[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 876 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 876
To amend the Commodity Exchange Act to specify how clearing
requirements apply to certain affiliate transactions.
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IN THE SENATE OF THE UNITED STATES
March 26, 2015
Mr. Roberts introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
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A BILL
To amend the Commodity Exchange Act to specify how clearing
requirements apply to certain affiliate transactions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TREATMENT OF AFFILIATE TRANSACTIONS.
(a) In General.--
(1) Commodity exchange act amendment.--Section 2(h)(7)(D)
of the Commodity Exchange Act (7 U.S.C. 2(h)(7)(D)) is amended
by striking clause (i) and inserting the following:
``(i) In general.--An affiliate of a person
that qualifies for an exception under
subparagraph (A) (including affiliate entities
predominantly engaged in providing financing
for the purchase of the merchandise or
manufactured goods of the person) may qualify
for the exception only if the affiliate enters
into the swap to hedge or mitigate the
commercial risk of the person or other
affiliate of the person that is not a financial
entity, provided that if the hedge or
mitigation of the commercial risk is addressed
by entering into a swap with a swap dealer or
major swap participant, an appropriate credit
support measure or other mechanism must be
used.''.
(2) Conforming amendment.--Section 3C(g)(4) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c-3(g)(4)) is
amended by striking subparagraph (A) and inserting the
following:
``(A) In general.--An affiliate of a person that
qualifies for an exception under paragraph (1)
(including affiliate entities predominantly engaged in
providing financing for the purchase of the merchandise
or manufactured goods of the person) may qualify for
the exception only if the affiliate enters into the
security-based swap to hedge or mitigate the commercial
risk of the person or other affiliate of the person
that is not a financial entity, provided that if the
hedge or mitigation of the commercial risk is addressed
by entering into a security-based swap with a security-
based swap dealer or major security-based swap
participant, an appropriate credit support measure or
other mechanism must be used.''.
(b) Applicability of Credit Support Measure Requirement.--The
requirements in section 2(h)(7)(D)(i) of the Commodity Exchange Act and
section 3C(g)(4)(A) of the Securities Exchange Act of 1934, as amended
by subsection (a), requiring that a credit support measure or other
mechanism be used if the transfer of commercial risk referred to in
those sections is addressed by entering into a swap with a swap dealer
or major swap participant or a security-based swap with a security-
based swap dealer or major security-based swap participant, as
appropriate, shall not apply with respect to swaps or security-based
swaps, as appropriate, entered into before the date of enactment of
this Act.
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