7 U.S.C. § 2 — Jurisdiction of Commission; liability of prin-

Page 21 TITLE 7—AGRICULTURE § 2 1 See References in Text note below. (Sept. 21, 1922, ch. 369, § 1b, as added Pub. L. 111–203, title VII, § 722(h), July 21, 2010, 124 Stat. 1674.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c), was in the original ‘‘this title’’, and was translated as reading ‘‘this Act’’, meaning act Sept. 21, 1922, ch. 369, 42 Stat. 998, which is classified generally to this chapter, to re- flect the probable intent of Congress, because act Sept. 21, 1922, does not contain titles. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the later of 360 days after July 21, 2010, or, to the extent a provision of subtitle A (§§ 711–754) of title VII of Pub. L. 111–203 requires a rule- making, not less than 60 days after publication of the final rule or regulation implementing such provision of subtitle A, see section 754 of Pub. L. 111–203, set out as an Effective Date of 2010 Amendment note under sec- tion 1a of this title. § 2. Jurisdiction of Commission; liability of prin- cipal for act of agent; Commodity Futures Trading Commission; transaction in inter- state commerce (a) Jurisdiction of Commission; Commodity Fu- tures Trading Commission (1) Jurisdiction of Commission (A) In general The Commission shall have exclusive juris- diction, except to the extent otherwise pro- vided in the Wall Street Transparency and Accountability Act of 2010 (including an amendment made by that Act) and subpara- graphs (C), (D), and (I) of this paragraph and subsections (c) and (f), with respect to ac- counts, agreements (including any trans- action which is of the character of, or is commonly known to the trade as, an ‘‘op- tion’’, ‘‘privilege’’, ‘‘indemnity’’, ‘‘bid’’, ‘‘offer’’, ‘‘put’’, ‘‘call’’, ‘‘advance guaranty’’, or ‘‘decline guaranty’’), and transactions in- volving swaps or contracts of sale of a com- modity for future delivery (including signifi- cant price discovery contracts), traded or ex- ecuted on a contract market designated pur- suant to section 7 of this title or a swap exe- cution facility pursuant to section 7b–3 of this title or any other board of trade, ex- change, or market, and transactions subject to regulation by the Commission pursuant to section 23 of this title. Except as herein- above provided, nothing contained in this section shall (I) supersede or limit the juris- diction at any time conferred on the Securi- ties and Exchange Commission or other reg- ulatory authorities under the laws of the United States or of any State, or (II) restrict the Securities and Exchange Commission and such other authorities from carrying out their duties and responsibilities in accord- ance with such laws. Nothing in this section shall supersede or limit the jurisdiction con- ferred on courts of the United States or any State. (B) Liability of principal for act of agent The act, omission, or failure of any offi- cial, agent, or other person acting for any individual, association, partnership, cor- poration, or trust within the scope of his em- ployment or office shall be deemed the act, omission, or failure of such individual, asso- ciation, partnership, corporation, or trust, as well as of such official, agent, or other person. (C) Designation of boards of trade as con- tract markets; contracts for future deliv- ery; security futures products; filing with Board of Governors of Federal Reserve System; judicial review Notwithstanding any other provision of law— (i)(I) Except as provided in subclause (II), this chapter shall not apply to and the Commission shall have no jurisdiction to designate a board of trade as a contract market for any transaction whereby any party to such transaction acquires any put, call, or other option on one or more securities (as defined in section 77b(1) 1 of title 15 or section 3(a)(10) of the Securities Exchange Act of 1934 [15 U.S.C. 78c(a)(10)] on January 11, 1983), including any group or index of such securities, or any interest therein or based on the value thereof. (II) This chapter shall apply to and the Commission shall have jurisdiction with respect to accounts, agreements, and transactions involving, and may permit the listing for trading pursuant to section 7a–2(c) of this title of, a put, call, or other option on 1 or more securities (as defined in section 77b(a)(1) of title 15 or section 3(a)(10) of the Securities Exchange Act of 1934 [15 U.S.C. 78c(a)(10)] on January 11, 1983), including any group or index of such securities, or any interest therein or based on the value thereof, that is exempted by the Securities and Exchange Commission pursuant to section 36(a)(1) of the Securi- ties Exchange Act of 1934 [15 U.S.C. 78mm(a)(1)] with the condition that the Commission exercise concurrent jurisdic- tion over such put, call, or other option; provided, however, that nothing in this paragraph shall be construed to affect the jurisdiction and authority of the Securi- ties and Exchange Commission over such put, call, or other option. (ii) This chapter shall apply to and the Commission shall have exclusive jurisdic- tion 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’’, ‘‘in- demnity’’, ‘‘bid’’, ‘‘offer’’, ‘‘put’’, ‘‘call’’, ‘‘advance guaranty’’, or ‘‘decline guar- anty’’) and transactions involving, and may designate a board of trade as a con- tract market in, or register a derivatives transaction execution facility that trades or executes, contracts of sale (or options on such contracts) for future delivery of a group or index of securities (or any inter- est therein or based upon the value there- of): Provided, however, That no board of Page 22 TITLE 7—AGRICULTURE § 2 2 So in original. The word ‘‘or’’ probably should not appear. 3 So in original. Probably should be subclause ‘‘(III)’’. trade shall be designated as a contract market with respect to any such contracts of sale (or options on such contracts) for future delivery, and no derivatives trans- action execution facility shall trade or execute such contracts of sale (or options on such contracts) for future delivery, un- less the board of trade or the derivatives transaction execution facility, and the ap- plicable contract, meet the following min- imum requirements: (I) Settlement of or delivery on such contract (or option on such contract) shall be effected in cash or by means other than the transfer or receipt of any security, except an exempted security under section 77c of title 15 or section 3(a)(12) of the Securities Exchange Act of 1934 [15 U.S.C. 78c(a)(12)] as in effect on January 11, 1983, (other than any munic- ipal security, as defined in section 3(a)(29) of the Securities Exchange Act of 1934 [15 U.S.C. 78c(a)(29)] on January 11, 1983); (II) Trading in such contract (or option on such contract) shall not be readily susceptible to manipulation of the price of such contract (or option on such con- tract), nor to causing or being used in the manipulation of the price of any un- derlying security, option on such secu- rity or option on a group or index includ- ing such securities; and (III) Such group or index of securities shall not constitute a narrow-based secu- rity index. (iii) If, in its discretion, the Commission determines that a stock index futures con- tract, notwithstanding its conformance with the requirements in clause (ii) of this subparagraph, 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 op- tion thereon be traded and regulated as se- curity futures products as defined in sec- tion 3(a)(56) of the Securities Exchange Act of 1934 [15 U.S.C. 78c(a)(56)] and section 1a of this title subject to all rules and reg- ulations applicable to security futures products under this chapter and the securi- ties laws as defined in section 3(a)(47) of the Securities Exchange Act of 1934 [15 U.S.C. 78c(a)(47)]. (iv) No person shall offer to enter into, enter into, or confirm the execution of any contract of sale (or option on such con- tract) for future delivery of any security, or interest therein or based on the value thereof, except an exempted security under or 2 section 3(a)(12) of the Securities Exchange Act of 1934 [15 U.S.C. 78c(a)(12)] as in effect on January 11, 1983 (other than any municipal security as defined in sec- tion 3(a)(29) of the Securities Exchange Act of 1934 [15 U.S.C. 78c(a)(29)] on January 11, 1983), or except as provided in clause (ii) of this subparagraph or subparagraph (D), any group or index of such securities or any interest therein or based on the value thereof. (v)(I) Notwithstanding any other provi- sion of this chapter, any contract market in a stock index futures contract (or op- tion thereon) other than a security futures product, or any derivatives transaction execution facility on which such contract or option is traded, shall file with the Board of Governors of the Federal Reserve System any rule establishing or changing the levels of margin (initial and mainte- nance) for such stock index futures con- tract (or option thereon) other than secu- rity futures products. (II) The Board may at any time request any contract market or derivatives trans- action execution facility to set the margin for any stock index futures contract (or option thereon), other than for any secu- rity futures product, at such levels as the Board in its judgment determines are ap- propriate to preserve the financial integ- rity of the contract market or derivatives transaction execution facility, or its clear- ing system, or to prevent systemic risk. If the contract market or derivatives trans- action execution facility fails to do so within the time specified by the Board in its request, the Board may direct the con- tract market or derivatives transaction execution facility to alter or supplement the rules of the contract market or deriva- tives transaction execution facility as specified in the request. (III) Subject to such conditions as the Board may determine, the Board may dele- gate any or all of its authority, relating to margin for any stock index futures con- tract (or option thereon), other than secu- rity futures products, under this clause to the Commission. (IV) It shall be unlawful for any futures commission merchant to, directly or indi- rectly, extend or maintain credit to or for, or collect margin from any customer on any security futures product unless such activities comply with the regulations pre- scribed pursuant to section 7(c)(2)(B) of the Securities Exchange Act of 1934 [15 U.S.C. 78g(c)(2)(B)]. (V) Nothing in this clause shall super- sede or limit the authority granted to the Commission in section 12a(9) of this title to direct a contract market or registered derivatives transaction execution facility, on finding an emergency to exist, to raise temporary margin levels on any futures contract, or option on the contract cov- ered by this clause, or on any security fu- tures product. (VI) Any action taken by the Board, or by the Commission acting under the dele- gation of authority under subclause III,3 under this clause directing a contract mar- ket to alter or supplement a contract mar- ket rule shall be subject to review only in the Court of Appeals where the party seek- Page 23 TITLE 7—AGRICULTURE § 2 ing review resides or has its principal place of business, or in the United States Court of Appeals for the District of Colum- bia Circuit. The review shall be based on the examination of all information before the Board or the Commission, as the case may be, at the time the determination was made. The court reviewing the action of the Board or the Commission shall not enter a stay or order of mandamus unless the court has determined, after notice and a hearing before a panel of the court, that the agency action complained of was arbi- trary, capricious, an abuse of discretion, or otherwise not in accordance with law. (D) Jurisdiction and authority of Securities and Exchange Commission over security futures; requirements for security fu- tures trading; periodic or special exami- nations by Commission representatives (i) Notwithstanding any other provision of this chapter, the Securities and Exchange Commission shall have jurisdiction and au- thority over security futures as defined in section 3(a)(55) of the Securities Exchange Act of 1934 [15 U.S.C. 78c(a)(55)], section 77b(a)(16) of title 15, section 80a–2(a)(52) of title 15, and section 80b–2(a)(27) of title 15, options on security futures, and persons ef- fecting transactions in security futures and options thereon, and this chapter shall apply to and the Commission shall have jurisdic- tion 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’’, ‘‘indem- nity’’, ‘‘bid’’, ‘‘offer’’, ‘‘put’’, ‘‘call’’, ‘‘ad- vance guaranty’’, or ‘‘decline guaranty’’), contracts, and transactions involving, and may designate a board of trade as a contract market in, or register a derivatives trans- action execution facility that trades or exe- cutes, a security futures product as defined in section 1a of this title: Provided, however, That, except as provided in clause (vi) of this subparagraph, no board of trade shall be des- ignated as a contract market with respect to, or registered as a derivatives transaction execution facility for, any such contracts of sale for future delivery unless the board of trade and the applicable contract meet the following criteria: (I) Except as otherwise provided in a rule, regulation, or order issued pursuant to clause (v) of this subparagraph, any se- curity underlying the security future, in- cluding each component security of a nar- row-based security index, is registered pur- suant to section 12 of the Securities Ex- change Act of 1934 [15 U.S.C. 78l]. (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 [15 U.S.C. 78q–1] for the payment and delivery of the securities underlying the security futures product. (III) Except as otherwise provided in a rule, regulation, or order issued pursuant to clause (v) of this subparagraph, the se- curity future is based upon common stock and such other equity securities as the Commission and the Securities and Ex- change Commission jointly determine ap- propriate. (IV) 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 per- mits the security futures product to be purchased on a designated contract mar- ket, registered derivatives transaction execution facility, national securities ex- change registered under section 6(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78f(a)], or national securities association registered pursuant to section 15A(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78o–3(a)] and offset on another des- ignated contract market, registered de- rivatives transaction execution facility, national securities exchange registered under section 6(a) of the Securities Ex- change Act of 1934, or national securities association registered pursuant to section 15A(a) of the Securities Exchange Act of 1934. (V) Only futures commission merchants, introducing brokers, commodity trading advisors, commodity pool operators or as- sociated persons subject to suitability rules comparable to those of a national se- curities association registered pursuant to section 15A(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78o–3(a)] solicit, ac- cept any order for, or otherwise deal in any transaction in or in connection with the security futures product. (VI) The security futures product is sub- ject to a prohibition against dual trading in section 6j of this title and the rules and regulations thereunder or the provisions of section 11(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78k(a)] and the rules and regulations thereunder, except to the extent otherwise permitted under the Se- curities Exchange Act of 1934 [15 U.S.C. 78a et seq.] and the rules and regulations thereunder. (VII) Trading in the security futures product is not readily susceptible to ma- nipulation of the price of such security fu- tures product, nor to causing or being used in the manipulation of the price of any un- derlying security, option on such security, or option on a group or index including such securities; (VIII) The board of trade on which the security futures product is traded has pro- cedures in place for coordinated surveil- lance among such board of trade, any mar- ket on which any security underlying the security futures product is traded, and other markets on which any related secu- rity is traded to detect manipulation and insider trading, except that, if the board of trade is an alternative trading system, a national securities association registered pursuant to section 15A(a) of the Securi- Page 24 TITLE 7—AGRICULTURE § 2 ties Exchange Act of 1934 [15 U.S.C. 78o–3(a)] or national securities exchange registered pursuant to section 6(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78f(a)] of which such alternative trading system is a member has in place such pro- cedures. (IX) The board of trade on which the se- curity futures product is traded has in place audit trails necessary or appropriate