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Title 7 — Agriculture

Chapter 1 — Commodity Exchanges

§ 6p. Standards and examinations

Statutory text

(a)

The Commission may specify by rules and regulations appropriate standards with respect to training, experience, and such other qualifications as the Commission finds necessary or desirable to insure the fitness of persons required to be registered with the Commission. In connection therewith, the Commission may prescribe by rules and regulations the adoption of written proficiency examinations to be given to applicants for registration and the establishment of reasonable fees to be charged to such applicants to cover the administration of such examinations. The Commission may further prescribe by rules and regulations that, in lieu of examinations administered by the Commission, futures associations registered under section 21 of this title, contract markets, or derivatives transaction execution facilities may adopt written proficiency examinations to be given to applicants for registration and charge reasonable fees to such applicants to cover the administration of such examinations. Notwithstanding any other provision of this section, the Commission may specify by rules and regulations such terms and conditions as it deems appropriate to protect the public interest wherein exception to any written proficiency examination shall be made with respect to individuals who have demonstrated, through training and experience, the degree of proficiency and skill necessary to protect the interests of customers, clients, pool participants, or other members of the public with whom such individuals deal.

(b)

The Commission shall issue regulations to require new registrants, within six months after receiving such registration, to attend a training session, and all other registrants to attend periodic training sessions, to ensure that registrants understand their responsibilities to the public under this chapter, including responsibilities to observe just and equitable principles of trade, any rule or regulation of the Commission, any rule of any appropriate contract market, derivatives transaction execution facility, registered futures association, or other self-regulatory organization, or any other applicable Federal or state 1 law, rule or regulation.

Footnotes

  1. 1 So in original. Probably should be capitalized.

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. Commodity Futures Trading Commission Act of 1974

    Pub. L. 93–463 title II § 206 · 88 Stat. 1389

    Enacted · 7 U.S.C. § 6p

    Sept. 21, 1922, ch. 369, § 4p, as added Pub. L. 93–463, title II, § 206, Oct. 23, 1974, 88 Stat. 1400

    Source evidence

    Code source credit
    Sept. 21, 1922, ch. 369, § 4p, as added Pub. L. 93–463, title II, § 206, Oct. 23, 1974, 88 Stat. 1400

    Enacted provision · exact public law section
    Sec. 206. The Standards and examinations. Commodity Exchange Act, as amended, is amended by adding the following new section: “Sec. 4p. The 7 USC 6p. Commission may specify by rules and regulations appropriate standards with respect to training, experience, and such other qualifications as the Commission finds necessary or desirable to insure the fitness of futures commission merchants, floor brokers, and those persons associated with futures commission merchants or floor brokers. In connection therewith, the Commission may prescribe by rules and regulations the adoption of written proficiency examinations to be given to applicants for registration as futures commission merchants, floor brokers, and those persons associated with futures commission merchants or floor brokers, and the establishment of reasonable fees to be charged to such applicants to cover the administration of such examinations. The Commission may further prescribe by rules and regulations that, in lieu of examinations administered by the Commission, Post, p. 1406. futures associations registered under section 17 of this Act or contract markets may adopt written proficiency examinations to be given to applicants for registration as futures commission merchants, floor brokers, and those persons associated with futures commission merchants or floor brokers, and charge reasonable fees to such applicants to cover the administration of such examinations. Notwithstanding any other provision of this section, the Commission may specify by rules and regulations such terms and conditions as it deems appropriate to protect the public interest wherein exception to any written proficiency examination shall be made with respect to individuals who have demonstrated, through training and experience, the degree of proficiency and skill necessary to protect the interests of the customers of futures commission merchants and floor brokers.”

  2. Futures Trading Act of 1982

    Pub. L. 97–444 title II § 215 · 96 Stat. 2294

    1. Substituted · 7 U.S.C. § 6p

      Pub. L. 97–444 substituted “persons required to be registered with the Commission” for “futures commission merchants, floor brokers, and those persons associated with futures commission merchants or floor brokers” in last sentence, and in second and third sentences struck out “as futures commission merchants, floor brokers, and those persons associated with futures commission merchants or floor brokers,” after “applicants for registration”

    2. Substituted · 7 U.S.C. § 6p

      Pub. L. 97–444 substituted “customers, clients, pool participants, or other members of the public with whom such individuals deal” for “the customers of futures commission merchants and floor brokers” in last sentence, and in second and third sentences struck out “as futures commission merchants, floor brokers, and those persons associated with futures commission merchants or floor brokers,” after “applicants for registration”

    Source evidence

    Code amendment note
    Pub. L. 97–444 substituted “persons required to be registered with the Commission” for “futures commission merchants, floor brokers, and those persons associated with futures commission merchants or floor brokers” in first sentence, “customers, clients, pool participants, or other members of the public with whom such individuals deal” for “the customers of futures commission merchants and floor brokers” in last sentence, and in second and third sentences struck out “as futures commission merchants, floor brokers, and those persons associated with futures commission merchants or floor brokers,” after “applicants for registration”.

