S. 3131Senate110th Congress (2007-2009)In Committee

Oil Speculation Control Act of 2008

Introduced June 12, 2008

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (text of measure as introduced: CR S5630-5631)

June 12, 2008

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SenateIntro Referral

Introduced in Senate

June 12, 2008

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S5629-5630)

June 12, 2008

SenateIntro Referral

Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (text of measure as introduced: CR S5630-5631)

June 12, 2008

Floor Debate

21 members

What members said about S. 3131 on the floor

9 Republicans12 Democrats
Thomas R. Carper
Sen. Thomas R. CarperD-DE · Jun 18, 2008

Mr. President, I am pleased to be here on the Senate floor this morning with my colleague from Ohio, Senator Voinovich. I want to reflect on what Senator Chambliss just spoke about with respect to…

Lamar Alexander
Sen. Lamar AlexanderR-TN · Jun 18, 2008

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask unanimous consent to speak for up to 12 minutes as in morning business. Mr. President, I…

Max Baucus
Sen. Max BaucusD-MT · Jun 12, 2008

Mr. President, George Bernard Shaw once said: ``If all economists were laid end to end, they would not reach a conclusion.'' Sometimes I feel the same about legislation to extend expiring tax…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Jun 12, 2008

Mr. President, I rise today to introduce the Economic Recovery Act of 2008. I think it is evident our economy is struggling to overcome the twin effects of record-high energy prices and a steep…

Robert Menendez
Sen. Robert MenendezD-NJ · Jun 18, 2008

Mr. President, I ask unanimous consent the order for the quorum call be rescinded. Mr. President, gas prices this summer could easily be triple what they were when President Bush took office. The…

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Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jun 18, 2008

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, if you travel into Maryland or Illinois or anywhere across America and ask people what is on…

Carl Levin
Sen. Carl LevinD-MI · Jun 12, 2008

Mr. President, today I am introducing, along with Senators Feinstein, Durbin, and Dorgan, the Close the London Loophole Act. This legislation would ensure that the Commodity Futures Trading…

George V. Voinovich
Sen. George V. VoinovichR-OH · Jun 18, 2008

Mr. President, I ask unanimous consent to speak as in morning business. Mr. President, ordinarily I don't come over and speak in morning business. As so with many Members of the Senate, I could be at…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Jun 18, 2008

Mr. President, the people of Maryland and around the Nation are angry and frustrated. Every time they fill the tank of their vehicle with gasoline or look at their utility bills, they get worried. I…

Ted Stevens
Sen. Ted StevensR-AK · Jun 18, 2008

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, as Americans travel with families over the Fourth of July and for summer vacations--on cruises,…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jun 12, 2008

Mr. President, I rise to introduce The Oil Speculation Control Act, a bill to reduce the impact of excessive speculation in the oil markets. The legislation is cosponsored by Senator Ted Stevens.…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jun 12, 2008

Mr. President, I rise to introduce The Oil Speculation Control Act, a bill to reduce the impact of excessive speculation in the oil markets. The legislation is cosponsored by Senator Ted Stevens.…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Jun 18, 2008

Mr. President, I rise today to speak in favor of legislation that I think will help to address some of the most important challenges facing our Nation's economy today. The Renewable Energy and Job…

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Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Jun 12, 2008

Mr. President, I rise today to introduce the Responsible Ownership of Public Land Act. I thank my friends Congressmen Rahm Emanuel, Ed Markey, Maurice Hinchey, and Nick Rahall for their leadership on…

Patty Murray
Sen. Patty MurrayD-WA · Jun 18, 2008

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask unanimous consent that I be allowed to speak as in morning business. Mr. President, 3…

Saxby Chambliss
Sen. Saxby ChamblissR-GA · Jun 18, 2008

Mr. President, I ask unanimous consent that I be allowed to speak as in morning business for up to 10 minutes. Mr. President, I rise to discuss once again the rising cost of energy for Georgians and…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jun 12, 2008

Mr. President, I came to the floor at the beginning of this week to make a simple point: as oil prices have reached $139 per barrel in recent days, the truth is that no one--not the oil industry, not…

Bill Nelson
Sen. Bill NelsonD-FL · Jun 12, 2008

Mr. President, many experts have concluded that the skyrocketing price of oil reflects not just the realities of supply and demand but also the influence of speculators and futures traders. Many of…

Bob Corker
Sen. Bob CorkerR-TN · Jun 18, 2008

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I rise today to talk about a bill that is being introduced in this body by Senator Schumer and…

Jon Kyl
Sen. Jon KylR-AZ · Jun 12, 2008

Mr. President, today I am pleased to introduce the White Mountain Apache Tribe Rural Water System Loan Authorization Act. This legislation would authorize a Federal loan to the White Mountain Apache…

Ron Wyden
Sen. Ron WydenD-OR · Jun 18, 2008

Mr. President, I ask unanimous consent to speak as in morning business. Mr. President, I wish to acknowledge the important work of my Oregon colleagues--Representatives DeFazio, Hooley, Blumenauer,…

Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · Jun 18, 2008

Will the Senator from Illinois yield for a question? I have been listening to the Senator's statement. Today I understand the President wants to lift bans on drilling; is that correct? I missed part…

Mitch McConnell
Sen. Mitch McConnellR-KY · Jun 12, 2008

Mr. President, I rise to introduce the Burmese Freedom and Democracy Act. This legislation continues the sanctions that are already in place against the illegitimate ruling Burmese regime, the State…

Norm Coleman
Sen. Norm ColemanR-MN · Jun 12, 2008

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in SenateIssued June 12, 2008

II

110th CONGRESS

2d Session

S. 3131

IN THE SENATE OF THE UNITED STATES

June 12, 2008

Mrs. Feinstein (for herself and Mr. Stevens) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Commodity Exchange Act to ensure the application of speculation limits to speculators in energy markets, and for other purposes.

