12 2 STA T . 22 0 1 PUBLIC LA W 110 – 2 46—J U NE 1 8, 2008 ‘ ‘ ,andi nan ys i g ni f i c an tpr ic e disc ov ery contract traded or e x ec u ted onane l ectronic trading facility or any agree m ent, contract, or transaction t h at is treated b y a derivatives clearing organi z ation, w hether registered or not registered, as fungible with a significant price discovery contract ’ ’ after ‘‘elsewhere’’ .( b )REPORTS O FP OS I TIO N S EQUAL TOORINE XC ESS OF T RA D IN GL I M ITS. —S ection 4 i of such A ct( 7U .S. C . 6 i) is amended— ( 1 ) by inserting ‘‘, or any significant price discovery contract traded or executed on an electronic trading facility or any agreement, contract, or transaction that is treated by a deriva - tives clearing organization, whether registered or not reg- istered, as fungible with a significant price discovery contract’’ after ‘‘sub j ect to the rules of any contract mar k et or derivatives transaction execution facility’’
and ( 2 ) in the matter following paragraph (2), by inserting ‘‘or electronic trading facility’’ after ‘‘subject to the rules of any other board of trade’’. SEC.1320 3.C ONF O RMI N GA MEN D MEN T S. (a) Section 1a(12)(A)(x) of the Commodity Exchange Act (7 U.S.C. 1a(12)(A)(x)) is amended by inserting ‘‘(other than an elec- tronic trading facility with respect to a significant price discovery contract)’’ after ‘‘registered entity’’. (b) Section 1a(2 9 ) of such Act (7 U.S.C. 1a(29)) is amended— (1) in subparagraph (C), by striking ‘‘and’’ at the end; (2) in subparagraph ( D ), by striking the period and inserting ‘‘; and’’; and ( 3 ) by adding at the end the following
‘‘(E) with respect to a contract that the Commission determines is a significant price discovery contract, any electronic trading facility on which the contract is executed or traded.’’. (c) Section 2(a)(1)(A) of such Act (7 U.S.C. 2(a)(1)(A)) is amended by inserting after ‘‘future delivery’’ the following: ‘‘(including signifi- cant price discovery contracts)’’. (d) Section 2(h)(3) of such Act (7 U.S.C. 2(h)(3)) is amended by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraphs (4) and (7)’’. (e) Section 2(h)(4) of such Act (7 U.S.C. 2(h)(4)) is amended— (1) in subparagraph ( B ), by inserting ‘‘and, for a significant price discovery contract, re q uiring large trader reporting,’’ after ‘‘proscribing fraud’’; (2) by striking ‘‘and’’ at the end of subparagraph (C); and (3) by striking subparagraph (D) and inserting the fol- lowing: ‘‘(D) such rules, regulations, and orders as the Commis- sion may issue to ensure timely compliance with any of the provisions of this Act applicable to a significant price discovery contract traded on or executed on any electronic trading facility; and ‘‘(E) such other provisions of this Act as are applicable by their terms to significant price discovery contracts or to registered entities or electronic trading facilities with respect to significant price discovery contracts.’’. (f) Section 2(h)( 5 )(B)(iii)( I ) of such Act (7 U.S.C. 2(h)(5)(B)(iii)(I)) is amended by inserting ‘‘or to make the determination described in subparagraph (B) of paragraph (7)’’ after ‘‘paragraph (4)’’. (g) Section 4a of such Act (7 U.S.C. 6a) is amended—
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