Sec. 110. System safeguards
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Section 5(d)(20) of the Commodity Exchange Act ( 7 U.S.C. 7(d)(20) ) is amended— in subparagraph (A), by striking through and all that follows and inserting through— the implementation of appropriate controls and procedures; and the development and operation of automated systems that— are reliable, secure, and resilient; have adequate scalable capacity; and maintain the confidentiality, integrity, and availability of the data they contain; ; and in subparagraph (C), by striking tests to and all that follows and inserting tests to— verify the reliability, security, resilience, and capacity of the board of trade’s automated systems; verify the confidentiality, integrity, and availability of the data contained in those systems; and verify that backup resources are sufficient to ensure continued order processing and trade matching, price reporting, market surveillance, and maintenance of a comprehensive and accurate audit trail. .
Section 5b(c)(2)(I) of such Act ( 7 U.S.C. 7a–1(c)(2)(I) ) is amended— in clause (i), by striking through the and all that follows and inserting through the— implementation of appropriate controls and procedures; and development and operation of automated systems that— are reliable, secure, and resilient; have adequate scalable capacity; and maintain the confidentiality, integrity, and availability of the data that they contain; ; in clause (ii), by striking allows and inserting allow ; and in clause (iii), by striking tests to and all that follows and inserting tests to— verify the reliability, security, resilience, and capacity of the derivatives clearing organization’s automated systems; verify the confidentiality, integrity, and availability of the data contained in those systems; and verify that the backup resources of the derivatives clearing organization are sufficient to ensure daily processing, clearing, and settlement. .
Section 5h(f)(14) of such Act ( 7 U.S.C. 7b-3(f)(14) ) is amended— in subparagraph (A), by striking through and all that follows and inserting through— the implementation of appropriate controls and procedures; and the development and operation of automated systems that— are reliable, secure, and resilient; have adequate scalable capacity; and maintain the confidentiality, integrity, and availability of the data they contain; ; and in subparagraph (C), by striking tests to and all that follows and inserting tests to— verify the reliability, security, resilience, and capacity of the swap execution facility’s automated systems; verify the confidentiality, integrity, and availability of the data contained in those systems; and verify that backup resources are sufficient to ensure continued order processing and trade matching, price reporting, market surveillance, and maintenance of a comprehensive and accurate audit trail. .
Section 21(f) of such Act ( 7 U.S.C. 24a(f) ) is amended by redesignating paragraph
(4)as paragraph
(5)and inserting after paragraph
(3)the following: Each swap data repository shall— establish and maintain a program of risk analysis and oversight to identify and minimize sources of operational risk, through— the implementation of appropriate controls and procedures; and the development and operation of automated systems that— are reliable, secure, and resilient; have adequate scalable capacity; and maintain the confidentiality, integrity, and availability of the data they contain; establish and maintain emergency procedures, backup facilities, and a plan for disaster recovery that allow for— the timely recovery and resumption of operations; and the fulfillment of the responsibilities and obligations of the swap data repository; and periodically conduct tests to— verify the reliability, security, resilience, and capacity of the automated systems of the swap data repository; verify the confidentiality, integrity, and availability of the data contained in those systems; and verify that backup resources are sufficient to ensure continued fulfillment of all duties and obligations of the swap data repository established by this Act or the regulations of the Commission. .
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- 7 USC 7a–1(c)(2)(I)
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