SEC/CFTC AGREEMENT
The Commodity Futures Trading Commission should, as part of its international activities, continue to coordinate with foreign regulatory authorities, to participate in international regulatory organizations and forums, and to provide technical assistance to foreign government authorities, in order to encourage—
(1) the facilitation of cross-border transactions through the removal or lessening of any unnecessary legal or practical obstacles;
(2) the development of internationally accepted regulatory standards of best practice;
(3) the enhancement of international supervisory cooperation and emergency procedures;
(4) the strengthening of international cooperation for customer and market protection; and
(5) improvements in the quality and timeliness of international information sharing.
TITLE II—SECURITIES ACTS
AMENDMENTS
Subtitle A—Amendments
SEC. 201. DEFINITIONS UNDER THE SECURITIES
EXCHANGE ACT OF 1934.
Section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) is amended—
(1) in paragraph (10), by inserting "security
future," after "treasury stock,";
(2) by striking paragraph (11) and inserting
the following:
"(11) The term 'equity security' means any stock or similar security; or any security future; or any security convertible, with or without consideration, into such a security, or carrying any warrant or right to subscribe to or purchase such a security; or any such warrant or right; or any put, call, straddle, option, or privilege on any such security; or any other security which the Commission shall deem to be of similar nature and consider necessary or appropriate, by such rules and regulations as it may prescribe in the public interest or for the protection of investors, to treat as an equity security.";
(3) in paragraph (13), by adding at the end the following: "For security futures products, such term includes any contract, agreement, or transaction for future delivery.";
(4) in paragraph (14), by adding at the end the following: "For security futures products, such term includes any contract, agreement, or transaction for future
delivery."; and
(5) by adding at the end the following:
"(55)(A) The term 'security future' means a contract of sale for future delivery of a single security or of a narrow-based security index, including any interest therein or based on the value thereof, except an exempted security under section 3(a)(12) of the Securities Exchange Act of 1934 as in effect on the date of enactment of the Futures Trading Act of 1982 (other than any municipal security as defined in section 3(a)(29) as in effect on the date of enactment of the Futures Trading Act of 1982). The term 'security future' does not include any agreement, contract, or transaction excluded under subsection (c), (d), or (f) of section 2 of the Commodity Exchange Act as in effect on the date of enactment of the Commodity Futures Modernization Act of 2000.
"(B)(1) The term "narrow-based security index" means an index—
"(a) that has 9 or fewer component securities;
"(b) in which a component security comprises more than 30% of the index's weighting;
"(c) in which the 5 highest weighted component securities in the aggregate comprise more than 60% of the index's weighting; or
"(d) in which any one or combination of securities, in the aggregate, has a dollar value of average daily trading volume of less than $50 million (or in the case of an index with 15 or more component securities, $30 million) and has an aggregate index weight in excess of 25%.
"(2) Notwithstanding clause (1) of this subparagraph, an index is not a narrow-based security index if:
"(a)(i) it has at least 9 component securities;
"(ii) no component security comprises more than 30% of the index's weighting; and
"(iii) each component security is:
"(I) registered pursuant to section 12 of this title;
"(II) one of 750 securities with the largest market capitalization; and
"(III) one of 675 securities with the largest dollar value of average daily trading volume;
"(b) it is a contract of sale for future delivery with respect to which a board of trade was designated as a contract market by the Commodity Futures Trading Commission prior to the date of enactment of the Commodity Futures Modernization Act of 2000; or
"(c)(i) it traded on a designated contract market for at least 30 days as a contract of sale for future delivery that was not a narrow-based security index; and
"(ii) it has been a narrow-based security index for no more than 45 business days over three consecutive calendar months.
"(3) An index that is a narrow-based security index solely because it was a narrow-based security index for more than 45 business days over three consecutive calendar months pursuant to subclause (c) of clause (2) of this subparagraph shall not be a narrow-based security index for the 3 following calendar months.
"(4) For purposes of clauses (1) and (2) of this subparagraph, the dollar value of average daily trading volume and the market capitalization shall be calculated as of the preceding six full calendar months.
"(5) For purposes of clauses (1) and (2) of this subparagraph, the Commission and the Commodity Futures Trading Commission shall, by rule, regulation or order, jointly specify the method to be used to determine market capitalization and dollar value of average daily trading volume.
"(C) The term 'security futures product' means a security future or any put, call, straddle, option, or privilege on any security future.
"(56)(A) The term 'margin', when used with respect to a security futures product, means the amount, type, and form of collateral required to secure any extension or maintenance of credit, or the amount, type, and form of collateral required as a performance bond related to the purchase, sale, or carrying of a security futures product, and all other uses of collateral related to the purchasing, selling, or carrying of a security futures product.
"(B) The terms 'margin level' and 'level of margin', when used with respect to a security futures product, mean the amount of margin required to secure any extension or maintenance of credit, or the amount of margin required as a performance bond related to the purchase, sale, or carrying of a security futures product.
"(C) The terms 'higher margin level' and 'higher level of margin', when used with respect to a security futures product, mean a margin level established by a national securities exchange registered pursuant to section 6(g) that is higher than the minimum amount jointly established by the Commission and the Commodity Futures Trading Commission pursuant to section 7(c)(2)(B).".
SEC. 202. REGULATORY RELIEF FOR MARKETS
TRADING SECURITY FUTURES PRODUCTS.
(a) EXPEDITED REGISTRATION AND EXEMPTION.— Section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f) is amended by adding at the end the following:
"(g) NOTICE REGISTRATION OF SECURITY FUTURES PRODUCT EXCHANGES.—
"(1) REGISTRATION REQUIRED.—An exchange that lists or trades security futures products may be registered as a national securities exchange solely for the purposes of trading security futures products if—
"(A) the exchange is a board of trade, as that term is defined by the Commodity Exchange Act (7 U.S.C. 1a(1)), that has been designated a contract market by the Commodity Futures Trading Commission and such designation is not suspended by order of the Commodity Futures Trading Commission; and
"(B) such exchange does not serve as a market place for transactions in securities other than—
"(i) security futures products; or
"(ii) futures on exempted securities or groups or indexes of securities or options thereon that have been authorized under section 2(a)(1)(C) of the Commodity Exchange Act by Commodity Futures Trading Commission order.
"(2) REGISTRATION BY NOTICE FILING.—
"(A) FORM AND CONTENT.—An exchange required to register only because such exchange lists or trades security futures products may register for purposes of this section by filing with the Commission a written notice in such form as the Commission, by rule, may prescribe containing the rules of the exchange and such other information and documents concerning such exchange, required for national securities exchanges under section 6(a), as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors. If such exchange has filed documents with the Commodity Futures Trading Commission, to the extent that such documents contain information satisfying the Commission's informational requirements, copies of such documents may be filed with the Commission in lieu of the required written notice.
"(B) IMMEDIATE EFFECTIVENESS.—Such registration shall be effective immediately upon filing of the written notice with the Commission, except that such registration shall not be effective if such registration would be subject to suspension or revocation.
"(C) TERMINATION.—Such registration shall be terminated immediately if any of the conditions for registration set forth in this subsection are no longer satisfied.
"(3) PUBLIC AVAILABILITY.—The Commission shall make available to the public all notices it receives under this subsection.
"(4) EXEMPTION OF EXCHANGES FROM SPECIFIED PROVISIONS.—
"(A) TRANSACTION EXEMPTIONS.—An exchange that is registered under paragraph (1) of this subsection shall be exempt from, and shall not be required to enforce compliance by its members with, and its members shall not, solely with respect to those transactions effected on such exchange in security futures products, be required to comply with, the following provisions of this title and the rules thereunder:
"(i) Subsections (b)(2), (b)(3), (b)(4), (b)(7), (b)(9), (c), (d), and (e) of this section.
"(ii) Section 8
"(iii) Section 11.
"(iv) Subsections (d), (f), and (k) of section 17.
"(v) Subsections (a), (f), and (h) of section 19.
"RULE OF CONSTRUCTION.—No inference should be drawn that any section that is not enumerated on this list applies to an exchange registered pursuant to section 6(g) of this title with respect to the trading of security futures products if such section does not apply by its terms.
"(B) RULE CHANGE EXEMPTIONS.—An exchange that is subject to the registration requirement of paragraph (1) of this subsection shall also be exempt from submitting proposed rule changes pursuant to section 19(b) of this title, except that—
"(i) such exchange shall file proposed rule changes related to higher margin levels, fraud or manipulation, recordkeeping, reporting, listing standards, or decimal pricing for security futures products, sales practices for security futures products for persons who effect transactions in security futures products, or rules effectuating such exchange's obligation to enforce the securities laws pursuant to section 19(b)(7);
"(ii) such exchange shall file pursuant to sections 19(b)(1) and 19(b)(2) proposed rule changes related to margin, except for changes resulting in higher margin levels; and
"(iii) such exchange shall file pursuant to section 19(b)(1) proposed rule changes that have been abrogated by the Commission pursuant to section 19(b)(7)(C).
"(5) TRADING IN SECURITY FUTURES PROD- UCTS.—
"(A) It shall be unlawful for any person to execute or trade a security futures product until the later of—
"(i) one year after the date of enactment of the Commodity Futures Modernization Act of 2000;
"(ii) such date as the Secretary of the Treasury, in consultation with the Commission and the Commodity Futures Trading Commission certifies that the Federal income tax treatment applicable to the security futures products permitted under this title is equivalent to the Federal income tax treatment of equity options traded on a national securities exchange; or
"(iii) such date that a futures association registered under section 17 of the Commodity Exchange Act has met the requirements set forth in section 15A(k)(2) of this title.
"(B) Notwithstanding clause (ii) of subparagraph (A), execution of or trading in a security futures product may commence on January 2, 2003, except that, unless the Secretary of the Treasury, in consultation with the Commission and the Commodity Futures Trading Commission certifies that the Federal income tax treatment applicable to the security futures products permitted under this title is equivalent to the Federal income tax treatment of equity options traded on a national securities exchange, it shall be unlawful to—
"(i) list new security futures products or commence trading in new delivery months or contract series of listed security futures products after December 31, 2004; or
"(ii) execute or trade security futures products after March 4, 2005, except—
"(I) for security futures products that have a delivery date or an expiration date on or before July 1, 2005; and
"(II) to liquidate any open interest in other security futures products.
