Library / Laws / 113th / hr / H.R. 4330 / Introduced in House
I
113th CONGRESS
2d Session
H. R. 4330
IN THE HOUSE OF REPRESENTATIVES
March 27, 2014
Mr. Rodney Davis of Illinois (for himself, Mr. Vargas, Mr. Hudson, Mr. Vela, Mr. Neugebauer, and Mr. Gallego) introduced the following bill; which was referred to the Committee on Agriculture
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.
1.
Short title
This Act may be cited as the Business Risk Planning Act.
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—
(1) in subparagraph (C), by striking The Commission and inserting Except as provided in subparagraph (D), the Commission; and
(2) 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.
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