to facilitate the coordinated surveillance required in subclause (VIII), except that, if the board of trade is an alternative trading system, 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 national securities ex- change registered pursuant to section 6(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78f(a)] of which such alternative trading system is a member has rules to require such audit trails. (X) The board of trade on which the secu- rity futures product is traded has in place procedures to coordinate trading halts be- tween such board of trade and markets on which any security underlying the secu- rity futures product is traded and other markets on which any related security is traded, except that, if the board of trade is an alternative trading system, a national securities association registered pursuant to section 15A(a) of the Securities Ex- change Act of 1934 [15 U.S.C. 78o–3(a)] or national securities exchange registered pursuant to section 6(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78f(a)] of which such alternative trading system is a member has rules to require such coordi- nated trading halts. (XI) The margin requirements for a secu- rity futures product comply with the regu- lations prescribed pursuant to section 7(c)(2)(B) of the Securities Exchange Act of 1934 [15 U.S.C. 78g(c)(2)(B)], except that nothing in this subclause shall be con- strued to prevent a board of trade from re- quiring 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 oth- erwise dealing in, any transaction in, or in connection with, a security futures product unless— (I) the transaction is conducted on or subject to the rules of a board of trade that— (aa) has been designated by the Com- mission as a contract market in such se- curity futures product; or (bb) is a registered derivatives trans- action execution facility for the security futures product that has provided a cer- tification with respect to the security futures product pursuant to clause (vii); (II) the contract is executed or con- summated by, through, or with a member of the contract market or registered de- rivatives transaction execution facility; and (III) the security futures product is evi- denced by a record in writing which shows the date, the parties to such security fu- tures product and their addresses, the property covered, and its price, and each contract market member or registered de- rivatives transaction execution facility member shall keep the record for a period of 3 years from the date of the transaction, or for a longer period if the Commission so directs, which record shall at all times be open to the inspection of any duly author- ized representative of the Commission. (iii)(I) Except as provided in subclause (II) but notwithstanding any other provision of this chapter, 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 December 21, 2000, the Commission and the Securities and Ex- change Commission may by order jointly de- termine to permit trading of options on any security future authorized to be traded under the provisions of this chapter and the Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.]. (iv)(I) All relevant records of a futures commission merchant or introducing broker registered pursuant to section 6f(a)(2) of this title, floor broker or floor trader exempt from registration pursuant to section 6f(a)(3) of this title, associated person exempt from registration pursuant to section 6k(6) of this title, or board of trade designated as a con- tract market in a security futures product pursuant to section 7b–1 of this title shall be subject to such reasonable periodic or spe- cial examinations by representatives of the Commission as the Commission deems nec- essary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of this chap- ter, and the Commission, before conducting any such examination, shall give notice to the Securities and Exchange Commission of the proposed examination and consult with the Securities and Exchange Commission concerning the feasibility and desirability of coordinating the examination with examina- tions conducted by the Securities and Ex- change Commission in order to avoid unnec- essary regulatory duplication or undue regu- latory burdens for the registrant or board of trade. (II) The Commission shall notify the Secu- rities and Exchange Commission of any ex- amination conducted of any futures commis- sion merchant or introducing broker reg- istered pursuant to section 6f(a)(2) of this title, floor broker or floor trader exempt from registration pursuant to section 6f(a)(3) of this title, associated person exempt from registration pursuant to section 6k(6) of this title, or board of trade designated as a con- tract market in a security futures product pursuant to section 7b–1 of this title, and, Page 25 TITLE 7—AGRICULTURE § 2 upon request, furnish to the Securities and Exchange Commission any examination re- port and data supplied to or prepared by the Commission in connection with the exam- ination. (III) Before conducting an examination under subclause (I), the Commission shall use the reports of examinations, unless the information sought is unavailable in the re- ports, of any futures commission merchant or introducing broker registered pursuant to section 6f(a)(2) of this title, floor broker or floor trader exempt from registration pursu- ant to section 6f(a)(3) of this title, associated person exempt from registration pursuant to section 6k(6) of this title, or board of trade designated as a contract market in a secu- rity futures product pursuant to section 7b–1 of this title that is made by the Securities and Exchange Commission, a national secu- rities association registered pursuant to sec- tion 15A(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78o–3(a)), or a national securi- ties exchange registered pursuant to section 6(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78f(a)). (IV) Any records required under this sub- section for a futures commission merchant or introducing broker registered pursuant to section 6f(a)(2) of this title, floor broker or floor trader exempt from registration pursu- ant to section 6f(a)(3) of this title, associated person exempt from registration pursuant to section 6k(6) of this title, or board of trade designated as a contract market in a secu- rity futures product pursuant to section 7b–1 of this title, shall be limited to records with respect to accounts, agreements, contracts, and transactions involving security futures products. (v)(I) The Commission and the Securities and Exchange Commission, by rule, regula- tion, or order, may jointly modify the cri- teria specified in subclause (I) or (III) of clause (i), including the trading of security futures based on securities other than equity securities, to the extent such modification fosters the development of fair and orderly markets in security futures products, is nec- essary or appropriate in the public interest, and is consistent with the protection of in- vestors. (II) The Commission and the Securities and Exchange Commission, by order, may jointly exempt any person from compliance with the criterion specified in clause (i)(IV) to the extent such exemption fosters the de- velopment of fair and orderly markets in se- curity futures products, is necessary or ap- propriate in the public interest, and is con- sistent with the protection of investors. (vi)(I) Notwithstanding clauses (i) and (vii), until the compliance date, a board of trade shall not be required to meet the cri- terion specified in clause (i)(IV). (II) The Commission and the Securities and Exchange Commission shall jointly pub- lish in the Federal Register a notice of the compliance date no later than 165 days be- fore the compliance date. (III) For purposes of this clause, the term ‘‘compliance date’’ means the later of— (aa) 180 days after the end of the first full calendar month period in which the average aggregate comparable share vol- ume for all security futures products based on single equity securities traded on all designated contract markets and reg- istered derivatives transaction execution facilities equals or exceeds 10 percent of the average aggregate comparable share volume of options on single equity securi- ties traded on all national securities ex- changes registered pursuant to section 6(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78f(a)] and any national securities associations registered pursuant to section 15A(a) of such Act [15 U.S.C. 78o–3(a)]; or (bb) 2 years after the date on which trad- ing in any security futures product com- mences under this chapter. (vii) It shall be unlawful for a board of trade to trade or execute a security futures product unless the board of trade has pro- vided the Commission with a certification that the specific security futures product and the board of trade, as applicable, meet the criteria specified in subclauses (I) through (XI) of clause (i), except as other- wise provided in clause (vi). (E) Obligation to address security futures products traded on foreign exchanges (i) To the extent necessary or appropriate in the public interest, to promote fair com- petition, and consistent with promotion of market efficiency, innovation, and expan- sion of investment opportunities, the protec- tion of investors, and the maintenance of fair and orderly markets, the Commission and the Securities and Exchange Commis- sion shall jointly issue such rules, regula- tions, or orders as are necessary and appro- priate to permit the offer and sale of a secu- rity futures product traded on or subject to the rules of a foreign board of trade to United States persons. (ii) The rules, regulations, or orders adopt- ed under clause (i) shall take into account, as appropriate, the nature and size of the markets that the securities underlying the security futures product reflects. (F) Security futures products traded on for- eign boards of trade (i) Nothing in this chapter is intended to prohibit a futures commission merchant from carrying security futures products traded on or subject to the rules of a foreign board of trade in the accounts of persons lo- cated outside of the United States. (ii) Nothing in this chapter is intended to prohibit any eligible contract participant lo- cated in the United States from purchasing or carrying securities futures products trad- ed on or subject to the rules of a foreign board of trade, exchange, or market to the same extent such person may be authorized to purchase or carry other securities traded on a foreign board of trade, exchange, or market so long as any underlying security for such security futures products is traded principally on, by, or through any exchange or market located outside the United States. Page 26 TITLE 7—AGRICULTURE § 2 4 So in original. Probably should be ‘‘section’’. (G)(i) Nothing in this paragraph shall limit the jurisdiction conferred on the Securities and Exchange Commission by the Wall Street Transparency and Accountability Act of 2010 with regard to security-based swap agree- ments as defined pursuant to section 3(a)(78) of the Securities Exchange Act of 1934 [15 U.S.C. 78c(a)(78)], and security-based swaps. (ii) In addition to the authority of the Secu- rities and Exchange Commission described in clause (i), nothing in this subparagraph shall limit or affect any statutory authority of the Commission with respect to an agreement, contract, or transaction described in clause (i). (H) Notwithstanding any other provision of law, the Wall Street Transparency and Ac- countability Act of 2010 shall not apply to, and the Commodity Futures Trading Commission shall have no jurisdiction under such Act (or any amendments to this chapter made by such Act) with respect to, any security other than a security-based swap. (I)(i) Nothing in this chapter shall limit or affect any statutory authority of the Federal Energy Regulatory Commission or a State regulatory authority (as defined in section 796(21) of title 16) with respect to an agree- ment, contract, or transaction that is entered into pursuant to a tariff or rate schedule ap- proved by the Federal Energy Regulatory Commission or a State regulatory authority and is— (I) not executed, traded, or cleared on a registered entity or trading facility; or (II) executed, traded, or cleared on a reg- istered entity or trading facility owned or operated by a regional transmission organi- zation or independent system operator. (ii) In addition to the authority of the Fed- eral Energy Regulatory Commission or a State regulatory authority described in clause (i), nothing in this subparagraph shall limit or affect— (I) any statutory authority of the Commis- sion with respect to an agreement, contract, or transaction described in clause (i); or (II) the jurisdiction of the Commission under subparagraph (A) with respect to an agreement, contract, or transaction that is executed, traded, or cleared on a registered entity or trading facility that is not owned or operated by a regional transmission orga- nization or independent system operator (as defined by sections 4 796(27) and (28) of title 16). (2) Establishment of Commodity Futures Trad- ing Commission; composition; terms of Commissioners (A) There is hereby established, as an inde- pendent agency of the United States Govern- ment, a Commodity Futures Trading Commis- sion. The Commission shall be composed of five Commissioners who shall be appointed by the President, by and with the advice and con- sent of the Senate. In nominating persons for appointment, the President shall— (i) select persons who shall each have dem- onstrated knowledge in futures trading or its regulation, or the production, merchan- dising, processing or distribution of one or more of the commodities or other goods and articles, services, rights, and interests cov- ered by this chapter; and (ii) seek to ensure that the demonstrated knowledge of the Commissioners is balanced with respect to such areas. Not more than three of the members of the Commission shall be members of the same po- litical party. Each Commissioner shall hold of- fice for a term of five years and until his suc- cessor is appointed and has qualified, except that he shall not so continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of said fixed term of office, and except (i) any Commissioner ap- pointed to fill a vacancy occurring prior to the expiration of the term for which his prede- cessor was appointed shall be appointed for the remainder of such term, and (ii) the terms of office of the Commissioners first taking of- fice after the enactment of this paragraph shall expire as designated by the President at the time of nomination, one at the end of one year, one at the end of two years, one at the end of three years, one at the end of four years, and one at the end of five years. (B) The President shall appoint, by and with the advice and consent of the Senate, a mem- ber of the Commission as Chairman, who shall serve as Chairman at the pleasure of the Presi- dent. An individual may be appointed as Chairman at the same time that person is ap- pointed as a Commissioner. The Chairman shall be the chief administrative officer of the Commission and shall preside at hearings be- fore the Commission. At any time, the Presi- dent may appoint, by and with the advice and consent of the Senate, a different Chairman, and the Commissioner previously appointed as Chairman may complete that Commissioner’s term as a Commissioner. (3) Vacancies A vacancy in the Commission shall not im- pair the right of the remaining Commissioners to exercise all the powers of the Commission. (4) General Counsel The Commission shall have a General Coun- sel, who shall be appointed by the Commission and serve at the pleasure of the Commission. The General Counsel shall report directly to the Commission and serve as its legal advisor. The Commission shall appoint such other at- torneys as may be necessary, in the opinion of the Commission, to assist the General Coun- sel, represent the Commission in all discipli- nary proceedings pending before it, represent the Commission in courts of law whenever ap- propriate, assist the Department of Justice in handling litigation concerning the Commis- sion in courts of law, and perform such other legal duties and functions as the Commission may direct. (5) Executive Director The Commission shall have an Executive Di- rector, who shall be appointed by the Commis- sion and serve at the pleasure of the Commis- sion. The Executive Director shall report di- Page 27 TITLE 7—AGRICULTURE § 2 rectly to the Commission and perform such functions and duties as the Commission may prescribe. (6) Powers and Functions of Chairman (A) Except as otherwise provided in this paragraph and in paragraphs (4) and (5) of this subsection, the executive and administrative functions of the Commission, including func- tions of the Commission with respect to the appointment and supervision of personnel em- ployed under the