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7 U.S.C. § 6b–1Enforcement authority

submitted 104 years ago by Pub. L. 111-203 to r/title-7-AGRICULTURE · 408 words · no verdicts yet

in plain englishAI-generated · not legal advice

The CFTC generally has exclusive power to enforce the 2010 swap-market reforms. Prudential regulators (bank regulators) enforce certain capital and margin rules for the banks they oversee. Each side can refer suspected violations to the other, and step in if the other doesn't act within 90 days.

(a) Commodity Futures Trading Commission. Except as the next three subsections provide, the Commission has exclusive authority to enforce the provisions of subtitle A of the Wall Street Transparency and Accountability Act of 2010, against any person. (b) Prudential regulators. The banking regulators known as "prudential regulators" have exclusive authority to enforce section 6s(e) of this title — rules about capital and margin — against swap dealers or major swap participants that they themselves regulate. (c) Referrals. If a prudential regulator believes a swap dealer or major swap participant it oversees may have broken one of the nonprudential requirements of this chapter, the regulator can send the Commission a written report asking it to start an enforcement proceeding, along with an explanation of the facts behind that request. Likewise, if the Commission believes a swap dealer or major swap participant with a prudential regulator may have broken a prudential requirement under section 6s or its rules, the Commission can send that regulator a written report asking it to start an enforcement proceeding, with an explanation of the Commission's concerns and the facts behind them. (d) Backstop enforcement authority. If the Commission doesn't start an enforcement proceeding within 90 days of receiving a report under (c)(1), the prudential regulator that sent it may start one itself. Likewise, if the prudential regulator doesn't start an enforcement proceeding within 90 days of receiving a report under (c)(2), the Commission may start one itself.
the actual law source: uscode.house.gov ↗public domain
(a) Commodity Futures Trading Commission

Except as provided in subsections (b), (c), and (d), the Commission shall have exclusive authority to enforce the provisions of subtitle A of the Wall Street Transparency and Accountability Act of 2010 with respect to any person.

(b) Prudential regulators

The prudential regulators shall have exclusive authority to enforce the provisions of section 6s(e) of this title with respect to swap dealers or major swap participants for which they are the prudential regulator.

(c) Referrals
(1) Prudential regulators

If the prudential regulator for a swap dealer or major swap participant has cause to believe that the swap dealer or major swap participant, or any affiliate or division of the swap dealer or major swap participant, may have engaged in conduct that constitutes a violation of the nonprudential requirements of this chapter (including section 6s of this title or rules adopted by the Commission under that section), the prudential regulator may promptly notify the Commission in a written report that includes—

(A)

a request that the Commission initiate an enforcement proceeding under this chapter; and

(B)

an explanation of the facts and circumstances that led to the preparation of the written report.

(2) Commission

If the Commission has cause to believe that a swap dealer or major swap participant that has a prudential regulator may have engaged in conduct that constitutes a violation of any prudential requirement of section 6s of this title or rules adopted by the Commission under that section, the Commission may notify the prudential regulator of the conduct in a written report that includes—

(A)

a request that the prudential regulator initiate an enforcement proceeding under this chapter or any other Federal law (including regulations); and

(B)

an explanation of the concerns of the Commission, and a description of the facts and circumstances, that led to the preparation of the written report.

(d) Backstop enforcement authority
(1) Initiation of enforcement proceeding by prudential regulator

If the Commission does not initiate an enforcement proceeding before the end of the 90-day period beginning on the date on which the Commission receives a written report under subsection (c)(1), the prudential regulator may initiate an enforcement proceeding.

(2) Initiation of enforcement proceeding by Commission

If the prudential regulator does not initiate an enforcement proceeding before the end of the 90-day period beginning on the date on which the prudential regulator receives a written report under subsection (c)(2), the Commission may initiate an enforcement proceeding.

Source credit: (Sept. 21, 1922, ch. 369, § 4b–1, as added Pub. L. 111–203, title VII, § 741(a), July 21, 2010, 124 Stat. 1729.)

history & why it existsrecord from the source credit
  • 1922Enacted · Pub. L. 111-203 · 124 Stat. 1729

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-203 on 1922-09-21.

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