Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	5,072	n/a	n/a
Engrossed in House	5,035	21	12%
Referred in Senate	5,021	5 Show Changes Hide Changes	1%

Display Version Introduced in House Engrossed in House Referred in Senate

HR 6604 EHRFSCommentsClose CommentsPermalink

110th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 6604CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

To amend the Commodity Exchange Act to bring greater transparency and accountability to commodity markets, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Commodity Markets Transparency and Accountability Act of 2008’.CommentsClose CommentsPermalink

SEC. 2. TABLE OF CONTENTS.

The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Table of contents.CommentsClose CommentsPermalink





Sec. 3. Definition of energy commodity.CommentsClose CommentsPermalink





Sec. 4. Speculative limits and transparency of off-shore trading.CommentsClose CommentsPermalink





Sec. 5. Disaggregation of index funds and other data in energy and agriculture markets.CommentsClose CommentsPermalink





Sec. 6. Detailed reporting from index traders and swap dealers.CommentsClose CommentsPermalink





Sec. 7. Transparency and recordkeeping authorities.CommentsClose CommentsPermalink





Sec. 8. Trading limits to prevent excessive speculation.CommentsClose CommentsPermalink





Sec. 9. Modifications to core principles applicable to position limits for contracts in agricultural and energy commodities.CommentsClose CommentsPermalink





Sec. 10. CFTC Administration.CommentsClose CommentsPermalink





Sec. 11. Review of prior actions.CommentsClose CommentsPermalink





Sec. 12. Review of over-the-counter markets.CommentsClose CommentsPermalink





Sec. 13. Studies; reports.CommentsClose CommentsPermalink





Sec. 14. Over-the-counter authority.CommentsClose CommentsPermalink





Sec. 15. Expedited process.CommentsClose CommentsPermalink

SEC. 3. DEFINITION OF ENERGY COMMODITY.

(a) Definition of Energy Commodity- Section 1a of the Commodity Exchange Act (7 U.S.C. 1a) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (13) through (34) as paragraphs (14) through (35), respectively; andCommentsClose CommentsPermalink





(2) by inserting after paragraph (12) the following:CommentsClose CommentsPermalink





‘(13) ENERGY COMMODITY- The term ‘energy commodity’ means--CommentsClose CommentsPermalink





‘(A) coal;CommentsClose CommentsPermalink





‘(B) crude oil, gasoline, diesel fuel, jet fuel, heating oil, and propane;CommentsClose CommentsPermalink





‘(C) electricity;CommentsClose CommentsPermalink





‘(D) natural gas; andCommentsClose CommentsPermalink





‘(E) any other substance that is used as a source of energy, as the Commission, in its discretion, deems appropriate.’.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 2(c)(2)(B)(i)(II)(cc) of the Commodity Exchange Act (7 U.S.C. 2(c)(2)(B)(i)(II)(cc)) is amended--CommentsClose CommentsPermalink





(A) in subitem (AA), by striking ‘section 1a(20)’ and inserting ‘section 1a(21)’; andCommentsClose CommentsPermalink





(B) in subitem (BB), by striking ‘section 1a(20)’ and inserting ‘section 1a(21)’.CommentsClose CommentsPermalink





(2) Section 13106(b)(1) of the Food, Conservation, and Energy Act of 2008 is amended by striking ‘section 1a(32)’ and inserting ‘section 1a’.CommentsClose CommentsPermalink





(3) Section 402 of the Legal Certainty for Bank Products Act of 2000 (7 U.S.C. 27) is amended--CommentsClose CommentsPermalink





(A) in subsection (a)(7), by striking ‘section 1a(20)’ and inserting ‘section 1a’; andCommentsClose CommentsPermalink





(B) in subsection (d)--CommentsClose CommentsPermalink





(i) in paragraph (1)(B), by striking ‘section 1a(33)’ and inserting ‘section 1a’; andCommentsClose CommentsPermalink





(ii) in paragraph (2)(D), by striking ‘section 1a(13)’ and inserting ‘section 1a’.CommentsClose CommentsPermalink

SEC. 4. SPECULATIVE LIMITS AND TRANSPARENCY OF OFF-SHORE TRADING.

