Back to search
HR 5585 - 109

Financial Netting Improvements Act of 2006

Became Public Law No: 109-390.

Bill Text Stats

Bill text analysis is not available for this record yet.

Affected Sectors

How to read this

Sectors are deterministic matches from official Congress.gov data and cached bill text. They are source-derived signals, not conclusions about intent or economic effect.

Evidence matches count official fields, normalized subjects, cached text snippets, or extracted entities that matched the sector rules.

Impact is a bill-level rollup used for sorting and filtering. It is not an economic impact estimate.

Confidence is the strongest individual match score behind that sector.

Evidence snippets show why a sector matched and can repeat when Congress.gov repeats the same phrase across official fields.

Finance and banking
2 evidence matches
Impact 99% Confidence 90%

Finance and Financial Sector

Financial Netting Improvements Act of 2006 Became Public Law No: 109-390. Finance and Financial Sector

CBO Cost Estimates

Official Congressional Budget Office cost estimate links associated with this bill through Congress.gov records.

How to read this

CBO estimates are official source documents with their own assumptions, scope, and publication dates. They can score a bill, a version of a bill, or a broader legislative package.

LawLinter stores the source link from Congress.gov and does not replace the CBO document. Use these cards as pointers for source review, not as independent fiscal advice.

CBO context shows source-attributed Congressional Budget Office cost estimates linked from official Congress.gov bill records. It is research context only; read the official CBO source document for assumptions, scope, and dates.

Campaign Finance Context

Related FEC/OpenFEC campaign-finance records for lawmakers and candidates tied to this bill through source-attributed legislative relationships. These are not donations to the bill itself.

How to read this

Amounts shown here are campaign-finance totals for sponsor or cosponsor-linked candidates and their committees in the displayed FEC cycle.

They are not donations to this bill, spending on this bill, or proof that money influenced or caused sponsorship, cosponsorship, votes, or legislative outcomes.

If multiple linked lawmakers have FEC records, this section can show multiple candidate cards and separate sponsor/cosponsor rollups.

Campaign-finance context uses source-attributed FEC/OpenFEC records that are related or relevant to the displayed bill, lawmaker, candidate, committee, or legislative relationship through deterministic links. It is research context only, not proof of influence, causation, endorsement, or that money caused a sponsorship, vote, or legislative outcome.

No FEC/OpenFEC campaign-finance context is currently linked for this bill.

Lobbying Context

Related LDA.gov filings where public lobbying activity descriptions reference this bill. These records are source-attributed research context, not evidence of influence or causation.

How to read this

LDA filings are public lobbying disclosure records. LawLinter links them here only when the filing activity text contains an exact-looking reference to this bill.

A filing can mention many issues, clients, agencies, or bills. A match should be treated as a pointer for review, not as a conclusion about why legislation changed or how any lawmaker acted.

Lobbying context uses source-attributed LDA.gov records that appear related to this bill through bill references in public lobbying activity descriptions. It is research context only, not proof of influence, causation, endorsement, lobbying effectiveness, or legislative intent.

No LDA.gov lobbying disclosure context is currently linked for this bill.

Summary

49 Public Law Dec 19, 2006

(This measure has not been amended since it was passed by the Senate on September 30, 2006. The summary of that version is repeated here.) Financial Netting Improvements Act of 2006 - (Sec. 2) Amends the Federal Deposit Insurance Act (FDIA) and the Federal Credit Union Act to revise treatment of certain agreements entered into before appointment of depository institution conservators or receivers, including securities contracts, forward contracts, and swap agreements. (Sec. 3) Defines "person" to include any governmental entity. (Sec. 4) Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 (FDICIA) to revise certain requirements pertinent to bilateral netting to declare that the covered contractual payment obligations and the covered contractual payment entitlements between any two financial institutions shall be terminated, liquidated, accelerated, and netted in accordance with, and subject to the conditions of, the terms of any applicable netting contract. Declares, with respect to clearing organization netting, that the covered contractual payment obligations and the covered contractual payment entitlements of a member of a clearing organization to and from all other organization members shall be terminated, liquidated, accelerated, and netted in accordance with and subject to the conditions of any applicable netting contract. (Sec. 5) Makes conforming amendments to the FDICIA, federal bankruptcy law, and the Securities Investor Protection Act of 1970. Amends the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 to state that the meanings of terms used in the Act are applicable for its purposes only, and shall not be construed or applied so as to challenge or affect the characterization, definition, or treatment of any similar terms under any other statute, regulation, or rule, including the Gramm-Leach-Bliley Act, the Legal Certainty for Bank Products Act of 2000, the securities laws, and the Commodity Exchange Act. (Sec. 6) Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to repeal the non-enforceability of a walkaway clause (thus making it enforceable) in a qualified financial contract of an insured depository institution in default. States that any payment or delivery obligation otherwise due from a party pursuant to a qualified financial contract is suspended from the time a receiver is appointed until the earlier of: (1) the time a party receives notice that the contract has been transferred; or (2) 5 p.m. (eastern time) on the business day after the receiver's appointment.

