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GAO-12-469R 1 (2012-02-22)

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        Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          B-323126


          February 22, 2012

          The Honorable Debbie Stabenow
          Chairman
          The Honorable Pat Roberts
          Ranking Member
          Committee on Agriculture, Nutrition, and Forestry
          United States Senate

          The Honorable Frank D. Lucas
          Chairman
          The Honorable Collin C. Peterson
          Ranking Member
          Committee on Agriculture
          House of Representatives

          Subject: Commodity Futures Trading Commission: Protection of Cleared Swaps
                  Customer Contracts and Collateral; Conforming Amendments to the
                  Commodity Broker Bankruptcy Provisions

          Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Commodity Futures Trading Commission
          (Commission), entitled Protection of Cleared Swaps Customer Contracts and
          Collateral; Conforming Amendments to the Commodity Broker Bankruptcy
          Provisions (RIN: 3038-AC99). We received the rule on February 7, 2012. It was
          published in the Federal Register as a final rule on February 7, 2012. 77 Fed. Reg.
          6336.

          The final rule imposes requirements on futures commission merchants (FCMs)
          and derivatives clearing organizations (DCOs) regarding the treatment of cleared
          swaps customer contracts (and related collateral), and makes conforming
          amendments to bankruptcy provisions applicable to commodity brokers under the
          Commodity Exchange Act (the CEA).

          Enclosed is our assessment of the Commission's compliance with the procedural
          steps required by section 801 (a)(1)(B)(i) through (iv) of title 5 with respect to the rule.
          Our review of the procedural steps taken indicates that the Commission complied
          with the applicable requirements.


GAO-12-469R

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