§ 6g. Reporting and recordkeeping

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1922

   Sept. 21, 1922, ch. 369, § 4g, as added June 15, 1936, ch. 545, § 5, 49 Stat. 1496 · 49 Stat. 1496

   Enacted · 7 U.S.C. § 6g

   Sept. 21, 1922, ch. 369, § 4g, as added June 15, 1936, ch. 545, § 5, 49 Stat. 1496

   Source evidence

   Code source credit
   Sept. 21, 1922, ch. 369, § 4g, as added June 15, 1936, ch. 545, § 5, 49 Stat. 1496

2. 1968

   Pub. L. 90–258 § 8 · 82 Stat. 26

   Struck · 7 U.S.C. § 6g

   Pub. L. 90–258 rephrased existing provisions to express reporting and recordkeeping requirements as a positive obligation of futures commission merchants and floor brokers, rather than as a ground for revoking or suspending registration and struck out provisions for revocation or suspension of registration. See section 9 of this title

   Source evidence

   Code amendment note
   Pub. L. 90–258 rephrased existing provisions to express reporting and recordkeeping requirements as a positive obligation of futures commission merchants and floor brokers, rather than as a ground for revoking or suspending registration and struck out provisions for revocation or suspension of registration. See section 9 of this title.

   Enacted provision · exact public law section
   Sec. 8. Section 4g of the. Commodity Exchange Act, as amended (7 U.S.C. fig), is amended to read as follows: “Sec. 4g. Every person registered hereunder as futures commission merchant or floor broker shall make such reports as are required by the Secretary of Agriculture regarding the transactions and positions of such person, and the transactions and positions of the customer thereof, in commodities for future delivery on any reward of trade in the United Recordkeeping. States or elsewhere; shall keep books and records pertaining to such transactions and positions in such form and manner and for such period as may be required by the Secretary; and shall keep such books and record’s open to inspection by any representative of the United States Department of Agriculture or the United States Department of Justice.”

3. 1974

   Commodity Futures Trading Commission Act of 1974

   Pub. L. 93–463 title I § 103(a) · 88 Stat. 1389

   1. Amended · 7 U.S.C. § 6g(1)

      Pub. L. 93–463, §§ 103(a), (f), 415, designated existing provisions as par. (1)

   2. Substituted · 7 U.S.C. § 6g(1)

      Pub. L. 93–463, §§ 103(a), (f), 415, substituted “Commission” for “Secretary of Agriculture” and “United States Department of Agriculture”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 93–463, §§ 103(a), (f), 415, designated existing provisions as par. (1) and substituted “Commission” for “Secretary of Agriculture” and “United States Department of Agriculture”.

   Enacted provision · exact public law section
   (a) By 7 USC 6, 6a, 6c–6g, 6i, 7, 7a, 8, 9, 11, 12, 12–1, 12a, 12b, 13b, 16. striking the word “Secretary” and the words “Secretary of Agriculture” wherever such words appear therein (except where the words “Secretary of Agriculture” first appear in section 5(a)(7 U.S.C. 7) or where said words would be stricken by subsection (b), (c), or (d) of this section) and by inserting in lieu thereof the word “Commission”.

4. 1974

   Commodity Futures Trading Commission Act of 1974

   Pub. L. 93–463 § 415 · 88 Stat. 1389

   Added · 7 U.S.C. § 6g(2)(6)

   Pub. L. 93–463, § 415, added pars. (2) to (6)

   Source evidence

   Code amendment note
   Pars. (2) to (6). Pub. L. 93–463, § 415, added pars. (2) to (6).

