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holding or creating the information in a manner which makes it generally available to the trading public, or dis- closed in a criminal, civil, or administrative hearing, or in a congressional, administrative, or Government Account- ability Office report, hearing, audit, or investigation, and to use such information, or to impart such information with the intent to assist another person, directly or indirectly, to use such information to enter into, or offer to enter into— ‘‘(i) a contract of sale of a commodity for future delivery (or option on such a contract); ‘‘(ii) an option (other than an option executed or traded on a national securities exchange registered pursuant to section 6(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78f(a)); or ‘‘(iii) a swap, provided, however, that nothing in this subparagraph shall preclude a person that has provided information concerning, or generated by, the person, its operations or activities, to any employee or agent of any department or agency of the Federal Government, voluntarily or as required by law, from using such information to enter into, or offer to enter into, a contract of sale, option, or swap described in clauses (i), (ii), or (iii).’’.

SEC. 747. ANTIDISRUPTIVE PRACTICES AUTHORITY. Section 4c(a) of the Commodity Exchange Act (7 U.S.C. 6c(a)) (as amended by section 746) is amended by adding at the end the following: ‘‘(5) DISRUPTIVE PRACTICES.—It shall be unlawful for any person to engage in any trading, practice, or conduct on or subject to the rules of a registered entity that— ‘‘(A) violates bids or offers; ‘‘(B) demonstrates intentional or reckless disregard for the orderly execution of transactions during the closing period; or ‘‘(C) is, is of the character of, or is commonly known to the trade as, ‘spoofing’ (bidding or offering with the intent to cancel the bid or offer before execution). ‘‘(6) RULEMAKING AUTHORITY.—The Commission may make and promulgate such rules and regulations as, in the judgment of the Commission, are reasonably necessary to prohibit the trading practices described in paragraph (5) and any other trading practice that is disruptive of fair and equitable trading. ‘‘(7) USE OF SWAPS TO DEFRAUD.—It shall be unlawful for any person to enter into a swap knowing, or acting in reckless disregard of the fact, that its counterparty will use the swap as part of a device, scheme, or artifice to defraud any third party.’’.

SEC. 748. COMMODITY WHISTLEBLOWER INCENTIVES AND PROTEC- TION. The Commodity Exchange Act (7 U.S.C. 1 et seq.) is amended by adding at the end the following:

‘‘SEC. 23. COMMODITY WHISTLEBLOWER INCENTIVES AND PROTEC- 7 USC 26.

LAWS TION. ‘‘(a) DEFINITIONS.—In this section:PUBLIC with on anorris VerDate Nov 24 2008 12:08 Aug 19, 2010 Jkt 089139 PO 00000 Frm 00365 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL203.111 GPO1 PsN: PUBL203