Page:United States Statutes at Large Volume 124.djvu/1599

124 STAT. 1573 PUBLIC LAW 111–203—JULY 21, 2010 ‘‘(B) AVAILABILITY OF RECORDS.—An investment adviser registered under this title shall make available to the Commission any copies or extracts from such records as may be prepared without undue effort, expense, or delay, as the Commission or its representatives may reasonably request. ‘‘(7) INFORMATION SHARING.— ‘‘(A) IN GENERAL.—The Commission shall make avail- able to the Council copies of all reports, documents, records, and information filed with or provided to the Commission by an investment adviser under this subsection as the Council may consider necessary for the purpose of assessing the systemic risk posed by a private fund. ‘‘(B) CONFIDENTIALITY.—The Council shall maintain the confidentiality of information received under this para- graph in all such reports, documents, records, and informa- tion, in a manner consistent with the level of confidentiality established for the Commission pursuant to paragraph (8). The Council shall be exempt from section 552 of title 5, United States Code, with respect to any information in any report, document, record, or information made avail- able, to the Council under this subsection.’’. ‘‘(8) COMMISSION CONFIDENTIALITY OF REPORTS.—Notwith- standing any other provision of law, the Commission may not be compelled to disclose any report or information contained therein required to be filed with the Commission under this subsection, except that nothing in this subsection authorizes the Commission— ‘‘(A) to withhold information from Congress, upon an agreement of confidentiality; or ‘‘(B) prevent the Commission from complying with— ‘‘(i) a request for information from any other Fed- eral department or agency or any self-regulatory organization requesting the report or information for purposes within the scope of its jurisdiction; or ‘‘(ii) an order of a court of the United States in an action brought by the United States or the Commis- sion. ‘‘(9) OTHER RECIPIENTS CONFIDENTIALITY.—Any depart- ment, agency, or self-regulatory organization that receives reports or information from the Commission under this sub- section shall maintain the confidentiality of such reports, docu- ments, records, and information in a manner consistent with the level of confidentiality established for the Commission under paragraph (8). ‘‘(10) PUBLIC INFORMATION EXCEPTION.— ‘‘(A) IN GENERAL.—The Commission, the Council, and any other department, agency, or self-regulatory organiza- tion that receives information, reports, documents, records, or information from the Commission under this subsection, shall be exempt from the provisions of section 552 of title 5, United States Code, with respect to any such report, document, record, or information. Any proprietary informa- tion of an investment adviser ascertained by the Commis- sion from any report required to be filed with the Commis- sion pursuant to this subsection shall be subject to the same limitations on public disclosure as any facts