---
kind: "section"
citation: "7 U.S.C. § 2"
title: "7"
title_heading: "Agriculture"
number: "2"
heading: "Jurisdiction of Commission; liability of principal for act of agent; Commodity Futures Trading Commission; transaction in interstate commerce"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/2"
units:
  - "Chapter 1 — Commodity Exchanges"
---

# §2. Jurisdiction of Commission; liability of principal for act of agent; Commodity Futures Trading Commission; transaction in interstate commerce

- (a) **Jurisdiction of Commission; Commodity Futures Trading Commission—**
  - (1) **Jurisdiction of Commission—**
    - (A) **In general—** The [Commission](/usc/7/1a.md?p=8) shall have exclusive jurisdiction, except to the extent otherwise provided in the Wall Street Transparency and Accountability Act of 2010 (including an amendment made by that Act) and subparagraphs (C), (D), and (I) of this paragraph and subsections [(c)](#c) and [(f)](#f), with respect to accounts, agreements (including any transaction which is of the character of, or is commonly known to the trade as, an “[option](/usc/7/1a.md?p=36)”, “[privilege](/usc/7/1a.md?p=36)”, “[indemnity](/usc/7/1a.md?p=36)”, “[bid](/usc/7/1a.md?p=36)”, “[offer](/usc/7/1a.md?p=36)”, “[put](/usc/7/1a.md?p=36)”, “[call](/usc/7/1a.md?p=36)”, “[advance guaranty](/usc/7/1a.md?p=36)”, or “[decline guaranty](/usc/7/1a.md?p=36)”), and transactions involving [swaps](/usc/7/1a.md?p=47-A) or contracts of sale of a [commodity](/usc/7/1a.md?p=9) for [future delivery](/usc/7/1a.md?p=27) (including [significant price discovery contracts](/usc/7/1a.md?p=46)), traded or executed on a contract [market](/usc/7/198.md?p=1) designated pursuant to [section 7 of this title](/usc/7/7.md) or a [swap execution facility](/usc/7/1a.md?p=50) pursuant to [section 7b–3 of this title](/usc/7/7b–3.md) or any other [board of trade](/usc/7/1a.md?p=6), [exchange](/usc/7/1a.md?p=1-D), or [market](/usc/7/198.md?p=1), and transactions subject to regulation by the [Commission](/usc/7/1a.md?p=8) pursuant to [section 23 of this title](/usc/7/23.md). Except as hereinabove provided, nothing contained in this section shall (I) supersede or limit the jurisdiction at any time conferred on the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) or other regulatory authorities under the laws of the United States or of any [State](/usc/7/198.md?p=5), or (II) restrict the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) and such other authorities from carrying out their duties and responsibilities in accordance with such laws. Nothing in this section shall supersede or limit the jurisdiction conferred on courts of the United States or any [State](/usc/7/198.md?p=5).
    - (B) **Liability of principal for act of agent—** The act, omission, or failure of any official, agent, or other [person](/usc/7/1a.md?p=38) acting for any individual, association, partnership, corporation, or trust within the scope of his [employment](/usc/7/499a.md?p=b-10) or office shall be deemed the act, omission, or failure of such individual, association, partnership, corporation, or trust, as well as of such official, agent, or other [person](/usc/7/1a.md?p=38).
    - (C) **Designation of boards of trade as contract markets; contracts for future delivery; security futures products; filing with Board of Governors of Federal Reserve System; judicial review—** Notwithstanding any other provision of law—
      - (i)
        - (I) Except as provided in [subclause (II)](#a-1-C-i-II), this chapter shall not apply to and the [Commission](/usc/7/1a.md?p=8) shall have no jurisdiction to designate a [board of trade](/usc/7/1a.md?p=6) as a contract [market](/usc/7/198.md?p=1) for any transaction whereby any party to such transaction acquires any [put](/usc/7/1a.md?p=36), [call](/usc/7/1a.md?p=36), or other [option](/usc/7/1a.md?p=36) on one or more [securities](/usc/7/1a.md?p=41) (as defined in section 77b(1)[^1] of title 15 or section 3(a)(10) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78c(a)(10)](/usc/15/78c.md?p=a-10)] on January 11, 1983), including any group or index of such [securities](/usc/7/1a.md?p=41), or any interest therein or based on the value thereof.
        - (II) This chapter shall apply to and the [Commission](/usc/7/1a.md?p=8) shall have jurisdiction with respect to accounts, agreements, and transactions involving, and may permit the listing for trading pursuant to [section 7a–2(c) of this title](/usc/7/7a–2.md?p=c) of, a [put](/usc/7/1a.md?p=36), [call](/usc/7/1a.md?p=36), or other [option](/usc/7/1a.md?p=36) on 1 or more [securities](/usc/7/1a.md?p=41) (as defined in [section 77b(a)(1) of title 15](/usc/15/77b.md?p=a-1) or section 3(a)(10) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78c(a)(10)](/usc/15/78c.md?p=a-10)] on January 11, 1983), including any group or index of such [securities](/usc/7/1a.md?p=41), or any interest therein or based on the value thereof, that is exempted by the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) pursuant to section 36(a)(1) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78mm(a)(1)](/usc/15/78mm.md?p=a-1)] with the condition that the [Commission](/usc/7/1a.md?p=8) exercise concurrent jurisdiction over such [put](/usc/7/1a.md?p=36), [call](/usc/7/1a.md?p=36), or other [option](/usc/7/1a.md?p=36); provided, however, that nothing in this paragraph shall be construed to affect the jurisdiction and authority of the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) over such [put](/usc/7/1a.md?p=36), [call](/usc/7/1a.md?p=36), or other [option](/usc/7/1a.md?p=36).
      - (ii) This chapter shall apply to and the [Commission](/usc/7/1a.md?p=8) shall have exclusive jurisdiction with respect to accounts, agreements (including any transaction which is of the character of, or is commonly known to the trade as, an “[option](/usc/7/1a.md?p=36)”, “[privilege](/usc/7/1a.md?p=36)”, “[indemnity](/usc/7/1a.md?p=36)”, “[bid](/usc/7/1a.md?p=36)”, “[offer](/usc/7/1a.md?p=36)”, “[put](/usc/7/1a.md?p=36)”, “[call](/usc/7/1a.md?p=36)”, “[advance guaranty](/usc/7/1a.md?p=36)”, or “[decline guaranty](/usc/7/1a.md?p=36)”) and transactions involving, and may designate a [board of trade](/usc/7/1a.md?p=6) as a contract [market](/usc/7/198.md?p=1) in, or register a derivatives transaction execution facility that trades or executes, contracts of sale (or [options](/usc/7/1a.md?p=36) on such contracts) for [future delivery](/usc/7/1a.md?p=27) of a group or index of [securities](/usc/7/1a.md?p=41) (or any interest therein or based upon the value thereof): Provided, however, That no [board of trade](/usc/7/1a.md?p=6) shall be designated as a contract [market](/usc/7/198.md?p=1) with respect to any such contracts of sale (or [options](/usc/7/1a.md?p=36) on such contracts) for [future delivery](/usc/7/1a.md?p=27), and no derivatives transaction execution facility shall trade or execute such contracts of sale (or [options](/usc/7/1a.md?p=36) on such contracts) for [future delivery](/usc/7/1a.md?p=27), unless the [board of trade](/usc/7/1a.md?p=6) or the derivatives transaction execution facility, and the applicable contract, meet the following minimum requirements:
        - (I) Settlement of or delivery on such contract (or [option](/usc/7/1a.md?p=36) on such contract) shall be effected in cash or by means other than the transfer or receipt of any [security](/usc/7/1a.md?p=41), except an exempted [security](/usc/7/1a.md?p=41) under [section 77c of title 15](/usc/15/77c.md) or section 3(a)(12) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78c(a)(12)](/usc/15/78c.md?p=a-12)] as in effect on January 11, 1983, (other than any municipal [security](/usc/7/1a.md?p=41), as defined in section 3(a)(29) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78c(a)(29)](/usc/15/78c.md?p=a-29)] on January 11, 1983);
        - (II) Trading in such contract (or [option](/usc/7/1a.md?p=36) on such contract) shall not be readily susceptible to manipulation of the price of such contract (or [option](/usc/7/1a.md?p=36) on such contract), nor to causing or being used in the manipulation of the price of any underlying [security](/usc/7/1a.md?p=41), [option](/usc/7/1a.md?p=36) on such [security](/usc/7/1a.md?p=41) or [option](/usc/7/1a.md?p=36) on a group or index including such [securities](/usc/7/1a.md?p=41); and
        - (III) Such group or index of [securities](/usc/7/1a.md?p=41) shall not constitute a [narrow-based security index](/usc/7/1a.md?p=35-A).
      - (iii) If, in its discretion, the [Commission](/usc/7/1a.md?p=8) determines that a stock index futures contract, notwithstanding its conformance with the requirements in clause (ii) of this subparagraph, can reasonably be used as a surrogate for trading a [security](/usc/7/1a.md?p=41) (including a [security futures product](/usc/7/1a.md?p=45)), it may, by order, require such contract and any [option](/usc/7/1a.md?p=36) thereon be traded and regulated as [security futures products](/usc/7/1a.md?p=45) as defined in section 3(a)(56) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78c(a)(56)](/usc/15/78c.md?p=a-56)] and [section 1a of this title](/usc/7/1a.md) subject to all rules and regulations applicable to [security futures products](/usc/7/1a.md?p=45) under this chapter and the [securities](/usc/7/1a.md?p=41) laws as defined in section 3(a)(47) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78c(a)(47)](/usc/15/78c.md?p=a-47)].
      - (iv) No [person](/usc/7/1a.md?p=38) shall [offer](/usc/7/1a.md?p=36) to enter into, enter into, or confirm the execution of any [contract of sale](/usc/7/1a.md?p=13) (or [option](/usc/7/1a.md?p=36) on such contract) for [future delivery](/usc/7/1a.md?p=27) of any [security](/usc/7/1a.md?p=41), or interest therein or based on the value thereof, except an exempted [security](/usc/7/1a.md?p=41) under or[^2] section 3(a)(12) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78c(a)(12)](/usc/15/78c.md?p=a-12)] as in effect on January 11, 1983 (other than any municipal [security](/usc/7/1a.md?p=41) as defined in section 3(a)(29) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78c(a)(29)](/usc/15/78c.md?p=a-29)] on January 11, 1983), or except as provided in clause (ii) of this subparagraph or [subparagraph (D)](#a-1-D), any group or index of such [securities](/usc/7/1a.md?p=41) or any interest therein or based on the value thereof.
      - (v)
        - (I) Notwithstanding any other provision of this chapter, any contract [market](/usc/7/198.md?p=1) in a stock index futures contract (or [option](/usc/7/1a.md?p=36) thereon) other than a [security futures product](/usc/7/1a.md?p=45), or any derivatives transaction execution facility on which such contract or [option](/usc/7/1a.md?p=36) is traded, shall file with the [Board](/usc/7/1a.md?p=5) of Governors of the Federal Reserve System any rule establishing or changing the levels of margin (initial and maintenance) for such stock index futures contract (or [option](/usc/7/1a.md?p=36) thereon) other than [security futures products](/usc/7/1a.md?p=45).
        - (II) The [Board](/usc/7/1a.md?p=5) may at any time request any contract [market](/usc/7/198.md?p=1) or derivatives transaction execution facility to set the margin for any stock index futures contract (or [option](/usc/7/1a.md?p=36) thereon), other than for any [security futures product](/usc/7/1a.md?p=45), at such levels as the [Board](/usc/7/1a.md?p=5) in its judgment determines are appropriate to preserve the financial integrity of the contract [market](/usc/7/198.md?p=1) or derivatives transaction execution facility, or its clearing system, or to prevent systemic risk. If the contract [market](/usc/7/198.md?p=1) or derivatives transaction execution facility fails to do so within the time specified by the [Board](/usc/7/1a.md?p=5) in its request, the [Board](/usc/7/1a.md?p=5) may direct the contract [market](/usc/7/198.md?p=1) or derivatives transaction execution facility to alter or supplement the rules of the contract [market](/usc/7/198.md?p=1) or derivatives transaction execution facility as specified in the request.
        - (III) Subject to such conditions as the [Board](/usc/7/1a.md?p=5) may determine, the [Board](/usc/7/1a.md?p=5) may delegate any or all of its authority, relating to margin for any stock index futures contract (or [option](/usc/7/1a.md?p=36) thereon), other than [security futures products](/usc/7/1a.md?p=45), under this clause to the [Commission](/usc/7/1a.md?p=8).
        - (IV) It shall be unlawful for any [futures commission merchant](/usc/7/1a.md?p=28-A) to, directly or indirectly, extend or maintain credit to or for, or collect margin from any [customer](/usc/7/24.md?p=b) on any [security futures product](/usc/7/1a.md?p=45) unless such activities comply with the regulations prescribed pursuant to section 7(c)(2)(B) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78g(c)(2)(B)](/usc/15/78g.md?p=c-2-B)].
        - (V) Nothing in this clause shall supersede or limit the authority granted to the [Commission](/usc/7/1a.md?p=8) in [section 12a(9) of this title](/usc/7/12a.md?p=9) to direct a contract [market](/usc/7/198.md?p=1) or registered derivatives transaction execution facility, on finding an emergency to exist, to raise temporary margin levels on any futures contract, or [option](/usc/7/1a.md?p=36) on the contract covered by this clause, or on any [security futures product](/usc/7/1a.md?p=45).
        - (VI) Any action taken by the [Board](/usc/7/1a.md?p=5), or by the [Commission](/usc/7/1a.md?p=8) acting under the delegation of authority under subclause III,[^3] under this clause directing a contract [market](/usc/7/198.md?p=1) to alter or supplement a contract [market](/usc/7/198.md?p=1) rule shall be subject to review only in the Court of Appeals where the party seeking review resides or has its principal place of business, or in the United States Court of Appeals for the District of Columbia Circuit. The review shall be based on the examination of all information before the [Board](/usc/7/1a.md?p=5) or the [Commission](/usc/7/1a.md?p=8), as the case may be, at the time the determination was made. The court reviewing the action of the [Board](/usc/7/1a.md?p=5) or the [Commission](/usc/7/1a.md?p=8) shall not enter a stay or order of mandamus unless the court has determined, after notice and a hearing before a panel of the court, that the agency action complained of was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
    - (D) **Jurisdiction and authority of Securities and Exchange Commission over security futures; requirements for security futures trading; periodic or special examinations by Commission representatives—**
      - (i) Notwithstanding any other provision of this chapter, the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) shall have jurisdiction and authority over [security futures](/usc/7/1a.md?p=44) as defined in section 3(a)(55) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78c(a)(55)](/usc/15/78c.md?p=a-55)], [section 77b(a)(16) of title 15](/usc/15/77b.md?p=a-16), [section 80a–2(a)(52) of title 15](/usc/15/80a–2.md?p=a-52), and [section 80b–2(a)(27) of title 15](/usc/15/80b–2.md?p=a-27), [options](/usc/7/1a.md?p=36) on [security futures](/usc/7/1a.md?p=44), and [persons](/usc/7/1a.md?p=38) effecting transactions in [security futures](/usc/7/1a.md?p=44) and [options](/usc/7/1a.md?p=36) thereon, and this chapter shall apply to and the [Commission](/usc/7/1a.md?p=8) shall have jurisdiction with respect to accounts, agreements (including any transaction which is of the character of, or is commonly known to the trade as, an “[option](/usc/7/1a.md?p=36)”, “[privilege](/usc/7/1a.md?p=36)”, “[indemnity](/usc/7/1a.md?p=36)”, “[bid](/usc/7/1a.md?p=36)”, “[offer](/usc/7/1a.md?p=36)”, “[put](/usc/7/1a.md?p=36)”, “[call](/usc/7/1a.md?p=36)”, “[advance guaranty](/usc/7/1a.md?p=36)”, or “[decline guaranty](/usc/7/1a.md?p=36)”), contracts, and transactions involving, and may designate a [board of trade](/usc/7/1a.md?p=6) as a contract [market](/usc/7/198.md?p=1) in, or register a derivatives transaction execution facility that trades or executes, a [security futures product](/usc/7/1a.md?p=45) as defined in [section 1a of this title](/usc/7/1a.md): Provided, however, That, except as provided in clause (vi) of this subparagraph, no [board of trade](/usc/7/1a.md?p=6) shall be designated as a contract [market](/usc/7/198.md?p=1) with respect to, or registered as a derivatives transaction execution facility for, any such contracts of sale for [future delivery](/usc/7/1a.md?p=27) unless the [board of trade](/usc/7/1a.md?p=6) and the applicable contract meet the following criteria:
        - (I) Except as otherwise provided in a rule, regulation, or order issued pursuant to clause (v) of this subparagraph, any [security](/usc/7/1a.md?p=41) underlying the [security future](/usc/7/1a.md?p=44), including each component [security](/usc/7/1a.md?p=41) of a [narrow-based security index](/usc/7/1a.md?p=35-A), is registered pursuant to section 12 of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78l](/usc/15/78l.md)].
        - (II) If the [security futures product](/usc/7/1a.md?p=45) is not cash settled, the [board of trade](/usc/7/1a.md?p=6) on which the [security futures product](/usc/7/1a.md?p=45) is traded has arrangements in place with a clearing agency registered pursuant to section 17A of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78q–1](/usc/15/78q–1.md)] for the payment and delivery of the [securities](/usc/7/1a.md?p=41) underlying the [security futures product](/usc/7/1a.md?p=45).
        - (III) Except as otherwise provided in a rule, regulation, or order issued pursuant to clause (v) of this subparagraph, the [security future](/usc/7/1a.md?p=44) is based upon common stock and such other equity [securities](/usc/7/1a.md?p=41) as the [Commission](/usc/7/1a.md?p=8) and the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) jointly determine appropriate.
        - (IV) The [security futures product](/usc/7/1a.md?p=45) is cleared by a clearing agency that has in place provisions for linked and coordinated clearing with other clearing agencies that clear [security futures products](/usc/7/1a.md?p=45), which permits the [security futures product](/usc/7/1a.md?p=45) to be purchased on a designated contract [market](/usc/7/198.md?p=1), registered derivatives transaction execution facility, national [securities](/usc/7/1a.md?p=41) [exchange](/usc/7/1a.md?p=1-D) registered under section 6(a) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78f(a)](/usc/15/78f.md?p=a)], or national [securities](/usc/7/1a.md?p=41) association registered pursuant to section 15A(a) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78o](/usc/15/78o.md)–3(a)] and offset on another designated contract [market](/usc/7/198.md?p=1), registered derivatives transaction execution facility, national [securities](/usc/7/1a.md?p=41) [exchange](/usc/7/1a.md?p=1-D) registered under section 6(a) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934, or national [securities](/usc/7/1a.md?p=41) association registered pursuant to section 15A(a) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934.
        - (V) Only [futures commission merchants](/usc/7/1a.md?p=28-A), [introducing brokers](/usc/7/1a.md?p=31-A), [commodity trading advisors](/usc/7/1a.md?p=12-A), [commodity pool operators](/usc/7/1a.md?p=11-A) or associated [persons](/usc/7/1a.md?p=38) subject to suitability rules comparable to those of a national [securities](/usc/7/1a.md?p=41) association registered pursuant to section 15A(a) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78o](/usc/15/78o.md)–3(a)] solicit, accept any order for, or otherwise deal in any transaction in or in connection with the [security futures product](/usc/7/1a.md?p=45).
        - (VI) The [security futures product](/usc/7/1a.md?p=45) is subject to a prohibition against dual trading in [section 6j of this title](/usc/7/6j.md) and the rules and regulations thereunder or the provisions of section 11(a) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78k(a)](/usc/15/78k.md?p=a)] and the rules and regulations thereunder, except to the extent otherwise permitted under the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78a](/usc/15/78a.md) et seq.] and the rules and regulations thereunder.
        - (VII) Trading in the [security futures product](/usc/7/1a.md?p=45) is not readily susceptible to manipulation of the price of such [security futures product](/usc/7/1a.md?p=45), nor to causing or being used in the manipulation of the price of any underlying [security](/usc/7/1a.md?p=41), [option](/usc/7/1a.md?p=36) on such [security](/usc/7/1a.md?p=41), or [option](/usc/7/1a.md?p=36) on a group or index including such [securities](/usc/7/1a.md?p=41);
