Page:United States Statutes at Large Volume 124.djvu/1725

 124 STAT. 1699 PUBLIC LAW 111–203—JULY 21, 2010 ‘‘(7) on a confidential basis pursuant to section 8, upon request, and after notifying the Commission of the request, make available all data obtained by the swap data repository, including individual counterparty trade and position data, to— ‘‘(A) each appropriate prudential regulator; ‘‘(B) the Financial Stability Oversight Council; ‘‘(C) the Securities and Exchange Commission; ‘‘(D) the Department of Justice; and ‘‘(E) 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; and ‘‘(8) establish and maintain emergency procedures, backup facilities, and a plan for disaster recovery that allows for the timely recovery and resumption of operations and the fulfill- ment of the responsibilities and obligations of the organization. ‘‘(d) CONFIDENTIALITY AND INDEMNIFICATION AGREEMENT.— Before the swap data repository may share information with any entity described in subsection (c)(7)— ‘‘(1) the swap data repository shall receive a written agree- ment 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 ‘‘(2) each entity shall agree to indemnify the swap data repository and the Commission for any expenses arising from litigation relating to the information provided under section 8. ‘‘(e) DESIGNATION OF CHIEF COMPLIANCE OFFICER.— ‘‘(1) IN GENERAL.—Each swap data repository shall des- ignate an individual to serve as a chief compliance officer. ‘‘(2) DUTIES.—The chief compliance officer shall— ‘‘(A) report directly to the board or to the senior officer of the swap data repository; ‘‘(B) review the compliance of the swap data repository with respect to the requirements and core principles described in this section; ‘‘(C) in consultation with the board of the swap data repository, a body performing a function similar to the board of the swap data repository, or the senior officer of the swap data repository, resolve any conflicts of interest that may arise; ‘‘(D) be responsible for administering each policy and procedure that is required to be established pursuant to this section; ‘‘(E) ensure compliance with this Act (including regula- tions) relating to agreements, contracts, or transactions, including each rule prescribed by the Commission under this section; ‘‘(F) establish procedures for the remediation of non- compliance issues identified by the chief compliance officer through any— ‘‘(i) compliance office review; ‘‘(ii) look-back; ‘‘(iii) internal or external audit finding; ‘‘(iv) self-reported error; or