   Enacted provision · exact public law section
   Sec. 415. Section 4g of the Commodity Exchange Act, as amended, Daily trading records. 7 USC 6g. is amended by inserting “(1)” after the section designation and by adding the following new subsections: “(2) Every clearinghouse and contract market shall maintain daily trading records. The daily trading records shall include such information as the Commission shall prescribe by rule. “(3) Brokers and futures commission merchants shall maintain daily trading records for each customer in such manner and form as to be identifiable with the trades referred to in subsection (2). “(4) Daily trading records shall be maintained in a form suitable to the Commission for such period as may be required by the Commission. Reports shall be made from the records maintained at such times and at such places and in such form as the Commission may prescribe by rule, order, or regulation in order to protect the public interest and the interest of persons trading in commodity futures. “(5) Before the beginning of trading each day, the exchange shall, insofar as is practicable and under terms and conditions specified by the Commission, make public the volume of trading on each type of contract for the previous day and such other information as the Commission deems necessary in the public interest and prescribes by rule, order, or regulation. “(6) Nothing contained in this section shall be construed to prohibit the Commission from making separate determinations for different clearinghouses, contract markets, and exchanges when such determinations are warranted in the judgment of the Commission.”

5. 1978

   Futures Trading Act of 1978

   Pub. L. 95–405 § 6 · 92 Stat. 865

   Substituted · 7 U.S.C. § 6g(3)

   Pub. L. 95–405 substituted “Floor brokers” for “Brokers”

   Source evidence

   Code amendment note
   Par. (3). Pub. L. 95–405 substituted “Floor brokers” for “Brokers”.

   Enacted provision · exact public law section
   Sec. 6. Section 4g(3) of the Commodity Exchange Act (7 U.S.C. 6g(3)) is amended by striking out “Brokers” and inserting in lieu thereof “Floor brokers”.

6. 1983

   Futures Trading Act of 1982

   Pub. L. 97–444 § 209(1) · 96 Stat. 2294

   Changed · 7 U.S.C. § 6g(1)

   Pub. L. 97–444, § 209(1), made reporting and recordkeeping requirements applicable to introducing brokers

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 97–444, § 209(1), made reporting and recordkeeping requirements applicable to introducing brokers.

   Enacted provision · exact public law section
   (1) inserting in subsection (1) “, introducing broker,” after “futures commission merchant”; and

7. 1983

   Futures Trading Act of 1982

   Pub. L. 97–444 § 209(2) · 96 Stat. 2294

   Changed · 7 U.S.C. § 6g(2)

   Pub. L. 97–444, § 209(2), made customer daily trading records requirement applicable to introducing brokers

   Source evidence

   Code amendment note
   Par. (2). Pub. L. 97–444, § 209(2), made customer daily trading records requirement applicable to introducing brokers.

   Enacted provision · exact public law section
   (2) inserting in subsection (3) “, introducing brokers,” after “Floor brokers”.

8. 1992

   Futures Trading Practices Act of 1992

   Pub. L. 102–546 title II § 207(b)(1) · 106 Stat. 3590

   1. Redesignated · 7 U.S.C. § 6g(a)

      Pub. L. 102–546, §§ 207(b)(1), 402(5)(A), redesignated par. (1) as subsec. (a)

   2. Substituted · 7 U.S.C. § 6g(a)

      Pub. L. 102–546, §§ 207(b)(1), 402(5)(A), substituted “floor broker, or floor trader” for “or floor broker”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–546, §§ 207(b)(1), 402(5)(A), redesignated par. (1) as subsec. (a) and substituted “floor broker, or floor trader” for “or floor broker”.

   Enacted provision · exact public law section
   (1) in sections 4f(1), 4g(1), and 6d(1) (7 U.S.C. 6f(1), 6g(1), 13a–2(1)), by striking “or floor broker” and inserting “floor broker, or floor trader;

9. 1992

   Futures Trading Practices Act of 1992

   Pub. L. 102–546 § 402(5)(A) · 106 Stat. 3590

   Redesignated · 7 U.S.C. § 6g(b)

   Pub. L. 102–546, § 402(5)(A), redesignated par. (2) as subsec. (b)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–546, § 402(5)(A), redesignated par. (2) as subsec. (b).

