I 

112TH CONGRESS 

2D SESSION H. R. 4235 

To amend the Securities Exchange Act of 1934 and the Commodity Exchange 

Act to repeal the indemnification requirements for regulatory authorities 

to obtain access to swap data required to be provided by swaps entities 

under such Acts. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 21, 2012 

Mr. DOLD (for himself and Ms. MOORE) introduced the following bill; which 

was referred to the Committee on Agriculture, and in addition to the 

Committee on Financial Services, 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 Securities Exchange Act of 1934 and the 

Commodity Exchange Act to repeal the indemnification 

requirements for regulatory authorities to obtain access 

to swap data required to be provided by swaps entities 

under such Acts. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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•HR 4235 IH

1 SECTION 1. REPEAL OF INDEMNIFICATION REQUIRE2 MENTS. 

3 (a) DERIVATIVES CLEARING ORGANIZATIONS.—Sec4 tion 5b(k)(5) of the Commodity Exchange Act (7 U.S.C. 

5 7a–1(k)(5)) is amended to read as follows: 

6 ‘‘(5) CONFIDENTIALITY AGREEMENT.—Before 

7 the Commission may share information with any en8 tity described in paragraph (4), the Commission 

9 shall receive a written agreement from each entity 

10 stating that the entity shall abide by the confiden11 tiality requirements described in section 8 relating to 

12 the information on swap transactions that is pro13 vided.’’. 

14 (b) SWAP DATA REPOSITORIES.—Section 21(d) of 

15 the Commodity Exchange Act (7 U.S.C. 24a(d)) is amend16 ed to read as follows: 

17 ‘‘(d) CONFIDENTIALITY AGREEMENT.—Before the 

18 swap data repository may share information with any enti19 ty described in subsection (c)(7), the swap data repository 

20 shall receive a written agreement from each entity stating 

21 that the entity shall abide by the confidentiality require22 ments described in section 8 relating to the information 

23 on swap transactions that is provided.’’. 

24 (c) SECURITY-BASED SWAP DATA REPOSITORIES.— 

25 Section 13(n)(5)(H) of the Securities Exchange Act of 


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•HR 4235 IH

1 1934 (15 U.S.C. 78m(n)(5)(H)) is amended to read as 

2 follows: 

3 ‘‘(H) CONFIDENTIALITY AGREEMENT.— 

4 Before the security-based swap data repository 

5 may share information with any entity de6 scribed in subparagraph (G), the security-based 

7 swap data repository shall receive a written 

8 agreement from each entity stating that the en9 tity shall abide by the confidentiality require10 ments described in section 24 relating to the in11 formation on security-based swap transactions 

12 that is provided.’’. 

13 (d) EFFECTIVE DATE.—The amendments made by 

14 this Act shall take effect as if enacted as part of the Dodd15 Frank Wall Street Reform and Consumer Protection Act 

16 (Public Law 111–203) on July 21, 2010. 

Æ 


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