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of such order, shall knowingly fail or refuse to obey or comply with such order, such person, upon conviction thereof, shall be fined not more than the higher of $140,000 or triple the monetary gain to such person, or imprisoned for not more than 1 year, or both, except that if such knowing failure or refusal to obey or comply with such order involves any offense within subsection (a) or (b) of section 9, such person, upon conviction thereof, shall be subject to the penalties of said subsection (a) or (b): Provided, That any such cease and desist order under this subsection against any respondent in any case of manipulation shall be issued only in conjunction with an order issued against such respondent under subsection (c).’’. (c) MANIPULATIONS; PRIVATE RIGHTS OF ACTION.—Section 22(a)(1) of the Commodity Exchange Act (7 U.S.C. 25(a)(1)) is amended by striking subparagraph (D) and inserting the following: ‘‘(D) who purchased or sold a contract referred to in subparagraph (B) hereof or swap if the violation constitutes— ‘‘(i) the use or employment of, or an attempt to use or employ, in connection with a swap, or a contract of sale of a commodity, in interstate commerce, or for future delivery on or subject to the rules of any registered entity, any manipulative device or contrivance in contravention of such rules and regulations as the Commission shall promulgate by not later than 1 year after the date of enactment of the Dodd-Frank Wall Street Reform and Con- sumer Protection Act; or ‘‘(ii) a manipulation of the price of any such contract or swap or the price of the commodity underlying such contract or swap.’’. 7 USC 9 note. (d) EFFECTIVE DATE.— (1) The amendments made by this section shall take effect on the date on which the final rule promulgated by the Com- modity Futures Trading Commission pursuant to this Act takes effect. (2) Paragraph (1) shall not preclude the Commission from undertaking prior to the effective date any rulemaking nec- essary to implement the amendments contained in this section.

7 USC 7a note. SEC. 754. EFFECTIVE DATE.
Unless otherwise provided in this title, the provisions of this
subtitle shall take effect on the later of 360 days after the date
of the enactment of this subtitle or, to the extent a provision
of this subtitle requires a rulemaking, not less than 60 days after
publication of the final rule or regulation implementing such provi-
sion of this subtitle.

Subtitle B—Regulation of Security-Based
Swap Markets

SEC. 761. DEFINITIONS UNDER THE SECURITIES EXCHANGE ACT OF
1934.

LAWS (a) DEFINITIONS.—Section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) is amended—PUBLIC with on anorris VerDate Nov 24 2008 12:08 Aug 19, 2010 Jkt 089139 PO 00000 Frm 00380 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL203.111 GPO1 PsN: PUBL203