7 U.S.C. § 6b–1: Enforcement authority

Summary

The Commodity Futures Trading Commission (CFTC) has the only power to enforce most rules in subtitle A of the Wall Street Transparency and Accountability Act of 2010, except for a few cases below. The regulators that supervise banks and big financial firms (prudential regulators) alone enforce section 6s(e) for swap dealers or major swap participants they oversee. If a prudential regulator thinks a covered firm broke nonprudential rules, it can send a written report to the CFTC asking the CFTC to start enforcement and explain the facts. If the CFTC thinks a covered firm broke prudential rules, it can send a written report to the prudential regulator asking that regulator to start enforcement and explain the concerns. If the recipient does not start an enforcement action within 90 days of getting the report, the sender may start one.

Title 7, §6b–1

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(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 (2) Initiation of enforcement proceeding by Commission

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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Subtitle A of the Wall Street Transparency and Accountability Act of 2010, referred to in subsec. (a), is subtitle A (§§ 711–754) of title VII of Pub. L. 111–203, July 21, 2010, 124 Stat. 1641, which enacted section 1b, 6b–1, 6r to 6t, 7b–3, 24a, and 26 of this title and subchapter I (§ 8301 et seq.) of chapter 109 and section 78c–2 of Title 15, Commerce and Trade, amended section 1a, 2, 6 to 6b, 6c, 6d, 6m, 6q, 6s, 7 to 7b, 8 to 9a, 12, 12a, 13, 13–1, 13a–1, 13b, 15, 16, 21, 24, 25, 27 to 27b, 27e, and 27f of this title, section 761 of Title 11, Bankruptcy, section 4421 and 4422 of Title 12, Banks and Banking, and section 78f, 78o, and 78s of Title 15, enacted provisions set out as notes under section 1a, 2, 6a, 7a–1, 7a–3, and 9 of this title, and amended provisions set out as a note under section 78c of Title 15. For complete classification of subtitle A to the Code, see Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the later of 360 days after July 21, 2010, or, to the extent a provision of subtitle A (§§ 711–754) of title VII of Pub. L. 111–203 requires a rulemaking, not less than 60 days after publication of the final rule or regulation implementing such provision of subtitle A, see section 754 of Pub. L. 111–203, set out as an

Effective Date

of 2010 Amendment note under section 1a of this title.

§6b–1 Enforcement Authority

Summary

Title 7, §6b–1

Notes & Related Subsidiaries

Editorial Notes

References in Text

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata