Page:United States Statutes at Large Volume 124.djvu/1747

 124 STAT. 1721 PUBLIC LAW 111–203—JULY 21, 2010 ‘‘(A) to protect markets and market participants from abusive practices committed by any party, including abu- sive practices committed by a party acting as an agent for a participant; and ‘‘(B) to promote fair and equitable trading on the con- tract market. ‘‘(13) DISCIPLINARY PROCEDURES.—The board of trade shall establish and enforce disciplinary procedures that authorize the board of trade to discipline, suspend, or expel members or market participants that violate the rules of the board of trade, or similar methods for performing the same functions, including delegation of the functions to third parties. ‘‘(14) DISPUTE RESOLUTION.—The board of trade shall estab- lish and enforce rules regarding, and provide facilities for alter- native dispute resolution as appropriate for, market partici- pants and any market intermediaries. ‘‘(15) GOVERNANCE FITNESS STANDARDS.—The board of trade shall establish and enforce appropriate fitness standards for directors, members of any disciplinary committee, members of the contract market, and any other person with direct access to the facility (including any party affiliated with any person described in this paragraph). ‘‘(16) CONFLICTS OF INTEREST.—The board of trade shall establish and enforce rules— ‘‘(A) to minimize conflicts of interest in the decision- making process of the contract market; and ‘‘(B) to establish a process for resolving conflicts of interest described in subparagraph (A). ‘‘(17) COMPOSITION OF GOVERNING BOARDS OF CONTRACT MARKETS.—The governance arrangements of the board of trade shall be designed to permit consideration of the views of market participants. ‘‘(18) RECORDKEEPING.—The board of trade shall maintain records of all activities relating to the business of the contract market— ‘‘(A) in a form and manner that is acceptable to the Commission; and ‘‘(B) for a period of at least 5 years. ‘‘(19) ANTITRUST CONSIDERATIONS.—Unless necessary or appropriate to achieve the purposes of this Act, the board of trade shall not— ‘‘(A) adopt any rule or taking any action that results in any unreasonable restraint of trade; or ‘‘(B) impose any material anticompetitive burden on trading on the contract market. ‘‘(20) SYSTEM SAFEGUARDS.—The board of trade shall— ‘‘(A) establish and maintain a program of risk analysis and oversight to identify and minimize sources of oper- ational risk, through the development of appropriate con- trols and procedures, and the development of automated systems, that are reliable, secure, and have adequate scal- able capacity; ‘‘(B) establish and maintain emergency procedures, backup facilities, and a plan for disaster recovery that allow for the timely recovery and resumption of operations and the fulfillment of the responsibilities and obligations of the board of trade; and Time period.