"(C) It shall be unlawful for a national securities exchange registered pursuant to section 6(g) of this title to begin trading security futures products unless the margin required for such products at the outset of trading are set at the higher of—
"(i) the amount required by the risk-based portfolio margining system employed by such exchange; and
"(ii) the margin required for comparable options contracts traded on a national securities exchange registered pursuant to section 6(a) of this title, exclusive of premium.".
(b) COMMISSION REVIEW OF PROPOSED RULE CHANGES.—
(1) EXPEDITED REVIEW.—Section 19(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78s(b)) is amended by adding at the end the following:
"(7) SECURITY FUTURES PRODUCT RULE CHANGES.—
"(A) FILING REQUIRED.—A self-regulatory organization that is an exchange registered with the Commission pursuant to section 6(g) of this title or that is a national securities association registered pursuant to section 15A(k) of this title shall file with the Commission, in accordance with such rules as the Commission may prescribe, copies of any proposed rule change or any proposed change in, addition to, or deletion from the rules of such self-regulatory organization (hereinafter in this paragraph collectively referred to as a 'proposed rule change') that relates to higher margin levels, fraud or manipulation, recordkeeping, reporting, listing standards, or decimal pricing for security futures products, sales practices for security futures products for persons who effect transactions in security futures products, or rules effectuating such self-regulatory organization's obligation to enforce the securities laws. Such proposed rule change shall be accompanied by a concise general statement of the basis and purpose of such proposed rule change. The Commission shall, upon the filing of any proposed rule change, publish notice thereof together with the terms of substance of the proposed rule change or a description of the subjects and issues involved. The Commission shall give interested persons an opportunity to submit written data, views, and arguments concerning such proposed rule change.
"(B) FILING WITH CFTC.—A proposed rule change filed with the Commission pursuant to subparagraph (A) shall be filed concurrently with the Commodity Futures Trading Commission. Such proposed rule change may take effect upon filing of a written certification with the Commodity Futures Trading Commission under section 5c(c) of the Commodity Exchange Act, upon a determination by the Commodity Futures Trading Commission that review of the proposed rule change is not necessary, or upon approval of the proposed rule change by the Commodity Futures Trading Commission.
"(C) ABROGATION OF RULE CHANGES.— Any proposed rule change of a self-regulatory organization that has taken effect pursuant to subparagraph (B) may be enforced by such self-regulatory organization to the extent such rule is not inconsistent with the provisions of this title, the rules and regulations thereunder, and applicable Federal law. At any time within 60 days of the date of the filing of a written certification with the Commodity Futures Trading Commission under section 5c(c) of the Commodity Exchange Act, the date the Commodity Futures Trading Commission determines that review of such proposed rule change is not necessary, or the date the Commodity Futures Trading Commission approves such proposed rule change, the Commission, after consultation with the Commodity Futures Trading Commission, summarily may abrogate the proposed rule change and require that the proposed rule change be refiled in accordance with the provisions of paragraph (1), if it appears to the Commission that such proposed rule change unduly burdens competition or efficiency, conflicts with the securities laws, or is inconsistent with the public interest and the protection of investors. Commission action pursuant to the preceding sentence shall not affect the validity or force of the rule change during the period it was in effect and shall not be reviewable under section 25 nor deemed to be a final agency action for purposes of section 704 of title 5, United States Code.
"(D) REVIEW OF RESUBMITTED ABRO- GATED RULES.—
"(i) PROCEEDINGS.—Within 35 days of the date of publication of notice of the filing of a proposed rule change that is abrogated in accordance with subparagraph (C) and refiled in accordance with paragraph (1), or within such longer period as the Commission may designate up to 90 days after such date if the Commission finds such longer period to be appropriate and publishes its reasons for so finding or as to which the self-regulatory organization consents, the Commission shall—
"(I) by order approve such proposed rule change; or
"(II) after consultation with the Commodity Futures Trading Commission, institute proceedings to determine whether the proposed rule change should be disapproved. Proceedings under subclause (II) shall include notice of the grounds for disapproval under consideration and opportunity for hearing and be concluded within 180 days after the date of publication of notice of the filing of the proposed rule change. At the conclusion of such proceedings, the Commission, by order, shall approve or disapprove such proposed rule change. The Commission may extend the time for conclusion of such proceedings for up to 60 days if it finds good cause for such extension and publishes its reasons for so finding or for such longer period as to which the self-regulatory organization consents.
"(ii) GROUNDS FOR APPROVAL.—The Commission shall approve a proposed rule change of a self-regulatory organization under this subparagraph if it finds that such proposed rule change does not unduly burden competition or efficiency, does not conflict with the securities laws, and is not inconsistent with the public interest or the protection of investors. The Commission shall disapprove such a proposed rule change of a self-regulatory organization if it does not make such finding. The Commission shall not approve any proposed rule change prior to the 30th day after the date of publication of notice of the filing thereof, unless the Commission finds good cause for so doing and publishes its reasons for so finding.".
(2) DECIMAL PRICING PROVISIONS.—Section 19(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78s(b)) is amended by inserting after paragraph (7), as added by paragraph (1), the following:
"(8) DECIMAL PRICING.—Not later than 9 months after the date on which trading in any security futures product commences under this title, all self-regulatory organizations listing or trading security futures products shall file proposed rule changes necessary to implement decimal pricing of security futures products.".
(3) CONSULTATION PROVISIONS.—Section 19(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78s(b)) is amended by inserting after paragraph (8), as added by paragraph (2), the following:
"(9) CONSULTATION WITH CFTC.—
"(A) CONSULTATION REQUIRED.—The Commission shall consult with and consider the views of the Commodity Futures Trading Commission prior to approving a proposed rule change filed by a national securities association registered pursuant to section 15A(a) or a national securities exchange subject to the provisions of subsection (a) that primarily concerns conduct related to transactions in security futures products, except where the Commission determines that an emergency exists requiring expeditious or summary action and publishes its reasons therefor.
"(B) RESPONSES TO CFTC COMMENTS AND FINDINGS.—If the Commodity Futures Trading Commission comments in writing to the Commission on a proposed rule that has been published for comment, the Commission shall respond in writing to such written comment before approving the proposed rule. If the Commodity Futures Trading Commission determines, and notifies the Commission, that such rule, if implemented or as applied, would—
"(i) adversely affect the liquidity or efficiency of the market for security futures products; or
"(ii) impose any burden on competition not necessary or appropriate in furtherance of the purposes of this section, the Commission shall, prior to approving the proposed rule, find that such rule is necessary and appropriate in furtherance of the purposes of this section notwithstanding the Commodity Futures Trading Commission's determination.".
(c) REVIEW OF DISCIPLINARY PROCEEDINGS.—Section 19(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78s(d)) is amended by adding at the end the following:
"(3) The provisions of this subsection shall apply to an exchange registered pursuant to section 6(g) of this title or a national securities association registered pursuant to section 15A(k) of this title only to the extent that such exchange or association imposes any final disciplinary sanction for—
"(A) a violation of the federal securities laws or the rules and regulations thereunder; or
"(B) a violation of a rule of such exchange or association, as to which a proposed change would be required to be filed under section 19 of this title, except that, to the extent that the exchange or association rule violation relates to any account, agreement, or transaction, this subsection shall apply only to the extent such violation involves a security futures product.".
SEC. 203. REGULATORY RELIEF FOR INTERMEDIARIES
TRADING SECURITY FUTURES PRODUCTS.
(a) EXPEDITED REGISTRATION AND EXEMPTIONS.—
(1) AMENDMENT.—Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)) is amended by adding at the end the following:
"(11) BROKER/DEALER REGISTRATION WITH RESPECT TO TRANSACTIONS IN SECURITY FUTURES PRODUCTS.—
"(A) NOTICE REGISTRATION.—
"(i) CONTENTS OF NOTICE.—Notwithstanding paragraphs (1) and (2), a broker or dealer required to register only because it effects transactions in security futures products on an exchange registered pursuant to section 6(g) may register for purposes of this section by filing with the Commission a written notice in such form and containing such information concerning such broker or dealer and any persons associated with such broker or dealer as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors. A broker or dealer may not register under this paragraph unless that broker or dealer is a member of a national securities association registered under section 15A(k).
"(ii) IMMEDIATE EFFECTIVENESS.—
Such registration shall be effective immediately upon filing of the written notice with the Commission, except that such registration shall not be effective if the registration would be subject to suspension or revocation under paragraph (4).
"(iii) SUSPENSION.—Such registration shall be suspended immediately if a national securities association registered pursuant to section 15A(k) of this title suspends the membership of that broker or dealer.
"(iv) TERMINATION.—Such registration shall be terminated immediately if any of the above stated conditions for registration set forth in this paragraph are no longer satisfied.
"(B) EXEMPTIONS FOR REGISTERED BRO- KERS AND DEALERS.—A broker or dealer registered pursuant to the requirements of subparagraph (A) shall be exempt from the following provisions of this title and the rules thereunder with respect to transactions in security futures products:
"(i) Section 8.
"(ii) Section 11.
"(iii) Subsections (c)(3) and (c)(5) of this section.
"(iv) Section 15B.
"(v) Section 15C.
"(vi) Subsections (d), (e), (f), (g), (h), and (i) of section 17.
"RULE OF CONSTRUCTION.—No inference should be drawn that any section that is not enumerated on this list applies to a broker or dealer registered pursuant to section 15(b)(11) of this title with respect to the trading of security futures products if such section does not apply by its terms.".
(2) CONFORMING AMENDMENT.—Section 28(e) of the Securities Exchange Act of 1934 (15 U.S.C. 78bb(e)) is amended by adding at the end the following:
"(4) The provisions of this subsection shall not apply with regard to securities that are security futures products.".
(b) FLOOR BROKERS AND FLOOR TRADERS.—Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)) is amended by inserting after paragraph (11), as added by subsection (a), the following:
"(12) EXEMPTION FOR SECURITY FUTURES PRODUCT EXCHANGE MEMBERS.—
"(A) REGISTRATION EXEMPTION.—A natural person shall be exempt from the registration requirements of this section if such person—
"(i) is a member of a designated contract market registered with the Commission as an exchange pursuant to section 6(g);
"(ii) effects transactions only in securities on the exchange of which such person is a member; and
"(iii) has no direct contact with public customers.
"(B) OTHER EXEMPTIONS.—A natural person exempt from registration pursuant to subparagraph (A) shall also be exempt from the following provisions of this title and the rules thereunder:
"(i) Section 8.
