S. 3714 – Reading Mode

110th CONGRESS

2d Session

S. 3714

IN THE SENATE OF THE UNITED STATES

November 20, 2008

Mr. Harkin introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Commodity Exchange Act to ensure that all agreements, contracts, and transactions with respect to commodities are carried out on a regulated exchange, and for other purposes.

Short title

This Act may be cited as the Derivatives Trading Integrity Act of 2008.

Regulation of certain agreements, contracts, and transactions

(a)

Definitions

Section 1a of the Commodity Exchange Act (7 U.S.C. 1a) is amended—

(1)

by striking paragraphs (10), (11), (13), (14), and (33); and

(2)

by redesignating—

(A)

paragraph (12) as paragraph (10);

(B)

paragraphs (15) through (32) as paragraphs (11) through (28), respectively; and

(C)

paragraph (34) as paragraph (29).

(b)

Exclusions

Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is amended—

(1)

by striking subsections (d), (e), (g), (h), and (i); and

(2)

by redesignating subsection (f) as subsection (d).

(c)

Restriction of futures trading to contract markets or derivatives transaction execution facilities

Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is amended—

(1)

in subsection (a), in the matter preceding paragraph (1), by striking Unless exempted by the Commission pursuant to subsection (c), it shall and inserting It shall;

(2)

by striking subsection (c); and

(3)

by redesignating subsection (d) as subsection (c).

(d)

Exempt boards of trade

Section 5d of the Commodity Exchange Act (7 U.S.C. 7a–3) is repealed.

Conforming amendments

(a)

Section 1a of the Commodity Exchange Act (7 U.S.C. 1a) (as amended by section 2(a)(2)) is amended—

(1)

in paragraph (10)(A)(x), by striking (other than an electronic trading facility with respect to a significant price discovery contract);

(2)

in paragraph (25)—

(A)

in subparagraph (C), by inserting and after the semicolon at the end;

(B)

in subparagraph (D), by striking ; and and inserting a period; and

(C)

by striking subparagraph (E); and

(3)

in paragraph (27), by striking section 2(c), 2(d), 2(f), or 2(g) of this Act and inserting subsection (c) or (d) of section 2.

(b)

Section 2(c) of the Commodity Exchange Act (7 U.S.C. 2(c)) is amended—

(1)

in paragraph (1)—

(A)

in the matter preceding subparagraph (A), by striking 5d,; and

(B)

in subparagraph (F), by striking in an excluded commodity; and

(2)

in paragraph (2)(B)(i)(II)—

(A)

in item (cc), by striking section 1a(20) of this Act each place it appears and inserting section 1a(16); and

(B)

in item (dd), by striking section 1a(12)(A)(ii) of this Act and inserting section 1a(10)(A)(ii).

(c)

Section 4a of the Commodity Exchange Act (7 U.S.C. 6a) is amended—

(1)

in subsection (a)—

(A)

in the first sentence, by striking or on electronic trading facilities with respect to a significant price discovery contract; and

(B)

in the second sentence, by striking or on an electronic trading facility with respect to a significant price discovery contract,;

(2)

in subsection (b)—

(A)

in paragraph (1), by striking or electronic trading facility with respect to a significant price discovery contract; and

(B)

in paragraph (2), in the matter preceding the proviso, by striking or electronic trading facility with respect to a significant price discovery contract; and

(3)

in subsection (e)—

(A)

in the first sentence—

(i)

in the matter preceding the proviso—

(I)

by striking or by any electronic trading facility;

(II)

by striking or on an electronic trading facility; and

(III)

by striking or electronic trading facility; and

(ii)

in the proviso, by striking or electronic trading facility; and

(B)

in the second sentence, in the matter preceding the proviso, by striking or electronic trading facility with respect to a significant price discovery contract.

(d)

Section 4g(a) of the Commodity Exchange Act (7 U.S.C. 6g(a)) is amended by striking and in any significant price discovery contract traded or executed on an electronic trading facility or.

(e)

Section 4i of the Commodity Exchange Act (7 U.S.C. 6i) is amended—

(1)

in the matter preceding paragraph (1), by striking or any significant price discovery contract traded or executed on an electronic trading facility; and

(2)

in the matter following paragraph (2), by striking or electronic trading facility.

