Page:United States Statutes at Large Volume 106 Part 4.djvu/882

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106 STAT. 3618 PUBLIC LAW 102-546—OCT. 28, 1992 7 USC 13 note. SEC. 225. PENALTIES STUDY AND GUTOELINES. (a) STUDY.—The Commodity Futures Trading Commission shall study the penalties the Commission imposes against persons found to have violated the Commodity Exchange Act (7 U.S.C. 1 et seq.) and the penalties imposed by contract markets and registered futures associations against persons found to have violated their respective rules established under such Act. (b) REPORT.—Not later than two years after the date of enactment of this Act, the Commission shall submit to the Committee on Agriculture of the House of Representatives and the Committee on A^culture, Nutrition, and Forestry of the Senate a report that describes the results of the study conducted under subsection (a). The report shall— (1) include an analysis of whether systematic differences exist among penalties imposed by various contract markets and registered futures associations for similar offenses, and, if so, the causes of such differences; (2) propose industry-wide guidelines or rules to make penalty levels among contract markets and registered futures associations consistent, including, if appropriate, minimum penalties or penalty ranges for various offenses; and (3) propose guidelines or rules to make Commission penalty levels consistent, including, if appropriate, minimum penalties or penalty ranges for various offenses. SEC. 226. PUBLICATION OF COMMISSION OPINIONS. Section 2(a)(9) (7 U.S.C. 4a(h)) is amended by adding at the end the following new subparagraph: (C) Whenever the Commission issues for official publication any opinion, release, rule, order, interpretation, or other determination on a matter, the Commission shall provide that any dissenting, concurring, or separate opinion by any Commissioner on the matter be published in full along with the Commission opinion, release, rule, order, interpretation, or determination.". SEC. 227. SUSPENSION OF REGISTRANTS CHARGED WITH FELONIES. Section 8a (7 U.S.C. 12a) is amended— (1) by striking "and" at the end of paragraph (9); (2) by striking the period at the end of paragraph (10) and inserting; and"; and (3) by adding at the end the following new paragraph:

    • (11XA) by written notice served on the person and pursuant to such rules, regulations, and orders as the Commission

may adopt, to suspend or modify the registration of any person registered under this Act who is charged (in any information, indictment, or complaint authorized by a United States attorney or an appropriate official of any State) with the commission of or participation in a crime involving a violation of this Act, or a violation of any other provision of Federal or State law that would reflect on the honesty or the fitness of the person to act as a fiducianr (including an offense specified in subparagraph (D) or (E) of paragraph (2)) that is punishable by imprisonment for a term exceeding one year, if the Commission determines that continued registration of the person may pose a threat to the public interest or may threaten to impair public confidence in any market regulated by the Commission.