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H. Rept. 115-405 1 (2017-11-09)

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                   115TH CONGRESS                                     REPORT
                      1st Session   HOUSE OF REPRESENTATIVES          115-405





                            MARKET DATA PROTECTION ACT OF 2017


                   NOVEMBER 9, 2017.-Committed to the Committee of the Whole House on the State
                                    of the Union and ordered to be printed


                      Mr. HENSARLING, from the Committee on Financial Services,
                                       submitted the following


                                          REPORT

                                        [To accompany H.R. 3973]

                            [Including cost estimate of the Congressional Budget Office]
                     The Committee on Financial Services, to whom was referred the
                   bill (H.R. 3973) to amend the Securities Exchange Act of 1934 to
                   require certain entities to develop internal risk control mechanisms
                   to safeguard and govern the storage of market data, having consid-
                   ered the same, report favorably thereon without amendment and
                   recommend that the bill do pass.
                                       PURPOSE AND SUMMARY
                     On October 5, 2017, Representatives Warren Davidson and Brad
                   Sherman introduced H.R. 3973, the Market Data Protection Act of
                   2017, which amends the Securities Exchange Act of 1934 (Ex-
                   change Act) to require, in consultation with the Securities and Ex-
                   change Commission's (SEC) Chief Economist, the development of
                   comprehensive internal risk control mechanisms to safeguard and
                   govern the storage and use of market data by the SEC and the op-
                   erators of the consolidated audit trail (CAT). The bill also halts
                   market data reporting to the CAT until such internal risk control
                   mechanisms are developed for the CAT.

                               BACKGROUND AND NEED FOR LEGISLATION
                     On July 11, 2012, the SEC approved a final rule to require ex-
                   changes and the Financial Industry Regulatory Authority (FINRA)
                   to jointly submit a comprehensive plan detailing how they would
                   develop, implement, and maintain a consolidated audit trail that
                   must collect and accurately identify every order, cancellation, modi-
                      79-006

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