(a) In General- Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(e) Foreign Boards of Trade-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Commission may not permit a foreign board of trade to provide to the members of the foreign board of trade or other participants located in the United States direct access to the electronic trading and order matching system of the foreign board of trade with respect to an agreement, contract, or transaction in an energy or agricultural commodity that settles against any price (including the daily or final settlement price) of 1 or more contracts listed for trading on a registered entity, unless--CommentsClose CommentsPermalink





‘(A) the foreign board of trade makes public daily trading information regarding the agreement, contract, or transaction that is comparable to the daily trading information published by the registered entity for the 1 or more contracts against which the agreement, contract, or transaction traded on the foreign board of trade settles; andCommentsClose CommentsPermalink





‘(B) the foreign board of trade (or the foreign futures authority that oversees the foreign board of trade)--CommentsClose CommentsPermalink





‘(i) adopts position limits (including related hedge exemption provisions) for the agreement, contract, or transaction that are comparable, taking into consideration the relative sizes of the respective markets, to the position limits (including related hedge exemption provisions) adopted by the registered entity for the 1 or more contracts against which the agreement, contract, or transaction traded on the foreign board of trade settles;CommentsClose CommentsPermalink





‘(ii) has the authority to require or direct market participants to limit, reduce, or liquidate any position the foreign board of trade (or the foreign futures authority that oversees the foreign board of trade) determines to be necessary to prevent or reduce the threat of price manipulation, excessive speculation as described in section 4a, price distortion, or disruption of delivery or the cash settlement process;CommentsClose CommentsPermalink





‘(iii) agrees to promptly notify the Commission of any change regarding--CommentsClose CommentsPermalink





‘(I) the information that the foreign board of trade will make publicly available;CommentsClose CommentsPermalink





‘(II) the position limits that the foreign board of trade or foreign futures authority will adopt and enforce;CommentsClose CommentsPermalink





‘(III) the position reductions required to prevent manipulation, excessive speculation as described in section 4a, price distortion, or disruption of delivery or the cash settlement process; andCommentsClose CommentsPermalink





‘(IV) any other area of interest expressed by the Commission to the foreign board of trade or foreign futures authority;CommentsClose CommentsPermalink





‘(iv) provides information to the Commission regarding large trader positions in the agreement, contract, or transaction that is comparable to the large trader position information collected by the Commission for the 1 or more contracts against which the agreement, contract, or transaction traded on the foreign board of trade settles; andCommentsClose CommentsPermalink





‘(v) provides the Commission with information necessary to publish reports on aggregate trader positions for the agreement, contract, or transaction traded on the foreign board of trade that are comparable to such reports for 1 or more contracts against which the agreement, contract, or transaction traded on the foreign board of trade settles.CommentsClose CommentsPermalink





‘(2) EXISTING FOREIGN BOARDS OF TRADE- Paragraph (1) shall not be effective with respect to any agreement, contract, or transaction in an energy commodity executed on a foreign board of trade to which the Commission had granted direct access permission before the date of the enactment of this subsection until the date that is 180 days after such date of enactment.’.CommentsClose CommentsPermalink





(b) Liability of Registered Persons Trading on a Foreign Board of Trade-CommentsClose CommentsPermalink





(1) Section 4(a) of such Act (7 U.S.C. 6(a)) is amended by inserting ‘or by subsection (f)’ after ‘Unless exempted by the Commission pursuant to subsection (c)’.CommentsClose CommentsPermalink





(2) Section 4 of such Act (7 U.S.C. 6) is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(f) A person registered with the Commission, or exempt from registration by the Commission, under this Act may not be found to have violated subsection (a) with respect to a transaction in, or in connection with, a contract of sale of a commodity for future delivery if the person has reason to believe the transaction and the contract is made on or subject to the rules of a board of trade that is legally organized under the laws of a foreign country, authorized to act as a board of trade by a foreign futures authority, subject to regulation by the foreign futures authority, and has not been determined by the Commission to be operating in violation of subsection (a).’.CommentsClose CommentsPermalink





(c) Contract Enforcement for Foreign Futures Contracts- Section 22(a) of such Act (7 U.S.C. 25(a)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(5) A contract of sale of a commodity for future delivery traded or executed on or through the facilities of a board of trade, exchange, or market located outside the United States for purposes of section 4(a) shall not be void, voidable, or unenforceable, and a party to such a contract shall not be entitled to rescind or recover any payment made with respect to the contract, based on the failure of the foreign board of trade to comply with any provision of this Act.’.CommentsClose CommentsPermalink

SEC. 5. DISAGGREGATION OF INDEX FUNDS AND OTHER DATA IN ENERGY AND AGRICULTURE MARKETS.