"(ii) Section 11.
"(iii) Subsections (c)(3), (c)(5), and (e) of this section.
"(iv) Section 15B.
"(v) Section 15C.
"(vi) Subsections (d), (e), (f), (g), (h), and (i) of section 17.
"RULE OF CONSTRUCTION.—No inference should be drawn that any section that is not enumerated on this list applies to a broker or dealer exempt from registration pursuant to section 15(b)(12)(A) of this title with respect to the trading of security futures products if such section does not apply by its terms.".
(c) LIMITED PURPOSE NATIONAL SECURITIES ASSOCIATION.—Section 15A of the Securities Exchange Act of 1934 (15 U.S.C. 78o–3) is amended by adding at the end the following:
"(k) LIMITED PURPOSE NATIONAL SECURITIES AS- SOCIATION.—
"(1) REGULATION OF MEMBERS WITH RESPECT TO SECURITY FUTURES PRODUCTS.—A futures association registered under section 17 of the Commodity Exchange Act shall be a registered national securities association for the limited purpose of regulating the activities of members who are registered as brokers or dealers in security futures products pursuant to section 15(b)(11).
"(2) REQUIREMENTS FOR REGISTRATION.— Such a securities association shall—
"(A) be so organized and have the capacity to carry out the purposes of the securities laws applicable to security futures products and to comply, and (subject to any rule or order of the Commission pursuant to section 19(g)(2)) to enforce compliance by its members and persons associated with its members, with the provisions of the securities laws applicable to security futures products, the rules and regulations thereunder, and its rules;
"(B) have rules that—
"(i) are designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest, including rules governing sales practices and the advertising of security futures products comparable to those of other national securities associations registered pursuant to subsection (a); and
"(ii) are not designed to regulate by virtue of any authority conferred by this title matters not related to the purposes of this title or the administration of the association;
"(C) have rules that provide that (subject to any rule or order of the Commission pursuant to section 19(g)(2)) its members and persons associated with its members shall be appropriately disciplined for violation of any provision of the securities laws applicable to security futures products, the rules or regulations thereunder, or the rules of the association, by expulsion, suspension, limitation of activities, functions, and operations, fine, censure, being suspended or barred from being associated with a member, or any other fitting sanction; and
"(D) have rules that ensure that members and natural persons associated with members meet such standards of training, experience, and competence necessary to effect transactions in security futures products and are tested for their knowledge of securities and security futures products.
"(3) EXEMPTION FROM RULE CHANGE SUBMISSION.—Such a securities association shall be exempt from submitting proposed rule changes pursuant to section 19(b) of this title, except that—
"(A) the association shall file proposed rule changes related to higher margin levels, fraud or manipulation, recordkeeping, reporting, listing standards, or decimal pricing for security futures products, sales practices for, advertising of, or standards of training, experience, competence, or other qualifications for security futures products for persons who effect transactions in security futures products, or rules effectuating the association's obligation to enforce the securities laws pursuant to section 19(b)(7);
"(B) the association shall file pursuant to sections 19(b)(1) and 19(b)(2) proposed rule changes related to margin, except for changes resulting in higher margin levels; and
"(C) the association shall file pursuant to section 19(b)(1) proposed rule changes that have been abrogated by the Commission pursuant to section 19(b)(7)(C).
"(4) OTHER EXEMPTIONS.—Such a securities association shall be exempt from and shall not be required to enforce compliance by its members, and its members shall not, solely with respect to their transactions effected in security futures products, be required to comply, with the following provisions of this title and the rules thereunder:
"(A) Section 8
"(B) Subsections (b)(1), (b)(3), (b)(4), (b)(5), (b)(8), (b)(10), (b)(11), (b)(12), (b)(13), (c), (d), (e), (f), (g), (h), and (i) of this section.
"(C) Subsections (d), (f), and (k) of section 17.
"(D) Subsections (a), (f), and (h) of section 19.
"RULE OF CONSTRUCTION.—No inference should be drawn that any section that is not enumerated on this list applies to an association that is a registered national securities association pursuant to section 15A(k) of this title with respect to the trading of security futures products if such section does not apply by its terms.".
(d) EXEMPTION UNDER THE SECURITIES INVESTOR PROTECTION ACT OF 1970.—
(1) Section 16(14) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78lll(14)) is amended by inserting "or any security future as that term is defined in section 3(a)(55)(A) of the Securities Exchange Act of 1934," after "certificate of deposit for a security,".
(2) Section 3(a)(2)(A) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78ccc(a)(2)(A)) is amended—
(A) in clause (i), by striking "and" after the semicolon;
(B) in clause (ii), by striking the period and inserting "; and";
(C) by adding at the end the following:
"(iii) persons who are registered as a broker or dealer pursuant to section 15(b)(11)(A) of the Securities Exchange Act of 1934.".
(e) OTHER PROVISION.—Section 15(i)(6)(A) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(i)(6)(A)) is amended—
(1) in clause (ii), by striking "and" after the semicolon;
(2) in clause (iii), by striking the period and inserting "; and"; and
(3) by adding at the end the following: "(iv) is not a security futures product.".
SEC. 204. SPECIAL PROVISIONS FOR INTERAGENCY CO- OPERATION.
Section 17 of the Securities Exchange Act of 1934 (15 U.S.C. 78q) is amended by striking subsection (b) and inserting the following:
"(b) RECORDS SUBJECT TO EXAMINATION.—
"(1) PROCEDURES FOR COOPERATION WITH OTHER AGENCIES.—All records of persons described in subsection (a) are subject at any time, or from time to time, to such reasonable periodic, special, or other examinations by representatives of the Commission and the appropriate regulatory agency for such persons as the Commission or the appropriate regulatory agency for such persons deems necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of this title if the Commission, prior to conducting any such examination of a—
"(A) registered clearing agency, registered transfer agent, or registered municipal securities dealer for which it is not the appropriate regulatory agency, gives notice to the appropriate regulatory agency for such clearing agency, transfer agent, or municipal securities dealer, of such proposed examination and consults with the appropriate regulatory agency concerning the feasibility and desirability of coordinating such examinations conducted by the appropriate regulatory agency with a view to avoiding unnecessary regulatory duplication or undue regulatory burdens for such clearing agency, transfer agent, or municipal securities dealer; or
"(B) broker or dealer registered pursuant to section 15(b)(11), exchange registered pursuant to section 6(g), or national securities association registered pursuant to section 15A(k) gives notice to the Commodity Futures Trading Commission of such proposed examination and consults with the Commodity Futures Trading Commission concerning the feasibility and desirability of coordinating such examination with examinations conducted by the Commodity Futures Trading Commission with a view to avoiding unnecessary regulatory duplication or undue regulatory burdens for such broker or dealer or exchange.
"(2) FURNISHING DATA AND REPORTS TO CFTC.—The Commission shall notify the Commodity Futures Trading Commission of any examination conducted of any broker or dealer registered pursuant to section 15(b)(11), exchange registered pursuant to section 6(g), or national securities association registered pursuant to section 15A(k) and, upon request, furnish to the Commodity Futures Trading Commission any examination report and data supplied to the Commission in connection with such examination.
"(3) USE OF CFTC REPORTS.—The Commission shall, to the fullest extent possible, use the reports of examinations of any broker or dealer registered pursuant to section 15(b)(11), exchange registered pursuant to section 6(g), or national securities association registered pursuant to section 15A(k) made by the Commodity Futures Trading Commission, a national securities association registered pursuant to section 15A(k), or an exchange registered pursuant to section 6(g).
"(4) RULES OF CONSTRUCTION.—
"(A) Notwithstanding any other provision of this subsection, the records of a broker or dealer registered pursuant to section 15(b)(11), an exchange registered pursuant to section 6(g), or a national securities association registered pursuant to section 15A(k) described in this subparagraph shall not be subject to routine periodic examinations by the Commission.
"(B) Any recordkeeping rules adopted under this subsection for a broker or dealer registered pursuant to section 15(b)(11), an exchange registered pursuant to section 6(g), or a national securities association registered pursuant to section 15A(k) shall be limited to records with respect to persons, accounts, agreements, and transactions involving security futures products.
"(C) Nothing in this subsection shall be construed to impair or limit (other than by the requirement of prior consultation and the requirement in subparagraph (A)) the power of the Commission under this subsection to examine any clearing agency, transfer agent, or municipal securities dealer, broker or dealer registered pursuant to section 15(b)(11), exchange registered pursuant to section 6(g), or national securities association registered pursuant to section 15A(k), or to affect in any way the power of the Commission under any other provision of this title or otherwise to inspect, examine, or investigate any clearing agency, transfer agent, or municipal securities dealer, broker or dealer registered pursuant to section 15(b)(11), exchange registered pursuant to section 6(g), or national securities association registered pursuant to section 15A(k).".
SEC. 205. MAINTENANCE OF MARKET INTEGRITY FOR
SECURITY FUTURES PRODUCTS.
(a) ADDITION OF SECURITY FUTURES PRODUCTS TO OPTION-SPECIFIC ENFORCEMENT PROVISIONS.—
(1) PROHIBITION AGAINST MANIPULATION.— Section 9(b) of the Securities Exchange Act of 1934
(15 U.S.C. 78i(b)) is amended—
(A) in paragraph (1)—
(i) by inserting "(A)" after "acquires"; and
(ii) by striking "; or" and inserting ", or (B) any security futures product on the security; or";
(B) in paragraph (2)—
(i) by inserting "(A)" after "interest in any"; and
(ii) by striking "; or" and inserting ", or (B) such security futures product; or"; and
(C) in paragraph (3)—
(i) by inserting "(A)" after "interest in any"; and
(ii) by inserting ", or (B) such security futures product" after "privilege".
(2) MANIPULATION IN OPTIONS AND OTHER DERIVATIVE PRODUCTS.—Section 9(g) of the Securities Exchange Act of 1934 (15 U.S.C. 78i(g)) is amended—
(A) by inserting "(1)" after "(g)";
(B) by inserting "other than a security futures product" after "future delivery"; and
(C) by adding at the end following:
"(2) Notwithstanding the Commodity Exchange Act, the Commission shall have the authority to regulate the
trading of any security futures product to the extent provided in the securities laws.".
(3) LIABILITY OF CONTROLLING PERSONS AND PERSONS WHO AID AND ABET VIOLATIONS.—Section 20(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78t(d)) is amended by striking "or privilege" and inserting ", privilege, or security futures product".
