```

[House Report 114-136]
[From the U.S. Government Publishing Office]

114th Congress   }                                       {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                       {      114-136

======================================================================

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2289) TO REAUTHORIZE THE 
    COMMODITY FUTURES TRADING COMMISSION, TO BETTER PROTECT FUTURES 
 CUSTOMERS, TO PROVIDE END-USERS WITH MARKET CERTAINTY, TO MAKE BASIC 
REFORMS TO ENSURE TRANSPARENCY AND ACCOUNTABILITY AT THE COMMISSION, TO 
   HELP FARMERS, RANCHERS, AND END-USERS MANAGE RISKS, TO HELP KEEP 
               CONSUMER COSTS LOW, AND FOR OTHER PURPOSES

                                _______
                                

June 2, 2015.--Referred to the House Calendar and ordered to be printed

                                _______
                                

              Mr. Newhouse, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 288]

    The Committee on Rules, having had under consideration 
House Resolution 288, by a record vote of 8 to 2, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 2289, the 
Commodity End-User Relief Act, under a structured rule. The 
resolution provides one hour of general debate equally divided 
and controlled by the chair and ranking minority member of the 
Committee on Agriculture. The resolution waives all points of 
order against consideration of the bill. The resolution makes 
in order as original text for purpose of amendment an amendment 
in the nature of a substitute consisting of the text of Rules 
Committee Print 114-18 and provides that it shall be considered 
as read. The resolution waives all points of order against that 
amendment in the nature of a substitute. The resolution makes 
in order only those further amendments printed in this report. 
Each such amendment may be offered only in the order printed in 
this report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole. The 
resolution waives all points of order against the amendments 
printed in this report. The resolution provides one motion to 
recommit with or without instructions.
    Section 2 of the resolution provides that the Committee on 
Appropriations may, at any time before 5 p.m. on Friday, June 
5, 2015, file privileged reports to accompany measures making 
appropriations for the fiscal year ending September 30, 2016.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill includes a waiver of clause 3(e)(1) of rule XIII 
(``Ramseyer''), requiring a committee report accompanying a 
bill amending or repealing statutes to show, by typographical 
device, parts of statute affected.
    The waiver is provided because the submission provided by 
the committee was insufficient to meet the standards 
established by the rule in its current form. The Committee on 
Rules continues to work with the House Office of Legislative 
Counsel and committees to determine the steps necessary to 
comply with the updated rule.
    The waiver of all points of order against the amendment in 
the nature of a substitute made in order as original text 
includes a waiver of clause 7 of rule XVI, which requires that 
no motion or proposition on a subject different from that under 
consideration shall be admitted under color of amendment. 
Provisions contained in Rules Committee Print 114-18 fall 
outside of the jurisdiction of the Committee on Agriculture.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 58

    Motion by Ms. Slaughter to report an open rule. Defeated: 
2-7

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Cole........................................          Nay   Mr. McGovern......................  ............
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Burgess.....................................          Nay   Mr. Polis.........................  ............
Mr. Stivers.....................................  ............
Mr. Collins.....................................          Nay
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................  ............
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 59

    Motion by Mr. Hastings of Florida to make in order and 
provide the necessary waivers for amendment #3, offered by Rep. 
Waters (CA), which prohibits the CFTC from waiving bad actor 
disqualifications arising under a law other than the Commodity 
Exchange Act. Defeated: 2-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Cole........................................          Nay   Mr. McGovern......................  ............
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Burgess.....................................          Nay   Mr. Polis.........................  ............
Mr. Stivers.....................................          Nay
Mr. Collins.....................................          Nay
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................  ............
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 60

    Motion by Ms. Foxx to report the rule. Adopted: 8-2

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Cole........................................          Yea   Mr. McGovern......................  ............
Mr. Woodall.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Burgess.....................................          Yea   Mr. Polis.........................  ............
Mr. Stivers.....................................          Yea
Mr. Collins.....................................          Yea
Mr. Byrne.......................................          Yea
Mr. Newhouse....................................  ............
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Conaway (TX): MANAGER'S Makes conforming and technical 
changes. (10 minutes)
    2. Gallego (AZ): Expresses a sense of Congress that the 
Commodity Futures Trading Commission should take all 
appropriate actions to encourage applications for positions in 
the Office of the Chief Economist from members of minority 
groups, women, disabled persons, and veterans. (10 minutes)
    3. Takai (HI): Requires a report to the Committee on 
Agriculture of the House of Representatives and the Committee 
on Agriculture, Nutrition, and Forestry of the Senate a summary 
of any plans of action and milestones for any known information 
security vulnerability. (10 minutes)
    4. Moore, Gwen (WI), Huizenga (MI), Maloney, Sean (NY), 
Crawford (AR): Narrows the scope of the provisions in the bill 
to ensure that only swap data, and not any other data, held by 
an SDR is required to be shared with other regulators. It also 
ensures that the language in the Securities Exchange Act and 
the Commodity Exchange Act mirror each other. (10 minutes)
    5. Walorski (IN): Adds ``Status of consultations with all 
U.S. market participants including major producers and 
consumers.'' (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Conaway of Texas or His 
                   Designee, Debatable for 10 Minutes

  Page 3, line 7, strike ``(s)'' and insert ``(t)''.
