the meaning of the Commodity Exchange Act. (4) Futures commission merchant The term futures commission merchant has the meaning given the term in section 1a(28) of the Commodity Exchange Act. (5) SIPA The term SIPA means the Security Investors Protection Act of 1970. (6) SIPC The term SIPC means the Security Investors Protection Corporation. (7) SIPC fund The term SIPC fund means the fund established under section 4(a)(1) of the SIPA. 3. Suitability rules (a) In general The Commodity Exchange Act ( 7 U.S.C. 1 et seq.) is amended by inserting after section 4t the following: 4u. Suitability rules (a) In general (1) Recommendations must be suitable for the customer A futures commission merchant shall not recommend a transaction or investment strategy involving a contract of sale of a commodity for future delivery, unless the futures commission merchant has a reasonable basis to believe that the transaction or investment strategy is suitable for the customer, based on the information obtained through the reasonable diligence of the futures commission merchant to ascertain the customer's investment profile. A customer's investment profile includes, but is not limited to, the customer's age, other investments, financial situation and needs, tax status, investment objectives, investment experience, investment time horizon, liquidity needs, risk tolerance, and any other information the customer may disclose to the futures commission merchant in connection with the recommendation. (2) Safe harbor in certain cases A futures commission merchant is deemed to comply with paragraph (1) in the case of a customer with an institutional account, if— (A) the futures commission merchant has a reasonable basis to believe that the customer is capable of evaluating investment risks independently, both in general and with regard to particular transactions and investment strategies involving a contract of sale of a commodity for future delivery