---
kind: "section"
citation: "7 U.S.C. § 6r"
title: "7"
title_heading: "Agriculture"
number: "6r"
heading: "Reporting and recordkeeping for uncleared swaps"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/6r"
units:
  - "Chapter 1 — Commodity Exchanges"
---

# §6r. Reporting and recordkeeping for uncleared swaps

- (a) **Required reporting of swaps not accepted by any derivatives clearing organization—**
  - (1) **In general—** Each [swap](/usc/7/1a.md?p=47-A) that is not accepted for clearing by any [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall be reported to—
    - (A) a [swap data repository](/usc/7/1a.md?p=48) described in [section 24a of this title](/usc/7/24a.md); or
    - (B) in the case in which there is no [swap data repository](/usc/7/1a.md?p=48) that would accept the [swap](/usc/7/1a.md?p=47-A), to the [Commission](/usc/7/1a.md?p=8) pursuant to this section within such time period as the [Commission](/usc/7/1a.md?p=8) may by rule or regulation prescribe.
  - (2) **Transition rule for preenactment swaps—**
    - (A) **Swaps entered into before July 21, 2010—** Each [swap](/usc/7/1a.md?p=47-A) entered into before July 21, 2010, the terms of which have not expired as of July 21, 2010, shall be reported to a registered [swap data repository](/usc/7/1a.md?p=48) or the [Commission](/usc/7/1a.md?p=8) by a date that is not later than—
      - (i) 30 days after issuance of the interim final rule; or
      - (ii) such other period as the [Commission](/usc/7/1a.md?p=8) determines to be appropriate.
    - (B) **Commission rulemaking—** The [Commission](/usc/7/1a.md?p=8) shall promulgate an interim final rule within 90 days of July 21, 2010, providing for the reporting of each [swap](/usc/7/1a.md?p=47-A) entered into before July 21, 2010.
    - (C) **Effective date—** The reporting provisions described in this section shall be effective upon the enactment of this section.
  - (3) **Reporting obligations—**
    - (A) **Swaps in which only 1 counterparty is a swap dealer or major swap participant—** With respect to a [swap](/usc/7/1a.md?p=47-A) in which only 1 counterparty is a [swap dealer](/usc/7/1a.md?p=49-A) or [major swap participant](/usc/7/1a.md?p=33-A), the [swap dealer](/usc/7/1a.md?p=49-A) or [major swap participant](/usc/7/1a.md?p=33-A) shall report the [swap](/usc/7/1a.md?p=47-A) as required under paragraphs [(1)](#a-1) and [(2)](#a-2).
    - (B) **Swaps in which 1 counterparty is a swap dealer and the other a major swap participant—** With respect to a [swap](/usc/7/1a.md?p=47-A) in which 1 counterparty is a [swap dealer](/usc/7/1a.md?p=49-A) and the other a [major swap participant](/usc/7/1a.md?p=33-A), the [swap dealer](/usc/7/1a.md?p=49-A) shall report the [swap](/usc/7/1a.md?p=47-A) as required under paragraphs [(1)](#a-1) and [(2)](#a-2).
    - (C) **Other swaps—** With respect to any other [swap](/usc/7/1a.md?p=47-A) not described in subparagraph [(A)](#a-3-A) or [(B)](#a-3-B), the counterparties to the [swap](/usc/7/1a.md?p=47-A) shall select a counterparty to report the [swap](/usc/7/1a.md?p=47-A) as required under paragraphs [(1)](#a-1) and [(2)](#a-2).
- (b) **Duties of certain individuals—** Any individual or entity that enters into a [swap](/usc/7/1a.md?p=47-A) shall meet each requirement described in [subsection (c)](#c) if the individual or entity did not—
  - (1) clear the [swap](/usc/7/1a.md?p=47-A) in accordance with [section 2(h)(1) of this title](/usc/7/2.md?p=h-1); or
  - (2) have the data regarding the [swap](/usc/7/1a.md?p=47-A) accepted by a [swap data repository](/usc/7/1a.md?p=48) in accordance with rules (including timeframes) adopted by the [Commission](/usc/7/1a.md?p=8) under [section 24a of this title](/usc/7/24a.md).
- (c) **Requirements—** An individual or entity described in [subsection (b)](#b) shall—
  - (1) upon written request from the [Commission](/usc/7/1a.md?p=8), provide reports regarding the [swaps](/usc/7/1a.md?p=47-A) held by the individual or entity to the [Commission](/usc/7/1a.md?p=8) in such form and in such manner as the [Commission](/usc/7/1a.md?p=8) may request; and
  - (2) maintain books and records pertaining to the [swaps](/usc/7/1a.md?p=47-A) held by the individual or entity in such form, in such manner, and for such period as the [Commission](/usc/7/1a.md?p=8) may require, which shall be open to inspection by—
    - (A) any representative of the [Commission](/usc/7/1a.md?p=8);
    - (B) an appropriate [prudential regulator](/usc/7/1a.md?p=39);
    - (C) the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8);
    - (D) the Financial Stability Oversight Council; and
    - (E) the Department of Justice.
- (d) **Identical data—** In prescribing rules under this section, the [Commission](/usc/7/1a.md?p=8) shall require individuals and entities described in [subsection (b)](#b) to submit to the [Commission](/usc/7/1a.md?p=8) a report that contains data that is not less comprehensive than the data required to be collected by [swap data repositories](/usc/7/1a.md?p=48) under [section 24a of this title](/usc/7/24a.md).

## Source credit

(Sept. 21, 1922, ch. 369, § 4r, as added Pub. L. 111–203, title VII, § 729, July 21, 2010, 124 Stat. 1701.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on the later of 360 days after July 21, 2010, or, to the extent a provision of subtitle A (§§ 711–754) of title VII of Pub. L. 111–203 requires a rulemaking, not less than 60 days after publication of the final rule or regulation implementing such provision of subtitle A, see section 754 of Pub. L. 111–203, set out as an Effective Date of 2010 Amendment note under section 1a of this title.
