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Union Calendar No. 269 

112TH CONGRESS 

2D SESSION H. R. 3336 

[Report No. 112–390] 

To ensure the exclusion of small lenders from certain regulations of the 

Dodd-Frank Act. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 3, 2011 

Mrs. HARTZLER introduced the following bill; which was referred to the 

Committee on Agriculture 

FEBRUARY 8, 2012 

Additional sponsors: Mr. HOLDEN and Mr. MCINTYRE

FEBRUARY 8, 2012 

Reported 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] 


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•HR 3336 RH

A BILL 

To ensure the exclusion of small lenders from certain 

regulations of the Dodd-Frank Act. 


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•HR 3336 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Small Business Credit 

5 Availability Act’’. 

6 SEC. 2. CLARIFICATION OF SWAP DEALER DEFINITION. 

7 Section 1a(49)(A) of the Commodity Exchange Act 

8 (7 U.S.C. 1a(49)(A)) is amended by striking all that fol9 lows clause (iv) and inserting the following flush language: 

10 ‘‘provided however, in no event shall an insured 

11 depository institution or an institution char12 tered and operating under the Farm Credit Act 

13 of 1971 be considered to be a swap dealer to 

14 the extent that it enters into a swap— 

15 ‘‘(I) with a customer that is seeking 

16 to manage risk in connection with an ex17 tension of credit by the institution to, on 

18 behalf of, or for the benefit of, the cus19 tomer; or 

20 ‘‘(II) to offset the risks arising from 

21 a swap that meets the requirement of sub22 clause (I).’’. 


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1 SEC. 3. EXCLUSIONS FROM FINANCIAL ENTITY DEFINITION. 

2 Section 2(h)(7)(C)(ii) of the Commodity Exchange 

3 Act (7 U.S.C. 2(h)(7)(C)(ii)) is amended to read as fol4 lows: 

5 ‘‘(ii) EXCLUSION.—Such definition 

6 shall not include an entity that is a small 

7 bank, savings association, farm credit sys8 tem institution, or credit union if— 

9 ‘‘(I) the total assets of the entity 

10 are $30,000,000,000 or less; or 

11 ‘‘(II) the aggregate uncollatera12 lized outward exposure plus aggregate 

13 potential outward exposure of the en14 tity with respect to its swaps does not 

15 exceed $1,000,000,000.’’. 

16 SEC. 4. EFFECTIVE DATE. 

17 The amendments made by this Act shall take effect 

18 as if they had been included in subtitle A of title VII of 

19 the Dodd-Frank Wall Street Reform and Consumer Pro20 tection Act. 

21 SECTION 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘Small Business Credit 

23 Availability Act’’. 


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•HR 3336 RH

1 SEC. 2. CLARIFICATION OF SWAP DEALER DEFINITION. 

2 Section 1a(49)(A) of the Commodity Exchange Act (7 

3 U.S.C. 1a(49)(A)) is amended by striking all that follows 

4 clause (iv) and inserting the following flush language: 

5 ‘‘provided however, in no event shall an insured 

6 depository institution or an institution chartered 

7 and operating under the Farm Credit Act of 

8 1971 be considered to be a swap dealer to the ex9 tent that it enters into a swap— 

10 ‘‘(I) with a customer that is seeking to 

11 manage risk in connection with an exten12 sion of credit by the institution to, on behalf 

13 of, or for the benefit of, the customer; or 

14 ‘‘(II) to offset the risks arising from a 

15 swap that meets the requirement of sub16 clause (I).’’. 

17 SEC. 3. EXCLUSIONS FROM FINANCIAL ENTITY DEFINITION. 

18 Section 2(h)(7)(C)(ii) of the Commodity Exchange Act 

19 (7 U.S.C. 2(h)(7)(C)(ii)) is amended to read as follows: 

20 ‘‘(ii) EXCLUSION.—Such definition 

21 shall not include an entity that is a small 

22 bank, savings association, farm credit sys23 tem institution, non-profit cooperative lend24 er controlled by electric cooperatives, or 

25 credit union if the aggregate 

26 uncollateralized outward exposure plus agVerDate Mar 15 2010 23:10 Feb 08, 2012 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H3336.RH H3336

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•HR 3336 RH

1 gregate potential outward exposure of the 

2 entity with respect to its swaps does not ex3 ceed $1,000,000,000.’’. 

4 SEC. 4. EFFECTIVE DATE. 

5 The amendments made by this Act shall take effect as 

6 if they had been included in subtitle A of title VII of the 

7 Dodd-Frank Wall Street Reform and Consumer Protection 

8 Act. 

9 SEC. 5. IMPLEMENTATION. 

10 The amendments made by this Act shall be imple11 mented— 

12 (1) without regard to— 

13 (A) chapter 35 of title 44, United States 

14 Code; and 

15 (B) the notice and comment provisions of 

16 section 553 of title 5, United States Code; and 

17 (2) through the promulgation of an interim final 

18 rule. 


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Union Calendar No. 269 

112TH CONGRESS 

2D SESSION H. R. 3336 

[Report No. 112–390] 

A BILL 

To ensure the exclusion of small lenders from 

certain regulations of the Dodd-Frank Act. 

FEBRUARY 8, 2012 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


tkelley on DSK3SPTVN1PROD with BILLS