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1 (January 3, 2006)

handle is hein.crs/crsuntaacev0001 and id is 1 raw text is: 
                                                                 Order Code  RS22028
                                                              Updated January  3, 2006



 CRS Report for Congress

               Received through the CRS Web



  CFTC Reauthorization in the 109th Congress

                               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 House and Senate Agriculture Committees held
 reauthorization hearings in March 2005. The Senate Banking Committee held a hearing
 on September 8, 2005. 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. This report provides brief
 summaries of the issues in the 2005 reauthorization process, including (1) 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 had hoped, (2)
 regulation of energy derivatives markets, where some see excessive price volatility and
 a lack of effective regulation, and (3) the legality of futures-like contracts based on
 foreign currency prices offered to retail investors.

     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 public benefits to speculation: speculators
provide liquidity - they are willing to assume the risks that hedgers wish to avoid.
Speculative trading also provides a very efficient price discovery mechanism: futures


Congressional   Research  Service +  The Library of Congress

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