        - (VIII) The [board of trade](/usc/7/1a.md?p=6) on which the [security futures product](/usc/7/1a.md?p=45) is traded has procedures in place for coordinated surveillance among such [board of trade](/usc/7/1a.md?p=6), any [market](/usc/7/198.md?p=1) on which any [security](/usc/7/1a.md?p=41) underlying the [security futures product](/usc/7/1a.md?p=45) is traded, and other [markets](/usc/7/198.md?p=1) on which any related [security](/usc/7/1a.md?p=41) is traded to detect manipulation and insider trading, except that, if the [board of trade](/usc/7/1a.md?p=6) is an [alternative trading system](/usc/7/1a.md?p=1), a national [securities](/usc/7/1a.md?p=41) association registered pursuant to section 15A(a) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78o](/usc/15/78o.md)–3(a)] or national [securities](/usc/7/1a.md?p=41) [exchange](/usc/7/1a.md?p=1-D) registered pursuant to section 6(a) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78f(a)](/usc/15/78f.md?p=a)] of which such [alternative trading system](/usc/7/1a.md?p=1) is a [member](/usc/7/1a.md?p=34) has in place such procedures.
        - (IX) The [board of trade](/usc/7/1a.md?p=6) on which the [security futures product](/usc/7/1a.md?p=45) is traded has in place audit trails necessary or appropriate to facilitate the coordinated surveillance required in [subclause (VIII)](#a-1-D-i-VIII), except that, if the [board of trade](/usc/7/1a.md?p=6) is an [alternative trading system](/usc/7/1a.md?p=1), a national [securities](/usc/7/1a.md?p=41) association registered pursuant to section 15A(a) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78o](/usc/15/78o.md)–3(a)] or national [securities](/usc/7/1a.md?p=41) [exchange](/usc/7/1a.md?p=1-D) registered pursuant to section 6(a) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78f(a)](/usc/15/78f.md?p=a)] of which such [alternative trading system](/usc/7/1a.md?p=1) is a [member](/usc/7/1a.md?p=34) has rules to require such audit trails.
        - (X) The [board of trade](/usc/7/1a.md?p=6) on which the [security futures product](/usc/7/1a.md?p=45) is traded has in place procedures to coordinate trading halts between such [board of trade](/usc/7/1a.md?p=6) and [markets](/usc/7/198.md?p=1) on which any [security](/usc/7/1a.md?p=41) underlying the [security futures product](/usc/7/1a.md?p=45) is traded and other [markets](/usc/7/198.md?p=1) on which any related [security](/usc/7/1a.md?p=41) is traded, except that, if the [board of trade](/usc/7/1a.md?p=6) is an [alternative trading system](/usc/7/1a.md?p=1), a national [securities](/usc/7/1a.md?p=41) association registered pursuant to section 15A(a) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78o](/usc/15/78o.md)–3(a)] or national [securities](/usc/7/1a.md?p=41) [exchange](/usc/7/1a.md?p=1-D) registered pursuant to section 6(a) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78f(a)](/usc/15/78f.md?p=a)] of which such [alternative trading system](/usc/7/1a.md?p=1) is a [member](/usc/7/1a.md?p=34) has rules to require such coordinated trading halts.
        - (XI) The margin requirements for a [security futures product](/usc/7/1a.md?p=45) comply with the regulations prescribed pursuant to section 7(c)(2)(B) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78g(c)(2)(B)](/usc/15/78g.md?p=c-2-B)], except that nothing in this subclause shall be construed to prevent a [board of trade](/usc/7/1a.md?p=6) from requiring higher margin levels for a [security futures product](/usc/7/1a.md?p=45) when it deems such action to be necessary or appropriate.
      - (ii) It shall be unlawful for any [person](/usc/7/1a.md?p=38) to [offer](/usc/7/1a.md?p=36), to enter into, to execute, to confirm the execution of, or to conduct any office or business anywhere in the United States, its territories or possessions, for the purpose of soliciting, or accepting any order for, or otherwise dealing in, any transaction in, or in connection with, a [security futures product](/usc/7/1a.md?p=45) unless—
        - (I) the transaction is conducted on or subject to the rules of a [board of trade](/usc/7/1a.md?p=6) that—
          - (aa) has been designated by the [Commission](/usc/7/1a.md?p=8) as a contract [market](/usc/7/198.md?p=1) in such [security futures product](/usc/7/1a.md?p=45); or
          - (bb) is a registered derivatives transaction execution facility for the [security futures product](/usc/7/1a.md?p=45) that has provided a certification with respect to the [security futures product](/usc/7/1a.md?p=45) pursuant to [clause (vii)](#a-1-D-vii);
        - (II) the contract is executed or consummated by, through, or with a [member](/usc/7/1a.md?p=34) of the contract [market](/usc/7/198.md?p=1) or registered derivatives transaction execution facility; and
        - (III) the [security futures product](/usc/7/1a.md?p=45) is evidenced by a record in writing which shows the date, the parties to such [security futures product](/usc/7/1a.md?p=45) and their addresses, the property covered, and its price, and each contract [market](/usc/7/198.md?p=1) [member](/usc/7/1a.md?p=34) or registered derivatives transaction execution facility [member](/usc/7/1a.md?p=34) shall keep the record for a period of 3 years from the date of the transaction, or for a longer period if the [Commission](/usc/7/1a.md?p=8) so directs, which record shall at all times be open to the inspection of any duly authorized representative of the [Commission](/usc/7/1a.md?p=8).
      - (iii)
        - (I) Except as provided in [subclause (II)](#a-1-D-iii-II) but notwithstanding any other provision of this chapter, no [person](/usc/7/1a.md?p=38) shall [offer](/usc/7/1a.md?p=36) to enter into, enter into, or confirm the execution of any [option](/usc/7/1a.md?p=36) on a [security future](/usc/7/1a.md?p=44).
        - (II) After 3 years after December 21, 2000, the [Commission](/usc/7/1a.md?p=8) and the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) may by order jointly determine to permit trading of [options](/usc/7/1a.md?p=36) on any [security future](/usc/7/1a.md?p=44) authorized to be traded under the provisions of this chapter and the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78a](/usc/15/78a.md) et seq.].
      - (iv)
        - (I) All relevant records of a [futures commission merchant](/usc/7/1a.md?p=28-A) or [introducing broker](/usc/7/1a.md?p=31-A) registered pursuant to [section 6f(a)(2) of this title](/usc/7/6f.md?p=a-2), [floor broker](/usc/7/1a.md?p=22-A) or [floor trader](/usc/7/1a.md?p=23-A) exempt from registration pursuant to [section 6f(a)(3) of this title](/usc/7/6f.md?p=a-3), associated [person](/usc/7/1a.md?p=38) exempt from registration pursuant to [section 6k(6) of this title](/usc/7/6k.md?p=6), or [board of trade](/usc/7/1a.md?p=6) designated as a contract [market](/usc/7/198.md?p=1) in a [security futures product](/usc/7/1a.md?p=45) pursuant to [section 7b–1 of this title](/usc/7/7b–1.md) shall be subject to such reasonable periodic or special examinations by representatives of the [Commission](/usc/7/1a.md?p=8) as the [Commission](/usc/7/1a.md?p=8) deems necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of this chapter, and the [Commission](/usc/7/1a.md?p=8), before conducting any such examination, shall give notice to the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) of the proposed examination and consult with the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) concerning the feasibility and desirability of coordinating the examination with examinations conducted by the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) in order to avoid unnecessary regulatory duplication or undue regulatory burdens for the registrant or [board of trade](/usc/7/1a.md?p=6).
        - (II) The [Commission](/usc/7/1a.md?p=8) shall notify the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) of any examination conducted of any [futures commission merchant](/usc/7/1a.md?p=28-A) or [introducing broker](/usc/7/1a.md?p=31-A) registered pursuant to [section 6f(a)(2) of this title](/usc/7/6f.md?p=a-2), [floor broker](/usc/7/1a.md?p=22-A) or [floor trader](/usc/7/1a.md?p=23-A) exempt from registration pursuant to [section 6f(a)(3) of this title](/usc/7/6f.md?p=a-3), associated [person](/usc/7/1a.md?p=38) exempt from registration pursuant to [section 6k(6) of this title](/usc/7/6k.md?p=6), or [board of trade](/usc/7/1a.md?p=6) designated as a contract [market](/usc/7/198.md?p=1) in a [security futures product](/usc/7/1a.md?p=45) pursuant to [section 7b–1 of this title](/usc/7/7b–1.md), and, upon request, furnish to the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) any examination report and data supplied to or prepared by the [Commission](/usc/7/1a.md?p=8) in connection with the examination.
        - (III) Before conducting an examination under [subclause (I)](#a-1-D-iv-I), the [Commission](/usc/7/1a.md?p=8) shall use the reports of examinations, unless the information sought is unavailable in the reports, of any [futures commission merchant](/usc/7/1a.md?p=28-A) or [introducing broker](/usc/7/1a.md?p=31-A) registered pursuant to [section 6f(a)(2) of this title](/usc/7/6f.md?p=a-2), [floor broker](/usc/7/1a.md?p=22-A) or [floor trader](/usc/7/1a.md?p=23-A) exempt from registration pursuant to [section 6f(a)(3) of this title](/usc/7/6f.md?p=a-3), associated [person](/usc/7/1a.md?p=38) exempt from registration pursuant to [section 6k(6) of this title](/usc/7/6k.md?p=6), or [board of trade](/usc/7/1a.md?p=6) designated as a contract [market](/usc/7/198.md?p=1) in a [security futures product](/usc/7/1a.md?p=45) pursuant to [section 7b–1 of this title](/usc/7/7b–1.md) that is made by the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8), a national [securities](/usc/7/1a.md?p=41) association registered pursuant to section 15A(a) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 ([15 U.S.C. 78o](/usc/15/78o.md)–3(a)), or a national [securities](/usc/7/1a.md?p=41) [exchange](/usc/7/1a.md?p=1-D) registered pursuant to section 6(a) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 ([15 U.S.C. 78f(a)](/usc/15/78f.md?p=a)).
        - (IV) Any records required under this subsection for a [futures commission merchant](/usc/7/1a.md?p=28-A) or [introducing broker](/usc/7/1a.md?p=31-A) registered pursuant to [section 6f(a)(2) of this title](/usc/7/6f.md?p=a-2), [floor broker](/usc/7/1a.md?p=22-A) or [floor trader](/usc/7/1a.md?p=23-A) exempt from registration pursuant to [section 6f(a)(3) of this title](/usc/7/6f.md?p=a-3), associated [person](/usc/7/1a.md?p=38) exempt from registration pursuant to [section 6k(6) of this title](/usc/7/6k.md?p=6), or [board of trade](/usc/7/1a.md?p=6) designated as a contract [market](/usc/7/198.md?p=1) in a [security futures product](/usc/7/1a.md?p=45) pursuant to [section 7b–1 of this title](/usc/7/7b–1.md), shall be limited to records with respect to accounts, agreements, contracts, and transactions involving [security futures products](/usc/7/1a.md?p=45).
      - (v)
        - (I) The [Commission](/usc/7/1a.md?p=8) and the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8), by rule, regulation, or order, may jointly modify the criteria specified in subclause [(I)](#a-1-D-i-I) or [(III)](#a-1-D-i-III) of clause (i), including the trading of [security futures](/usc/7/1a.md?p=44) based on [securities](/usc/7/1a.md?p=41) other than equity [securities](/usc/7/1a.md?p=41), to the extent such modification fosters the development of fair and orderly [markets](/usc/7/198.md?p=1) in [security futures products](/usc/7/1a.md?p=45), is necessary or appropriate in the public interest, and is consistent with the protection of investors.
        - (II) The [Commission](/usc/7/1a.md?p=8) and the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8), by order, may jointly exempt any [person](/usc/7/1a.md?p=38) from compliance with the criterion specified in [clause (i)(IV)](#a-1-D-i-IV) to the extent such exemption fosters the development of fair and orderly [markets](/usc/7/198.md?p=1) in [security futures products](/usc/7/1a.md?p=45), is necessary or appropriate in the public interest, and is consistent with the protection of investors.
      - (vi)
        - (I) Notwithstanding clauses [(i)](#a-1-D-i) and [(vii)](#a-1-D-vii), until the compliance date, a [board of trade](/usc/7/1a.md?p=6) shall not be required to meet the criterion specified in [clause (i)(IV)](#a-1-D-i-IV).
        - (II) The [Commission](/usc/7/1a.md?p=8) and the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) shall jointly publish in the Federal Register a notice of the compliance date no later than 165 days before the compliance date.
        - (III) For purposes of this clause, the term “compliance date” means the later of—
          - (aa) 180 days after the end of the first full calendar month period in which the average aggregate comparable share volume for all [security futures products](/usc/7/1a.md?p=45) based on single equity [securities](/usc/7/1a.md?p=41) traded on all designated contract [markets](/usc/7/198.md?p=1) and registered derivatives transaction execution facilities equals or exceeds 10 percent of the average aggregate comparable share volume of [options](/usc/7/1a.md?p=36) on single equity [securities](/usc/7/1a.md?p=41) traded on all national [securities](/usc/7/1a.md?p=41) [exchanges](/usc/7/1a.md?p=1-D) registered pursuant to section 6(a) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78f(a)](/usc/15/78f.md?p=a)] and any national [securities](/usc/7/1a.md?p=41) associations registered pursuant to section 15A(a) of such Act [[15 U.S.C. 78o](/usc/15/78o.md)–3(a)]; or
          - (bb) 2 years after the date on which trading in any [security futures product](/usc/7/1a.md?p=45) commences under this chapter.
      - (vii) It shall be unlawful for a [board of trade](/usc/7/1a.md?p=6) to trade or execute a [security futures product](/usc/7/1a.md?p=45) unless the [board of trade](/usc/7/1a.md?p=6) has provided the [Commission](/usc/7/1a.md?p=8) with a certification that the specific [security futures product](/usc/7/1a.md?p=45) and the [board of trade](/usc/7/1a.md?p=6), as applicable, meet the criteria specified in subclauses [(I)](#a-1-D-i-I) through [(XI)](#a-1-D-i-XI) of clause (i), except as otherwise provided in [clause (vi)](#a-1-D-vi).
    - (E) **Obligation to address security futures products traded on foreign exchanges—**
      - (i) To the extent necessary or appropriate in the public interest, to promote fair competition, and consistent with promotion of [market](/usc/7/198.md?p=1) efficiency, innovation, and expansion of investment opportunities, the protection of investors, and the maintenance of fair and orderly [markets](/usc/7/198.md?p=1), the [Commission](/usc/7/1a.md?p=8) and the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) shall jointly issue such rules, regulations, or orders as are necessary and appropriate to permit the [offer](/usc/7/1a.md?p=36) and sale of a [security futures product](/usc/7/1a.md?p=45) traded on or subject to the rules of a foreign [board of trade](/usc/7/1a.md?p=6) to United States [persons](/usc/7/1a.md?p=38).
      - (ii) The rules, regulations, or orders adopted under [clause (i)](#a-1-E-i) shall take into account, as appropriate, the nature and size of the [markets](/usc/7/198.md?p=1) that the [securities](/usc/7/1a.md?p=41) underlying the [security futures product](/usc/7/1a.md?p=45) reflects.
    - (F) **Security futures products traded on foreign boards of trade—**
      - (i) Nothing in this chapter is intended to prohibit a [futures commission merchant](/usc/7/1a.md?p=28-A) from carrying [security futures products](/usc/7/1a.md?p=45) traded on or subject to the rules of a foreign [board of trade](/usc/7/1a.md?p=6) in the accounts of [persons](/usc/7/1a.md?p=38) located outside of the United States.
      - (ii) Nothing in this chapter is intended to prohibit any [eligible contract participant](/usc/7/1a.md?p=18) located in the United States from purchasing or carrying [securities](/usc/7/1a.md?p=41) futures products traded on or subject to the rules of a foreign [board of trade](/usc/7/1a.md?p=6), [exchange](/usc/7/1a.md?p=1-D), or [market](/usc/7/198.md?p=1) to the same extent such [person](/usc/7/1a.md?p=38) may be authorized to purchase or carry other [securities](/usc/7/1a.md?p=41) traded on a foreign [board of trade](/usc/7/1a.md?p=6), [exchange](/usc/7/1a.md?p=1-D), or [market](/usc/7/198.md?p=1) so long as any underlying [security](/usc/7/1a.md?p=41) for such [security futures products](/usc/7/1a.md?p=45) is traded principally on, by, or through any [exchange](/usc/7/1a.md?p=1-D) or [market](/usc/7/198.md?p=1) located outside the United States.
    - (G)
      - (i) Nothing in this paragraph shall limit the jurisdiction conferred on the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) by the Wall Street Transparency and Accountability Act of 2010 with regard to [security-based swap](/usc/7/1a.md?p=42) agreements as defined pursuant to section 3(a)(78) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78c(a)(78)](/usc/15/78c.md?p=a-78)], and [security-based swaps](/usc/7/1a.md?p=42).
      - (ii) In addition to the authority of the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) described in [clause (i)](#a-1-G-i), nothing in this subparagraph shall limit or affect any statutory authority of the [Commission](/usc/7/1a.md?p=8) with respect to an agreement, contract, or transaction described in [clause (i)](#a-1-G-i).
    - (H) Notwithstanding any other provision of law, the Wall Street Transparency and Accountability Act of 2010 shall not apply to, and the [Commodity](/usc/7/1a.md?p=9) Futures Trading [Commission](/usc/7/1a.md?p=8) shall have no jurisdiction under such Act (or any amendments to this chapter made by such Act) with respect to, any [security](/usc/7/1a.md?p=41) other than a [security-based swap](/usc/7/1a.md?p=42).
    - (I)
      - (i) Nothing in this chapter shall limit or affect any statutory authority of the Federal Energy Regulatory [Commission](/usc/7/1a.md?p=8) or a [State](/usc/7/198.md?p=5) regulatory authority (as defined in [section 796(21) of title 16](/usc/16/796.md?p=21)) with respect to an agreement, contract, or transaction that is entered into pursuant to a tariff or rate schedule approved by the Federal Energy Regulatory [Commission](/usc/7/1a.md?p=8) or a [State](/usc/7/198.md?p=5) regulatory authority and is—
        - (I) not executed, traded, or cleared on a [registered entity](/usc/7/1a.md?p=40) or [trading facility](/usc/7/1a.md?p=51-A); or
        - (II) executed, traded, or cleared on a [registered entity](/usc/7/1a.md?p=40) or [trading facility](/usc/7/1a.md?p=51-A) owned or operated by a regional transmission organization or independent system operator.
      - (ii) In addition to the authority of the Federal Energy Regulatory [Commission](/usc/7/1a.md?p=8) or a [State](/usc/7/198.md?p=5) regulatory authority described in [clause (i)](#a-1-I-i), nothing in this subparagraph shall limit or affect—
        - (I) any statutory authority of the [Commission](/usc/7/1a.md?p=8) with respect to an agreement, contract, or transaction described in [clause (i)](#a-1-I-i); or
        - (II) the jurisdiction of the [Commission](/usc/7/1a.md?p=8) under [subparagraph (A)](#a-1-A) with respect to an agreement, contract, or transaction that is executed, traded, or cleared on a [registered entity](/usc/7/1a.md?p=40) or [trading facility](/usc/7/1a.md?p=51-A) that is not owned or operated by a regional transmission organization or independent system operator (as defined by sections[^4] 796(27) and (28) of [title 16](/usc/16.md)).
  - (2) **Establishment of Commodity Futures Trading Commission; composition; terms of Commissioners—**
    - (A) There is hereby established, as an independent agency of the United States Government, a [Commodity](/usc/7/1a.md?p=9) Futures Trading [Commission](/usc/7/1a.md?p=8). The [Commission](/usc/7/1a.md?p=8) shall be composed of five Commissioners who shall be appointed by the President, by and with the advice and consent of the Senate. In nominating [persons](/usc/7/1a.md?p=38) for appointment, the President shall—
      - (i) select [persons](/usc/7/1a.md?p=38) who shall each have demonstrated knowledge in futures trading or its regulation, or the production, merchandising, processing or distribution of one or more of the [commodities](/usc/7/1a.md?p=9) or other goods and articles, services, rights, and interests covered by this chapter; and
      - (ii) seek to ensure that the demonstrated knowledge of the Commissioners is balanced with respect to such areas.