1.

Short title

This Act may be cited as the Oil Speculation Control Act of 2008.

2.

Definition of institutional investor

(a)

Definition

Section 1a of the Commodity Exchange Act (7 U.S.C. 1a) is amended—

(1)

by redesignating paragraphs (22) through (34) as paragraphs (23) through (35), respectively; and

(2)

by inserting after paragraph (21) the following:

(22)

Institutional investor

The term institutional investor means a long-term investor in financial markets (including pension funds, endowments, and foundations) that—

(A)

invests in energy commodities as an asset class in a portfolio of financial investments; and

(B)

does not take or make physical delivery of energy commodities on a frequent basis, as determined by the Commission.

.

(b)

Conforming amendments

(1)

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

(2)

Section 402(d)(1)(B) of the Legal Certainty for Bank Products Act of 2000 (7 U.S.C. 27(d)(1)(B)) is amended by striking section 1a(33) and inserting section 1a.

3.

Inspector General

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

(13)

Inspector General

(A)

Office

There shall be in the Commission, as an independent office, an Office of the Inspector General.

(B)

Appointment

The Office shall be headed by an Inspector General, appointed in accordance with the Inspector General Act of 1978 (5 U.S.C. App.).

(C)

Compensation

The Inspector General shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code.

(D)

Administration

The Inspector General shall exert independent control of the budget allocations, expenditures, and staffing levels, personnel decisions and processes, procurement, and other administrative and management functions of the Office.

.

4.

Trading practices review with respect to index traders, swap dealers, and institutional investors

Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is amended by adding at the end the following:

(e)

Trading practices review with respect to index traders, swap dealers, and institutional investors

(1)

Review

(A)

In general

Not later than 30 days after the date of enactment of this subsection, the Commission shall carry out a review of the trading practices of index traders, swap dealers, and institutional investors in markets under the jurisdiction of the Commission—

(i)

to ensure that index trading is not adversely impacting the price discovery process;

(ii)

to determine whether different practices or regulations should be implemented; and

(iii)

to gather data for use in proposing regulations to limit the size and influence of institutional investor positions in commodity markets.

(B)

Emergency authority

For the 60-day period described in subparagraph (A), in accordance with each applicable rule adopted under section 5(d)(6), the Commission shall exercise the emergency authority of the Commission to prevent institutional investors from increasing the positions of the institutional investors in—

(i)

energy commodity futures; and

(ii)

commodity future index funds.

(2)

Report

Not later than 30 days after the date described in paragraph (1)(A), the Commission shall submit to the appropriate committees of Congress a report that contains recommendations for such legislation as the Commission determines to be necessary to limit the size and influence of institutional investor positions in commodity markets.

.

5.

Bona fide hedging transactions or positions

Section 4a(c) of the Commodity Exchange Act (7 U.S.C. 6a(c)) is amended by striking (c) No rule and inserting the following:

(c)

Bona fide hedging transactions or positions

(1)

Definition of bona fide hedging transaction or position

The term bona fide hedging transaction or position means a transaction or position that represents a hedge against price risk exposure relating to physical transactions involving an energy commodity.

(2)

Application with respect to bona fide hedging transactions or positions

No rule

.

6.

Speculation limits relating to speculators in energy markets

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

(f)

Speculation limits relating to speculators in energy markets

(1)

Definition of speculator

In this subsection, the term speculator includes any institutional investor or investor of an investment fund that holds a position through an intermediary broker or dealer.

(2)

Enforcement of speculation limits

The Commission shall enforce speculation limits with respect to speculators in energy markets.

.

7.

Large trader reporting with respect to index traders, swap dealers, and institutional investors

Section 4g of the Commodity Exchange Act (7 U.S.C. 6g) is amended by adding at the end the following:

(g)

Large trader reporting with respect to index traders, swap dealers, and institutional investors

(1)

In general

Each recordkeeping and reporting requirement under this section relating to large trader transactions and positions shall apply to index traders, swaps dealers, and institutional investors in markets under the jurisdiction of the Commission.

(2)

Promulgation of regulations

As soon as practicable after the date of enactment of this subsection, the Commission shall promulgate regulations to establish separate classifications for index traders, swaps dealers, and institutional investors—

(A)

to enforce the recordkeeping and reporting requirements described in paragraph (1); and

(B)

to enforce position limits and position accountability levels with respect to energy commodities under section 4a(f).

.

8.

Institutional investor speculation limits

(a)

Core principles applicable to significant price discovery contracts

Section 2(h)(7)(C)(ii)(IV) of the Commodity Exchange Act (7 U.S.C. 2(h)(7)(C)(ii)(IV)) is amended by inserting after speculators the following: (including institutional investors that do not take delivery of energy commodities and that hold positions in energy commodities through swaps dealers or other third parties).

(b)

Core Principles for Contract Markets

Section 5(d)(5) of the Commodity Exchange Act (7 U.S.C. 7(d)(5)) is amended by inserting after speculators the following: (including institutional investors that do not take delivery of energy commodities and that hold positions in energy commodities through swaps dealers or other third parties).