Commission, the distribution of business among such personnel and among administrative units of the Commission, and the use and expenditure of funds, according to budget categories, plans, programs, and prior- ities established and approved by the Commis- sion, shall be exercised solely by the Chair- man. (B) In carrying out any of his functions under the provisions of this paragraph, the Chairman shall be governed by general poli- cies, plans, priorities, and budgets approved by the Commission and by such regulatory deci- sions, findings, and determination as the Com- mission may by law be authorized to make. (C) The appointment by the Chairman of the heads of major administrative units under the Commission shall be subject to the approval of the Commission. (D) Personnel employed regularly and full time in the immediate offices of Commis- sioners other than the Chairman shall not be affected by the provisions of this paragraph. (E) There are hereby reserved to the Com- mission its functions with respect to revising budget estimates and with respect to deter- mining the distribution of appropriated funds according to major programs and purposes. (F) The Chairman may from time to time make such provisions as he shall deem appro- priate authorizing the performance by any of- ficer, employee, or administrative unit under his jurisdiction of any functions of the Chair- man under this paragraph. (7) Appointment and compensation (A) In general The Commission may appoint and fix the compensation of such officers, attorneys, economists, examiners, and other employees as may be necessary for carrying out the functions of the Commission under this chapter. (B) Rates of pay Rates of basic pay for all employees of the Commission may be set and adjusted by the Commission without regard to chapter 51 or subchapter III of chapter 53 of title 5. (C) Comparability (i) In general The Commission may provide additional compensation and benefits to employees of the Commission if the same type of com- pensation or benefits are provided by any agency referred to in section 1833b(a) of title 12 or could be provided by such an agency under applicable provisions of law (including rules and regulations). (ii) Consultation In setting and adjusting the total amount of compensation and benefits for employees, the Commission shall consult with, and seek to maintain comparability with, the agencies referred to in section 1833b(a) of title 12. (8) Conflict of interest No Commissioner or employee of the Com- mission shall accept employment or com- pensation from any person, exchange, or clear- inghouse subject to regulation by the Commis- sion under this chapter during his term of of- fice, nor shall he participate, directly or indi- rectly, in any registered entity operations or transactions of a character subject to regula- tion by the Commission. (9) Liaison with Department of Agriculture; communications with Department of the Treasury, Federal Reserve Board, and Se- curities and Exchange Commission; appli- cation by a board of trade for designation as a contract market for future delivery of securities (A) The Commission shall, in cooperation with the Secretary of Agriculture, maintain a liaison between the Commission and the De- partment of Agriculture. The Secretary shall take such steps as may be necessary to enable the Commission to obtain information and utilize such services and facilities of the De- partment of Agriculture as may be necessary in order to maintain effectively such liaison. In addition, the Secretary shall appoint a liai- son officer, who shall be an employee of the Office of the Secretary, for the purpose of maintaining a liaison between the Department of Agriculture and the Commission. The Com- mission shall furnish such liaison officer ap- propriate office space within the offices of the Commission and shall allow such liaison offi- cer to attend and observe all deliberations and proceedings of the Commission. (B)(i) The Commission shall maintain com- munications with the Department of the Treasury, the Board of Governors of the Fed- eral Reserve System, and the Securities and Exchange Commission for the purpose of keep- ing such agencies fully informed of Commis- sion activities that relate to the responsibil- ities of those agencies, for the purpose of seek- ing the views of those agencies on such activi- ties, and for considering the relationships be- tween the volume and nature of investment and trading in contracts of sale of a com- modity for future delivery and in securities and financial instruments under the jurisdic- tion of such agencies. (ii) When a board of trade applies for des- ignation or registration as a contract market or derivatives transaction execution facility involving transactions for future delivery of any security issued or guaranteed by the United States or any agency thereof, the Com- mission shall promptly deliver a copy of such application to the Department of the Treasury and the Board of Governors of the Federal Re- serve System. The Commission may not des- ignate or register a board of trade as a con- Page 28 TITLE 7—AGRICULTURE § 2 tract market or derivatives transaction execu- tion facility based on such application until forty-five days after the date the Commission delivers the application to such agencies or until the Commission receives comments from each of such agencies on the application, whichever period is shorter. Any comments re- ceived by the Commission from such agencies shall be included as part of the public record of the Commission’s designation proceeding. In designating, registering, or refusing, sus- pending, or revoking the designation or reg- istration of, a board of trade as a contract market or derivatives transaction execution facility involving transactions for future de- livery referred to in this clause or in consid- ering any possible action under this chapter (including without limitation emergency ac- tion under section 12a(9) of this title) with re- spect to such transactions, the Commission shall take into consideration all comments it receives from the Department of the Treasury and the Board of Governors of the Federal Re- serve System and shall consider the effect that any such designation, registration, sus- pension, revocation, or action may have on the debt financing requirements of the United States Government and the continued effi- ciency and integrity of the underlying market for government securities. (iii) The provisions of this subparagraph shall not create any rights, liabilities, or obli- gations upon which actions may be brought against the Commission. (10) Transmittal of budget requests and legisla- tive recommendations to congressional committees (A) Whenever the Commission submits any budget estimate or request to the President or the Office of Management and Budget, it shall concurrently transmit copies of that estimate or request to the House and Senate Appropria- tions Committees and the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry. (B) Whenever the Commission transmits any legislative recommendations, or testimony, or comments on legislation to the President or the Office of Management and Budget, it shall concurrently transmit copies thereof to the House Committee on Agriculture and the Sen- ate Committee on Agriculture, Nutrition, and Forestry. No officer or agency of the United States shall have any authority to require the Commission to submit its legislative rec- ommendations, or testimony, or comments on legislation to any officer or agency of the United States for approval, comments, or re- view, prior to the submission of such rec- ommendations, testimony, or comments to the Congress. In instances in which the Com- mission voluntarily seeks to obtain the com- ments or review of any officer or agency of the United States, the Commission shall include a description of such actions in its legislative recommendations, testimony, or comments on legislation which it transmits to the Congress. (C) Whenever the Commission issues for offi- cial publication any opinion, release, rule, order, interpretation, or other determination on a matter, the Commission shall provide that any dissenting, concurring, or separate opinion by any Commissioner on the matter be published in full along with the Commis- sion opinion, release, rule, order, interpreta- tion, or determination. (11) Seal The Commission shall have an official seal, which shall be judicially noticed. (12) Rules and regulations The Commission is authorized to promulgate such rules and regulations as it deems nec- essary to govern the operating procedures and conduct of the business of the Commission. (13) Public availability of swap transaction data (A) Definition of real-time public reporting In this paragraph, the term ‘‘real-time public reporting’’ means to report data re- lating to a swap transaction, including price and volume, as soon as technologically prac- ticable after the time at which the swap transaction has been executed. (B) Purpose The purpose of this section is to authorize the Commission to make swap transaction and pricing data available to the public in such form and at such times as the Commis- sion determines appropriate to enhance price discovery. (C) General rule The Commission is authorized and re- quired to provide by rule for the public availability of swap transaction and pricing data as follows: (i) With respect to those swaps that are subject to the mandatory clearing require- ment described in subsection (h)(1) (includ- ing those swaps that are excepted from the requirement pursuant to subsection (h)(7)), the Commission shall require real-time public reporting for such transactions. (ii) With respect to those swaps that are not subject to the mandatory clearing re- quirement described in subsection (h)(1), but are cleared at a registered derivatives clearing organization, the Commission shall require real-time public reporting for such transactions. (iii) With respect to swaps that are not cleared at a registered derivatives clearing organization and which are reported to a swap data repository or the Commission under subsection (h)(6), the Commission shall require real-time public reporting for such transactions, in a manner that does not disclose the business transactions and market positions of any person. (iv) With respect to swaps that are deter- mined to be required to be cleared under subsection (h)(2) but are not cleared, the Commission shall require real-time public reporting for such transactions. (D) Registered entities and public reporting The Commission may require registered entities to publicly disseminate the swap transaction and pricing data required to be reported under this paragraph. Page 29 TITLE 7—AGRICULTURE § 2 (E) Rulemaking required With respect to the rule providing for the public availability of transaction and pric- ing data for swaps described in clauses (i) and (ii) of subparagraph (C), the rule promul- gated by the Commission shall contain pro- visions— (i) to ensure such information does not identify the participants; (ii) to specify the criteria for deter- mining what constitutes a large notional swap transaction (block trade) for par- ticular markets and contracts; (iii) to specify the appropriate time delay for reporting large notional swap transactions (block trades) to the public; and (iv) that take into account whether the public disclosure will materially reduce market liquidity. (F) Timeliness of reporting Parties to a swap (including agents of the parties to a swap) shall be responsible for re- porting swap transaction information to the appropriate registered entity in a timely manner as may be prescribed by the Com- mission. (G) Reporting of swaps to registered swap data repositories Each swap (whether cleared or uncleared) shall be reported to a registered swap data repository. (14) Semiannual and annual public reporting of aggregate swap data (A) In general In accordance with subparagraph (B), the Commission shall issue a written report on a semiannual and annual basis to make avail- able to the public information relating to— (i) the trading and clearing in the major swap categories; and (ii) the market participants and develop- ments in new products. (B) Use; consultation In preparing a report under subparagraph (A), the Commission shall— (i) use information from swap data re- positories and derivatives clearing organi- zations; and (ii) consult with the Office of the Comp- troller of the Currency, the Bank for Inter- national Settlements, and such other regu- latory bodies as may be necessary. (C) Authority of the Commission The Commission may, by rule, regulation, or order, delegate the public reporting re- sponsibilities of the Commission under this paragraph in accordance with such terms and conditions as the Commission deter- mines to be appropriate and in the public in- terest. (15) Energy and Environmental Markets Advi- sory Committee (A) Establishment (i) In general An Energy and Environmental Markets Advisory Committee is hereby established. (ii) Membership The Committee shall have 9 members. (iii) Activities The Committee’s objectives and scope of activities shall be— (I) to conduct public meetings; (II) to submit reports and rec- ommendations to the Commission (in- cluding dissenting or minority views, if any); and (III) otherwise to serve as a vehicle for discussion and communication on mat- ters of concern to exchanges, firms, end users, and regulators regarding energy and environmental markets and their regulation by the Commission. (B) Requirements (i) In general The Committee shall hold public meet- ings at such intervals as are necessary to carry out the functions of the Committee, but not less frequently than 2 times per year. (ii) Members Members shall be appointed to 3-year terms, but may be removed for cause by vote of the Commission. (C) Appointment The Commission shall appoint members with a wide diversity of opinion and who rep- resent a broad spectrum of interests, includ- ing hedgers and consumers. (D) Reimbursement Members shall be entitled to per diem and travel expense reimbursement by the Com- mission. (E) Chapter 10 of title 5 The Committee shall not be subject to chapter 10 of title 5. (b) Transaction in interstate commerce For the purposes of this chapter (but not in any wise limiting the foregoing definition of interstate commerce) a transaction in respect to any article shall be considered to be in inter- state commerce if such article is part of that current of commerce usual in the commodity trade whereby commodities and commodity products and by-products thereof are sent from one State, with the expectation that they will end their transit, after purchase, in another, in- cluding in addition to cases within the above general description, all cases where purchase or sale is either for shipment to another State, or for manufacture within the State and the ship- ment outside the State of the products resulting from such manufacture. Articles normally in such current of commerce shall not be consid- ered out of such commerce through resort being had to any means or device intended to remove transactions in respect thereto from the provi- sions of this chapter. For the purpose of this paragraph the word ‘‘State’’ includes Territory, the District of Columbia, possession of the United States, and foreign nation. Page 30 TITLE 7—AGRICULTURE § 2 5 So in original. 