Section 4 of the Commodity Exchange Act (7 U.S.C. 6), as amended by section 4 of this Act, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(g) Disaggregation of Index Funds and Other Data in Energy and Agriculture Markets- Subject to section 8 and beginning within 30 days of the issuance of the final rule required by section 4(h), the Commission shall disaggregate and make public weekly--CommentsClose CommentsPermalink





‘(1) the number of positions and total value of index funds and other passive, long-only and short-only positions (as defined by the Commission) in all energy and agricultural markets to the extent such information is available; andCommentsClose CommentsPermalink





‘(2) data on speculative positions relative to bona fide physical hedgers in those markets to the extent such information is available.’.CommentsClose CommentsPermalink

SEC. 6. DETAILED REPORTING FROM INDEX TRADERS AND SWAP DEALERS.

Section 4 of the Commodity Exchange Act (7 U.S.C. 6), as amended by sections 4 and 5 of this Act, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(h) Index Traders and Swap Dealers Reporting- The Commission shall issue a proposed rule defining and classifying index traders and swap dealers (as those terms are defined by the Commission) for purposes of data reporting requirements and setting routine detailed reporting requirements for such entities in designated contract markets, derivatives transaction execution facilities, foreign boards of trade subject to section 4(e), and electronic trading facilities with respect to significant price discovery contracts with respect to exempt and agricultural commodities not later than 60 days after the date of the enactment of this subsection, and issue a final rule within 120 days after such date of enactment.’.CommentsClose CommentsPermalink

SEC. 7. TRANSPARENCY AND RECORDKEEPING AUTHORITIES.

(a) In General- Section 4g(a) of the Commodity Exchange Act (7 U.S.C. 6g(a)) is amended--CommentsClose CommentsPermalink





(1) by inserting ‘a’ before ‘futures commission merchant’; andCommentsClose CommentsPermalink





(2) by inserting ‘and transactions and positions traded pursuant to subsection (g), (h)(1), or (h)(2) of section 2, or any exemption issued by the Commission by rule, regulation or order,’ after ‘United States or elsewhere,’.CommentsClose CommentsPermalink





(b) Reports of Deals Equal to or in Excess of Trading Limits- Section 4i of such Act (7 U.S.C. 6i) is amended--CommentsClose CommentsPermalink





(1) in the first sentence--CommentsClose CommentsPermalink





(A) by inserting ‘(a)’ before ‘It shall’; andCommentsClose CommentsPermalink





(B) by inserting ‘in the United States or elsewhere, and of transactions and positions in any such commodity entered into pursuant to subsection (g), (h)(1), or (h)(2) of section 2, or any exemption issued by the Commission by rule, regulation or order’ before ‘, and of cash or spot’; andCommentsClose CommentsPermalink





(2) by striking all that follows the 1st sentence and inserting the following:CommentsClose CommentsPermalink





‘(b) With respect to agricultural and energy commodities, upon special call by the Commission, any person shall provide to the Commission, in a form and manner and within the period specified in the special call, books and records of all transactions and positions traded on or subject to the rules of any board of trade or electronic trading facility in the United States or elsewhere, or pursuant to subsection (g), (h)(1), or (h)(2) of section 2, or any exemption issued by the Commission by rule, regulation, or order, as the Commission may determine appropriate to deter and prevent price manipulation or any other disruption to market integrity or to diminish, eliminate, or prevent excessive speculation as described in section 4a(a).CommentsClose CommentsPermalink





‘(c) Such books and records described in subsections (a) and (b) shall show complete details concerning all such transactions, positions, inventories, and commitments, including the names and addresses of all persons having any interest therein, shall be kept for a period of 5 years, and shall be open at all times to inspection by any representative of the Commission or the Department of Justice. For the purposes of this section, the futures and cash or spot transactions and positions of any person shall include such transactions and positions of any persons directly or indirectly controlled by the person.’.CommentsClose CommentsPermalink





(c) Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 2(g) of such Act (7 U.S.C. 2(g)) is amended--CommentsClose CommentsPermalink