  Page 4, line 15, strike ``(t)'' and insert ``(u)''.
  Page 6, line 9, strike ``(u)'' and insert ``(v)''.
  Page 6, line 16, strike ``(v)'' and insert ``(w)''.
  Page 7, line 4, strike ``(w)'' and insert ``(x)''.
  Page 12, line 10, strike ``(17)'' and insert ``(16)''.
  Page 13, line 6, strike ``(17)'' and insert ``(16)''.
  Page 14, line 8, strike ``(18)'' and insert ``(17)''.
  Page 30, line 18, strike ``or''.
  Page 33, line 12, strike ``(8)'' and insert ``(7)''.
  Page 33, line 13, strike ``(9)'' and insert ``(8)''.
  Page 38, line 8, strike ``1a(47)(B)(ii)'' and insert 
``1a(48)(B)(ii)''.
  Page 38, line 9, after the parenthetical phrase, insert ``, 
as so redesignated by section 306(b)(1) of this Act,''.
  Page 38, line 21, strike ``1a(49)(D)'' and insert 
``1a(50)(D)''.
  Page 38, line 22, after the parenthetical phrase, insert ``, 
as so redesignated by section 306(b)(1) of this Act,''.
  Page 52, line 15, strike ``1a(10)'' and insert ``1a(11)''.
  Page 52, line 16, after the parenthetical phrase, insert ``, 
as so redesignated by section 306(b)(1) of this Act,''.
  Page 55, line 13, strike ``subsection,'' and insert 
``subsection''.
  Page 56, line 11, insert ``and'' after the semicolon.
  Page 56, strike line 12.
  Page 56, line 13, strike ``(C)'' and insert ``(B)''.
  Page 59, line 16, strike ``1a(11)'' and insert ``1a(12)''.
  Page 59, line 17, after the parenthetical phrase, insert ``, 
as so redesignated by section 306(b)(1) of this Act,''.
  Page 60, line 18, strike ``1a(12)'' and insert ``1a(13)''.
  Page 60, line 19, after the parenthetical phrase, insert ``, 
as so redesignated by section 306(b)(1) of this Act,'' after 
``(7 U.S.C. 1a(12))''.
  Page 61, line 3, strike ``(11)(C)(ii)'' and insert 
``(12)(C)(ii)''.
  Page 62, line 7, strike ``(d),'' and insert ``, (d),''.
  Page 62, line 10, strike ``(d),'' and insert ``, (d),''.
  Page 62, line 13, strike ``(e)'' and insert ``(e),''.
  Page 63, line 9, strike ``1a(18)(A)(x)'' and insert 
``1a(19)(A)(x)''.
  Page 63, line 10, after the parenthetical phrase, insert ``, 
as so redesignated by section 306(b)(1) of this Act,''.
  Page 63, line 13, strike ``1a(40)'' and insert ``1a(41)''.
  Page 63, line 14, after the parenthetical phrase, insert ``, 
as so redesignated by section 306(b)(1) of this Act,''.
  Page 64, line 10, strike ``4i(a)'' and insert ``4i''.
  Page 64, line 10, strike ``6i(a)'' and insert ``6i''.
  Page 66, line 18, strike ``1a(12)(B)(vi)'' and insert 
``1a(13)(B)(vi)''.
  Page 66, line 19, after the parenthetical phrase, insert ``, 
as so redesignated by section 306(b)(1) of this Act,''.
  Page 66, line 22, strike ``1a(34)'' and insert ``1a(35)''.
  Page 66, line 22, after the parenthetical phrase, insert ``, 
as so redesignated by section 306(b)(1) of this Act,''.
  Page 67, line 1, strike ``1a(35)(B)(iii)(I)'' and insert 
``1a(36)(B)(iii)(I)''.
  Page 67, line 2, after the parenthetical phrase, insert ``, 
as so redesignated by section 306(b)(1) of this Act,''.
  Page 69, strike lines 6 through 9 and insert the following:
          (4) by striking ``, registering,''; and
          (5) by striking ``registration,''.
  Page 69, line 12, strike ``each place it appears''.
  Page 69, line 20, strike ``derivative'' and insert 
``derivatives''.
  Page 69, strike lines 22 through 24 and insert the following:
  (q) Section 4a(a)(1) of such Act (7 U.S.C. 6a(a)(1)) is 
amended--
          (1) by striking ``or derivatives transaction 
        execution facilities''; and
          (2) by striking ``or derivatives transaction 
        execution facility''.
  Page 70, line 7, strike ``4c(g)'' and insert ``4c(e)''.
  Page 70, line 7, after the parenthetical phrase, insert ``, 
as so redesignated by section 402(a) of this Act,''.
