Sense of Congress

It is the sense of Congress that— (1) notwithstanding the amendment made by section 2, the intent of Congress in the Commodity Exchange Act (7 U.S.C. 1 et seq.) is the prohibition of the conduct prohibited by that amendment; (2) for the purpose of preventing a Federal regulatory structure that permits gambling, the Commodity Futures Trading Commission should prohibit the availability for clearing or trading on or through any registered entity (as defined in section 1a of that Act (7 U.S.C. 1a)) any agreement, contract, transaction, or swap (as defined in that section) that is not used for hedging or mitigating commercial risk; and (3) nothing in this Act or any amendment made by this Act preempts any State law that regulates or prohibits gambling or gaming.