124 STAT. 1644 PUBLIC LAW 111–203—JULY 21, 2010 date of publication of the final rule, regulation, or order, a written petition requesting that the rule, regulation, or order be set aside. (B) EXPEDITED PROCEEDING.—A proceeding described in subparagraph (A) shall be expedited by the United States Court of Appeals for the District of Columbia Circuit. (2) TRANSMITTAL OF PETITION AND RECORD.— (A) IN GENERAL.—A copy of a petition described in paragraph (1) shall be transmitted not later than 1 business day after the date of filing by the complaining Commission to the Secretary of the responding Commission. (B) DUTY OF RESPONDING COMMISSION.—On receipt of the copy of a petition described in paragraph (1), the responding Commission shall file with the United States Court of Appeals for the District of Columbia Circuit— (i) a copy of the rule, regulation, or order under review (including any documents referred to therein); and (ii) any other materials prescribed by the United States Court of Appeals for the District of Columbia Circuit. (3) STANDARD OF REVIEW.—The United States Court of Appeals for the District of Columbia Circuit shall— (A) give deference to the views of neither Commission; and (B) determine to affirm or set aside a rule, regulation, or order of the responding Commission under this sub- section, based on the determination of the court as to whether the rule, regulation, or order is in conflict with subsection (a)(7) or (b), as applicable. (4) JUDICIAL STAY.—The filing of a petition by the com- plaining Commission pursuant to paragraph (1) shall operate as a stay of the rule, regulation, or order until the date on which the determination of the United States Court of Appeals for the District of Columbia Circuit is final (including any appeal of the determination). (d) JOINT RULEMAKING.— (1) IN GENERAL.—Notwithstanding any other provision of this title and subsections (b) and (c), the Commodity Futures Trading Commission and the Securities and Exchange Commis- sion, in consultation with the Board of Governors, shall further define the terms ‘‘swap’’, ‘‘security-based swap’’, ‘‘swap dealer’’, ‘‘security-based swap dealer’’, ‘‘major swap participant’’, ‘‘major security-based swap participant’’, ‘‘eligible contract participant’’, and ‘‘security-based swap agreement’’ in section 1a(47)(A)(v) of the Commodity Exchange Act (7 U.S.C. 1a(47)(A)(v)) and section 3(a)(78) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(78)). (2) AUTHORITY OF THE COMMISSIONS.— (A) IN GENERAL.—Notwithstanding any other provision of this title, the Commodity Futures Trading Commission and the Securities and Exchange Commission, in consulta- tion with the Board of Governors, shall jointly adopt such other rules regarding such definitions as the Commodity Futures Trading Commission and the Securities and Deadline.
