[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3336 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3336

 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

_______________________________________________________________________

                                 A BILL


 
 To ensure the exclusion of small lenders from certain regulations of 
                          the Dodd-Frank Act.

    Be it enacted by the Senate and House of Representatives 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 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 extent that it 
                enters into a swap--
                            ``(I) with a customer that is seeking to 
                        manage risk in connection with an extension 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 subclause 
                        (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 system 
                        institution, or credit union if--
                                    ``(I) the total assets of the 
                                entity are $30,000,000,000 or less; or
                                    ``(II) the aggregate 
                                uncollateralized outward exposure plus 
                                aggregate potential outward exposure of 
                                the entity 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 Protection Act.
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