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116TH CONGRESS
1ST SESSION H. R. 4333
To amend the Commodity Exchange Act to provide certainty for futures
customers and market participants, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 13, 2019
Ms. SPANBERGER introduced the following bill; which was referred to the
Committee on Agriculture
A BILL
To amend the Commodity Exchange Act to provide certainty
for futures customers and market participants, and for
other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. CERTAINTY FOR FUTURES CUSTOMERS AND
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MARKET PARTICIPANTS.
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Section 20(a) of the Commodity Exchange Act (7
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U.S.C. 24(a)) is amended—
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(1) by striking ‘‘and’’ at the end of paragraph
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(4);
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(2) by striking the period at the end of para-
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graph (5) and inserting ‘‘; and’’; and
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•HR 4333 IH
(3) by adding at the end the following:
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‘‘(6) that cash, securities, or other property of
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the estate of a commodity broker, including the
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trading or operating accounts of the commodity
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broker and commodities held in inventory by the
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commodity broker, shall be included in customer
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property, subject to any otherwise unavoidable secu-
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rity interest, or otherwise unavoidable contractual
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offset or netting rights of creditors (including rights
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set forth in a rule or bylaw of a derivatives clearing
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organization or a clearing agency) in respect of such
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property, but only to the extent that the property
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that is otherwise customer property is insufficient to
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satisfy the net equity claims of public customers (as
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such term may be defined by the Commission by
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rule or regulation) of the commodity broker.’’.
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