,i #aafth ,,congress #ast ,session ,h4 ,r4 #dhie ,,in ,,the ,,house ,,of ,,representatives ,october #bi1 #bjai,mr4 ,peterson 7for himself1 ,mr4 ,conaway1 ,mr4 ,david ,scott of ,georgia1 and ,mr4 ,austin ,scott of ,georgia7 introduced the following bill2 which was referred to the ,committee on ,agriculture ,a ,,bill ,to reauthorize the ,commodity ,futures ,trading ,commission4 #a4 ,short title ,this ,act may be cited as the ,,cftc ,reauthorization ,act of #bjai4 #b4 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,title ,i--,policy amendments ,sec4 #aja4 ,foreign futures authority4 ,sec4 #ajb4 ,honors program4 ,sec4 #ajc4 ,advisory committee changes4 ,sec4 #ajd4 ,enhancement of ,office of ,minority and ,women ,inclusion at the ,commission2 internship program4 ,sec4 #aje4 ,detailing and resource-sharing4 ,sec4 #ajf4 ,office of the ,chief ,economist4 ,sec4 #ajg4 ,equal consideration for holding companies4 ,sec4 #ajh4 ,exemption of qualified charitable organizations from regulation as commodity pool operators4 ,sec4 #aji4 ,digital commodity4 ,sec4 #aaj4 ,system safeguards4 ,sec4 #aaa4 ,administration of swap execution facilities4 ,sec4 #aab4 ,applicability of prohibitions on fraud1 manipulation1 and disruptive trading to activities outside the ,united ,states4 ,sec4 #aac4 ,privilege retention4 ,sec4 #aad4 ,proprietary information4 ,sec4 #aae4 ,authority to provide food and incidental assistance to foreign officials hosted by the ,commission4 ,sec4 #aaf4 ,extension of operations4 ,sec4 #aag4 ,aiding and abetting4 ,sec4 #aah4 ,modernization of authority of the ,commission to conduct research1 development1 demonstration1 and information programs4 ,sec4 #aai4 ,protecting customer property during commodity broker bankruptcy4 ,sec4 #abj4 ,elimination of the double-sided confirmation requirement for swap data repositories4 ,sec4 #aba4 ,whistleblower protections for internal disclosures4 ,sec4 #abb4 ,updating standards for natural persons to meet requirements for qualified eligible persons4 ,sec4 #abc4 ,government ,accountability ,office study on aluminum markets4 ,title ,,ii--,,technical ,,corrections ,sec4 #bja4 ,correction of references4 ,sec4 #bjb4 ,elimination of obsolete references to dealer options4 ,sec4 #bjc4 ,updated trade data publication requirement4 ,sec4 #bjd4 ,flexibility for all registered entities4 ,sec4 #bje4 ,elimination of obsolete references to electronic trading facilities4 ,sec4 #bjf4 ,elimination of obsolete reference to alternative swap execution facilities4 ,sec4 #bjg4 ,elimination of redundant references to types of registered entities4 ,sec4 #bjh4 ,clarification of ,commission authority over swaps trading4 ,sec4 #bji4 ,elimination of obsolete reference to the ,commodity ,exchange ,commission4 ,sec4 #baj4 ,elimination of obsolete references to derivative transaction execution facilities4 ,sec4 #baa4 ,elimination of obsolete references to exempt boards of trade4 ,sec4 #bab4 ,elimination of completed reports4 ,sec4 #bac4 ,miscellaneous corrections4 ,sec4 #bad4 ,technical amendments to section #ad7;e74 ,sec4 #bae4 ,technical clarifications for retail foreign currency4 ,sec4 #baf4 ,miscellaneous swap technical corrections4 ,i ,policy amendments #aja4 ,foreign futures authority 7a7 ,in general ,section #a;a7#bf7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #a;a7#bf77 is amended to read as follows3 7#bf7 ,foreign futures authority ,the term foreign futures authority means any foreign government1 or any law enforcement authority1 department1 central bank1 ministry1 agency1 governmental body1 or regulatory organization empowered by a foreign government to administer1 enforce1 or prosecute a law1 rule1 or regulation relating to matters involving futures1 options1 swaps1 or commodities1 or any such authority1 department1 or agency of a political subdivision of a foreign government empowered to administer1 enforce1 or prosecute a law1 rule1 or regulation as it relates to such matters4 4 7b7 ,conforming amendment ,section #ab7;f7 of such ,act 7#g ,u4,s4,c4 #af7;f77#a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking futures or options and inserting futures1 options1 swaps1 or commodities2 and 7,b7 by striking administers or enforces and inserting administers1 enforces1 or prosecutes2 and 7#b7 in paragraph 7#b77;,a71 by striking in futures and options and inserting in futures1 options1 swaps1 or commodities4 #ajb4 ,honors program 7a7 ,in general ,section #b7;a77#g7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #b7;a77#g77 is amended by adding at the end the following3 7,d7 ,honors program ,the ,commission may establish the ,honors ,program under its appointment and compensation authorities4 4 7b7 ,conforming amendment ,section #ab7;b77#a7 of such ,act 7#g ,u4,s4,c4 #af7;b77#a77 is amended by adding at the end the following3 ,to clarify the ,commission's authority to establish the ,honors ,program under section #b7;a77#g77;,e71 the ,commission may coordinate with the ,office of ,personnel ,management1 as needed44 #ajc4 ,advisory committee changes 7a7 ,in general ,section #b7;a77#ae7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #b7;a77#ae77 is amended to read as follows3 7#ae7 ,advisory committees 7,a7 ,establishment 7i7 ,in general ,the ,commission shall establish advisory committees to serve as vehicles for discussion and communication on matters related to the regulatory activities of the ,commission4 7ii7 ,membership ,the ,commission shall appoint to an advisory committee such members as the ,commission finds appropriate to promote robust discussion of the subject mater before the advisory committee4 ,in appointing members to an advisory committee1 the ,commission shall seek to include a wide diversity of opinion and represent a broad cross-section of interests1 as applicable to the subject matter4 7,b7 ,activities ,the activities of an advisory committee shall include the following3 7i7 ,to hold meetings at such intervals as necessary to carry out the functions of the advisory committee4 7ii7 ,to submit to the ,commission such reports and recommendations to the ,commission 7including minority views1 if any7 as the advisory committee deems appropriate4 7iii7 ,such activities as the ,commission determines is appropriate4 7,c7 ,applicability of the ,federal ,advisory ,committee ,act ,an advisory committee established under this paragraph shall be subject to the ,federal ,advisory ,committee ,act4 4 7b7 ,existing advisory committees ,notwithstanding section #b7;a77#ae7 of the ,commodity ,exchange ,act1 the ,commodity ,futures ,trading ,commission may permit an advisory committee that1 as of the date of the enactment of this ,act1 had a charter established by the ,commission1 or that was established under such section as in effect before such date of enactment1 to continue to operate in accordance with the charter or in accordance with such predecessor section until the sponsor of the advisory committee is changed4 ,after which such advisory committee will become subject to section #b7;a77#ae7 of the ,commodity ,exchange ,act4 #ajd4 ,enhancement of ,office of ,minority and ,women ,inclusion at the ,commission2 internship program 7a7 ,in general ,section #b7;a7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #b7;a77 is amended by adding at the end the following3 7#af7 ,office of ,minority and ,women ,inclusion ,within #a year after the date of the enactment of this paragraph1 the ,commission shall comply with section #cdb of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act4 7#ag7 ,annual internship program 7,a7 ,in general ,the ,executive ,director shall establish a program to place an appropriate number of students attending qualified institutions in a semester-length internship within the ,commission's divisions and offices4 7,b7 ,funding ,the ,commission shall set aside an appropriate percentage of the funds allocated to the office of the ,chairman to enable the selected interns identified in subparagraph 7,a7 to afford living expenses1 including rent and a per-diem1 in the metropolitan areas where the ,director identifies internship opportunities4 7,c7 ,qualified institution defined ,in this paragraph1 the term qualified institution means-- 7i7 an #ahij ,institution 7as defined in section #b of the ,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfja772 7ii7 a #aiid ,institution 7as defined in section #ecb of the ,equity in ,educational ,land-,grant ,status ,act of #aiid 7,public ,law #ajc-chb2 #g ,u4,s4,c4 #cja note772 7iii7 an eligible institution 7as defined in section #adhi of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #ccfa772 or 7iv7 a ,hispanic-serving institution 7as defined in section #adjd of the ,food and ,agriculture ,act of #aigg 7#g ,u4,s4,c4 #cajc774 4 7b7 ,joint standards ,in carrying out section #b7;a77#af7 of the ,commodity ,exchange ,act1 the ,commodity ,futures ,trading ,commission shall adopt the joint standards established in the ,interagency ,policy ,statement published in the ,federal ,register on ,june #aj1 #bjae 7#hj ,fed4 ,reg4 #ccjaf71 or any successor ,policy ,statement4 #aje4 ,detailing and resource-sharing ,section #b7;a7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #b7;a771 as amended by section #ajd of this ,act1 is amended by adding at the end the following3 7#ah7 ,assistance from federal agencies 7,a7 ,in general ,the ,commission may accept any assistance1 including services1 funds1 facilities1 and other support services as determined by the ,commission1 to effectuate the purposes and provisions of this ,act1 from any department or agency of the ,united ,states that is authorized under other law to provide the assistance4 7,b7 ,detail flexibility ,when an employee from another department or agency is detailed to the ,commission1 the employee may be detailed on either a reimbursable