Page:United States Statutes at Large Volume 124.djvu/1720

124 STAT. 1694 PUBLIC LAW 111–203—JULY 21, 2010 ‘‘(6) PUBLIC INFORMATION.—Each derivatives clearing organization that clears swaps shall provide to the Commission (including any designee of the Commission) information under paragraph (2) in such form and at such frequency as is required by the Commission to comply with the public reporting require- ments contained in section 2(a)(13).’’. (f) PUBLIC DISCLOSURE.—Section 8(e) of the Commodity Exchange Act (7 U.S.C. 12(e)) is amended in the last sentence— (1) by inserting ‘‘, central bank and ministries,’’ after ‘‘department’’ each place it appears; and (2) by striking ‘‘. is a party.’’ and inserting ‘‘, is a party.’’. (g) LEGAL CERTAINTY FOR IDENTIFIED BANKING PRODUCTS.— (1) REPEALS.—The Legal Certainty for Bank Products Act of 2000 (7 U.S.C. 27 et seq.) is amended— (A) by striking sections 404 and 407 (7 U.S.C. 27b, 27e); (B) in section 402 (7 U.S.C. 27), by striking subsection (d); and (C) in section 408 (7 U.S.C. 27f)— (i) in subsection (c)— (I) by striking ‘‘in the case’’ and all that follows through ‘‘a hybrid’’ and inserting ‘‘in the case of a hybrid’’; (II) by striking ‘‘; or’’ and inserting a period; and (III) by striking paragraph (2); (ii) by striking subsection (b); and (iii) by redesignating subsection (c) as subsection (b). (2) LEGAL CERTAINTY FOR BANK PRODUCTS ACT OF 2000.— Section 403 of the Legal Certainty for Bank Products Act of 2000 (7 U.S.C. 27a) is amended to read as follows: ‘‘SEC. 403. EXCLUSION OF IDENTIFIED BANKING PRODUCT. ‘‘(a) EXCLUSION.—Except as provided in subsection (b) or (c)— ‘‘(1) the Commodity Exchange Act (7 U.S.C. 1 et seq.) shall not apply to, and the Commodity Futures Trading Commission shall not exercise regulatory authority under the Commodity Exchange Act (7 U.S.C. 1 et seq.) with respect to, an identified banking product; and ‘‘(2) the definitions of ‘security-based swap’ in section 3(a)(68) of the Securities Exchange Act of 1934 and ‘security- based swap agreement’ in section 1a(47)(A)(v) of the Commodity Exchange Act and section 3(a)(78) of the Securities Exchange Act of 1934 do not include any identified bank product. ‘‘(b) EXCEPTION.—An appropriate Federal banking agency may except an identified banking product of a bank under its regulatory jurisdiction from the exclusion in subsection (a) if the agency deter- mines, in consultation with the Commodity Futures Trading Commission and the Securities and Exchange Commission, that the product— ‘‘(1) would meet the definition of a ‘swap’ under section 1a(47) of the Commodity Exchange Act (7 U.S.C. 1a) or a ‘security-based swap’ under that section 3(a)(68) of the Securi- ties Exchange Act of 1934; and ‘‘(2) has become known to the trade as a swap or security- based swap, or otherwise has been structured as an identified