Page:United States Statutes at Large Volume 96 Part 2.djvu/956

 96 STAT. 2318

PUBLIC LAW 97-444—JAN. 11, 1983

Commission), a United States Government security, a certificate of deposit, or a similar financisil instrument if no nonpublic information is used by such person in such transaction. With respect to such excepted transactions, the Commission shall require any Commissioner of the Commission or any employee or agent thereof who participates in any such transaction to notify the Commission thereof in accordance with such regulations as the Commission shall prescribe and the Commission shall make such information available to the public"; and (5) inserting after the words " 'decline guaranty' " each place they appear in subsection (e) the following: ", or in any transaction for the delivery of any commodity under a standardized contract commonly known to the trade as a margin account, margin contract, leverage account, or leverage contract, or under any contract, account, arrangement, scheme, or device that the Commission determines serves the same function or functions as such a standardized contract, or is marketed or managed in substantially the seime manner as such a standardized contract". REAUTHORIZATION

Appropriation authorization.

SEC. 228. Section 12(d) of the Commodity Exchange Act (7 U.S.C. 16(d)) is amended to read as follows: "(d) There are hereby authorized to be appropriated to carry out ^j^g provisions of this Act such sums as may be required for each of the fiscal years during the period beginning October 1, 1982, and ending September 30, 1986.". OFF-EXCHANGE JURISDICTION; ROLE OF STATES

7 USC 6c, 23.

SEC. 229. Section 12 of the Commodity Exchange Act (7 U.S.C. 16) is amended by adding at the end thereof the following new subsection: "(e) Nothing in this Act shall supersede or preempt— "(1) criminal prosecution under any Federal criminal statute; "(2) the application of any Federal or State statute, including any rule or regulation thereunder, to any transaction in or involving any commodity, product, right, service, or interest (A) that is not conducted on or subject to the rules of a contract market, or (B) (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, or market located outside the United States, its territories or possessions, or (C) that is not subject to regulation by the Commission under section 4c or 19 of this Act; or "(3) the application of any Federal or State statute, including any rule or regulation thereunder, to any person required to be registered or designated under this Act who shall fail or refuse to obtain such registration or designation. The Commission may refer any trginsaction or matter subject to such other Federed or State statutes to any department or agency administering such statutes for such investigation, action, or proceedings as that department or agency shall deem appropriate.".

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