or non-reimbursable basis1 and such detail shall be without interruption or loss of civil service status or privilege4 7#ai7 ,assistance from foreign governmental entities 7,a7 ,in general ,the ,commission may-- 7i7 accept details of officers or employees of a foreign futures authority or any department or agency of a foreign government1 including a central bank or ministry1 on a temporary basis as employees of the ,commission pursuant to section #ab7;b7 of this ,act1 or section #caja or #caji of title #e1 ,united ,states ,code2 and 7ii7 detail officers or employees of the ,commission to work on a temporary basis for an entity described in clause 7i74 7,b7 ,reciprocity and reimbursement 7i7 ,reciprocity not required ,assistance described in subparagraph 7,a7 need not be provided on a reciprocal basis4 7ii7 ,reimbursement 7,i7 ,in general ,the ,commission may provide and accept assistance described in subparagraph 7,a7 on a reimbursable or non-reimbursable basis1 only in accordance with a written agreement between the ,commission and the respective foreign governmental entity4 7,,ii7 ,form ,a reimbursement to or from the ,commission may be made in cash or in kind4 ,the ,commission shall credit a reimbursement received from a foreign governmental entity to the appropriate ,commission appropriation1 fund1 or account4 7,c7 ,standards of conduct ,an officer or employee detailed under subparagraph 7,a77i7 shall be subject to the provisions of law relating to ethics1 conflicts of interest1 or corruption1 and to any other statute governing the standards of conduct for ,commission employees that are applicable to the type of appointment4 7,d7 ,limitation ,an officer or employee detailed under subparagraph 7,a77i7 may not hold any management position at the ,commission4 4 #ajf4 ,office of the ,chief ,economist 7a7 ,in general ,section #b7;a7 of the ,commodity ,exchange ,act1 as amended by sections #ajd and #aje of this ,act1 is amended by adding at the end the following3 7#bj7 ,office of the chief economist 7,a7 ,establishment ,there is established in the ,commission the ,office of ,chief ,economist4 7,b7 ,head ,the ,office of ,chief ,economist shall be headed by the ,chief ,economist4 7,c7 ,functions ,the ,chief ,economist shall serve as economic advisor to the ,commission and perform functions such as economic analysis1 regulatory cost-benefit analysis1 and research4 7,d7 ,professional staff 7i7 ,in general ,the ,commission shall appoint such other economists and any related positions as may be necessary for the ,office of the ,chief ,economist-- 7,i7 in accordance with the statutes1 rules1 and regulations governing appointments in the excepted service2 and 7,,ii7 notwithstanding any statutes1 rules1 and regulations governing appointments in the competitive service4 7ii7 ,rule of construction ,the appointment of a candidate to a position under authority of this subsection shall not be considered to cause such position to be converted from the competitive service to the excepted service4 4 7b7 ,conforming amendment ,section #ae7;a7 of such ,act 7#g ,u4,s4,c4 #ai7;a77 is amended-- 7#a7 in paragraph 7#a71 by inserting 1 after coordinating with the ,office of the ,chief ,economist1 before shall2 7#b7 in paragraph 7#b77;,b71 by striking futures markets and inserting markets under the jurisdiction of the ,commission2 7#c7 in subparagraph 7,d7 by striking and2 7#d7 by redesignating subparagraphs 7,d7 and 7,e7 as 7,e7 and 7,f72 7#e7 by inserting1 after subparagraph 7,c7-- 7,d7 considerations of market liquidity2 2 and 7#f7 in subparagraph 7,e71 as so redesignated1 by inserting 2 and at the end4 #ajg4 ,equal consideration for holding companies ,section #b7;h77#g77;,c77ii7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #b7;h77#g77;,c77ii77 is amended-- 7#a7 in the matter before subclause 7,i71 by striking unions1 including-- and inserting unions1 bank holding companies1 and savings and loan holding companies1 including--2 7#b7 in subclause 7,,ii71 by striking or at the end2 7#c7 in subclause 7,,iii71 by striking the period at the end and inserting a semicolon2 and 7#d7 by adding at the end the following3 7,,iv7 bank holding companies 7as defined in section #b of the ,bank ,holding ,company ,act of #aief7 that have aggregated assets1 including the assets of their subsidiaries1 of #aj1jjj1jjj1jjj or less2 and 7,v7 savings and loan holding companies 7as defined in section #aj of the ,home ,owners' ,loan ,act of #aicc7 that have aggregated assets1 including the assets of their subsidiaries1 of #aj1jjj1jjj1jjj or less4 4 #ajh4 ,exemption of qualified charitable organizations from regulation as commodity pool operators ,section #dm of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #fm7 is amended to read as follows3 #dm4 ,use of mails or other means or instrumentalities of interstate commerce by commodity trading advisors and commodity pool operators 7a7 ,prohibition ,it shall be unlawful for any commodity trading advisor or commodity pool operator1 unless registered under this ,act1 to make use of the mails or any means or instrumentality of interstate commerce in connection with his business as the commodity trading advisor or commodity pool operator4 7b7 ,exceptions 7#a7 ,in general ,subsection 7a7 shall not apply to a commodity trading advisor whose commodity trading advice is solely incidental to the conduct of that person's business1 and who is a-- 7,a7 dealer1 processor1 broker1 or seller in cash market transactions of any commodity specifically set forth in section #b7;a7 of this ,act before the enactment of the ,commodity ,futures ,trading ,commission ,act of #aigd 7or products thereof72 or 7,b7 nonprofit1 voluntary membership1 general farm organization1 that provides advice on the sale or purchase of any commodity specifically set forth in section #b7;a7 of this ,act before the enactment of the ,commodity ,futures ,trading ,commission ,act of #aigd4 7#b7 ,charitable organization ,subsection 7a7 shall not apply to any commodity trading advisor or commodity pool operator that is-- 7,a7 a charitable organization1 as defined in section #c7;c77#aj77;,d7 of the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a-#c7;c77#aj77;,d771 or a trustee1 director1 officer1 employee1 or volunteer of such a charitable organization acting within the scope of the employment or duties of the person with the organization1 whose advisory or pool activities are conducted only on behalf of1 or with respect to1 one or more of-- 7i7 any such charitable organization2 or 7ii7 an investment trust1 syndicate1 or similar form of enterprise excluded from the definition of investment company pursuant to section #c7;c77#aj7 of the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a-#c7;c77#aj771 or the trustees1 administrators1 settlors 7or potential settlors71 or beneficiaries of the foregoing2 or 7,b7 any plan1 company1 or account described in section #c7;c77#ad7 of the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a-#c7;c77#ad771 any person or entity who establishes or maintains such a plan1 company1 or account1 or any trustee1 director1 officer1 employee1 or volunteer for any of the foregoing plans1 persons1 or entities acting within the scope of the employment or duties of the person with the organization1 whose advisory or pool activities are conducted only on behalf of1 or with respect to1 any investment trust1 syndicate1 or similar form of enterprise excluded from the definition of investment company pursuant to section #c7;c77#ad7 of the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a-#c7;c77#ad774 7#c7 ,small commodity trading advisors ,subsection 7a7 shall not apply to any commodity trading advisor who1 during the course of the preceding #ab months1 has not furnished commodity trading advice to more than #ae persons and who does not hold himself out generally to the public as a commodity trading advisor4 7#d7 ,,sec-registered 7,a7 ,in general ,subsection 7a7 shall not apply to any commodity trading advisor that is registered with the ,securities and ,exchange ,commission as an investment adviser whose business does not consist primarily of acting as a commodity trading advisor and that does not act as a commodity trading advisor to any commodity pool that is primarily engaged in trading commodity interests4 7,b7 ,engaged primarily ,for purposes of this paragraph1 a commodity trading advisor or a commodity pool shall be considered to be engaged primarily in the business of being a commodity trading advisor or commodity pool if it is or holds itself out to the public as being engaged primarily1 or proposes to engage primarily1 in the business of advising on commodity interests or investing1 reinvesting1 owning1 holding1 or trading in commodity interests1 respectively4 7,c7 ,commodity interests ,for purposes of this paragraph1 commodity interests shall include contracts of sale of a commodity for future delivery1 options on such contracts1 security futures1 swaps1 leverage contracts1 foreign exchange1 spot and forward contracts on physical commodities1 and any monies held in an account used for trading commodity interests4 7#e7 ,subject to proceedings ,a person described in paragraphs 7#a7 and 7#b7 shall be subject to proceedings under section #ad4 7c7 ,relationship to other law ,nothing in this ,act shall relieve any person of any obligation or duty1 or affect the availability of any right or remedy available to the ,securities and ,exchange ,commission or any private party arising under the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;a et seq47 or the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;a et seq47 governing the issuance1 offer1 purchase1 or sale of securities of a commodity pool1 or of persons engaged in transactions with respect to the securities1 or reporting