APEX Act

I 116TH CONGRESS 1ST SESSION H. R. 1406 To extend the jurisdiction of the Commodity Futures Trading Commission to include the setting of reference prices for aluminum premiums, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 27, 2019 Mr. LAWSON of Florida (for himself and Mr. BUCK) introduced the following bill; which was referred to the Committee on Agriculture A BILL To extend the jurisdiction of the Commodity Futures Trad- ing Commission to include the setting of reference prices for aluminum premiums, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Aluminum Pricing Ex- 4 amination Act’’ or the ‘‘APEX Act’’. 5 VerDate Sep 11 2014 18:10 Mar 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1406.IH H1406 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1406 IH SEC. 2. JURISDICTION OF THE COMMODITY FUTURES 1 TRADING COMMISSION OVER THE SETTING 2 OF REFERENCE PRICES FOR ALUMINUM PRE- 3 MIUMS. 4 Section 2(a)(1) of the Commodity Exchange Act (7 5 U.S.C. 2(a)(1)) is amended by adding at the end the fol- 6 lowing: 7 ‘‘(E)(i) The Commission shall have exclusive jurisdic- 8 tion over the setting of reference prices for aluminum pre- 9 miums. 10 ‘‘(ii)(I) The Commission shall consult with the Attor- 11 ney General on any relevant information, allegations of 12 anticompetitive conduct, or marketplace analysis in the 13 setting or reporting of such a reference price. 14 ‘‘(II) The Commission shall afford the Attorney Gen- 15 eral an opportunity to review any regulation or guideline 16 proposed by the Commission in carrying out this subpara- 17 graph to ensure that the regulation or guideline is con- 18 sistent with the goals and purposes of the antitrust laws. 19 ‘‘(III) The Attorney General may cooperate with, and 20 share relevant information with, the Commission, with re- 21 spect to the setting of such a reference price, and shall 22 review any such proposed regulation or guideline to ensure 23 that the regulation or guideline is in accordance with the 24 goals and purposes of the antitrust laws. 25 VerDate Sep 11 2014 18:10 Mar 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1406.IH H1406 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1406 IH ‘‘(IV) The Attorney General shall transmit to the 1 Commission the views of the Attorney General on any such 2 proposed regulation or guideline.’’. 3 Æ VerDate Sep 11 2014 18:10 Mar 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H1406.IH H1406 pamtmann on DSKBFK8HB2PROD with BILLS