(A) by inserting ‘4g(a), 4i,’ before ‘5a (to’; andCommentsClose CommentsPermalink





(B) by inserting ‘, and the regulations of the Commission pursuant to section 4i(b) requiring reporting in connection with commodity option transactions,’ before ‘shall apply’.CommentsClose CommentsPermalink





(2) Section 2(h)(2)(A) of such Act (7 U.S.C. 2(h)(2)(A)) is amended to read as follows:CommentsClose CommentsPermalink





‘(A) sections 4g(a), 4i, 5b and 12(e)(2)(B), and the regulations of the Commission pursuant to section 4i(b) requiring reporting in connection with commodity option transactions;’.CommentsClose CommentsPermalink

SEC. 8. TRADING LIMITS TO PREVENT EXCESSIVE SPECULATION.

Section 4a of the Commodity Exchange Act (7 U.S.C. 6a) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by inserting ‘(1)’ after ‘(a)’; andCommentsClose CommentsPermalink





(B) by adding after and below the end the following:CommentsClose CommentsPermalink





‘(2) In accordance with the standards set forth in paragraph (1) of this subsection and consistent with the good faith exception cited in subsection (b)(2), with respect to agricultural commodities enumerated in section 1a(4) and energy commodities, the Commission, within 60 days after the date of the enactment of this paragraph, shall by rule, regulation, or order establish limits on the amount of positions, other than bona fide hedge positions, that may be held by any person with respect to contracts of sale for future delivery or with respect to options on such contracts or commodities traded on or subject to the rules of a contract market or derivatives transaction execution facility, or on an electronic trading facility as a significant price discovery contract.CommentsClose CommentsPermalink





‘(3) In establishing the limits required in paragraph (2), the Commission shall set limits--CommentsClose CommentsPermalink





‘(A) on the number of positions that may be held by any person for the spot month, each other month, and the aggregate number of positions that may be held by any person for all months;CommentsClose CommentsPermalink





‘(B) to the maximum extent practicable, in its discretion--CommentsClose CommentsPermalink





‘(i) to diminish, eliminate, or prevent excessive speculation as described under this section;CommentsClose CommentsPermalink





‘(ii) to deter and prevent market manipulation, squeezes, and corners;CommentsClose CommentsPermalink





‘(iii) to ensure sufficient market liquidity for bona fide hedgers; andCommentsClose CommentsPermalink





‘(iv) to ensure that the price discovery function of the underlying market is not disrupted; andCommentsClose CommentsPermalink





‘(C) to the maximum extent practicable, in its discretion, take into account the total number of positions in fungible agreements, contracts, or transactions that a person can hold in agricultural and energy commodities in other markets.CommentsClose CommentsPermalink





‘(4)(A) Not later than 150 days after the date of the enactment of this paragraph, the Commission shall convene a Position Limit Agricultural Advisory Group and a Position Limit Energy Group, each group consisting of representatives from--CommentsClose CommentsPermalink





‘(i) 7 predominantly commercial short hedgers of the actual physical commodity for future delivery;CommentsClose CommentsPermalink





‘(ii) 7 predominantly commercial long hedgers of the actual physical commodity for future delivery;CommentsClose CommentsPermalink





‘(iii) 4 non-commercial participants in markets for commodities for future delivery; andCommentsClose CommentsPermalink





‘(iv) each designated contract market or derivatives transaction execution facility upon which a contract in the commodity for future delivery is traded, and each electronic trading facility that has a significant price discovery contract in the commodity.CommentsClose CommentsPermalink





‘(B) Not later than 60 days after the date on which the advisory groups are convened under subparagraph (A), and annually thereafter, the advisory groups shall submit to the Commission advisory recommendations regarding the position limits to be established in paragraph (2) and a recommendation as to whether the position limits should be administered directly by the Commission, or by the registered entity on which the commodity is listed (with enforcement by both the registered entity and the Commission).’; andCommentsClose CommentsPermalink





(2) in subsection (c)--CommentsClose CommentsPermalink





(A) by inserting ‘(1)’ after ‘(c)’; andCommentsClose CommentsPermalink





(B) by adding after and below the end the following:CommentsClose CommentsPermalink





‘(2) With respect to agricultural and energy commodities, for the purposes of contracts of sale for future delivery and options on such contracts or commodities, the Commission shall define what constitutes a bona fide hedging transaction or position as a transaction or position that--CommentsClose CommentsPermalink