      Not more than three of the [members](/usc/7/1a.md?p=34) of the [Commission](/usc/7/1a.md?p=8) shall be [members](/usc/7/1a.md?p=34) of the same political party. Each Commissioner shall hold office for a term of five years and until his successor is appointed and has qualified, except that he shall not so continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of said fixed term of office, and except (i) any Commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (ii) the terms of office of the Commissioners first taking office after the enactment of this paragraph shall expire as designated by the President at the time of nomination, one at the end of one year, one at the end of two years, one at the end of three years, one at the end of four years, and one at the end of five years.

    - (B) The President shall appoint, by and with the advice and consent of the Senate, a [member](/usc/7/1a.md?p=34) of the [Commission](/usc/7/1a.md?p=8) as Chairman, who shall serve as Chairman at the pleasure of the President. An individual may be appointed as Chairman at the same time that [person](/usc/7/1a.md?p=38) is appointed as a Commissioner. The Chairman shall be the chief administrative officer of the [Commission](/usc/7/1a.md?p=8) and shall preside at hearings before the [Commission](/usc/7/1a.md?p=8). At any time, the President may appoint, by and with the advice and consent of the Senate, a different Chairman, and the Commissioner previously appointed as Chairman may complete that Commissioner’s term as a Commissioner.
  - (3) **Vacancies—** A vacancy in the [Commission](/usc/7/1a.md?p=8) shall not impair the right of the remaining Commissioners to exercise all the powers of the [Commission](/usc/7/1a.md?p=8).
  - (4) **General Counsel—** The [Commission](/usc/7/1a.md?p=8) shall have a General Counsel, who shall be appointed by the [Commission](/usc/7/1a.md?p=8) and serve at the pleasure of the [Commission](/usc/7/1a.md?p=8). The General Counsel shall report directly to the [Commission](/usc/7/1a.md?p=8) and serve as its legal advisor. The [Commission](/usc/7/1a.md?p=8) shall appoint such other attorneys as may be necessary, in the opinion of the [Commission](/usc/7/1a.md?p=8), to assist the General Counsel, represent the [Commission](/usc/7/1a.md?p=8) in all disciplinary proceedings pending before it, represent the [Commission](/usc/7/1a.md?p=8) in courts of law whenever appropriate, assist the Department of Justice in handling litigation concerning the [Commission](/usc/7/1a.md?p=8) in courts of law, and perform such other legal duties and functions as the [Commission](/usc/7/1a.md?p=8) may direct.
  - (5) **Executive Director—** The [Commission](/usc/7/1a.md?p=8) shall have an Executive Director, who shall be appointed by the [Commission](/usc/7/1a.md?p=8) and serve at the pleasure of the [Commission](/usc/7/1a.md?p=8). The Executive Director shall report directly to the [Commission](/usc/7/1a.md?p=8) and perform such functions and duties as the [Commission](/usc/7/1a.md?p=8) may prescribe.
  - (6) **Powers and Functions of Chairman—**
    - (A) Except as otherwise provided in this paragraph and in paragraphs (4) and (5) of this subsection, the executive and administrative functions of the [Commission](/usc/7/1a.md?p=8), including functions of the [Commission](/usc/7/1a.md?p=8) with respect to the appointment and supervision of personnel employed under the [Commission](/usc/7/1a.md?p=8), the distribution of business among such personnel and among administrative units of the [Commission](/usc/7/1a.md?p=8), and the use and expenditure of funds, according to budget categories, plans, programs, and priorities established and approved by the [Commission](/usc/7/1a.md?p=8), shall be exercised solely by the Chairman.
    - (B) In carrying out any of his functions under the provisions of this paragraph, the Chairman shall be governed by general policies, plans, priorities, and budgets approved by the [Commission](/usc/7/1a.md?p=8) and by such regulatory decisions, findings, and determination as the [Commission](/usc/7/1a.md?p=8) may by law be authorized to make.
    - (C) The appointment by the Chairman of the heads of major administrative units under the [Commission](/usc/7/1a.md?p=8) shall be subject to the approval of the [Commission](/usc/7/1a.md?p=8).
    - (D) Personnel employed regularly and full time in the immediate offices of Commissioners other than the Chairman shall not be affected by the provisions of this paragraph.
    - (E) There are hereby reserved to the [Commission](/usc/7/1a.md?p=8) its functions with respect to revising budget estimates and with respect to determining the distribution of appropriated funds according to major programs and purposes.
    - (F) The Chairman may from time to time make such provisions as he shall deem appropriate authorizing the performance by any officer, employee, or administrative unit under his jurisdiction of any functions of the Chairman under this paragraph.
  - (7) **Appointment and compensation—**
    - (A) **In general—** The [Commission](/usc/7/1a.md?p=8) may appoint and fix the compensation of such officers, attorneys, economists, examiners, and other employees as may be necessary for carrying out the functions of the [Commission](/usc/7/1a.md?p=8) under this chapter.
    - (B) **Rates of pay—** Rates of basic pay for all employees of the [Commission](/usc/7/1a.md?p=8) may be set and adjusted by the [Commission](/usc/7/1a.md?p=8) without regard to [chapter 51](/usc/7/chch51.md) or subchapter III of chapter 53 of title 5.
    - (C) **Comparability—**
      - (i) **In general—** The [Commission](/usc/7/1a.md?p=8) may provide additional compensation and benefits to employees of the [Commission](/usc/7/1a.md?p=8) if the same type of compensation or benefits are provided by any agency referred to in [section 1833b(a) of title 12](/usc/12/1833b.md?p=a) or could be provided by such an agency under applicable provisions of law (including rules and regulations).
      - (ii) **Consultation—** In setting and adjusting the total amount of compensation and benefits for employees, the [Commission](/usc/7/1a.md?p=8) shall consult with, and seek to maintain comparability with, the agencies referred to in [section 1833b(a) of title 12](/usc/12/1833b.md?p=a).
  - (8) **Conflict of interest—** No Commissioner or employee of the [Commission](/usc/7/1a.md?p=8) shall accept [employment](/usc/7/499a.md?p=b-10) or compensation from any [person](/usc/7/1a.md?p=38), [exchange](/usc/7/1a.md?p=1-D), or clearinghouse subject to regulation by the [Commission](/usc/7/1a.md?p=8) under this chapter during his term of office, nor shall he participate, directly or indirectly, in any [registered entity](/usc/7/1a.md?p=40) operations or transactions of a character subject to regulation by the [Commission](/usc/7/1a.md?p=8).
  - (9) **Liaison with Department of Agriculture; communications with Department of the Treasury, Federal Reserve Board, and Securities and Exchange Commission; application by a board of trade for designation as a contract market for future delivery of securities—**
    - (A) The [Commission](/usc/7/1a.md?p=8) shall, in cooperation with the [Secretary](/usc/7/1a.md?p=47-E-v) of Agriculture, maintain a liaison between the [Commission](/usc/7/1a.md?p=8) and the Department of Agriculture. The [Secretary](/usc/7/1a.md?p=47-E-v) shall take such steps as may be necessary to enable the [Commission](/usc/7/1a.md?p=8) to obtain information and utilize such services and facilities of the Department of Agriculture as may be necessary in order to maintain effectively such liaison. In addition, the [Secretary](/usc/7/1a.md?p=47-E-v) shall appoint a liaison officer, who shall be an employee of the Office of the [Secretary](/usc/7/1a.md?p=47-E-v), for the purpose of maintaining a liaison between the Department of Agriculture and the [Commission](/usc/7/1a.md?p=8). The [Commission](/usc/7/1a.md?p=8) shall furnish such liaison officer appropriate office space within the offices of the [Commission](/usc/7/1a.md?p=8) and shall allow such liaison officer to attend and observe all deliberations and proceedings of the [Commission](/usc/7/1a.md?p=8).
    - (B)
      - (i) The [Commission](/usc/7/1a.md?p=8) shall maintain communications with the Department of the Treasury, the [Board](/usc/7/1a.md?p=5) of Governors of the Federal Reserve System, and the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) for the purpose of keeping such agencies fully informed of [Commission](/usc/7/1a.md?p=8) activities that relate to the responsibilities of those agencies, for the purpose of seeking the views of those agencies on such activities, and for considering the relationships between the volume and nature of investment and trading in contracts of sale of a [commodity](/usc/7/1a.md?p=9) for [future delivery](/usc/7/1a.md?p=27) and in [securities](/usc/7/1a.md?p=41) and financial instruments under the jurisdiction of such agencies.
      - (ii) When a [board of trade](/usc/7/1a.md?p=6) applies for designation or registration as a contract [market](/usc/7/198.md?p=1) or derivatives transaction execution facility involving transactions for [future delivery](/usc/7/1a.md?p=27) of any [security](/usc/7/1a.md?p=41) issued or guaranteed by the United States or any agency thereof, the [Commission](/usc/7/1a.md?p=8) shall promptly deliver a copy of such application to the Department of the Treasury and the [Board](/usc/7/1a.md?p=5) of Governors of the Federal Reserve System. The [Commission](/usc/7/1a.md?p=8) may not designate or register a [board of trade](/usc/7/1a.md?p=6) as a contract [market](/usc/7/198.md?p=1) or derivatives transaction execution facility based on such application until forty-five days after the date the [Commission](/usc/7/1a.md?p=8) delivers the application to such agencies or until the [Commission](/usc/7/1a.md?p=8) receives comments from each of such agencies on the application, whichever period is shorter. Any comments received by the [Commission](/usc/7/1a.md?p=8) from such agencies shall be included as part of the public record of the [Commission](/usc/7/1a.md?p=8)’s designation proceeding. In designating, registering, or refusing, suspending, or revoking the designation or registration of, a [board of trade](/usc/7/1a.md?p=6) as a contract [market](/usc/7/198.md?p=1) or derivatives transaction execution facility involving transactions for [future delivery](/usc/7/1a.md?p=27) referred to in this clause or in considering any possible action under this chapter (including without limitation emergency action under [section 12a(9) of this title](/usc/7/12a.md?p=9)) with respect to such transactions, the [Commission](/usc/7/1a.md?p=8) shall take into consideration all comments it receives from the Department of the Treasury and the [Board](/usc/7/1a.md?p=5) of Governors of the Federal Reserve System and shall consider the effect that any such designation, registration, suspension, revocation, or action may have on the debt financing requirements of the United States Government and the continued efficiency and integrity of the underlying [market](/usc/7/198.md?p=1) for [government securities](/usc/7/1a.md?p=51-B-ii).
      - (iii) The provisions of this subparagraph shall not create any rights, liabilities, or obligations upon which actions may be brought against the [Commission](/usc/7/1a.md?p=8).
  - (10) **Transmittal of budget requests and legislative recommendations to congressional committees—**
    - (A) Whenever the [Commission](/usc/7/1a.md?p=8) submits any budget estimate or request to the President or the Office of Management and Budget, it shall concurrently transmit copies of that estimate or request to the House and Senate Appropriations Committees and the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry.
    - (B) Whenever the [Commission](/usc/7/1a.md?p=8) transmits any legislative recommendations, or testimony, or comments on legislation to the President or the Office of Management and Budget, it shall concurrently transmit copies thereof to the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry. No officer or agency of the United States shall have any authority to require the [Commission](/usc/7/1a.md?p=8) to submit its legislative recommendations, or testimony, or comments on legislation to any officer or agency of the United States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to the Congress. In instances in which the [Commission](/usc/7/1a.md?p=8) voluntarily seeks to obtain the comments or review of any officer or agency of the United States, the [Commission](/usc/7/1a.md?p=8) shall include a description of such actions in its legislative recommendations, testimony, or comments on legislation which it transmits to the Congress.
    - (C) Whenever the [Commission](/usc/7/1a.md?p=8) issues for official publication any opinion, release, rule, order, interpretation, or other determination on a matter, the [Commission](/usc/7/1a.md?p=8) shall provide that any dissenting, concurring, or separate opinion by any Commissioner on the matter be published in full along with the [Commission](/usc/7/1a.md?p=8) opinion, release, rule, order, interpretation, or determination.
  - (11) **Seal—** The [Commission](/usc/7/1a.md?p=8) shall have an official seal, which shall be judicially noticed.
  - (12) **Rules and regulations—** The [Commission](/usc/7/1a.md?p=8) is authorized to promulgate such rules and regulations as it deems necessary to govern the operating procedures and conduct of the business of the [Commission](/usc/7/1a.md?p=8).
  - (13) **Public availability of swap transaction data—**
    - (A) **Definition of real-time public reporting—** In this paragraph, the term “real-time public reporting” means to report data relating to a [swap](/usc/7/1a.md?p=47-A) transaction, including price and volume, as soon as technologically practicable after the time at which the [swap](/usc/7/1a.md?p=47-A) transaction has been executed.
    - (B) **Purpose—** The purpose of this section is to authorize the [Commission](/usc/7/1a.md?p=8) to make [swap](/usc/7/1a.md?p=47-A) transaction and pricing data available to the public in such form and at such times as the [Commission](/usc/7/1a.md?p=8) determines appropriate to enhance price discovery.
    - (C) **General rule—** The [Commission](/usc/7/1a.md?p=8) is authorized and required to provide by rule for the public availability of [swap](/usc/7/1a.md?p=47-A) transaction and pricing data as follows:
      - (i) With respect to those [swaps](/usc/7/1a.md?p=47-A) that are subject to the mandatory clearing requirement described in [subsection (h)(1)](#h-1) (including those [swaps](/usc/7/1a.md?p=47-A) that are excepted from the requirement pursuant to [subsection (h)(7)](#h-7)), the [Commission](/usc/7/1a.md?p=8) shall require real-time public reporting for such transactions.
      - (ii) With respect to those [swaps](/usc/7/1a.md?p=47-A) that are not subject to the mandatory clearing requirement described in [subsection (h)(1)](#h-1), but are cleared at a registered [derivatives clearing organization](/usc/7/1a.md?p=15-A), the [Commission](/usc/7/1a.md?p=8) shall require real-time public reporting for such transactions.
      - (iii) With respect to [swaps](/usc/7/1a.md?p=47-A) that are not cleared at a registered [derivatives clearing organization](/usc/7/1a.md?p=15-A) and which are reported to a [swap data repository](/usc/7/1a.md?p=48) or the [Commission](/usc/7/1a.md?p=8) under [subsection (h)(6)](#h-6), the [Commission](/usc/7/1a.md?p=8) shall require real-time public reporting for such transactions, in a manner that does not disclose the business transactions and [market](/usc/7/198.md?p=1) positions of any [person](/usc/7/1a.md?p=38).
      - (iv) With respect to [swaps](/usc/7/1a.md?p=47-A) that are determined to be required to be cleared under [subsection (h)(2)](#h-2) but are not cleared, the [Commission](/usc/7/1a.md?p=8) shall require real-time public reporting for such transactions.
    - (D) **Registered entities and public reporting—** The [Commission](/usc/7/1a.md?p=8) may require [registered entities](/usc/7/1a.md?p=40) to publicly disseminate the [swap](/usc/7/1a.md?p=47-A) transaction and pricing data required to be reported under this paragraph.
    - (E) **Rulemaking required—** With respect to the rule providing for the public availability of transaction and pricing data for [swaps](/usc/7/1a.md?p=47-A) described in clauses [(i)](#a-13-C-i) and [(ii)](#a-13-C-ii) of subparagraph (C), the rule promulgated by the [Commission](/usc/7/1a.md?p=8) shall contain provisions—
      - (i) to ensure such information does not identify the participants;
      - (ii) to specify the criteria for determining what constitutes a large notional [swap](/usc/7/1a.md?p=47-A) transaction (block trade) for particular [markets](/usc/7/198.md?p=1) and contracts;
      - (iii) to specify the appropriate time delay for reporting large notional [swap](/usc/7/1a.md?p=47-A) transactions (block trades) to the public; and
      - (iv) that take into account whether the public disclosure will materially reduce [market](/usc/7/198.md?p=1) liquidity.
    - (F) **Timeliness of reporting—** Parties to a [swap](/usc/7/1a.md?p=47-A) (including agents of the parties to a [swap](/usc/7/1a.md?p=47-A)) shall be responsible for reporting [swap](/usc/7/1a.md?p=47-A) transaction information to the appropriate [registered entity](/usc/7/1a.md?p=40) in a timely manner as may be prescribed by the [Commission](/usc/7/1a.md?p=8).
