Page:United States Statutes at Large Volume 124.djvu/1719

 124 STAT. 1693 PUBLIC LAW 111–203—JULY 21, 2010 (e) REPORTING REQUIREMENTS.—Section 5b of the Commodity Exchange Act (7 U.S.C. 7a–1) (as amended by subsection (b)) is amended by adding at the end the following: ‘‘(k) REPORTING REQUIREMENTS.— ‘‘(1) DUTY OF DERIVATIVES CLEARING ORGANIZATIONS.—Each derivatives clearing organization that clears swaps shall provide to the Commission all information that is determined by the Commission to be necessary to perform each responsibility of the Commission under this Act. ‘‘(2) DATA COLLECTION AND MAINTENANCE REQUIREMENTS.— The Commission shall adopt data collection and maintenance requirements for swaps cleared by derivatives clearing organizations that are comparable to the corresponding require- ments for— ‘‘(A) swaps data reported to swap data repositories; and ‘‘(B) swaps traded on swap execution facilities. ‘‘(3) REPORTS ON SECURITY-BASED SWAP AGREEMENTS TO BE SHARED WITH THE SECURITIES AND EXCHANGE COMMISSION.— ‘‘(A) IN GENERAL.—A derivatives clearing organization that clears security-based swap agreements (as defined in section 1a(47)(A)(v)) shall, upon request, open to inspec- tion and examination to the Securities and Exchange Commission all books and records relating to such security- based swap agreements, consistent with the confidentiality and disclosure requirements of section 8. ‘‘(B) JURISDICTION.—Nothing in this paragraph shall affect the exclusive jurisdiction of the Commission to pre- scribe recordkeeping and reporting requirements for a derivatives clearing organization that is registered with the Commission. ‘‘(4) INFORMATION SHARING.—Subject to section 8, and upon request, the Commission shall share information collected under paragraph (2) with— ‘‘(A) the Board; ‘‘(B) the Securities and Exchange Commission; ‘‘(C) each appropriate prudential regulator; ‘‘(D) the Financial Stability Oversight Council; ‘‘(E) the Department of Justice; and ‘‘(F) any other person that the Commission determines to be appropriate, including— ‘‘(i) foreign financial supervisors (including foreign futures authorities); ‘‘(ii) foreign central banks; and ‘‘(iii) foreign ministries. ‘‘(5) CONFIDENTIALITY AND INDEMNIFICATION AGREEMENT.— Before the Commission may share information with any entity described in paragraph (4)— ‘‘(A) 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; and ‘‘(B) each entity shall agree to indemnify the Commis- sion for any expenses arising from litigation relating to the information provided under section 8.