HR 238 · 115th Congress 2017–2019, ended

Commodity End-User Relief Act

Latest action · Jan 17, 2017 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. IntroducedJan 4, 2017
  2. Passed HouseJan 12, 2017
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Commodity End User Relief Act

This bill reauthorizes through FY2021, and otherwise revises provisions related to, operations of the Commodity Futures Trading Commission (CFTC).

The CFTC is authorized to require that certain property of the bankruptcy estate of a commodity broker who is a debtor in Chapter 7 bankruptcy (also known as "liquidation" bankruptcy) be included in customer property to the extent that such property is insufficient to satisfy the net equity claims of the broker's public customers.

Before promulgating a regulation or issuing an order, the CFTC must publish an assessment of the costs and benefits of the action.

The heads of the CFTC's administrative units shall serve at the pleasure of the CFTC.

The bill establishes, within the CFTC, the Office of the Chief Economist.

The bill eliminates the CFTC's authority to lease space.

The bill modifies provisions related to the CFTC's Customer Protection Fund.

The duration of an omnibus order of investigation (authorizing the CFTC to issue subpoenas to multiple persons in relation to a particular subject matter area) shall not be indefinite.

The bill exempts specified entities from certain clearing requirements applicable to swaps.

With respect to swap dealer registration requirements, the bill: (1) prohibits the CFTC from modifying, except by affirmative rule or regulation, the threshold for de minimus (minor in quantity) swap dealing; (2) under certain circumstances, allows the use of specified financial models with respect to calculating capital requirements; and (3) modifies other provisions.

The bill exempts certain swap activities involving non-U.S. persons from U.S. swaps requirements.

In addition, the bill amends the Commodity Exchange Act to direct registered futures associations to require their futures commission merchant members to meet certain procedural and reporting requirements.

Recorded votes 3

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

Roll callQuestionResultDate
House 54Passed239–182Jan 12, 2017
House 53Failed190–235Jan 12, 2017
House 52Agreed to236–191Jan 12, 2017

Cosponsors 3

Members who signed on, in the order they did. All signed on Jan 4, 2017.

SeatCosponsorSigned on
R-GAAustin ScottOriginalJan 4, 2017
D-GADavid ScottOriginalJan 4, 2017
R-TXPete SessionsOriginalJan 4, 2017

Committees 3

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

ChamberCommitteeWhat it did
HouseAgriculture Committee
Referred Jan 4, 2017
HouseFinancial Services Committee
Referred Jan 4, 2017
SenateAgriculture, Nutrition, and Forestry Committee
Referred Jan 17, 2017

Actions 34

Everything that happened, newest first.

  1. Jan 17, 2017Received in the Senate and Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
  2. Jan 12, 2017Considered under the provisions of rule H. Res. 40. (consideration: CR H404-428)
  3. Jan 12, 2017Rule provides for consideration of H.R. 78 and H.R. 238. The resolution provides for one hour of general debate on both H.R. 78 and H.R. 238. The resolution provides for suspension authority at any time on the legislative day of January 13, 2017. The resolution also provides for legislative proceedings during the period of January 16, 2017 through January 20, 2017.
  4. Jan 12, 2017House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 40 and Rule XVIII.
  5. Jan 12, 2017The Speaker designated the Honorable John J. Duncan, Jr. to act as Chairman of the Committee.

In the Congressional Record 4

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 H404–H428, H449Amendments H414, H421, H422, H423, H424, H425, H426, H427Motions H449Recorded votes H448, H450Conaway amendment (allow CFTC imposition and implementation of position limits as necessary under certain conditions)Langevin motion to recommit (prevent foreign jurisdiction’s swap laws from automatically being considered comparable if found to have engaged in cyber attacks targeting U.S. elections)Lists H406Organizations supporting H.R. 238, Commodity End-User Relief ActAustin Scott R-GA (amendment), Bob Goodlatte R-VA, Collin C. Peterson D-MN, Doug LaMalfa R-CA (amendment), Eric A. "Rick" Crawford R-AR, Frank D. Lucas R-OK (amendment), James P. McGovern D-MA, James R. Langevin D-RI (motion), Joe Courtney D-CT, K. Michael Conaway R-TX (amendment), Maxine Waters D-CA, Robert B. Aderholt R-AL (amendment), Rodney Davis R-IL, Sean P. Duffy R-WI (amendment), Stacey E. Plaskett D-VI, Ted S. Yoho R-FL, Tom O'Halleran D-AZ, Vicky Hartzler R-MO (amendment)Jan 12, 2017
HouseDebate and remarks H316–H322Text printed H316Amendments H321Recorded votes H321, H322consideration (H. Res. 40), previous questionDan Newhouse R-WA, Jared Polis D-CO (amendment), K. Michael Conaway R-TX, Katherine M. Clark D-MAJan 11, 2017
HouseDeclaratory Statements H237—Jan 9, 2017
HouseDeclaratory Statements H99Lists H96–H98H.R. 238–293—Jan 4, 2017