   Enacted provision · exact public law section
   (A) by redesignating subsections (1) through (6) as subsections (a) through (f), respectively; and

10. 1992

    Futures Trading Practices Act of 1992

    Pub. L. 102–546 § 402(5) · 106 Stat. 3590

    1. Redesignated · 7 U.S.C. § 6g(c)

       Pub. L. 102–546, § 402(5), redesignated par. (3) as subsec. (c)

    2. Substituted · 7 U.S.C. § 6g(c)

       Pub. L. 102–546, § 402(5), substituted “subsection (b)” for “paragraph (2)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–546, § 402(5), redesignated par. (3) as subsec. (c) and substituted “subsection (b)” for “paragraph (2)”.

    Enacted provision · exact public law section
    (5) in section 4g (7 U.S.C. 6g)— (A) by redesignating subsections (1) through (6) as subsections (a) through (f), respectively; and (B) in subsection (c), as so redesignated, by striking “subsection (2)” and inserting “subsection (b)”;

11. 1992

    Futures Trading Practices Act of 1992

    Pub. L. 102–546 § 402(5)(A) · 106 Stat. 3590

    Redesignated · 7 U.S.C. § 6g(d)(f)

    Pub. L. 102–546, § 402(5)(A), redesignated pars. (4) to (6) as subsecs. (d) to (f), respectively

    Source evidence

    Code amendment note
    Subsecs. (d) to (f). Pub. L. 102–546, § 402(5)(A), redesignated pars. (4) to (6) as subsecs. (d) to (f), respectively.

    Enacted provision · exact public law section
    (A) by redesignating subsections (1) through (6) as subsections (a) through (f), respectively; and

12. 2000

    Consolidated Appropriations Act, 2001

    Pub. L. 106–554 § 1(a)(5)(tI)(s123)(a)(7)(A) · 114 Stat. 2763

    Substituted · 7 U.S.C. § 6g(b)

    Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(7)(A)], substituted “registered entity” for “clearinghouse and contract market”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(7)(A)], substituted “registered entity” for “clearinghouse and contract market”.

    Enacted provision · exact public law section
    (5) H.R. 5660, as introduced on December 14, 2000.

13. 2000

    Consolidated Appropriations Act, 2001

    Pub. L. 106–554 § 1(a)(5)(tI)(s123)(a)(7)(B) · 114 Stat. 2763

    Substituted · 7 U.S.C. § 6g(f)

    Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(7)(B)], substituted “registered entities” for “clearinghouses, contract markets, and exchanges”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(7)(B)], substituted “registered entities” for “clearinghouses, contract markets, and exchanges”.

    Enacted provision · exact public law section
    (5) H.R. 5660, as introduced on December 14, 2000.

14. 2008

    CFTC Reauthorization Act of 2008

    Pub. L. 110–246 § 13202(a) · 122 Stat. 1651

    Inserted · 7 U.S.C. § 6g(a)

    Pub. L. 110–246, § 13202(a), inserted “, and in any significant price discovery contract traded or executed on an electronic trading facility or any agreement, contract, or transaction that is treated by a derivatives clearing organization, whether registered or not registered, as fungible with a significant price discovery contract” after “elsewhere”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–246, § 13202(a), inserted “, and in any significant price discovery contract traded or executed on an electronic trading facility or any agreement, contract, or transaction that is treated by a derivatives clearing organization, whether registered or not registered, as fungible with a significant price discovery contract” after “elsewhere”.

    Enacted provision · exact public law section
    (a) Reporting and Recordkeeping.— Section 4g(a) of the Commodity Exchange Act (7 U.S.C. 6g(a)) is amended by inserting “, and in any significant price discovery contract traded or executed on an electronic trading facility or any agreement, contract, or transaction that is treated by a derivatives clearing organization, whether registered or not registered, as fungible with a significant price discovery contract” after “elsewhere”.

    Effective date note
    Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by section 13202(a) of Pub. L. 110–246 effective June 18, 2008, see section 13204(a) of Pub. L. 110–246, set out as a note under section 2 of this title.

16 of 17 references resolved to an enrolled provision · 1 partial