6 So in original. No item (ee) has been enacted. (c) Agreements, contracts, and transactions in foreign currency, government securities, and certain other commodities (1) In general Except as provided in paragraph (2), nothing in this chapter (other than section,5 7a–1,5 or 16(e)(2)(B) of this title) governs or applies to an agreement, contract, or transaction in— (A) foreign currency; (B) government securities; (C) security warrants; (D) security rights; (E) resales of installment loan contracts; (F) repurchase transactions in an excluded commodity; or (G) mortgages or mortgage purchase com- mitments. (2) Commission jurisdiction (A) Agreements, contracts, and transactions traded on an organized exchange This chapter applies to, and the Commis- sion shall have jurisdiction over, an agree- ment, contract, or transaction described in paragraph (1) that is— (i) a contract of sale of a commodity for future delivery (or an option on such a contract), or an option on a commodity (other than foreign currency or a security or a group or index of securities), that is executed or traded on an organized ex- change; (ii) a swap; or (iii) an option on foreign currency exe- cuted or traded on an organized exchange that is not a national securities exchange registered pursuant to section 6(a) of the Securities Exchange Act of 1934 [15 U.S.C. 78f(a)]. (B) Agreements, contracts, and transactions in retail foreign currency (i) This chapter applies to, and the Com- mission shall have jurisdiction over, an agreement, contract, or transaction in for- eign currency that— (I) is a contract of sale of a commodity for future delivery (or an option on such a contract) or an option (other than an op- tion executed or traded on a national secu- rities exchange registered pursuant to sec- tion 6(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78f(a))); and (II) is offered to, or entered into with, a person that is not an eligible contract par- ticipant, unless the counterparty, or the person offering to be the counterparty, of the person is— (aa) a United States financial institu- tion; (bb)(AA) a broker or dealer registered under section 15(b) (except paragraph (11) thereof) or 15C of the Securities Ex- change Act of 1934 (15 U.S.C. 78o(b), 78o–5); or (BB) an associated person of a broker or dealer registered under section 15(b) (except paragraph (11) thereof) or 15C of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b), 78o–5) concerning the fi- nancial or securities activities of which the broker or dealer makes and keeps records under section 15C(b) or 17(h) of the Securities Exchange Act of 1934 (15 U.S.C. 78o–5(b), 78q(h)); (cc)(AA) a futures commission mer- chant that is primarily or substantially engaged in the business activities de- scribed in section 1a of this title, is reg- istered under this chapter, is not a per- son described in item (bb) of this sub- clause, and maintains adjusted net cap- ital equal to or in excess of the dollar amount that applies for purposes of clause (ii) of this subparagraph; or (BB) an affiliated person of a futures commission merchant that is primarily or substantially engaged in the business activities described in section 1a of this title, is registered under this chapter, and is not a person described in item (bb) of this subclause, if the affiliated person maintains adjusted net capital equal to or in excess of the dollar amount that applies for purposes of clause (ii) of this subparagraph and is not a person de- scribed in such item (bb), and the futures commission merchant makes and keeps records under section 6f(c)(2)(B) of this title concerning the futures and other fi- nancial activities of the affiliated per- son; (dd) a financial holding company (as defined in section 1841 of title 12); or (ff) 6 a retail foreign exchange dealer that maintains adjusted net capital equal to or in excess of the dollar amount that applies for purposes of clause (ii) of this subparagraph and is registered in such capacity with the Commission, subject to such terms and conditions as the Commission shall pre- scribe, and is a member of a futures asso- ciation registered under section 21 of this title. (ii) The dollar amount that applies for pur- poses of this clause is— (I) $10,000,000, beginning 120 days after the date of the enactment of this clause; (II) $15,000,000, beginning 240 days after such date of enactment; and (III) $20,000,000, beginning 360 days after such date of enactment. (iii) Notwithstanding items (cc) and (gg) of clause (i)(II) of this subparagraph, agree- ments, contracts, or transactions described in clause (i) of this subparagraph, and ac- counts or pooled investment vehicles de- scribed in clause (vi), shall be subject to sub- section (a)(1)(B) of this section and sections 6(b), 6b, 6c(b), 6o, 9, and 13b of this title (ex- cept to the extent that sections 9 and 13b of this title prohibit manipulation of the mar- ket price of any commodity in interstate commerce, or for future delivery on or sub- ject to the rules of any market), 13a–1, 13a–2, 12(a), 13c(a), and 13c(b) of this title if the Page 31 TITLE 7—AGRICULTURE § 2 agreements, contracts, or transactions are offered, or entered into, by a person that is registered as a futures commission merchant or retail foreign exchange dealer, or an af- filiated person of a futures commission mer- chant registered under this chapter that is not also a person described in any of item (aa), (bb), (ee),1 or (ff) of clause (i)(II) of this subparagraph. (iv)(I) Notwithstanding items (cc) and (gg) 1 of clause (i)(II), a person, unless reg- istered in such capacity as the Commission by rule, regulation, or order shall determine and a member of a futures association reg- istered under section 21 of this title, shall not— (aa) solicit or accept orders from any person that is not an eligible contract par- ticipant in connection with agreements, contracts, or transactions described in clause (i) entered into with or to be en- tered into with a person who is not de- scribed in item (aa), (bb), (ee),1 or (ff) of clause (i)(II); (bb) exercise discretionary trading au- thority or obtain written authorization to exercise discretionary trading authority over any account for or on behalf of any person that is not an eligible contract par- ticipant in connection with agreements, contracts, or transactions described in clause (i) entered into with or to be en- tered into with a person who is not de- scribed in item (aa), (bb), (ee),1 or (ff) of clause (i)(II); or (cc) operate or solicit funds, securities, or property for any pooled investment ve- hicle that is not an eligible contract par- ticipant in connection with agreements, contracts, or transactions described in clause (i) entered into with or to be en- tered into with a person who is not de- scribed in item (aa), (bb), (ee),1 or (ff) of clause (i)(II). (II) Subclause (I) of this clause shall not apply to— (aa) any person described in any of item (aa), (bb), (ee),1 or (ff) of clause (i)(II); (bb) any such person’s associated per- sons; or (cc) any person who would be exempt from registration if engaging in the same activities in connection with transactions conducted on or subject to the rules of a contract market or a derivatives trans- action execution facility. (III) Notwithstanding items (cc) and (gg) 1 of clause (i)(II), the Commission may make, promulgate, and enforce such rules and regu- lations as, in the judgment of the Commis- sion, are reasonably necessary to effectuate any of the provisions of, or to accomplish any of the purposes of, this chapter in con- nection with the activities of persons sub- ject to subclause (I). (IV) Subclause (III) of this clause shall not apply to— (aa) any person described in any of item (aa) through (ff) of clause (i)(II); (bb) any such person’s associated per- sons; or (cc) any person who would be exempt from registration if engaging in the same activities in connection with transactions conducted on or subject to the rules of a contract market or a derivatives trans- action execution facility. (v) Notwithstanding items (cc) and (gg) 1 of clause (i)(II), the Commission may make, promulgate, and enforce such rules and regu- lations as, in the judgment of the Commis- sion, are reasonably necessary to effectuate any of the provisions of, or to accomplish any of the purposes of, this chapter in con- nection with agreements, contracts, or transactions described in clause (i) which are offered, or entered into, by a person de- scribed in item (cc) or (gg) 1 of clause (i)(II). (vi) This chapter applies to, and the Com- mission shall have jurisdiction over, an ac- count or pooled investment vehicle that is offered for the purpose of trading, or that trades, any agreement, contract, or trans- action in foreign currency described in clause (i). (C)(i)(I) This subparagraph shall apply to any agreement, contract, or transaction in foreign currency that is— (aa) offered to, or entered into with, a person that is not an eligible contract par- ticipant (except that this subparagraph shall not apply if the counterparty, or the person offering to be the counterparty, of the person that is not an eligible contract participant is a person described in any of item (aa), (bb), (ee),1 or (ff) of subpara- graph (B)(i)(II)); and (bb) offered, or entered into, on a lever- aged or margined basis, or financed by the offeror, the counterparty, or a person act- ing in concert with the offeror or counterparty on a similar basis. (II) Subclause (I) of this clause shall not apply to— (aa) a security that is not a security fu- tures product; or (bb) a contract of sale that— (AA) results in actual delivery within 2 days; or (BB) creates an enforceable obligation to deliver between a seller and buyer that have the ability to deliver and ac- cept delivery, respectively, in connection with their line of business. (ii)(I) Agreements, contracts, or trans- actions described in clause (i) of this sub- paragraph, and accounts or pooled invest- ment vehicles described in clause (vii), shall be subject to subsection (a)(1)(B) of this sec- tion and sections 6(b), 6b, 6c(b), 6o, 9, and 13b of this title (except to the extent that sec- tions 9 and 13b of this title prohibit manipu- lation of the market price of any commodity in interstate commerce, or for future deliv- ery on or subject to the rules of any mar- ket), 13a–1, 13a–2, 12(a), 13c(a), and 13c(b) of this title. (II) Subclause (I) of this clause shall not apply to— (aa) any person described in any of item (aa), (bb), (ee),1 or (ff) of subparagraph (B)(i)(II); or Page 32 TITLE 7—AGRICULTURE § 2 7 So in original. Probably should be ‘‘subparagraph’’. (bb) any such person’s associated per- sons. (III) The Commission may make, promul- gate, and enforce such rules and regulations as, in the judgment of the Commission, are reasonably necessary to effectuate any of the provisions of or to accomplish any of the purposes of this chapter in connection with agreements, contracts, or transactions de- scribed in clause (i) of this subparagraph if the agreements, contracts, or transactions are offered, or entered into, by a person that is not described in item (aa) through (ff) of subparagraph (B)(i)(II). (iii)(I) A person, unless registered in such capacity as the Commission by rule, regula- tion, or order shall determine and a member of a futures association registered under sec- tion 21 of this title, shall not— (aa) solicit or accept orders from any person that is not an eligible contract par- ticipant in connection with agreements, contracts, or transactions described in clause (i) of this subparagraph entered into with or to be entered into with a person who is not described in item (aa), (bb), (ee),1 or (ff) of subparagraph (B)(i)(II); (bb) exercise discretionary trading au- thority or obtain written authorization to exercise written trading authority over any account for or on behalf of any person that is not an eligible contract participant in connection with agreements, contracts, or transactions described in clause (i) of this subparagraph entered into with or to be entered into with a person who is not described in item (aa), (bb), (ee),1 or (ff) of subparagraph (B)(i)(II); or (cc) operate or solicit funds, securities, or property for any pooled investment ve- hicle that is not an eligible contract par- ticipant in connection with agreements, contracts, or transactions described in clause (i) of this subparagraph entered into with or to be entered into with a person who is not described in item (aa), (bb), (ee),1 or (ff) of subparagraph (B)(i)(II). (II) Subclause (I) of this clause shall not apply to— (aa) any person described in item (aa), (bb), (ee),1 or (ff) of subparagraph (B)(i)(II); (bb) any such person’s associated per- sons; or (cc) any person who would be exempt from registration if engaging in the same activities in connection with transactions conducted on or subject to the rules of a contract market or a derivatives trans- action execution facility. (III) The Commission may make, promul- gate, and enforce such rules and regulations as, in the judgment of the Commission, are reasonably necessary to effectuate any of the provisions of, or to accomplish any of the purposes of, this chapter in connection with the activities of persons subject to sub- clause (I). (IV) Subclause (III) of this clause shall not apply to— (aa) any person described in item (aa) through (ff) of subparagraph (B)(i)(II); (bb) any such person’s associated per- sons; or (cc) any person who would be exempt from registration if engaging in the same activities in connection with transactions conducted on or subject to the rules of a contract market or a derivatives trans- action execution facility. (iv) Sections 6(b) and 6b of this title shall apply to any agreement, contract, or trans- action described in clause (i) of this subpara- graph as if the agreement, contract, or transaction were a contract of sale of a com- modity for future delivery. (v) This subparagraph shall not be con- strued to limit any jurisdiction that the Commission may otherwise have under any other provision of this chapter over an agreement, contract, or transaction that is a contract of sale of a commodity for future delivery. (vi) This subparagraph shall not be con- strued to limit any jurisdiction that the Commission or the Securities and Exchange Commission may otherwise have under any other provision of this chapter with respect to security futures products and persons ef- fecting transactions in security futures products. (vii) This chapter applies to, and the Com- mission shall have jurisdiction over, an ac- count or pooled investment vehicle that is offered for the purpose of trading, or that trades, any agreement, contract, or trans- action in foreign currency described in clause (i). (D) Retail commodity transactions (i) Applicability Except as provided in clause (ii), this subparagraph shall apply to any agree- ment, contract, or transaction in any com- modity that is— (I) entered into with, or offered to (even if not entered into with), a person that is not an eligible contract partici- pant or eligible commercial entity; and (II) entered into, or offered (even if not entered into), on a leveraged or mar- gined basis, or financed by the offeror, the counterparty, or a person acting in concert with the offeror or counterparty on a similar basis. (ii) Exceptions This subparagraph shall not apply to— (I) an agreement, contract, or trans- action described in paragraph (1) or sub- paragraphs 7 (A), (B), or (C), including any agreement, contract, or transaction specifically excluded from subparagraph (A), (B), or (C); (II) any security; (III) a contract of sale that— (aa) results in actual delivery within 28 days or such other longer period as the Commission may determine by rule or regulation based upon the typ- ical commercial practice in cash or Page 33 TITLE 7—AGRICULTURE § 2 spot markets for the commodity in- volved; or (bb) creates an enforceable obliga- tion to deliver between a seller and a buyer that have the ability to deliver and accept delivery, respectively, in connection with the line of business of the seller and buyer; or (IV) an agreement, contract, or trans- action that is listed on a national securi- ties exchange registered under section 6(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78f(a)); or (V) an identified banking product, as defined in section 27(b) of this title. (iii) Enforcement Sections 6(a), 6(b), and 6b of this title apply to any agreement, contract, or transaction described in clause (i), as if the agreement, contract, or transaction was a contract of sale of a commodity for future delivery. (iv) Eligible commercial entity For purposes of this subparagraph, an agricultural producer, packer, or handler shall be considered to be an eligible com- mercial entity for any agreement, con- tract, or transaction for a commodity in connection with the line of business of the agricultural producer, packer, or handler. (E) Prohibition (i) Definition of Federal regulatory agency In this subparagraph, the term ‘‘Federal regulatory agency’’ means— (I) the Commission; (II) the Securities and Exchange Com- mission; (III) an appropriate Federal banking agency; (IV) the National Credit Union Asso- ciation; and (V) the Farm Credit Administration. (ii) Prohibition (I) In general Except as provided in subclause (II), a person described in subparagraph (B)(i)(II) for which there is a Federal reg- ulatory agency shall not offer to, or enter into with, a person that is not an eligible contract participant, any agree- ment, contract, or transaction in foreign currency described in subparagraph (B)(i)(I) except pursuant to a rule or reg- ulation of a Federal regulatory agency allowing the agreement, contract, or transaction under such terms and condi- tions as the Federal regulatory agency shall prescribe. (II) Effective date With regard to persons described in subparagraph (B)(i)(II) for which a Fed- eral regulatory agency has issued a pro- posed rule concerning agreements, con- tracts, or transactions in foreign cur- rency described in subparagraph (B)(i)(I) prior to July 21, 2010, subclause (I) shall take effect 90 days after July 21, 2010. (iii) Requirements of rules and regulations (I) In general The rules and regulations described in clause (ii) shall prescribe appropriate re- quirements with respect to— (aa) disclosure; (bb) recordkeeping; (cc) capital and margin; (dd) reporting; (ee) business conduct; (ff) documentation; and (gg) such other standards