Sept. 21, 1922, ch. 369, § 6(a)42 Stat. 1001June 25, 1948, ch. 646, § 32(a)62 Stat. 991May 24, 1949, ch. 139, § 12763 Stat. 107Pub. L. 85–791, § 7(a)72 Stat. 944Pub. L. 90–25882 Stat. 30Pub. L. 93–463, title I, § 103(a)88 Stat. 1392Pub. L. 95–405, § 13(1)92 Stat. 871Pub. L. 97–444, title II, § 21896 Stat. 2308Pub. L. 98–620, title IV, § 402(3)98 Stat. 3357Pub. L. 102–546, title II, § 209(a)(1)106 Stat. 3606Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(12)(A), (B)]114 Stat. 2763Pub. L. 110–234, title XIII, § 13203(m)122 Stat. 1441Pub. L. 110–246, § 4(a)122 Stat. 1664Pub. L. 111–203, title VII, § 749(e)124 Stat. 1747(, (b), formerly § 6(a), ; , ; , ; , , ; , §§ 14, 15, , ; –(c), , ; , (2), , ; , , ; , , ; renumbered § 6(a), (b) and amended –(3), title IV, § 402(1)(B), (9)(A), , , 3624, 3625; , , , 2763A–408; , , ; , title XIII, § 13203(m), , , 2203; , , .)
Editorial Notes
Codification
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .
section 9 of this titleSection is comprised of subsecs. (a) and (b) of section 6 of act . Subsec. (c) of section 6 is classified to . Subsecs. (d), (e), (f), and (g) of section 6 are classified to sections 13b, 9a, 9b, and 9c of this title, respectively.
Amendments
Pub. L. 111–203section 2(h)(3) of this title2010—Subsec. (b). struck out “, or to revoke the right of an electronic trading facility to rely on the exemption set forth in with respect to a significant price discovery contract,” before “on a showing”.
Pub. L. 110–246, § 13203(m)section 7b–1 of this title2008—Subsec. (b). , added first sentence, in second sentence substituted “Such suspension or revocation shall only be made after a notice to the officers of the contract market or derivatives transaction execution facility or electronic trading facility affected and upon a hearing on the record” for “Such suspension or revocation shall only be after a notice to the officers of the contract market or derivatives transaction execution facility affected and upon a hearing on the record”, and struck out former first sentence which read as follows: “The Commission is authorized to suspend for a period not to exceed six months or to revoke the designation or registration of any contract market or derivatives transaction execution facility on a showing that such contract market or derivatives transaction execution facility is not enforcing or has not enforced its rules of government made a condition of its designation or registration as set forth in sections 7 through 7a–1 of this title or or that such contract market or derivatives transaction execution facility, or any director, officer, agent, or employee thereof, otherwise is violating or has violated any of the provisions of this chapter or any of the rules, regulations, or orders of the Commission or the Commission thereunder.”
Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(12)(A)(iv)]2000—Subsec. (a). , substituted “designate or register as a contract market or derivatives transaction execution facility any person that has made application therefor, the person” for “designate as a ‘contract market’ any board of trade that has made application therefor, such board of trade” in last sentence.
Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(12)(A)(iii)], in third sentence, substituted “person” for “board of trade” and “180-day period” for “one-year period”.
Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(12)(A)(ii)], substituted “designation or registration as a contract market or derivatives transaction execution facility within 180 days” for “designation as a contract market within one year” in second sentence.
Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(12)(A)(i)], in first sentence, substituted “person desiring to be designated or registered as a contract market or derivatives transaction execution facility shall make application to the Commission for the designation or registration” for “board of trade desiring to be designated a ‘contract market’ shall make application to the Commission for such designation”, “conditions set forth in this chapter” for “above conditions”, and “the requirements of this chapter” for “above requirements”.
Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(12)(B)(iii)]Subsec. (b). , substituted “person” for “board of trade” in two places in last sentence.
Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(12)(B)(ii)], in second sentence, substituted “contract market or derivatives transaction execution facility affected” for “board of trade affected”, “person appeals” for “board of trade appeals” and “person will” for “board of trade will”.
Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(12)(B)(i)]section 7b–1 of this titlesection 7 of this title, in first sentence, substituted “designation or registration of any contract market or derivatives transaction execution facility on” for “designation of any board of trade as a ‘contract market’ upon”, “contract market or derivatives transaction execution facility” for “board of trade” in two places, and “designation or registration as set forth in sections 7 through 7a–1 of this title or ” for “designation as set forth in ”.
Pub. L. 102–546, § 209(a)(1)1992—, (2), designated first par. as subsec. (a) and redesignated former par. (a) as subsec. (b).
Pub. L. 102–546, § 209(a)(3)Subsec. (a). , substituted “subsection (b)” for “paragraph (a)”.
Pub. L. 102–546, § 402(9)(A)Pub. L. 93–463, § 103(a)Subsec. (b). , which directed amendment of first sentence by striking “the Secretary of Agriculture or”, could not be executed because of amendment by . See 1974 Amendment note below.