by a commodity pool4 7d7 ,disclosure concerning exempted charitable organizations ,a commodity trading advisor or commodity pool operator that is an organization or person described in subsection 7b77#b77;,a7 of this section to or of any investment trust1 syndicate1 or similar form of enterprise excluded from the definition of investment company pursuant to section #c7;c77#aj77;,b7 of the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a-#c7;c77#aj77;,b77 shall provide disclosure in accordance with section #g7;e7 of that ,act 7#ae ,u4,s4,c4 #hj;a-#g7;e774 4 #aji4 ,digital commodity 7a7 ,requirements applicable to boards of trade ,section #e7;d77#d7 of such ,act 7#g ,u4,s4,c4 #g7;d77#d77 is amended-- 7#a7 by striking all that precedes board of trade and inserting the following3 7#d7 ,prevention of market disruption 7,a7 ,in general ,the 2 7#b7 by redesignating each of subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and moving each of such provisions #b ems to the right2 and 7#c7 by adding after and below the end the following3 7,b7 ,digital commodity ,with regard to a contract on the contract market that references a digital commodity available on a cash market1 the ,commission shall adopt rules detailing the content and availability of trade and trader data and other information the board of trade must be able to access from the referenced cash markets and data sources in order to comply with this paragraph4 4 7b7 ,requirements applicable to swap execution facilities ,section #e;h7f77#d7 of such ,act 7#g ,u4,s4,c4 #g;b-#c7;f77#d77 is amended-- 7#a7 by striking all that precedes swap execution facility shall and inserting the following3 7#d7 ,monitoring of trading and trade processing 7,a7 ,in general ,the 2 7#b7 by redesignating each of clauses 7i7 and 7ii7 of subparagraph 7,a7 as subclauses 7,i7 and 7,,ii71 respectively1 and moving each of such provisions #b ems to the right2 7#c7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and moving each of such provisions #b ems to the right2 and 7#d7 by adding after and below the end the following3 7,b7 ,digital commodity ,with regard to a swap on the swap execution facility that references a digital commodity available on a cash market1 the ,commission shall adopt rules detailing the content and availability of trade and trader data and other information the swap execution facility must be able to access from the referenced cash markets and data sources in order to comply with this paragraph4 4 #aaj4 ,system safeguards 7a7 ,contract markets ,section #e7;d77#bj7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #g7;d77#bj77 is amended-- 7#a7 in subparagraph 7,a71 by striking through and all that follows and inserting through-- 7i7 the implementation of appropriate controls and procedures2 and 7ii7 the development and operation of automated systems that-- 7,i7 are reliable1 secure1 and resilient2 7,,ii7 have adequate scalable capacity2 and 7,,iii7 maintain the confidentiality1 integrity1 and availability of the data they contain2 2 and 7#b7 in subparagraph 7,c71 by striking tests to and all that follows and inserting tests to-- 7i7 verify the reliability1 security1 resilience1 and capacity of the board of trade's automated systems2 7ii7 verify the confidentiality1 integrity1 and availability of the data contained in those systems2 and 7iii7 verify that backup resources are sufficient to ensure continued order processing and trade matching1 price reporting1 market surveillance1 and maintenance of a comprehensive and accurate audit trail4 4 7b7 ,clearinghouses ,section #e;b7c77#b77;,i7 of such ,act 7#g ,u4,s4,c4 #g;a-#a7;c77#b77;,i77 is amended-- 7#a7 in clause 7i71 by striking through the and all that follows and inserting through the-- 7,i7 implementation of appropriate controls and procedures2 and 7,,ii7 development and operation of automated systems that-- 7aa7 are reliable1 secure1 and resilient2 7bb7 have adequate scalable capacity2 and 7cc7 maintain the confidentiality1 integrity1 and availability of the data that they contain2 2 7#b7 in clause 7ii71 by striking allows and inserting allow2 and 7#c7 in clause 7iii71 by striking tests to and all that follows and inserting tests to-- 7,i7 verify the reliability1 security1 resilience1 and capacity of the derivatives clearing organization's automated systems2 7,,ii7 verify the confidentiality1 integrity1 and availability of the data contained in those systems2 and 7,,iii7 verify that the backup resources of the derivatives clearing organization are sufficient to ensure daily processing1 clearing1 and settlement4 4 7c7 ,swap execution facilities ,section #e;h7f77#ad7 of such ,act 7#g ,u4,s4,c4 #g;b-#c7;f77#ad77 is amended-- 7#a7 in subparagraph 7,a71 by striking through and all that follows and inserting through-- 7i7 the implementation of appropriate controls and procedures2 and 7ii7 the development and operation of automated systems that-- 7,i7 are reliable1 secure1 and resilient2 7,,ii7 have adequate scalable capacity2 and 7,,iii7 maintain the confidentiality1 integrity1 and availability of the data they contain2 2 and 7#b7 in subparagraph 7,c71 by striking tests to and all that follows and inserting tests to-- 7i7 verify the reliability1 security1 resilience1 and capacity of the board of trade's automated systems2 7ii7 verify the confidentiality1 integrity1 and availability of the data contained in those systems2 and 7iii7 verify that backup resources are sufficient to ensure continued order processing and trade matching1 price reporting1 market surveillance1 and maintenance of a comprehensive and accurate audit trail4 4 7d7 ,swap data repositories ,section #ba7;f7 of such ,act 7#g ,u4,s4,c4 #bd;a7f77 is amended by redesignating paragraph 7#d7 as paragraph 7#e7 and inserting after paragraph 7#c7 the following3 7#d7 ,system safeguards ,each swap data repository shall-- 7,a7 establish and maintain a program of risk analysis and oversight to identify and minimize sources of operational risk1 through-- 7i7 the implementation of appropriate controls and procedures2 and 7ii7 the development and operation of automated systems that-- 7,i7 are reliable1 secure1 and resilient2 7,,ii7 have adequate scalable capacity2 and 7,,iii7 maintain the confidentiality1 integrity1 and availability of the data they contain2 7,b7 establish and maintain emergency procedures1 backup facilities1 and a plan for disaster recovery that allow for-- 7i7 the timely recovery and resumption of operations2 and 7ii7 the fulfillment of the responsibilities and obligations of the swap data repository2 and 7,c7 periodically conduct tests to-- 7i7 verify the reliability1 security1 resilience1 and capacity of the automated systems of the swap data repository2 7ii7 verify the confidentiality1 integrity1 and availability of the data contained in those systems2 and 7iii7 verify that backup resources are sufficient to ensure continued fulfillment of all duties and obligations of the swap data repository established by this ,act or the regulations of the ,commission4 4 #aaa4 ,administration of swap execution facilities ,section #e;h of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #g;b-#c7 is amended-- 7#a7 in subsection 7a77#a71 by striking or processing2 7#b7 in subsection 7f77#h71 by striking all that follows cooperation with the ,commission and inserting and other registered entities1 as is necessary and appropriate1 to facilitate the liquidation or transfer of open positions in any swap1 or to suspend or curtail trading in a swap42 and 7#c7 in subsection 7f77#ae7-- 7,a7 in subparagraph 7,a71 by adding at the end the following3 ,the individual may also perform other responsibilities for the swap execution facility1 if-- 7i7 there are no conflicts of interest between the other responsibilities and the duties and obligations of the chief compliance officer under this ,act and the regulations thereto2 and 7ii7 the other responsibilities do not limit the ability of the chief compliance officer to carry out the responsibilities of the chief compliance officer4 2 7,b7 in subparagraph 7,b7-- 7i7 by striking clauses 7iii7 through 7v7 and inserting the following3 7iii7 establish and administer-- 7,i7 policies and procedures1 in consultation with the board of the facility1 a body performing a function similar to that of a board1 or the senior officer of the facility1 that are reasonably designed1 as determined by the ,commission1 to resolve any conflicts of interest that may arise2 7,,ii7 the policies and procedures required to be established pursuant to this section2 and 7,,iii7 policies and procedures that reasonably ensure1 as determined by the ,commission1 compliance with this ,act and the rules and regulations issued under this ,act1 including rules prescribed by the ,commission pursuant to this section2 and 2 and 7ii7 by designating clause 7vi7 as clause 7iv72 7,c7 in subparagraph 7,c71 by striking 7,b77vi7 and inserting 7,b77iv72 and 7,d7 in subparagraph 7,d7-- 7i7 in clause 7i71 by striking and sign2 and 7ii7 in clause 7ii7-- 7,i7 in the matter preceding subclause 7,i71 by inserting or senior officer after officer2 and 7,,ii7 in subclause 7,,ii71 by inserting materially before accurate4 #aab4 ,applicability of prohibitions on fraud1 manipulation1 and disruptive trading to activities outside the ,united ,states ,section #f of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #h7 is amended by adding at the end the following3 7h7 ,applicability to activities outside the united states 7#a7 ,applicability ,the provisions of this ,act prohibiting fraud1 manipulation1 attempted fraud1 and attempted manipulation1 and providing for enforcement by the ,commission or the ,united ,states of such prohibitions 7including sections #d;b1 #d;c7a77#a7-7d71 #d;c7a77#g71 #d;c7b71 #do1 #ds7h77#a71 #ds7h77#d71 #f7;c71 #f7;e77#a7-7c71 #f;c1 #i7;a71 #i7;c71 #i7;d71 and #i7;e71 including any rule or regulation promulgated thereunder71 shall apply to activities outside the ,united ,states where such activities1 independently or in conjunction with activities in the ,united ,states1 have or would have a reasonably foreseeable substantial effect within the ,united ,states4 7#b7 ,effect on other authority ,nothing in this subsection affects the application or interpretation of1 or liability under1 any other provision of this ,act1 including section #bb4 4 #aac4 ,privilege retention ,section #h of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #ab7 is amended-- 7#a7 by striking subsection 7e7 and inserting the following3 7e7 ,disclosure authorities 7#a7 ,in general 7,a7 ,previously disclosed ,the ,commission may disclose and make public1 where such information has previously been disclosed publicly in accordance with the provisions of this section1 the names and addresses of all traders on the boards of trade on the commodity markets with respect to whom the ,commission has information1 and any other information in the possession of the ,commission relating to the amount of commodities purchased or sold by each such trader4 7,b7 ,congressional access ,upon the request of any committee of either ,house of ,congress1 acting within the scope of its jurisdiction1 the ,commission shall furnish to the committee the names and addresses of all traders on the boards of trade with respect to whom the ,commission has information1 and any other information in the possession of the ,commission relating to the amount of any commodity purchased or sold by each such trader4 7#b7 ,domestic agencies 7,a7 ,in general ,upon the request of any department or agency of the ,government of the ,united ,states1 acting within the scope of its jurisdiction1 the ,commission may furnish to the department or agency any information in the possession of the ,commission obtained in connection with the administration of this ,act4 7,b7 ,conditions ,any information furnished under this paragraph to any ,federal department or agency shall not be disclosed by the department or agency except in any action or proceeding under the laws of the ,united ,states to which the department or agency1 the ,commission1 or the ,united ,states is a party4 7,c7 ,federal reserve banks ,in this paragraph1 the term agency includes the ,federal ,reserve ,banks4 7#c7 ,state agencies 7,a7 ,in general ,upon the request of any department or agency of any ,state or any political subdivision thereof1 acting within the scope of its jurisdiction1 the ,commission may furnish to the department1 agency1 or political subdivision any information in the possession of the ,commission obtained in connection with the administration of this ,act4 7,b7 ,conditions ,any information furnished to any department or agency of any ,state or political subdivision thereof shall not be disclosed by the department or agency except in connection with an adjudicatory action or proceeding under this ,act or the laws of the ,state or political subdivision to which the ,state1 political subdivision1 department1 or agency is a party4 7#d7 ,foreign agencies 7,a7 ,in general ,upon the request of any foreign futures authority1 or any department1 central bank1 ministry1 or agency of any foreign government or any political subdivision thereof1 acting within the scope of its jurisdiction1 the ,commission may furnish to the foreign futures authority1 department1 central bank1 ministry1 agency of any foreign government1 or any political subdivision thereof1 any information in the possession of the ,commission obtained in connection with the administration of this ,act4 7,b7 ,conditions ,the ,commission shall not furnish any information to a foreign futures authority or to a department1 central bank1 ministry1 or agency of a foreign government or political subdivision thereof1 unless the ,commission is satisfied that the information will not be disclosed by the foreign futures authority1 department1 central bank1 ministry1 or agency of any foreign government or any political subdivision thereof1 except in connection with an adjudicatory action or proceeding under the laws of the foreign government or political subdivision to which the foreign government1 political subdivision1 department1 agency1 central bank1 ministry1 or foreign futures authority is a party4 2 7#b7 by redesignating subsections 7h7 and 7i7 as subsections 7i7 and 7j71 respectively2 and 7#c7 by inserting after subsection 7g7 the following3 7h7 ,sharing privileged information with other authorities 7#a7 ,privilege definition ,the term privilege includes any applicable work-product privilege1 attorney-client privilege1 governmental privilege1 or other privilege recognized under ,federal1 ,state1 or foreign law4 7#b7 ,privileged information provided by the ,commission ,the ,commission shall not be considered to have waived any privilege by transferring information to or permitting that information to be used in accordance with section #h;a7#f7 or paragraphs 7#b71 7#c71 and 7#d7 of subsection 7e7 of this section4 7#c7 ,nondisclosure of privileged information provided to the ,commission ,the ,commission shall not be compelled to disclose privileged information obtained from any foreign futures authority if the authority has in good faith determined and represented to the ,commission that the information is privileged1 except as provided for in subsection 7a77#a74 7#d7 ,nonwaiver of privileged information provided to the ,commission 7,a7 ,in general ,the entities listed in paragraphs 7#b71 7#c71 and 7#d7 of subsection 7e7 and section #h7;a77#f7 shall not be considered to have waived any privilege by transferring information to or permitting information to be used by the ,commission4 7,b7 ,exception ,subparagraph 7,a7 shall not apply to an entity listed in section #h;a7#f7 with respect to information obtained by the ,commission in an investigation relating to or in any action against the entity4 7#e7 ,rule of construction ,nothing in this subsection shall authorize the ,commission to withhold information from the ,congress or prevent the ,commission from complying with an order of a court of the ,united ,states in an action commenced by the ,united ,states or the ,commission4 4 #aad4 ,proprietary information ,section #h of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #ab71 as amended by section #aac of this ,act1 is amended by adding at the end the following3 7k7 ,proprietary information 7#a7 ,in general ,for any proprietary information provided to the ,commission1 the ,commission may1 in its discretion1 after notice and comment1 adopt rules and regulations to apply any of the provisions of this section to such information it obtains or receives1 as it deems necessary1 to the extent such information is not already covered by the provisions of this section4 7,a7 ,policies ,with regard to proprietary information it obtains or receives1 the ,commission shall adopt policies1 as determined by the ,commission1 after notice and comment1 to-- 7i7 address circumstances when the ,commission requests proprietary information2 7ii7 safeguard the information1 taking into consideration the level of sensitivity of the information2 7iii7 limit access to the information to appropriate staff1 as determined by the ,commission2 and 7iv7 protect the information from unlawful use or disclosure4 7,b7 ,sharing ,to the extent the ,commission adopts rules or regulations1 pursuant to paragraph 7#a71 regarding the sharing of such proprietary information with other governmental entities1 the ,commission shall receive assurances that such other governmental entity shall maintain sufficient safeguards consistent with-- 7i7 policies that achieve the objectives of clauses 7ii71 7iii71 and 7iv7 of subparagraph 7,a72 and 7ii7 the limitations set forth in paragraphs 7#b71 7#c71 and 7#d7 of subsection 7e7 concerning the confidentiality of any such information received4 4 #aae4 ,authority to provide food and incidental assistance to foreign officials hosted by the ,commission ,section #ab7;b7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #af7;b77 is amended by adding at the end the following3 7#e7 ,the ,commission may incur expenses for consultations and meetings hosted by the ,commission with foreign governmental and other regulatory officials to exchange views concerning derivatives matters1 such expenses to include necessary logistic and administrative expenses1 including-- 7,a7 meals2 7,b7 local travel and transportation2 and 7,c7 related incidental expenses4 4 #aaf4 ,extension of operations ,section #ab7;d7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #af7;d77 is amended by striking #bjjh through #bjac and inserting #bjbj through #bjbe4 #aag4 ,aiding and abetting ,section #ac7;a7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #ac;c7a77 is amended-- 7#a7 by inserting or recklessly provides substantial assistance to1 after commission of12 and 7#b7 by inserting 1 or who by recklessly providing substantial assistance to another1 before causes to act4 #aah4 ,modernization of authority of the ,commission to conduct research1 development1 demonstration1 and information programs ,section #ah of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #bb7 is amended to read as follows3 #ah4 ,research and development programs 7a7 ,programs ,the ,commission1 as part of its ongoing operations1 shall establish and maintain research1 development1 demonstration1 and information programs that further the purposes of this ,act1 including programs that-- 7#a7 facilitate the understanding by the ,commission of emerging technologies1 technological advances1 and innovations and their potential application to and effect on the transactions and markets under the jurisdiction