‘(A)(i) represents a substitute for transactions to be made or positions to be taken at a later time in a physical marketing channel;CommentsClose CommentsPermalink





‘(ii) is economically appropriate to the reduction of risks in the conduct and management of a commercial enterprise; andCommentsClose CommentsPermalink





‘(iii) arises from the potential change in the value of--CommentsClose CommentsPermalink





‘(I) assets that a person owns, produces, manufactures, processes, or merchandises or anticipates owning, producing, manufacturing, processing, or merchandising;CommentsClose CommentsPermalink





‘(II) liabilities that a person owns or anticipates incurring; orCommentsClose CommentsPermalink





‘(III) services that a person provides, purchases, or anticipates providing or purchasing; orCommentsClose CommentsPermalink





‘(B) reduces risks attendant to a position resulting from a transaction that--CommentsClose CommentsPermalink





‘(i) was executed pursuant to subsection (g), (h)(1), or (h)(2) of section 2, or an exemption issued by the Commission by rule, regulation or order; andCommentsClose CommentsPermalink





‘(ii) was executed opposite a counterparty for which the transaction would qualify as a bona fide hedging transaction pursuant to paragraph (2)(A) of this subsection.’.CommentsClose CommentsPermalink

SEC. 9. MODIFICATIONS TO CORE PRINCIPLES APPLICABLE TO POSITION LIMITS FOR CONTRACTS IN AGRICULTURAL AND ENERGY COMMODITIES.

(a) Contracts Traded on Contract Markets- Section 5(d)(5) of the Commodity Exchange Act (7 U.S.C. 7(d)(5)) is amended by striking all that follows ‘adopt’ and inserting ‘, for speculators, position limitations with respect to agricultural commodities enumerated in section 1a(4) or energy commodities, and position limitations or position accountability with respect to other commodities, where necessary and appropriate.’.CommentsClose CommentsPermalink





(b) Contracts Traded on Derivatives Transaction Execution Facilities- Section 5a(d)(4) of such Act (7 U.S.C. 7a(d)(4)) is amended by striking all that follows ‘adopt’ and inserting ‘, for speculators, position limitations with respect to energy commodities, and position limitations or position accountability with respect to other commodities, where necessary and appropriate for a contract, agreement or transaction with an underlying commodity that has a physically deliverable supply.’.CommentsClose CommentsPermalink





(c) Significant Price Discovery Contracts- Section 2(h)(7)(C)(ii)(IV) of such Act (7 U.S.C. 2(h)(7)(C)(ii)(IV)) is amended by striking ‘where necessary’ and all that follows through ‘in significant price discovery contracts’ and inserting ‘for speculators, position limitations with respect to significant price discovery contracts in energy commodities, and position limitations or position accountability with respect to significant price discovery contracts in other commodities’.CommentsClose CommentsPermalink

SEC. 10. CFTC ADMINISTRATION.

Section 2(a)(7) of the Commodity Exchange Act (7 U.S.C. 2(a)(7)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(D) ADDITIONAL EMPLOYEES- As soon as practicable after the date of the enactment of this subparagraph, subject to appropriations, the Commission shall appoint at least 100 full-time employees (in addition to the employees employed by the Commission as of the date of the enactment of this subparagraph)--CommentsClose CommentsPermalink





‘(i) to increase the public transparency of operations in agriculture and energy markets;CommentsClose CommentsPermalink





‘(ii) to improve the enforcement of this Act in those markets; andCommentsClose CommentsPermalink





‘(iii) to carry out such other duties as are prescribed by the Commission.’.CommentsClose CommentsPermalink

SEC. 11. REVIEW OF PRIOR ACTIONS.

Notwithstanding any other provision of the Commodity Exchange Act, the Commodity Futures Trading Commission shall review, as appropriate, all regulations, rules, exemptions, exclusions, guidance, no action letters, orders, other actions taken by or on behalf of the Commission, and any action taken pursuant to the Commodity Exchange Act by an exchange, self-regulatory organization, or any other registered entity, that are currently in effect, to ensure that such prior actions are in compliance with the provisions of this Act.CommentsClose CommentsPermalink

SEC. 12. REVIEW OF OVER-THE-COUNTER MARKETS.