or require- ments as the Federal regulatory agen- cy shall determine to be necessary. (II) Treatment The rules or regulations described in clause (ii) shall treat all agreements, contracts, and transactions in foreign currency described in subparagraph (B)(i)(I), and all agreements, contracts, and transactions in foreign currency that are functionally or economically similar to agreements, contracts, or transactions described in subparagraph (B)(i)(I), similarly. (d) Swaps Nothing in this chapter (other than subpara- graphs (A), (B), (C), (D), (G), and (H) of sub- section (a)(1), subsections (f) and (g), sections 1a, 2(a)(13), 2(c)(2)(A)(ii), 2(e), 2(h), 6(c), 6a, 6b, and 6b–1 of this title, subsections (a), (b), and (g) of section 6c of this title, sections 6d, 6e, 6f, 6g, 6h, 6i, 6j, 6k, 6l, 6m, 6n, 6o, 6p, 6r, 6s, 6t, 7, 7a–1, 7a–2, 7b, and 7b–3 of this title, sections 9 and 13b of this title, sections 13a–1, 13a–2, 12, 12a, and 13 of this title, subsections (e)(2), (f), and (h) of sec- tion 16 of this title, subsections (a) and (b) of section 13c of this title, sections 21, 24, 24a, and 25(a)(4) of this title, and any other provision of this chapter that is applicable to registered en- tities or Commission registrants) governs or ap- plies to a swap. (e) Limitation on participation It shall be unlawful for any person, other than an eligible contract participant, to enter into a swap unless the swap is entered into on, or sub- ject to the rules of, a board of trade designated as a contract market under section 7 of this title. (f) Exclusion for qualifying hybrid instruments (1) In general Nothing in this chapter (other than section 16(e)(2)(B) of this title) governs or is applicable to a hybrid instrument that is predominantly a security. (2) Predominance A hybrid instrument shall be considered to be predominantly a security if— (A) the issuer of the hybrid instrument re- ceives payment in full of the purchase price of the hybrid instrument, substantially con- temporaneously with delivery of the hybrid instrument; (B) the purchaser or holder of the hybrid instrument is not required to make any pay- ment to the issuer in addition to the pur- chase price paid under subparagraph (A), Page 34 TITLE 7—AGRICULTURE § 2 whether as margin, settlement payment, or otherwise, during the life of the hybrid in- strument or at maturity; (C) the issuer of the hybrid instrument is not subject by the terms of the instrument to mark-to-market margining requirements; and (D) the hybrid instrument is not marketed as a contract of sale of a commodity for fu- ture delivery (or option on such a contract) subject to this chapter. (3) Mark-to-market margining requirements For the purposes of paragraph (2)(C), mark- to-market margining requirements do not in- clude the obligation of an issuer of a secured debt instrument to increase the amount of col- lateral held in pledge for the benefit of the purchaser of the secured debt instrument to secure the repayment obligations of the issuer under the secured debt instrument. (g) Application of commodity futures laws (1) No provision of this chapter shall be con- strued as implying or creating any presumption that— (A) any agreement, contract, or transaction that is excluded from this chapter under sub- section (c), (d), (e), (f), or (g) of this section or title IV of the Commodity Futures Moderniza- tion Act of 2000 [7 U.S.C. 27 to 27f], or exempt- ed under subsection (h) of this section or sec- tion 6(c) of this title; or (B) any agreement, contract, or transaction, not otherwise subject to this chapter, that is not so excluded or exempted, is or would otherwise be subject to this chapter. (2) No provision of, or amendment made by, the Commodity Futures Modernization Act of 2000 shall be construed as conferring jurisdiction on the Commission with respect to any such agreement, contract, or transaction, except as expressly provided in section 7a–1 of this title. (h) Clearing requirement (1) In general (A) Standard for clearing It shall be unlawful for any person to en- gage in a swap unless that person submits such swap for clearing to a derivatives clear- ing organization that is registered under this chapter or a derivatives clearing organi- zation that is exempt from registration under this chapter if the swap is required to be cleared. (B) Open access The rules of a derivatives clearing organi- zation described in subparagraph (A) shall— (i) prescribe that all swaps (but not con- tracts of sale of a commodity for future delivery or options on such contracts) sub- mitted to the derivatives clearing organi- zation with the same terms and conditions are economically equivalent within the de- rivatives clearing organization and may be offset with each other within the deriva- tives clearing organization; and (ii) provide for non-discriminatory clear- ing of a swap (but not a contract of sale of a commodity for future delivery or option on such contract) executed bilaterally or on or through the rules of an unaffiliated designated contract market or swap execu- tion facility. (2) Commission review (A) Commission-initiated review (i) The Commission on an ongoing basis shall review each swap, or any group, cat- egory, type, or class of swaps to make a de- termination as to whether the swap or group, category, type, or class of swaps should be required to be cleared. (ii) The Commission shall provide at least a 30-day public comment period regarding any determination made under clause (i). (B) Swap submissions (i) A derivatives clearing organization shall submit to the Commission each swap, or any group, category, type, or class of swaps that it plans to accept for clearing, and provide notice to its members (in a man- ner to be determined by the Commission) of the submission. (ii) Any swap or group, category, type, or class of swaps listed for clearing by a deriva- tive clearing organization as of July 21, 2010, shall be considered submitted to the Com- mission. (iii) The Commission shall— (I) make available to the public submis- sions received under clauses (i) and (ii); (II) review each submission made under clauses (i) and (ii), and determine whether the swap, or group, category, type, or class of swaps described in the submission is re- quired to be cleared; and (III) provide at least a 30-day public com- ment period regarding its determination as to whether the clearing requirement under paragraph (1)(A) shall apply to the submission. (C) Deadline The Commission shall make its determina- tion under subparagraph (B)(iii) not later than 90 days after receiving a submission made under subparagraphs (B)(i) and (B)(ii), unless the submitting derivatives clearing organization agrees to an extension for the time limitation established under this sub- paragraph. (D) Determination (i) In reviewing a submission made under subparagraph (B), the Commission shall re- view whether the submission is consistent with section 7a–1(c)(2) of this title. (ii) In reviewing a swap, group of swaps, or class of swaps pursuant to subparagraph (A) or a submission made under subparagraph (B), the Commission shall take into account the following factors: (I) The existence of significant out- standing notional exposures, trading li- quidity, and adequate pricing data. (II) The availability of rule framework, capacity, operational expertise and re- sources, and credit support infrastructure to clear the contract on terms that are consistent with the material terms and Page 35 TITLE 7—AGRICULTURE § 2 trading conventions on which the contract is then traded. (III) The effect on the mitigation of sys- temic risk, taking into account the size of the market for such contract and the re- sources of the derivatives clearing organi- zation available to clear the contract. (IV) The effect on competition, including appropriate fees and charges applied to clearing. (V) The existence of reasonable legal cer- tainty in the event of the insolvency of the relevant derivatives clearing organization or 1 or more of its clearing members with regard to the treatment of customer and swap counterparty positions, funds, and property. (iii) In making a determination under sub- paragraph (A) or (B)(iii) that the clearing re- quirement shall apply, the Commission may require such terms and conditions to the re- quirement as the Commission determines to be appropriate. (E) Rules Not later than 1 year after July 21, 2010, the Commission shall adopt rules for a de- rivatives clearing organization’s submission for review, pursuant to this paragraph, of a swap, or a group, category, type, or class of swaps, that it seeks to accept for clearing. Nothing in this subparagraph limits the Commission from making a determination under subparagraph (B)(iii) for swaps de- scribed in subparagraph (B)(ii). (3) Stay of clearing requirement (A) In general After making a determination pursuant to paragraph (2)(B), the Commission, on appli- cation of a counterparty to a swap or on its own initiative, may stay the clearing re- quirement of paragraph (1) until the Com- mission completes a review of the terms of the swap (or the group, category, type, or class of swaps) and the clearing arrange- ment. (B) Deadline The Commission shall complete a review undertaken pursuant to subparagraph (A) not later than 90 days after issuance of the stay, unless the derivatives clearing organi- zation that clears the swap, or group, cat- egory, type, or class of swaps agrees to an extension of the time limitation established under this subparagraph. (C) Determination Upon completion of the review undertaken pursuant to subparagraph (A), the Commis- sion may— (i) determine, unconditionally or subject to such terms and conditions as the Com- mission determines to be appropriate, that the swap, or group, category, type, or class of swaps must be cleared pursuant to this subsection if it finds that such clearing is consistent with paragraph (2)(D); or (ii) determine that the clearing require- ment of paragraph (1) shall not apply to the swap, or group, category, type, or class of swaps. (D) Rules Not later than 1 year after July 21, 2010, the Commission shall adopt rules for review- ing, pursuant to this paragraph, a deriva- tives clearing organization’s clearing of a swap, or a group, category, type, or class of swaps, that it has accepted for clearing. (4) Prevention of evasion (A) In general The Commission shall prescribe rules under this subsection (and issue interpreta- tions of rules prescribed under this sub- section) as determined by the Commission to be necessary to prevent evasions of the man- datory clearing requirements under this chapter. (B) Duty of Commission to investigate and take certain actions To the extent the Commission finds that a particular swap, group, category, type, or class of swaps would otherwise be subject to mandatory clearing but no derivatives clear- ing organization has listed the swap, group, category, type, or class of swaps for clearing, the Commission shall— (i) investigate the relevant facts and cir- cumstances; (ii) within 30 days issue a public report containing the results of the investigation; and (iii) take such actions as the Commis- sion determines to be necessary and in the public interest, which may include requir- ing the retaining of adequate margin or capital by parties to the swap, group, cat- egory, type, or class of swaps. (C) Effect on authority Nothing in this paragraph— (i) authorizes the Commission to adopt rules requiring a derivatives clearing orga- nization to list for clearing a swap, group, category, type, or class of swaps if the clearing of the swap, group, category, type, or class of swaps would threaten the financial integrity of the derivatives clear- ing organization; and (ii) affects the authority of the Commis- sion to enforce the open access provisions of paragraph (1)(B) with respect to a swap, group, category, type, or class of swaps that is listed for clearing by a derivatives clearing organization. (5) Reporting transition rules Rules adopted by the Commission under this section shall provide for the reporting of data, as follows: (A) Swaps entered into before July 21, 2010, shall be reported to a registered swap data repository or the Commission no later than 180 days after the effective date of this sub- section. (B) Swaps entered into on or after July 21, 2010, shall be reported to a registered swap data repository or the Commission no later than the later of— (i) 90 days after such effective date; or (ii) such other time after entering into the swap as the Commission may prescribe by rule or regulation. Page 36 TITLE 7—AGRICULTURE § 2 8 So in original. Probably should be ‘‘governmental’’. (6) Clearing transition rules (A) Swaps entered into before July 21, 2010, are exempt from the clearing requirements of this subsection if reported pursuant to para- graph (5)(A). (B) Swaps entered into before application of the clearing requirement pursuant to this sub- section are exempt from the clearing require- ments of this subsection if reported pursuant to paragraph (5)(B). (7) Exceptions (A) In general The requirements of paragraph (1)(A) shall not apply to a swap if 1 of the counterparties to the swap— (i) is not a financial entity; (ii) is using swaps to hedge or mitigate commercial risk; and (iii) notifies the Commission, in a man- ner set forth by the Commission, how it generally meets its financial obligations associated with entering into non-cleared swaps. (B) Option to clear The application of the clearing exception in subparagraph (A) is solely at the discre- tion of the counterparty to the swap that meets the conditions of clauses (i) through (iii) of subparagraph (A). (C) Financial entity definition (i) In general For the purposes of this paragraph, the term ‘‘financial entity’’ means— (I) a swap dealer; (II) a security-based swap dealer; (III) a major swap participant; (IV) a major security-based swap par- ticipant; (V) a commodity pool; (VI) a private fund as defined in sec- tion 80b–2(a) of title 15; (VII) an employee benefit plan as de- fined in paragraphs (3) and (32) of section 1002 of title 29; (VIII) a person predominantly engaged in activities that are in the business of banking, or in activities that are finan- cial in nature, as defined in section 1843(k) of title 12. (ii) Exclusion The Commission shall consider whether to exempt small banks, savings associa- tions, farm credit system institutions, and credit unions, including— (I) depository institutions with total assets of $10,000,000,000 or less; (II) farm credit system institutions with total assets of $10,000,000,000 or less; or (III) credit unions with total assets of $10,000,000,000 or less. (iii) Limitation Such definition shall not include an enti- ty whose primary business is providing fi- nancing, and uses derivatives for the pur- pose of hedging underlying commercial risks related to interest rate and foreign currency exposures, 90 percent or more of which arise from financing that facilitates the purchase or lease of products, 90 per- cent or more of which are manufactured by the parent company or another subsidiary of the parent company. (D) Treatment of affiliates (i) In general An affiliate of a person that qualifies for an exception under subparagraph (A) (in- cluding affiliate entities predominantly engaged in providing financing for the pur- chase of the merchandise or manufactured goods of the person) may qualify for the exception only if the affiliate— (I) enters into the swap to hedge or mitigate the commercial risk of the per- son or other affiliate of the person that is not a financial entity, and the com- mercial risk that the affiliate is hedging or mitigating has been transferred to the affiliate; (II) is directly and wholly-owned by an- other affiliate qualified for the exception under this subparagraph or an entity that is not a financial entity; (III) is not indirectly majority-owned by a financial entity; (IV) is not ultimately owned by a par- ent company that is a financial entity; and (V) does not provide any services, fi- nancial or otherwise, to any affiliate that is a nonbank financial company su- pervised by the Board of Governors (as defined under section 5311 of title 12). (ii) Limitation on qualifying affiliates The exception in clause (i) shall not apply if the affiliate is— (I) a swap dealer; (II) a security-based swap dealer; (III) a major swap participant; (IV) a major security-based swap par- ticipant; (V) a commodity pool; (VI) a bank holding company; (VII) a private fund, as defined in sec- tion 80b–2(a) of title 15; (VIII) an employee benefit plan or gov- ernment 8 plan, as defined in paragraphs (3) and (32) of section 1002 of title 29; (IX) an insured depository institution; (X) a farm credit system institution; (XI) a credit union; (XII) a nonbank financial company su- pervised by the Board of Governors (as defined under section 5311 of title 12); or (XIII) an entity engaged in the busi- ness of insurance and subject to capital