers and other Main Street businesses would be harmed the most," Yoder added.
Yoder is perhaps best-known for skinny dipping in the Sea of Galilee during a trip with other congressional leaders to Israel in 2011. The Kansas Republican later apologized for the incident.
 
Source:http://www.cnn.com/2014/12/16/politics/kevin-yoder-citigroup-elizabeth-warren-wall-street/
 
Summary: H.R.992 — 113th Congress (2013-2014)
Passed House without amendment (10/30/2013)
(This measure has not been amended since it was introduced. The summary of that version is repeated here.)
Swaps Regulatory Improvement Act - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act with respect to the prohibition against certain federal assistance to swaps entities, namely the use of any advances from specified Federal Reserve credit facilities or discount windows, or Federal Deposit Insurance Corporation (FDIC) insurance or guarantees, for the purpose of: (1) making any loan to, or purchasing any stock, equity interest, or debt obligation of, any swaps entity; (2) purchasing the assets of any swaps entity; (3) guaranteeing any loan or debt issuance of any swaps entity; or (4) entering into any assistance arrangement (including tax breaks), loss sharing, or profit sharing with any swaps entity.
Extends to any major swap participant or major security-based swap participant that is an uninsured U.S. branch or agency of a foreign bank the exemption from the prohibition against federal assistance to swaps entities which is currently limited to any major swap participant or major security-based swap participant that is an FDIC-insured bank or savings association.
Designates both uninsured U.S. branches or agencies of a foreign bank and insured depository institutions as "covered depository institutions."
Requires any covered depository institution exempted from the prohibition to limit its swap and security-based swap activities to hedging and similar risk mitigating activities (as under current law), non-structured finance swap activities, or certain structured finance swap activities. (Defines "structured finance swap" as a swap or security-based swap based on an asset-backed security [or group or index primarily composed of asset-backed securities].)
Qualifies a structured finance swap activity for the exemption if: (1) it is undertaken for hedging or risk management purposes, or (2) each asset-backed security underlying the structured finance swap is of a credit quality and of a type or category with respect to which the prudential regulators have jointly adopted rules authorizing such a swap or security-based swap activity by covered depository institutions.
Repeals the exemption from the prohibition for any insured depository institution that limits its swap and security-based swap activities to acting as a swaps entity for: (1) swaps or security-based swaps involving rates or reference assets that are permissible for investment by a national bank; or (2) credit default swaps, including those referencing the credit risk of asset-backed securities unless they are cleared by a derivatives clearing organization or a clearing agency registered, or exempt from registration, under the Commodity Exchange Act or the Securities Exchange Act.

DEFINITION of 'Credit Default Swap - CDS'

A swap designed to transfer the credit exposure of fixed income products between parties. A credit default swap is also referred to as a credit derivative contract, where the purchaser of the swap makes payments up until the maturity date of a contract. Payments are made to the seller of the swap. In return, the seller agrees to pay off a third party debt if this party defaults on the loan. A CDS is considered insurance against non-payment. A buyer of a CDS might be speculating on the possibility that the third party will indeed default.

INVESTOPEDIA EXPLAINS 'Credit Default Swap - CDS'

The buyer of a credit default swap receives credit protection, whereas the seller of the swap guarantees the credit worthiness of the debt security. In doing so, the risk of default is transferred from the holder of the fixed income security to the seller of the swap. For example, the buyer of a credit default swap will be entitled to the par value of the contract by the seller of the swap, should the third party default on payments. By purchasing a swap, the buyer is transferring the risk that a debt security will default. - go deeper in your quest for knowledge on CDS and read Credit Default Swaps: An Introduction
From Wikipedia, the free encyclopedia
In finance, a derivative is a contract that derives its value from the performance of an underlying entity. This underlying entity can be an asset, index, or interest rate, and is often called the "underlying".[1][2] Derivatives can be used for a number of purposes - including insuring against price movements (hedging), increasing exposure to price movements for speculation or getting access to otherwise hard to trade assets or markets.[3]
Some of the more common derivatives include forwards, futures, options, swaps, and variations of these such as collateralized debt obligations, credit default swaps, and mortgage backed securities. Most derivatives are traded over-the-counter (off-exchange) or on an exchange such as the Chicago Mercantile Exchange, while most insurance contracts have developed into a separate industry. Derivatives are one of the three main categories of financial instruments, the other two being equities (i.e. stocks or shares) and debt (i.e. bonds and mortgages).
Comments
If you enjoyed reading the definitions as much as I did, you should be anxious to hear the debate on this unrelated amendment. I would like to see a simulation of a court argument over this. May it please the court, let the TV lawyer pundits enter the debate. Then we can move to who should decide how much money the Fed is allowed to print. We have bet on high TV ratings for this one.
Norb Leahy, Dunwoody GA Tea Party Leader

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