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 Collection: Congressional Research Service Reports
"Living Wills": The Legal Regime for Constructing Resolution Plans for Certain Financial Institutions

"Living Wills": The Legal Regime for Constructing Resolution Plans for Certain Financial Institutions

Date: December 4, 2014
Creator: Carpenter, David H.
Description: One of the chief objectives of the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA) is to promote financial stability within the United States, without the need for emergency governmental assistance to troubled firms. To achieve this goal, the DFA establishes a heightened regulatory regime for certain, generally large "covered financial institutions." A pillar of this heightened regulatory regime is that each covered financial institution must submit "credible" plans to the Board of Governors of the Federal Reserve System (FRB) and the Federal Deposit Insurance Corporation (FDIC) detailing how the firm could be quickly resolved in an orderly fashion under the U.S. Bankruptcy Code or other applicable insolvency regime "in the event of a material financial distress or failure." These resolution plans are commonly referred to as "living wills." This report reviews the legal structure of the DFA's living will requirements, pursuant to both DFA Section 165(d) and the regulations and guidance issued jointly by the FRB and FDIC, and explains the August 2014 joint announcement of the FRB and FDIC regarding the inadequacies of the 2013 living wills filed by the 11 largest, most complex financial institutions in the country. This report also examines some of the steps ...
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The "Volcker": Proposals to Limit "Speculative" Proprietary Trading by Banks

The "Volcker": Proposals to Limit "Speculative" Proprietary Trading by Banks

Date: June 22, 2010
Creator: Carpenter, David H.
Description: This report briefly discusses the permissible proprietary trading activities of commercial banks and their subsidiaries under current law. It then analyzes the Volcker Rule proposals under both the House- and Senate-passed financial reform bills.
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Financial Turmoil: Federal Reserve Policy Responses

Financial Turmoil: Federal Reserve Policy Responses

Date: July 15, 2010
Creator: Labonte, Marc
Description: The Federal Reserve (Fed) has been central in the policy response to the financial turmoil that began in August 2007. It has sharply increased reserves to the banking system through open market operations and lowered the federal funds rate and discount rate on several occasions. This report reviews the Fed's actions since August 2007 and analyzes the policy issues raised by those actions.
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Financial Regulatory Reform: Systemic Risk and the Federal Reserve

Financial Regulatory Reform: Systemic Risk and the Federal Reserve

Date: May 26, 2010
Creator: Labonte, Marc
Description: This report defines the potential duties and responsibilities of a systemic risk regulator, relating those duties to events that potentially contributed to the recent crisis. It then identifies the powers that would need to be given to a regulator to perform those duties, and compares those powers and responsibilities to the Fed's existing powers and responsibilities. It discusses advantages and disadvantages of giving those responsibilities to the Fed or the executive branch. It also includes a brief overview of major elements of the Administration's proposal, H.R. 4173, which passed the House on December 11, 2009, and S. 3217, which passed the Senate on May 20, 2010,2 that involve the Fed.
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Financing the U.S. Trade Deficit

Financing the U.S. Trade Deficit

Date: June 22, 2010
Creator: Jackson, James K.
Description: This report provides an overview of the U.S. balance of payments, an explanation of the broader role of capital flows in the U.S. economy, an explanation of how the country finances its trade deficit or a trade surplus, and the implications for Congress and the country of the large inflows of capital from abroad.
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Legislative Options After Citizens United v. FEC: Constitutional and Legal Issues

Legislative Options After Citizens United v. FEC: Constitutional and Legal Issues

Date: July 27, 2010
Creator: Whitaker, L. Paige; Lunder, Erika K.; Manuel, Kate M.; Maskell, Jack & Seitzinger, Michael V.
Description: In Citizens United v. FEC, the Supreme Court invalidated two provisions of the Federal Election Campaign Act (FECA), finding that they were unconstitutional under the First Amendment. In response to the Supreme Court's ruling, various proposals have been discussed and legislation has been introduced in the 111th Congress. This report provides an analysis of the constitutional and legal issues raised by several proposals, organized by regulatory topic: increasing disclaimer requirements, increasing disclosure for tax-exempt organizations, requiring shareholder notification and approval, restricting U.S. subsidiaries of foreign corporations, restricting political expenditures by government contractors and grantees, taxing corporate independent expenditures, and providing public financing for congressional campaigns. The report also addresses amending the Constitution.
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Financial Regulatory Reform and the 111th Congress

Financial Regulatory Reform and the 111th Congress

Date: June 1, 2010
Creator: Webel, Baird; Carpenter, David H.; Labonte, Marc; Miller, Rena S.; Murphy, Edward V. & Shorter, Gary
Description: This report reviews issues related to financial regulation. It provides brief descriptions of the two main comprehensive reform bills in the 111th Congress that address these issues.
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Foreign Investment in U.S. Securities

Foreign Investment in U.S. Securities

Date: June 22, 2010
Creator: Jackson, James K.
Description: Foreign capital inflows are playing an important role in the U.S. economy by bridging the gap between domestic supplies of and demand for capital. This report analyzes the extent of foreign portfolio investment in the U.S. economy and assesses the economic conditions that are attracting such investment and the impact such investments are having on the economy.
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The Dodd-Frank Wall Street Reform and Consumer Protection Act: Title X, The Consumer Financial Protection Bureau

The Dodd-Frank Wall Street Reform and Consumer Protection Act: Title X, The Consumer Financial Protection Bureau

Date: July 21, 2010
Creator: Carpenter, David H.
Description: This report provides a legal overview of the regulatory structure of consumer finance under existing federal law, which is followed by an analysis of how the Consumer Financial Protection Act of 2010 will change this legal structure, with a focus on the Bureau's organization and funding; the entities and activities that fall (and do not fall) under the Bureau's supervisory, enforcement, and rulemaking authority; the Bureau's general and specific rulemaking powers and procedures; and an analysis of the act's preemption standards over state consumer protection laws as they apply to national banks and thrifts.
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The Dodd-Frank Wall Street Reform and Consumer Protection Act: Executive Compensation

The Dodd-Frank Wall Street Reform and Consumer Protection Act: Executive Compensation

Date: July 21, 2010
Creator: Seitzinger, Michael V.
Description: This report discusses the Dodd-Frank Wall Street Reform and Consumer Protection Act (H.R. 4173), which was implemented as part of financial regulatory reform initiatives undertaken by Congress in light of the recent global economic crisis. The legislation focuses on executive compensation.
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