requirements established by an insur- ance governmental authority of a State, a territory of the United States, the Dis- trict of Columbia, a country other than the United States, or a political subdivi- sion of a country other than the United States that is engaged in the supervision of insurance companies under insurance law. Page 37 TITLE 7—AGRICULTURE § 2 9 So in original. Probably should be preceded by ‘‘section’’. (iii) Limitation on affiliates’ affiliates Unless the Commission determines, by order, rule, or regulation, that it is in the public interest, the exception in clause (i) shall not apply with respect to an affiliate if the affiliate is itself affiliated with— (I) a major security-based swap partici- pant; (II) a security-based swap dealer; (III) a major swap participant; or (IV) a swap dealer. (iv) Conditions on transactions With respect to an affiliate that qualifies for the exception in clause (i)— (I) the affiliate may not enter into any swap other than for the purpose of hedg- ing or mitigating commercial risk; and (II) neither the affiliate nor any person affiliated with the affiliate that is not a financial entity may enter into a swap with or on behalf of any affiliate that is a financial entity or otherwise assume, net, combine, or consolidate the risk of swaps entered into by any such financial entity, except one that is an affiliate that qualifies for the exception under clause (i). (v) Transition rule for affiliates An affiliate, subsidiary, or a wholly owned entity of a person that qualifies for an exception under subparagraph (A) and is predominantly engaged in providing fi- nancing for the purchase or lease of mer- chandise or manufactured goods of the per- son shall be exempt from the margin re- quirement described in section 6s(e) of this title and the clearing requirement de- scribed in paragraph (1) with regard to swaps entered into to mitigate the risk of the financing activities for not less than a 2-year period beginning on July 21, 2010. (vi) Risk management program Any swap entered into by an affiliate that qualifies for the exception in clause (i) shall be subject to a centralized risk management program of the affiliate, which is reasonably designed both to mon- itor and manage the risks associated with the swap and to identify each of the affili- ates on whose behalf a swap was entered into. (E) Election of counterparty (i) Swaps required to be cleared With respect to any swap that is subject to the mandatory clearing requirement under this subsection and entered into by a swap dealer or a major swap participant with a counterparty that is not a swap dealer, major swap participant, security- based swap dealer, or major security-based swap participant, the counterparty shall have the sole right to select the deriva- tives clearing organization at which the swap will be cleared. (ii) Swaps not required to be cleared With respect to any swap that is not sub- ject to the mandatory clearing require- ment under this subsection and entered into by a swap dealer or a major swap par- ticipant with a counterparty that is not a swap dealer, major swap participant, secu- rity-based swap dealer, or major security- based swap participant, the counterparty— (I) may elect to require clearing of the swap; and (II) shall have the sole right to select the derivatives clearing organization at which the swap will be cleared. (F) Abuse of exception The Commission may prescribe such rules or issue interpretations of the rules as the Commission determines to be necessary to prevent abuse of the exceptions described in this paragraph. The Commission may also request information from those persons claiming the clearing exception as necessary to prevent abuse of the exceptions described in this paragraph. (8) Trade execution (A) In general With respect to transactions involving swaps subject to the clearing requirement of paragraph (1), counterparties shall— (i) execute the transaction on a board of trade designated as a contract market under section 7 of this title; or (ii) execute the transaction on a swap execution facility registered under 7b–3 9 of this title or a swap execution facility that is exempt from registration under section 7b–3(f) of this title. (B) Exception The requirements of clauses (i) and (ii) of subparagraph (A) shall not apply if no board of trade or swap execution facility makes the swap available to trade or for swap transactions subject to the clearing excep- tion under paragraph (7). (i) Applicability The provisions of this chapter relating to swaps that were enacted by the Wall Street Transparency and Accountability Act of 2010 (including any rule prescribed or regulation pro- mulgated under that Act), shall not apply to ac- tivities outside the United States unless those activities— (1) have a direct and significant connection with activities in, or effect on, commerce of the United States; or (2) contravene such rules or regulations as the Commission may prescribe or promulgate as are necessary or appropriate to prevent the evasion of any provision of this chapter that was enacted by the Wall Street Transparency and Accountability Act of 2010. (j) Committee approval by Board Exemptions from the requirements of sub- section (h)(1) to clear a swap and subsection (h)(8) to execute a swap through a board of trade or swap execution facility shall be available to a counterparty that is an issuer of securities that are registered under section 12 of the Secu- Page 38 TITLE 7—AGRICULTURE § 2 rities Exchange Act of 1934 (15 U.S.C. 78l) or that is required to file reports pursuant to section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78o[d]) only if an appropriate committee of the issuer’s board or governing body has re- viewed and approved its decision to enter into swaps that are subject to such exemptions. (Sept. 21, 1922, ch. 369, § 2, 42 Stat. 998; June 15, 1936, ch. 545, §§ 2, 3, 49 Stat. 1491; Apr. 7, 1938, ch. 108, 52 Stat. 205; Oct. 9, 1940, ch. 786, § 1, 54 Stat. 1059; Aug. 28, 1954, ch. 1041, title VII, § 710(a), 68 Stat. 913; July 26, 1955, ch. 382, § 1, 69 Stat. 375; Pub. L. 90–258, § 1, Feb. 19, 1968, 82 Stat. 26; Pub. L. 90–418, July 23, 1968, 82 Stat. 413; Pub. L. 93–463, title I, § 101(a), title II, §§ 201, 202, Oct. 23, 1974, 88 Stat. 1389, 1395; Pub. L. 95–405, § 2, Sept. 30, 1978, 92 Stat. 865; Pub. L. 97–444, title I, § 101, title II, §§ 201, 202, Jan. 11, 1983, 96 Stat. 2294, 2297, 2298; Pub. L. 99–641, title I, § 110(1), Nov. 10, 1986, 100 Stat. 3561; Pub. L. 102–546, title II, §§ 209(b)(1), 215, 226, title IV, § 404(b), title V, § 501, Oct. 28, 1992, 106 Stat. 3606, 3611, 3618, 3628; Pub. L. 106–554, § 1(a)(5) [title I, §§ 102—105(b), 106, 107, 123(a)(2), title II, § 251(a), (b), (i), (j)], Dec. 21, 2000, 114 Stat. 2763, 2763A–376 to 2763A–379, 2763A–382, 2763A–405, 2763A–436, 2763A–441, 2763A–445; Pub. L. 107–171, title X, § 10702(a), May 13, 2002, 116 Stat. 516; Pub. L. 110–234, title XIII, §§ 13101(a), 13201(b), 13203(c)–(f), May 22, 2008, 122 Stat. 1427, 1436, 1439; Pub. L. 110–246, § 4(a), title XIII, §§ 13101(a), 13201(b), 13203(c)–(f), June 18, 2008, 122 Stat. 1664, 2189, 2198, 2201; Pub. L. 111–203, title VII, §§ 717(a), 721(e)(1), 722(a), (c)–(e), 723(a), (b), 727, 734(b)(1), 741(b)(8), (9), 742(a), (c), 751, July 21, 2010, 124 Stat. 1651, 1671–1673, 1675, 1681, 1696, 1718, 1731–1733, 1749; Pub. L. 114–113, div. O, title VII, § 705(a), Dec. 18, 2015, 129 Stat. 3025; Pub. L. 117–286, § 4(a)(19), Dec. 27, 2022, 136 Stat. 4307.) Editorial Notes REFERENCES IN TEXT The Wall Street Transparency and Accountability Act of 2010, referred to in subsecs. (a)(1)(A), (G)(i), (H) and (i), is title VII of Pub. L. 111–203, July 21, 2010, 124 Stat. 1641, which enacted chapter 109 (§ 8301 et seq.) of Title 15, Commerce and Trade, and enacted and amend- ed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of Title 15 and Tables. Section 77b(1) of title 15, referred to in subsec. (a)(1)(C)(i)(I), was redesignated section 77b(a)(1) of title 15 by Pub. L. 104–290, title I, § 106(a)(1), Oct. 11, 1996, 110 Stat. 3424. The Securities Exchange Act of 1934, referred to in subsec. (a)(1)(D)(i)(VI), (iii)(II), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is classified prin- cipally to chapter 2B (§ 78a et seq.) of Title 15, Com- merce and Trade. For complete classification of this Act to the Code, see section 78a of Title 15 and Tables. The date of the enactment of this clause and such date of enactment, referred to in subsec. (c)(2)(B)(ii), are the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. Item (ee) of subsec. (c)(2)(B)(i)(II), referred to in sub- sec. (c)(2)(B)(iii), (iv)(I), (II)(aa), (C)(i)(I)(aa), (ii)(II)(aa), (iii)(I), (II)(aa), was redesignated item (dd) by Pub. L. 111–203, title VII, § 742(c)(1)(C), July 21, 2010, 124 Stat. 1733. Item (gg) of subsec. (c)(2)(B)(i)(II), referred to in sub- sec. (c)(2)(B)(iii), (iv)(I), (III), (v), was redesignated item (ff) by Pub. L. 111–203, title VII, § 742(c)(1)(C), July 21, 2010, 124 Stat. 1733. The Commodity Futures Modernization Act of 2000, referred to in subsec. (g)(1)(A), (2), is H.R. 5660, as en- acted by Pub. L. 106–554, § 1(a)(5), Dec. 21, 2000, 114 Stat. 2763, 2763A–365. Title IV of the Act, known as the Legal Certainty for Bank Products Act of 2000, is classified to sections 27 to 27f of this title. For complete classifica- tion of this Act to the Code, see Short Title of 2000 Amendment note set out under section 1 of this title, and Tables. For the effective date of this subsection and such ef- fective date, referred to in subsec. (h)(5)(A), (B)(i), see Effective Date of 2010 Amendment note below. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. Subsec. (a)(1)(B) of this section was formerly classi- fied to section 4 of this title. Subsec. (a)(1)(C) of this section was formerly classified to section 2a of this title. Subsec. (a)(2) to (11) of this section was formerly classified to section 4a of this title. Subsec. (b) of this section was formerly classified to section 3 of this title. AMENDMENTS 2022—Subsec. (a)(15)(E). Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘FACA’’ in heading and ‘‘chapter 10 of title 5.’’ for ‘‘the Federal Advisory Com- mittee Act (5 U.S.C. App.).’’ in text. 2015—Subsec. (h)(7)(D). Pub. L. 114–113 added cls. (i) to (iv) and (vi), redesignated former cl. (iii) as (v), and struck out former cls. (i) and (ii) which related to ap- plication of exception to affiliates and prohibition re- lating to certain affiliates, respectively. 2010—Subsec. (a)(1)(A). Pub. L. 111–203, § 734(b)(1)(A), which directed amendment of subpar. (A) by striking ‘‘or 7a’’, could not be executed because of prior amend- ment by Pub. L. 111–203, § 722(a)(1). See below. Pub. L. 111–203, § 722(a)(1), inserted ‘‘the Wall Street Transparency and Accountability Act of 2010 (including an amendment made by that Act) and’’ after ‘‘other- wise provided in’’ and substituted ‘‘(C), (D), and (I)’’ for ‘‘(C) and (D)’’, ‘‘(c) and (f)’’ for ‘‘(c) through (i) of this section’’, ‘‘swaps or contracts of sale’’ for ‘‘contracts of sale’’, and ‘‘pursuant to section 7 of this title or a swap execution facility pursuant to section 7b–3 of this title’’ for ‘‘or derivatives transaction execution facility reg- istered pursuant to section 7 or 7a of this title’’. Subsec. (a)(1)(C)(i). Pub. L. 111–203, § 717(a), designated existing provisions as subcl. (I), substituted ‘‘Except as provided in subclause (II), this’’ for ‘‘This’’, and added subcl. (II). Subsec. (a)(1)(G), (H). Pub. L. 111–203, § 722(a)(2), added subpars. (G) and (H). Subsec. (a)(1)(I). Pub. L. 111–203, § 722(e), added subpar. (I). Subsec. (a)(13), (14). Pub. L. 111–203, § 727, added pars. (13) and (14). Subsec. (a)(15). Pub. L. 111–203, § 751, added par. (15). Subsec. (c)(1). Pub. L. 111–203, § 742(a)(1), substituted ‘‘, 7a–1, or 16(e)(2)(B) of this title)’’ for ‘‘7a (to the ex- tent provided in section 7a(g) of this title), 7a–1, 7a–3, or 16(e)(2)(B) of this title)’’. Subsec. (c)(2)(A)(ii), (iii). Pub. L. 111–203, § 722(c), added cl. (ii) and redesignated former cl. (ii) as (iii). Subsec. (c)(2)(B). Pub. L. 111–203, § 741(b)(8)(A), struck out ‘‘(dd),’’ before ‘‘(ee),’’ wherever appearing. Subsec. (c)(2)(B)(i)(II)(aa). Pub. L. 111–203, § 742(c)(1)(A), inserted ‘‘United States’’ before ‘‘finan- cial institution’’. Subsec. (c)(2)(B)(i)(II)(cc). Pub. L. 111–203, § 721(e)(1)(A), substituted ‘‘section 1a’’ for ‘‘section 1a(20)’’ in two places. Subsec. (c)(2)(B)(i)(II)(dd). Pub. L. 111–203, § 742(c)(1)(B)–(D), redesignated item (ee) as (dd), sub- stituted ‘‘; or’’ for semicolon at end, and struck out former item (dd) which read as follows: ‘‘an insurance company described in section 1a(18)(A)(ii) of this title, Page 39 TITLE 7—AGRICULTURE § 2 or a regulated subsidiary or affiliate of such an insur- ance company;’’. Pub. L. 111–203, § 721(e)(1)(B), substituted ‘‘section 1a(18)(A)(ii)’’ for ‘‘section 1a(12)(A)(ii)’’. Subsec. (c)(2)(B)(i)(II)(ee) to (gg). Pub. L. 111–203, § 742(c)(1)(B), (C), redesignated items (ee) and (gg) as (dd) and (ff), respectively, and struck out former item (ff) which read as follows: ‘‘an investment bank holding company (as defined in section 17(i) of the Securities Exchange Act of 1934 (15 U.S.C. 78q(i))); or’’. Subsec. (c)(2)(B)(iii). Pub. L. 111–203, § 741(b)(8)(B), in- serted ‘‘, and accounts or pooled investment vehicles described in clause (vi),’’ before ‘‘shall be subject to’’. Subsec. (c)(2)(B)(vi). Pub. L. 111–203, § 741(b)(8)(C), added cl. (vi). Subsec. (c)(2)(C). Pub. L. 111–203, § 741(b)(9)(A), struck out ‘‘(dd),’’ before ‘‘(ee),’’ wherever appearing. Subsec. (c)(2)(C)(ii)(I). Pub. L. 111–203, § 741(b)(9)(B), inserted ‘‘, and accounts or pooled investment vehicles described in clause (vii),’’ before ‘‘shall be subject to’’. Subsec. (c)(2)(C)(vii). Pub. L. 111–203, § 741(b)(9)(C), added cl. (vii). Subsec. (c)(2)(D). Pub. L. 111–203, § 742(a)(2), added sub- par. (D). Subsec. (c)(2)(E). Pub. L. 111–203, § 742(c)(2), added sub- par. (E). Subsecs. (d), (e). Pub. L. 111–203, § 723(a)(1)(A), (2), added subsecs. (d) and (e) and struck out former sub- secs. (d) and (e) which related to excluded derivative transactions and excluded electronic trading facilities, respectively. Subsec. (g). Pub. L. 111–203, § 723(a)(1), redesignated subsec. (i) as (g) and struck out former subsec. (g) which related to excluded swap transactions. Subsec. (g)(2). Pub. L. 111–203, § 734(b)(1)(B), sub- stituted ‘‘section 7a–1 of this title’’ for ‘‘section 7a of this title (to the extent provided in section 7a(g) of this title), 7a–1 of this title, or 7a–3 of this title’’. Subsec. (h). Pub. L. 111–203, § 723(a)(1)(A), (3), added subsec. (h) and struck out former subsec. (h) which re- lated to legal certainty for certain transactions in ex- empt commodities. Subsec. (i). Pub. L. 111–203, § 723(a)(1)(B), which di- rected redesignation of subsec. (i) as (g), was executed by redesignating the subsec. (i) added by Pub. L. 106–554, § 1(a)(5) [title I, § 107], relating to application of commodity futures laws, as (g), to reflect the probable intent of Congress. Another subsec. (i), relating to ap- plicability of certain swaps provisions, was added by Pub. L. 111–203, § 722(d). See below. Pub. L. 111–203, § 722(d), added subsec. (i) relating to applicability of certain swaps provisions. Subsec. (j). Pub. L. 111–203, § 723(b), added subsec. (j). 2008—Subsec. (a)(1)(A). Pub. L. 110–246, § 13203(c), in- serted ‘‘(including significant price discovery con- tracts)’’ after ‘‘future delivery’’. Subsec. (c)(2)(B), (C). Pub. L. 110–246, § 13101(a), added subpars. (B) and (C) and struck out former subpars. (B) and (C) which related to: in subpar. (B), applicability of chapter to an agreement, contract, or transaction in foreign currency that was a contract of sale of a com- modity for future delivery or an option on such a con- tract and was offered to, or entered into with, a person who was not an eligible contract participant, unless the counterparty, or the person offering to be the counterparty, of the person was a financial institution, a registered broker or dealer or a registered futures commission merchant, an associated person of a reg- istered broker or dealer or an affiliated person of a reg- istered futures commission merchant, an insurance company or a regulated subsidiary or affiliate of such an insurance company, a financial holding company, or an investment bank holding company; and, in subpar. (C), applicability of sections 6b, 6c(b), 9, 12(a), 13a–1, 13a–2, 13b, and 15 of this title to agreements, contracts, or transactions described in former subpar. (B). Subsec. (h)(3). Pub. L. 110–246, § 13203(d), substituted ‘‘paragraphs (4) and (7)’’ for ‘‘paragraph (4)’’ in intro- ductory provisions. Subsec. (h)(4)(B). Pub. L. 110–246, § 13203(e)(1), inserted ‘‘and, for a significant price discovery contract, requir- ing large trader reporting,’’ after ‘‘proscribing fraud’’. Subsec. (h)(4)(D), (E). Pub. L. 110–246, § 13203(e)(2), (3), added subpars. (D) and (E) and struck out former sub- par. (D) which read as follows: ‘‘such rules and regula- tions as the Commission may prescribe if necessary to ensure timely dissemination by the electronic trading facility of price, trading volume, and other trading data to the extent appropriate, if the Commission de- termines that the electronic trading facility performs a significant price discovery function for transactions in the cash market for the commodity underlying any agreement, contract, or transaction executed or traded on the electronic trading facility.’’ Subsec. (h)(5)(B)(iii)(I). Pub. L. 110–246, § 13203(f), in- serted ‘‘or to make the determination described in sub- paragraph (B) of paragraph (7)’’ after ‘‘paragraph (4)’’. Subsec. (h)(7). Pub. L. 110–246, § 13201(b), added par. (7). 2002—Subsec. (a)(7) to (12). Pub. L. 107–171 added par. (7) and redesignated former pars. (7) to (11) as (8) to (12), respectively. 2000—Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(A)], inserted section catchline. Subsec. (a). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(A)], inserted headings for subsec. (a) and par. (1). Subsec. (a)(1)(A). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(B)(i)(II)], substituted ‘‘contract market des- ignated or derivatives transaction execution facility registered pursuant to section 7 or 7a of this title’’ for ‘‘contract market designated pursuant to section 7 of this title’’. Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(B)(i)(I)], which directed substitution of ‘‘subparagraphs (C) and (D) of this paragraph and subsections (c) through (i) of this section’’ for ‘‘subparagraph (B) of this subpara- graph’’, was executed by making the substitution for ‘‘subparagraph (B) of this paragraph’’ to reflect the probable intent of Congress. Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(A)], inserted heading and struck out ‘‘(i)’’ before ‘‘The Commission shall have’’. Subsec. (a)(1)(A)(ii). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(B)(i)(III)], struck out cl. (ii) which read as fol- lows: ‘‘Nothing in this chapter shall be deemed to gov- ern or in any way be applicable to transactions in for- eign currency, security warrants, security rights, re- sales of installment loan contracts, repurchase options, government securities, or mortgages and mortgage pur- chase commitments, unless such transactions involve the sale thereof for future delivery conducted on a board of trade.’’ Subsec. (a)(1)(B). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(B)(i)(IV)], redesignated subsec. (a)(1)(A)(iii) as subsec. (a)(1)(B) and inserted heading. Former subsec. (a)(1)(B) redesignated (a)(1)(C). Subsec. (a)(1)(C). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(B)(ii)(I)], redesignated subpar. (B) as (C). Subsec. (a)(1)(C)(i). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(B)(ii)(III)], adjusted margins. Subsec. (a)(1)(C)(ii). Pub. L. 106–554, § 1(a)(5) [title II, § 251(a)(1)(A)(iii)], substituted ‘‘or the derivatives trans- action execution facility, and the applicable contract, meet’’ for ‘‘making such application demonstrates and the Commission expressly finds that the specific con- tract (or option on such contract) with respect to which the application has been made meets’’ in intro- ductory provisions. Pub. L. 106–554, § 1(a)(5) [title II, § 251(a)(1)(A)(ii)], which directed insertion of ‘‘, and no derivatives trans- action execution facility shall trade or execute such contracts of sale (or options on such contracts) for fu- ture delivery,’’ after ‘‘contracts) for future delivery’’, was executed by making the insertion in the proviso in introductory provisions to reflect the probable intent of Congress. Pub. L. 106–554, § 1(a)(5) [title II, § 251(a)(1)(A)(i)], in- serted ‘‘or register a derivatives transaction execution facility that trades or executes,’’ after ‘‘contract mar- ket in,’’ in introductory provisions. Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(B)(ii)(III)], adjusted margins. Page 40 TITLE 7—AGRICULTURE § 2 Subsec. (a)(1)(C)(ii)(III). Pub. L. 106–554, § 1(a)(5) [title II, § 251(a)(1)(A)(iv)], added subcl. (III) and struck out former subcl. (III) which read as follows: ‘‘Such group or index of securities shall be predominately composed of the securities of unaffiliated issuers and shall be a widely published measure of, and shall reflect, the mar- ket for all publicly traded equity or debt securities or a substantial segment thereof, or shall be comparable to such measure.’’ Subsec. (a)(1)(C)(iii). Pub. L. 106–554, § 1(a)(5) [title II, § 251(a)(1)(B), (C)], added cl. (iii) and struck out former cl. (iii) which read as follows: ‘‘Upon application by a board of trade for designation as a contract market with respect to any contract of sale (or option on such contract) for future delivery involving a group or index of securities, the Commission shall provide an oppor- tunity for public comment on whether such contracts (or options on such contracts) meet the minimum re- quirements set forth in clause (ii) of this subpara- graph.’’ Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(B)(ii)(III)], adjusted margins. Subsec. (a)(1)(C)(iv). Pub. L. 106–554, § 1(a)(5) [title II, § 251(a)(1)(C), (D)], redesignated cl. (v) as (iv) and struck out former cl. (iv) which related to consultation by the Commission with, and the authority of, the Securities and Exchange Commission with respect to approval of any application by a Board of Trade for designation as a contract market with respect to any contract of sale (or option of such contract) for future delivery of a group or index of securities. Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(B)(ii)(III)], adjusted margins. Subsec. (a)(1)(C)(v). Pub. L. 106–554, § 1(a)(5) [title II, § 251(b)(2)], redesignated cl. (vi) as (v), added subcls. (I) to (V), and struck out former subcls. (I) to (IV) which required any contract market in a stock index futures contract (or option thereon) to file with the Board of Governors of the Federal Reserve System any rule es- tablishing or changing the levels of margin for the stock index futures contract (or option thereon), au- thorized the Board to request any contract market to set the margins at certain levels, authorized the Board to delegate its authority under this clause to the Com- mission, and preserved the authority of the Commis- sion to raise temporary emergency margin levels. Pub. L. 106–554, § 1(a)(5) [title II, § 251(a)(1)(D)], redes- ignated cl. (v) as (iv). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(B)(ii)(II), (III)], struck out ‘‘section 77c of title 15’’ after ‘‘ex- empted security under’’, inserted ‘‘or subparagraph (D)’’ after ‘‘subparagraph’’, and adjusted margins. Subsec. (a)(1)(C)(vi). Pub. L. 106–554, § 1(a)(5) [title II, § 251(b)(2)], redesignated cl. (vi) as (v). Pub. L. 106–554, § 1(a)(5) [title II, § 251(b)(1)], redesig- nated subcl. (V) as (VI). Subsec. (a)(1)(D). Pub. L. 106–554, § 1(a)(5) [title II, § 251(a)(2)], added subpar. (D). Subsec. (a)(1)(E). Pub. L. 106–554, § 1(a)(5) [title II, § 251(i)], added subpar. (E). Subsec. (a)(1)(F). Pub. L. 106–554, § 1(a)(5) [title II, § 251(j)], added subpar. (F). Subsec. (a)(2) to (6). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(E)], adjusted margins. Subsec. (a)(7). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(C), (E)], substituted ‘‘registered entity’’ for ‘‘contract market’’ and adjusted margins. Subsec. (a)(8). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(E)], adjusted margins. Subsec. (a)(8)(B)(ii). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(D)(iii)], in last sentence, substituted ‘‘desig- nating, registering, or refusing, suspending, or revok- ing the designation or registration of, a board of trade as a contract market or derivatives transaction execu- tion facility involving transactions for future delivery referred to in this clause or in considering any possible action under this chapter (including without limitation emergency action under section 12a(9) of this title)’’ for ‘‘designating, or refusing, suspending, or revoking the designation of, a board of trade as a contract market involving transactions for future delivery referred to in this clause or in considering possible emergency action under section 12a(9) of this title’’ and ‘‘designation, reg- istration, suspension, revocation, or action’’ for ‘‘des- ignation, suspension, revocation, or emergency ac- tion’’. Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(D)(ii)], sub- stituted ‘‘designate or register a board of trade as a contract market or derivatives transaction execution facility’’ for ‘‘designate a board of trade as a contract market’’ in second sentence. Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(D)(i)], sub- stituted ‘‘designation or registration as a contract market or derivatives transaction execution facility’’ for ‘‘designation as a contract market’’ in first sen- tence. Subsec. (a)(9). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(2)(E)], adjusted margins. Subsec. (c). Pub. L. 106–554, § 1(a)(5) [title I, § 102], added subsec. (c). Subsec. (d). Pub. L. 106–554, § 1(a)(5) [title I, § 103], added subsec. (d). Subsec. (e). Pub. L. 106–554, § 1(a)(5) [title I, § 104], added subsec. (e). Subsec. (f). Pub. L. 106–554, § 1(a)(5) [title I, § 105(a)], added subsec. (f). Subsec. (g). Pub. L. 106–554, § 1(a)(5) [title I, § 105(b)], added subsec. (g). Subsec. (h). Pub. L. 106–554, § 1(a)(5) [title I, § 106], added subsec. (h). Subsec. (i). Pub. L. 106–554, § 1(a)(5) [title I, § 107], added subsec. (i). 1992—Subsec. (a)(1)(A). Pub. L. 102–546, § 404(b)(2)–(7), redesignated cls. (i) and (ii) of former third sentence as subcls. (I) and (II), respectively, designated former fifth sentence as cl. (ii), designated former eighth sentence as cl. (iii), and struck out former sixth, seventh, and ninth through last sentences, which included defini- tions of ‘‘future delivery’’, ‘‘board of trade’’, ‘‘inter- state commerce’’, ‘‘cooperative association of pro- ducers’’, ‘‘member of a contract market’’, ‘‘futures commission merchant’’, ‘‘introducing broker’’, ‘‘floor broker’’, ‘‘the Commission’’, ‘‘commodity trading advi- sor’’, and ‘‘commodity pool operator’’. See section 1a of this title. Pub. L. 102–546, § 404(b)(1), which directed the substi- tution of ‘‘(i) The Commission’’ for the words ‘‘For the purposes’’ and all that followed through ‘‘; Provided, That the Commission’’, was executed by making the substitution for the first and second sentences and the third sentence through the words ‘‘: Provided, That the Commission’’, to reflect the probable intent of Con- gress. Prior to amendment, the first, second, and third sentences included definitions of ‘‘contract of sale’’, ‘‘person’’, and ‘‘commodity’’. See section 1a of this title. Subsec. (a)(1)(B)(iv)(I). Pub. L. 102–546, § 209(b)(1)(A), made technical amendment to reference to section 9 of this title appearing in penultimate sentence to reflect change in reference to corresponding section of original act. Subsec. (a)(1)(B)(iv)(II). Pub. L. 102–546, § 209(b)(1)(B), substituted ‘‘section 8(b)’’ for ‘‘section 8’’. Subsec. (a)(1)(B)(vi). Pub. L. 102–546, § 501, added cl. (vi). Subsec. (a)(2)(A). Pub. L. 102–546, § 215, substituted second and third sentences for ‘‘The Commission shall be composed of five Commissioners, who shall be ap- pointed by the President, by and with the advice and consent of the Senate. In nominating persons for ap- pointment, the President shall seek to establish and maintain a balanced Commission, including, but not limited to, persons of demonstrated knowledge in fu- tures trading or its regulation and persons of dem- onstrated knowledge in the production, merchandising, processing or distribution of one or more of the com- modities or other goods and articles, services, rights and interests covered by this chapter.’’ Subsec. (a)(9)(C). Pub. L. 102–546, § 226, added subpar. (C). Page 41 TITLE 7—AGRICULTURE § 2 1986—Subsec. (a)(1)(B)(iv)(I). Pub. L. 99–641 sub- stituted ‘‘Securities and Exchange Commission’’ for ‘‘Securities Exchange Commission’’ before ‘‘otherwise agree’’. 1983—Subsec. (a)(1). Pub. L. 97–444, § 101, designated existing provisions as subpar. (A), inserted in third sen- tence, first proviso, ‘‘, except to the extent otherwise provided in subparagraph (B) of this paragraph,’’ after ‘‘exclusive jurisdiction’’, and added subpar. (B). Subsec. (a)(1)(A). Pub. L. 97–444, § 201, inserted defini- tion of ‘‘introducing broker’’ and, in revising definition of ‘‘commodity training advisor’’, included any person advising others through electronic media; substituted provision respecting advising others ‘‘as to the value of or the advisability of trading in any contract of sale of a commodity for future delivery made or to be made on or subject to the rules of a contract market, any com- modity option authorized under section 6c of this title, or any leverage transaction authorized under section 23 of this title, or who, for compensation or profit, and as part of a regular business, issues or promulgates anal- yses or reports concerning any of the foregoing’’ for provision respecting advising others ‘‘as to the value of commodities or as to the advisability of trading in any commodity for future delivery on or subject to the rules of any market, or who for compensation or profit, and as part of a regular business, issues or promulgates analyses or reports concerning commodities’’; excluded in item (i) any person acting as an employee of any bank or trust company; substituted in cl. (ii) ‘‘news re- porter, news columnist, or news editor of the print or electronic media’’ for ‘‘newspaper reporter, newspaper columnist, newspaper editor’’; substituted in cl. (iv) ‘‘the publisher or producer of any print or electronic data of general and regular dissemination, including its employees’’ for ‘‘the publisher of any bona fide news- paper magazine, or business or financial publication of general and regular circulation including their employ- ees’’; inserted item (v); redesignated as items (vi) and (vii) former items (v) and (vi); and authorized Commis- sion to effectuate purposes of definition by rule or reg- ulation by including within definition any person ad- vising as to the value of commodities or issuing reports or analyses concerning commodities. Subsec. (a)(7). Pub. L. 97–444, § 202, struck out ‘‘(A)’’ after ‘‘(7)’’ and struck out subpar. (B) which prohibited any representative activities before the Commission for a one year period upon termination of employment oc- curring on a day more than four months after Sept. 30, 1978, of any Commissioner or employee of the Commis- sion having a GS–16 or higher classified position ex- cepted from the competitive service because of its con- fidential or policymaking character. 1978—Subsec. (a)(1). Pub. L. 95–405, § 2(1), substituted ‘‘section 23 of this title’’ for ‘‘section 15a of this title’’. Subsec. (a)(2). Pub. L. 95–405, § 2(2)–(5), designated ex- isting provisions as subpar. (A) and substituted ‘‘five Commissioners’’ for ‘‘a chairman and four other Com- missioners’’, ‘‘(i)’’ for ‘‘(A)’’, and ‘‘(ii)’’ for ‘‘(B)’’, and added subpar. (B). Subsec. (a)(5). Pub. L. 95–405, § 2(6), struck out ‘‘, by and with the advice and consent of the Senate,’’ after ‘‘by the Commission’’. Subsec. (a)(6)(A). Pub. L. 95–405, § 2(7), inserted ‘‘ac- cording to budget categories, plans, programs, and pri- orities established and approved by the Commission,’’ after ‘‘expenditure of funds,’’. Subsec. (a)(6)(B). Pub. L. 95–405, § 2(8), substituted ‘‘, plans, priorities, and budgets approved by the Com- mission’’ for ‘‘of the Commission’’. Subsec. (a)(7). Pub. L. 95–405, § 2(9), (10), designated ex- isting provisions as subpar. (A) and added subpar. (B). Subsec. (a)(8). Pub. L. 95–405, § 2(11)–(13), designated existing provisions as subpar. (A), substituted ‘‘main- tain’’ for ‘‘establish a separate office within the De- partment of Agriculture to be staffed with employees of the Commission for the purpose of maintaining’’, and added subpar. (B). Subsec. (a)(9)(A), (B). Pub. L. 95–405, § 2(14), (15), sub- stituted ‘‘Senate Committee on Agriculture, Nutrition, and Forestry’’ for ‘‘Senate Committee on Agriculture and Forestry’’. 1974—Subsec. (a). Pub. L. 93–463, § 101(a), designated existing provisions as par. (1), substituted ‘‘Commodity Futures Trading Commission established under para- graph (2) of this subsection’’ for ‘‘Commodity Exchange Commission, consisting of the Secretary of Agri- culture, the Secretary of Commerce, and the Attorney General, or an official or employee of each of the execu- tive departments concerned, designated by the Sec- retary of Agriculture, the Secretary of Commerce, and the Attorney General, respectively; and the Secretary of Agriculture or his designee shall serve as Chair- man’’, and added pars. (2) to (11). Subsec. (a)(1). Pub. L. 93–463, §§ 201, 202, struck out ‘‘onions,’’ after ‘‘eggs,’’ in definition of ‘‘commodity’’ and inserted provisions to that definition to include as commodities all other goods and articles, except onions as provided in section 13–1 of this title, and all services, rights, and interests in which contracts for the future delivery are presently or in the future dealt in, and in- serted definitions for ‘‘commodity trading advisor’’ and ‘‘commodity pool operator’’. 