(4) LIABILITY TO CONTEMPORANEOUS TRADERS FOR INSIDER TRADING.—Section 21A(a)(1) of the Securities Exchange Act of 1934 (15 U.S.C. 78u– 1(a)(1)) is amended by striking "standardized options, the Commission—" and inserting "standardized options or security futures products, the Commission—".
(5) ENFORCEMENT CONSULTATION.—Section 21 of the Securities Exchange Act of 1934 (15 U.S.C. 78u) is amended by adding at the end the following:
"(i) INFORMATION TO CFTC.—The Commission shall provide the Commodity Futures Trading Commission with notice of the commencement of any proceeding and a copy of any order entered by the Commission against any broker or dealer registered pursuant to section 15(b)(11), any exchange registered pursuant to section 6(g), or any national securities association registered pursuant to section 15A(k).".
SEC. 206. SPECIAL PROVISIONS FOR THE TRADING OF
SECURITY FUTURES PRODUCTS.
(a) LISTING STANDARDS AND CONDITIONS FOR TRADING.—Section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f) is amended by inserting after subsection (g), as added by section 202, the following:
"(h) TRADING IN SECURITY FUTURES PRODUCTS.—
"(1) TRADING ON EXCHANGE OR ASSOCIATION REQUIRED.—It shall be unlawful for any person to effect transactions in security futures products that are not traded on a national securities exchange or a national securities association registered pursuant to section 15A(a).
"(2) LISTING STANDARDS REQUIRED.—Except as otherwise provided in paragraph (6), a national securities exchange or a national securities association registered pursuant to section 15A(a) may trade only security futures products that (A) conform with listing standards that such exchange or association files with the Commission under section 19(b) and (B) meet the criteria specified in section 2(a)(1)(D)(i) of the Commodity Exchange Act.
"(3) REQUIREMENTS FOR LISTING STAND-ARDS AND CONDITIONS FOR TRADING.—Such listing standards shall—
"(A) except as otherwise provided in a rule, regulation, or order issued pursuant to paragraph (4), require that any security underlying the security future, including each component security of a narrow-based security index, be registered pursuant to section 12 of this title;
"(B) require that if the security futures product is not cash settled, the market on which the security futures product is traded have arrangements in place with a registered clearing agency for the payment and delivery of the securities underlying the security futures product;
"(C) be no less restrictive than comparable listing standards for options traded on a national securities exchange or national securities association registered pursuant to section 15A(a) of this title;
"(D) except as otherwise provided in a rule, regulation, or order issued pursuant to paragraph (4), require that the security future be based upon common stock and such other equity securities as the Commission and the Commodity Futures Trading Commission jointly determine appropriate;
"(E) require that the security futures product is cleared by a clearing agency that has in place provisions for linked and coordinated clearing with other clearing agencies that clear security futures products, which permits the security futures product to be purchased on a national securities exchange or national securities association registered pursuant to section 15A(a) and offset on another national securities exchange or national securities association registered pursuant to section 15A(a);
"(F) require that only a broker or dealer subject to suitability rules comparable to those of a national securities association registered pursuant to section 15A(a) effect transactions in the security futures product;
"(G) require that the security futures product be subject to the prohibition against dual trading in section 4j of the Commodity Exchange Act (7 U.S.C. 6j) and the rules and regulations thereunder or the provisions of section 11(a) of this title and the rules and regulations thereunder, except to the extent otherwise permitted under this title and the rules and regulations thereunder;
"(H) require that trading in the security futures product not be readily susceptible to manipulation of the price of such security futures product, nor to causing or being used in the manipulation of the price of any underlying security, option on such security, or option on a group or index including such securities;
"(I) require that procedures be in place for coordinated surveillance among the market on which the security futures product is traded, any market on which any security underlying the security futures product is traded, and other markets on which any related security is traded to detect manipulation and insider trading;
"(J) require that the market on which the security futures product is traded has in place audit trails necessary or appropriate to facilitate the coordinated surveillance required in subparagraph (I);
"(K) require that the market on which the security futures product is traded has in place procedures to coordinate trading halts between such market and any market on which any security underlying the security futures product is traded and other markets on which any related security is traded; and
"(L) require that the margin requirements for a security futures product be consistent with the margin requirements for comparable option contracts traded on an exchange registered pursuant to section 6(a) of this title, except that nothing in this subparagraph shall be construed to prevent a national securities exchange or national securities association from requiring higher margin levels for a security futures product when it deems such action to be necessary or appropriate.
"(4) AUTHORITY TO MODIFY CERTAIN LISTING STANDARD REQUIREMENTS.—
"(A) The Commission and the Commodity Futures Trading Commission, by rule, regulation, or order, may jointly modify the listing standard requirements specified in subparagraph (A) or (D) of paragraph (3) to the extent such modification fosters the development of fair and orderly markets in security futures products, is necessary or appropriate in the public interest, and is consistent with the protection of investors.
"(B) AUTHORITY TO GRANT EXEMPTIONS.—The Commission and the Commodity Futures Trading Commission, by order, may jointly exempt any person from compliance with the listing standard requirement specified in subparagraph (E) of paragraph (3) to the extent such exemption fosters the development of fair and orderly markets in security futures products, is necessary or appropriate in the public interest, and is consistent with the protection of investors.
"(5) DEFERRAL OF OPTIONS ON SECURITY FUTURES TRADING.—No person shall offer to enter into, enter into, or confirm the execution of any put, call, straddle, option, or privilege on a security future, except that, after 3 years after the date of enactment of this subsection, the Commission and the Commodity Futures Trading Commission may by order jointly determine to permit trading of puts, calls, straddles, options, or privileges on any security future authorized to be traded under the provisions of this Act and the Commodity Exchange Act. Before any such determination, the Commission and the Commodity Futures Trading Commission shall conduct a study of the effect of the trading of security futures on the markets for futures contracts, securities, and options and the adequacy of protections for investors and other market participants.
"(6) DEFERRAL OF LINKED AND COORDINATED CLEARING.—
"(A) Notwithstanding paragraph (2), until the compliance date, a national securities exchange or national securities association registered pursuant to section 15A(a) may trade a security futures product that does not—
"(i) conform with any listing standard promulgated to meet the requirement specified in subparagraph (E) of paragraph (3); or
"(ii) meet the criterion specified in section 2(a)(1)(D)(i)(V) of the Commodity Exchange Act.
"(B) The Commission and the Commodity Futures Trading Commission shall jointly publish in the Federal Register a notice of the compliance date no later than 165 days before the compliance date.
"(C) For purposes of this paragraph, the term "compliance date" means the later of—
"(i) 180 days after the end of the first full calendar month period in which the average aggregate comparable share volume for all security futures products based on single equity securities traded on all national securities exchanges and any national securities associations registered pursuant to section 15A(a) equals or exceeds 10% of the average aggregate comparable share volume of options on single equity securities traded on all national securities exchanges and any national securities associations registered pursuant to section 15A(a); or
"(ii) two years after the date on which trading in any security futures product commences under this title.".
"(7) TRADING OF SECURITY FUTURES PRODUCTS ON TRADING SYSTEMS OPERATED BY BROKERS OR DEALERS.—
"(A) Three years after the date on which trading in any security futures product commences under this title, the Commission and the Commodity Futures Trading Commission shall jointly determine whether, based on their experience in overseeing the trading of such products, it is necessary or appropriate in the public interest or to remove unnecessary burdens on competition, and consistent with the protection of investors, to permit any organization, association, or group of persons that is registered as a broker or dealer pursuant to section 15(b) of this title (except paragraph (11) thereof) and that performs the functions commonly performed by an exchange, to trade security futures products.
"(B) If, pursuant to subparagraph (A), the Commission and the Commodity Futures Trading Commission determine to permit any organization, association, or group of persons that is registered as a broker or dealer pursuant to section 15(b) of this title (except paragraph (11) thereof) and that performs the functions commonly performed by an exchange, to trade security futures products, the Commission, by rule, as it deems necessary or appropriate in the public interest and for the protection of investors or to maintain fair and orderly markets, may require any organization, association, or group of persons not otherwise required to register under section 6(a) of this title to comply with any provision of this title (other than section 6(a)) or the rules or regulations thereunder which by its terms regulates or prohibits any act, practice, or course of business by a national securities exchange or a national securities association trading security futures products.".
(b) MARGIN.—Section 7 of the Securities Exchange Act of 1934 (15 U.S.C. 78g) is amended—
(1) in subsection (a), by inserting "or a security futures product" after "exempted security";
(2) in subsection (c)(1)(A), by inserting "except as provided in paragraph (2)," after "security),";
(3) by redesignating paragraph (2) of subsection (c) as paragraph (3) of such subsection; and
(4) by inserting after paragraph (1) of such subsection the following:
"(2) MARGIN REGULATIONS.—
"(A) COMPLIANCE WITH MARGIN RULES REQUIRED.—It shall be unlawful for any broker, dealer, or member of a national securities exchange to, directly or indirectly, extend or maintain credit to or for, or collect margin from any customer on, any security futures product unless such activities comply with the rules and regulations which the Commission and the Commodity Futures Trading Commission shall jointly prescribe pursuant to subparagraph (B).
"(B) CRITERIA FOR ISSUANCE OF RULES.—The Commission and the Commodity Futures Trading Commission shall jointly issue such regulations to establish margin requirements, including the establishment of levels of margin (initial and maintenance) and use of collateral for security futures products under such terms, and at such levels, as the Commission and the Commodity Futures Trading Commission jointly deem appropriate—
"(i) to preserve the financial integrity of markets trading security futures products;
"(ii) to prevent systemic risk;
"(iii) to make consistent the margin levels (initial and maintenance) and other margin requirements between security futures products and comparable options contracts traded on a national securities exchange; and
"(iv) to ensure that the margin requirements (other than levels of margin), including the type, form, and use of collateral for security futures products, are and remain consistent with the requirements established by the Federal Reserve Board, pursuant to subparagraphs (A) and (B) of paragraph (1).".