    - (G) **Reporting of swaps to registered swap data repositories—** Each [swap](/usc/7/1a.md?p=47-A) (whether cleared or uncleared) shall be reported to a registered [swap data repository](/usc/7/1a.md?p=48).
  - (14) **Semiannual and annual public reporting of aggregate swap data—**
    - (A) **In general—** In accordance with [subparagraph (B)](#a-14-B), the [Commission](/usc/7/1a.md?p=8) shall issue a written report on a semiannual and annual basis to make available to the public information relating to—
      - (i) the trading and clearing in the major [swap](/usc/7/1a.md?p=47-A) categories; and
      - (ii) the [market](/usc/7/198.md?p=1) participants and developments in new products.
    - (B) **Use; consultation—** In preparing a report under [subparagraph (A)](#a-14-A), the [Commission](/usc/7/1a.md?p=8) shall—
      - (i) use information from [swap data repositories](/usc/7/1a.md?p=48) and [derivatives clearing organizations](/usc/7/1a.md?p=15-A); and
      - (ii) consult with the Office of the Comptroller of the Currency, the [Bank](/usc/7/27.md?p=a) for International Settlements, and such other regulatory bodies as may be necessary.
    - (C) **Authority of the Commission—** The [Commission](/usc/7/1a.md?p=8) may, by rule, regulation, or order, delegate the public reporting responsibilities of the [Commission](/usc/7/1a.md?p=8) under this paragraph in accordance with such terms and conditions as the [Commission](/usc/7/1a.md?p=8) determines to be appropriate and in the public interest.
  - (15) **Energy and Environmental Markets Advisory Committee—**
    - (A) **Establishment—**
      - (i) **In general—** An Energy and Environmental [Markets](/usc/7/198.md?p=1) Advisory Committee is hereby established.
      - (ii) **Membership—** The Committee shall have 9 [members](/usc/7/1a.md?p=34).
      - (iii) **Activities—** The Committee’s objectives and scope of activities shall be—
        - (I) to conduct public meetings;
        - (II) to submit reports and recommendations to the [Commission](/usc/7/1a.md?p=8) (including dissenting or minority views, if any); and
        - (III) otherwise to serve as a vehicle for discussion and communication on matters of concern to [exchanges](/usc/7/1a.md?p=1-D), firms, end users, and regulators regarding energy and environmental [markets](/usc/7/198.md?p=1) and their regulation by the [Commission](/usc/7/1a.md?p=8).
    - (B) **Requirements—**
      - (i) **In general—** The Committee shall hold public meetings at such intervals as are necessary to carry out the functions of the Committee, but not less frequently than 2 times per year.
      - (ii) **Members—** [Members](/usc/7/1a.md?p=34) shall be appointed to 3-year terms, but may be removed for cause by vote of the [Commission](/usc/7/1a.md?p=8).
    - (C) **Appointment—** The [Commission](/usc/7/1a.md?p=8) shall appoint [members](/usc/7/1a.md?p=34) with a wide diversity of opinion and who represent a broad spectrum of interests, including hedgers and consumers.
    - (D) **Reimbursement—** [Members](/usc/7/1a.md?p=34) shall be entitled to per diem and travel expense reimbursement by the [Commission](/usc/7/1a.md?p=8).
    - (E) **Chapter 10 of title 5—** The Committee shall not be subject to chapter 10 of title 5.
- (b) **Transaction in interstate commerce—** For the purposes of this chapter (but not in any wise limiting the foregoing definition of [interstate commerce](/usc/7/1a.md?p=30)) a transaction in respect to any article shall be considered to be in [interstate commerce](/usc/7/1a.md?p=30) if such article is part of that current of commerce usual in the [commodity](/usc/7/1a.md?p=9) trade whereby [commodities](/usc/7/1a.md?p=9) and [commodity](/usc/7/1a.md?p=9) products and by-products thereof are sent from one [State](/usc/7/198.md?p=5), with the expectation that they will end their transit, after purchase, in another, including in addition to cases within the above general description, all cases where purchase or sale is either for shipment to another [State](/usc/7/198.md?p=5), or for manufacture within the [State](/usc/7/198.md?p=5) and the shipment outside the [State](/usc/7/198.md?p=5) of the products resulting from such manufacture. Articles normally in such current of commerce shall not be considered out of such commerce through resort being had to any means or device intended to remove transactions in respect thereto from the provisions of this chapter. For the purpose of this paragraph the word “[State](/usc/7/198.md?p=5)” includes Territory, the District of Columbia, possession of the United States, and foreign nation.
- (c) **Agreements, contracts, and transactions in foreign currency, government securities, and certain other commodities—**
  - (1) **In general—** Except as provided in [paragraph (2)](#c-2), nothing in this chapter (other than section,[^5] 7a–1,[^5] or [16(e)(2)(B)](/usc/7/16.md?p=e-2-B) of this title) governs or applies to an agreement, contract, or transaction in—
    - (A) foreign currency;
    - (B) [government securities](/usc/7/1a.md?p=51-B-ii);
    - (C) [security](/usc/7/1a.md?p=41) warrants;
    - (D) [security](/usc/7/1a.md?p=41) rights;
    - (E) resales of installment loan contracts;
    - (F) repurchase transactions in an [excluded commodity](/usc/7/1a.md?p=19); or
    - (G) mortgages or mortgage purchase commitments.
  - (2) **Commission jurisdiction—**
    - (A) **Agreements, contracts, and transactions traded on an organized exchange—** This chapter applies to, and the [Commission](/usc/7/1a.md?p=8) shall have jurisdiction over, an agreement, contract, or transaction described in [paragraph (1)](#c-1) that is—
      - (i) a [contract of sale](/usc/7/1a.md?p=13) of a [commodity](/usc/7/1a.md?p=9) for [future delivery](/usc/7/1a.md?p=27) (or an [option](/usc/7/1a.md?p=36) on such a contract), or an [option](/usc/7/1a.md?p=36) on a [commodity](/usc/7/1a.md?p=9) (other than foreign currency or a [security](/usc/7/1a.md?p=41) or a group or index of [securities](/usc/7/1a.md?p=41)), that is executed or traded on an [organized exchange](/usc/7/1a.md?p=37);
      - (ii) a [swap](/usc/7/1a.md?p=47-A); or
      - (iii) an [option](/usc/7/1a.md?p=36) on foreign currency executed or traded on an [organized exchange](/usc/7/1a.md?p=37) that is not a national [securities](/usc/7/1a.md?p=41) [exchange](/usc/7/1a.md?p=1-D) registered pursuant to section 6(a) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 [[15 U.S.C. 78f(a)](/usc/15/78f.md?p=a)].
    - (B) **Agreements, contracts, and transactions in retail foreign currency—**
      - (i) This chapter applies to, and the [Commission](/usc/7/1a.md?p=8) shall have jurisdiction over, an agreement, contract, or transaction in foreign currency that—
        - (I) is a [contract of sale](/usc/7/1a.md?p=13) of a [commodity](/usc/7/1a.md?p=9) for [future delivery](/usc/7/1a.md?p=27) (or an [option](/usc/7/1a.md?p=36) on such a contract) or an [option](/usc/7/1a.md?p=36) (other than an [option](/usc/7/1a.md?p=36) executed or traded on a national [securities](/usc/7/1a.md?p=41) [exchange](/usc/7/1a.md?p=1-D) registered pursuant to section 6(a) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 ([15 U.S.C. 78f(a)](/usc/15/78f.md?p=a))); and
        - (II) is offered to, or entered into with, a [person](/usc/7/1a.md?p=38) that is not an [eligible contract participant](/usc/7/1a.md?p=18), unless the counterparty, or the [person](/usc/7/1a.md?p=38) offering to be the counterparty, of the [person](/usc/7/1a.md?p=38) is—
          - (aa) a United States [financial institution](/usc/7/1a.md?p=21);
          - (bb)
            - (AA) a [broker](/usc/7/499a.md?p=b-7) or [dealer](/usc/7/499a.md?p=b-6) registered under [section 15(b)](/usc/7/15.md) (except paragraph (11) thereof) or 15C of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 ([15 U.S.C. 78o(b)](/usc/15/78o.md?p=b), 78o–5); or
            - (BB) an associated [person](/usc/7/1a.md?p=38) of a [broker](/usc/7/499a.md?p=b-7) or [dealer](/usc/7/499a.md?p=b-6) registered under [section 15(b)](/usc/7/15.md) (except paragraph (11) thereof) or 15C of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 ([15 U.S.C. 78o(b)](/usc/15/78o.md?p=b), 78o–5) concerning the financial or [securities](/usc/7/1a.md?p=41) activities of which the [broker](/usc/7/499a.md?p=b-7) or [dealer](/usc/7/499a.md?p=b-6) makes and keeps records under section 15C(b) or 17(h) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 ([15 U.S.C. 78o](/usc/15/78o.md)–5(b), 78q(h));
          - (cc)
            - (AA) a [futures commission merchant](/usc/7/1a.md?p=28-A) that is primarily or substantially engaged in the business activities described in [section 1a of this title](/usc/7/1a.md), is registered under this chapter, is not a [person](/usc/7/1a.md?p=38) described in item (bb) of this subclause, and maintains adjusted net capital equal to or in excess of the dollar amount that applies for purposes of clause (ii) of this subparagraph; or
            - (BB) an affiliated [person](/usc/7/1a.md?p=38) of a [futures commission merchant](/usc/7/1a.md?p=28-A) that is primarily or substantially engaged in the business activities described in [section 1a of this title](/usc/7/1a.md), is registered under this chapter, and is not a [person](/usc/7/1a.md?p=38) described in item (bb) of this subclause, if the affiliated [person](/usc/7/1a.md?p=38) maintains adjusted net capital equal to or in excess of the dollar amount that applies for purposes of clause (ii) of this subparagraph and is not a [person](/usc/7/1a.md?p=38) described in such [item (bb)](#c-2-B-i-II-bb), and the [futures commission merchant](/usc/7/1a.md?p=28-A) makes and keeps records under [section 6f(c)(2)(B) of this title](/usc/7/6f.md?p=c-2-B) concerning the futures and other financial activities of the affiliated [person](/usc/7/1a.md?p=38);
          - (dd) a financial holding company (as defined in [section 1841 of title 12](/usc/12/1841.md)); or
          - (ff) [^6] a retail foreign [exchange](/usc/7/1a.md?p=1-D) [dealer](/usc/7/499a.md?p=b-6) that maintains adjusted net capital equal to or in excess of the dollar amount that applies for purposes of clause (ii) of this subparagraph and is registered in such capacity with the [Commission](/usc/7/1a.md?p=8), subject to such terms and conditions as the [Commission](/usc/7/1a.md?p=8) shall prescribe, and is a [member](/usc/7/1a.md?p=34) of a futures association registered under [section 21 of this title](/usc/7/21.md).
      - (ii) The dollar amount that applies for purposes of this clause is—
        - (I) $10,000,000, beginning 120 days after the date of the enactment of this clause;
        - (II) $15,000,000, beginning 240 days after such date of enactment; and
        - (III) $20,000,000, beginning 360 days after such date of enactment.
      - (iii) Notwithstanding items [(cc)](#c-2-B-i-II-cc) and (gg) of clause (i)(II) of this subparagraph, agreements, contracts, or transactions described in clause (i) of this subparagraph, and accounts or pooled investment vehicles described in [clause (vi)](#c-2-B-vi), shall be subject to [subsection (a)(1)(B)](#a-1-B) of this section and sections [6(b)](/usc/7/6.md?p=b), [6b](/usc/7/6b.md), [6c(b)](/usc/7/6c.md?p=b), [6o](/usc/7/6o.md), [9](/usc/7/9.md), and [13b](/usc/7/13b.md) of this title (except to the extent that sections [9](/usc/7/9.md) and [13b](/usc/7/13b.md) of this title prohibit manipulation of the [market](/usc/7/198.md?p=1) price of any [commodity](/usc/7/1a.md?p=9) in [interstate commerce](/usc/7/1a.md?p=30), or for [future delivery](/usc/7/1a.md?p=27) on or subject to the rules of any [market](/usc/7/198.md?p=1)), 13a–1, 13a–2, 12(a), 13c(a), and [13c(b)](/usc/7/13c.md?p=b) of this title if the agreements, contracts, or transactions are offered, or entered into, by a [person](/usc/7/1a.md?p=38) that is registered as a [futures commission merchant](/usc/7/1a.md?p=28-A) or retail foreign [exchange](/usc/7/1a.md?p=1-D) [dealer](/usc/7/499a.md?p=b-6), or an affiliated [person](/usc/7/1a.md?p=38) of a [futures commission merchant](/usc/7/1a.md?p=28-A) registered under this chapter that is not also a [person](/usc/7/1a.md?p=38) described in any of item (aa), (bb), (ee),[^1] or (ff) of clause (i)(II) of this subparagraph.
      - (iv)
        - (I) Notwithstanding items [(cc)](#c-2-B-iv-I-cc) and (gg)[^1] of [clause (i)(II)](#c-2-B-i-II), a [person](/usc/7/1a.md?p=38), unless registered in such capacity as the [Commission](/usc/7/1a.md?p=8) by rule, regulation, or order shall determine and a [member](/usc/7/1a.md?p=34) of a futures association registered under [section 21 of this title](/usc/7/21.md), shall not—
          - (aa) solicit or accept orders from any [person](/usc/7/1a.md?p=38) that is not an [eligible contract participant](/usc/7/1a.md?p=18) in connection with agreements, contracts, or transactions described in [clause (i)](#c-2-B-i) entered into with or to be entered into with a [person](/usc/7/1a.md?p=38) who is not described in item [(aa)](#c-2-B-iv-I-aa), [(bb)](#c-2-B-iv-I-bb), (ee),[^1] or (ff) of [clause (i)(II)](#c-2-B-i-II);
          - (bb) exercise discretionary trading authority or obtain written authorization to exercise discretionary trading authority over any account for or on behalf of any [person](/usc/7/1a.md?p=38) that is not an [eligible contract participant](/usc/7/1a.md?p=18) in connection with agreements, contracts, or transactions described in [clause (i)](#c-2-B-i) entered into with or to be entered into with a [person](/usc/7/1a.md?p=38) who is not described in item [(aa)](#c-2-B-iv-I-aa), [(bb)](#c-2-B-iv-I-bb), (ee),[^1] or (ff) of [clause (i)(II)](#c-2-B-i-II); or
          - (cc) operate or solicit funds, [securities](/usc/7/1a.md?p=41), or property for any pooled investment vehicle that is not an [eligible contract participant](/usc/7/1a.md?p=18) in connection with agreements, contracts, or transactions described in [clause (i)](#c-2-B-i) entered into with or to be entered into with a [person](/usc/7/1a.md?p=38) who is not described in item [(aa)](#c-2-B-iv-I-aa), [(bb)](#c-2-B-iv-I-bb), (ee),[^1] or (ff) of [clause (i)(II)](#c-2-B-i-II).
        - (II) Subclause (I) of this clause shall not apply to—
          - (aa) any [person](/usc/7/1a.md?p=38) described in any of item [(aa)](#c-2-B-iv-II-aa), [(bb)](#c-2-B-iv-II-bb), (ee),[^1] or (ff) of [clause (i)(II)](#c-2-B-i-II);
          - (bb) any such [person](/usc/7/1a.md?p=38)’s associated [persons](/usc/7/1a.md?p=38); or
          - (cc) any [person](/usc/7/1a.md?p=38) who would be exempt from registration if engaging in the same activities in connection with transactions conducted on or subject to the rules of a contract [market](/usc/7/198.md?p=1) or a derivatives transaction execution facility.
        - (III) Notwithstanding items (cc) and (gg)[^1] of [clause (i)(II)](#c-2-B-i-II), the [Commission](/usc/7/1a.md?p=8) may make, promulgate, and enforce such rules and regulations as, in the judgment of the [Commission](/usc/7/1a.md?p=8), are reasonably necessary to effectuate any of the provisions of, or to accomplish any of the purposes of, this chapter in connection with the activities of [persons](/usc/7/1a.md?p=38) subject to [subclause (I)](#c-2-B-iv-I).
        - (IV) Subclause (III) of this clause shall not apply to—
          - (aa) any [person](/usc/7/1a.md?p=38) described in any of item [(aa)](#c-2-B-i-II-aa) through [(ff)](#c-2-B-i-II-ff) of clause (i)(II);
          - (bb) any such [person](/usc/7/1a.md?p=38)’s associated [persons](/usc/7/1a.md?p=38); or
          - (cc) any [person](/usc/7/1a.md?p=38) who would be exempt from registration if engaging in the same activities in connection with transactions conducted on or subject to the rules of a contract [market](/usc/7/198.md?p=1) or a derivatives transaction execution facility.
      - (v) Notwithstanding items (cc) and (gg)[^1] of [clause (i)(II)](#c-2-B-i-II), the [Commission](/usc/7/1a.md?p=8) may make, promulgate, and enforce such rules and regulations as, in the judgment of the [Commission](/usc/7/1a.md?p=8), are reasonably necessary to effectuate any of the provisions of, or to accomplish any of the purposes of, this chapter in connection with agreements, contracts, or transactions described in [clause (i)](#c-2-B-i) which are offered, or entered into, by a [person](/usc/7/1a.md?p=38) described in item (cc) or (gg)[^1] of [clause (i)(II)](#c-2-B-i-II).
      - (vi) This chapter applies to, and the [Commission](/usc/7/1a.md?p=8) shall have jurisdiction over, an account or pooled investment vehicle that is offered for the purpose of trading, or that trades, any agreement, contract, or transaction in foreign currency described in [clause (i)](#c-2-B-i).
    - (C)
      - (i)
        - (I) This subparagraph shall apply to any agreement, contract, or transaction in foreign currency that is—
          - (aa) offered to, or entered into with, a [person](/usc/7/1a.md?p=38) that is not an [eligible contract participant](/usc/7/1a.md?p=18) (except that this subparagraph shall not apply if the counterparty, or the [person](/usc/7/1a.md?p=38) offering to be the counterparty, of the [person](/usc/7/1a.md?p=38) that is not an [eligible contract participant](/usc/7/1a.md?p=18) is a [person](/usc/7/1a.md?p=38) described in any of item [(aa)](#c-2-C-i-I-aa), [(bb)](#c-2-C-i-I-bb), (ee),[^1] or (ff) of [subparagraph (B)(i)(II)](#c-2-B-i-II)); and
