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PUBLIC LAW 111–203—JULY 21, 2010 124 STAT. 1735

SEC. 743. OTHER AUTHORITY. 7 USC 1a note.
Unless otherwise provided by the amendments made by this
subtitle, the amendments made by this subtitle do not divest any
appropriate Federal banking agency, the Commodity Futures
Trading Commission, the Securities and Exchange Commission,
or other Federal or State agency of any authority derived from
any other applicable law.

SEC. 744. RESTITUTION REMEDIES.
Section 6c(d) of the Commodity Exchange Act (7 U.S.C. 13a–
1(d)) is amended by adding at the end the following:
‘‘(3) EQUITABLE REMEDIES.—In any action brought under
this section, the Commission may seek, and the court may
impose, on a proper showing, on any person found in the
action to have committed any violation, equitable remedies
including—
‘‘(A) restitution to persons who have sustained losses
proximately caused by such violation (in the amount of
such losses); and
‘‘(B) disgorgement of gains received in connection with
such violation.’’.

SEC. 745. ENHANCED COMPLIANCE BY REGISTERED ENTITIES.
(a) EFFECT OF INTERPRETATION.—Section 5c(a) of the Com-
modity Exchange Act (7 U.S.C. 7a–2(a)) is amended by striking
paragraph (2) and inserting the following:
‘‘(2) EFFECT OF INTERPRETATION.—An interpretation issued
under paragraph (1) may provide the exclusive means for com-
plying with each section described in paragraph (1).’’.
(b) NEW CONTRACTS, NEW RULES, AND RULE AMENDMENTS.—
Section 5c of the Commodity Exchange Act (7 U.S.C. 7a–2) is
amended by striking subsection (c) and inserting the following:
‘‘(c) NEW CONTRACTS, NEW RULES, AND RULE AMENDMENTS.— Certification.
‘‘(1) IN GENERAL.—A registered entity may elect to list
for trading or accept for clearing any new contract, or other
instrument, or may elect to approve and implement any new
rule or rule amendment, by providing to the Commission (and
the Secretary of the Treasury, in the case of a contract of
sale of a government security for future delivery (or option
on such a contract) or a rule or rule amendment specifically
related to such a contract) a written certification that the
new contract or instrument or clearing of the new contract
or instrument, new rule, or rule amendment complies with
this Act (including regulations under this Act).
‘‘(2) RULE REVIEW.—The new rule or rule amendment
described in paragraph (1) shall become effective, pursuant Effective date.
to the certification of the registered entity and notice of such Notification.
certification to its members (in a manner to be determined Determination.
by the Commission), on the date that is 10 business days
after the date on which the Commission receives the certifi-
cation (or such shorter period as determined by the Commission
by rule or regulation) unless the Commission notifies the reg-
istered entity within such time that it is staying the certification
because there exist novel or complex issues that require addi-

LAWS tional time to analyze, an inadequate explanation by the submitting registered entity, or a potential inconsistency with this Act (including regulations under this Act).PUBLIC with on anorris VerDate Nov 24 2008 15:33 Aug 19, 2010 Jkt 089139 PO 00000 Frm 00361 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL203.111 GPO1 PsN: PUBL203