(c) INCORPORATION OF SECURITY FUTURES PRODUCTS INTO THE NATIONAL MARKET SYSTEM.—Section 11A of the Securities Exchange Act of 1934 (15 U.S.C. 78k–1) is amended by adding at the end the following:
"(e) NATIONAL MARKETS SYSTEM FOR SECURITY FUTURES PRODUCTS.—
"(1) CONSULTATION AND COOPERATION REQUIRED.—With respect to security futures products, the Commission and the Commodity Futures Trading Commission shall consult and cooperate so that, to the maximum extent practicable, their respective regulatory responsibilities may be fulfilled and the rules and regulations applicable to security futures products may foster a national market system for security futures products if the Commission and the Commodity Futures Trading Commission jointly determine that such a system would be consistent with the congressional findings in subsection (a)(1). In accordance with this objective, the Commission shall, at least 15 days prior to the issuance for public comment of any proposed rule or regulation under this section concerning security futures products, consult and request the views of the Commodity Futures Trading Commission.
"(2) APPLICATION OF RULES BY ORDER OF CFTC.—No rule adopted pursuant to this section shall be applied to any person with respect to the trading of security futures products on an exchange that is registered under section 6(g) unless the Commodity Futures Trading Commission has issued an order directing that such rule is applicable to such persons.".
(d) INCORPORATION OF SECURITY FUTURES PROD- UCTS INTO THE NATIONAL SYSTEM FOR CLEARANCE AND SETTLEMENT.—Section 17A(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78q–1(b)) is amended by adding at the end the following:
"(7)(A) A clearing agency that is regulated directly or indirectly by the Commodity Futures Trading Commission through its association with a designated contract market for security futures products that is a national securities exchange registered pursuant to section 6(g), and that would be required to register pursuant to paragraph (1) of this subsection only because it performs the functions of a clearing agency with respect to security futures products effected pursuant to the rules of the designated contract market with which such agency is associated, is exempted from the provisions of this section and the rules and regulations thereunder, except that if such a clearing agency performs the functions of a clearing agency with respect to a security futures product that is not cash settled, it must have arrangements in place with a registered clearing agency to effect the payment and delivery of the securities underlying the security futures product.
"(B) Any clearing agency that performs the functions of a clearing agency with respect to security futures products must coordinate with and develop fair and reasonable links with any and all other clearing agencies that perform the functions of a clearing agency with respect to security futures products, in order to permit, as of the compliance date (as defined in section 6(h)(6)(C)), security futures products to be purchased on a national securities exchange or national securities association registered pursuant to section 15A(a) and offset on another national securities exchange or national securities association registered pursuant to section 15A(a).".
(e) MARKET EMERGENCY POWERS AND CIRCUIT BREAKERS.—Section 12(k) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(k)) is amended—
(1) in paragraph (1), by adding at the end the following: "If the actions described in subparagraph (A) or (B) involve a security futures product, the Commission shall consult with and consider the views of the Commodity Futures Trading Commission."; and
(2) in paragraph (2)(B), by inserting after the first sentence the following: "If the actions described in subparagraph (A) involve a security futures product, the Commission shall consult with and consider the views of the Commodity Futures Trading Commission.".
(f) EXEMPTION FROM TRANSACTION FEES.—Section 31 of the Securities Exchange Act of 1934 (15 U.S.C. ___) is amended—
(1) in subsection (b), by striking "and other evidences of indebtedness" and inserting "other evidences of indebtedness, and security futures products";
(2) in subsection (c), by striking "and other evidences of indebtedness" and inserting "other evidences of indebtedness, and security futures products"; and
(3) in paragraph (1) of subsection (d), by striking "and other evidences of indebtedness" and inserting "other evidences of indebtedness, and security futures products".
(g) EXEMPTION FROM SHORT SALE PROVISIONS.—Section 10(a) of the Securities Exchange Act of 1934 (15 U.S.C. ___(a)) is amended—
(1) by inserting "(1)" after "(a)"; and
(2) by adding at the end the following:
"(2) Paragraph (1) of this subsection shall not apply to security futures products.".
(h) RULEMAKING AUTHORITY TO ADDRESS DUPLICATIVE REGULATION OF DUAL REGISTRANTS.—Section 15(c)(3) of the Securities Exchange Act of 1934 (15 U.S.C. ___(c)(3)) is amended—
(1) by inserting "(A)" after "(3)"; and
(2) by adding at the end the following:
"(B) To the extent necessary or appropriate in the public interest, to remove unnecessary burdens on competition, and consistent with the protection of investors, the Commission, in consultation with the Commodity Futures Trading Commission, shall issue such rules, regulations, or orders as are necessary to avoid duplicative or conflicting regulations applicable to any broker or dealer registered with the Commission pursuant to section 15(b) (except paragraph (11) thereof), that is also registered with the Commodity Futures Trading Commission pursuant to section 4f(a) of the Commodity Exchange Act (except paragraph (2) thereof), with respect to the application of (i) the provisions of section 8, section 15(c)(3), and section 17 of this title and the rules and regulations thereunder related to the treatment of customer funds, securities, or property, maintenance of books and records, financial reporting, or other financial responsibility rules, involving security futures products and (ii) similar provisions of the Commodity Exchange Act and rules and regulations thereunder involving security futures products.".
(i) OBLIGATION TO ADDRESS DUPLICATIVE REGULATION OF DUAL REGISTRANTS.—Section 6 of the Securities Exchange Act of 1934 (15 U.S.C. ___) is amended by inserting after subsection (h), as added by subsection (a), the following—
"(i) To the extent necessary or appropriate in the public interest, to remove unnecessary burdens on competition, and consistent with the protection of investors, each national securities exchange registered pursuant to subsection (a) of this section shall issue such rules as are necessary to avoid duplicative or conflicting rules applicable to any broker or dealer registered with the Commission pursuant to section 15(b) (except paragraph (11) thereof), that is also registered with the Commodity Futures Trading Commission pursuant to section 4f(a) of the Commodity Exchange Act (except paragraph (2) thereof), with respect to the application of (1) rules of such national securities exchange of the type specified in section 15(c)(3)(B) involving security futures products and (2) similar rules of national securities associations registered pursuant to section 15A(k) involving security futures products.".
(j) OBLIGATION TO ADDRESS DUPLICATIVE REGULATION OF DUAL REGISTRANTS.—Section 15A of the Securities Exchange Act of 1934 (15 U.S.C. ___) is amended by inserting after subsection (k), as added by section 203, the following:
"(l) To the extent necessary or appropriate in the public interest, to remove unnecessary burdens on competition, and consistent with the protection of investors, each national securities association registered pursuant to subsection (a) of this section shall issue such rules as are necessary to avoid duplicative or conflicting rules applicable to any broker or dealer registered with the Commission pursuant to section 15(b) (except paragraph (11) thereof), that is also registered with the Commodity Futures Trading Commission pursuant to section 4f(a) of the Commodity Exchange Act (except paragraph (2) thereof), with respect to the application of (1) rules of such national securities association of the type specified in section 15(c)(3)(B) involving security futures products and (2) similar rules of national securities associations registered pursuant to subsection (k) of this section involving security futures products.".
SEC. 207. CLEARANCE AND SETTLEMENT.
Section 17A of the Securities Exchange Act of 1934 (15 U.S.C. 78q–1) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by inserting after subparagraph (D) the following:
"(E) The clearance and settlement of transactions in over-the-counter derivatives through clearing agencies registered with the Commission will reduce systemic risk and provide stability to financial markets during times of market disorder."; and
(B) in paragraph (2)(A)(ii), by striking "and commodity options" and inserting "commodity options, and over-the-counter derivatives"; and
(2) in subsection (b)—
(A) in paragraph (3)(A), by inserting "and derivative agreements, contracts, and transactions" after "prompt and accurate clearance and settlement of securities transactions";
(B) in paragraph (3)(F), by inserting "and, to the extent applicable, derivative agreements, contracts, and transactions" after "designed to promote the prompt and accurate clearance and settlement of securities transactions"; and
(C) by inserting after paragraph (7), as added by section 206(d), the following:
"(8) A registered clearing agency shall be permitted to provide facilities for the clearance and settlement of any derivative agreements, contracts, or transactions that are excluded from the Commodity Exchange Act, subject to the requirements of this section and to such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of this title.".
SEC. 208. AMENDMENTS RELATING TO REGISTRATION
AND DISCLOSURE ISSUES UNDER THE SECURITIES ACT OF 1933 AND THE SECURITIES EXCHANGE ACT OF 1934.
(a) AMENDMENTS TO THE SECURITIES ACT OF 1933.—
(1) TREATMENT OF SECURITY FUTURES PROD- UCTS.—Section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b(a)) is amended—
(A) in paragraph (1), by inserting "security future," after "treasury stock,";
(B) in paragraph (3), by adding at the end the following: "Any offer or sale of a security futures product by or on behalf of the issuer of the securities underlying the security futures product, an affiliate of the issuer, or an underwriter, shall constitute a contract for sale of, sale of, offer for sale, or offer to sell the underlying securities.";
(C) by adding at the end the following:
"(16) The terms 'security future', 'narrow-based security index', and 'security futures product' have the same meanings as provided in section 3(a)(55) of the Securities Exchange Act of 1934.".
(2) EXEMPTION FROM REGISTRATION.—Section 3(a) of the Securities Act of 1933 (15 U.S.C. 77c(a)) is amended by adding at the end the following:
"(14) Any security futures product that is—
"(A) cleared by a clearing agency registered under section 17A of the Securities Exchange Act of 1934 or exempt from registration under subsection (b)(7) of such section 17A; and
"(B) traded on a national securities exchange or a national securities association registered pursuant to section 15A(a) of the Securities Exchange Act of 1934.".
(3) CONFORMING AMENDMENT.—Section 12(a)(2) of the Securities Act of 1933 (15 U.S.C. 77l(a)(2)) is amended by striking "paragraph (2)" and inserting "paragraphs (2) and (14)".
(b) AMENDMENTS TO THE SECURITIES EXCHANGE ACT OF 1934.—
(1) EXEMPTION FROM REGISTRATION.—Section 12(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(a)) is amended by adding at the end the following: "The provisions of this subsection shall not apply in respect of a security futures product traded on a national securities exchange.".
(2) EXEMPTIONS FROM REPORTING REQUIREMENT.—Section 12(g)(5) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(g)(5)) is amended by adding at the end the following: "For purposes of this subsection, a security futures product shall not be considered a class of equity security of the issuer of the securities underlying the security futures product.".
