Pub. L. 111-203, tit. IX, subtit. I, sec. 984
LOAN OR BORROWING OF SECURITIES.
SEC. 984. LOAN OR BORROWING OF SECURITIES.(a) Rulemaking Authority.—Section 10 of the Securities Exchange Act of 1934 (15 U.S.C. 78j) is amended by adding at the end the following:“(c)(1) To effect, accept, or facilitate a transaction involving the loan or borrowing of securities in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors.“(2) Nothing in paragraph (1) may be construed to limit the authority of the appropriate Federal banking agency (as 124 STAT. 1933 defined in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q))), the National Credit Union Administration, or any other Federal department or agency having a responsibility under Federal law to prescribe rules or regulations restricting transactions involving the loan or borrowing of securities in order to protect the safety and soundness of a financial institution or to protect the financial system from systemic risk.”.(b) Rulemaking Required.—Not later than 2 years after the date of enactment of this Act, the Commission shall promulgate rules that are designed to increase the transparency of information available to brokers, dealers, and investors, with respect to the loan or borrowing of securities.