Page:United States Statutes at Large Volume 124.djvu/1684

124 STAT. 1658 PUBLIC LAW 111–203—JULY 21, 2010 (2) Such memorandum and any subsequent amendments to the memorandum shall be promptly submitted to the appropriate committees of Congress. (b) The Commodity Futures Trading Commission and the Fed- eral Energy Regulatory Commission shall, not later than 180 days after the date of the enactment of this section, negotiate a memo- randum of understanding to share information that may be requested where either Commission is conducting an investigation into potential manipulation, fraud, or market power abuse in mar- kets subject to such Commission’s regulation or oversight. Shared information shall remain subject to the same restrictions on disclo- sure applicable to the Commission initially holding the information. PART II—REGULATION OF SWAP MARKETS SEC. 721. DEFINITIONS. (a) IN GENERAL.—Section 1a of the Commodity Exchange Act (7 U.S.C. 1a) is amended— (1) by redesignating paragraphs (2), (3) and (4), (5) through (17), (18) through (23), (24) through (28), (29), (30), (31) through (33), and (34) as paragraphs (6), (8) and (9), (11) through (23), (26) through (31), (34) through (38), (40), (41), (44) through (46), and (51), respectively; (2) by inserting after paragraph (1) the following: ‘‘(2) APPROPRIATE FEDERAL BANKING AGENCY.—The term ‘appropriate Federal banking agency’— ‘‘(A) has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); ‘‘(B) means the Board in the case of a noninsured State bank; and ‘‘(C) is the Farm Credit Administration for farm credit system institutions. ‘‘(3) ASSOCIATED PERSON OF A SECURITY-BASED SWAP DEALER OR MAJOR SECURITY-BASED SWAP PARTICIPANT.—The term ‘asso- ciated person of a security-based swap dealer or major security- based swap participant’ has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). ‘‘(4) ASSOCIATED PERSON OF A SWAP DEALER OR MAJOR SWAP PARTICIPANT.— ‘‘(A) IN GENERAL.—The term ‘associated person of a swap dealer or major swap participant’ means a person who is associated with a swap dealer or major swap partici- pant as a partner, officer, employee, or agent (or any person occupying a similar status or performing similar functions), in any capacity that involves— ‘‘(i) the solicitation or acceptance of swaps; or ‘‘(ii) the supervision of any person or persons so engaged. ‘‘(B) EXCLUSION.—Other than for purposes of section 4s(b)(6), the term ‘associated person of a swap dealer or major swap participant’ does not include any person associ- ated with a swap dealer or major swap participant the functions of which are solely clerical or ministerial. ‘‘(5) BOARD.—The term ‘Board’ means the Board of Gov- ernors of the Federal Reserve System.’’; Deadline.