S.Amdt. 3878Senate111th Congress (2009-2011)2nd degree
S.Amdt. 3878
Sponsored by
Sen. Robert P. Casey Jr. (D-PA)
Submitted May 6, 2010
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Senate amendment submitted
May 6, 2010
Text
Submitted
SA 3878. Mr. CASEY (for himself, Mr. Brown of Ohio, and Mr. Harkin) submitted an amendment intended to be proposed to amendment SA 3739 proposed by Mr. Reid (for Mr. Dodd (for himself and Mrs. Lincoln)) to the bill S. 3217, to promote the financial stability of the United States by improving accountability and transparency in the financial system, to end ``too big to fail,'' to protect the American taxpayer by ending bailouts, to protect consumers from abusive financial services practices, and for other purposes; which was ordered to lie on the table; as follows: On page 1044, between lines 2 and 3, insert the following: SEC. 9__. STUDY ON TRANSACTION FEE. (a) In General.--The Securities and Exchange Commission and the Commodity Futures Trading Commission, in coordination with the Department of the Treasury, shall conduct a study on the implementation of a transaction fee on all security-based transactions, including swap and security-based swap transactions (except those transactions that are primarily for the purpose of hedging or mitigating risk), stock, debt instruments, and any other security that the heads of the Federal agencies described in this subsection determine to be appropriate to be included in the study. (b) Purpose.--The purpose of the study shall be to assess-- (1) past experiences with transaction fees, with an emphasis on fee avoidance or behavior modification, migration of capital, and impact on individual investors and small and medium-sized businesses; (2) the advantages and disadvantages of the implementation of the transaction fee in the United States alone, as compared to the introduction of the fee on a global basis; (3) the potential to generate sufficient revenue to reduce the deficit, fund job creation, and meet the humanitarian and global development obligations of the United States; (4) how a transaction fee needs to be designed in order to mitigate any negative side effects that may result from the indirect assessment on the raising of capital; (5) the impact, if any, a transaction fee would have on the practice of day trading; (6) to what extent a financial transaction fee would contribute to the stabilization of the financial markets in terms of the effect of the fee on speculation and on transparency; (7) whether a transaction fee would prevent a future financial crisis by targeting certain types of risky transactions (which transactions shall be determined by the agencies conducting the study); (8) the different transaction fee options, with a particular focus on-- (A) the financial transactions tax and financial activities tax, as described in the report entitled ``International Monetary Fund Report: A Fair and Substantial Contribution by the Financial Sector''; and (B) implementing the transaction fee on individuals earning more than $250,000 and corporations; (9) whether the transaction fee would assist in building healthy capital, ensuring the ability of the banking system to finance real economy investments; and (10) whether excessive risk-taking is or would be prevented through implementation of a transaction fee. (c) Public Participation.--The study described in subsection (a) shall be carried out in a manner to provide to the public an adequate period of time to provide comments on the implementation of a transaction fee. (d) Report.--Not later than 90 days after the date of enactment of this Act, the Securities and Exchange Commission and the Commodity Futures Trading Commission, in coordination with the Department of the Treasury, shall submit to Congress a report that describes the results of the study. ______