of the ,commission1 and associated implications for cybersecurity1 data security1 and systemic risk2 7#b7 provide an environment where emerging technologies1 technological advances1 and innovations may be explored by the ,commission with developers and potential users to evaluate potential effects on the ,commission and the markets under the jurisdiction of the ,commission2 7#c7 identify areas where the ,commission should adapt its administration of this ,act in light of emerging technologies1 technological advances1 and innovations to benefit the markets under the jurisdiction of the ,commission2 and 7#d7 develop educational and other informational materials for dissemination and use among producers1 market-users1 and the general public regarding-- 7,a7 derivatives2 7,b7 emerging technologies1 technological advances1 and innovations in markets under the jurisdiction of the ,commission2 and 7,c7 applicable requirements of this ,act and the regulations prescribed under this ,act with regard to the subjects described in subparagraphs 7,a7 and 7,b74 7b7 ,research and development plan 7#a7 ,in general ,the ,commission may1 after notice and comment1 adopt a research and development plan for a program established under subsection 7a74 7#b7 ,conditions ,a research and development plan adopted pursuant to paragraph 7#a7 shall identify-- 7,a7 specific areas of interest to the ,commission2 7,b7 potential activities the ,commission will undertake to investigate an area of interest2 and 7,c7 how the authority described in subsection 7c7 will be utilized in the program4 7c7 ,other transaction authority 7#a7 ,in general ,notwithstanding the ,office of ,federal ,procurement ,policy ,act of #aigd and the ,competition in ,contracting ,act1 the ,commission may enter into and perform a transaction 7other than a standard contract7 for the purpose of aiding or facilitating the programs and activities under subsection 7a74 7#b7 ,conditions ,the ,commission may enter into a transaction under this subsection only if-- 7,a7 the transaction is used only in furtherance of a research and development plan established under subsection 7b72 7,b7 the ,commission endeavored to use a competitive process1 where appropriate1 when determining the parties to the transaction2 and 7,c7 using a standard contract to do so is either not feasible or not appropriate4 7#c7 ,policies ,the ,commission shall1 after notice and comment1 establish and publish written policies setting forth the manner and criteria for utilizing the authority provided by this subsection4 7d7 ,gift acceptance authority 7#a7 ,in general ,the ,commission may accept and use1 on behalf of the ,united ,states1 any non-monetary gift of a provision of access1 use of facilities1 personal property1 or services1 that is related to-- 7,a7 sharing of research1 data1 or other information2 7,b7 public presentations2 or 7,c7 non-commercially available services or systems4 7#b7 ,conditions 7,a7 ,in general ,a gift may be accepted pursuant to this subsection only if it is in furtherance of a research and development plan established under subsection 7b74 7,b7 ,limitations ,the ,commission may not accept a gift if-- 7i7 conditions inconsistent with applicable laws or regulations apply to the gift2 7ii7 the gift is conditioned on1 or will require1 the expenditure of appropriated funds not available to the ,commission2 7iii7 using a standard contract or other transaction authority under subsection 7c7 to acquire the gift is either feasible or appropriate2 or 7iv7 acceptance of the gift would-- 7,i7 reflect unfavorably on the ability of the ,commission to carry out its responsibilities or official duties in a fair and objective manner1 or compromise the integrity or the appearance of the integrity of its programs or any official involved in its programs1 or 7,,ii7 give the endorsement or the appearance of the endorsement by the ,commission or ,commission staff of the products1 services1 activities1 or policies of the donor4 7,c7 ,solicitation prohibition 7i7 ,in general ,except as provided in clause 7ii71 no gift may be solicited by any ,commissioner1 employee of1 or contractor at the ,commission4 7ii7 ,exception ,a ,commissioner or employee of the ,commission may solicit only for a gift described in paragraph 7#a77;,b74 7,d7 ,duration ,to the extent applicable1 the ,commission shall return any gift accepted pursuant to this subsection within #ij days after accepting the gift4 7,e7 ,rules ,the ,commission shall1 after notice and comment1 establish and publish written rules setting forth the manner and criteria to be used in determining whether a gift meets the conditions of this paragraph4 7#c7 ,disclosure ,within #cj days after accepting a gift pursuant to this subsection1 the ,commission shall publish in the ,federal ,register a notice detailing-- 7,a7 the source of the gift2 7,b7 the nature of the gift2 7,c7 whether the gift was solicited pursuant to paragraph 7#b77;,c77ii71 and if so1 by whom2 and 7,d7 how the gift meets the conditions set forth in paragraph 7#b74 7#d7 ,sunset ,the authority provided in this subsection may not be exercised on or after ,october #a1 #bjbe4 7e7 ,annual report ,not later than #fj days after the end of each fiscal year1 the ,commission shall submit to the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committee on ,agriculture of the ,house of ,representatives a report on all transactions entered into under subsection 7c7 and all gifts accepted under subsection 7d7 in the fiscal year1 which shall include the following3 7#a7 ,a brief description of the subject of each such transaction or gift1 with an explanation of-- 7,a7 its potential utility to the ,commission or the markets regulated by the ,commission2 7,b7 how it fulfills the goals and objectives of the research and development plan established under subsection 7b72 and 7,c7 the status of all related projects4 7#b7 ,the information required to published pursuant to subsection 7d77#c74 7#c7 ,a description of all sums expended by the ,commission in connection with a transaction entered into under subsection 7c71 and1 if readily ascertainable1 the value of any gift accepted under subsection 7d74 4 #aai4 ,protecting customer property during commodity broker bankruptcy ,section #bj7;a7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #bd7;a77 is amended-- 7#a7 by striking and at the end of paragraph 7#d72 7#b7 by striking the period at the end of paragraph 7#e7 and inserting 2 and2 and 7#c7 by adding at the end the following3 7#f7 that cash1 securities1 or other property of the estate of a commodity broker1 including the trading or operating accounts of the commodity broker and commodities held in inventory by the commodity broker1 shall1 subject to any otherwise unavoidable security interest1 or otherwise unavoidable contractual offset or netting rights of creditors 7including rights set forth in a rule or bylaw of a derivatives clearing organization or a clearing agency7 in respect of such property1 be included in customer property1 but only to the extent that the property that is otherwise customer property is insufficient to satisfy the net equity claims of public customers 7as such term may be defined by the ,commission by rule or regulation7 of the commodity broker4 4 #abj4 ,elimination of the double-sided confirmation requirement for swap data repositories ,section #ba7;c77#b7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #bd;a7c77#b77 is amended to read as follows3 7#b7 confirm with any counterparty to the swap1 as determined by the ,commission1 the accuracy of the data that was submitted1 and the counterparty shall comply with any request of a swap data repository to confirm the accuracy of the data2 4 #aba4 ,whistleblower protections for internal disclosures 7a7 ,internal reporting ,section #bc of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #bf7 is amended-- 7#a7 in subsection 7a77#g7-- 7,a7 by striking ,the term and inserting the following3 7,a7 ,in general ,the term 2 and 7,b7 by adding at the end the following3 7,b7 ,special rule ,solely for the purposes of subsection 7h77#a71 the term whistleblower includes any individual who takes1 or #b or more individuals acting jointly who take1 an action described in subsection 7h77#a77;,a74 2 and 7#b7 in subsection 7h77#a77;,a7-- 7,a7 in clause 7i71 by striking or at the end2 7,b7 in clause 7ii71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7iii7 in providing information regarding any conduct that the whistleblower reasonably believes constitutes a violation of any law1 rule1 or regulation subject to the jurisdiction of the ,commission to-- 7,i7 a person with supervisory authority over the whistleblower at the employer of the whistleblower1 if that employer is an entity registered with1 or required to be registered with1 the ,commission1 a self-regulatory organization1 or a ,state securities commission or office performing like functions2 or 7,,ii7 another individual working for the employer described in subclause 7,i7 who the whistleblower reasonably believes has the authority-- 7aa7 to investigate1 discover1 or terminate the misconduct2 or 7bb7 to take any other action to address the misconduct4 4 7b7 ,claims processing 7#a7 ,in general ,section #bc7;b7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #bf7 is amended by adding at the end the following3 7#c7 ,timely processing of claims 7,a7 ,initial disposition 7i7 ,in general ,except as provided in subparagraph 7,b71 and subject to clause 7ii71 the ,commission shall make an initial disposition with respect to a claim submitted by a whistleblower for an award under this section 7referred to in this paragraph as an award claim7 not later than #a year after the deadline established by the ,commission1 by rule1 for the whistleblower to file the award