Customer Protection And End User Relief Act
Mr. Chairman, we have before us perhaps the most important piece of legislation to add fluidity to a very complex, complicated financial arena in which we are in; and that is in the area of derivatives, swaps dealing, and dealing on the…
Mr. Chairman, we have before us perhaps the most important piece of legislation to add fluidity to a very complex, complicated financial arena in which we are in; and that is in the area of derivatives, swaps dealing, and dealing on the international stage as the world's number one economy--very complex, very complicated.
History has shown that the United States is a leader in the world, particularly in economic affairs. We are here today to deal with reauthorization of the CFTC at a time when we have just come out of a very serious economic downturn.
Now, I agree with my distinguished ranking member. We have worked very closely on this, and quite honestly, there is nobody in Congress that has the knowledge of financial services as does our ranking member. The ranking member and I have worked diligently to try to bring a serious bit of compromise to this area. She raises a good point.
Let me take a couple of her concerns, so I can share with you how we have addressed those. The first one is the cross border. The claim that we are opening up and doing business with foreign governments and foreign jurisdictions that have no regulations there and we acquire risk--here is what we are doing, and I want to make sure we are clear.
I serve on the Agriculture Committee as the ranking member on the Derivatives Subcommittee, and I serve on the Financial Services Committee. The very cross border that we are talking about has been debated, has been argued, and has been passed by this House in the form of H.R. 1256.
Now, here is what needs to be understood: we have minimized totally any risk of importation of damage to our economy with the exemption of the top nine--not all the foreign governments and not the foreign jurisdictions--we are exempting the top nine largest swap dealers who deal in derivatives of foreign jurisdictions, and it will be the CFTC, in conjunction and jointly through joint rulemaking with the SEC.
As Chairman Peterson pointed out, they are at loggerheads now. The first order of business is to get them to agree on a rule, and 270 days after that, that rule would go into effect, and immediately, the top five of those foreign jurisdictions that have rules and regulations that are equitable to ours--
which, again, will be determined jointly by the SEC and the CFTC--will go into effect.
One year after that, the remaining four will go into effect, so what we have here is a check and balance right there. They will determine that criteria. We put something else in there, as well, to address Ms. Waters' very legitimate concern.
We said that: look, once the CFTC has done this jointly with the SEC, then what we will do is any one of those foreign jurisdictions who do not measure up to having the equal amount of robust regime on their regulations, they will disavow them, and within 30 days, they must send to the Congress of the United States--specifically to the House Financial Services Committee, the Senate Banking Committee, the House Agriculture Committee, and the Senate Agriculture Committee--the reason why. Stop right there. That back door is closed tight. There will be no seepage.
If these nine foreign countries that we work with--and, Mr. Chairman, you must realize that, historically, we are the leader, we have to show the way here, and we are not going to put in practice any way where there is any leakage that will come back to us that will be damaging to our system, it will be in the hands of where it needs to be, the regulators.
They will determine if their rules and regulations meet ours, and if they don't, they will let Congress know, and then they will not be allowed.
The other point, Mr. Chairman, is we have end users. This bill isn't just about banking. This bill is about farmers. This bill is about people who make things. We are the world's leading economy.
We don't do business just in the United States; we do them all around the world. If we don't put this in--this cross border in--we will be putting our business community on the international stage in a very disadvantaged competitive position. So I submit to my friend, Ms. Waters, that we have certainly dealt with that.
Now, the cost-benefit analysis--first of all, Ms. Waters should take credit for this because she really, on H.R. 1062, which was a mandate that we do, we changed that, thanks to you, and this is clearly an adjustment.
We had a bill, H.R. 1062. Ms. Waters was absolutely right because that bill mandated the benefit and the cost, and it was beneficial, in a way, to certain industries. I voted against that bill with Ms. Waters.
I took Ms. Waters' suggestion, and we went back, and we said that we can't mandate this. So what did we do with this bill? We simply said: let's consider how we can protect the market. Let's consider, let's assess how we can do that and not mandate it.
Again, as Mr. Peterson has pointed out, we modeled this directly after what President Obama's executive order mandated, that you take a risk management assessment before you make the decisions.
Mr. Chairman, I just wanted to clarify one point made by the gentlelady from New York, and I just pointed out to her, she was clear in her statement, and I am reading from the actual bill here where it says that:
Or other foreign jurisdiction as jointly determined by the
Commission, shall be exempt from the United States swaps
requirements in accordance with the schedule unless the
Commission jointly determines that the regulatory
requirements of the country or administrative region or other
foreign jurisdiction are not broadly equivalent to the United
States.
I just wanted to clear that up.
Mr. Chair, I thank Ms. DelBene.
Ms. DelBene, Mr. Gibson, and Mr. Vargas are all hardworking members, Democrats and Republicans, on the Ag Committee. I think this shows you how wonderful the legislative process can be. I certainly want to recognize our ranking member who brought this concern in her opening remarks.
This helps to tighten and, I think, make a better bill. What it will do is that it will address the concerns that Ms. Waters raised, and that would be that improved cost-benefits provision would lead to unnecessary litigation.
What Ms. DelBene, Mr. Vargas, and Mr. Gibson have done with their language is it definitely narrows the potential avenues for litigation on the CFTC's cost-benefit analysis, but still allows the consideration of the points of analysis to take place.
I want to commend Ms. DelBene, Mr. Gibson, and Mr. Vargas for a very good amendment.
This is a very interesting debate in listening to it, but I think the simple point here, Mr. Chairman, is that, number one, this just deals with the registration. Prior to 2012, the SEC handled all of the RICs.
Now, we have caught up in the middle of this millions and millions of pensioners, retirees, people who are getting into the golden years of their lives.
My hope is that we can pass this amendment. It only deals with registration. The ranking member has brought up some interesting points. That is why we do have the courts to settle those.
I think here, tonight, we need to think of what this simple amendment does is stop duplicative areas within registration and gives a better hand for our retirees today.