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Futures Trading Practices Act of 1992

Public Law 102-546 · H.R. 707 · 102nd Congress · began in the House

Signed by George H. W. Bush (R) on Oct 28, 1992 · Agriculture and Food

Sponsor: Rep. Glenn English (D-OK-6)

Cosponsors (3): Rep. Kika de la Garza,

Passage votes

  • HouseVoice vote
  • SenateVoice vote
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

Futures Trading Practices Act of 1992 - Title I: Limitations on Certain Trading Practices - Amends the Commodity Exchange Act to prohibit dual trading by a floor broker in a contract market unless the market's trading volume is less than the trading level threshold determined by the Commodity Futures Trading Commission (CFTC). Authorizes CFTC threshold adjustments. Exempts other markets if: (1) a trade monitoring system is in place; or (2) there is substantial likelihood that a dual trading suspension would harm public interest and other corrective measures are sufficient.

Prohibits trading between floor traders or brokers and affiliated customers. Requires disclosure of formal or informal business affiliations between floor brokers and traders.

Title II: Enhancement of Regulatory and Enforcement of Regulatory and Enforcement Activities - Requires every contract market to maintain a system to monitor trading to detect and deter violations of the Act relating to the making of trades and the execution of customer orders. Requires any audit trail system that is part of such a monitoring system to capture transaction times independently, promptly, precisely, and completely, including a record of the time a customer order is received on the exchange floor and received and executed by the floor broker.

Authorizes audit trail exemptions for: (1) small exchanges with demonstrated compliance; and (2) certain categories of customer orders.

Requires biennial CFTC assessments of each market's trade monitoring system. Directs the CFTC to issue deficiency orders requiring timely correction of any such system failing to meet standards. Bars the placing of oral orders except according to certain CFTC rules.

Requires a CFTC compliance report to be filed with the appropriate congressional committees.

Requires each futures association to adopt telemarketing fraud disciplinary criteria, which shall include a prohibition on a person who has solicited a new account by telephone from entering any orders for such account for three days after the customer has signed the risk disclosure statement.

Continues CFTC authority to conduct undercover enforcement operations.

Prescribes meaningful representation on exchange boards of brokerage firms, commodity producers and consumers, and floor traders and brokers. Specifies diversity of membership that must prevail on major disciplinary panels.

Requires floor trader registration. Revises provisions regarding: (1) registration; and (2) enforcement of money penalties.

Requires ethics training for new registrants.

Provides for nationwide service of process and venue in U.S. district courts.

Increases money penalties for specified violations under such Act.

Provides for contract market emergency rules (effective on a temporary basis without prior CFTC approval or without compliance with notice requirements). Requires CFTC approval or disapproval within ten days of notification (or as soon as practicable) and a report to the appropriate congressional committees.

Makes insider trading a felony.

Sets forth Commissioner qualifications.

Prohibits voting by financially interested members of a governing board or committee.

Directs the Comptroller General to conduct studies and report to the appropriate congressional committees with regard to: (1) agricultural commodity contract delivery points; and (2) transaction assessments.

Directs the CFTC to conduct studies and report to the appropriate congressional committees with regard to: (1) competitiveness of boards of trade; and (2) computerized futures trading.

Authorizes the CFTC to seek monetary penalties in civil court. Makes CFTC merchants liable to customers for any losses caused by the malfeasance of their chosen floor brokers. Allows customers to sue floor brokers for punitive damages of up to double actual losses.

Authorizes the CFTC to require customer restitution.

Authorizes class action suits against registered persons if the Commission has issued final rules permitting such actions.

Directs the CFTC to make a study of CFTC and contract market penalties and related industry guidelines.

Permits futures associations to appeal certain CFTC decisions.

Requires the CFTC to publish any dissenting or separate opinions whenever it publishes any opinion, rule, or other official rule.

Authorizes the CFTC to suspend or modify the registration of a person charged with a felony that reflects on such person's fiduciary fitness.

Requires each registered futures commission merchant to keep records of its financial and operational risk control procedures with respect to affiliated persons, other than a natural person.

