ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

7 U.S.C. § 16aService fees and National Futures Association study

submitted 48 years ago by Pub. L. 95-405 to r/title-7-AGRICULTURE · 499 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Commodity Futures Trading Commission may charge fees to cover its regulatory costs, with Congress's approval. It also had to study and report on the National Futures Association's early self-regulation. Any separate fee schedule the Commission sets cannot charge more than its actual cost.

(a) Development and implementation of plan for user fees; report to and approval by Congressional committees — Despite any other law, the Commodity Futures Trading Commission may create and put in place a plan to charge and collect reasonable fees, to cover the estimated cost of regulating transactions under its jurisdiction. But before putting such a plan into action, the Commission has to report its plan to the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry, including whether collecting such fees is feasible and worthwhile. Any plan under this section can't take effect until both committees approve it. Fees collected go into the U.S. Treasury as miscellaneous receipts. (b) National Futures Association regulatory experience; report; contents — The Commission had to send Congress a report studying the National Futures Association's regulatory record from January 1, 1983 through September 30, 1985, due by January 1, 1986. That report had to cover at least seven things: (1) how fully the Association carried out the self-regulation program approved under section 17(p) and (q) of the Commodity Exchange Act, and how well that program worked; (2) actual and projected federal cost savings, if any, from the Association's operations; (3) actual and projected costs the Commission and the public would have faced if the Association hadn't taken on self-regulation in certain areas; (4) any problem areas the Association ran into; (5) how well the Association and Commission worked together; (6) the Commission's own efficiency gains, actual and expected, from the Association's ongoing regulatory work; and (7) how much the study showed the Commission could now shift its attention to more pressing regulatory problems, thanks to the Association's work. (c) Schedule of fees for services, activities and functions; notice and hearing; actual cost standard — Nothing in this section limits the Commission's separate power to set, after notice and a chance for a hearing, a fee schedule for services, activities, and functions it performs while administering and enforcing the Commodity Exchange Act. However, any fee the Commission sets for a specific service, activity, or function cannot be more than what that service, activity, or function actually costs the Commission.
the actual law source: uscode.house.gov ↗public domain
(a) Development and implementation of plan for user fees; report to and approval by Congressional committees

Notwithstanding any other provision of law, the Commodity Futures Trading Commission may develop and implement a plan to charge and collect reasonable fees to cover the estimated cost of regulating transactions under the jurisdiction of the Commission. However, prior to implementing such a plan, the Commission shall report its intention to do so to the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry. The Commission shall include in its report the feasibility and desirability of collecting such fees. Any plan developed under this section shall not be implemented until approved by the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry. Fees collected under any plan approved under this section shall be deposited in the Treasury of the United States as miscellaneous receipts.

(b) National Futures Association regulatory experience; report; contents

The Commodity Futures Trading Commission shall submit to Congress a report containing the results of a study of the regulatory experience of the National Futures Association for the period beginning January 1, 1983 and ending September 30, 1985. The report shall be submitted not later than January 1, 1986. The report shall include (but not to be limited to) the following—

(1)

the extent to which the National Futures Association has fully implemented the program provided in the rules approved by the Commission under section 17(p) and (q) of the Commodity Exchange Act [7 U.S.C. 21(p), (q)] and the effectiveness of the operation of such program;

(2)

the actual and projected cost savings to the Federal Government, if any, resulting from operations of the National Futures Association;

(3)

the actual and projected costs which the Commission and the public would have incurred if the Association had not undertaken self-regulatory responsibility for certain areas under the Commission’s jurisdiction;

(4)

problem areas, if any, encountered by the Association;

(5)

the nature of the working relationship between the Association and the Commission;

(6)

an assessment of the actual and projected efficiencies the Commission has achieved or expects to be achieved as a result of the continuing regulatory activities of the Association; and

(7)

the immediate and projected capabilities of the Commission at the time of submission of the study to turn its attention to more immediate problems of regulation, as a result of the activities of the Association.

(c) Schedule of fees for services, activities and functions; notice and hearing; actual cost standard

Nothing in this section shall limit the authority of the Commission to promulgate, after notice and opportunity for hearing, a schedule of appropriate fees to be charged for services rendered and activities and functions performed by the Commission in conjunction with its administration and enforcement of the Commodity Exchange Act [7 U.S.C. 1 et seq.]: Provided, That the fees for any specified service or activity or function shall not exceed the actual cost thereof to the Commission.

Source credit: (Pub. L. 95–405, § 26, Sept. 30, 1978, 92 Stat. 877; Pub. L. 97–444, title II, § 237, Jan. 11, 1983, 96 Stat. 2325.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-405 · 92 Stat. 877
  • 1983Amended · Pub. L. 97-444 · 96 Stat. 2325

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-405 on 1978-09-30.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case