35 Passed Senate amended Nov 14, 2006

Financial Netting Improvements Act of 2006 - (Sec. 2) Amends the Federal Deposit Insurance Act (FDIA) and the Federal Credit Union Act to revise treatment of certain agreements entered into before appointment of depository institution conservators or receivers, including securities contracts, forward contracts, and swap agreements. (Sec. 3) Defines "person" to include any governmental entity. (Sec. 4) Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 (FDICIA) to revise certain requirements pertinent to bilateral netting to declare that the covered contractual payment obligations and the covered contractual payment entitlements between any two financial institutions shall be terminated, liquidated, accelerated, and netted in accordance with, and subject to the conditions of, the terms of any applicable netting contract. Declares, with respect to clearing organization netting, that the covered contractual payment obligations and the covered contractual payment entitlements of a member of a clearing organization to and from all other organization members shall be terminated, liquidated, accelerated, and netted in accordance with and subject to the conditions of any applicable netting contract. (Sec. 5) Makes conforming amendments to the FDICIA, federal bankruptcy law, and the Securities Investor Protection Act of 1970. Amends the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 to state that the meanings of terms used in the Act are applicable for its purposes only, and shall not be construed or applied so as to challenge or affect the characterization, definition, or treatment of any similar terms under any other statute, regulation, or rule, including the Gramm-Leach-Bliley Act, the Legal Certainty for Bank Products Act of 2000, the securities laws, and the Commodity Exchange Act. (Sec. 6) Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to repeal the non-enforceability of a walkaway clause (thus making it enforceable) in a qualified financial contract of an insured depository institution in default. States that any payment or delivery obligation otherwise due from a party pursuant to a qualified financial contract is suspended from the time a receiver is appointed until the earlier of: (1) the time a party receives notice that the contract has been transferred; or (2) 5 p.m. (eastern time) on the business day after the receiver's appointment.

36 Passed House amended Nov 14, 2006

Financial Netting Improvements Act of 2006 - (Sec. 2) Amends the Federal Deposit Insurance Act (FDIA) and the Federal Credit Union Act to revise treatment of certain agreements entered into before appointment of depository institution conservators or receivers, including securities contracts, forward contracts, and swap agreements. (Sec. 3) Defines "person" to include any governmental entity. (Sec. 4) Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 (FDICIA) to revise certain requirements pertinent to bilateral netting to declare that the covered contractual payment obligations and the covered contractual payment entitlements between any two financial institutions shall be terminated, liquidated, accelerated, and netted in accordance with, and subject to the conditions of, the terms of any applicable netting contract. Declares, with respect to clearing organization netting, that the covered contractual payment obligations and the covered contractual payment entitlements of a member of a clearing organization to and from all other organization members shall be terminated, liquidated, accelerated, and netted in accordance with and subject to the conditions of any applicable netting contract. (Sec. 5) Makes conforming amendments to the FDICIA, federal bankruptcy law, and the Securities Investor Protection Act of 1970. Amends the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 to state that the meanings of terms used in the Act are applicable for its purposes only, and shall not be construed or applied so as to challenge or affect the characterization, definition, or treatment of any similar terms under any other statute, regulation, or rule, including the Gramm-Leach-Bliley Act, the Legal Certainty for Bank Products Act of 2000, the securities laws, and the Commodity Exchange Act. (Sec. 6) Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to repeal the non-enforceability of a walkaway clause (thus making it enforceable) in a qualified financial contract of an insured depository institution in default. States that any payment or delivery obligation otherwise due from a party pursuant to a qualified financial contract is suspended from the time a receiver is appointed until the earlier of: (1) the time a party receives notice that the contract has been transferred; or (2) 5 p.m. (eastern time) on the business day after the receiver's appointment. (Sec. 7) Amends federal bankruptcy law and the judicial code to increase chapter 7 (Liquidation) trustee compensation and filing fees. Raises trustee compensation, paid from the filing fee in a case, from $45 to $100, adjusted by the amount (if any) of such filing fee waived for a low-income individual. Increases the filing fee in a chapter 7 case from $245 to $300. Requires the district court or the bankruptcy court to waive $40 of the filing fee in a chapter 7 case for an individual with an income between 150% and 175% of the income official poverty line applicable to a family of the size involved. Revises the formula for determining the deposit amount of offsetting collections to the U.S. Trustee System Fund appropriation from 40.46% of collected chapter 7 filing fees to 29.87% of such fees plus the total amount of waived $40 portions of the filing fee for low-income individuals. Revises the formula for determining the deposit amount of offsetting collections to the Fund appropriation with respect to certain fees under the bankruptcy miscellaneous fee schedule. Changes the portion of the formula pertinent to collected chapter 7 filing fees from 28.87% of such fees to 21.17% of them plus the total amount of waived $40 portions of the filing fee for low-income individuals.

