HR 977 · 111th Congress 2009–2011, ended

Derivatives Markets Transparency and Accountability Act of 2009

Latest action · Dec 19, 2009 Placed on the Union Calendar, Calendar No. 223.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedFeb 11, 2009
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Derivatives Markets Transparency and Accountability Act of 2009 - Amends the Commodity Exchange Act to prohibit the Commodity Futures Trading Commission (CFTC) from permitting a foreign board of trade to provide its U.S-located members with access to the CFTC electronic trading system and order matching system with respect to an agreement, contract, or transaction that settles against any price (including the daily or final settlement price) of one or more contracts listed for trading on a registered entity, unless such board meets requirements similar to those imposed upon U.S. exchanges.

Directs the CFTC to: (1) define and classify index traders and swap dealers for purposes of data reporting requirements; and (2) set routine detailed reporting requirements for any positions of such entities in contracts traded on designated contract markets, derivatives transaction execution facilities, foreign boards of trade, and electronic trading facilities with respect to significant price discovery contracts.

Requires the CFTC, to the extent information is available, to disaggregate and make public monthly: (1) the number of positions and total notional value of index funds and other passive, long-only and short-only positions in all markets; and (2) data on speculative positions relative to bona fide physical hedgers in those markets.

Subjects persons involved in derivative and swap transactions, as well as large traders in over-the-counter contracts, to reporting and recordkeeping requirements.

Directs the CFTC to set position limits for any one person with respect to: (1) contracts of sale for future delivery; or (2) 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.

Directs the CFTC to: (1) appoint a sufficient number of new full-time employees; (2) review prior actions to ensure compliance with this Act; and (3) review over-the-counter markets.

Directs the Government Accountability Office (GAO) to study and report to specified congressional committees on the international regime for regulating the trading of energy commodity futures and derivatives.

Directs the CFTC to assess whether certain derivative, swap, and similar agreements, contracts, or transactions that are fungible with agreements, contracts, or transactions traded on or subject to the rules of any board of trade or electronic trading facility with respect to a significant price discovery contract have the potential to: (1) disrupt the liquidity or price discovery function on a registered entity; (2) cause a severe market disturbance in the underlying cash or futures market; or (3) 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. Authorizes the CFTC, upon a positive finding, to impose position limits.

Authorizes the CFTC to use expedited procedures to carry out this Act.

Makes specified exclusions and exemptions from the Commodity Exchange Act available only for certain transactions settled and cleared through registered derivatives clearing organizations or other regulated entities, including national banks, state member banks, insured state nonmember banks, affiliates of any of these, or corporations chartered to do foreign banking.

Treats as commodities exempt from Commodity Exchange Act coverage: (1) any allowance authorized under law to emit a greenhouse gas; and (2) any credit authorized under law toward the reduction in greenhouse gas emissions or an increase in carbon sequestration.

Directs the CFTC to enter into a memorandum of understanding with the Secretary of Agriculture which shall ensure that any procedures and protocols developed for a market-based greenhouse gas program are properly constructed and coordinated to maximize credits for carbon sequestration.

Amends the Inspector General Act of 1978 with respect to the Office of Inspector General of the CFTC.

Authorizes the CFTC to: (1) suspend trading of credit default swaps; and (2) initiate and conduct criminal litigation relating to a violation of the Commodity Exchange Act if the Attorney General has declined to do so.

Cosponsors 25

Members who signed on, in the order they did. Signatures ran from Apr 30, 2009 to Sep 25, 2009.

SeatCosponsorSigned on
D-COBetsy MarkeyApr 30, 2009
D-CADennis A. CardozaApr 30, 2009
D-NDEarl PomeroyApr 30, 2009
D-NYEric J. J. MassaApr 30, 2009
D-ORKurt SchraderApr 30, 2009
D-NCLarry KissellApr 30, 2009
D-IALeonard L. BoswellApr 30, 2009
D-MIMark H. SchauerApr 30, 2009
D-VTPeter WelchApr 30, 2009
D-SDStephanie Herseth SandlinApr 30, 2009
D-WISteve KagenApr 30, 2009
D-PATim HoldenApr 30, 2009
D-MNTimothy J. WalzApr 30, 2009
D-NYBrian HigginsMay 14, 2009
D-NJRobert E. AndrewsMay 14, 2009
D-MEMichael H. MichaudJun 3, 2009
D-NCHeath ShulerJul 20, 2009
D-NJBill Pascrell, Jr.Jul 30, 2009
D-ALBobby BrightJul 30, 2009
D-NYJohn J. HallJul 30, 2009
D-WVNick J. Rahall IIJul 30, 2009
D-FLRobert WexlerJul 30, 2009
D-NYTimothy H. BishopSep 10, 2009
D-TNSteve CohenSep 17, 2009
D-NHPaul W. HodesSep 25, 2009

Committees 3

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseAgriculture Committee
Referred Feb 11, 2009Markup Feb 12, 2009Reported Dec 19, 2009
HouseFinancial Services Committee
Referred Feb 11, 2009Discharged Dec 19, 2009
HouseJudiciary Committee
Referred Dec 19, 2009Discharged Dec 19, 2009

Actions 11

Everything that happened, newest first.

  1. Dec 19, 2009Reported (Amended) by the Committee on Agriculture. H. Rept. 111-385, Part I.
  2. Dec 19, 2009Referred sequentially to the House Committee on the Judiciary for a period ending not later than Dec. 19, 2009 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(k), rule X.
  3. Dec 19, 2009Committee on Financial Services discharged.
  4. Dec 19, 2009Committee on Judiciary discharged.
  5. Dec 19, 2009Placed on the Union Calendar, Calendar No. 223.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimates 2

  1. Feb 23, 2009H.R. 977, Derivatives Markets Transparency and Accountability Act of 2009<p>Cost estimate for the bill as ordered reported by the House Committee on Agriculture on February 12, 2009</p>
  2. Feb 23, 2009H.R. 977, Derivatives Markets Transparency and Accountability Act of 2009Cost estimate for the bill as ordered reported by the House Committee on Agriculture on February 12, 2009

Printed hearings 4

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
Serial No. 111-29HEARING TO REVIEW PROPOSED LEGISLATION BY THE U.S. DEPARTMENT OF THE TREASURY REGARDING THE REGULATION OF OVER-THE-COUNTER DERIVATIVES MARKETS206 pagesAgriculture CommitteeSep 17, 2009–Sep 22, 2009
Serial No. 111-55HEARING TO EXAMINE THE REGULATION OF OVER-THE-COUNTER DERIVATIVES75 pagesAgriculture Committee · Financial Services CommitteeJul 10, 2009
Serial No. 111-17HEARING TO REVIEW IMPLICATIONS OF THE CFTC V. ZELENER CASE37 pagesAgriculture CommitteeJun 4, 2009
Serial No. 111-22ADDRESSING THE NEED FOR COMPREHENSIVE REGULATORY REFORM64 pagesFinancial Services CommitteeMar 26, 2009

CRS reports 1

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 1

Products on other subjects that cite it, usually among other measures.

ProductTitleKindPublished
R40646Derivatives Regulation and Legislation Through the 111th Congress ArchivedReportJan 30, 2012

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To amend the Commodity Exchange Act to bring greater transparency and accountability to commodity markets, and for other purposes.
Short Titles as Introduced
Derivatives Markets Transparency and Accountability Act of 2009

Subjects

Assigned by the Library of Congress. Policy area: Finance and Financial Sector.

Text 2

Each version as it was printed, newest first.

  1. Dec 19, 2009Reported in House
  2. Feb 11, 2009Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.