15 USC § 8321 - Authority to define terms

---
identifier: "/us/usc/t15/s8321"
source: "usc"
legal_status: "official_prima_facie"
title: "15 USC § 8321 - Authority to define terms"
title_number: 15
title_name: "COMMERCE AND TRADE"
section_number: "8321"
section_name: "Authority to define terms"
chapter_number: 109
chapter_name: "WALL STREET TRANSPARENCY AND ACCOUNTABILITY"
subchapter_number: "I"
subchapter_name: "REGULATION OF OVER-THE-COUNTER SWAPS MARKETS"
part_number: "B"
part_name: "Regulation of Swap Markets"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 111–203, title VII, § 721(b), (c), July 21, 2010, 124 Stat. 1670.)"
---


# § 8321. Authority to define terms

**(a)** **Authority to define terms** The Commodity Futures Trading Commission may adopt a rule to define—

**(1)** the term “commercial risk”; and

**(2)** any other term included in an amendment to the Commodity Exchange Act (7 U.S.C. 1 et seq.) made by this subtitle.

**(b)** **Modification of definitions** To include transactions and entities that have been structured to evade this subtitle (or an amendment made by this subtitle), the Commodity Futures Trading Commission shall adopt a rule to further define the terms “swap”, “swap dealer”, “major swap participant”, and “eligible contract participant”.

---

**Source Credit**: (Pub. L. 111–203, title VII, § 721(b), (c), July 21, 2010, 124 Stat. 1670.)

## Editorial Notes

### References in Text

This subtitle, referred to in text, is subtitle A (§§ 711–754) of title VII of , , , which enacted this subchapter, , and sections 1b, 6b–1, 6r to 6t, 7b–3, 24a, and 26 of Title 7, Agriculture, amended sections 78f, 78, and 78s of this title, sections 1a, 2, 6 to 6b, 6c, 6d, 6m, 6q, 6s, 7 to 7b, 8 to 9a, 12, 12a, 13, 13–1, 13a–1, 13b, 15, 16, 21, 24, 25, 27 to 27b, 27e, and 27f of Title 7, , Bankruptcy, and sections 4421 and 4422 of Title 12, Banks and Banking, enacted provisions set out as notes under sections 1a, 2, 6a, 7a–1, 7a–3, and 9 of Title 7, and amended provisions set out as a note under . For complete classification of subtitle A to the Code, see Tables.

The Commodity Exchange Act, referred to in subsec. (a)(2), is , , which is classified generally to chapter 1 (§ 1 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see  and Tables.

### Codification

Section is comprised of subsecs. (b) and (c) of , which were redesignated as subsecs. (a) and (b), respectively, of this section for purposes of codification.