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S. 552: A bill to amend the Commodity Exchange Act to exempt certain charitable organizations from regulation as commodity pool operators, and for other purposes.

The text of the bill below is as of Feb 26, 2019 (Introduced).


II

116th CONGRESS

1st Session

S. 552

IN THE SENATE OF THE UNITED STATES

February 26, 2019

(for herself and Mr. Perdue) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Commodity Exchange Act to exempt certain charitable organizations from regulation as commodity pool operators, and for other purposes.

1.

Exemption of qualified charitable organizations from regulation as commodity pool operators

Section 4m of the Commodity Exchange Act (7 U.S.C. 6m) is amended—

(1)

by striking Sec. 4m. (1) It and inserting the following:

4m.

Use of mails or other means or instrumentalities of interstate commerce by commodity trading advisors and commodity pool operators

(a)

Prohibition

(1)

In general

It

;

(2)

in the second sentence—

(A)

by striking The provisions of this section and inserting the following:

(2)

Exceptions

(A)

Commodity trading advisors

(i)

In general

Subject to clause (ii) and except as provided in subparagraphs (B) and (C), this section

;

(B)

by striking commodity trading advisor who is a (1) dealer and inserting the following: “commodity trading advisor who is a—

(I)

dealer

;

(C)

by striking or (2) nonprofit and inserting the following: “; or

(II)

nonprofit

;

(D)

by striking Commodity Futures Trading Commission Act of 1974; if the advice by the person described in clause (1) or (2) of this sentence and inserting the following: “Commodity Futures Trading Commission Act of 1974.

(ii)

Applicability

Clause (i) only applies if the advice by the person described in subclause (I) or (II) of clause (i)

;

(E)

by striking business: and inserting business.; and

(F)

by striking Provided, That such person shall be subject to proceedings under section 14 of this Act. and inserting the following:

(B)

Complaints against excepted persons

A person described in subclause (I) or (II) of clause (i) shall be subject to proceedings under section 14.

(C)

Charitable organizations

This section shall not apply to any commodity trading advisor or commodity pool operator that is—

(i)

a charitable organization, as defined in section 3(c)(10)(D)(iii) of the Investment Company Act of 1940 (15 U.S.C. 80a–3(c)(10)(D)(iii)), or a trustee, director, officer, employee, or volunteer of such a charitable organization acting within the scope of the employment or duties of the person with the organization, whose trading advice is provided only to, or with respect to, 1 or more of—

(I)

any such charitable organizations; or

(II)

an investment trust, syndicate, or similar form of enterprise excluded from the definition of investment company pursuant to section 3(c)(10) of the Investment Company Act of 1940 (15 U.S.C. 80a–3(c)(10)); or

(ii)

any plan, company, or account described in section 3(c)(14) of the Investment Company Act of 1940 (15 U.S.C. 80a–3(c)(14)), any person or entity who establishes or maintains such a plan, company, or account, or any trustee, director, officer, employee, or volunteer for any of the foregoing plans, persons, or entities acting within the scope of the employment or duties of the person with the organization, whose trading advice is provided only to, or with respect to, any investment trust, syndicate, or similar form of enterprise excluded from the definition of investment company pursuant to section 3(c)(14) of the Investment Company Act of 1940 (15 U.S.C. 80a–3(c)(14)).

;

(3)

by striking (2) Nothing in this Act and inserting the following:

(b)

Relationship to other law

Nothing in this Act

;

(4)

by striking (3) Exception.— and all that follows through Paragraph (1) shall not apply and inserting the following:

(c)

Exception

(1)

In general

Subsection (a) shall not apply

;

(5)

by striking (B) Engaged primarily.—For purposes of subparagraph (A) and inserting the following:

(2)

Engaged primarily

For purposes of paragraph (1)

;

(6)

by striking (C) Commodity interests.—For purposes of this paragraph and inserting the following:

(3)

Commodity interests

For purposes of this subsection

; and

(7)

by adding at the end the following:

(d)

Disclosure concerning exempted charitable organizations

A commodity trading advisor or commodity pool operator that is an organization or person described in subsection (a)(2)(C)(i) to or of any investment trust, syndicate, or similar form of enterprise excluded from the definition of investment company pursuant to section 3(c)(10)(B) of the Investment Company Act of 1940 (15 U.S.C. 80a–3(c)(10)(B)) shall provide disclosure in accordance with section 7(e) of that Act (15 U.S.C. 80a–7(e)).

.