(3) TRANSACTIONS BY CORPORATE INSIDERS.— Section 16 of the Securities Exchange Act of 1934 (15 U.S.C. 78p) is amended by adding at the end the following:
"(f) TREATMENT OF TRANSACTIONS IN SECURITY FUTURES PRODUCTS.—The provisions of this section shall apply to ownership of and transactions in security futures products as if they were ownership of and transactions in the underlying equity security. The Commission may adopt such rules and regulations as it deems necessary or appropriate in the public interest to carry out the purposes of this section.".
SEC. 209. AMENDMENTS TO THE INVESTMENT COMPANY
ACT OF 1940 AND THE INVESTMENT ADVIS-
ERS ACT OF 1940.
(a) DEFINITIONS UNDER THE INVESTMENT COM- PANY ACT OF 1940 AND THE INVESTMENT ADVISERS ACT OF 1940.—
(1) Section 2(a)(36) of the Investment Company Act of 1940 (15 U.S.C. 80a–2(a)(36)) is amended by inserting "security future," after "treasury stock,".
(2) Section 202(a)(18) of the Investment Advisers Act of 1940 (15 U.S.C. 80b–2(a)(18)) is amended by inserting "security future," after "treasury stock,".
(3) Section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a–2(a)) is amended by adding at the end the following:
"(52) The terms 'security future' and 'narrow-based security index' have the same meanings as provided in section 3(a)(55) of the Securities Exchange Act of 1934.".
(4) Section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C. 80b–2(a)) is amended by adding at the end the following:
"(27) The terms 'security future' and 'narrow-based security index' have the same meanings as provided in section 3(a)(55) of the Securities Exchange Act of 1934.".
(b) OTHER PROVISION.—Section 203(b) of the Investment Advisers Act of 1940 (15 U.S.C. 80b–3(b)) is amended—
(1) by striking "or" at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and inserting "; or"; and
(3) by adding at the end the following:
"(6) any investment adviser that is registered with the Commodity Futures Trading Commission as a commodity trading advisor whose business does not consist primarily of acting as an investment adviser, as defined in section 202(a)(11) of this title, and that does not act as an investment adviser to (A) an investment company registered under title I of this Act, or (B) a company which has elected to be a business development company pursuant to section 54 of title I of this Act and has not withdrawn its election.".
SEC. 210. PREEMPTION OF STATE GAMING AND BUCKET SHOP LAWS
The last sentence of section 28(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78bb(a)) is amended—
(1) by inserting "subject to this title" after "privilege, or other security"; and
(2) by striking "any such instrument, if such instrument is traded pursuant to rules and regulations of a self-regulatory organization that are filed with the Commission pursuant to section 19(b) of this Act" and inserting "any such security".
Subtitle B—Conforming Amendments
to the Commodity Exchange Act
SEC. 221. JURISDICTION OF SECURITIES AND
EXCHANGE COMMISSION; OTHER PROVISIONS.
(a) JURISDICTION OF SECURITIES AND EXCHANGE COMMISSION.—
(1) Section 2(a)(1)(C) of the Commodity Exchange Act (7 U.S.C. ___) (as redesignated by section 122(a)(2)(C)) is amended—
(A) by striking subclause (III) of clause (ii) and inserting the following:
"(III) Such group or index of securities shall not constitute a narrow-based security index."; and
(B) by striking clause (iv) and inserting the following:
"(iv) If, in its discretion, the Commission determines that a stock index futures contract, notwithstanding its conformance with the requirements in clause (ii) of subparagraph (C), can reasonably be used as a surrogate for trading a security (including a security futures product), it may, by order, require such contract and any option thereon be traded and regulated as security futures products as defined in section 3(a)(55) of the Securities Exchange Act of 1934 and section 1a(32) of this Act subject to all rules and regulations applicable to security futures products under this Act and the securities laws as defined in section 3(a)(47) of the Securities Exchange Act of 1934."; and
(2) Section 2(a)(1) of the Commodity Exchange Act (7 U.S.C. 2, 2a, 4) is amended by adding at the end the following:
"(D)(i) Notwithstanding any other provision of this Act, the Securities and Exchange Commission shall have jurisdiction and authority over security futures as defined in section 3(a)(55) of the Securities Exchange Act of 1934, section 2(a)(16) of the Securities Act of 1933, section 2(a)(52) of the Investment Company Act of 1940, and section 202(a)(27) of the Investment Advisers Act of 1940, options on security futures, and persons effecting transactions in security futures and options thereon, and this Act shall apply to and the Commission shall have jurisdiction with respect to accounts, agreements (including any transaction which is of the character of, or is commonly known to the trade as, an 'option', 'privilege', 'indemnity', 'bid', 'offer', 'put', 'call', 'advance guaranty', or 'decline guaranty') and transactions involving, and may designate a board of trade as a contract market in, a security futures product as defined in section 1a(32) of this Act: Provided, however, That, except as provided in clauses (v) and (vii) of this subparagraph, no board of trade shall be designated as a contract market with respect to any such contracts of sale for future delivery unless the board of trade making such application demonstrates and the Commission expressly finds that the specific contract with respect to which the application has been made, or the board of trade, meets the following criteria:
"(I) Except as otherwise provided in a rule, regulation, or order issued pursuant to clause (vi) of this subparagraph, any security underlying the security future, including each component security of a narrow-based security index, is registered pursuant to section 12 of the Securities Exchange Act of 1934.
"(II) If the security futures product is not cash settled, the board of trade on which the security futures product is traded has arrangements in place with a clearing agency registered pursuant to section 17A of the Securities Exchange Act of 1934 for the payment and delivery of the securities underlying the security futures product.
"(III) The security futures product is not traded on an exempt board of trade or a designated transaction execution facility.
"(IV) Except as otherwise provided in a rule, regulation, or order issued pursuant to clause (vi) of this subparagraph, the security future is based upon common stock and such other equity securities as the Commission and the Securities and Exchange Commission jointly determine appropriate.
"(V) The security futures product is cleared by a clearing agency that has in place provisions for linked and coordinated clearing with other clearing agencies that clear security futures products, which permits the security futures product to be purchased on a designated contract market, national securities exchange registered under section 6(a) of the Securities Exchange Act of 1934, or national securities association registered pursuant to section 15A(a) of the Securities Exchange Act of 1934 and offset on another designated contract market, national securities exchange registered under section 6(a) of the Securities Exchange Act of 1934, or national securities association registered pursuant to section 15A(a) of the Securities Exchange Act of 1934.
"(VI) Only futures commission merchants, introducing brokers, commodity trading advisors, commodity pool operators or associated persons subject to suitability rules comparable to those of a national securities association registered pursuant to section 15A(a) of the Securities Exchange Act of 1934 solicit, accept any order for, or otherwise deal in any transaction in or in connection with a security futures product.
"(VII) The security futures product is subject to a prohibition against dual trading in section 4j of this Act and the rules and regulations thereunder or the provisions of section 11(a) of the Securities Exchange Act of 1934 and the rules and regulations thereunder, except to the extent otherwise permitted under the Securities Exchange Act of 1934 and the rules and regulations thereunder.
"(VIII) Trading in the security futures product is not readily susceptible to manipulation of the price of such security futures product, nor to causing or being used in the manipulation of the price of any underlying security, option on such security, or option on a group or index including such securities;
"(IX) The board of trade on which the security futures product is traded has procedures in place for coordinated surveillance among such board of trade, any market on which any security underlying the security futures product is traded, and other markets on which any related security is traded to detect manipulation and insider trading.
"(X) The board of trade on which the security futures product is traded has in place audit trails necessary or appropriate to facilitate the coordinated surveillance required in subclause (IX).
"(XI) The board of trade on which the security futures product is traded has in place procedures to coordinate trading halts between such board of trade and markets on which any security underlying the security futures product is traded and other markets on which any related security is traded.
"(XII) The margin requirements for a security futures product are consistent with the margin requirements for comparable option contracts traded on an exchange registered pursuant to section 6(a) of the Securities Exchange Act of 1934, except that nothing in this subclause shall be construed to prevent a board of trade from requiring higher margin levels for a security futures product when it deems such action to be necessary or appropriate.
"(ii) It shall be unlawful for any person to offer, to enter into, to execute, to confirm the execution of, or to conduct any office or business anywhere in the United States, its territories or possessions, for the purpose of soliciting, or accepting any order for, or otherwise dealing in, any transaction in, or in connection with, a security futures product unless—
"(I) such transaction is conducted on or subject to the rules of a board of trade which has been designated by the Commission as a contract market in such security futures product;
"(II) such contract is executed or consummated by, through, or with a member of such contract market; and
"(III) such security futures product is evidenced by a record in writing which shows the date, the parties to such security futures product and their addresses, the property covered and its price: Provided, That each contract market member shall keep such record for a period of 3 years from the date thereof, or for a longer period if the Commission so directs, which record shall at all times be open to the inspection of any representative of the Commission, the Securities and Exchange Commission or the Department of Justice.
"(iii)(I) Except as provided in subclause (II) but notwithstanding any other provision of this Act, no person shall offer to enter into, enter into, or confirm the execution of any option on a security future.
"(II) After 3 years after the date of enactment of the Commodity Futures Modernization Act of 2000, the Commission and the Securities and Exchange Commission may by order jointly determine to permit trading of options on any security future authorized to be traded under the provisions of this Act and the Securities Exchange Act of 1934. Before any such determination, the Commission and the Securities and Exchange Commission shall conduct a study of the effect of the trading of security futures on the markets for futures contracts, securities, and options and the adequacy of protections for investors and other market participants.
"(iv)(I) All records of a futures commission merchant or introducing broker registered pursuant to section 4f(a)(2), floor broker or floor trader exempt from registration pursuant to section 4f(a)(3), associated person exempt from registration pursuant to section 4k(6), or board of trade designated as a contract market in a security futures product pursuant to section 5f shall be subject at any time, or from time to time, to such reasonable special or other examinations by representatives of the Commission as the Commission deems necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of this title: Provided, That the Commission, prior to conducting any such examination, gives notice to the Securities and Exchange Commission of such proposed examination and consults with the Securities and Exchange Commission concerning the feasibility and desirability of coordinating such examination with examinations conducted by the Securities and Exchange Commission with a view to avoiding unnecessary regulatory duplication or undue regulatory burdens for such registrant or board of trade.
