1. Short title
This Act may be cited as the “Business Risk Planning Act”.
Business Risk Planning Act
A BILL
To amend the Commodity Exchange Act to ensure that the treatment of illiquid swaps does not disadvantage certain non-financial end users who use them to manage business risk.
2. Treatment of illiquid swaps so as to not disadvantage certain non-financial end users
Section 2(a)(13) of the Commodity Exchange Act (7 U.S.C. 2(a)(13)) is amended—
in subparagraph (C), by striking “The Commission” and inserting “Except as provided in subparagraph (D), the Commission”; and
by redesignating subparagraphs (D) through (G) as subparagraphs (E) through (H), respectively, and inserting after subparagraph (C) the following:
“(D) Requirements for swap transactions in illiquid markets—Notwithstanding subparagraph (C):
“(i) The Commission shall provide by rule for the public reporting of swap transactions, including price and volume data, in illiquid markets that are not cleared and entered into by a non-financial entity that is hedging or mitigating commercial risk in accordance with subsection (h)(7)(A).
“(ii) The Commission shall ensure that the swap transaction information referred to in clause (i) of this subparagraph is available to the public no sooner than 30 days after the swap transaction has been executed or at such later date as the Commission determines appropriate to protect the identity of participants and positions in illiquid markets and to prevent the elimination or reduction of market liquidity.
“(iii) In this subparagraph, the term illiquid markets means any market in which there is relatively little volume and infrequent trading in swaps.”