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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2682 Reported in House (RH)]

                                                 Union Calendar No. 267
112th CONGRESS
  2d Session
                                H. R. 2682

                  [Report No. 112-343, Parts I and II]

To provide end user exemptions from certain provisions of the Commodity 
  Exchange Act and the Securities Exchange Act of 1934, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2011

 Mr. Grimm (for himself, Mr. Peters, Mr. Austin Scott of Georgia, and 
  Mr. Owens) introduced the following bill; which was referred to the 
 Committee on Financial Services, and in addition to the Committee on 
Agriculture, 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

                           December 23, 2011

           Reported from the Committee on Financial Services

                           December 23, 2011

  Referral to the Committee on Agriculture extended for a period not 
                   ending later than February 1, 2012

                            February 1, 2012

  Referral to the Committee on Agriculture extended for a period not 
                   ending later than February 8, 2012

                            February 8, 2012

    Additional sponsors: Mr. Dold, Ms. Moore, Mr. Kingston, and Mr. 
                                McIntyre

                            February 8, 2012

Reported from the Committee on Agriculture with an amendment; committed 
   to the Committee of the Whole House on the State of the Union and 
                         ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
To provide end user exemptions from certain provisions of the Commodity 
  Exchange Act and the Securities Exchange Act of 1934, and for other 
                               purposes.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Business Risk Mitigation 
and Price Stabilization Act of 2011''.</DELETED>

<DELETED>SEC. 2. MARGIN REQUIREMENTS.</DELETED>

<DELETED>    (a) Commodity Exchange Act Amendment.--Section 4s(e) of 
the Commodity Exchange Act (7 U.S.C. 6s(e)), as added by section 731 of 
the Dodd-Frank Wall Street Reform and Consumer Protection Act, is 
amended by adding at the end the following new paragraph:</DELETED>
        <DELETED>    ``(4) Applicability with respect to 
        counterparties.--The requirements of paragraphs (2)(A)(ii) and 
        (2)(B)(ii) shall not apply to a swap in which one of the 
        counterparties to the swap is not a financial entity as 
        described in section 2(h)(7)(C), and such counterparty is 
        eligible for the exception under section 
        2(h)(7)(A).''.</DELETED>
<DELETED>    (b) Securities Exchange Act Amendment.--Section 15F(e) of 
the Securities Exchange Act of 1934 (15 U.S.C. 78o-10(e)), as added by 
section 764(a) of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act, is amended by adding at the end the following new 
paragraph:</DELETED>
        <DELETED>    ``(4) Applicability with respect to 
        counterparties.--The requirements of paragraphs (2)(A)(ii) and 
        (2)(B)(ii) shall not apply to a security-based swap in which 
        one of the counterparties to the security-based swap is not a 
        financial entity as described in section 3C(g)(3), and such 
        counterparty is eligible for the exception under section 
        3C(g)(1).''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Business Risk Mitigation and Price 
Stabilization Act of 2012''.

SEC. 2. MARGIN REQUIREMENTS.

    (a) Commodity Exchange Act Amendment.--Section 4s(e) of the 
Commodity Exchange Act (7 U.S.C. 6s(e)), as added by section 731 of the 
Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended 
by adding at the end the following new paragraph:
            ``(4) Applicability with respect to counterparties.--The 
        requirements of paragraphs (2)(A)(ii) and (2)(B)(ii) shall not 
        apply to a swap in which a counterparty qualifies for an 
        exception under section 2(h)(7)(A) or satisfies the criteria in 
        section 2(h)(7)(D).''.
    (b) Securities Exchange Act Amendment.--Section 15F(e) of the 
Securities Exchange Act of 1934 (15 U.S.C. 78o-10(e)), as added by 
section 764(a) of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act, is amended by adding at the end the following new 
paragraph:
            ``(4) Applicability with respect to counterparties.--The 
        requirements of paragraphs (2)(A)(ii) and (2)(B)(ii) shall not 
        apply to a security-based swap in which one of the 
        counterparties to the security-based swap is not a financial 
        entity as described in section 3C(g)(3), and such counterparty 
        is eligible for the exception under section 3C(g)(1).''.

SEC. 3. IMPLEMENTATION.

    The amendments made by this Act shall be implemented--
            (1) without regard to--
                    (A) chapter 35 of title 44, United States Code; and
                    (B) the notice and comment provisions of section 
                553 of title 5, United States Code; and
            (2) through the promulgation of an interim final rule.
                                                 Union Calendar No. 267

112th CONGRESS

  2d Session

                               H. R. 2682

                  [Report No. 112-343, Parts I and II]

_______________________________________________________________________

                                 A BILL

To provide end user exemptions from certain provisions of the Commodity 
  Exchange Act and the Securities Exchange Act of 1934, and for other 
                               purposes.

_______________________________________________________________________

                            February 8, 2012

Reported from the Committee on Agriculture with an amendment; committed 
   to the Committee of the Whole House on the State of the Union and 
                         ordered to be printed
```