"(II) The Commission shall notify the Securities and Exchange Commission of any examination conducted of any futures commission merchant or introducing broker registered pursuant to section 4f(a)(2), floor broker or floor trader exempt from registration pursuant to section 4f(a)(3), associated person exempt from registration pursuant to section 4k(6), or board of trade designated as a contract market in a security futures product pursuant to section 5f, and, upon request, furnish to the Securities and Exchange Commission any examination report and data supplied to the Commission in connection with such examination.
"(III) The Commission shall, to the fullest extent possible, use the reports of examinations of any futures commission merchant or introducing broker registered pursuant to section 4f(a)(2), floor broker or floor trader exempt from registration pursuant to section 4f(a)(3), associated person exempt from registration pursuant to section 4k(6), or board of trade designated as a contract market in a security futures product pursuant to section 5f made by the Securities and Exchange Commission, a national securities association registered pursuant to section 15A(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78o–3(a)), or a national securities exchange registered pursuant to section 6(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78f(a)).
"(IV) RULES OF CONSTRUCTION.—
"(A) Any records required under this subsection for a futures commission merchant or introducing broker registered pursuant to section 4f(a)(2), floor broker or floor trader exempt from registration pursuant to section 4f(a)(3), associated person exempt from registration pursuant to section 4k(6), or board of trade designated as a contract market in a security futures product pursuant to section 5f, shall be limited to records with respect to accounts, agreements, and transactions involving security futures products.
"(B) Nothing in this subsection shall be construed to impair or limit (other than by the requirement of prior consultation) the power of the Commission under this subsection to examine any futures commission merchant or introducing broker registered pursuant to section 4f(a)(2), floor broker or floor trader exempt from registration pursuant to section 4f(a)(3), associated person exempt from registration pursuant to section 4k(6), or board of trade designated as a contract market in a security futures product pursuant to section 5f, or to affect in any way the power of the Commission under any other provision of this Act.
"(v) A board of trade designated as a contract market pursuant to section 5f shall be designated as a contract market with respect to a security futures product by providing to the Commission a written certification that the specific contract with respect to which the application has been made, or the board of trade, meets the criteria specified in subclauses (I) through (XII) of clause (i) of this subparagraph, except as otherwise provided in clause (vii) of this subparagraph.
"(vi)(I) The Commission and the Securities and Exchange Commission, by rule, regulation, or order, may jointly modify the criteria specified in subclause (I) or (IV) of clause (i) of this subparagraph to the extent such modification fosters the development of fair and orderly markets in security futures products, is necessary or appropriate in the public interest, and is consistent with the protection of investors.
"(II) The Commission and the Securities and Exchange Commission, by order, may jointly exempt any person from compliance with the criterion specified in subclause (V) of clause (i) of this subparagraph to the extent such exemption fosters the development of fair and orderly markets in security futures products, is necessary or appropriate in the public interest, and is consistent with the protection of investors.
"(vii)(I) Notwithstanding clauses (i) and (v) of this subparagraph, until the compliance date, a board of trade shall not be required to meet the criterion specified in subclause (V) of clause (i) of this subparagraph to be designated as a contract market in a security futures product.
"(II) The Commission and the Securities and Exchange Commission shall jointly publish in the Federal Register a notice of the compliance date no later than 165 days before the compliance date.
"(III) For purposes of this clause, the term "compliance date" means the later of—
"(A) 180 days after the end of the first full calendar month period in which the average aggregate comparable share volume for all security futures products based on single equity securities traded on all designated contract markets equals or exceeds 10% of the average aggregate comparable share volume of options on single equity securities traded on all national securities exchanges registered pursuant to section 6(a) of the Securities Exchange Act of 1934 and any national securities associations registered pursuant to section 15A(a) of the Securities Exchange Act of 1934; or
"(B) two years after the date on which trading in any security futures product commences under this Act.".
"(viii)(I) Three years after the date on which trading in any security futures product commences under this title, the Commission and the Securities and Exchange Commission shall jointly determine whether, based on their experience in overseeing the trading of such products, it is necessary or appropriate in the public interest or to remove unnecessary burdens on competition, and consistent with the protection of investors, to permit any organization, association, or group of persons that is registered as a broker or dealer pursuant to section 15(b) of the Securities Exchange Act of 1934 (except paragraph (11) thereof) and that performs the functions commonly performed by an exchange (as defined in section 3(a)(1) of such Act), to trade security futures products.
"(II) If, pursuant to subclause (I), the Commission and the Securities and Exchange Commission determine to permit any organization, association, or group of persons that is registered as a broker or dealer pursuant to section 15(b) of the Securities Exchange Act of 1934 (except paragraph (11) thereof) and that performs the functions commonly performed by an exchange (as defined in section 3(a)(1) of such Act), to trade security futures products, any such organization, association, or group of persons shall be deemed a national securities exchange for purposes of section 5f of this Act (and such other provisions of this Act as the Commission, by rule, deems necessary or appropriate in the public interest and for the protection of investors or to maintain fair and orderly markets), and the Commission, by rule, as it deems necessary or appropriate in the public interest and for the protection of investors or to maintain fair and orderly markets, may exempt any such organization, association, or group of persons from any provision of this Act or rule or regulation thereunder.".
(b) MARGIN ON SECURITY FUTURES.—Section 2(a)(1)(C)(vi) of the Commodity Exchange Act (7 U.S.C. 2a(vi)) (as redesignated by section 122) is amended—
(1) by redesignating subclause (V) as subclause (VI); and
(2) by striking "(vi)(I)" and all that follows through subclause (IV) and inserting the following:
"(vi)(I) Notwithstanding any other provision of this Act, any contract market in a stock index futures contract (or option thereon), other than a security futures product, shall file with the Board of Governors of the Federal Reserve System any rule establishing or changing the levels of margin (initial and maintenance) for such stock index futures contract (or option thereon), other than security futures products.
"(II) The Board may at any time request any contract market to set the margin for any stock index futures contract (or option thereon), other than for any security futures product, at such levels as the Board in its judgment determines are appropriate to preserve the financial integrity of the contract market or its clearing system or to prevent systemic risk. If the contract market fails to do so within the time specified by the Board in its request, the Board may direct the contract market to alter or supplement the rules of the contract market as specified in the request.
"(III) Subject to such conditions as the Board may determine, the Board may delegate any or all of its authority, relating to margin for any stock index futures contract (or option thereon), other than security futures products, under this clause to the Commission.
"(IV) REGULATIONS.—It shall be unlawful for any futures commission merchant to, directly or indirectly, extend or maintain credit to or for, or collect margin from any customer on any security futures product unless such activities comply with the rules and regulations which the Commission and the Securities and Exchange Commission shall jointly prescribe pursuant to section 7(c)(2)(B) of the Securities Exchange Act of 1934.
"(V) Nothing in this clause shall supersede or limit the authority granted to the Commission in section 8a(9) to direct a contract market, on finding an emergency to exist, to raise temporary margin levels on any futures contract, or option on the contract covered by this clause, or on any security futures product.".
(c) DUAL TRADING.—The Commodity Exchange Act (7 U.S.C. ___) is amended by striking section 4j and inserting the following:
"SEC. 4j. RESTRICTIONS ON DUAL TRADING IN SECURITY FUTURES PRODUCTS ON DESIGNATED CONTRACT MARKETS.
"(a) The Commission shall issue regulations to prohibit the privilege of dual trading in security futures products on each contract market. The regulations issued by the Commission under this section—
"(1) shall provide that the prohibition of dual trading thereunder shall take effect upon issuance of the regulations; and
"(2) shall provide exceptions, as the Commission determines appropriate, to ensure fairness and orderly trading in security futuress product markets, including—
"(A) exceptions for spread transactions and the correction of trading errors;
"(B) allowance for a customer to designate in writing not less than once annually a named floor broker to execute orders for such customer, notwithstanding the regulations to prohibit the privilege of dual trading required under this section; and
"(C) other measures reasonably designed to accommodate unique or special characteristics of individual boards of trade or contract markets, to address emergency or unusual market conditions, or otherwise to that further the public interest consistent with the purposes of this section.
"(b) As used in this section, the term 'dual trading' means the execution of customer orders by a floor broker during the same trading session in which the floor broker executes any trade in the same contract market for—
"(1) the account of such floor broker;
"(2) an account for which such floor broker has trading discretion; or
"(3) an account controlled by a person with whom such floor broker has a relationship through membership in a broker association.
"(c) As used in this section, the term 'broker association' shall include two or more contract market members with floor trading privileges of whom at least one is acting as a floor broker, who—
"(1) engage in floor brokerage activity on behalf of the same employer,
"(2) have an employer and employee relationship which relates to floor brokerage activity,
"(3) share profits and losses associated with their brokerage or trading activity, or
"(4) regularly share a deck of orders.".
(d) EXEMPTION FROM REGISTRATION FOR INVESTMENT ADVISERS.—Section 4m of the Commodity Exchange Act (7 U.S.C. ___) is amended by adding at the end the following:
"(3) The provisions of subsection (1) of this section shall not apply to any commodity trading advisor that is registered with the Securities and Exchange Commission as an investment adviser whose business does not consist primarily of acting as a commodity trading advisor, as defined in section 1a(5) of this Act, and that does not act as a commodity trading advisor to any investment trust, syndicate, or similar form of enterprise that is engaged primarily in trading in any commodity for future delivery on or subject to the rules of any contract market.".
(e) EXEMPTION FROM INVESTIGATIONS OF MARKETS IN UNDERLYING SECURITIES.—Section 16 of the Commodity Exchange Act (7 U.S.C. ___) is amended by adding at the end the following:
"(e) The provisions of this section shall not apply to investigations involving any security underlying a security futures product.".
(f) RULEMAKING AUTHORITY TO ADDRESS DUPLICATIVE REGULATION OF DUAL REGISTRANTS.—Section 4d of the Commodity Exchange Act (7 U.S.C. ___) is amended by adding at the end the following:
"(3) To the extent necessary or appropriate in the public interest, to remove unnecessary burdens on competition, and consistent with the protection of investors, the Commission, in consultation with the Securities and Exchange Commission, shall issue such rules, regulations, or orders as are necessary to avoid duplicative or conflicting regulations applicable to any futures commission merchant registered with the Commission pursuant to section 4f(a) (except paragraph (2) thereof), that is also registered with the Securities and Exchange Commission pursuant to section 15(b) of the Securities Exchange Act (except paragraph (11) thereof), involving the application of (A) section 8, section 15(c)(3), and section 17 of the Securities Exchange Act of 1934 and the rules and regulations thereunder related to the treatment of customer funds, securities, or property, maintenance of books and records, financial reporting or other financial responsibility rules (as defined in section 3(a)(40) of the Securities Exchange Act of 1934), involving security futures products and (B) similar provisions of this Act and the rules and regulations thereunder involving security futures products.".