1968—Subsec. (a). Pub. L. 90–418 extended definition of ‘‘commodity’’ in third sentence to include frozen con- centrated orange juice. Pub. L. 90–258, § 1(c), provided in last sentence for rep- resentation on the Commission of Secretary of Agri- culture, Secretary of Commerce, and Attorney General by an official or employee designated from executive department concerned and for service of Secretary of Agriculture or his designee as Chairman. Pub. L. 90–258, § 1(b), substituted in definition of ‘‘floor broker’’ in penultimate sentence ‘‘purchase or sell for any other person’’ for ‘‘engage in executing for others any order for the purchase or sale of’’ and struck out provision for receipt or acceptance of any commis- sion or other compensation for services as a floor broker. Pub. L. 90–258, § 1(a), extended definition of ‘‘com- modity’’ in third sentence to include livestock and live- stock products. 1955—Subsec. (a). Act July 26, 1955, extended ‘‘com- modity’’ to onions. 1954—Subsec. (a). Act Aug. 28, 1954, extended ‘‘com- modity’’ to wool. 1940—Subsec. (a). Act Oct. 9, 1940, extended ‘‘com- modity’’ to fats and oils (including lard, tallow, cotton- seed oil, peanut oil, soybean oil, and all other fats and oils), cottonseed meal, cottonseed, peanuts, soybeans and soybean meal. 1938—Subsec. (a). Act Apr. 7, 1938, extended ‘‘com- modity’’ to wool tops. 1936—Subsec. (a). Act June 15, 1936, substituted ‘‘com- modity’’, ‘‘any commodity’’, or ‘‘commodities’’, as the case may require, for ‘‘grain’’ wherever appearing, and ‘‘any cash commodity’’ for ‘‘cash grain’’, substituted sentence defining ‘‘commodity’’ for sentence defining ‘‘grain’’, and inserted definitions of ‘‘cooperative asso- ciation of producers,’’, ‘‘member of a contract market’’, ‘‘futures commission merchant’’, ‘‘floor broker’’, and ‘‘the commission.’’ Subsec. (b). Act June 15, 1936, § 2, substituted ‘‘com- modity’’ and ‘‘commodities’’, as the case may require, for ‘‘grain’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the later of 360 days after July 21, 2010, or, to the extent a provi- sion of subtitle A (§§ 711–754) of title VII of Pub. L. 111–203 requires a rulemaking, not less than 60 days after publication of the final rule or regulation imple- menting such provision of subtitle A, see section 754 of Pub. L. 111–203, set out as a note under section 1a of this title. EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the Page 42 TITLE 7—AGRICULTURE § 2 date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Pub. L. 110–234, title XIII, § 13101(b), May 22, 2008, 122 Stat. 1432, and Pub. L. 110–246, § 4(a), title XIII, § 13101(b), June 18, 2008, 122 Stat. 1664, 2194, provided that: ‘‘The following provisions of the Commodity Ex- change Act [7 U.S.C. 1 et seq.], as amended by sub- section (a) of this section [amending this section], shall be effective 120 days after the date of the enactment of this Act [June 18, 2008] or at such other time as the Commodity Futures Trading Commission shall deter- mine: ‘‘(1) Subparagraphs (B)(i)(II)(gg), (B)(iv), and (C)(iii) of section 2(c)(2) [7 U.S.C. 2(c)(2)]. ‘‘(2) The provisions of section 2(c)(2)(B)(i)(II)(cc) [7 U.S.C. 2(c)(2)(B)(i)(II)(cc)] that set forth adjusted net capital requirements, and the provisions of such sec- tion that require a futures commission merchant to be primarily or substantially engaged in certain busi- ness activities.’’ [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.] Pub. L. 110–234, title XIII, § 13204, May 22, 2008, 122 Stat. 1441, and Pub. L. 110–246, § 4(a), title XIII, § 13204, June 18, 2008, 122 Stat. 1664, 2203, provided that: ‘‘(a) IN GENERAL.—Except as provided in this section, this subtitle [subtitle B (§§ 13201–13204) of title XIII of Pub. L. 110–246, amending this section and sections 1a, 6a, 6g, 6i, 7a, 7a–2, 7b, 8, and 25 of this title] shall be- come effective on the date of enactment of this Act [June 18, 2008]. ‘‘(b) SIGNIFICANT PRICE DISCOVERY STANDARDS RULE- MAKING.— ‘‘(1) The Commodity Futures Trading Commission shall— ‘‘(A) not later than 180 days after the date of the enactment of this Act [June 18, 2008], issue a pro- posed rule regarding the implementation of section 2(h)(7) of the Commodity Exchange Act [7 U.S.C. 2(h)(7)]; and ‘‘(B) not later than 270 days after the date of en- actment of this Act [June 18, 2008], issue a final rule regarding the implementation. ‘‘(2) In its rulemaking pursuant to paragraph (1) of this subsection, the Commission shall include the standards, terms, and conditions under which an elec- tronic trading facility will have the responsibility to notify the Commission that an agreement, contract, or transaction conducted in reliance on the exemp- tion provided in section 2(h)(3) of the Commodity Ex- change Act [7 U.S.C. 2(h)(3)] may perform a price dis- covery function. ‘‘(c) SIGNIFICANT PRICE DISCOVERY DETERMINATIONS.— With respect to any electronic trading facility oper- ating on the effective date of the final rule issued pur- suant to subsection (b)(1), the Commission shall com- plete a review of the agreements, contracts, and trans- actions of the facility not later than 180 days after that effective date to determine whether any such agree- ment, contract, or transaction performs a significant price discovery function.’’ [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.] EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 97–444, title II, § 239, Jan. 11, 1983, 96 Stat. 2327, provided that: ‘‘This Act [see Short Title of 1983 Amendment note set out under section 1 of this title] shall be effective upon the date of enactment of this Act [Jan. 11, 1983], except that sections 207, 212, and 231 of this Act [amending sections 6d, 6k, and 18 of this title] shall be effective one hundred and twenty days after the date of enactment of this Act, or such earlier date as the Commodity Futures Trading Commission shall prescribe by regulation.’’ EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–405, § 28, Sept. 30, 1978, 92 Stat. 878, provided that: ‘‘Except as otherwise provided in this Act, the provisions of this Act [see Short Title of 1978 Amend- ment note set out under section 1 of this title] shall be- come effective October 1, 1978.’’ EFFECTIVE DATE OF 1974 AMENDMENT Pub. L. 93–463, title IV, § 418, Oct. 23, 1974, 88 Stat. 1415, provided that: ‘‘(a) Except as otherwise provided specifically in this Act [see Short Title of 1974 Amendment note set out under section 1 of this title], the effective date of this Act shall be the 180th day after enactment [Oct. 23, 1974]. The Commission referred to in section 101 [Com- modity Futures Trading Commission] is hereby estab- lished effective immediately on enactment of this Act. Sections 102 and 410 [amending sections 5108, 5314, 5315, and 5316 of Title 5, Government Organization and Em- ployees] shall be effective immediately on enactment of this Act. Activities necessary to implement the changes effected by this Act may be carried out after the date of enactment and before as well as after the 180th day thereafter. Activities to be carried out after the date of enactment and before the 180th day there- after may include, but are not limited to the following: Designation of boards of trade as contract markets, registration of futures commission merchants, floor brokers, and other persons required to be registered under the Act [this chapter], approval or modification of bylaws, rules, regulations, and resolutions of con- tract markets, and issuance of regulations, effective on or after the 180th day after enactment; appointment and compensation of the members of the Commission; hiring and compensation of staff; and conducting of in- vestigations and hearings. Nothing in this Act shall limit the authority of the Secretary of Agriculture or the Commodity Exchange Commission under the Com- modity Exchange Act [7 U.S.C. 1 et seq.], as amended, prior to the 180th day after enactment of this Act. ‘‘(b) Funds appropriated for the administration of the Commodity Exchange Act, as amended [7 U.S.C. 1 et seq.], may be used to implement this Act immediately after the date of enactment of this Act [Oct. 23, 1974].’’ EFFECTIVE DATE OF 1968 AMENDMENT Pub. L. 90–258, § 28, Feb. 19, 1968, 82 Stat. 34, provided that: ‘‘This Act [enacting sections 12b, 13b, 13c, and 17b of this title and amending this section and sections 6a, 6b, 6d, 6f, 6g, 6i, 7, 7a, 7b, 8, 9, 12, 12–1, 12a, 13, and 13a of this title] shall become effective one hundred and twenty days after enactment [Feb. 19, 1968].’’ EFFECTIVE DATE OF 1955 AMENDMENT Act July 26, 1955, ch. 382, § 2, 69 Stat. 375, provided that: ‘‘This Act [amending this section] shall take ef- fect sixty days after the date of its enactment [July 26, 1955].’’ EFFECTIVE DATE OF 1954 AMENDMENT Act Aug. 28, 1954, ch. 1041, title VII, § 710(b), 68 Stat. 913, which provided that the amendment of this section by act Aug. 28, 1954, was effective 60 days after Aug. 28, 1954, was repealed by Pub. L. 103–130, § 3(a), Nov. 1, 1993, 107 Stat. 1369, eff. Dec. 31, 1995. EFFECTIVE DATE OF 1940 AMENDMENT Act Oct. 9, 1940, ch. 786, § 2, 54 Stat. 1059, provided that: ‘‘This Act [amending this section] shall take ef- fect sixty days after the date of its enactment [Oct. 9, 1940].’’ EFFECTIVE DATE OF 1936 AMENDMENT Amendment by act June 15, 1936, effective 90 days after June 15, 1936, see section 13 of that act, set out as a note under section 1 of this title. SEPARABILITY OF 1974 AMENDMENT Pub. L. 93–463, title IV, § 413, Oct. 23, 1974, 88 Stat. 1414, provided that: ‘‘If any provision of this Act [see Page 43 TITLE 7—AGRICULTURE § 5 Short Title of 1974 Amendment note set out under sec- tion 1 of this title] or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and the application of such provisions to other persons or circumstances shall not be affected thereby.’’ GRANDFATHER PROVISIONS Pub. L. 111–203, title VII, § 723(c), July 21, 2010, 124 Stat. 1682, provided that: ‘‘(1) LEGAL CERTAINTY FOR CERTAIN TRANSACTIONS IN EXEMPT COMMODITIES.—Not later than 60 days after the date of enactment of this Act [July 21, 2010], a person may submit to the Commodity Futures Trading Com- mission a petition to remain subject to section 2(h) of the Commodity Exchange Act (7 U.S.C. 2(h)) (as in ef- fect on the day before the date of enactment of this Act). ‘‘(2) CONSIDERATION; AUTHORITY OF COMMODITY FU- TURES TRADING COMMISSION.—The Commodity Futures Trading Commission— ‘‘(A) shall consider any petition submitted under subparagraph (A) in a prompt manner; and ‘‘(B) may allow a person to continue operating sub- ject to section 2(h) of the Commodity Exchange Act (7 U.S.C. 2(h)) (as in effect on the day before the date of enactment of this Act) for not longer than a 1-year period. ‘‘(3) AGRICULTURAL SWAPS.— ‘‘(A) IN GENERAL.—Except as provided in subpara- graph (B), no person shall offer to enter into, enter into, or confirm the execution of, any swap in an ag- ricultural commodity (as defined by the Commodity Futures Trading Commission). ‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), a person may offer to enter into, enter into, or confirm the execution of, any swap in an agricultural commodity pursuant to section 4(c) of the Com- modity Exchange Act (7 U.S.C. 6(c)) or any rule, regu- lation, or order issued thereunder (including any rule, regulation, or order in effect as of the date of enact- ment of this Act) by the Commodity Futures Trading Commission to allow swaps under such terms and conditions as the Commission shall prescribe. ‘‘(4) REQUIRED REPORTING.—If the exception described in section 2(h)(8)(B) of the Commodity Exchange Act [7 U.S.C. 2(h)(8)(B)] applies, the counterparties shall com- ply with any recordkeeping and transaction reporting requirements that may be prescribed by the Commis- sion with respect to swaps subject to section 2(h)(8)(B) of the Commodity Exchange Act.’’ [For definition of ‘‘swap’’ as used in section 723(c) of Pub. L. 111–203, set out above, see section 5301 of Title 12, Banks and Banking.] PORTFOLIO MARGINING AND SECURITY INDEX ISSUES Pub. L. 110–234, title XIII, § 13106, May 22, 2008, 122 Stat. 1435, and Pub. L. 110–246, § 4(a), title XIII, § 13106, June 18, 2008, 122 Stat. 1664, 2197, provided that: ‘‘(a) The Secretary of the Treasury, the Chairman of the Board of Governors of the Federal Reserve System, the Chairman of the Securities and Exchange Commis- sion, and the Chairman of the Commodity Futures Trading Commission shall work to ensure that the Se- curities and Exchange Commission (SEC), the Com- modity Futures Trading Commission (CFTC), or both, as appropriate, have taken the actions required under subsection (b). ‘‘(b) The SEC, the CFTC, or both, as appropriate, shall take action under their existing authorities to permit— ‘‘(1) by September 30, 2009, risk-based portfolio mar- gining for security options and security futures prod- ucts (as defined in section 1a(32) [now 1a(45)] of the Commodity Exchange Act [7 U.S.C. 1a(32), now 1a(45)]); and ‘‘(2) by June 30, 2009, the trading of futures on cer- tain security indexes by resolving issues related to foreign security indexes.’’ [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.] STUDY REGARDING RETAIL SWAPS Pub. L. 106–554, § 1(a)(5) [title I, § 105(c)], Dec. 21, 2000, 114 Stat. 2763, 2763A–379, required the Board of Gov- ernors of the Federal Reserve System, the Secretary of the Treasury, the Commodity Futures Trading Com- mission, and the Securities and Exchange Commission to conduct a study of issues involving the offering of swap agreements to persons other than eligible con- tract participants and, before the end of the 1-year pe- riod beginning on Dec. 21, 2000, submit a report on find- ings and conclusions of the study and recommendations for any necessary legislative action to Congress. EDUCATIONAL EVENTS AND SYMPOSIA Pub. L. 106–78, title VI, Oct. 22, 1999, 113 Stat. 1160, provided in part: ‘‘That for fiscal year 2000 and there- after, the Commission [Commodity Futures Trading Commission] is authorized to charge reasonable fees to attendees of Commission sponsored educational events and symposia to cover the Commission’s costs of pro- viding those events and symposia, and notwithstanding 31 U.S.C. 3302, said fees shall be credited to this ac- count, to be available without further appropriation.’’ Similar provisions were contained in the following prior appropriations acts: Pub. L. 105–277, div. A, § 101(a) [title VI], Oct. 21, 1998, 112 Stat. 2681, 2681–24. Pub. L. 105–86, title VI, Nov. 18, 1997, 111 Stat. 2104. Pub. L. 104–180, title VI, Aug. 6, 1996, 110 Stat. 1596. Pub. L. 104–37, title VI, Oct. 21, 1995, 109 Stat. 327. Pub. L. 103–330, title VI, Sept. 30, 1994, 108 Stat. 2466. NON-ABATEMENT OF PENDING PROCEEDINGS Pub. L. 93–463, title IV, § 412, Oct. 23, 1974, 88 Stat. 1414, provided that: ‘‘Pending proceedings under exist- ing law shall not be abated by reason of any provision of this Act [see Short Title of 1974 Amendment note set out under section 1 of this title] but shall be disposed of pursuant to the applicable provisions of the Com- modity Exchange Act, as amended [7 U.S.C. 1 et seq.], in effect prior to the effective date of this Act [see Ef- fective Date of 1974 Amendment note above].’’ §§ 2a to 4a. Transferred Editorial Notes CODIFICATION Section 2a, act Sept. 21, 1922, ch. 369, § 2(a)(1)(C), for- merly § 2(a)(1)(B), as added Pub. L. 97–444, title I, § 101(a)(3), Jan. 11, 1983, 96 Stat. 2294, as amended and re- numbered, which related to designation of boards of trade as contract markets and approval by and jurisdic- tion of Commodity Futures Trading Commission and Securities and Exchange Commission, was transferred to section 2(a)(1)(C) of this title. Section 3, act Sept. 21, 1922, ch. 369, § 2(b), 42 Stat. 998, as amended, which related to transactions in interstate commerce, was transferred to section 2(b) of this title. Section 4, act Sept. 21, 1922, ch. 369, § 2(a)(1)(B), for- merly § 2(a), 42 Stat. 998, as amended and renumbered, which related to liability of principal for act of agent, was transferred to section 2(a)(1)(B) of this title. Section 4a, act Sept. 21, 1922, ch. 369, § 2(a)(2)–(11), as added Pub. L. 93–463, title I, § 101(a)(3), Oct. 23, 1974, 88 Stat. 1389, as amended, which related to the Com- modity Futures Trading Commission, was transferred to section 2(a)(2) to (11) of this title. § 5. Findings and purpose (a) Findings The transactions subject to this chapter are entered into regularly in interstate and inter-