HR 1038 · 113th Congress 2013–2015, ended

Public Power Risk Management Act of 2013

Latest action · Jun 13, 2013 Received in the Senate and Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

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. IntroducedMar 11, 2013
  2. Passed HouseJun 12, 2013
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Public Power Risk Management Act of 2013 - Amends the Commodity Exchange Act to direct the Commodity Futures Trading Commission (CFTC), when it determines whether to provide an exemption to designation as a swap dealer, to treat a utility operations-related swap entered into with a utility special entity as if such swap were entered into with an entity that is not a special entity. (Thus exempts an entity entering into a utility operations-related swap with a utility special entity from mandatory registration as a swap dealer.)

Requires transactions in utility operations-related swaps to be reported according to requirements for the reporting of uncleared swaps.

Defines "utility special entity" as a special entity, or any instrumentality, department, or corporation of or established by a state or local government, that: (1) owns or operates an electric or natural gas facility or an electric or natural gas operation; (2) supplies natural gas or electric energy to another utility special entity; (3) has public service obligations under federal, state, or local law or regulation to deliver electric energy or natural gas service to customers; or (4) is a federal power marketing agency.

Redefines swap to include a utility operations-related swap.

Defines "utility operations-related swap" as one that: (1) is entered into to hedge or mitigate commercial risk; (2) is associated with specified transactions in electric energy or natural gas; and (3) is not a contract, agreement, or transaction based on, derived on, or referencing

  • an interest rate, credit, equity, or currency asset class; or
  • a metal, agricultural commodity, or crude oil or gasoline commodity of any grade, except as used as fuel for electric energy generation.

Recorded votes 1

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 219Passed423–0Jun 12, 2013

Cosponsors 42

Members who signed on, in the order they did. Signatures ran from Mar 11, 2013 to Jun 10, 2013; 4 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-MOBlaine LuetkemeyerOriginalMar 11, 2013
R-CAJeff DenhamOriginalMar 11, 2013
D-CAJim CostaOriginalMar 11, 2013
D-CAJohn GaramendiOriginalMar 11, 2013
D-GADavid ScottMar 18, 2013
D-CAJuan VargasMar 18, 2013
R-TXK. Michael ConawayMar 18, 2013
D-MEMichael H. MichaudMar 18, 2013
R-WIReid J. RibbleMar 18, 2013
R-GAAustin ScottMar 19, 2013
R-MIDan BenishekMar 19, 2013
R-WADoc HastingsMar 19, 2013
D-CAJerry McNerneyMar 19, 2013
D-CAMichael M. HondaMar 19, 2013
D-WASuzan K. DelBeneMar 20, 2013

Committees 2

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

ChamberCommitteeWhat it did
HouseAgriculture Committee
Referred Mar 11, 2013Hearings Mar 14, 2013Markup Mar 20, 2013Reported Jun 12, 2013
SenateAgriculture, Nutrition, and Forestry Committee
Referred Jun 13, 2013

Actions 15

Everything that happened, newest first.

  1. Jun 13, 2013Received in the Senate and Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
  2. Jun 12, 2013Placed on the Union Calendar, Calendar No. 76.
  3. Jun 12, 2013Reported by the Committee on Agriculture. H. Rept. 113-107.
  4. Jun 12, 2013Mr. LaMalfa moved to suspend the rules and pass the bill.
  5. Jun 12, 2013Considered under suspension of the rules. (consideration: CR H3307-3309)
  6. Jun 12, 2013DEBATE - The House proceeded with forty minutes of debate on H.R. 1038.
  7. Jun 12, 2013At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
  8. Jun 12, 2013Considered as unfinished business. (consideration: CR H3332-3333)
  9. Jun 12, 2013Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 423 - 0 (Roll no. 219). (text: CR H3307)
  10. Jun 12, 2013Motion to reconsider laid on the table Agreed to without objection.
  11. Mar 20, 2013Committee Consideration and Mark-up Session Held.
  12. Mar 20, 2013Ordered to be Reported by Voice Vote.
  13. Mar 14, 2013Committee Hearings Held.
  14. Mar 11, 2013Introduced in House
  15. Mar 11, 2013Referred to the House Committee on Agriculture.

In the Congressional Record 2

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
HouseDebate and remarks H3307–H3309Text printed H3307Recorded votes H3333enactDavid Scott D-GA, Doug LaMalfa R-CA, Eric A. "Rick" Crawford R-AR, Jim Costa D-CAJun 12, 2013
HouseLists H1330H.R. 1038–1061—Mar 11, 2013

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 estimate

  1. Apr 3, 2013H.R. 1038, Public Power Risk Management Act of 2013As ordered reported by the House Committee on Agriculture on March 20, 2013

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 3 of the United States Constitution, as this legislation regulates commerce with foreign nations, between the states, and with Indian Tribes.

The sponsor’s statement, as printed in the page H1330.

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. 113-7THE FUTURE OF THE CFTC: END-USER PERSPECTIVES105 pagesAgriculture CommitteeJul 24, 2013
Serial No. 113-6THE FUTURE OF THE CFTC: COMMISSION PERSPECTIVES76 pagesAgriculture CommitteeJul 23, 2013
S. Hrg. 113-248REAUTHORIZATION OF THE COMMODITY FUTURES TRADING COMMISSION524 pagesAgriculture, Nutrition, and Forestry CommitteeJul 17, 2013
Serial No. 113-3EXAMINING LEGISLATIVE IMPROVEMENTS TO TITLE VII OF THE DODD-FRANK ACT131 pagesAgriculture CommitteeMar 14, 2013

Related bills 2

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 1802Public Power Risk Management Act of 2013Identical billDec 11, 2013
HR 4413Customer Protection and End User Relief ActRelated billJun 25, 2014

Titles 4

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

Official Title as Introduced
To provide equal treatment for utility special entities using utility operations-related swaps, and for other purposes.
Short Titles as Introduced
Public Power Risk Management Act of 2013
Short Titles as Reported to House
Public Power Risk Management Act of 2013
Short Titles as Passed House
Public Power Risk Management Act of 2013

Subjects

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

Text 4

Each version as it was printed, newest first.

  1. Jun 13, 2013Referred in Senate
  2. Jun 12, 2013Reported in House
  3. Jun 12, 2013Engrossed in House
  4. Mar 11, 2013Introduced 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.