124 STAT. 1854 PUBLIC LAW 111–203—JULY 21, 2010 or employee’’ and inserting ‘‘any person who is, or at the time of the alleged violation or abuse was, a member or employee’’. (b) PERSON ASSOCIATED WITH A GOVERNMENT SECURITIES BROKER OR DEALER.—Section 15C(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78o–5(c)) is amended— (1) in paragraph (1)(C), by striking ‘‘any person associated, or seeking to become associated,’’ and inserting ‘‘any person who is, or at the time of the alleged misconduct was, associated or seeking to become associated’’; and (2) in paragraph (2)— (A) in subparagraph (A), by inserting ‘‘, seeking to become associated, or, at the time of the alleged misconduct, associated or seeking to become associated’’ after ‘‘any per- son associated’’; and (B) in subparagraph (B), by inserting ‘‘, seeking to become associated, or, at the time of the alleged misconduct, associated or seeking to become associated’’ after ‘‘any per- son associated’’. (c) PERSON ASSOCIATED WITH A MEMBER OF A NATIONAL SECU- RITIES EXCHANGE OR REGISTERED SECURITIES ASSOCIATION.—Sec- tion 21(a)(1) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(a)(1)) is amended, in the first sentence, by inserting ‘‘, or, as to any act or practice, or omission to act, while associated with a member, formerly associated’’ after ‘‘member or a person associated’’. (d) PARTICIPANT OF A REGISTERED CLEARING AGENCY.—Section 21(a)(1) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(a)(1)) is amended, in the first sentence, by inserting ‘‘or, as to any act or practice, or omission to act, while a participant, was a partici- pant,’’ after ‘‘in which such person is a participant,’’. (e) OFFICER OR DIRECTOR OF A SELF-REGULATORY ORGANIZA- TION.—Section 19(h)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78s(h)(4)) is amended— (1) by striking ‘‘any officer or director’’ and inserting ‘‘any person who is, or at the time of the alleged misconduct was, an officer or director’’; and (2) by striking ‘‘such officer or director’’ and inserting ‘‘such person’’. (f) OFFICER OR DIRECTOR OF AN INVESTMENT COMPANY.—Sec- tion 36(a) of the Investment Company Act of 1940 (15 U.S.C. 80a–35(a)) is amended— (1) by striking ‘‘a person serving or acting’’ and inserting ‘‘a person who is, or at the time of the alleged misconduct was, serving or acting’’; and (2) by striking ‘‘such person so serves or acts’’ and inserting ‘‘such person so serves or acts, or at the time of the alleged misconduct, so served or acted’’. (g) PERSON ASSOCIATED WITH A PUBLIC ACCOUNTING FIRM.— (1) SARBANES-OXLEY ACT OF 2002 AMENDMENT.—Section 2(a)(9) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(9)) is amended by adding at the end the following: ‘‘(C) INVESTIGATIVE AND ENFORCEMENT AUTHORITY.— For purposes of sections 3(c), 101(c), 105, and 107(c) and the rules of the Board and Commission issued thereunder, except to the extent specifically excepted by such rules, the terms defined in subparagraph (A) shall include any Applicability.
