HR-1038 : Still Just a Bill

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.

Action Timeline

Action DateTypeTextSource
2013-06-13IntroReferralReceived in the Senate and Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.Senate
2013-06-12FloorMotion to reconsider laid on the table Agreed to without objection.House floor actions
2013-06-12VoteOn 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)House floor actions
2013-06-12FloorConsidered as unfinished business. (consideration: CR H3332-3333)House floor actions
2013-06-12FloorAt 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.House floor actions
2013-06-12FloorDEBATE - The House proceeded with forty minutes of debate on H.R. 1038.House floor actions
2013-06-12FloorConsidered under suspension of the rules. (consideration: CR H3307-3309)House floor actions
2013-06-12FloorMr. LaMalfa moved to suspend the rules and pass the bill.House floor actions
2013-06-12CommitteeReported by the Committee on Agriculture. H. Rept. 113-107.House floor actions
2013-06-12CalendarsPlaced on the Union Calendar, Calendar No. 76.House floor actions
2013-03-20CommitteeOrdered to be Reported by Voice Vote.House committee actions
2013-03-20CommitteeCommittee Consideration and Mark-up Session Held.House committee actions
2013-03-14CommitteeCommittee Hearings Held.House committee actions
2013-03-11IntroReferralReferred to the House Committee on Agriculture.House floor actions
2013-03-11IntroReferralIntroduced in HouseLibrary of Congress