Summary: S.1566 — 109th Congress (2005-2006)All Information (Except Text)

Bill summaries are authored by CRS.

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Reported to Senate without amendment (07/29/2005)

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Commodity Exchange Reauthorization Act of 2005 - (Sec. 2) Amends the Commodity Exchange Act (CEA) to authorize the Commodity Futures Trading Commission (CFTC) to bring anti-fraud actions in off-exchange principal-to-principal futures transactions.

Provides that a person shall not be obligated, in connection with a covered futures transaction with another person, to disclose to such other person nonpublic information that may be material to the market price, rate, or level of such commodity or transaction except as necessary to make any statement not materially misleading.

(Sec. 3) Increases specified civil and criminal penalties for violations of such Act.

States that such provisions do not create new CFTC civil enforcement and administrative authority.

(Sec. 4) Revises foreign exchange transaction authority to specify that CFTC jurisdiction extends to any agreement, contract, or transaction in foreign currency, and any person engaged in such transaction, that is offered to, or entered into: (1) with a person who is not an eligible contract participant; (2) on a leveraged, margined, or similarly financed basis; and (3) for purposes other than commercial or personal use, except that personal use shall include only those agreements, contracts, or transactions in which a person takes immediate ownership and possession of foreign currency.

States that such jurisdiction shall not apply if the counterparty, or the person offering to be the counterparty, of the person that is not an eligible contract participant is: (1) a financial institution; (2) a specified broker or dealer registered under the Securities Exchange Act of 1934; (3) a specified futures commission merchant registered under CEA; (4) a specified insurance company or affiliate; (5) a financial holding company; or (6) an investment bank holding company.

(Sec. 5) Authorizes appropriations through FY2010.

(Sec. 6) Directs CFTC to maintain a liaison with the Department of Justice to coordinate civil and criminal investigations and prosecutions of CEA violations.

(Sec. 7) Establishes a two-year portfolio margining pilot program for security futures products, which shall continue to function unless a required report finds that such program has resulted in undue risks to the financial integrity of the relevant contract markets or derivatives transaction execution facilities, or to their respective clearing systems, or has resulted in systemic risk to financial markets or undue risk to customers.

(Sec. 8) Requires CFTC and the Securities and Exchange Commission (SEC) to jointly promulgate a final rule to exclude from the definition of "narrow-based security index" indexes based on: (1) U.S. debt instruments; (2) other U.S. securities; (3) foreign equities; and (4) foreign debt instruments.