I 

113TH CONGRESS 

1ST SESSION H. R. 742 

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 

FEBRUARY 15, 2013 

Mr. CRAWFORD (for himself, Ms. MOORE, Mr. SEAN PATRICK MALONEY of 

New York, and Mr. HUIZENGA of Michigan) 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 742 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Swap Data Repository 

3 and Clearinghouse Indemnification Correction Act of 

4 2013’’. 

5 SEC. 2. REPEAL OF INDEMNIFICATION REQUIREMENTS. 

6 (a) DERIVATIVES CLEARING ORGANIZATIONS.—Sec7 tion 5b(k)(5) of the Commodity Exchange Act (7 U.S.C. 

8 7a–1(k)(5)) is amended to read as follows: 

9 ‘‘(5) CONFIDENTIALITY AGREEMENT.—Before 

10 the Commission may share information with any en11 tity described in paragraph (4), the Commission 

12 shall receive a written agreement from each entity 

13 stating that the entity shall abide by the confiden14 tiality requirements described in section 8 relating to 

15 the information on swap transactions that is pro16 vided.’’. 

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

18 the Commodity Exchange Act (7 U.S.C. 24a(d)) is amend19 ed to read as follows: 

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

21 swap data repository may share information with any enti22 ty described in subsection (c)(7), the swap data repository 

23 shall receive a written agreement from each entity stating 

24 that the entity shall abide by the confidentiality require25 ments described in section 8 relating to the information 

26 on swap transactions that is provided.’’. 


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•HR 742 IH

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

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

3 1934 (15 U.S.C. 78m(n)(5)(H)) is amended to read as 

4 follows: 

5 ‘‘(H) CONFIDENTIALITY AGREEMENT.— 

6 Before the security-based swap data repository 

7 may share information with any entity de8 scribed in subparagraph (G), the security-based 

9 swap data repository shall receive a written 

10 agreement from each entity stating that the en11 tity shall abide by the confidentiality require12 ments described in section 24 relating to the in13 formation on security-based swap transactions 

14 that is provided.’’. 

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

16 this Act shall take effect as if enacted as part of the Dodd17 Frank Wall Street Reform and Consumer Protection Act 

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

Æ 


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