claim4 7ii7 ,multiple actions ,if a covered judicial or administrative action involves one or more related actions1 the requirement under clause 7i7 shall apply with respect to the latest deadline with respect to the actions4 7,b7 ,exceptions 7i7 ,initial extension ,if the ,director of the ,division of ,enforcement of the ,commission 7referred to in this paragraph as the ,director71 or the designee of the ,director1 determines that an award claim is sufficiently complex or involves more than #a whistleblower1 or if other good cause exists such that the ,commission cannot reasonably satisfy the requirement under subparagraph 7,a71 the ,director or the designee1 as applicable1 after providing notice to the ,chairman of the ,commission 7referred to in this paragraph as the ,chairman71 may extend the deadline with respect to the satisfaction of that subparagraph by not more than #ahj days4 7ii7 ,additional extensions ,if1 after providing an extension under clause 7i71 the ,director1 or the designee of the ,director1 determines that the ,commission cannot reasonably satisfy the requirement under subparagraph 7,a7 with respect to an award claim1 as extended under that clause1 the ,director or the designee1 as applicable1 after providing notice to the ,chairman1 may extend the period in which the ,commission may satisfy subparagraph 7,a7 by #a additional #ahj-;day period4 7iii7 ,notice to whistleblower required ,if the ,director1 or the designee of the ,director1 exercises authority under clause 7i7 or 7ii71 the ,director or the designee1 as applicable1 shall submit to the whistleblower who filed the award claim that is subject to that action by the ,director or the designee a written notification of that action by the ,director or the designee4 7,c7 ,applicability ,this paragraph shall apply only to an award claim that is timely submitted under a deadline established by the ,commission after the date of enactment of this paragraph4 4 7#b7 ,rules ,the ,commodity ,futures ,trading ,commission may issue any rules that are necessary to carry out paragraph 7#c7 of section #bc7;b7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #bf7;b77 7as added by paragraph 7#a774 7c7 ,,cftc ,whistleblower ,program education initiatives ,section #bc7;g77#b7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #bf7;g77#b77 is amended-- 7#a7 in subparagraph 7,a71 by striking and at the end2 7#b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,c7 the funding of initiatives designed to educate stakeholders regarding the incentives and protections available under this section1 including the benefits of those incentives and protections4 4 7d7 ,deposits into ,,cftc ,consumer ,protection ,fund ,section #bc7;g77#c77;,a7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #bf7;g77#c77;,a77 is amended by striking #ajj1jjj1jjj and inserting #aej1jjj1jjj4 7e7 ,availability of certain ,,cftc information to government agencies ,section #bc7;h77#b77;,c7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #bf7;h77#b77;,c77 is amended-- 7#a7 in clause 7i7-- 7,a7 in subclause 7,,ii71 by striking jurisdiction2 and inserting the following3 8jurisdiction1 including-- 7aa7 the ,federal ,trade ,commission2 7bb7 the ,internal ,revenue ,service2 and 7cc7 the ,department of ,state2 2 and 7,b7 in subclause 7,,vi71 by inserting or other foreign law enforcement authority before the period at the end2 and 7#b7 in clause 7ii7-- 7,a7 by striking ,each and inserting the following3 7,i7 ,in general ,each 2 7,b7 in subclause 7,i7 7as so designated71 by inserting subclauses 7,i7 through 7,v7 of before clause 7i72 and 7,c7 by adding at the end the following3 7,,ii7 ,foreign authorities ,an entity described in subclause 7,,vi7 of clause 7i7 shall maintain information described in that clause in accordance with such assurances of confidentiality as the ,commission determines appropriate4 4 #abb4 ,updating standards for natural persons to meet requirements for qualified eligible persons 7a7 ,in general ,within #a year after the date of the enactment of this section1 the ,commodity ,futures ,trading ,commission shall adopt a rule to update its regulations governing the requirements for natural persons to be qualified eligible persons who must satisfy portfolio requirements1 for the purposes of providing relief to commodity trading advisors and commodity pool operators in their dealings with qualified eligible persons pursuant to section #d4g of title #ag1 ,code of ,federal ,regulations1 so that a natural person1 to be a qualified eligible person who must satisfy the portfolio requirement1 must meet the requirement of paragraph 7#a7 and the requirement of paragraph 7#b73 7#a7 ,means ,the requirement of this paragraph is that the person must have-- 7,a7 an individual net worth1 or joint net worth with the spouse1 if any1 of the person1 at the time of the opening of an exempt account or purchase of one or more participation units in an exempt commodity pool1 to qualify the person as an accredited advisor1 as defined in section #bcj4eja7;a77#e7 of title #ag1 ,code of ,federal ,regulations1 as if that regulation were amended by striking #a1jjj1jjj and inserting #e1jjj1jjj2 or 7,b7 individual income1 or joint income with the spouse1 if any1 of the person1 in excess of #ejj1jjj in each of the #b most recent years1 and have a reasonable expectation of reaching the same income level in the current year4 7#b7 ,portfolio ,the requirement of this paragraph is that the person must meet a portfolio requirement under section #d4g7;a77#a77v7 of title #ag1 ,code of ,federal ,regulations1 as if that regulation were amended-- 7,a7 by striking #b1jjj1jjj and inserting #e1jjj1jjj2 7,b7 by striking #bjj1jjj and inserting #ejj1jjj2 7,c7 by striking #a1jjj1jjj and inserting #b1ejj1jjj2 and 7,d7 by striking #ajj1jjj and inserting #bej1jjj4 7b7 ,inflation ,in adopting a rule pursuant to subsection 7a71 the ,commission shall-- 7#a7 include provisions providing for adjusting the dollar amounts referred to in subsection 7a7 for inflation every three years to the nearest #a1jjj to reflect the change in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,bureau of ,labor ,statistics2 and 7#b7 allow any natural person who meets the requirements of a qualified eligible person and is a participant in a commodity pool or the customer of a commodity trading advisor provided relief under section #d4g of title #ag1 ,code of ,federal ,regulations1 before the date of any adjustment in such requirements established pursuant to this rule to remain a qualified eligible person1 notwithstanding such adjustments established pursuant to this rule1 if-- 7,a7 the natural person continues to meet the requirements of qualified eligible persons pursuant to section #d4g of title #ag1 ,code of ,federal ,regulations1 as in effect before the date of any adjustment in such requirements established pursuant to this rule2 and 7,b7 the natural person does not-- 7i7 sell all shares of its participation in such exempt commodity pool2 7ii7 withdraw all assets from any account managed by such exempt commodity trading advisor2 7iii7 purchase any new shares of participation in such exempt commodity pool2 or 7iv7 contribute additional assets to any account managed by such exempt commodity trading advisor4 #abc4 ,government ,accountability ,office study on aluminum markets 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study of-- 7#a7 the aluminum markets in the ,united ,states and globally1 in general2 7#b7 the effectiveness and efficiency of the markets for purchasers of aluminum2 7#c7 what factors and policies influence the supply1 demand1 and movement of aluminum around the world2 and 7#d7 the effectiveness of government oversight over the markets4 7b7 ,report ,within #ahj days after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a written report that contains the results of the study required by subsection 7a74 ,,ii ,,technical ,,corrections #bja4 ,correction of references 7a7 ,section #b7;h77#h77;,a77ii7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #b7;h77#h77;,a77ii77 is amended by striking #e;h7f7 of this ,act and inserting #e;h7g74 7b7 ,section #e;c7c77#e77;,c77i7 of such ,act 7#g ,u4,s4,c4 #g;a-#b7;c77#e77;,c77i77 is amended by striking #a;a7#b77;i77 and inserting #a;a7#ai77;i774 7c7 ,section #bc7;f7 of such ,act 7#g ,u4,s4,c4 #bf7;f77 is amended by striking section #gjfd and inserting section #gjf4 #bjb4 ,elimination of obsolete references to dealer options 7a7 ,in general ,section #d;c of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #f;c7 is amended by striking subsections 7d7 and 7e7 and redesignating subsections 7f7 and 7g7 as subsections 7d7 and 7e71 respectively4 7b7 ,conforming amendments 7#a7 ,section #b7;d7 of such ,act 7#g ,u4,s4,c4 #b7;d77 is amended by striking 7g7 of and inserting 7e7 of4 7#b7 ,section #d;f7a77#d77;,a77i7 of such ,act 7#g ,u4,s4,c4 #f;f7a77#d77;,a77i77 is amended by striking 1 7d71 7e71 and 7g7 and inserting and 7e74 7#c7 ,section #dk7#e77;,a7 of such ,act 7#g ,u4,s4,c4 #fk7#e77;,a77 is amended by striking 1 7d71 7e71 and 7g7 and inserting and 7e74 7#d7 ,section #e;f7b77#a77;,a7 of such ,act 7#g ,u4,s4,c4 #g;b-#a7;b77#a77;,a77 is amended by striking 1 7e71 and 7g7 and inserting and 7e74 7#e7 ,section #i7;a77#b7 of such ,act 7#g ,u4,s4,c4 #ac7;a77#b77 is amended by striking through 7e7 of subsection and inserting through 7c7 of section4 #bjc4 ,updated trade data publication requirement ,section #d;g7e7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #f;g7e77 is amended by striking the exchange and inserting each designated contract market and swap execution facility4 #bjd4 ,flexibility for all registered entities 7a7 ,section #e;c7b7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #g;a-#b7;b77 is amended by striking contract market1 