  Page 71, line 21, strike ``before `exclude'.'' and insert 
``before `exclude' the first place it appears.''.
  Page 72, line 8, strike ``1a(18)(A)(x)'' and insert 
``1a(19)(A)(x)''.
  Page 72, line 9, after the parenthetical phrase, insert ``, 
as so redesignated by section 306(b)(1) of this Act,''.
  Page 73, line 5, strike ``1a(12)(A)(i)(II)'' and insert 
``1a(13)(A)(i)(II)''.
  Page 73, line 6, after the parenthetical phrase, insert ``, 
as so redesignated by section 306(b)(1) of this Act,''.
  Page 75, line 7, strike ``(1)(E)'' and insert ``(2)(E)''.
  Page 76, line 6, after the parenthetical phrase, insert ``, 
as amended by sections 101 through 103 of this Act,''.
  Page 76, beginning on line 8, strike ``subsection (r) as 
subsections (r) and (s)'' and insert ``subsections (s) through 
(w) as subsections (r) through (x)''.
                              ----------                              

 2. An Amendment To Be Offered by Representative Gallego of Arizona or 
                 His Designee, Debatable for 10 Minutes

  Page 13, after line 6, insert the following:
  (c) Sense of the Congress.--It is the sense of the Congress 
that the Commodity Futures Trading Commission should take all 
appropriate actions to encourage applications for positions in 
the Office of the Chief Economist from members of minority 
groups, women, disabled persons, and veterans.
                              ----------                              

3. An Amendment To Be Offered by Representative Takai of Hawaii or His 
                   Designee, Debatable for 10 Minutes

  Page 15, line 4, strike ``and''.
  Page 15, line 7, strike the period and insert ``; and''.
  Page 15, after line 7, insert the following:
                          ``(iii) include a summary of any plan 
                        of action and milestones to address any 
                        known information security 
                        vulnerability, as identified pursuant 
                        to a widely accepted industry or 
                        Government standard, including--
                                  ``(I) specific information 
                                about the industry or 
                                Government standard used to 
                                identify the known information 
                                security vulnerability;
                                  ``(II) a detailed time line 
                                with specific deadlines for 
                                addressing the known 
                                information security 
                                vulnerability; and
                                  ``(III) an update of any such 
                                time line and the rationale for 
                                any deviation from the time 
                                line.''.
                              ----------                              

 4. An Amendment To Be Offered by Representative Moore of Wisconsin or 
                 Her Designee, Debatable for 10 Minutes

  Page 27, strike line 4 and all that follows through page 28, 
line 2, and insert the following:
  (b) Swap Data Repositories.--Section 21 of such Act (7 U.S.C. 
24a) is amended--
          (1) in subsection (c)(7)--
                  (A) in the matter preceding subparagraph (A), 
                by striking ``all'' and inserting ``swap''; and
                  (B) in subparagraph (E)--
                          (i) in clause (ii), by striking 
                        ``and'' at the end; and
                          (ii) by adding at the end the 
                        following:
                          ``(iv) other foreign authorities; 
                        and''; and
          (2) by striking subsection (d) and inserting the 
        following:
  ``(d) Confidentiality Agreement.--Before the swap data 
repository may share information with any entity described in 
subsection (c)(7), the swap data repository shall receive a 
written agreement from each entity stating that the entity 
shall abide by the confidentiality requirements described in 
section 8 relating to the information on swap transactions that 
is provided.''.
  (c) Security-based Swap Data Repositories.--Section 13(n)(5) 
of the Securities Exchange Act of 1934 25 (15 U.S.C. 78m(n)(5)) 
is amended--
          (1) in subparagraph (G)--
                  (A) in the matter preceding clause (i), by 
                striking ``all'' and inserting ``security-based 
                swap''; and
                  (B) in subclause (v)--
                          (i) in subclause (II), by striking 
                        ``; and'' and inserting a semicolon;
                          (ii) in subclause (III), by striking 
                        the period at the end and inserting ``; 
                        and''; and
                          (iii) by adding at the end the 
                        following:
                                  ``(IV) other foreign 
                                authorities.''; and
          (2) by striking subparagraph (H) and inserting the 
        following:
                  ``(H) Confidentiality agreement.--Before the 
                security-based swap data repository may share 
                information with any entity described in 
                subparagraph (G), the security-based swap data 
                repository shall receive a written agreement 
                from each entity stating that the entity shall 
                abide by the confidentiality requirements 
                described in section 24 relating to the 
                information on security-based swap transactions 
                that is provided.''.
  (d) Effective Date.--The amendments made by this section 
shall take effect as if enacted on July 21, 2010.
                              ----------                              

5. An Amendment To Be Offered by Representative Walorski of Indiana or 
                 Her Designee, Debatable for 10 Minutes

  Page 24, line 2, strike ``and''.
  Page 24, line 4, strike the period and insert ``; and''.
  Page 24, after line 4, insert the following:
          (3) the status of consultations with all United 
        States market participants including major producers 
        and consumers.

                                  [all]
```