(f)

Section 5a of the Commodity Exchange Act (7 U.S.C. 7a) is amended—

(1)

in subsection (b)(2)—

(A)

in subparagraph (D)(ii), by inserting or after the semicolon at the end;

(B)

in subparagraph (E), by striking ; or and inserting a period; and

(C)

by striking subparagraph (F); and

(2)

in subsection (g)—

(A)

in the heading, by striking Election To Trade Excluded and Exempt Commodities and inserting Excluded securities; and

(B)

in paragraph (1)—

(i)

by striking excluded or exempt commodities other than and inserting commodities other than an agricultural commodity enumerated in section 1a(4) or; and

(ii)

by striking , 2(d), or 2(g) of this Act, or exempt under section 2(h) of this Act.

(g)

Section 5b of the Commodity Exchange Act (7 U.S.C. 7a–1) is amended—

(1)

in subsection (a)(1), by striking section 2(a)(1)(C)(i), 2(c), 2(d), 2(f), or 2(g) of this Act or title IV of the Commodity Futures Modernization Act of 2000, or exempted under section 2(h) or 4(c) of this Act and inserting subsection (a)(1)(C)(i), (c), or (d) of section 2 or title IV of the Commodity Futures Modernization Act of 2000 (Public Law 106–554; 114 Stat. 2763A457); and

(2)

in subsection (b), by striking section 2(c), 2(d), 2(f), or 2(g) of this Act or title IV of the Commodity Futures Modernization Act of 2000, or exempted under section 2(h) or 4(c) of this Act and inserting subsection (c) or (d) of section 2 or title IV of the Commodity Futures Modernization Act of 2000 (Public Law 106–554; 114 Stat. 2763A457).

(h)

Section 5c of the Commodity Exchange Act (7 U.S.C. 7a–2) is amended—

(1)

in subsection (a)(1), by striking and section 2(h)(7) with respect to significant price discovery contracts,;

(2)

in subsection (b)—

(A)

in paragraph (1), by striking , derivatives transaction execution facility, or electronic trading facility with respect to a significant price discovery contract and inserting or derivatives transaction execution facility; and

(B)

in paragraphs (2) and (3), by striking , derivatives transaction execution facility, or electronic trading facility each place it appears and inserting or derivatives transaction execution facility; and

(3)

in subsection (d)(1), in the matter preceding subparagraph (A), by striking or 2(h)(7)(C) with respect to a significant price discovery contract traded or executed on an electronic trading facility,.

(i)

Section 5e of the Commodity Exchange Act (7 U.S.C. 7b) is amended by striking or revocation of the right of an electronic trading facility to rely on the exemption set forth in section 2(h)(3) with respect to a significant price discovery contract,.

(j)

Section 5f(b)(1) of the Commodity Exchange Act (7 U.S.C. 7b–1(b)(1)) is amended in the matter preceding subparagraph (A), by striking section 5f and inserting this section.

(k)

Section 6(b) of the Commodity Exchange Act (7 U.S.C. 8(b)) is amended—

(1)

in the first sentence—

(A)

by striking or to revoke the right of an electronic trading facility to rely on the exemption set forth in section 2(h)(3) with respect to a significant price discovery contract,; and

(B)

by striking or electronic trading facility; and

(2)

in the second sentence, in the matter preceding the proviso, by striking or electronic trading facility.

(l)

Section 12(e) of the Commodity Exchange Act (7 U.S.C. 16(e)) is amended by striking paragraph (2) and inserting the following:

(2)

Effect

This Act supersedes and preempts the application of any State or local law that prohibits or regulates gaming or the operation of bucket shops (other than antifraud provisions of general applicability) in the case of an agreement, contract, or transaction that is excluded from this Act under—

(A)

subsection (c) or (d) of section 2; or

(B)

title IV of the Commodity Futures Modernization Act of 2000 (Public Law 106–554; 114 Stat. 2763A457).

(m)

Section 15(b) of the Commodity Exchange Act (7 U.S.C. 19(b)) is amended by striking 4(c) or.

(n)

Section 22(b)(1)(A) of the Commodity Exchange Act (7 U.S.C. 25(b)(1)(A)) is amended by striking by section 2(h)(7) or sections 5 through 5c and inserting under sections 5 through 5c.

(o)

Section 13106(b)(1) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2 note; Public Law 110–246) is amended by striking section 1a(32) and inserting section 1a.