derivatives transaction execution facility1 or electronic trading facility each place it appears and inserting registered entity4 7b7 ,section #e;c7b77#a7 of such ,act 7#g ,u4,s4,c4 #g;a-#b7;b77#a77 is amended-- 7#a7 by striking 7#a7 ,in general4--,a and inserting the following3 7#a7 ,delegation 7,a7 ,in general ,a 2 7#b7 by striking with respect to a significant price discovery contract2 and 7#c7 by adding after and below the end the following3 7,b7 ,swaps ,in addition to the authority described in subparagraph 7,a71 a registered entity may also comply with any applicable core principle1 as it applies to swaps1 through delegation of any relevant function to a registered national securities association4 4 #bje4 ,elimination of obsolete references to electronic trading facilities 7a7 ,section #a;a7#ah77;,a77x7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #a;a7#ah77;,a77x77 is amended by striking 7other than an electronic trading facility with respect to a significant price discovery contract74 7b7 ,section #a;a7#dj7 of such ,act 7#g ,u4,s4,c4 #a;a7#dj77 is amended-- 7#a7 by adding and at the end of subparagraph 7,d72 and 7#b7 by striking all that follows 8section #ba0 and inserting a period4 7c7 ,section #d;a7e7 of such ,act 7#g ,u4,s4,c4 #f;a7e77 is amended-- 7#a7 in the first sentence-- 7,a7 by striking or by any electronic trading facility2 7,b7 by striking or on an electronic trading facility2 and 7,c7 by striking or electronic trading facility each place it appears2 and 7#b7 in the second sentence1 by striking or electronic trading facility with respect to a significant price discovery contract4 7d7 ,section #d;g7a7 of such ,act 7#g ,u4,s4,c4 #f;g7a77 is amended by striking any significant price discovery contract traded or executed on an electronic trading facility or4 7e7 ,section #d;i of such ,act 7#g ,u4,s4,c4 #f;i7 is amended-- 7#a7 by striking 1 or any significant price discovery contract traded or executed on an electronic trading facility2 and 7#b7 by striking or electronic trading facility4 7f7 ,section #f7;b7 of such ,act 7#g ,u4,s4,c4 #h7;b77 is amended by striking or electronic trading facility each place it appears4 7g7 ,section #ab7;e77#b7 of such ,act 7#g ,u4,s4,c4 #af7;e77#b77 is amended by striking in the case of-- and all that follows and inserting in the case of an agreement1 contract1 or transaction that is excluded from this ,act under section #b7;c7 or #b7;f7 of this ,act or title ,,iv of the ,commodity ,futures ,modernization ,act of #bjjj1 or exempted under section #d7;c7 of this ,act 7regardless of whether any such agreement1 contract1 or transaction is otherwise subject to this ,act744 #bjf4 ,elimination of obsolete reference to alternative swap execution facilities ,section #e;h7h7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #g;b-#c7;h77 is amended by striking alternative before swap4 #bjg4 ,elimination of redundant references to types of registered entities ,section #f;b of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #ac;a7 is amended in the first sentence by striking as set forth in sections #e through #e;c4 #bjh4 ,clarification of ,commission authority over swaps trading ,section #h;a of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #ab;a7 is amended-- 7#a7 in paragraph 7#g7-- 7,a7 by inserting the protection of swaps traders and to assure fair dealing in swaps1 for after appropriate for2 7,b7 in subparagraph 7,a71 by inserting swaps or after conditions in2 and 7,c7 in subparagraph 7,b71 by inserting or swaps after future delivery2 and 7#b7 in paragraph 7#i7-- 7,a7 by inserting swap or after or liquidation of any2 and 7,b7 by inserting swap or after margin levels on any4 #bji4 ,elimination of obsolete reference to the ,commodity ,exchange ,commission ,section #ac7;c7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #ac;c7c77 is amended by striking or the ,commission4 #baj4 ,elimination of obsolete references to derivative transaction execution facilities 7a7 ,section #a;a7#ab77;,b77vi7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #a;a7#ab77;,b77vi77 is amended by striking derivatives transaction execution facility and inserting swap execution facility4 7b7 ,section #a;a7#cd7 of such ,act 7#g ,u4,s4,c4 #a;a7#cd77 is amended-- 7#a7 in the heading1 by striking 2 member of a derivatives transaction execution facility2 and 7#b7 by striking or derivatives transaction execution facility each place it appears4 7c7 ,section #a;a7#ce77;,b77iii77,i7 of such ,act 7#g ,u4,s4,c4 #a;a7#ce77;,b77iii77,i77 is amended by striking or registered derivatives transaction execution facility4 7d7 ,section #b7;a77#a77;,c77ii7 of such ,act 7#g ,u4,s4,c4 #b7;a77#a77;,c77ii77 is amended-- 7#a7 by striking 1 or register a derivatives transaction execution facility that trades or executes12 7#b7 by striking 1 and no derivatives transaction execution facility shall trade or execute such contracts of sale 7or options on such contracts7 for future delivery2 and 7#c7 by striking or the derivatives transaction execution facility14 7e7 ,section #b7;a77#a77;,c77v77,i7 of such ,act 7#g ,u4,s4,c4 #b7;a77#a77;,c77v77,i77 is amended by striking 1 or any derivatives transaction execution facility on which such contract or option is traded14 7f7 ,section #b7;a77#a77;,c77v77,,ii7 of such ,act 7#g ,u4,s4,c4 #b7;a77#a77;,c77v77,,ii77 is amended by striking or derivatives transaction execution facility each place it appears4 7g7 ,section #b7;a77#a77;,c77v77,v7 of such ,act 7#g ,u4,s4,c4 #b7;a77#a77;,c77v77,v77 is amended by striking or registered derivatives transaction execution facility4 7h7 ,section #b7;a77#a77;,d77i7 of such ,act 7#g ,u4,s4,c4 #b7;a77#a77;,d77i77 is amended in the matter preceding subclause 7,i7-- 7#a7 by striking in1 or register a derivatives transaction execution facility2 and 7#b7 by striking 1 or registered as a derivatives transaction execution facility for14 7i7 ,section #b7;a77#a77;,d77i77,,iv7 of such ,act 7#g ,u4,s4,c4 #b7;a77#a77;,d77i77,,iv77 is amended by striking registered derivatives transaction execution facility1 each place it appears4 7j7 ,section #b7;a77#a77;,d77ii77,i7 of such ,act 7#g ,u4,s4,c4 #b7;a77#a77;,d77ii77,i77 is amended to read as follows3 7,i7 the transaction is conducted on or subject to the rules of a board of trade that has been designated by the ,commission as a contract market in such security futures product2 or 4 7k7 ,section #b7;a77#a77;,d77ii77,,ii7 of such ,act 7#g ,u4,s4,c4 #b7;a77#a77;,d77ii77,,ii77 is amended by striking or registered derivatives transaction execution facility4 7l7 ,section #b7;a77#a77;,d77ii77,,iii7 of such ,act 7#g ,u4,s4,c4 #b7;a77#a77;,d77ii77,,iii77 is amended by striking or registered derivatives transaction execution facility member4 7m7 ,section #b7;a77#i77;,b77ii7 of such ,act 7#g ,u4,s4,c4 #b7;a77#i77;,b77ii77 is amended-- 7#a7 by striking or registration each place it appears2 7#b7 by striking or derivatives transaction execution facility each place it appears2 7#c7 by striking or register2 7#d7 by striking 1 registering12 and 7#e7 by striking registration14 7n7 ,section #b7;c77#b7 of such ,act 7#g ,u4,s4,c4 #b7;c77#b77 is amended by striking or a derivatives transaction execution facility each place it appears4 7o7 ,section #d7;a7 of such ,act 7#g ,u4,s4,c4 #f7;a77 is amended by striking or derivatives transaction execution facility each place it appears4 7p7 ,section #d7;c77#a7 of such ,act 7#g ,u4,s4,c4 #f7;c77#a77 is amended-- 7#a7 by striking or registered2 and 7#b7 by striking or derivatives transaction execution facility4 7q7 ,section #d;a7a77#a7 of such ,act 7#g ,u4,s4,c4 #f;a7a77#a77 is amended-- 7#a7 by striking or derivatives transaction execution facilities2 and 7#b7 by striking or derivatives transaction execution facility4 7r7 ,section #d;a7e7 of such ,act 7#g ,u4,s4,c4 #f;a7e77 is amended-- 7#a7 by striking 1 derivatives transaction execution facility1 each place it appears2 and 7#b7 by striking or derivatives transaction execution facility4 7s7 ,section #d;c7e7 of such ,act 7#g ,u4,s4,c4 #f;c7g771 as so redesignated by section #bjb7;a7 of this ,act1 is amended by striking or derivatives transaction execution facility each place it appears4 7t7 ,section #d;d of such ,act 7#g ,u4,s4,c4 #f;d7 is amended by striking or derivatives transaction execution facility each place it appears4 7u7 ,section #d;e of such ,act 7#g ,u4,s4,c4 #f;e7 is amended by striking or derivatives transaction execution facility4 7v7 ,section #d;f7a7 of such ,act 7#g ,u4,s4,c4 #f;f7a77 is amended by striking 8or registered derivatives transaction execution facility04 7w7 ,section #d;f7b7 of such ,act 7#g ,u4,s4,c4 #f;f7b77 is amended by striking or derivatives transaction execution facility each place it appears4 7x7 ,section #d;i of such ,act 7#g ,u4,s4,c4 #f;i7 is amended by striking or derivatives transaction execution facility4 7y7 ,section #d;j of such ,act 7#g ,u4,s4,c4 #f;j7 is amended-- 7#a7 in the heading by striking and registered derivatives transaction execution facilities2 7#b7 in subsection 7a71 by striking and registered derivatives transaction execution facility2 7#c7 in subsection 7b71 by striking or registered derivatives transaction execution facility2 and 7#d7 in subsection 7c71 by striking or registered derivatives transaction execution facility members4 7z7 ,section #dk of such ,act 7#g ,u4,s4,c4 #fk7 is amended by striking or registered derivatives transaction execution facility4 7aa7 ,section #dl of such ,act 7#g ,u4,s4,c4 #fl7 is amended by striking or derivative transaction execution facilities each place it appears4 7bb7 ,section #dp7a7 of such ,act 7#g ,u4,s4,c4 #fp7a77 is amended by striking 1 or derivatives transaction execution facilities4 7cc7 ,section #dp7b7 of such ,act 7#g ,u4,s4,c4 #fp7b77 is amended by striking derivatives transaction execution