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                                                                           Order Code RS22028
                                                                      Updated January 17, 2007





O CRS Report for Congress



                            CFTC Reauthorization

                                        Mark Jickling
                                Specialist in Public Finance
                            Government and Finance Division

        Summary


             Authorization for the Commodity Futures Trading Commission (CFTC), a sunset
        agency established in 1974, expired on September 30, 2005. In the past, Congress has
        used the reauthorization process to consider amendments to the Commodity Exchange
        Act (CEA), which provides the basis for federal regulation of commodity futures
        trading. The last reauthorization resulted in the enactment of the Commodity Futures
        Modernization Act of 2000 (CFMA), the most significant amendments to the CEA since
        the CFTC was created in 1974. Both chambers considered reauthorization bills in the
        109'h Congress, but none was enacted. The Senate Agriculture Committee approved S.
        1566, a CFTC reauthorization bill offered by Chairman Chambliss, on July 21, 2005.
        The House passed H.R. 4473 by voice vote on December 14, 2005. The 110th Congress
        is expected to take up reauthorization. This report provides summaries of current
        reauthorization issues, including (1) regulation of energy derivatives markets, where
        some blame excessive price volatility on a lack of effective regulation, (2) the legality
        of futures-like contracts based on foreign currency prices offered to retail investors, and
        (3) the market in security futures, or futures contracts based on single stocks, which
        were authorized by the CFMA, but trade in much lower volumes than their proponents
        expected.
             This report will be updated as developments warrant.


             Futures contracts like other financial derivatives such as options or swaps  gain
        or lose value as the price of some underlying commodity rises or falls. They allow traders
        to invest in corn, gold, or T-bills without actually owning the underlying commodities
        themselves. Futures can be used to avoid, or hedge, price risk. That is, farmers,
        utilities, airlines, banks, and many other businesses can use derivatives to protect
        themselves against unfavorable changes in commodity prices, interest rates, or other
        variables. Most futures trading, however, is done by speculators who profit if their
        forecasts of price trends are correct. (The futures exchanges are associations of
        professional speculators.) There are two benefits to speculation: liquidity and price
        discovery. Speculators provide liquidity because they are willing to assume the risks that
        hedgers wish to avoid. Speculation provides an efficient price discovery mechanism



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