00 Introduced in House Jul 5, 2006

Financial Netting Improvements Act of 2006 - Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to revise treatment of certain agreements entered into before appointment of depository institution conservators or receivers, including securities contracts, forward contracts, swap agreements, and certain walkaway clauses. Makes conforming amendments to: (1) the Federal Deposit Insurance Corporation Improvement Act of 1991; (2) federal bankruptcy law; and (3) the Securities Investor Protection Act of 1970. Amends the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 to state that the meanings of terms used in the Act are applicable for its purposes only, and shall not be construed or applied so as to challenge or affect the characterization, definition, or treatment of any similar terms under any other statute, regulation, or rule, including the Gramm-Leach-Bliley Act, the Legal Certainty for Bank Products Act of 2000, the securities laws, and the Commodity Exchange Act. Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to repeal the declaration that no walkaway clause shall be enforceable in a qualified financial contract of an insured depository institution in default. Declares any payment or delivery obligation otherwise due from a party pursuant to a qualified financial contract suspended from the time a receiver is appointed until the earlier of: (1) the time a party receives notice that the contract has been transferred; or (2) 5 p.m. (eastern time) on the business day after the receiver's appointment. Amends federal bankruptcy law and the judicial code to increase chapter 7 trustee compensation and filing fees.

Sponsors

Timeline

Dec 12, 2006

Signed by President.

Dec 12, 2006

Signed by President.

Dec 12, 2006

Became Public Law No: 109-390.

Dec 12, 2006

Became Public Law No: 109-390.

Dec 4, 2006

Presented to President.

Dec 4, 2006

Presented to President.

Nov 15, 2006

Mr. McHenry moved that the House suspend the rules and agree to the Senate amendments. (consideration: CR H8650-8651)

Nov 15, 2006

DEBATE - The House proceeded with forty minutes of debate on the motion to suspend the rules and agree to the Senate amendments to H.R. 5585.

Nov 15, 2006

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 5, rule I, the chair announced that further proceedings on the motion would be postponed.

Nov 15, 2006

Considered as unfinished business. (consideration: CR H8654-8655)

Nov 15, 2006

Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendments Agreed to by the Yeas and Nays: (2/3 required): 395 - 0 (Roll no. 522).(text as House agreed to Senate amendment: CR H8650)

Nov 15, 2006

On motion that the House suspend the rules and agree to the Senate amendments Agreed to by the Yeas and Nays: (2/3 required): 395 - 0 (Roll no. 522). (text as House agreed to Senate amendment: CR H8650)

Nov 15, 2006

Motion to reconsider laid on the table Agreed to without objection.

Sep 30, 2006

Measure laid before Senate by unanimous consent. (consideration: CR 9/29/2006 S10769)

Sep 30, 2006

Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent.

Sep 30, 2006

Passed Senate with amendments by Unanimous Consent.

Sep 30, 2006

Message on Senate action sent to the House.

Sep 28, 2006

Received in the Senate, read twice.

Sep 27, 2006

Mr. McHenry moved to suspend the rules and pass the bill, as amended.

Sep 27, 2006

Considered under suspension of the rules. (consideration: CR H7598-7601)

Sep 27, 2006

DEBATE - The House proceeded with forty minutes of debate on H.R. 5585.

Sep 27, 2006

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H7598-7600)

Sep 27, 2006

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H7598-7600)

Sep 27, 2006

Motion to reconsider laid on the table Agreed to without objection.

Sep 22, 2006

Committee on Judiciary discharged.

Sep 22, 2006

Committee on Judiciary discharged.

Sep 22, 2006

Placed on the Union Calendar, Calendar No. 403.

Sep 12, 2006

Reported by the Committee on Financial Services. H. Rept. 109-648, Part I.

Sep 12, 2006

Reported by the Committee on Financial Services. H. Rept. 109-648, Part I.

Sep 12, 2006

House Committee on Judiciary Granted an extension for further consideration ending not later than Sept. 22, 2006.

Jun 14, 2006

Committee Consideration and Mark-up Session Held.

Jun 14, 2006

Ordered to be Reported by Voice Vote.

Jun 12, 2006

Introduced in House

Jun 12, 2006

Introduced in House

Jun 12, 2006

Referred to the Committee on Financial Services, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Jun 12, 2006

Referred to the Committee on Financial Services, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

House Votes

No House roll call votes have been linked to this bill yet.

Amendments

No amendment records are currently available for this bill.
Compiled bill record. Bill pages combine Congress.gov source payloads, normalized relationships, cached text analysis, vote links, and deterministic sector/signal extraction. This is not an official government record or legal advice; use the official source link when accuracy matters.