1. Short title
This Act may be cited as the “Swap Data Repository and Clearinghouse Indemnification Correction Act of 2013”.
Swap Data Repository and Clearinghouse Indemnification Correction Act of 2013
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.
2. Repeal of indemnification requirements
Derivatives clearing organizations— Section 5b(k)(5) of the Commodity Exchange Act (7 U.S.C. 7a–1(k)(5)) is amended to read as follows:
“(5) Confidentiality agreement—Before the Commission may share information with any entity described in paragraph (4), the Commission 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.”
Swap data repositories— Section 21(d) of the Commodity Exchange Act (7 U.S.C. 24a(d)) is amended to read as follows:
“(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.”
Security-Based swap data repositories— Section 13(n)(5)(H) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(n)(5)(H)) is amended to read as follows:
“(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.”
Effective date— The amendments made by this Act shall take effect as if enacted as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111–203) on July 21, 2010.