Title III: Assistance to Foreign Futures Authorities - Provides for cooperation with foreign futures authorities with regard to: (1) subpoena authority; (2) investigative assistance; (3) information disclosure and receipt; and (4) payment for necessary investigative expenses.

Title IV: Authorization of Appropriations; Technical Amendments; Effective Date - Authorizes FY 1993 and 1994 appropriations to carry out the purposes of such Act.

Makes technical amendments. Defines specified terms for purposes of such Act.

Title V: Intermarket Coordination - Requires any contract market in a stock index futures contract to file with the Board of Governors of the Federal Reserve System any rule establishing or changing margin levels.

Authorizes the CFTC to exempt any agreement, contract, or transaction from the requirements of such Act (with a specified exception) if the CFTC determines the exemption would be consistent with the public interest.

Committees

The committees the bill was sent to, and what each did with it.

Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 53 actions.

  1. Oct 28, 1992Became lawBecame law · Became Public Law No: 102-546.
  2. Became lawBecame law · Signed by President.
  3. Oct 19, 1992PresidentPresident · Presented to President.
  4. Oct 8, 1992Resolving differencesResolving differences · Senate agreed to conference report by Voice Vote.
  5. Resolving differencesResolving differences · Conference report agreed to in Senate: Senate agreed to conference report by Voice Vote.
  6. Oct 5, 1992Resolving differencesResolving differences · Conference papers: Senate report and managers' statement held at the desk in Senate.
  7. Oct 3, 1992Resolving differencesResolving differences · Conference papers: message on House action held at the desk in Senate.
  8. Oct 2, 1992Resolving differencesResolving differences · On agreeing to the conference report Agreed to by voice vote.
  9. Resolving differencesResolving differences · Motions to reconsider laid on the table Agreed to without objection.
  10. Resolving differencesResolving differences · Conference report agreed to in House: On agreeing to the conference report Agreed to by voice vote.
  11. Resolving differencesResolving differences · The previous question was ordered without objection.
  12. Resolving differencesResolving differences · Mr. de la Garza brought up conference report H. Rept. 102-978 by previously agreed to special order.
  13. Resolving differencesResolving differences · Conference report H. Rept. 102-978 filed.
  14. Resolving differencesResolving differences · Conference report filed: Conference report H. Rept. 102-978 filed.
  15. FloorFloor · DEBATE - The House proceeded with one hour of debate on the conference report.
  16. Sep 24, 1992Resolving differencesResolving differences · Conferees agreed to file conference report.
  17. Resolving differencesResolving differences · Conference committee actions: Conferees agreed to file conference report.
  18. Aug 11, 1992Resolving differencesResolving differences · Conference held.
  19. Resolving differencesResolving differences · Conference committee actions: Conference held.
  20. Aug 4, 1992Resolving differencesResolving differences · Conference held.
  21. Resolving differencesResolving differences · Conference committee actions: Conference held.
  22. Jul 29, 1992Resolving differencesResolving differences · Conference held.
  23. Resolving differencesResolving differences · Conference committee actions: Conference held.
  24. Jul 23, 1992Resolving differencesResolving differences · Conference held.
  25. Resolving differencesResolving differences · Conference committee actions: Conference held.
  26. Nov 6, 1991Resolving differencesResolving differences · Conference held.
  27. Resolving differencesResolving differences · Conference committee actions: Conference held.
  28. Oct 2, 1991Resolving differencesResolving differences · Motion to reconsider laid on the table Agreed to without objection.
  29. Resolving differencesResolving differences · The chair appointed additional conferees - from the Committee on Energy and Commerce for consideration of sec. 263 and title III of the Senate amendment, and modifications committed to conference: Dingell, Markey, Scheuer, Synar, Eckart, Slattery, Lent, Rinaldo, Moorhead, and Ri…
  30. Resolving differencesResolving differences · The chair appointed additional conferees - from the Committee on Banking, Finance and Urban Affairs for consideration of sec. 263 and title III of the Senate amendment, and modifications committed to conference: Gonzalez, Annunzio, Neal (NC), Hubbard, LaFalce, Oakar, Wylie, Leac…
Data notes

Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.

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Official record

The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.