Page:United States Statutes at Large Volume 124.djvu/1757

 124 STAT. 1731 PUBLIC LAW 111–203—JULY 21, 2010 ‘‘(e) It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails, or of any facility of any registered entity, in or in connection with any order to make, or the making of, any contract of sale of any commodity for future delivery (or option on such a contract), or any swap, on a group or index of securities (or any interest therein or based on the value thereof)— ‘‘(1) to employ any device, scheme, or artifice to defraud; ‘‘(2) to make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; or ‘‘(3) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.’’. (2) Section 4c(a)(1) of the Commodity Exchange Act (7 U.S.C. 6c(a)(1)) is amended by inserting ‘‘or swap’’ before ‘‘if the transaction is used or may be used’’. (3) Section 6(c) of the Commodity Exchange Act (7 U.S.C. 9) is amended in the first sentence by inserting ‘‘or of any swap,’’ before ‘‘or has willfully made’’. (4) Section 6(d) of the Commodity Exchange Act (7 U.S.C. 13b) is amended in the first sentence, in the matter preceding the proviso, by inserting ‘‘or of any swap,’’ before ‘‘or otherwise is violating’’. (5) Section 6c(a) of the Commodity Exchange Act (7 U.S.C. 13a–1(a)) is amended in the matter preceding the proviso by inserting ‘‘or any swap’’ after ‘‘commodity for future delivery’’. (6) Section 9 of the Commodity Exchange Act (7 U.S.C. 13) is amended— (A) in subsection (a)— (i) in paragraph (2), by inserting ‘‘or of any swap,’’ before ‘‘or to corner’’; and (ii) in paragraph (4), by inserting ‘‘swap data repository,’’ before ‘‘or futures association’’ and (B) in subsection (e)(1)— (i) by inserting ‘‘swap data repository,’’ before ‘‘or registered futures association’’; and (ii) by inserting ‘‘, or swaps,’’ before ‘‘on the basis’’. (7) Section 9(a) of the Commodity Exchange Act (7 U.S.C. 13(a)) is amended by adding at the end the following: ‘‘(6) Any person to abuse the end user clearing exemption under section 2(h)(4), as determined by the Commission.’’. (8) Section 2(c)(2)(B) of the Commodity Exchange Act (7 U.S.C. 2(c)(2)(B)) is amended— (A) by striking ‘‘(dd),’’ each place it appears; (B) in clause (iii), by inserting ‘‘, and accounts or pooled investment vehicles described in clause (vi),’’ before ‘‘shall be subject to’’; and (C) by adding at the end the following: ‘‘(vi) This Act applies to, and the Commission 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).’’. (9) Section 2(c)(2)(C) of the Commodity Exchange Act (7 U.S.C. 2(c)(2)(C)) is amended— Applicability.