Page:United States Statutes at Large Volume 124.djvu/1771

 124 STAT. 1745 PUBLIC LAW 111–203—JULY 21, 2010 ‘‘(B) EFFECT.—Nothing in this paragraph is intended to limit the ability of the Attorney General to present such evidence to a grand jury or to share such evidence with potential witnesses or defendants in the course of an ongoing criminal investigation. ‘‘(C) AVAILABILITY TO GOVERNMENT AGENCIES.— ‘‘(i) IN GENERAL.—Without the loss of its status as confidential in the hands of the Commission, all information referred to in subparagraph (A) may, in the discretion of the Commission, when determined by the Commission to be necessary or appropriate to accomplish the purposes of this Act and protect cus- tomers and in accordance with clause (ii), be made available to— ‘‘(I) the Department of Justice; ‘‘(II) an appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction; ‘‘(III) a registered entity, registered futures association, or self-regulatory organization as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); ‘‘(IV) a State attorney general in connection with any criminal investigation; ‘‘(V) an appropriate department or agency of any State, acting within the scope of its jurisdic- tion; and ‘‘(VI) a foreign futures authority. ‘‘(ii) MAINTENANCE OF INFORMATION.—Each of the entities, agencies, or persons described in clause (i) shall maintain information described in that clause as confidential, in accordance with the requirements in subparagraph (A). ‘‘(iii) STUDY ON IMPACT OF FOIA EXEMPTION ON COMMODITY FUTURES TRADING COMMISSION.— ‘‘(I) STUDY.—The Inspector General of the Commission shall conduct a study— ‘‘(aa) on whether the exemption under sec- tion 552(b)(3) of title 5, United States Code (known as the Freedom of Information Act) established in paragraph (2)(A) aids whistle- blowers in disclosing information to the Commission; ‘‘(bb) on what impact the exemption has had on the public’s ability to access informa- tion about the Commission’s regulation of com- modity futures and option markets; and ‘‘(cc) to make any recommendations on whether the Commission should continue to use the exemption. ‘‘(II) REPORT.—Not later than 30 months after the date of enactment of this clause, the Inspector General shall— ‘‘(aa) submit a report on the findings of the study required under this clause to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on