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One of the most contentious provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act") is Section 716 – commonly referred to either as the "Lincoln Amendment" after its principal proponent, Senator Blanche Lincoln of Arkansas, or alternatively by its functional name, the "swaps push-out rule." The Lincoln Amendment effectively forbids FDIC-insured institutions and other entities that have access to Federal Reserve credit facilities – including banks, thrifts, and U.S. branches of foreign banks – from acting as a "swap dealer" except in certain limited circumstances, thus requiring such institutions to "push out" most swap dealing activities into an affiliate that is not FDIC insured and that does not otherwise access Federal Reserve credit facilities. The Lincoln Amendment will become effective in July 2012 and will have a significant, and likely not wholly anticipated, impact on banks and U.S