Page:United States Statutes at Large Volume 114 Part 5.djvu/442

 114 STAT. 2763A-402 PUBLIC LAW 106-554—APPENDIX E "(d) PRICE DISCOVERY.— If the Commission finds that an exempt board of trade is a significant source of price discovery for transactions in the cash market for the commodity underlying any contract, agreement, or transaction traded on or through the facihties of the board of trade, the board of trade shall disseminate publicly on a daily basis trading volume, opening and closing price ranges, open interest, and other trading data as appropriate to the market. "(e) JURISDICTION.—The Commission shall have exclusive jurisdiction over any account, agreement, contract, or transaction involving a contract of sale of a commodity for future delivery, or option on such a contract or on a commodity, to the extent that the account, agreement, contract, or transaction is traded on an exempt board of trade. "(f) SUBSIDIARIES. —^A board of trade that is designated as a contract market or registered as a derivatives transaction execution facility may operate an exempt board of trade by establishing a separate subsidiary or other legal entity and otherwise satisfying the requirements of this section. "(g) An exempt board of trade that meets the requirements of subsection (b) shall not represent to any person that the board of trade is registered with, or designated, recognized, licensed, or approved by the Commission.". SEC. 115. SUSPENSION OR REVOCATION OF DESIGNATION AS CON- TRACT MARKET. Section 5e of the Commodity Exchange Act (7 U.S.C. 7b) (as redesignated by section 20(1)) is amended to read as follows: " SEC. 5e. SUSPENSION OR REVOCATION OF DESIGNATION AS REG- ISTERED ENTITY. "The failure of a registered entity to comply with any provision of this Act, or any regulation or order of the Commission under this Act, shall be cause for the suspension of the registered entity for a period not to exceed 180 days, or revocation of designation as a registered entity in accordance with the procedures and subject to the judicial review provided in section 6(b).". SEC. 116. AUTHORIZATION OF APPROPRIATIONS. Section 12(d) of the Commodity Exchange Act (7 U.S.C. 16(d)) is amended by striking "2000" and inserting "2005". SEC. 117. PREEMPTION. Section 12 of the Commodity Exchange Act (7 U.S.C. 16(e)) is amended by striking subsection (e) and inserting the following: "(e) RELATION TO OTHER LAW, DEPARTMENTS, OR AGENCIES.— "(1) Nothing in this Act shall supersede or preempt— "(A) criminal prosecution under any Federal criminal statute; "(B) the application of any Federal or State statute (except as provided in paragraph (2)), including any rule or regulation thereunder, to any transaction in or involving any commodity, product, right, service, or interest— "(i) that is not conducted on or subject to the rules of a registered entity or exempt board of trade; "(ii) (except as otherwise specified by the- Commission by rule or regulation) that is not conducted on or subject to the rules of any board of trade, exchange,

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