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.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Pursuant to Article 1, Section 8, Clause 3, Congress has the authority to regulate foreign and interstate commerce.

The sponsor’s statement, as printed in the page H96.

Printed hearings 2

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

NumberHearingCommitteeHeld
Serial No. 115-12EXAMINING THE 2017 AGENDA FOR THE COMMODITY FUTURES TRADING COMMISSION52 pagesAgriculture CommitteeOct 11, 2017
S. Hrg. 115-110A GROWTH AGENDA: REDUCING UNNECESSARY REGULATORY BURDENS205 pagesCommerce, Science, and Transportation CommitteeFeb 1, 2017

CRS reports 4

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

Cite it 4

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

Amendments 8

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 31Amendment modifies the Commodity Exchange Act to give the Commodity Futures Trading Commission authority to designate other agencies to manage its leases.Robert B. Aderholt R-ALOn agreeing to the Aderholt amendment (A001) Agreed to by voice vote.
HAmdt 32Amendment reforms the Customer Protection Fund at the CFTC to modify the size of the fund, annual expenditures from the fund and return excess balance to the Treasury.Austin Scott R-GAOn agreeing to the Scott, Austin amendment (A002) Agreed to by voice vote.
HAmdt 33Amendment makes technical and conforming changes to the bill.K. Michael Conaway R-TXOn agreeing to the Conaway amendment (A003) Agreed to by voice vote.
HAmdt 34Amendment makes clear that the Commission may impose and implement position limits as it finds necessary, provided the Commission makes a finding prior to imposing such limits. It makes no changes to the longstanding federal position limits regime for the enumerated agricultural commodities or the existing statutory requirements that Designated Contract Markets impose position limits or accountability levels on all contracts.K. Michael Conaway R-TXOn agreeing to the Conaway amendment (A004) Agreed to by recorded vote: 236 - 191 (Roll no. 52).
HAmdt 35Amendment prohibits the CFTC from compelling the production of algorithmic trading source code and similar intellectual property unless it has issued a subpoena.Sean P. Duffy R-WIOn agreeing to the Duffy amendment (A005) Agreed to by voice vote.
HAmdt 36Amendment prevents a situation in which an end-user loses its ability to rely on the end-user exception to the clearing requirement due simply to the positive performance of transactions entered into solely to mitigate the prospect of falling revenues and asset values.Doug LaMalfa R-CAOn agreeing to the LaMalfa amendment (A006) Agreed to by voice vote.
HAmdt 37Amendment exempts all inter-affiliate transactions from being regulated as "swaps" under the Dodd-Frank related provisions of the Commodity Exchange Act ("CEA") and Commodity Futures Trading Commission ("CFTC") regulations promulgated thereunder.Frank D. Lucas R-OKOn agreeing to the Lucas amendment (A007) Agreed to by voice vote.
HAmdt 38Amendment delays implementation of the CFTC Ownership and Control Reports Rule until the Chairman determines the rule has been amended by adjusting reporting trading volume levels to 300 contracts per day, removing the requirements for natural person controller data, and ensuring the rule does not require entities to violate foreign privacy laws.Vicky Hartzler R-MOOn agreeing to the Hartzler amendment (A008) Agreed to by voice vote.

Related bills 2

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

Titles 3

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

Official Title as Introduced
To reauthorize the Commodity Futures Trading Commission, to better protect futures customers, to provide end-users with market certainty, to make basic reforms to ensure transparency and accountability at the Commission, to help farmers, ranchers, and end-users manage risks, to help keep consumer costs low, and for other purposes.
Short Titles as Introduced
Commodity End-User Relief Act
Short Titles as Passed House
Commodity End-User Relief Act

Subjects

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

Text 3

Each version as it was printed, newest first.

  1. Jan 17, 2017Referred in Senate
  2. Jan 12, 2017Engrossed in House
  3. Jan 4, 2017Introduced 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.