IIB 

114TH CONGRESS 

1ST SESSION H. R. 1847 

IN THE SENATE OF THE UNITED STATES 

JULY 15, 2015 

Received; read twice and referred to the Committee on Agriculture, Nutrition, 

and Forestry 

AN ACT 

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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1 SECTION 1. SHORT TITLE. 

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

3 and Clearinghouse Indemnification Correction Act of 

4 2015’’. 

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 of such 

18 Act (7 U.S.C. 24a) is amended— 

19 (1) in subsection (c)(7)— 

20 (A) in the matter preceding subparagraph 

21 (A), by striking ‘‘all’’ and inserting ‘‘swap’’; 

22 and 

23 (B) in subparagraph (E)— 

24 (i) in clause (ii), by striking ‘‘and’’ at 

25 the end; and 


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1 (ii) by adding at the end the fol2 lowing: 

3 ‘‘(iv) other foreign authorities; and’’; 

4 and 

5 (2) by striking subsection (d) and inserting the 

6 following: 

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

8 swap data repository may share information with any enti9 ty described in subsection (c)(7), the swap data repository 

10 shall receive a written agreement from each entity stating 

11 that the entity shall abide by the confidentiality require12 ments described in section 8 relating to the information 

13 on swap transactions that is provided.’’. 

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

15 Section 13(n)(5) of the Securities Exchange Act of 1934 

16 25 (15 U.S.C. 78m(n)(5)) is amended— 

17 (1) in subparagraph (G)— 

18 (A) in the matter preceding clause (i), by 

19 striking ‘‘all’’ and inserting ‘‘security-based 

20 swap’’; and 

21 (B) in subclause (v)— 

22 (i) in subclause (II), by striking ‘‘; 

23 and’’ and inserting a semicolon; 


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HR 1847 RFS

1 (ii) in subclause (III), by striking the 

2 period at the end and inserting ‘‘; and’’; 

3 and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(IV) other foreign authorities.’’; 

7 and 

8 (2) by striking subparagraph (H) and inserting 

9 the following: 

10 ‘‘(H) CONFIDENTIALITY AGREEMENT.— 

11 Before the security-based swap data repository 

12 may share information with any entity de13 scribed in subparagraph (G), the security-based 

14 swap data repository shall receive a written 

15 agreement from each entity stating that the en16 tity shall abide by the confidentiality require17 ments described in section 24 relating to the in18 formation on security-based swap transactions 

19 that is provided.’’. 

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

21 this Act shall take effect as if enacted as part of the DoddVerDate Sep 11 2014 23:42 Jul 15, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1847.RFS H1847

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1 Frank Wall Street Reform and Consumer Protection Act 

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

Passed the House of Representatives July 14, 2015. 

Attest: KAREN L. HAAS, 

Clerk. 


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