IB 
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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A BILL 
To ensure the exclusion of small lenders from certain 
regulations of the Dodd-Frank Act. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Small Business Credit 
Availability Act’’. 
SEC. 2. CLARIFICATION OF SWAP DEALER DEFINITION. 
Section 1a(49)(A) of the Commodity Exchange Act 
(7 U.S.C. 1a(49)(A)) is amended by striking all that fol-
lows clause (iv) and inserting the following flush language: 
‘‘provided however, in no event shall an insured 
depository institution or an institution char-
tered and operating under the Farm Credit Act 
of 1971 be considered to be a swap dealer to 
the extent that it enters into a swap— 
‘‘(I) with a customer that is seeking 
to manage risk in connection with an ex-
tension of credit by the institution to, on 
behalf of, or for the benefit of, the cus-
tomer; or 
‘‘(II) to offset the risks arising from 
a swap that meets the requirement of sub-
clause (I).’’. 
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SEC. 3. EXCLUSIONS FROM FINANCIAL ENTITY DEFINITION. 
Section 2(h)(7)(C)(ii) of the Commodity Exchange 
Act (7 U.S.C. 2(h)(7)(C)(ii)) is amended to read as fol-
lows: 
‘‘(ii)
EXCLUSION.—Such
definition 
shall not include an entity that is a small 
bank, savings association, farm credit sys-
tem institution, or credit union if— 
‘‘(I) the total assets of the entity 
are $30,000,000,000 or less; or 
‘‘(II) the aggregate uncollatera-
lized outward exposure plus aggregate 
potential outward exposure of the en-
tity with respect to its swaps does not 
exceed $1,000,000,000.’’. 
SEC. 4. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
as if they had been included in subtitle A of title VII of 
the Dodd-Frank Wall Street Reform and Consumer Pro-
tection Act. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Small Business Credit 
Availability Act’’. 
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SEC. 2. CLARIFICATION OF SWAP DEALER DEFINITION. 
Section 1a(49)(A) of the Commodity Exchange Act (7 
U.S.C. 1a(49)(A)) is amended by striking all that follows 
clause (iv) and inserting the following flush language: 
‘‘provided however, in no event shall an insured 
depository institution or an institution chartered 
and operating under the Farm Credit Act of 
1971 be considered to be a swap dealer to the ex-
tent that it enters into a swap— 
‘‘(I) with a customer that is seeking to 
manage risk in connection with an exten-
sion of credit by the institution to, on behalf 
of, or for the benefit of, the customer; or 
‘‘(II) to offset the risks arising from a 
swap that meets the requirement of sub-
clause (I).’’. 
SEC. 3. EXCLUSIONS FROM FINANCIAL ENTITY DEFINITION. 
Section 2(h)(7)(C)(ii) of the Commodity Exchange Act 
(7 U.S.C. 2(h)(7)(C)(ii)) is amended to read as follows: 
‘‘(ii) 
EXCLUSION.—Such 
definition 
shall not include an entity that is a small 
bank, savings association, farm credit sys-
tem institution, non-profit cooperative lend-
er controlled by electric cooperatives, or 
credit 
union 
if 
the 
aggregate 
uncollateralized outward exposure plus ag-
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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 Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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