I 
114TH CONGRESS 
2D SESSION 
H. R. 5592 
To amend the Commodity Exchange Act to clarify which fees the Commodity 
Futures Trading Commission may assess and collect, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 28, 2016 
Mr. CUMMINGS introduced the following bill; which was referred to the Com-
mittee on Agriculture, and in addition to the Committees on Financial 
Services, and 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 
A BILL 
To amend the Commodity Exchange Act to clarify which 
fees the Commodity Futures Trading Commission may 
assess and collect, and for other purposes. 
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 ‘‘Derivatives Oversight 
and Taxpayer Protection Act’’. 
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TITLE I—STRENGTHENING 
OVERSIGHT AND ENFORCEMENT 
SEC. 101. FEES TO RECOVER COSTS. 
(a) IN GENERAL.—The Commodity Exchange Act is 
amended by inserting after section 10 (7 U.S.C. 17) the 
following: 
‘‘SEC. 11. FEES TO RECOVER COSTS. 
‘‘(a) RECOVERY OF CERTAIN COSTS OF ANNUAL AP-
PROPRIATION.— 
‘‘(1) IN GENERAL.—Effective beginning Octo-
ber 1, 2016, so as to recover the costs to the Fed-
eral Government of the annual appropriation to the 
Commission by Congress, the Commission shall as-
sess and collect fees under this subsection. 
‘‘(2) REQUIREMENTS.—Subject to paragraph 
(3), the Commission may— 
‘‘(A) assess fees to recover the costs of the 
regulatory services provided by the Commission; 
and 
‘‘(B) assess fees from registered entities 
and persons registered under this Act. 
‘‘(3) SERVICE FEES.—The Commission may as-
sess fees to recover the costs of the following regu-
latory services provided by the Commission: 
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‘‘(A) Designated contract market compli-
ance examinations. 
‘‘(B) Foreign board of trade registration 
reviews. 
‘‘(C) Swap execution facility designation 
reviews. 
‘‘(D) Swap data repository registration re-
views. 
‘‘(E) Designated contract market designa-
tion reviews. 
‘‘(F) Swap execution facility compliance 
examinations. 
‘‘(G) Swap data repository compliance re-
views. 
‘‘(H) Designated contract market contract 
review and approvals. 
‘‘(I) Swap execution facility contract re-
view and approvals. 
‘‘(J) Designated contract market contract 
certification and rule reviews. 
‘‘(K) Swap execution facility contract cer-
tification and rule reviews. 
‘‘(L) Swap data repository rule reviews. 
‘‘(M) Reviews of mergers, transfers, and 
other action requests from designated contract 
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markets, swap execution facilities, and swap 
data repositories. 
‘‘(N) Designated self-regulatory organiza-
tion financial surveillance reviews. 
‘‘(O) Registered futures association compli-
ance program reviews. 
‘‘(P) Derivatives clearing organization re-
views. 
‘‘(Q) Futures commission merchant exami-
nations. 
‘‘(R) Registered foreign exchange dealer 
examinations. 
‘‘(S) Swap dealer registration reviews. 
‘‘(T) Swap dealer examinations. 
‘‘(U) Other entity registration, reviews, or 
examinations, or other regulatory services pro-
vided by the Commission. 
‘‘(4) FEE RATES.—Fees assessed shall— 
‘‘(A) be reasonably related to the cost to 
the Commission of providing the services of the 
Commission; 
‘‘(B) take into consideration the full-time 
equivalent number of employees performing the 
services, overhead costs, and other factors that 
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the Commission determines are necessary in the 
public interest; 
‘‘(C) support market access for smaller 
market participants hedging or mitigating com-
mercial or agricultural risk, including farmers 
and ranchers; and 
‘‘(D) minimize negative impacts on market 
liquidity and maintain the efficiency, competi-
tiveness, and financial integrity of futures and 
swaps markets in the United States. 
‘‘(5) COLLECTION OF FEES.—The Commission 
shall collect fees paid in accordance with paragraph 
(2) in a manner and within such time as determined 
by the Commission. 
‘‘(b) PUBLICATION.—Not later than 60 days after the 
date on which a law providing a regular appropriation to 
the Commission for a fiscal year is enacted, the Commis-
sion shall publish in the Federal Register— 
‘‘(1) notices of the fee rates for the fiscal year, 
including any estimates or projections on which the 
fees are based; and 
‘‘(2) a schedule of fees for the fiscal year, in-
cluding an explanation of the method used for calcu-
lating applicable fee rates. 
‘‘(c) DEPOSIT OF FEES.— 
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