Source
(Sept. 21, 1922, ch. 369, § 8, 42 Stat. 1003; June 15, 1936, ch. 545, § 2, 49 Stat. 1491; Pub. L. 90–258, § 19(a), Feb. 19, 1968, 82 Stat. 32; Pub. L. 93–463, title I, § 103(a), (e), Oct. 23, 1974, 88 Stat. 1392; Pub. L. 95–405, § 16, Sept. 30, 1978, 92 Stat. 873; Pub. L. 97–444, title II, § 222, Jan. 11, 1983, 96 Stat. 2309; Pub. L. 102–546, title II, § 205, title III, §§ 304,
305, title IV, § 402(7), Oct. 28, 1992, 106 Stat. 3600, 3623, 3624; Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(18), title II, § 253(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–410, 2763A–449; Pub. L. 110–234, title XIII, § 13105(g), May 22, 2008, 122 Stat. 1434; Pub. L. 110–246, § 4(a), title XIII, § 13105(g), June 18, 2008, 122 Stat. 1664, 2196.)
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 L. 110–234 were repealed by section 4(a) of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.
Section is based on section 8 of Act Sept. 21, 1922, as amended generally by
Pub. L. 95–405, § 16. Prior to such general amendment, section was comprised of the first paragraph of section
8, and the second, third, and fourth pars. of section
8 were classified to sections
12–1,
12–2, and
12–3 of this title, respectively.
Subsection (h), which required the Commodity Futures Trading Commission to submit an annual report to Congress detailing the operations of the Commission, terminated, effective May 15, 2000, pursuant to section 3003 of
Pub. L. 104–66, as amended, set out as a note under section
1113 of Title
31, Money and Finance. See, also, page
158 of House Document No.
103–7.
Amendments
2008—Subsec. (a)(1).
Pub. L. 110–246, § 13105(g)(1), in concluding provisions, struck out “commenced” after “receivership proceeding” and inserted “commenced” after “in a judicial proceeding”.
2000—Subsec. (a)(3).
Pub. L. 106–554, § 1(a)(5) [title II, § 253(a)], added par. (3).
Subsec. (c).
Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(18)], in first sentence, substituted “registered entity” for “board of trade”.
1992—Subsec. (a).
Pub. L. 102–546, §§ 205,
304
(1), designated existing provisions as par. (1), inserted provisions at end relating to disclosure of information received from foreign futures authorities, and added par. (2).
Subsec. (b).
Pub. L. 102–546, § 304(2), inserted at end “This subsection shall not apply to the disclosure of data or information obtained by the Commission from a foreign futures authority.”
Subsec. (e).
Pub. L. 102–546, § 305, inserted references to foreign futures authority in fifth and last sentences.
Subsec. (f).
Pub. L. 102–546, § 402(7), substituted “subpoena” for “subpena” wherever appearing and “subpoenas” for “subpenas” in last sentence.
1983—Subsec. (a).
Pub. L. 97–444, § 222(1), inserted proviso authorizing Commission to withhold from public disclosure any data or information concerning or obtained in connection with any pending investigation of any person.
Subsec. (b).
Pub. L. 97–444, § 222(2), inserted references to receivership proceedings involving a receiver appointed in a judicial proceeding brought under this chapter and to bankruptcy proceedings in which the Commission has intervened or in which Commission has right to appear and be heard under title 11.
Subsec. (e).
Pub. L. 97–444, § 222(3), struck out “of the Executive Branch” after “Upon the request of any department or agency” and inserted “Upon the request of any department or agency of any State or any political subdivision thereof, acting within the scope of its jurisdiction, or any department or agency of any foreign government or any political subdivision thereof, acting within the scope of its jurisdiction, the Commission may furnish to such department or agency any information in the possession of the Commission obtained in connection with the administration of this chapter. Any information furnished to any department or agency of any State or political subdivision thereof shall not be disclosed by such department or agency except in connection with an adjudicatory action or proceeding brought under this chapter or the laws of such State or political subdivision to which such State or political subdivision or any department or agency thereof is a party. The Commission shall not furnish any information to a department or agency of a foreign government or political subdivision thereof unless the Commission is satisfied that the information will not be disclosed by such department or agency except in connection with an adjudicatory action or proceeding brought under the laws of such foreign government or political subdivision to which such foreign government or political subdivision or any department or agency thereof is a party.”
Subsecs. (f), (g).
Pub. L. 97–444, § 222(5), added subsecs. (f) and (g). Former subsecs. (f) and (g) were redesignated (h) and (i), respectively.
Subsecs. (h), (i).
Pub. L. 97–444, § 222(4), redesignated former subsecs. (f) and (g) as (h) and (i), respectively.
1978—
Pub. L. 95–405 consolidated under this section provisions formerly contained in this section and sections
12–1,
12–2, and
12–3 of this title, generally revised provisions thus consolidated to clarify and expand disclosure to public of traders and their positions on boards of trade, and divided provisions thus consolidated and revised into subsecs. (a) to (g).
1974—
Pub. L. 93–463 substituted “Commission” for “Secretary of Agriculture”, “it” for “he”, “its” for “his”, and “It” for “He”.
1968—
Pub. L. 90–258 authorized investigations to ascertain facts regarding operations of other persons subject to any provisions of this chapter.
1936—Act June 15, 1936, substituted “commodity” for “grain” wherever appearing.
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 date of enactment of
Pub. L. 110–234, see section 4 of
Pub. L. 110–246, set out as an Effective Date note under section
8701 of this title.
Effective Date of 1983 Amendment
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.
Effective Date of 1978 Amendment
Amendment by
Pub. L. 95–405 effective Oct. 1, 1978, see section 28 of
Pub. L. 95–405, set out as a note under section
2 of this title.
Effective Date of 1974 Amendment
For effective date of amendment by
Pub. L. 93–463, see section 418 of
Pub. L. 93–463, set out as a note under section
2 of this title.
Effective Date of 1968 Amendment
Amendment by
Pub. L. 90–258 effective 120 days after Feb. 19, 1968, see section 28 of
Pub. L. 90–258, set out as a note under section
2 of this title.
Effective Date of 1936 Amendment
Amendment by act June 15, 1936, effective 90 days after June 15, 1936, see section 13 of act June 15, 1936, set out as a note under section
1 of this title.