(g) OBLIGATION TO ADDRESS DUPLICATIVE REGULATION OF DUAL REGISTRANTS.—Section 17 of the Commodity Exchange Act (7 U.S.C. ___) is amended by adding at the end the following—
"(r) To the extent necessary or appropriate in the public interest, to remove unnecessary burdens on competition, and consistent with the protection of investors, each futures association registered under this section shall issue such rules as are necessary to avoid duplicative or conflicting rules applicable to any futures commission merchant registered with the Commission pursuant to section 4f(a) (except paragraph (2) thereof), that is also registered with the Securities and Exchange Commission pursuant to section 15(b) of the Securities Exchange Act (except paragraph (11) thereof), with respect to the application of (1) rules of such futures association of the type specified in section 4d(3) involving security futures products and (2) similar rules of national securities associations registered pursuant to section 15A(a) of the Securities and Exchange Act of 1934 involving security futures products.".
SEC. 222. APPLICATION OF THE COMMODITY EXCHANGE
ACT TO NATIONAL SECURITIES EXCHANGES AND NATIONAL SECURITIES ASSOCIATIONS THAT TRADE SECURITY FUTURES.
(a) NOTICE DESIGNATION OF NATIONAL SECURITIES EXCHANGES AND NATIONAL SECURITIES ASSOCIATIONS.—The Commodity Exchange Act is amended by inserting after section 5e (7 U.S.C. 7b), as amended by section 115, the following:
"SEC. 5f. DESIGNATION OF SECURITIES EXCHANGES
AND ASSOCIATIONS AS CONTRACT MARKETS.
"(a) Any board of trade that is registered with the Securities and Exchange Commission as a national securities exchange or is a national securities association registered pursuant to section 15A(a) of the Securities Exchange Act of 1934 shall be a designated contract market in security futures products if—
"(1) such national securities exchange or national securities association lists or trades no other contracts of sale for future delivery, except for security futures products;
"(2) such national securities exchange or national securities association files written notice with the Commission in such form as the Commission, by rule, may prescribe containing such information as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of customers; and
"(3) the registration of such national securities exchange or national securities association is not suspended pursuant to an order by the Securities and Exchange Commission.
Such designation shall be effective immediately upon filing of the written notice with the Commission.
"(b)(1) A national securities exchange or national securities association that is designated as a contract market pursuant to section 5f of this Act shall be exempt from the following provisions of this Act and the rules thereunder:
"(A) Subsections (c), (e), and (g) of section 4c.
"(B) Section 4j.
"(C) Section 5.
"(D) Section 5c.
"(E) Section 6a.
"(F) Section 8(d).
"(G) Section 8e.
"(H) Section 9(f).
"(I) Section 16.
"(2)(A) Except as provided in subparagraph (B), but notwithstanding any other provision of this Act, the Commission, by rule, regulation, or order, may conditionally or unconditionally exempt any designated contract market in security futures subject to the designation requirement of this section from any provision of this Act or of any rule or regulation thereunder, to the extent such exemption is necessary or appropriate in the public interest and is consistent with the protection of investors.
"(B) The Commission shall, by rule or regulation, determine the procedures under which an exemptive order under this section is granted and may, in its sole discretion, decline to entertain any application for an order of exemption under this section.".
(b) NOTICE REGISTRATION OF CERTAIN SECURITIES BROKER-DEALERS; EXEMPTION FROM REGISTRATION FOR CERTAIN SECURITIES BROKER-DEALERS.—Section 4f(a) of the Commodity Exchange Act (7 U.S.C. 6f(a)) is amended—
(1) by inserting "(1)" after "(a)"; and
(2) by adding at the end the following:
"(2) Notwithstanding paragraph (1), and except as provided in paragraph (3), any broker or dealer that is registered with the Securities and Exchange Commission shall be registered as a futures commission merchant or introducing broker, as applicable, if—
"(A) such broker or dealer limits its solicitation of orders, acceptance of orders, or execution of orders, or placing of orders on behalf of others involving any contracts of sale of any commodity for future delivery, on or subject to the rules of any contract market to security futures products;
"(B) such broker or dealer files written notice with the Commission in such form as the Commission, by rule, may prescribe containing such information as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors;
"(C) the registration of such broker or dealer is not suspended pursuant to an order of the Securities and Exchange Commission; and
"(D) such broker or dealer is a member of a national securities association registered pursuant to section 15A(a) of the Securities Exchange Act of 1934.
Such registration shall be effective immediately upon filing of the written notice with the Commission.
"(3) A floor broker or floor trader shall be exempt from the registration requirements of section 4e and paragraph (1) of this subsection if—
"(A) such floor broker or floor trader is a broker or dealer registered with the Securities and Exchange Commission;
"(B) such floor broker or floor trader limits its solicitation of orders, acceptance of orders, or execution of orders, or placing of orders on behalf of others involving any contracts of sale of any commodity for future delivery, on or subject to the rules of any contract market to security futures products; and
"(C) the registration of such floor broker or floor trader is not suspended pursuant to an order of the Securities and Exchange Commission.".
(c) EXEMPTION FOR SECURITIES BROKER-DEALERS FROM CERTAIN PROVISIONS OF THE COMMODITY EXCHANGE ACT.—Section 4f(a) of the Commodity Exchange Act (7 U.S.C. 6f(a)) is amended by inserting after paragraph (3), as added by subsection (b), the following:
"(4)(A) A broker or dealer that is registered as a futures commission merchant or introducing broker pursuant to paragraph (2), or that is a floor broker or floor trader exempt from registration pursuant to paragraph (3), shall be exempt from the following provisions of this Act and the rules thereunder:
"(i) Subsections (b), (d), (e), and (g) of section 4c.
"(ii) Sections 4d, 4e, and 4h.
"(iii) Subsections (b) and (c) of this section.
"(iv) Section 4j.
"(v) Section 4k(1).
"(vi) Section 4p.
"(vii) Section 6d.
"(viii) Subsections (d) and (g) of section 8.
"(ix) Section 16.
"(B)(i) Except as provided in clause (ii), but notwithstanding any other provision of this Act, the Commission, by rule, regulation, or order, may conditionally or unconditionally exempt any broker or dealer subject to the registration requirement of paragraph (2) of this subsection, or any broker or dealer exempt from registration pursuant to paragraph (3) of this subsection, from any provision of this Act or of any rule or regulation thereunder, to the extent such exemption is necessary or appropriate in the public interest and is consistent with the protection of investors.
"(ii) The Commission shall, by rule or regulation, determine the procedures under which an exemptive order under this section shall be granted and may, in its sole discretion, decline to entertain any application for an order of exemption under this section.
"(C)(i) A broker or dealer that is registered as a futures commission merchant or introducing broker pursuant to paragraph (2) or an associated person thereof, or that is a floor broker or floor trader exempt from registration pursuant to paragraph (3), shall not be required to become a member of any futures association registered under section 17 of this Act.
"(ii) No futures association registered under section 17 of this Act shall limit its members from carrying an account, accepting an order, or transacting business with a broker or dealer that is registered as a futures commission merchant or introducing broker pursuant to paragraph (2) or an associated person thereof, or that is a floor broker or floor trader exempt from registration pursuant to paragraph (3).".
(d) EXEMPTIONS FOR ASSOCIATED PERSONS OF SECURITIES BROKER-DEALERS.—Section 4k of the Commodity Exchange Act (7 U.S.C. 6k), is amended by inserting after paragraph (4), as added by subsection (c), the following:
"(5) Any associated person of a broker or dealer that is registered with the Securities and Exchange Commission, and who limits its solicitation of orders, acceptance of orders, or execution of orders, or placing of orders on behalf of others involving any contracts of sale of any commodity for future delivery, on or subject to the rules of any contract market to security futures products, shall be exempt from the following provisions of this Act and the rules thereunder:
"(A) Subsections (b), (d), (e), and (g) of section 4c.
"(B) Sections 4d, 4e, and 4h.
"(C) Subsections (b) and (c) of section 4f.
"(D) Section 4j.
"(E) Paragraph (1) of this section.
"(F) Section 4p.
"(G) Section 6d.
"(G) Subsections (d) and (g) of section 8.
"(H) Section 16.".
SEC. 223. NOTIFICATION OF INVESTIGATIONS AND EN-
FORCEMENT ACTIONS.
(a) Section 8(a) of the Commodity Exchange Act (7 U.S.C. 12(a)) is amended by adding at the end the following:
"(3) The Commission shall provide the Securities and Exchange Commission with notice of the commencement of any proceeding and a copy of any order entered by the Commission against any futures commission merchant or introducing broker registered pursuant to section 4f(a)(2), any floor broker or floor trader exempt from registration pursuant to section 4f(a)(3), any associated person exempt from registration pursuant to section 4k(6), or any board of trade designated as a contract market pursuant to section 5f.".
(b) Section 6 of the Commodity Exchange Act (7 U.S.C. 8, 9, 9a, 9b, 13b, 15) is amended by adding at the end the following:
"(g) The Commission shall provide the Securities and Exchange Commission with notice of the commencement of any proceeding and a copy of any order entered by the Commission pursuant to subsections (c) and (d) of this section against any futures commission merchant or introducing broker registered pursuant to section 4f(a)(2), any floor broker or floor trader exempt from registration pursuant to section 4f(a)(3), any associated person exempt from registration pursuant to section 4k(6), or any board of trade designated as a contract market pursuant to section 5f.".
(c) Section 6c of the Commodity Exchange Act (7 U.S.C. 13a–1) is amended by adding at the end the following:
"(h) The Commission shall provide the Securities and Exchange Commission with notice of the commencement of any proceeding and a copy of any order entered by the Commission against any futures commission merchant or introducing broker registered pursuant to section 4f(a)(2), any floor broker or floor trader exempt from registration pursuant to section 4f(a)(3), any associated person exempt from registration pursuant to section 4k(6), or any board of trade designated as a contract market pursuant to section 5f.".
Subtitle C—Effective Date
SEC. 231. EFFECTIVE DATE.
This title and the amendments made by this title take effect on the date of enactment of this Act.