          - (bb) offered, or entered into, on a leveraged or margined basis, or financed by the offeror, the counterparty, or a [person](/usc/7/1a.md?p=38) acting in concert with the offeror or counterparty on a similar basis.
        - (II) Subclause (I) of this clause shall not apply to—
          - (aa) a [security](/usc/7/1a.md?p=41) that is not a [security futures product](/usc/7/1a.md?p=45); or
          - (bb) a [contract of sale](/usc/7/1a.md?p=13) that—
            - (AA) results in actual delivery within 2 days; or
            - (BB) creates an enforceable obligation to deliver between a seller and buyer that have the ability to deliver and accept delivery, respectively, in connection with their line of business.
      - (ii)
        - (I) Agreements, contracts, or transactions described in clause (i) of this subparagraph, and accounts or pooled investment vehicles described in [clause (vii)](#c-2-C-vii), shall be subject to [subsection (a)(1)(B)](#a-1-B) of this section and sections [6(b)](/usc/7/6.md?p=b), [6b](/usc/7/6b.md), [6c(b)](/usc/7/6c.md?p=b), [6o](/usc/7/6o.md), [9](/usc/7/9.md), and [13b](/usc/7/13b.md) of this title (except to the extent that sections [9](/usc/7/9.md) and [13b](/usc/7/13b.md) of this title prohibit manipulation of the [market](/usc/7/198.md?p=1) price of any [commodity](/usc/7/1a.md?p=9) in [interstate commerce](/usc/7/1a.md?p=30), or for [future delivery](/usc/7/1a.md?p=27) on or subject to the rules of any [market](/usc/7/198.md?p=1)), 13a–1, 13a–2, 12(a), 13c(a), and [13c(b)](/usc/7/13c.md?p=b) of this title.
        - (II) Subclause (I) of this clause shall not apply to—
          - (aa) any [person](/usc/7/1a.md?p=38) described in any of item [(aa)](#c-2-C-ii-II-aa), [(bb)](#c-2-C-ii-II-bb), (ee),[^1] or (ff) of [subparagraph (B)(i)(II)](#c-2-B-i-II); or
          - (bb) any such [person](/usc/7/1a.md?p=38)’s associated [persons](/usc/7/1a.md?p=38).
        - (III) The [Commission](/usc/7/1a.md?p=8) may make, promulgate, and enforce such rules and regulations as, in the judgment of the [Commission](/usc/7/1a.md?p=8), are reasonably necessary to effectuate any of the provisions of or to accomplish any of the purposes of this chapter in connection with agreements, contracts, or transactions described in clause (i) of this subparagraph if the agreements, contracts, or transactions are offered, or entered into, by a [person](/usc/7/1a.md?p=38) that is not described in item [(aa)](#c-2-B-i-II-aa) through [(ff)](#c-2-B-i-II-ff) of subparagraph (B)(i)(II).
      - (iii)
        - (I) A [person](/usc/7/1a.md?p=38), unless registered in such capacity as the [Commission](/usc/7/1a.md?p=8) by rule, regulation, or order shall determine and a [member](/usc/7/1a.md?p=34) of a futures association registered under [section 21 of this title](/usc/7/21.md), shall not—
          - (aa) solicit or accept orders from any [person](/usc/7/1a.md?p=38) that is not an [eligible contract participant](/usc/7/1a.md?p=18) in connection with agreements, contracts, or transactions described in clause (i) of this subparagraph entered into with or to be entered into with a [person](/usc/7/1a.md?p=38) who is not described in item [(aa)](#c-2-C-iii-I-aa), [(bb)](#c-2-C-iii-I-bb), (ee),[^1] or (ff) of [subparagraph (B)(i)(II)](#c-2-B-i-II);
          - (bb) exercise discretionary trading authority or obtain written authorization to exercise written trading authority over any account for or on behalf of any [person](/usc/7/1a.md?p=38) that is not an [eligible contract participant](/usc/7/1a.md?p=18) in connection with agreements, contracts, or transactions described in clause (i) of this subparagraph entered into with or to be entered into with a [person](/usc/7/1a.md?p=38) who is not described in item [(aa)](#c-2-C-iii-I-aa), [(bb)](#c-2-C-iii-I-bb), (ee),[^1] or (ff) of [subparagraph (B)(i)(II)](#c-2-B-i-II); or
          - (cc) operate or solicit funds, [securities](/usc/7/1a.md?p=41), or property for any pooled investment vehicle that is not an [eligible contract participant](/usc/7/1a.md?p=18) in connection with agreements, contracts, or transactions described in clause (i) of this subparagraph entered into with or to be entered into with a [person](/usc/7/1a.md?p=38) who is not described in item [(aa)](#c-2-C-iii-I-aa), [(bb)](#c-2-C-iii-I-bb), (ee),[^1] or (ff) of [subparagraph (B)(i)(II)](#c-2-B-i-II).
        - (II) Subclause (I) of this clause shall not apply to—
          - (aa) any [person](/usc/7/1a.md?p=38) described in item [(aa)](#c-2-C-iii-II-aa), [(bb)](#c-2-C-iii-II-bb), (ee),[^1] or (ff) of [subparagraph (B)(i)(II)](#c-2-B-i-II);
          - (bb) any such [person](/usc/7/1a.md?p=38)’s associated [persons](/usc/7/1a.md?p=38); or
          - (cc) any [person](/usc/7/1a.md?p=38) who would be exempt from registration if engaging in the same activities in connection with transactions conducted on or subject to the rules of a contract [market](/usc/7/198.md?p=1) or a derivatives transaction execution facility.
        - (III) The [Commission](/usc/7/1a.md?p=8) may make, promulgate, and enforce such rules and regulations as, in the judgment of the [Commission](/usc/7/1a.md?p=8), are reasonably necessary to effectuate any of the provisions of, or to accomplish any of the purposes of, this chapter in connection with the activities of [persons](/usc/7/1a.md?p=38) subject to [subclause (I)](#c-2-C-iii-I).
        - (IV) Subclause (III) of this clause shall not apply to—
          - (aa) any [person](/usc/7/1a.md?p=38) described in item [(aa)](#c-2-B-i-II-aa) through [(ff)](#c-2-B-i-II-ff) of subparagraph (B)(i)(II);
          - (bb) any such [person](/usc/7/1a.md?p=38)’s associated [persons](/usc/7/1a.md?p=38); or
          - (cc) any [person](/usc/7/1a.md?p=38) who would be exempt from registration if engaging in the same activities in connection with transactions conducted on or subject to the rules of a contract [market](/usc/7/198.md?p=1) or a derivatives transaction execution facility.
      - (iv) Sections [6(b)](/usc/7/6.md?p=b) and [6b](/usc/7/6b.md) of this title shall apply to any agreement, contract, or transaction described in clause (i) of this subparagraph as if the agreement, contract, or transaction were a [contract of sale](/usc/7/1a.md?p=13) of a [commodity](/usc/7/1a.md?p=9) for [future delivery](/usc/7/1a.md?p=27).
      - (v) This subparagraph shall not be construed to limit any jurisdiction that the [Commission](/usc/7/1a.md?p=8) may otherwise have under any other provision of this chapter over an agreement, contract, or transaction that is a [contract of sale](/usc/7/1a.md?p=13) of a [commodity](/usc/7/1a.md?p=9) for [future delivery](/usc/7/1a.md?p=27).
      - (vi) This subparagraph shall not be construed to limit any jurisdiction that the [Commission](/usc/7/1a.md?p=8) or the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) may otherwise have under any other provision of this chapter with respect to [security futures products](/usc/7/1a.md?p=45) and [persons](/usc/7/1a.md?p=38) effecting transactions in [security futures products](/usc/7/1a.md?p=45).
      - (vii) This chapter applies to, and the [Commission](/usc/7/1a.md?p=8) shall have jurisdiction over, an account or pooled investment vehicle that is offered for the purpose of trading, or that trades, any agreement, contract, or transaction in foreign currency described in [clause (i)](#c-2-C-i).
    - (D) **Retail commodity transactions—**
      - (i) **Applicability—** Except as provided in [clause (ii)](#c-2-D-ii), this subparagraph shall apply to any agreement, contract, or transaction in any [commodity](/usc/7/1a.md?p=9) that is—
        - (I) entered into with, or offered to (even if not entered into with), a [person](/usc/7/1a.md?p=38) that is not an [eligible contract participant](/usc/7/1a.md?p=18) or [eligible commercial entity](/usc/7/1a.md?p=17); and
        - (II) entered into, or offered (even if not entered into), on a leveraged or margined basis, or financed by the offeror, the counterparty, or a [person](/usc/7/1a.md?p=38) acting in concert with the offeror or counterparty on a similar basis.
      - (ii) **Exceptions—** This subparagraph shall not apply to—
        - (I) an agreement, contract, or transaction described in [paragraph (1)](#c-1) or subparagraphs[^7] (A), (B), or (C), including any agreement, contract, or transaction specifically excluded from subparagraph [(A)](#c-2-A), [(B)](#c-2-B), or [(C)](#c-2-C);
        - (II) any [security](/usc/7/1a.md?p=41);
        - (III) a [contract of sale](/usc/7/1a.md?p=13) that—
          - (aa) results in actual delivery within 28 days or such other longer period as the [Commission](/usc/7/1a.md?p=8) may determine by rule or regulation based upon the typical commercial practice in cash or spot [markets](/usc/7/198.md?p=1) for the [commodity](/usc/7/1a.md?p=9) involved; or
          - (bb) creates an enforceable obligation to deliver between a seller and a buyer that have the ability to deliver and accept delivery, respectively, in connection with the line of business of the seller and buyer; or
        - (IV) an agreement, contract, or transaction that is listed on a national [securities](/usc/7/1a.md?p=41) [exchange](/usc/7/1a.md?p=1-D) registered under section 6(a) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 ([15 U.S.C. 78f(a)](/usc/15/78f.md?p=a)); or
        - (V) an [identified banking product](/usc/7/27.md?p=b), as defined in [section 27(b) of this title](/usc/7/27.md?p=b).
      - (iii) **Enforcement—** Sections [6(a)](/usc/7/6.md?p=a), [6(b)](/usc/7/6.md?p=b), and [6b](/usc/7/6b.md) of this title apply to any agreement, contract, or transaction described in [clause (i)](#c-2-D-i), as if the agreement, contract, or transaction was a [contract of sale](/usc/7/1a.md?p=13) of a [commodity](/usc/7/1a.md?p=9) for [future delivery](/usc/7/1a.md?p=27).
      - (iv) **Eligible commercial entity—** For purposes of this subparagraph, an agricultural producer, [packer](/usc/7/198.md?p=2), or handler shall be considered to be an [eligible commercial entity](/usc/7/1a.md?p=17) for any agreement, contract, or transaction for a [commodity](/usc/7/1a.md?p=9) in connection with the line of business of the agricultural producer, [packer](/usc/7/198.md?p=2), or handler.
    - (E) **Prohibition—**
      - (i) **Definition of Federal regulatory agency—** In this subparagraph, the term “Federal regulatory agency” means—
        - (I) the [Commission](/usc/7/1a.md?p=8);
        - (II) the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8);
        - (III) an [appropriate Federal banking agency](/usc/7/1a.md?p=2);
        - (IV) the National Credit Union Association; and
        - (V) the Farm Credit Administration.
      - (ii) **Prohibition—**
        - (I) **In general—** Except as provided in [subclause (II)](#c-2-E-ii-II), a [person](/usc/7/1a.md?p=38) described in [subparagraph (B)(i)(II)](#c-2-B-i-II) for which there is a Federal regulatory agency shall not [offer](/usc/7/1a.md?p=36) to, or enter into with, a [person](/usc/7/1a.md?p=38) that is not an [eligible contract participant](/usc/7/1a.md?p=18), any agreement, contract, or transaction in foreign currency described in [subparagraph (B)(i)(I)](#c-2-B-i-I) except pursuant to a rule or regulation of a Federal regulatory agency allowing the agreement, contract, or transaction under such terms and conditions as the Federal regulatory agency shall prescribe.
        - (II) **Effective date—** With regard to [persons](/usc/7/1a.md?p=38) described in [subparagraph (B)(i)(II)](#c-2-B-i-II) for which a Federal regulatory agency has issued a proposed rule concerning agreements, contracts, or transactions in foreign currency described in [subparagraph (B)(i)(I)](#c-2-B-i-I) prior to July 21, 2010, [subclause (I)](#c-2-E-ii-I) shall take effect 90 days after July 21, 2010.
      - (iii) **Requirements of rules and regulations—**
        - (I) **In general—** The rules and regulations described in [clause (ii)](#c-2-E-ii) shall prescribe appropriate requirements with respect to—
          - (aa) disclosure;
          - (bb) recordkeeping;
          - (cc) capital and margin;
          - (dd) reporting;
          - (ee) business conduct;
          - (ff) documentation; and
          - (gg) such other standards or requirements as the Federal regulatory agency shall determine to be necessary.
        - (II) **Treatment—** The rules or regulations described in [clause (ii)](#c-2-E-ii) shall treat all agreements, contracts, and transactions in foreign currency described in [subparagraph (B)(i)(I)](#c-2-B-i-I), and all agreements, contracts, and transactions in foreign currency that are functionally or economically similar to agreements, contracts, or transactions described in [subparagraph (B)(i)(I)](#c-2-B-i-I), similarly.
- (d) **Swaps—** Nothing in this chapter (other than subparagraphs [(A)](#a-1-A), [(B)](#a-1-B), [(C)](#a-1-C), [(D)](#a-1-D), [(G)](#a-1-G), and [(H)](#a-1-H) of subsection (a)(1), subsections [(f)](#f) and [(g)](#g), sections [1a](/usc/7/1a.md), [2(a)(13)](#a-13), [2(c)(2)(A)(ii)](#c-2-A-ii), [2(e)](#e), [2(h)](#h), [6(c)](/usc/7/6.md?p=c), [6a](/usc/7/6a.md), [6b](/usc/7/6b.md), and [6b–1](/usc/7/6b–1.md) of this title, subsections (a), (b), and (g) of [section 6c of this title](/usc/7/6c.md), sections [6d](/usc/7/6d.md), [6e](/usc/7/6e.md), [6f](/usc/7/6f.md), [6g](/usc/7/6g.md), [6h](/usc/7/6h.md), [6i](/usc/7/6i.md), [6j](/usc/7/6j.md), [6k](/usc/7/6k.md), [6l](/usc/7/6l.md), [6m](/usc/7/6m.md), [6n](/usc/7/6n.md), [6o](/usc/7/6o.md), [6p](/usc/7/6p.md), [6r](/usc/7/6r.md), [6s](/usc/7/6s.md), [6t](/usc/7/6t.md), [7](/usc/7/7.md), [7a–1](/usc/7/7a–1.md), [7a–2](/usc/7/7a–2.md), [7b](/usc/7/7b.md), and [7b–3](/usc/7/7b–3.md) of this title, sections [9](/usc/7/9.md) and [13b](/usc/7/13b.md) of this title, sections [13a–1](/usc/7/13a–1.md), [13a–2](/usc/7/13a–2.md), [12](/usc/7/12.md), [12a](/usc/7/12a.md), and [13](/usc/7/13.md) of this title, subsections (e)(2), (f), and (h) of [section 16 of this title](/usc/7/16.md), subsections (a) and (b) of [section 13c of this title](/usc/7/13c.md), sections [21](/usc/7/21.md), [24](/usc/7/24.md), [24a](/usc/7/24a.md), and [25(a)(4)](/usc/7/25.md?p=a-4) of this title, and any other provision of this chapter that is applicable to [registered entities](/usc/7/1a.md?p=40) or [Commission](/usc/7/1a.md?p=8) registrants) governs or applies to a [swap](/usc/7/1a.md?p=47-A).
- (e) **Limitation on participation—** It shall be unlawful for any [person](/usc/7/1a.md?p=38), other than an [eligible contract participant](/usc/7/1a.md?p=18), to enter into a [swap](/usc/7/1a.md?p=47-A) unless the [swap](/usc/7/1a.md?p=47-A) is entered into on, or subject to the rules of, a [board of trade](/usc/7/1a.md?p=6) designated as a contract [market](/usc/7/198.md?p=1) under [section 7 of this title](/usc/7/7.md).
- (f) **Exclusion for qualifying hybrid instruments—**
  - (1) **In general—** Nothing in this chapter (other than [section 16(e)(2)(B) of this title](/usc/7/16.md?p=e-2-B)) governs or is applicable to a [hybrid instrument](/usc/7/1a.md?p=29) that is predominantly a [security](/usc/7/1a.md?p=41).
  - (2) **Predominance—** A [hybrid instrument](/usc/7/1a.md?p=29) shall be considered to be predominantly a [security](/usc/7/1a.md?p=41) if—
    - (A) the issuer of the [hybrid instrument](/usc/7/1a.md?p=29) receives payment in full of the purchase price of the [hybrid instrument](/usc/7/1a.md?p=29), substantially contemporaneously with delivery of the [hybrid instrument](/usc/7/1a.md?p=29);
    - (B) the purchaser or holder of the [hybrid instrument](/usc/7/1a.md?p=29) is not required to make any payment to the issuer in addition to the purchase price paid under [subparagraph (A)](#f-2-A), whether as margin, settlement payment, or otherwise, during the life of the [hybrid instrument](/usc/7/1a.md?p=29) or at maturity;
    - (C) the issuer of the [hybrid instrument](/usc/7/1a.md?p=29) is not subject by the terms of the instrument to mark-to-[market](/usc/7/198.md?p=1) margining requirements; and
    - (D) the [hybrid instrument](/usc/7/1a.md?p=29) is not marketed as a [contract of sale](/usc/7/1a.md?p=13) of a [commodity](/usc/7/1a.md?p=9) for [future delivery](/usc/7/1a.md?p=27) (or [option](/usc/7/1a.md?p=36) on such a contract) subject to this chapter.
  - (3) **Mark-to-market margining requirements—** For the purposes of [paragraph (2)(C)](#f-2-C), mark-to-[market](/usc/7/198.md?p=1) margining requirements do not include the obligation of an issuer of a secured debt instrument to increase the amount of collateral held in pledge for the benefit of the purchaser of the secured debt instrument to secure the repayment obligations of the issuer under the secured debt instrument.
- (g) **Application of commodity futures laws—**
  - (1) No provision of this chapter shall be construed as implying or creating any presumption that—
    - (A) any agreement, contract, or transaction that is excluded from this chapter under subsection [(c)](#c), [(d)](#d), [(e)](#e), [(f)](#f), or [(g)](#g) of this section or title IV of the [Commodity](/usc/7/1a.md?p=9) Futures Modernization Act of 2000 [[7 U.S.C. 27](/usc/7/27.md) to 27f], or exempted under [subsection (h)](#h) of this section or [section 6(c) of this title](/usc/7/6.md?p=c); or
    - (B) any agreement, contract, or transaction, not otherwise subject to this chapter, that is not so excluded or exempted,