    Enacted provision · exact public law section
    Sec. 215. extension of authority regarding proficiency examinations Section 4p of the Commodity Exchange Act (7 U.S.C. 6p) is amended by— (1) striking out in the first sentence “futures commission merchants, floor brokers, and those persons associated with futures commission merchants or floor brokers” and inserting in lieu thereof “persons required to be registered with the Commission”; (2) striking out in the second and third sentences “as futures commission merchants, floor brokers, and those persons associated with futures commission merchants or floor brokers,”; and (3) striking out in the last sentence “the customers of futures commission merchants and floor brokers” and inserting in lieu thereof “customers, clients, pool participants, or other members of the public with whom such individuals deal”.

    Effective date note
    Amendment by Pub. L. 97–444 effective Jan. 11, 1983, see section 239 of Pub. L. 97–444, set out as a note under section 2 of this title.

  3. Futures Trading Practices Act of 1992

    Pub. L. 102–546 title II § 210(a) · 106 Stat. 3590

    1. Amended · 7 U.S.C. § 6p

      Pub. L. 102–546 designated existing provisions as subsec. (a)

    2. Added · 7 U.S.C. § 6p

      Pub. L. 102–546 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 102–546 designated existing provisions as subsec. (a) and added subsec. (b).

    Enacted provision · exact public law section
    (a) Mandatory Training for Registrants.— Section 4p (7 U.S.C. 6p) is amended by— (1) inserting “(a)” after “Sec. 4p.”; and (2) adding at the end the following: “(b) The Commission shall issue regulations to require new registrants, within six months after receiving such registration, to attend a training session, and all other registrants to attend periodic training sessions, to ensure that registrants understand their responsibilities to the public under this Act, including responsibilities to observe just and equitable principles of trade, any rule or regulation of the Commission, any rule of any appropriate contract market, registered futures association, or other self-regulatory organization, or any other applicable Federal or state law, rule or regulation.”.

  4. Consolidated Appropriations Act, 2001

    Pub. L. 106–554 § 1(a)(5)(tI)(s123)(a)(11)(A) · 114 Stat. 2763

    Substituted · 7 U.S.C. § 6p(a)

    Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(11)(A)], substituted “title, contract markets, or derivatives transaction execution facilities” for “title or contract markets”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(11)(A)], substituted “title, contract markets, or derivatives transaction execution facilities” for “title or contract markets”.

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

  5. Consolidated Appropriations Act, 2001

    Pub. L. 106–554 § 1(a)(5)(tI)(s123)(a)(11)(B) · 114 Stat. 2763

    Inserted · 7 U.S.C. § 6p(b)

    Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(11)(B)], inserted “derivatives transaction execution facility,” after “contract market,”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(11)(B)], inserted “derivatives transaction execution facility,” after “contract market,”.

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

7 of 7 references resolved to an enrolled provision

Editorial Notes

Codification

Another section 4p of act , was renumbered section 4q and is classified to section 6q of this title.

Amendments1983–2000 · 3 rounds

2000

Subsec. (a). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(11)(A)], substituted “title, contract markets, or derivatives transaction execution facilities” for “title or contract markets”.

Subsec. (b). Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(11)(B)], inserted “derivatives transaction execution facility,” after “contract market,”.

1992

Pub. L. 102–546 designated existing provisions as subsec. (a) and added subsec. (b).

1983

Pub. L. 97–444 substituted “persons required to be registered with the Commission” for “futures commission merchants, floor brokers, and those persons associated with futures commission merchants or floor brokers” in first sentence, “customers, clients, pool participants, or other members of the public with whom such individuals deal” for “the customers of futures commission merchants and floor brokers” in last sentence, and in second and third sentences struck out “as futures commission merchants, floor brokers, and those persons associated with futures commission merchants or floor brokers,” after “applicants for registration”.

Statutory Notes and Related Subsidiaries

Effective Date of 1983 Amendment

Amendment by Pub. L. 97–444 effective , see section 239 of Pub. L. 97–444, set out as a note under section 2 of this title.

Effective Date

For effective date of section, see section 418 of Pub. L. 93–463, set out as an Effective Date of 1974 Amendment note under section 2 of this title.

Regulations

Pub. L. 102–546, title II, § 210(b), , 106 Stat. 3607, provided that: “The Commodity Futures Trading Commission shall issue the regulations required by section 4p(b) of the Commodity Exchange Act [7 U.S.C. 6p(b)], as added by subsection (a), no later than one hundred and eighty days after the date of enactment of this Act [].”

Credits

1922–2000 · 4 acts
  1. 1922Sept. 21, 1922, ch. 369, § 4p, as added Pub. L. 93–463, title II, § 206, , 88 Stat. 1400
  2. 1983amended Pub. L. 97–444, title II, § 215, , 96 Stat. 2305
  3. 1992Pub. L. 102–546, title II, § 210(a), , 106 Stat. 3607
  4. 2000Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(11)], , 114 Stat. 2763, 2763A–408.
Show as published

(Sept. 21, 1922, ch. 369, § 4p, as added Pub. L. 93–463, title II, § 206, , 88 Stat. 1400; amended Pub. L. 97–444, title II, § 215, , 96 Stat. 2305; Pub. L. 102–546, title II, § 210(a), , 106 Stat. 3607; Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(11)], , 114 Stat. 2763, 2763A–408.)

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