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similar transfer or conveyance of, or extinguishing of rights or obligations under, a security-based swap, as the context may require.’’. (b) REGISTRATION OF SECURITY-BASED SWAPS.—Section 5 of the Securities Act of 1933 (15 U.S.C. 77e) is amended by adding at the end the following: ‘‘(d) Notwithstanding the provisions of section 3 or 4, unless a registration statement meeting the requirements of section 10(a) is in effect as to a security-based swap, it shall be unlawful for any person, directly or indirectly, to make use of any means or instruments of transportation or communication in interstate com- merce or of the mails to offer to sell, offer to buy or purchase or sell a security-based swap to any person who is not an eligible contract participant as defined in section 1a(18) of the Commodity Exchange Act (7 U.S.C. 1a(18)).’’.

SEC. 769. DEFINITIONS UNDER THE INVESTMENT COMPANY ACT OF
1940.
Section 2(a) of the Investment Company Act of 1940 (15 U.S.C.
80a–2) is amended by adding at the end the following:
‘‘(54) The terms ‘commodity pool’, ‘commodity pool operator’,
‘commodity trading advisor’, ‘major swap participant’, ‘swap’,
‘swap dealer’, and ‘swap execution facility’ have the same
meanings as in section 1a of the Commodity Exchange Act
(7 U.S.C. 1a).’’.

SEC. 770. DEFINITIONS UNDER THE INVESTMENT ADVISERS ACT OF
1940.
Section 202(a) of the Investment Advisers Act of 1940 (15
U.S.C. 80b–2) is amended by adding at the end the following:
‘‘(29) The terms ‘commodity pool’, ‘commodity pool operator’,
‘commodity trading advisor’, ‘major swap participant’, ‘swap’,
‘swap dealer’, and ‘swap execution facility’ have the same
meanings as in section 1a of the Commodity Exchange Act
(7 U.S.C. 1a).’’.

SEC. 771. OTHER AUTHORITY. 15 USC 8344.
Unless otherwise provided by its terms, this subtitle does not
divest any appropriate Federal banking agency, the Securities and
Exchange Commission, the Commodity Futures Trading Commis-
sion, or any other Federal or State agency, of any authority derived
from any other provision of applicable law.

SEC. 772. JURISDICTION.
(a) IN GENERAL.—Section 36 of the Securities Exchange Act
of 1934 (15 U.S.C. 78mm) is amended by adding at the end the
following:
‘‘(c) DERIVATIVES.—Unless the Commission is expressly author-
ized by any provision described in this subsection to grant exemp-
tions, the Commission shall not grant exemptions, with respect
to amendments made by subtitle B of the Wall Street Transparency
and Accountability Act of 2010, with respect to paragraphs (65),
(66), (68), (69), (70), (71), (72), (73), (74), (75), (76), and (79) of
section 3(a), and sections 10B(a), 10B(b), 10B(c), 13A, 15F, 17A(g),

LAWS 17A(h), 17A(i), 17A(j), 17A(k), and 17A(l); provided that the Commis- sion shall have exemptive authority under this title with respect to security-based swaps as to the same matters that the CommodityPUBLIC with on anorris VerDate Nov 24 2008 00:49 Aug 26, 2010 Jkt 089139 PO 00203 Frm 00427 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL203.111 GPO1 PsN: PUBL203