(a) Study- The Commodity Futures Trading Commission shall conduct a study--CommentsClose CommentsPermalink





(1) to determine the efficacy, practicality, and consequences of establishing limits on the amount of positions, other than bona fide hedge positions, that may be held by any person with respect to agreements, contracts, or transactions involving an agricultural or energy commodity, conducted in reliance on sections 2(g) and 2(h) of the Commodity Exchange Act and of any exemption issued by the Commission by rule, regulation or order, that are fungible (as defined by the Commission) with agreements, contracts, or transactions traded on or subject to the rules of any board of trade or of any electronic trading facility with respect to a significant price discovery contract, as a means to deter and prevent price manipulation or any other disruption to market integrity or to diminish, eliminate, or prevent excessive speculation as described in section 4a of such Act for physical-based agricultural or energy commodities; andCommentsClose CommentsPermalink





(2) to determine the efficacy, practicality, and consequences of establishing aggregate position limits for similar agreements, contracts, or transactions for physical-based agricultural or energy commodities traded--CommentsClose CommentsPermalink





(A) on designated contract markets;CommentsClose CommentsPermalink





(B) on derivatives transaction execution facilities; andCommentsClose CommentsPermalink





(C) in reliance on such sections 2(g) and 2(h) and of any exemption issued by the Commission by rule, regulation or order.CommentsClose CommentsPermalink





(b) Public Hearings- The Commission shall provide for not less than 2 public hearings to take testimony, on the record, as part of the fact- gathering process in preparation of the report.CommentsClose CommentsPermalink





(c) Report and Recommendations- Not less than 12 months after the date of the enactment of this section, the Commission shall provide to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that--CommentsClose CommentsPermalink





(1) describes the results of the study; andCommentsClose CommentsPermalink





(2) provides recommendations on any actions necessary to deter and prevent price manipulation or any other disruption to market integrity or to diminish, eliminate, or prevent excessive speculation as described in section 4a of the Commodity Exchange Act for physical-based commodities, including--CommentsClose CommentsPermalink





(A) any additional statutory authority that the Commission determines to be necessary to implement the recommendations; andCommentsClose CommentsPermalink





(B) a description of the resources that the Commission considers to be necessary to implement the recommendations.CommentsClose CommentsPermalink

SEC. 13. STUDIES; REPORTS.

(a) Study Relating to International Regulation of Energy Commodity Markets-CommentsClose CommentsPermalink





(1) IN GENERAL- The Comptroller General of the United States shall conduct a study of the international regime for regulating the trading of energy commodity futures and derivatives.CommentsClose CommentsPermalink





(2) ANALYSIS- The study shall include an analysis of, at a minimum--CommentsClose CommentsPermalink





(A) key common features and differences among countries in the regulation of energy commodity trading, including with respect to market oversight and enforcement standards and activities;CommentsClose CommentsPermalink





(B) variations among countries with respect to the use of position limits, position accountability levels, or other thresholds to detect and prevent price manipulation, excessive speculation as described in section 4a of the Commodity Exchange Act, or other unfair trading practices;CommentsClose CommentsPermalink





(C) variations in practices regarding the differentiation of commercial and noncommercial trading;CommentsClose CommentsPermalink





(D) agreements and practices for sharing market and trading data among futures authorities and between futures authorities and the entities that the futures authorities oversee; andCommentsClose CommentsPermalink





(E) agreements and practices for facilitating international cooperation on market oversight, compliance, and enforcement.CommentsClose CommentsPermalink





(3) REPORT- Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that--CommentsClose CommentsPermalink





(A) describes the results of the study;CommentsClose CommentsPermalink





(B) addresses whether there is excessive speculation, and if so, the effects of any such speculation and energy price volatility on energy futures; andCommentsClose CommentsPermalink





(C) provides recommendations to improve openness, transparency, and other necessary elements of a properly functioning market in a manner that protects consumers in the United States.CommentsClose CommentsPermalink





(b) Study Relating to Effects of Speculators on Agriculture and Energy Futures Markets and Agriculture and Energy Prices-CommentsClose CommentsPermalink





(1) STUDY- The Commodity Futures Trading Commission shall conduct a study of the effects of speculators on agriculture and energy futures markets and agriculture and energy prices.CommentsClose CommentsPermalink