    is or would otherwise be subject to this chapter.

  - (2) No provision of, or amendment made by, the [Commodity](/usc/7/1a.md?p=9) Futures Modernization Act of 2000 shall be construed as conferring jurisdiction on the [Commission](/usc/7/1a.md?p=8) with respect to any such agreement, contract, or transaction, except as expressly provided in [section 7a–1 of this title](/usc/7/7a–1.md).
- (h) **Clearing requirement—**
  - (1) **In general—**
    - (A) **Standard for clearing—** It shall be unlawful for any [person](/usc/7/1a.md?p=38) to engage in a [swap](/usc/7/1a.md?p=47-A) unless that [person](/usc/7/1a.md?p=38) submits such [swap](/usc/7/1a.md?p=47-A) for clearing to a [derivatives clearing organization](/usc/7/1a.md?p=15-A) that is registered under this chapter or a [derivatives clearing organization](/usc/7/1a.md?p=15-A) that is exempt from registration under this chapter if the [swap](/usc/7/1a.md?p=47-A) is required to be cleared.
    - (B) **Open access—** The rules of a [derivatives clearing organization](/usc/7/1a.md?p=15-A) described in [subparagraph (A)](#h-1-A) shall—
      - (i) prescribe that all [swaps](/usc/7/1a.md?p=47-A) (but not contracts of sale of a [commodity](/usc/7/1a.md?p=9) for [future delivery](/usc/7/1a.md?p=27) or [options](/usc/7/1a.md?p=36) on such contracts) submitted to the [derivatives clearing organization](/usc/7/1a.md?p=15-A) with the same terms and conditions are economically equivalent within the [derivatives clearing organization](/usc/7/1a.md?p=15-A) and may be offset with each other within the [derivatives clearing organization](/usc/7/1a.md?p=15-A); and
      - (ii) provide for non-discriminatory clearing of a [swap](/usc/7/1a.md?p=47-A) (but not a [contract of sale](/usc/7/1a.md?p=13) of a [commodity](/usc/7/1a.md?p=9) for [future delivery](/usc/7/1a.md?p=27) or [option](/usc/7/1a.md?p=36) on such contract) executed bilaterally or on or through the rules of an unaffiliated designated contract [market](/usc/7/198.md?p=1) or [swap execution facility](/usc/7/1a.md?p=50).
  - (2) **Commission review—**
    - (A) **Commission-initiated review—**
      - (i) The [Commission](/usc/7/1a.md?p=8) on an ongoing basis shall review each [swap](/usc/7/1a.md?p=47-A), or any group, category, type, or class of [swaps](/usc/7/1a.md?p=47-A) to make a determination as to whether the [swap](/usc/7/1a.md?p=47-A) or group, category, type, or class of [swaps](/usc/7/1a.md?p=47-A) should be required to be cleared.
      - (ii) The [Commission](/usc/7/1a.md?p=8) shall provide at least a 30-day public comment period regarding any determination made under [clause (i)](#h-2-A-i).
    - (B) **Swap submissions—**
      - (i) A [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall submit to the [Commission](/usc/7/1a.md?p=8) each [swap](/usc/7/1a.md?p=47-A), or any group, category, type, or class of [swaps](/usc/7/1a.md?p=47-A) that it plans to accept for clearing, and provide notice to its [members](/usc/7/1a.md?p=34) (in a manner to be determined by the [Commission](/usc/7/1a.md?p=8)) of the submission.
      - (ii) Any [swap](/usc/7/1a.md?p=47-A) or group, category, type, or class of [swaps](/usc/7/1a.md?p=47-A) listed for clearing by a derivative clearing organization as of July 21, 2010, shall be considered submitted to the [Commission](/usc/7/1a.md?p=8).
      - (iii) The [Commission](/usc/7/1a.md?p=8) shall—
        - (I) make available to the public submissions received under clauses [(i)](#h-2-B-i) and [(ii)](#h-2-B-ii);
        - (II) review each submission made under clauses [(i)](#h-2-B-i) and [(ii)](#h-2-B-ii), and determine whether the [swap](/usc/7/1a.md?p=47-A), or group, category, type, or class of [swaps](/usc/7/1a.md?p=47-A) described in the submission is required to be cleared; and
        - (III) provide at least a 30-day public comment period regarding its determination as to whether the clearing requirement under [paragraph (1)(A)](#h-1-A) shall apply to the submission.
    - (C) **Deadline—** The [Commission](/usc/7/1a.md?p=8) shall make its determination under [subparagraph (B)(iii)](#h-2-B-iii) not later than 90 days after receiving a submission made under subparagraphs [(B)(i)](#h-2-B-i) and [(B)(ii)](#h-2-B-ii), unless the submitting [derivatives clearing organization](/usc/7/1a.md?p=15-A) agrees to an extension for the time limitation established under this subparagraph.
    - (D) **Determination—**
      - (i) In reviewing a submission made under [subparagraph (B)](#h-2-B), the [Commission](/usc/7/1a.md?p=8) shall review whether the submission is consistent with [section 7a–1(c)(2) of this title](/usc/7/7a–1.md?p=c-2).
      - (ii) In reviewing a [swap](/usc/7/1a.md?p=47-A), group of [swaps](/usc/7/1a.md?p=47-A), or class of [swaps](/usc/7/1a.md?p=47-A) pursuant to [subparagraph (A)](#h-2-A) or a submission made under [subparagraph (B)](#h-2-B), the [Commission](/usc/7/1a.md?p=8) shall take into account the following factors:
        - (I) The existence of significant outstanding notional exposures, trading liquidity, and adequate pricing data.
        - (II) The availability of rule framework, capacity, operational expertise and resources, and credit support infrastructure to clear the contract on terms that are consistent with the material terms and trading conventions on which the contract is then traded.
        - (III) The effect on the mitigation of systemic risk, taking into account the size of the [market](/usc/7/198.md?p=1) for such contract and the resources of the [derivatives clearing organization](/usc/7/1a.md?p=15-A) available to clear the contract.
        - (IV) The effect on competition, including appropriate fees and charges applied to clearing.
        - (V) The existence of reasonable legal certainty in the event of the insolvency of the relevant [derivatives clearing organization](/usc/7/1a.md?p=15-A) or 1 or more of its clearing [members](/usc/7/1a.md?p=34) with regard to the treatment of [customer](/usc/7/24.md?p=b) and [swap](/usc/7/1a.md?p=47-A) counterparty positions, funds, and property.
      - (iii) In making a determination under subparagraph [(A)](#h-2-A) or [(B)(iii)](#h-2-B-iii) that the clearing requirement shall apply, the [Commission](/usc/7/1a.md?p=8) may require such terms and conditions to the requirement as the [Commission](/usc/7/1a.md?p=8) determines to be appropriate.
    - (E) **Rules—** Not later than 1 year after July 21, 2010, the [Commission](/usc/7/1a.md?p=8) shall adopt rules for a [derivatives clearing organization](/usc/7/1a.md?p=15-A)’s submission for review, pursuant to this paragraph, of a [swap](/usc/7/1a.md?p=47-A), or a group, category, type, or class of [swaps](/usc/7/1a.md?p=47-A), that it seeks to accept for clearing. Nothing in this subparagraph limits the [Commission](/usc/7/1a.md?p=8) from making a determination under [subparagraph (B)(iii)](#h-2-B-iii) for [swaps](/usc/7/1a.md?p=47-A) described in [subparagraph (B)(ii)](#h-2-B-ii).
  - (3) **Stay of clearing requirement—**
    - (A) **In general—** After making a determination pursuant to [paragraph (2)(B)](#h-2-B), the [Commission](/usc/7/1a.md?p=8), on application of a counterparty to a [swap](/usc/7/1a.md?p=47-A) or on its own initiative, may stay the clearing requirement of [paragraph (1)](#h-1) until the [Commission](/usc/7/1a.md?p=8) completes a review of the terms of the [swap](/usc/7/1a.md?p=47-A) (or the group, category, type, or class of [swaps](/usc/7/1a.md?p=47-A)) and the clearing arrangement.
    - (B) **Deadline—** The [Commission](/usc/7/1a.md?p=8) shall complete a review undertaken pursuant to [subparagraph (A)](#h-3-A) not later than 90 days after issuance of the stay, unless the [derivatives clearing organization](/usc/7/1a.md?p=15-A) that clears the [swap](/usc/7/1a.md?p=47-A), or group, category, type, or class of [swaps](/usc/7/1a.md?p=47-A) agrees to an extension of the time limitation established under this subparagraph.
    - (C) **Determination—** Upon completion of the review undertaken pursuant to [subparagraph (A)](#h-3-A), the [Commission](/usc/7/1a.md?p=8) may—
      - (i) determine, unconditionally or subject to such terms and conditions as the [Commission](/usc/7/1a.md?p=8) determines to be appropriate, that the [swap](/usc/7/1a.md?p=47-A), or group, category, type, or class of [swaps](/usc/7/1a.md?p=47-A) must be cleared pursuant to this subsection if it finds that such clearing is consistent with [paragraph (2)(D)](#h-2-D); or
      - (ii) determine that the clearing requirement of [paragraph (1)](#h-1) shall not apply to the [swap](/usc/7/1a.md?p=47-A), or group, category, type, or class of [swaps](/usc/7/1a.md?p=47-A).
    - (D) **Rules—** Not later than 1 year after July 21, 2010, the [Commission](/usc/7/1a.md?p=8) shall adopt rules for reviewing, pursuant to this paragraph, a [derivatives clearing organization](/usc/7/1a.md?p=15-A)’s clearing of a [swap](/usc/7/1a.md?p=47-A), or a group, category, type, or class of [swaps](/usc/7/1a.md?p=47-A), that it has accepted for clearing.
  - (4) **Prevention of evasion—**
    - (A) **In general—** The [Commission](/usc/7/1a.md?p=8) shall prescribe rules under this subsection (and issue interpretations of rules prescribed under this subsection) as determined by the [Commission](/usc/7/1a.md?p=8) to be necessary to prevent evasions of the mandatory clearing requirements under this chapter.
    - (B) **Duty of Commission to investigate and take certain actions—** To the extent the [Commission](/usc/7/1a.md?p=8) finds that a particular [swap](/usc/7/1a.md?p=47-A), group, category, type, or class of [swaps](/usc/7/1a.md?p=47-A) would otherwise be subject to mandatory clearing but no [derivatives clearing organization](/usc/7/1a.md?p=15-A) has listed the [swap](/usc/7/1a.md?p=47-A), group, category, type, or class of [swaps](/usc/7/1a.md?p=47-A) for clearing, the [Commission](/usc/7/1a.md?p=8) shall—
      - (i) investigate the relevant facts and circumstances;
      - (ii) within 30 days issue a public report containing the results of the investigation; and
      - (iii) take such actions as the [Commission](/usc/7/1a.md?p=8) determines to be necessary and in the public interest, which may include requiring the retaining of adequate margin or capital by parties to the [swap](/usc/7/1a.md?p=47-A), group, category, type, or class of [swaps](/usc/7/1a.md?p=47-A).
    - (C) **Effect on authority—** Nothing in this paragraph—
      - (i) authorizes the [Commission](/usc/7/1a.md?p=8) to adopt rules requiring a [derivatives clearing organization](/usc/7/1a.md?p=15-A) to list for clearing a [swap](/usc/7/1a.md?p=47-A), group, category, type, or class of [swaps](/usc/7/1a.md?p=47-A) if the clearing of the [swap](/usc/7/1a.md?p=47-A), group, category, type, or class of [swaps](/usc/7/1a.md?p=47-A) would threaten the financial integrity of the [derivatives clearing organization](/usc/7/1a.md?p=15-A); and
      - (ii) affects the authority of the [Commission](/usc/7/1a.md?p=8) to enforce the open access provisions of [paragraph (1)(B)](#h-1-B) with respect to a [swap](/usc/7/1a.md?p=47-A), group, category, type, or class of [swaps](/usc/7/1a.md?p=47-A) that is listed for clearing by a [derivatives clearing organization](/usc/7/1a.md?p=15-A).
  - (5) **Reporting transition rules—** Rules adopted by the [Commission](/usc/7/1a.md?p=8) under this section shall provide for the reporting of data, as follows:
    - (A) [Swaps](/usc/7/1a.md?p=47-A) entered into before 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) no later than 180 days after the effective date of this subsection.
    - (B) [Swaps](/usc/7/1a.md?p=47-A) entered into on or after 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) no later than the later of—
      - (i) 90 days after such effective date; or
      - (ii) such other time after entering into the [swap](/usc/7/1a.md?p=47-A) as the [Commission](/usc/7/1a.md?p=8) may prescribe by rule or regulation.
  - (6) **Clearing transition rules—**
    - (A) [Swaps](/usc/7/1a.md?p=47-A) entered into before July 21, 2010, are exempt from the clearing requirements of this subsection if reported pursuant to [paragraph (5)(A)](#h-5-A).
    - (B) [Swaps](/usc/7/1a.md?p=47-A) entered into before application of the clearing requirement pursuant to this subsection are exempt from the clearing requirements of this subsection if reported pursuant to [paragraph (5)(B)](#h-5-B).
  - (7) **Exceptions—**
    - (A) **In general—** The requirements of [paragraph (1)(A)](#h-1-A) shall not apply to a [swap](/usc/7/1a.md?p=47-A) if 1 of the counterparties to the [swap](/usc/7/1a.md?p=47-A)—
      - (i) is not a financial entity;
      - (ii) is using [swaps](/usc/7/1a.md?p=47-A) to hedge or mitigate commercial risk; and
      - (iii) notifies the [Commission](/usc/7/1a.md?p=8), in a manner set forth by the [Commission](/usc/7/1a.md?p=8), how it generally meets its financial obligations associated with entering into non-[cleared swaps](/usc/7/1a.md?p=7).
    - (B) **Option to clear—** The application of the clearing exception in [subparagraph (A)](#h-7-A) is solely at the discretion of the counterparty to the [swap](/usc/7/1a.md?p=47-A) that meets the conditions of clauses [(i)](#h-7-A-i) through [(iii)](#h-7-A-iii) of subparagraph (A).
    - (C) **Financial entity definition—**
      - (i) **In general—** For the purposes of this paragraph, the term “financial entity” means—
        - (I) a [swap dealer](/usc/7/1a.md?p=49-A);
        - (II) a [security-based swap dealer](/usc/7/1a.md?p=43);
        - (III) a [major swap participant](/usc/7/1a.md?p=33-A);
        - (IV) a [major security-based swap participant](/usc/7/1a.md?p=32);
        - (V) a [commodity pool](/usc/7/1a.md?p=10-A);
        - (VI) a private fund as defined in [section 80b–2(a) of title 15](/usc/15/80b–2.md?p=a);
        - (VII) an employee benefit plan as defined in paragraphs (3) and (32) of [section 1002 of title 29](/usc/29/1002.md);
        - (VIII) a [person](/usc/7/1a.md?p=38) predominantly engaged in activities that are in the business of banking, or in activities that are financial in nature, as defined in [section 1843(k) of title 12](/usc/12/1843.md?p=k).
      - (ii) **Exclusion—** The [Commission](/usc/7/1a.md?p=8) shall consider whether to exempt small [banks](/usc/7/27.md?p=a), savings associations, farm credit system institutions, and credit unions, including—
        - (I) depository institutions with total assets of $10,000,000,000 or less;
        - (II) farm credit system institutions with total assets of $10,000,000,000 or less; or
        - (III) credit unions with total assets of $10,000,000,000 or less.
      - (iii) **Limitation—** Such definition shall not include an entity whose primary business is providing financing, and uses derivatives for the purpose of hedging underlying commercial risks related to interest rate and foreign currency exposures, 90 percent or more of which arise from financing that facilitates the purchase or lease of products, 90 percent or more of which are manufactured by the parent company or another subsidiary of the parent company.
    - (D) **Treatment of affiliates—**
      - (i) **In general—** An affiliate of a [person](/usc/7/1a.md?p=38) that qualifies for an exception under [subparagraph (A)](#h-7-A) (including affiliate entities predominantly engaged in providing financing for the purchase of the merchandise or manufactured goods of the [person](/usc/7/1a.md?p=38)) may qualify for the exception only if the affiliate—
        - (I) enters into the [swap](/usc/7/1a.md?p=47-A) to hedge or mitigate the commercial risk of the [person](/usc/7/1a.md?p=38) or other affiliate of the [person](/usc/7/1a.md?p=38) that is not a financial entity, and the commercial risk that the affiliate is hedging or mitigating has been transferred to the affiliate;
        - (II) is directly and wholly-owned by another affiliate qualified for the exception under this subparagraph or an entity that is not a financial entity;
        - (III) is not indirectly majority-owned by a financial entity;
        - (IV) is not ultimately owned by a parent company that is a financial entity; and
        - (V) does not provide any services, financial or otherwise, to any affiliate that is a nonbank financial company supervised by the [Board](/usc/7/1a.md?p=5) of Governors (as defined under [section 5311 of title 12](/usc/12/5311.md)).
      - (ii) **Limitation on qualifying affiliates—** The exception in [clause (i)](#h-7-D-i) shall not apply if the affiliate is—
        - (I) a [swap dealer](/usc/7/1a.md?p=49-A);
        - (II) a [security-based swap dealer](/usc/7/1a.md?p=43);
        - (III) a [major swap participant](/usc/7/1a.md?p=33-A);
        - (IV) a [major security-based swap participant](/usc/7/1a.md?p=32);
        - (V) a [commodity pool](/usc/7/1a.md?p=10-A);
        - (VI) a [bank](/usc/7/27.md?p=a) holding company;
        - (VII) a private fund, as defined in [section 80b–2(a) of title 15](/usc/15/80b–2.md?p=a);
        - (VIII) an employee benefit plan or government[^8] plan, as defined in paragraphs (3) and (32) of [section 1002 of title 29](/usc/29/1002.md);
        - (IX) an insured depository institution;
        - (X) a farm credit system institution;
        - (XI) a credit union;
        - (XII) a nonbank financial company supervised by the [Board](/usc/7/1a.md?p=5) of Governors (as defined under [section 5311 of title 12](/usc/12/5311.md)); or
        - (XIII) an entity engaged in the business of insurance and subject to capital requirements established by an insurance governmental authority of a [State](/usc/7/198.md?p=5), a territory of the United States, the District of Columbia, a country other than the United States, or a political subdivision of a country other than the United States that is engaged in the supervision of insurance companies under insurance law.
      - (iii) **Limitation on affiliates’ affiliates—** Unless the [Commission](/usc/7/1a.md?p=8) determines, by order, rule, or regulation, that it is in the public interest, the exception in [clause (i)](#h-7-D-i) shall not apply with respect to an affiliate if the affiliate is itself affiliated with—
        - (I) a [major security-based swap participant](/usc/7/1a.md?p=32);
        - (II) a [security-based swap dealer](/usc/7/1a.md?p=43);
        - (III) a [major swap participant](/usc/7/1a.md?p=33-A); or
        - (IV) a [swap dealer](/usc/7/1a.md?p=49-A).
      - (iv) **Conditions on transactions—** With respect to an affiliate that qualifies for the exception in [clause (i)](#h-7-D-i)—
        - (I) the affiliate may not enter into any [swap](/usc/7/1a.md?p=47-A) other than for the purpose of hedging or mitigating commercial risk; and
        - (II) neither the affiliate nor any [person](/usc/7/1a.md?p=38) affiliated with the affiliate that is not a financial entity may enter into a [swap](/usc/7/1a.md?p=47-A) with or on behalf of any affiliate that is a financial entity or otherwise assume, net, combine, or consolidate the risk of [swaps](/usc/7/1a.md?p=47-A) entered into by any such financial entity, except one that is an affiliate that qualifies for the exception under [clause (i)](#h-7-D-i).
      - (v) **Transition rule for affiliates—** An affiliate, subsidiary, or a wholly owned entity of a [person](/usc/7/1a.md?p=38) that qualifies for an exception under [subparagraph (A)](#h-7-A) and is predominantly engaged in providing financing for the purchase or lease of merchandise or manufactured goods of the [person](/usc/7/1a.md?p=38) shall be exempt from the margin requirement described in [section 6s(e) of this title](/usc/7/6s.md?p=e) and the clearing requirement described in [paragraph (1)](#h-1) with regard to [swaps](/usc/7/1a.md?p=47-A) entered into to mitigate the risk of the financing activities for not less than a 2-year period beginning on July 21, 2010.
      - (vi) **Risk management program—** Any [swap](/usc/7/1a.md?p=47-A) entered into by an affiliate that qualifies for the exception in [clause (i)](#h-7-D-i) shall be subject to a centralized risk management program of the affiliate, which is reasonably designed both to monitor and manage the risks associated with the [swap](/usc/7/1a.md?p=47-A) and to identify each of the affiliates on whose behalf a [swap](/usc/7/1a.md?p=47-A) was entered into.
    - (E) **Election of counterparty—**
      - (i) **Swaps required to be cleared—** With respect to any [swap](/usc/7/1a.md?p=47-A) that is subject to the mandatory clearing requirement under this subsection and entered into by a [swap dealer](/usc/7/1a.md?p=49-A) or a [major swap participant](/usc/7/1a.md?p=33-A) with a counterparty that is not a [swap dealer](/usc/7/1a.md?p=49-A), [major swap participant](/usc/7/1a.md?p=33-A), [security-based swap dealer](/usc/7/1a.md?p=43), or [major security-based swap participant](/usc/7/1a.md?p=32), the counterparty shall have the sole right to select the [derivatives clearing organization](/usc/7/1a.md?p=15-A) at which the [swap](/usc/7/1a.md?p=47-A) will be cleared.
      - (ii) **Swaps not required to be cleared—** With respect to any [swap](/usc/7/1a.md?p=47-A) that is not subject to the mandatory clearing requirement under this subsection and entered into by a [swap dealer](/usc/7/1a.md?p=49-A) or a [major swap participant](/usc/7/1a.md?p=33-A) with a counterparty that is not a [swap dealer](/usc/7/1a.md?p=49-A), [major swap participant](/usc/7/1a.md?p=33-A), [security-based swap dealer](/usc/7/1a.md?p=43), or [major security-based swap participant](/usc/7/1a.md?p=32), the counterparty—
        - (I) may elect to require clearing of the [swap](/usc/7/1a.md?p=47-A); and
        - (II) shall have the sole right to select the [derivatives clearing organization](/usc/7/1a.md?p=15-A) at which the [swap](/usc/7/1a.md?p=47-A) will be cleared.
    - (F) **Abuse of exception—** The [Commission](/usc/7/1a.md?p=8) may prescribe such rules or issue interpretations of the rules as the [Commission](/usc/7/1a.md?p=8) determines to be necessary to prevent abuse of the exceptions described in this paragraph. The [Commission](/usc/7/1a.md?p=8) may also request information from those [persons](/usc/7/1a.md?p=38) claiming the clearing exception as necessary to prevent abuse of the exceptions described in this paragraph.
  - (8) **Trade execution—**
    - (A) **In general—** With respect to transactions involving [swaps](/usc/7/1a.md?p=47-A) subject to the clearing requirement of [paragraph (1)](#h-1), counterparties shall—
      - (i) execute the transaction on a [board of trade](/usc/7/1a.md?p=6) designated as a contract [market](/usc/7/198.md?p=1) under [section 7 of this title](/usc/7/7.md); or
      - (ii) execute the transaction on a [swap execution facility](/usc/7/1a.md?p=50) registered under 7b–3[^9] of this title or a [swap execution facility](/usc/7/1a.md?p=50) that is exempt from registration under [section 7b–3(f) of this title](/usc/7/7b–3.md?p=f).
    - (B) **Exception—** The requirements of clauses [(i)](#h-8-A-i) and [(ii)](#h-8-A-ii) of subparagraph (A) shall not apply if no [board of trade](/usc/7/1a.md?p=6) or [swap execution facility](/usc/7/1a.md?p=50) makes the [swap](/usc/7/1a.md?p=47-A) available to trade or for [swap](/usc/7/1a.md?p=47-A) transactions subject to the clearing exception under [paragraph (7)](#h-7).
- (i) **Applicability—** The provisions of this chapter relating to [swaps](/usc/7/1a.md?p=47-A) that were enacted by the Wall Street Transparency and Accountability Act of 2010 (including any rule prescribed or regulation promulgated under that Act), shall not apply to activities outside the United States unless those activities—
  - (1) have a direct and significant connection with activities in, or effect on, commerce of the United States; or
  - (2) contravene such rules or regulations as the [Commission](/usc/7/1a.md?p=8) may prescribe or promulgate as are necessary or appropriate to prevent the evasion of any provision of this chapter that was enacted by the Wall Street Transparency and Accountability Act of 2010.
- (j) **Committee approval by Board—** Exemptions from the requirements of [subsection (h)(1)](#h-1) to clear a [swap](/usc/7/1a.md?p=47-A) and [subsection (h)(8)](#h-8) to execute a [swap](/usc/7/1a.md?p=47-A) through a [board of trade](/usc/7/1a.md?p=6) or [swap execution facility](/usc/7/1a.md?p=50) shall be available to a counterparty that is an issuer of [securities](/usc/7/1a.md?p=41) that are registered under section 12 of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 ([15 U.S.C. 78l](/usc/15/78l.md)) or that is required to file reports pursuant to section 15(d) of the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 ([15 U.S.C. 78o](/usc/15/78o.md)[d]) only if an appropriate committee of the issuer’s [board](/usc/7/1a.md?p=5) or governing body has reviewed and approved its decision to enter into [swaps](/usc/7/1a.md?p=47-A) that are subject to such exemptions.

## Footnotes

[^1]: See References in Text note below.
[^2]: So in original. The word “or” probably should not appear.
[^3]: So in original. Probably should be subclause “(III)”.
[^4]: So in original. Probably should be “section”.
[^5]: So in original.
[^6]: So in original. No item (ee) has been enacted.
[^7]: So in original. Probably should be “subparagraph”.
[^8]: So in original. Probably should be “governmental”.
[^9]: So in original. Probably should be preceded by “section”.