Pub. L. 102–546, § 402(1)(B), substituted “Commission” for “commission” wherever appearing.
Pub. L. 98–6201984—Par. (a). struck out provisions requiring proceedings in such cases in the court of appeals to be made a preferred cause and expedited in every way.
Pub. L. 97–4441983— required approval or denial of application within one year period of filing of application, stay of such period following notification that application was incomplete and deficient until resubmission of application, minimum period prior to acting upon resubmitted application, and specification of grounds for denial of application.
Pub. L. 95–405, § 13(1)1978—, in provisions before par. (a) inserted “on the record” after “opportunity for a hearing”.
Pub. L. 95–405, § 13(2)Par. (a). , inserted “on the record” after “upon a hearing”.
Pub. L. 93–463, § 103(a)1974—, substituted “Commission” for “Secretary of Agriculture” in first par.
Pub. L. 93–463, § 103(c)Par. (a). , struck out “the Secretary of Agriculture, who shall thereupon notify the other members of” after “The clerk of the court in which such a petition is filed shall immediately cause a copy thereof to be delivered to”.
Pub. L. 93–463, § 103(a), provided for substitution of “Commission” for “Secretary of Agriculture” except where such words would be stricken by section 103(b), which directed striking the words “the Secretary of Agriculture or” where they appeared in the phrase “the Secretary of Agriculture or the Commission”. Because the word “commission” was not capitalized in that phrase in par. (a), section 103(b) did not apply to par. (a) and therefore section 103(a) was executed, resulting in the substitution of “the Commission or the commission” for “the Secretary of Agriculture or the commission”.
Pub. L. 90–258, § 141968—, inserted provision affording any board of trade refused a contract market designation a hearing before the Commission with right to appeal in adverse decision to the court of appeals as provided for in par. (a) of this section at end of first par.
Pub. L. 90–258, § 15section 2 of this titlesection 2 of this titlePar. (a). , amended par. (a) generally, striking out such parts both of first sentence and of proviso of last sentence as described the commission as made up of the Secretary of Agriculture, Secretary of Commerce, and Attorney General (covered in definition of “Commission” in , including representation of such officials by their designees), extending grounds for suspension or revocation of designation to include violations of any provisions of this chapter or rules, regulations, or orders of the Secretary of Agriculture or commission, requiring delivery of appeal petitions to Secretary of Agriculture rather than any member of the commission, who would notify the other members, and filing of commission records of proceedings on appeal by the Secretary of Agriculture and not the commission, striking out provisions describing Secretary of Agriculture as Chairman (now found in ), superseding such part of proviso of seventh sentence as authorized appeals to the commission from Secretary of Agriculture’s refusal of a contract market designation by provisions of first par. of this section, and striking out such other part as made decision of court on appeal from commission final and binding on the parties.
Pub. L. 85–791section 2112 of title 281958— substituted “thereupon file in the court the record in such proceedings, as provided in ” for “forthwith prepare, certify, and file in the court a full and accurate transcript of the record in such proceedings including the notice to the board of trade, a copy of the charges, the evidence, and the report and order” in third notice, and struck out “certified and” after “duly” in fourth sentence.
Statutory Notes and Related Subsidiaries
Change of Name
Act , as amended by act , substituted “court of appeals” for “circuit court of appeals” wherever appearing in this section.
Effective Date of 2010 Amendment
Pub. L. 111–203Pub. L. 111–203section 754 of Pub. L. 111–203section 1a of this titleAmendment by effective on the later of 360 days after , or, to the extent a provision of subtitle A (§§ 711–754) of title VII of requires a rulemaking, not less than 60 days after publication of the final rule or regulation implementing such provision of subtitle A, see , set out as a note under .
Effective Date of 2008 Amendment
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4 of Pub. L. 110–246section 8701 of this titleAmendment of this section and repeal of by effective , the date of enactment of , except as otherwise provided, see , set out as an Effective Date note under .
section 13203(m) of Pub. L. 110–246section 13204(a) of Pub. L. 110–246section 2 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1984 Amendment
Pub. L. 98–620section 403 of Pub. L. 98–620section 1657 of Title 28Amendment by not applicable to cases pending on , see , set out as an Effective Date note under , Judiciary and Judicial Procedure.
Effective Date of 1983 Amendment
Pub. L. 97–444section 239 of Pub. L. 97–444section 2 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1978 Amendment
Pub. L. 95–405section 28 of Pub. L. 95–405section 2 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1974 Amendment
Pub. L. 93–463section 418 of Pub. L. 93–463section 2 of this titleFor effective date of amendment by , see , set out as a note under .
Effective Date of 1968 Amendment
Pub. L. 90–258section 28 of Pub. L. 90–258section 2 of this titleAmendment by effective 120 days after , see , set out as a note under .