(2) ANALYSIS- The study shall include an analysis of, at a minimum--CommentsClose CommentsPermalink





(A) the effect of increased amounts of capital in agriculture and energy futures markets;CommentsClose CommentsPermalink





(B) the impact of the roll-over of positions by index fund traders and swap dealers on agriculture and energy futures markets and agriculture and energy prices; andCommentsClose CommentsPermalink





(C) the extent to which each factor described in subparagraphs (A) and (B) and speculators--CommentsClose CommentsPermalink





(i) affect--CommentsClose CommentsPermalink





(I) the pricing of agriculture and energy commodities; andCommentsClose CommentsPermalink





(II) risk management functions; andCommentsClose CommentsPermalink





(ii) contribute to economically efficient price discovery.CommentsClose CommentsPermalink





(3) REPORT- Not later than 2 years after the date of the enactment of this Act, the Commodity Futures Trading Commission shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study.CommentsClose CommentsPermalink

SEC. 14. OVER-THE-COUNTER AUTHORITY.

(a) In General- Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(j) Over-the-Counter Authority-CommentsClose CommentsPermalink





‘(1) Within 60 days after the date of the enactment of this subsection, the Commission shall, by rule, regulation, or order, require routine reporting as it deems in its discretion appropriate, on not less than a monthly basis, of agreements, contracts, or transactions, with regard to an agricultural or energy commodity, entered into in reliance on subsection (g), (h)(1), or (h)(2) of section 2, or any exemption issued by the Commission by rule, regulation, or order that are fungible (as defined by the Commission) with agreements, contracts, or transactions traded on or subject to the rules of any board of trade or of any electronic trading facility with respect to a significant price discovery contract.CommentsClose CommentsPermalink





‘(2) Notwithstanding subsections (g), (h)(1), and (h)(2) of section 2, and any exemption issued by the Commission by rule, regulation, or order, the Commission shall assess and issue a finding on whether the agreements, contracts, or transactions reported pursuant to paragraph (1), alone or in conjunction with other similar agreements, contracts, or transactions, have the potential to--CommentsClose CommentsPermalink





‘(A) disrupt the liquidity or price discovery function on a registered entity;CommentsClose CommentsPermalink





‘(B) cause a severe market disturbance in the underlying cash or futures market for an agricultural or energy commodity; orCommentsClose CommentsPermalink





‘(C) prevent or otherwise impair the price of a contract listed for trading on a registered entity from reflecting the forces of supply and demand in any market for an agricultural commodity enumerated in section 1a(4) or an energy commodity.CommentsClose CommentsPermalink





‘(3) If the Commission makes a finding pursuant to paragraph (2) of this subsection, the Commission may, in its discretion, utilize its authority under section 8a(9) to impose position limits (including, as appropriate and in its discretion, related hedge exemption provisions for bona fide hedging comparable to bona fide hedge provisions of section 4a(c)(2)) on agreements, contracts, or transactions involved, and take corrective actions to enforce the limits.’.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 2(g) of such Act (7 U.S.C. 2(g)) is amended by inserting ‘subsection (j) of this section, and’ after ‘(other than’.CommentsClose CommentsPermalink





(2) Section 2(h)(2)(A) of such Act (7 U.S.C. 2(h)(2)(A)) is amended by inserting ‘subsection (j) of this section and’ before ‘sections’.CommentsClose CommentsPermalink





(3) Section 8a(9) of such Act (7 U.S.C. 12a(a)(9)) is amended by inserting after ‘of the Commission’s action’ the following: ‘, and to fix and enforce limits to agreements, contracts, or transaction subject to section 2(j)(1) pursuant to a finding made under section 2(j)(2)’.CommentsClose CommentsPermalink

SEC. 15. EXPEDITED PROCESS.

The Commodity Futures Trading Commission may use emergency and expedited procedures (including any administrative or other procedure as appropriate) to carry out this Act if, in its discretion, it deems it necessary to do so.CommentsClose CommentsPermalink

Passed the House of Representatives September 18, 2008.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

110th CONGRESS2d SessionH. R. 6604AN ACTTo amend the Commodity Exchange Act to bring greater transparency and accountability to commodity markets, and for other purposes LORRAINE C. MILLER, CommentsClose CommentsPermalink

Clerk.CommentsClose CommentsPermalink