## Source credit

(Sept. 21, 1922, ch. 369, § 2, 42 Stat. 998; June 15, 1936, ch. 545, §§ 2, 3, 49 Stat. 1491; Apr. 7, 1938, ch. 108, 52 Stat. 205; Oct. 9, 1940, ch. 786, § 1, 54 Stat. 1059; Aug. 28, 1954, ch. 1041, title VII, § 710(a), 68 Stat. 913; July 26, 1955, ch. 382, § 1, 69 Stat. 375; Pub. L. 90–258, § 1, Feb. 19, 1968, 82 Stat. 26; Pub. L. 90–418, July 23, 1968, 82 Stat. 413; Pub. L. 93–463, title I, § 101(a), title II, §§ 201, 202, Oct. 23, 1974, 88 Stat. 1389, 1395; Pub. L. 95–405, § 2, Sept. 30, 1978, 92 Stat. 865; Pub. L. 97–444, title I, § 101, title II, §§ 201, 202, Jan. 11, 1983, 96 Stat. 2294, 2297, 2298; Pub. L. 99–641, title I, § 110(1), Nov. 10, 1986, 100 Stat. 3561; Pub. L. 102–546, title II, §§ 209(b)(1), 215, 226, title IV, § 404(b), title V, § 501, Oct. 28, 1992, 106 Stat. 3606, 3611, 3618, 3628; Pub. L. 106–554, § 1(a)(5) [title I, §§ 102—105(b), 106, 107, 123(a)(2), title II, § 251(a), (b), (i), (j)], Dec. 21, 2000, 114 Stat. 2763, 2763A–376 to 2763A–379, 2763A–382, 2763A–405, 2763A–436, 2763A–441, 2763A–445; Pub. L. 107–171, title X, § 10702(a), May 13, 2002, 116 Stat. 516; Pub. L. 110–234, title XIII, §§ 13101(a), 13201(b), 13203(c)–(f), May 22, 2008, 122 Stat. 1427, 1436, 1439; Pub. L. 110–246, § 4(a), title XIII, §§ 13101(a), 13201(b), 13203(c)–(f), June 18, 2008, 122 Stat. 1664, 2189, 2198, 2201; Pub. L. 111–203, title VII, §§ 717(a), 721(e)(1), 722(a), (c)–(e), 723(a), (b), 727, 734(b)(1), 741(b)(8), (9), 742(a), (c), 751, July 21, 2010, 124 Stat. 1651, 1671–1673, 1675, 1681, 1696, 1718, 1731–1733, 1749; Pub. L. 114–113, div. O, title VII, § 705(a), Dec. 18, 2015, 129 Stat. 3025; Pub. L. 117–286, § 4(a)(19), Dec. 27, 2022, 136 Stat. 4307.)

## Notes

### Editorial Notes

### References in Text

The Wall Street Transparency and Accountability Act of 2010, referred to in subsecs. (a)(1)(A), (G)(i), (H) and (i), is title VII of Pub. L. 111–203, July 21, 2010, 124 Stat. 1641, which enacted chapter 109 (§ 8301 et seq.) of Title 15, Commerce and Trade, and enacted and amended numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of Title 15 and Tables.

Section 77b(1) of title 15, referred to in subsec. (a)(1)(C)(i)(I), was redesignated section 77b(a)(1) of title 15 by Pub. L. 104–290, title I, § 106(a)(1), Oct. 11, 1996, 110 Stat. 3424.

The Securities Exchange Act of 1934, referred to in subsec. (a)(1)(D)(i)(VI), (iii)(II), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is classified principally to chapter 2B (§ 78a et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 78a of Title 15 and Tables.

The date of the enactment of this clause and such date of enactment, referred to in subsec. (c)(2)(B)(ii), are the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.

Item (ee) of subsec. (c)(2)(B)(i)(II), referred to in subsec. (c)(2)(B)(iii), (iv)(I), (II)(aa), (C)(i)(I)(aa), (ii)(II)(aa), (iii)(I), (II)(aa), was redesignated item (dd) by Pub. L. 111–203, title VII, § 742(c)(1)(C), July 21, 2010, 124 Stat. 1733.

Item (gg) of subsec. (c)(2)(B)(i)(II), referred to in subsec. (c)(2)(B)(iii), (iv)(I), (III), (v), was redesignated item (ff) by Pub. L. 111–203, title VII, § 742(c)(1)(C), July 21, 2010, 124 Stat. 1733.

The Commodity Futures Modernization Act of 2000, referred to in subsec. (g)(1)(A), (2), is H.R. 5660, as enacted by Pub. L. 106–554, § 1(a)(5), Dec. 21, 2000, 114 Stat. 2763, 2763A–365. Title IV of the Act, known as the Legal Certainty for Bank Products Act of 2000, is classified to sections 27 to 27f of this title. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under section 1 of this title, and Tables.

For the effective date of this subsection and such effective date, referred to in subsec. (h)(5)(A), (B)(i), see Effective Date of 2010 Amendment note below.

### Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Subsec. (a)(1)(B) of this section was formerly classified to section 4 of this title. Subsec. (a)(1)(C) of this section was formerly classified to section 2a of this title. Subsec. (a)(2) to (11) of this section was formerly classified to section 4a of this title. Subsec. (b) of this section was formerly classified to section 3 of this title.

### Amendments

2022—Subsec. (a)(15)(E). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “FACA” in heading and “chapter 10 of title 5.” for “the Federal Advisory Committee Act (5 U.S.C. App.).” in text.

2015—Subsec. (h)(7)(D). Pub. L. 114–113 added cls. (i) to (iv) and (vi), redesignated former cl. (iii) as (v), and struck out former cls. (i) and (ii) which related to application of exception to affiliates and prohibition relating to certain affiliates, respectively.

2010—Subsec. (a)(1)(A). Pub. L. 111–203, § 734(b)(1)(A), which directed amendment of subpar. (A) by striking “or 7a”, could not be executed because of prior amendment by Pub. L. 111–203, § 722(a)(1). See below.

Pub. L. 111–203, § 722(a)(1), inserted “the Wall Street Transparency and Accountability Act of 2010 (including an amendment made by that Act) and” after “otherwise provided in” and substituted “(C), (D), and (I)” for “(C) and (D)”, “(c) and (f)” for “(c) through (i) of this section”, “swaps or contracts of sale” for “contracts of sale”, and “pursuant to section 7 of this title or a swap execution facility pursuant to section 7b–3 of this title” for “or derivatives transaction execution facility registered pursuant to section 7 or 7a of this title”.

Subsec. (a)(1)(C)(i). Pub. L. 111–203, § 717(a), designated existing provisions as subcl. (I), substituted “Except as provided in subclause (II), this” for “This”, and added subcl. (II).

Subsec. (a)(1)(G), (H). Pub. L. 111–203, § 722(a)(2), added subpars. (G) and (H).

Subsec. (a)(1)(I). Pub. L. 111–203, § 722(e), added subpar. (I).

Subsec. (a)(13), (14). Pub. L. 111–203, § 727, added pars. (13) and (14).

Subsec. (a)(15). Pub. L. 111–203, § 751, added par. (15).

Subsec. (c)(1). Pub. L. 111–203, § 742(a)(1), substituted “, 7a–1, or 16(e)(2)(B) of this title)” for “7a (to the extent provided in section 7a(g) of this title), 7a–1, 7a–3, or 16(e)(2)(B) of this title)”.

Subsec. (c)(2)(A)(ii), (iii). Pub. L. 111–203, § 722(c), added cl. (ii) and redesignated former cl. (ii) as (iii).

Subsec. (c)(2)(B). Pub. L. 111–203, § 741(b)(8)(A), struck out “(dd),” before “(ee),” wherever appearing.

Subsec. (c)(2)(B)(i)(II)(aa). Pub. L. 111–203, § 742(c)(1)(A), inserted “United States” before “financial institution”.

Subsec. (c)(2)(B)(i)(II)(cc). Pub. L. 111–203, § 721(e)(1)(A), substituted “section 1a” for “section 1a(20)” in two places.

Subsec. (c)(2)(B)(i)(II)(dd). Pub. L. 111–203, § 742(c)(1)(B)–(D), redesignated item (ee) as (dd), substituted “; or” for semicolon at end, and struck out former item (dd) which read as follows: “an insurance company described in section 1a(18)(A)(ii) of this title, or a regulated subsidiary or affiliate of such an insurance company;”.

Pub. L. 111–203, § 721(e)(1)(B), substituted “section 1a(18)(A)(ii)” for “section 1a(12)(A)(ii)”.

Subsec. (c)(2)(B)(i)(II)(ee) to (gg). Pub. L. 111–203, § 742(c)(1)(B), (C), redesignated items (ee) and (gg) as (dd) and (ff), respectively, and struck out former item (ff) which read as follows: “an investment bank holding company (as defined in section 17(i) of the Securities Exchange Act of 1934 (15 U.S.C. 78q(i))); or”.

Subsec. (c)(2)(B)(iii). Pub. L. 111–203, § 741(b)(8)(B), inserted “, and accounts or pooled investment vehicles described in clause (vi),” before “shall be subject to”.

Subsec. (c)(2)(B)(vi). Pub. L. 111–203, § 741(b)(8)(C), added cl. (vi).

Subsec. (c)(2)(C). Pub. L. 111–203, § 741(b)(9)(A), struck out “(dd),” before “(ee),” wherever appearing.

Subsec. (c)(2)(C)(ii)(I). Pub. L. 111–203, § 741(b)(9)(B), inserted “, and accounts or pooled investment vehicles described in clause (vii),” before “shall be subject to”.

Subsec. (c)(2)(C)(vii). Pub. L. 111–203, § 741(b)(9)(C), added cl. (vii).

Subsec. (c)(2)(D). Pub. L. 111–203, § 742(a)(2), added subpar. (D).

Subsec. (c)(2)(E). Pub. L. 111–203, § 742(c)(2), added subpar. (E).

Subsecs. (d), (e). Pub. L. 111–203, § 723(a)(1)(A), (2), added subsecs. (d) and (e) and struck out former subsecs. (d) and (e) which related to excluded derivative transactions and excluded electronic trading facilities, respectively.

Subsec. (g). Pub. L. 111–203, § 723(a)(1), redesignated subsec. (i) as (g) and struck out former subsec. (g) which related to excluded swap transactions.

Subsec. (g)(2). Pub. L. 111–203, § 734(b)(1)(B), substituted “section 7a–1 of this title” for “section 7a of this title (to the extent provided in section 7a(g) of this title), 7a–1 of this title, or 7a–3 of this title”.

Subsec. (h). Pub. L. 111–203, § 723(a)(1)(A), (3), added subsec. (h) and struck out former subsec. (h) which related to legal certainty for certain transactions in exempt commodities.

Subsec. (i). Pub. L. 111–203, § 723(a)(1)(B), which directed redesignation of subsec. (i) as (g), was executed by redesignating the subsec. (i) added by Pub. L. 106–554, § 1(a)(5) [title I, § 107], relating to application of commodity futures laws, as (g), to reflect the probable intent of Congress. Another subsec. (i), relating to applicability of certain swaps provisions, was added by Pub. L. 111–203, § 722(d). See below.

Pub. L. 111–203, § 722(d), added subsec. (i) relating to applicability of certain swaps provisions.

Subsec. (j). Pub. L. 111–203, § 723(b), added subsec. (j).

2008—Subsec. (a)(1)(A). Pub. L. 110–246, § 13203(c), inserted “(including significant price discovery contracts)” after “future delivery”.

Subsec. (c)(2)(B), (C). Pub. L. 110–246, § 13101(a), added subpars. (B) and (C) and struck out former subpars. (B) and (C) which related to: in subpar. (B), applicability of chapter to an agreement, contract, or transaction in foreign currency that was a contract of sale of a commodity for future delivery or an option on such a contract and was offered to, or entered into with, a person who was not an eligible contract participant, unless the counterparty, or the person offering to be the counterparty, of the person was a financial institution, a registered broker or dealer or a registered futures commission merchant, an associated person of a registered broker or dealer or an affiliated person of a registered futures commission merchant, an insurance company or a regulated subsidiary or affiliate of such an insurance company, a financial holding company, or an investment bank holding company; and, in subpar. (C), applicability of sections 6b, 6c(b), 9, 12(a), 13a–1, 13a–2, 13b, and 15 of this title to agreements, contracts, or transactions described in former subpar. (B).

Subsec. (h)(3). Pub. L. 110–246, § 13203(d), substituted “paragraphs (4) and (7)” for “paragraph (4)” in introductory provisions.

Subsec. (h)(4)(B). Pub. L. 110–246, § 13203(e)(1), inserted “and, for a significant price discovery contract, requiring large trader reporting,” after “proscribing fraud”.

Subsec. (h)(4)(D), (E). Pub. L. 110–246, § 13203(e)(2), (3), added subpars. (D) and (E) and struck out former subpar. (D) which read as follows: “such rules and regulations as the Commission may prescribe if necessary to ensure timely dissemination by the electronic trading facility of price, trading volume, and other trading data to the extent appropriate, if the Commission determines that the electronic trading facility performs a significant price discovery function for transactions in the cash market for the commodity underlying any agreement, contract, or transaction executed or traded on the electronic trading facility.”

Subsec. (h)(5)(B)(iii)(I). Pub. L. 110–246, § 13203(f), inserted “or to make the determination described in subparagraph (B) of paragraph (7)” after “paragraph (4)”.

Subsec. (h)(7). Pub. L. 110–246, § 13201(b), added par. (7).

2002—Subsec. (a)(7) to (12). Pub. L. 107–171 added par. (7) and redesignated former pars. (7) to (11) as (8) to (12), respectively.

2000—Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(A)], inserted section catchline.

Subsec. (a). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(A)], inserted headings for subsec. (a) and par. (1).

Subsec. (a)(1)(A). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(B)(i)(II)], substituted “contract market designated or derivatives transaction execution facility registered pursuant to section 7 or 7a of this title” for “contract market designated pursuant to section 7 of this title”.

Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(B)(i)(I)], which directed substitution of “subparagraphs (C) and (D) of this paragraph and subsections (c) through (i) of this section” for “subparagraph (B) of this subparagraph”, was executed by making the substitution for “subparagraph (B) of this paragraph” to reflect the probable intent of Congress.

Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(A)], inserted heading and struck out “(i)” before “The Commission shall have”.

Subsec. (a)(1)(A)(ii). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(B)(i)(III)], struck out cl. (ii) which read as follows: “Nothing in this chapter shall be deemed to govern or in any way be applicable to transactions in foreign currency, security warrants, security rights, resales of installment loan contracts, repurchase options, government securities, or mortgages and mortgage purchase commitments, unless such transactions involve the sale thereof for future delivery conducted on a board of trade.”

Subsec. (a)(1)(B). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(B)(i)(IV)], redesignated subsec. (a)(1)(A)(iii) as subsec. (a)(1)(B) and inserted heading. Former subsec. (a)(1)(B) redesignated (a)(1)(C).

Subsec. (a)(1)(C). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(B)(ii)(I)], redesignated subpar. (B) as (C).

Subsec. (a)(1)(C)(i). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(B)(ii)(III)], adjusted margins.

Subsec. (a)(1)(C)(ii). Pub. L. 106–554, § 1(a)(5) [title II, § 251(a)(1)(A)(iii)], substituted “or the derivatives transaction execution facility, and the applicable contract, meet” for “making such application demonstrates and the Commission expressly finds that the specific contract (or option on such contract) with respect to which the application has been made meets” in introductory provisions.

Pub. L. 106–554, § 1(a)(5) [title II, § 251(a)(1)(A)(ii)], which directed insertion of “, and no derivatives transaction execution facility shall trade or execute such contracts of sale (or options on such contracts) for future delivery,” after “contracts) for future delivery”, was executed by making the insertion in the proviso in introductory provisions to reflect the probable intent of Congress.

Pub. L. 106–554, § 1(a)(5) [title II, § 251(a)(1)(A)(i)], inserted “or register a derivatives transaction execution facility that trades or executes,” after “contract market in,” in introductory provisions.

Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(B)(ii)(III)], adjusted margins.

Subsec. (a)(1)(C)(ii)(III). Pub. L. 106–554, § 1(a)(5) [title II, § 251(a)(1)(A)(iv)], added subcl. (III) and struck out former subcl. (III) which read as follows: “Such group or index of securities shall be predominately composed of the securities of unaffiliated issuers and shall be a widely published measure of, and shall reflect, the market for all publicly traded equity or debt securities or a substantial segment thereof, or shall be comparable to such measure.”

Subsec. (a)(1)(C)(iii). Pub. L. 106–554, § 1(a)(5) [title II, § 251(a)(1)(B), (C)], added cl. (iii) and struck out former cl. (iii) which read as follows: “Upon application by a board of trade for designation as a contract market with respect to any contract of sale (or option on such contract) for future delivery involving a group or index of securities, the Commission shall provide an opportunity for public comment on whether such contracts (or options on such contracts) meet the minimum requirements set forth in clause (ii) of this subparagraph.”

Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(B)(ii)(III)], adjusted margins.

Subsec. (a)(1)(C)(iv). Pub. L. 106–554, § 1(a)(5) [title II, § 251(a)(1)(C), (D)], redesignated cl. (v) as (iv) and struck out former cl. (iv) which related to consultation by the Commission with, and the authority of, the Securities and Exchange Commission with respect to approval of any application by a Board of Trade for designation as a contract market with respect to any contract of sale (or option of such contract) for future delivery of a group or index of securities.

Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(B)(ii)(III)], adjusted margins.

Subsec. (a)(1)(C)(v). Pub. L. 106–554, § 1(a)(5) [title II, § 251(b)(2)], redesignated cl. (vi) as (v), added subcls. (I) to (V), and struck out former subcls. (I) to (IV) which required any contract market in a stock index futures contract (or option thereon) to file with the Board of Governors of the Federal Reserve System any rule establishing or changing the levels of margin for the stock index futures contract (or option thereon), authorized the Board to request any contract market to set the margins at certain levels, authorized the Board to delegate its authority under this clause to the Commission, and preserved the authority of the Commission to raise temporary emergency margin levels.

Pub. L. 106–554, § 1(a)(5) [title II, § 251(a)(1)(D)], redesignated cl. (v) as (iv).

Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(B)(ii)(II), (III)], struck out “section 77c of title 15” after “exempted security under”, inserted “or subparagraph (D)” after “subparagraph”, and adjusted margins.

Subsec. (a)(1)(C)(vi). Pub. L. 106–554, § 1(a)(5) [title II, § 251(b)(2)], redesignated cl. (vi) as (v).

Pub. L. 106–554, § 1(a)(5) [title II, § 251(b)(1)], redesignated subcl. (V) as (VI).

Subsec. (a)(1)(D). Pub. L. 106–554, § 1(a)(5) [title II, § 251(a)(2)], added subpar. (D).

Subsec. (a)(1)(E). Pub. L. 106–554, § 1(a)(5) [title II, § 251(i)], added subpar. (E).

Subsec. (a)(1)(F). Pub. L. 106–554, § 1(a)(5) [title II, § 251(j)], added subpar. (F).

Subsec. (a)(2) to (6). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(E)], adjusted margins.

Subsec. (a)(7). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(C), (E)], substituted “registered entity” for “contract market” and adjusted margins.

Subsec. (a)(8). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(E)], adjusted margins.

Subsec. (a)(8)(B)(ii). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(D)(iii)], in last sentence, substituted “designating, registering, or refusing, suspending, or revoking the designation or registration of, a board of trade as a contract market or derivatives transaction execution facility involving transactions for future delivery referred to in this clause or in considering any possible action under this chapter (including without limitation emergency action under section 12a(9) of this title)” for “designating, or refusing, suspending, or revoking the designation of, a board of trade as a contract market involving transactions for future delivery referred to in this clause or in considering possible emergency action under section 12a(9) of this title” and “designation, registration, suspension, revocation, or action” for “designation, suspension, revocation, or emergency action”.

Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(D)(ii)], substituted “designate or register a board of trade as a contract market or derivatives transaction execution facility” for “designate a board of trade as a contract market” in second sentence.

Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(D)(i)], substituted “designation or registration as a contract market or derivatives transaction execution facility” for “designation as a contract market” in first sentence.

Subsec. (a)(9). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(E)], adjusted margins.

Subsec. (c). Pub. L. 106–554, § 1(a)(5) [title I, § 102], added subsec. (c).

Subsec. (d). Pub. L. 106–554, § 1(a)(5) [title I, § 103], added subsec. (d).

Subsec. (e). Pub. L. 106–554, § 1(a)(5) [title I, § 104], added subsec. (e).

Subsec. (f). Pub. L. 106–554, § 1(a)(5) [title I, § 105(a)], added subsec. (f).

Subsec. (g). Pub. L. 106–554, § 1(a)(5) [title I, § 105(b)], added subsec. (g).

Subsec. (h). Pub. L. 106–554, § 1(a)(5) [title I, § 106], added subsec. (h).

