Title 15 — Commerce and TradeRelease 119-73not60

§8308 Memorandum

Title 15 › Chapter 109— WALL STREET TRANSPARENCY AND ACCOUNTABILITY › Subchapter I— REGULATION OF OVER-THE-COUNTER SWAPS MARKETS › Part A— Regulatory Authority › § 8308

Last updated Apr 3, 2026|Official source

Summary

The Commodity Futures Trading Commission and the Federal Energy Regulatory Commission must make a written agreement within 180 days after July 21, 2010 (by Jan 17, 2011). The agreement must explain how they will use their powers together, resolve any overlap in who is in charge, and avoid conflicting or duplicate rules. They must send the agreement and any updates to the proper Congressional committees right away. By the same deadline, the two agencies must also make a written agreement to share information when either is investigating possible manipulation, fraud, or market power abuse in markets they oversee. Shared information must keep the same limits on who can see it as when the agency first held it.

Full Legal Text

Title 15, §8308

Commerce and Trade — Source: USLM XML via OLRC

(a)(1)The Commodity Futures Trading Commission and the Federal Energy Regulatory Commission shall, not later than 180 days after July 21, 2010, negotiate a memorandum of understanding to establish procedures for—

(A)applying their respective authorities in a manner so as to ensure effective and efficient regulation in the public interest;

(B)resolving conflicts concerning overlapping jurisdiction between the 2 agencies; and

(C)avoiding, to the extent possible, conflicting or duplicative regulation.

(2)Such memorandum and any subsequent amendments to the memorandum shall be promptly submitted to the appropriate committees of Congress.

(b)The Commodity Futures Trading Commission and the Federal Energy Regulatory Commission shall, not later than 180 days after July 21, 2010, negotiate a memorandum of understanding to share information that may be requested where either Commission is conducting an investigation into potential manipulation, fraud, or market power abuse in markets subject to such Commission’s regulation or oversight. Shared information shall remain subject to the same restrictions on disclosure applicable to the Commission initially holding the information.

Reference

Citations & Metadata

Citation

15 U.S.C. § 8308

Title 15 — Commerce and Trade

Last Updated

Apr 3, 2026

Release point: 119-73not60