facility14 7dd7 ,section #e7;e7 of such ,act 7#g ,u4,s4,c4 #g7;e77 is amended-- 7#a7 by striking 7e7 and all that follows through a contract for and inserting the following3 7e7 ,current agricultural commodities ,a contract for 2 and 7#b7 by striking paragraph 7#b74 7ee7 ,section #e;c7b7 of such ,act 7#g ,u4,s4,c4 #g;a-#b7;b77 is amended by striking 1 derivatives transaction execution facility1 each place it appears4 7ff7 ,section #e;c7f7 of such ,act 7#g ,u4,s4,c4 #g;a-#b7;f77 is amended by striking and registered derivatives transaction execution facility4 7gg7 ,section #e;c7f77#a7 of such ,act 7#g ,u4,s4,c4 #g;a-#b7;f77#a77 is amended by striking or registered derivatives transaction execution facility4 7hh7 ,section #f of such ,act 7#g ,u4,s4,c4 #h7 is amended-- 7#a7 by striking or registered2 7#b7 by striking or derivatives transaction execution facility each place it appears2 and 7#c7 by striking or registration each place it appears4 7ii7 ,section #f;a7a7 of such ,act 7#g ,u4,s4,c4 #aj;a7a77 is amended-- 7#a7 by striking or registered2 7#b7 by striking or a derivatives transaction execution facility2 and 7#c7 by inserting shall before exclude the first place it appears4 7jj7 ,section #f;a7b7 of such ,act 7#g ,u4,s4,c4 #aj;a7b77 is amended-- 7#a7 by striking or registered2 and 7#b7 by striking or a derivatives transaction execution facility4 7kk7 ,section #f;d7#a7 of such ,act 7#g ,u4,s4,c4 #ac;a-#b7a77 is amended by striking derivatives transaction execution facility14 #baa4 ,elimination of obsolete references to exempt boards of trade 7a7 ,section #a;a7#ah77;,a77x7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #a;a7#ah77;,a77x77 is amended by striking 8or an exempt board of trade04 7b7 ,section #ab7;e77#a77;,b77i7 of such ,act 7#g ,u4,s4,c4 #af7;e77#a77;,b77i77 is amended by striking 8or exempt board of trade04 #bab4 ,elimination of completed reports 7a7 ,section #bc7;h77#b77;,c7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #bf7;h77#b77;,c77 is amended by striking clause 7iii74 7b7 ,section #bf of the ,futures ,trading ,act of #aigh 7#g ,u4,s4,c4 #af;a7 is amended by striking subsection 7b7 and redesignating subsection 7c7 as subsection 7b74 #bac4 ,miscellaneous corrections 7a7 ,section #a;a7#ab77;,a77i77,,ii7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #a;a7#ab77;,a77i77,,ii77 is amended by adding at the end a semicolon4 7b7 ,section #b7;a77#a77;,c77ii77,,iii7 of such ,act 7#g ,u4,s4,c4 #b7;a77#a77;,c77ii77,,iii77 is amended by moving the provision #b ems to the right4 7c7 ,section #b7;a77#a77;,c77iii7 of such ,act 7#g ,u4,s4,c4 #b7;a77#a77;,c77iii77 is amended by moving the provision #b ems to the right4 7d7 ,section #b7;a77#a77;,c77iv7 of such ,act 7#g ,u4,s4,c4 #b7;a77#a77;,c77iv77 is amended by striking under or and inserting under4 7e7 ,section #b7;a77#a77;,c77v7 of such ,act 7#g ,u4,s4,c4 #b7;a77#a77;,c77v77 is amended by moving the provision #b ems to the right4 7f7 ,section #b7;a77#a77;,c77v77,,vi7 of such ,act 7#g ,u4,s4,c4 #b7;a77#a77;,c77v77,,vi77 is amended by striking ,,iii and inserting 7,,iii74 7g7 ,section #b7;c77#a7 of such ,act 7#g ,u4,s4,c4 #b7;c77#a77 is amended by striking the second comma4 7h7 ,section #d7;c77#c77;,h7 of such ,act 7#g ,u4,s4,c4 #f7;c77#c77;,h77 is amended by striking state and inserting ,state4 7i7 ,section #d;c7c7 of such ,act 7#g ,u4,s4,c4 #f;c7c77 is amended to read as follows3 7c7 ,the ,commission shall issue regulations to continue to permit the trading of options on contract markets under such terms and conditions that the ,commission from time to time may prescribe4 4 7j7 ,section #d;d7b7 of such ,act 7#g ,u4,s4,c4 #f;d7b77 is amended by striking paragraph 7#b7 of this section and inserting subsection 7a77#b74 7k7 ,section #d;f7c77#c77;,a7 of such ,act 7#g ,u4,s4,c4 #f;f7c77#c77;,a77 is amended by striking the first comma4 7l7 ,section #d;f7c77#d77;,a7 of such ,act 7#g ,u4,s4,c4 #f;f7c77#d77;,a77 is amended by striking in developing and inserting ,in developing4 7m7 ,section #d;f7c77#d77;,b7 of such ,act 7#g ,u4,s4,c4 #f;f7c77#d77;,b77 is amended by striking #ahag7;a7 and inserting #ahag7;a774 7n7 ,section #e of such ,act 7#g ,u4,s4,c4 #g7 is amended by redesignating subsections 7c7 through 7e7 as subsections 7b7 through 7d71 respectively4 7o7 ,section #e;b of such ,act 7#g ,u4,s4,c4 #g;a-#a7 is amended by redesignating subsection 7k7 as subsection 7j74 7p7 ,section #e;f7b77#a7 of such ,act 7#g ,u4,s4,c4 #g;b-#a7;b77#a77 is amended by striking section #e;f and inserting this section4 7q7 ,section #f7;a7 of such ,act 7#g ,u4,s4,c4 #h7;a77 is amended by striking the the and inserting the4 7r7 ,section #h;a of such ,act 7#g ,u4,s4,c4 #ab;a7 is amended in each of paragraphs 7#b77;,e7 and 7#c77;,b7 by striking ,investors and inserting ,investor4 7s7 ,section #i7;a77#b7 of such ,act 7#g ,u4,s4,c4 #ac7;a77#b77 is amended by striking subsection #d;c and inserting section #d;c4 7t7 ,section #ab7;b77#d7 of such ,act 7#g ,u4,s4,c4 #af7;b77#d77 is amended by moving the provision #b ems to the left4 7u7 ,section #ad7;a77#b7 of such ,act 7#g ,u4,s4,c4 #ah7;a77#b77 is amended by moving the provision #b ems to the left4 7v7 ,section #ag7;b77#i77;,d7 of such ,act 7#g ,u4,s4,c4 #ba7;b77#i77;,d77 is amended by striking the semicolon and inserting a period4 7w7 ,section #ag7;b77#aj77;,c77ii7 of such ,act 7#g ,u4,s4,c4 #ba7;b77#aj77;,c77ii77 is amended by striking and at the end4 7x7 ,section #ag7;b77#aa7 of such ,act 7#g ,u4,s4,c4 #ba7;b77#aa77 is amended by striking the period and inserting a semicolon4 7y7 ,section #ag7;b77#ab7 of such ,act 7#g ,u4,s4,c4 #ba7;b77#ab77 is amended-- 7#a7 by striking 7,a72 and 7#b7 by striking the period and inserting 2 and4 7z7 ,section #ag7;b77#ac7 of such ,act 7#g ,u4,s4,c4 #ba7;b77#ac77 is amended by striking ,a and inserting a4 7aa7 ,section #ag of such ,act 7#g ,u4,s4,c4 #ba7 is amended by redesignating subsection 7q71 as added by section #bcc7e7 of ,public ,law #ig-ddd1 and subsection 7r7 as subsections 7r7 and 7s71 respectively4 7bb7 ,section #bb7;b77#c7 of such ,act 7#g ,u4,s4,c4 #be7;b77#c77 is amended by striking of registered and inserting of a registered4 7cc7 ,section #bb7;b77#d7 of such ,act 7#g ,u4,s4,c4 #be7;b77#d77 is amended by inserting a comma after entity4 #bad4 ,technical amendments to section #ad7;e7 ,section #ad7;e7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #ah7;e77 is amended-- 7#a7 by inserting 7#a7 after 7e72 7#b7 in the #ast sentence-- 7,a7 by inserting final after ,any2 7,b7 by striking hereunder and inserting under this section2 and 7,c7 by striking the appellee and inserting an appellee2 7#c7 in the #bnd sentence-- 7,a7 by striking ,such appeal and inserting ,if the order requires the petitioner to pay reparation1 or upholds a prior order requiring such a payment1 the petition for review2 7,b7 by striking appellant and inserting petitioner2 and 7,c7 by striking for the appellee1 if the appellee shall prevail and inserting as set forth below2 7#d7 in the #dth sentence1 by striking ,the and inserting ,an2 7#e7 in the #eth sentence-- 7,a7 by striking ,the and inserting ,an2 7,b7 by inserting participates in the proceedings before the ,court of ,appeals through counsel and before prevails2 and 7,c7 by striking his and inserting the appellee's2 and 7#f7 by adding after and below the end the following3 7#b7 ,in paragraph 7#a71 the term appellee means a party to a proceeding before the ,commission under this section in whose favor the ,commission ruled in an order that is the subject of a petition for review under paragraph 7#a7 and whose interests are adverse to those of the petitioner4 4 #bae4 ,technical clarifications for retail foreign currency ,section #b7;c77#b7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #b7;c77#b77 is amended-- 7#a7 in subparagraph 7,b7-- 7,a7 in clause 7i77,,ii71 by redesignating item 7ff7 as item 7ee72 7,b7 by striking 7gg7 each place it appears and inserting 7ee72 7,c7 in clause 7iii71 by striking 7ee71 or 7ff7 of clause 7i77,,ii7 of this subparagraph and inserting or 7dd7 of clause 7i77,,ii72 and 7,d7 in clause 7iv7-- 7i7 in each of subclauses 7,i7 and 7,,ii71 by striking 7ee71 or 7ff7 each place it appears and inserting or 7dd72 7ii7 in subclause 7,i77bb71 by inserting 1 or otherwise act as a commodity trading advisor with respect to any agreement1 contract1 or transaction described in clause 7i7 before the semicolon2 and 7iii7 in subclause 7,,iv77aa71 by striking 7ff7 and inserting 7dd72 7#b7 in subparagraph 7,c7-- 7,a7 by striking 7ee71 or 7ff7 each place it appears and inserting or 7dd72 and 7,b7 in clause 7iii7-- 7i7 in subclause 7,i77bb71 by inserting 1 or otherwise act as a commodity trading advisor with respect to any agreement1 contract1 or transaction described in clause 7i7 before the semicolon2 and 7ii7 in subclause 7,,iv77aa71 by striking item 7aa7 through 7ff7 and inserting items 7aa7 through 7dd72 and 7#c7 in subparagraph 7,e77ii77,i71 by inserting or 7,c77i77,i7 after 7,b77i77,i74 #baf4 ,miscellaneous swap technical corrections 7a7 ,section #f;b of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #ac;a7 is amended by inserting or section #e;h after sections #e through #e;c4 7b7 ,section #h;a of such ,act 7#g ,u4,s4,c4 #ab;a7 is amended-- 7#a7 in paragraph 7#g77;,a71 by inserting or swap contracts after contracts of sale2 and 7#b7 in paragraph 7#i71 by striking futures contract and inserting contract of sale for future delivery or swap contract each place it occurs4 7c7 ,section #ab7;f7 of such ,act 7#g ,u4,s4,c4 #af7;f77 is amended-- 7#a7 in paragraph 7#a71 by striking futures and options2 and 7#b7 in paragraph 7#b77;,a71 by striking futures and options and inserting such4 7d7 ,section #ae7;b7 of such ,act 7#g ,u4,s4,c4 #ai7;b77 is amended by striking contract market and inserting registered entity4