Subsec. (i). Pub. L. 106–554, § 1(a)(5) [title I, § 107], added subsec. (i).

1992—Subsec. (a)(1)(A). Pub. L. 102–546, § 404(b)(2)–(7), redesignated cls. (i) and (ii) of former third sentence as subcls. (I) and (II), respectively, designated former fifth sentence as cl. (ii), designated former eighth sentence as cl. (iii), and struck out former sixth, seventh, and ninth through last sentences, which included definitions of “future delivery”, “board of trade”, “interstate commerce”, “cooperative association of producers”, “member of a contract market”, “futures commission merchant”, “introducing broker”, “floor broker”, “the Commission”, “commodity trading advisor”, and “commodity pool operator”. See section 1a of this title.

Pub. L. 102–546, § 404(b)(1), which directed the substitution of “(i) The Commission” for the words “For the purposes” and all that followed through “; Provided, That the Commission”, was executed by making the substitution for the first and second sentences and the third sentence through the words “: Provided, That the Commission”, to reflect the probable intent of Congress. Prior to amendment, the first, second, and third sentences included definitions of “contract of sale”, “person”, and “commodity”. See section 1a of this title.

Subsec. (a)(1)(B)(iv)(I). Pub. L. 102–546, § 209(b)(1)(A), made technical amendment to reference to section 9 of this title appearing in penultimate sentence to reflect change in reference to corresponding section of original act.

Subsec. (a)(1)(B)(iv)(II). Pub. L. 102–546, § 209(b)(1)(B), substituted “section 8(b)” for “section 8”.

Subsec. (a)(1)(B)(vi). Pub. L. 102–546, § 501, added cl. (vi).

Subsec. (a)(2)(A). Pub. L. 102–546, § 215, substituted second and third sentences for “The Commission shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. In nominating persons for appointment, the President shall seek to establish and maintain a balanced Commission, including, but not limited to, persons of demonstrated knowledge in futures trading or its regulation and persons of demonstrated knowledge in the production, merchandising, processing or distribution of one or more of the commodities or other goods and articles, services, rights and interests covered by this chapter.”

Subsec. (a)(9)(C). Pub. L. 102–546, § 226, added subpar. (C).

1986—Subsec. (a)(1)(B)(iv)(I). Pub. L. 99–641 substituted “Securities and Exchange Commission” for “Securities Exchange Commission” before “otherwise agree”.

1983—Subsec. (a)(1). Pub. L. 97–444, § 101, designated existing provisions as subpar. (A), inserted in third sentence, first proviso, “, except to the extent otherwise provided in subparagraph (B) of this paragraph,” after “exclusive jurisdiction”, and added subpar. (B).

Subsec. (a)(1)(A). Pub. L. 97–444, § 201, inserted definition of “introducing broker” and, in revising definition of “commodity training advisor”, included any person advising others through electronic media; substituted provision respecting advising others “as to the value of or the advisability of trading in any contract of sale of a commodity for future delivery made or to be made on or subject to the rules of a contract market, any commodity option authorized under section 6c of this title, or any leverage transaction authorized under section 23 of this title, or who, for compensation or profit, and as part of a regular business, issues or promulgates analyses or reports concerning any of the foregoing” for provision respecting advising others “as to the value of commodities or as to the advisability of trading in any commodity for future delivery on or subject to the rules of any market, or who for compensation or profit, and as part of a regular business, issues or promulgates analyses or reports concerning commodities”; excluded in item (i) any person acting as an employee of any bank or trust company; substituted in cl. (ii) “news reporter, news columnist, or news editor of the print or electronic media” for “newspaper reporter, newspaper columnist, newspaper editor”; substituted in cl. (iv) “the publisher or producer of any print or electronic data of general and regular dissemination, including its employees” for “the publisher of any bona fide newspaper magazine, or business or financial publication of general and regular circulation including their employees”; inserted item (v); redesignated as items (vi) and (vii) former items (v) and (vi); and authorized Commission to effectuate purposes of definition by rule or regulation by including within definition any person advising as to the value of commodities or issuing reports or analyses concerning commodities.

Subsec. (a)(7). Pub. L. 97–444, § 202, struck out “(A)” after “(7)” and struck out subpar. (B) which prohibited any representative activities before the Commission for a one year period upon termination of employment occurring on a day more than four months after Sept. 30, 1978, of any Commissioner or employee of the Commission having a GS–16 or higher classified position excepted from the competitive service because of its confidential or policymaking character.

1978—Subsec. (a)(1). Pub. L. 95–405, § 2(1), substituted “section 23 of this title” for “section 15a of this title”.

Subsec. (a)(2). Pub. L. 95–405, § 2(2)–(5), designated existing provisions as subpar. (A) and substituted “five Commissioners” for “a chairman and four other Commissioners”, “(i)” for “(A)”, and “(ii)” for “(B)”, and added subpar. (B).

Subsec. (a)(5). Pub. L. 95–405, § 2(6), struck out “, by and with the advice and consent of the Senate,” after “by the Commission”.

Subsec. (a)(6)(A). Pub. L. 95–405, § 2(7), inserted “according to budget categories, plans, programs, and priorities established and approved by the Commission,” after “expenditure of funds,”.

Subsec. (a)(6)(B). Pub. L. 95–405, § 2(8), substituted “, plans, priorities, and budgets approved by the Commission” for “of the Commission”.

Subsec. (a)(7). Pub. L. 95–405, § 2(9), (10), designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (a)(8). Pub. L. 95–405, § 2(11)–(13), designated existing provisions as subpar. (A), substituted “maintain” for “establish a separate office within the Department of Agriculture to be staffed with employees of the Commission for the purpose of maintaining”, and added subpar. (B).

Subsec. (a)(9)(A), (B). Pub. L. 95–405, § 2(14), (15), substituted “Senate Committee on Agriculture, Nutrition, and Forestry” for “Senate Committee on Agriculture and Forestry”.

1974—Subsec. (a). Pub. L. 93–463, § 101(a), designated existing provisions as par. (1), substituted “Commodity Futures Trading Commission established under paragraph (2) of this subsection” for “Commodity Exchange Commission, consisting of the Secretary of Agriculture, the Secretary of Commerce, and the Attorney General, or an official or employee of each of the executive departments concerned, designated by the Secretary of Agriculture, the Secretary of Commerce, and the Attorney General, respectively; and the Secretary of Agriculture or his designee shall serve as Chairman”, and added pars. (2) to (11).

Subsec. (a)(1). Pub. L. 93–463, §§ 201, 202, struck out “onions,” after “eggs,” in definition of “commodity” and inserted provisions to that definition to include as commodities all other goods and articles, except onions as provided in section 13–1 of this title, and all services, rights, and interests in which contracts for the future delivery are presently or in the future dealt in, and inserted definitions for “commodity trading advisor” and “commodity pool operator”.

1968—Subsec. (a). Pub. L. 90–418 extended definition of “commodity” in third sentence to include frozen concentrated orange juice.

Pub. L. 90–258, § 1(c), provided in last sentence for representation on the Commission of Secretary of Agriculture, Secretary of Commerce, and Attorney General by an official or employee designated from executive department concerned and for service of Secretary of Agriculture or his designee as Chairman.

Pub. L. 90–258, § 1(b), substituted in definition of “floor broker” in penultimate sentence “purchase or sell for any other person” for “engage in executing for others any order for the purchase or sale of” and struck out provision for receipt or acceptance of any commission or other compensation for services as a floor broker.

Pub. L. 90–258, § 1(a), extended definition of “commodity” in third sentence to include livestock and livestock products.

1955—Subsec. (a). Act July 26, 1955, extended “commodity” to onions.

1954—Subsec. (a). Act Aug. 28, 1954, extended “commodity” to wool.

1940—Subsec. (a). Act Oct. 9, 1940, extended “commodity” to fats and oils (including lard, tallow, cottonseed oil, peanut oil, soybean oil, and all other fats and oils), cottonseed meal, cottonseed, peanuts, soybeans and soybean meal.

1938—Subsec. (a). Act Apr. 7, 1938, extended “commodity” to wool tops.

1936—Subsec. (a). Act June 15, 1936, substituted “commodity”, “any commodity”, or “commodities”, as the case may require, for “grain” wherever appearing, and “any cash commodity” for “cash grain”, substituted sentence defining “commodity” for sentence defining “grain”, and inserted definitions of “cooperative association of producers,”, “member of a contract market”, “futures commission merchant”, “floor broker”, and “the commission.”

Subsec. (b). Act June 15, 1936, § 2, substituted “commodity” and “commodities”, as the case may require, for “grain” wherever appearing.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2010 Amendment

Amendment by Pub. L. 111–203 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 a note under section 1a of this title.

### Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Pub. L. 110–234, title XIII, § 13101(b), May 22, 2008, 122 Stat. 1432, and Pub. L. 110–246, § 4(a), title XIII, § 13101(b), June 18, 2008, 122 Stat. 1664, 2194, provided that: “The following provisions of the Commodity Exchange Act [7 U.S.C. 1 et seq.], as amended by subsection (a) of this section [amending this section], shall be effective 120 days after the date of the enactment of this Act [June 18, 2008] or at such other time as the Commodity Futures Trading Commission shall determine: Subparagraphs (B)(i)(II)(gg), (B)(iv), and (C)(iii) of section 2(c)(2) [7 U.S.C. 2(c)(2)]. The provisions of section 2(c)(2)(B)(i)(II)(cc) [7 U.S.C. 2(c)(2)(B)(i)(II)(cc)] that set forth adjusted net capital requirements, and the provisions of such section that require a futures commission merchant to be primarily or substantially engaged in certain business activities.”

[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.]

Pub. L. 110–234, title XIII, § 13204, May 22, 2008, 122 Stat. 1441, and Pub. L. 110–246, § 4(a), title XIII, § 13204, June 18, 2008, 122 Stat. 1664, 2203, provided that: In General.—Except as provided in this section, this subtitle [subtitle B (§§ 13201–13204) of title XIII of Pub. L. 110–246, amending this section and sections 1a, 6a, 6g, 6i, 7a, 7a–2, 7b, 8, and 25 of this title] shall become effective on the date of enactment of this Act [June 18, 2008].Significant Price Discovery Standards Rulemaking.— The Commodity Futures Trading Commission shall— not later than 180 days after the date of the enactment of this Act [June 18, 2008], issue a proposed rule regarding the implementation of section 2(h)(7) of the Commodity Exchange Act [7 U.S.C. 2(h)(7)]; and not later than 270 days after the date of enactment of this Act [June 18, 2008], issue a final rule regarding the implementation. In its rulemaking pursuant to paragraph (1) of this subsection, the Commission shall include the standards, terms, and conditions under which an electronic trading facility will have the responsibility to notify the Commission that an agreement, contract, or transaction conducted in reliance on the exemption provided in section 2(h)(3) of the Commodity Exchange Act [7 U.S.C. 2(h)(3)] may perform a price discovery function. Significant Price Discovery Determinations.—With respect to any electronic trading facility operating on the effective date of the final rule issued pursuant to subsection (b)(1), the Commission shall complete a review of the agreements, contracts, and transactions of the facility not later than 180 days after that effective date to determine whether any such agreement, contract, or transaction performs a significant price discovery function.”

[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.]

### Effective Date of 1983 Amendment

Pub. L. 97–444, title II, § 239, Jan. 11, 1983, 96 Stat. 2327, provided that: “This Act [see Short Title of 1983 Amendment note set out under section 1 of this title] shall be effective upon the date of enactment of this Act [Jan. 11, 1983], except that sections 207, 212, and 231 of this Act [amending sections 6d, 6k, and 18 of this title] shall be effective one hundred and twenty days after the date of enactment of this Act, or such earlier date as the Commodity Futures Trading Commission shall prescribe by regulation.”

### Effective Date of 1978 Amendment

Pub. L. 95–405, § 28, Sept. 30, 1978, 92 Stat. 878, provided that: “Except as otherwise provided in this Act, the provisions of this Act [see Short Title of 1978 Amendment note set out under section 1 of this title] shall become effective October 1, 1978.”

### Effective Date of 1974 Amendment

Pub. L. 93–463, title IV, § 418, Oct. 23, 1974, 88 Stat. 1415, provided that: Except as otherwise provided specifically in this Act [see Short Title of 1974 Amendment note set out under section 1 of this title], the effective date of this Act shall be the 180th day after enactment [Oct. 23, 1974]. The Commission referred to in section 101 [Commodity Futures Trading Commission] is hereby established effective immediately on enactment of this Act. Sections 102 and 410 [amending sections 5108, 5314, 5315, and 5316 of Title 5, Government Organization and Employees] shall be effective immediately on enactment of this Act. Activities necessary to implement the changes effected by this Act may be carried out after the date of enactment and before as well as after the 180th day thereafter. Activities to be carried out after the date of enactment and before the 180th day thereafter may include, but are not limited to the following: Designation of boards of trade as contract markets, registration of futures commission merchants, floor brokers, and other persons required to be registered under the Act [this chapter], approval or modification of bylaws, rules, regulations, and resolutions of contract markets, and issuance of regulations, effective on or after the 180th day after enactment; appointment and compensation of the members of the Commission; hiring and compensation of staff; and conducting of investigations and hearings. Nothing in this Act shall limit the authority of the Secretary of Agriculture or the Commodity Exchange Commission under the Commodity Exchange Act [7 U.S.C. 1 et seq.], as amended, prior to the 180th day after enactment of this Act. Funds appropriated for the administration of the Commodity Exchange Act, as amended [7 U.S.C. 1 et seq.], may be used to implement this Act immediately after the date of enactment of this Act [Oct. 23, 1974].”

### Effective Date of 1968 Amendment

Pub. L. 90–258, § 28, Feb. 19, 1968, 82 Stat. 34, provided that: “This Act [enacting sections 12b, 13b, 13c, and 17b of this title and amending this section and sections 6a, 6b, 6d, 6f, 6g, 6i, 7, 7a, 7b, 8, 9, 12, 12–1, 12a, 13, and 13a of this title] shall become effective one hundred and twenty days after enactment [Feb. 19, 1968].”

### Effective Date of 1955 Amendment

Act July 26, 1955, ch. 382, § 2, 69 Stat. 375, provided that: “This Act [amending this section] shall take effect sixty days after the date of its enactment [July 26, 1955].”

### Effective Date of 1954 Amendment

Act Aug. 28, 1954, ch. 1041, title VII, § 710(b), 68 Stat. 913, which provided that the amendment of this section by act Aug. 28, 1954, was effective 60 days after Aug. 28, 1954, was repealed by Pub. L. 103–130, § 3(a), Nov. 1, 1993, 107 Stat. 1369, eff. Dec. 31, 1995.

### Effective Date of 1940 Amendment

Act Oct. 9, 1940, ch. 786, § 2, 54 Stat. 1059, provided that: “This Act [amending this section] shall take effect sixty days after the date of its enactment [Oct. 9, 1940].”

### Effective Date of 1936 Amendment

Amendment by act June 15, 1936, effective 90 days after June 15, 1936, see section 13 of that act, set out as a note under section 1 of this title.

### Separability of 1974 Amendment

Pub. L. 93–463, title IV, § 413, Oct. 23, 1974, 88 Stat. 1414, provided that: “If any provision of this Act [see Short Title of 1974 Amendment note set out under section 1 of this title] or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and the application of such provisions to other persons or circumstances shall not be affected thereby.”

### Grandfather Provisions

Pub. L. 111–203, title VII, § 723(c), July 21, 2010, 124 Stat. 1682, provided that: Legal certainty for certain transactions in exempt commodities.—Not later than 60 days after the date of enactment of this Act [July 21, 2010], a person may submit to the Commodity Futures Trading Commission a petition to remain subject to section 2(h) of the Commodity Exchange Act (7 U.S.C. 2(h)) (as in effect on the day before the date of enactment of this Act). Consideration; authority of commodity futures trading commission.—The Commodity Futures Trading Commission— shall consider any petition submitted under subparagraph (A) in a prompt manner; and may allow a person to continue operating subject to section 2(h) of the Commodity Exchange Act (7 U.S.C. 2(h)) (as in effect on the day before the date of enactment of this Act) for not longer than a 1-year period.Agricultural swaps.— In general.—Except as provided in subparagraph (B), no person shall offer to enter into, enter into, or confirm the execution of, any swap in an agricultural commodity (as defined by the Commodity Futures Trading Commission). Exception.—Notwithstanding subparagraph (A), a person may offer to enter into, enter into, or confirm the execution of, any swap in an agricultural commodity pursuant to section 4(c) of the Commodity Exchange Act (7 U.S.C. 6(c)) or any rule, regulation, or order issued thereunder (including any rule, regulation, or order in effect as of the date of enactment of this Act) by the Commodity Futures Trading Commission to allow swaps under such terms and conditions as the Commission shall prescribe. Required reporting.—If the exception described in section 2(h)(8)(B) of the Commodity Exchange Act [7 U.S.C. 2(h)(8)(B)] applies, the counterparties shall comply with any recordkeeping and transaction reporting requirements that may be prescribed by the Commission with respect to swaps subject to section 2(h)(8)(B) of the Commodity Exchange Act.”

[For definition of “swap” as used in section 723(c) of Pub. L. 111–203, set out above, see section 5301 of Title 12, Banks and Banking.]

### Portfolio Margining and Security Index Issues

Pub. L. 110–234, title XIII, § 13106, May 22, 2008, 122 Stat. 1435, and Pub. L. 110–246, § 4(a), title XIII, § 13106, June 18, 2008, 122 Stat. 1664, 2197, provided that: The Secretary of the Treasury, the Chairman of the Board of Governors of the Federal Reserve System, the Chairman of the Securities and Exchange Commission, and the Chairman of the Commodity Futures Trading Commission shall work to ensure that the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), or both, as appropriate, have taken the actions required under subsection (b). The SEC, the CFTC, or both, as appropriate, shall take action under their existing authorities to permit— by September 30, 2009, risk-based portfolio margining for security options and security futures products (as defined in section 1a(32) [now 1a(45)] of the Commodity Exchange Act [7 U.S.C. 1a(32), now 1a(45)]); and by June 30, 2009, the trading of futures on certain security indexes by resolving issues related to foreign security indexes.”

[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.]

### Study Regarding Retail Swaps

Pub. L. 106–554, § 1(a)(5) [title I, § 105(c)], Dec. 21, 2000, 114 Stat. 2763, 2763A–379, required the Board of Governors of the Federal Reserve System, the Secretary of the Treasury, the Commodity Futures Trading Commission, and the Securities and Exchange Commission to conduct a study of issues involving the offering of swap agreements to persons other than eligible contract participants and, before the end of the 1-year period beginning on Dec. 21, 2000, submit a report on findings and conclusions of the study and recommendations for any necessary legislative action to Congress.

### Educational Events and Symposia

Pub. L. 106–78, title VI, Oct. 22, 1999, 113 Stat. 1160, provided in part: “That for fiscal year 2000 and thereafter, the Commission [Commodity Futures Trading Commission] is authorized to charge reasonable fees to attendees of Commission sponsored educational events and symposia to cover the Commission’s costs of providing those events and symposia, and notwithstanding 31 U.S.C. 3302, said fees shall be credited to this account, to be available without further appropriation.”

Similar provisions were contained in the following prior appropriations acts:

Pub. L. 105–277, div. A, § 101(a) [title VI], Oct. 21, 1998, 112 Stat. 2681, 2681–24.

Pub. L. 105–86, title VI, Nov. 18, 1997, 111 Stat. 2104.

Pub. L. 104–180, title VI, Aug. 6, 1996, 110 Stat. 1596.

Pub. L. 104–37, title VI, Oct. 21, 1995, 109 Stat. 327.

Pub. L. 103–330, title VI, Sept. 30, 1994, 108 Stat. 2466.

### Non-Abatement of Pending Proceedings

Pub. L. 93–463, title IV, § 412, Oct. 23, 1974, 88 Stat. 1414, provided that: “Pending proceedings under existing law shall not be abated by reason of any provision of this Act [see Short Title of 1974 Amendment note set out under section 1 of this title] but shall be disposed of pursuant to the applicable provisions of the Commodity Exchange Act, as amended [7 U.S.C. 1 et seq.], in effect prior to the effective date of this Act [see Effective Date of 1974 Amendment note above].”