; or (B) the retention by the private sector of any such credit risk in connection with the sale of any such loan or security to an enterprise. . (b) Conforming amendment to Commodity Exchange Act Paragraph (10) of section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a(10) ) is amended by adding at the end the following new subparagraph: (C) Rule of construction A swap (as such term is defined in section 1a) entered into for the purpose of transferring or sharing credit risk in connection with a risk-transfer transaction shall not be considered to be a commodity interest (as such term is defined in section 1.3(yy) of title 17, Code of Federal Regulations), and no swap counterparty or other person sponsoring or arranging a risk-transfer transaction shall be considered to be a commodity pool operator (as such term is defined in section 1.3(cc) of such title), solely by virtue of entering into or sponsoring or arranging such a swap in connection with such transaction. . (c) Conforming amendments to existing laws (1) Investment Company Act of 1940 Section 3(c)(5) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3(c)(5) ) is amended by inserting before the period the following: , including notes, bonds, other evidences of indebtedness, certificates, securities, and other interests, issued in connection with or otherwise related to a risk-transfer transaction (as such term is defined in section 1328(h) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992) . (2) Asset and income test clarification for enterprise risk-transfer transactions The Internal Revenue Code of 1986 is amended— (A) in each of paragraphs (2)(B) and (3)(B) of section 856(c) ( 26 U.S.C. 856(c) ), by inserting before the semicolon at the end the following , and gross income resulting from participation in any transaction, including notes, bonds, other evidences of indebtedness, certificates, securities, and other interests, that are risk-transfer transactions (as such term is defined in section 1328(h) of the Federal