II 

117TH CONGRESS 

1ST SESSION S. 2462 

To amend the Commodity Exchange Act to extend the jurisdiction of the 

Commodity Futures Trading Commission to include the oversight of 

markets that set or report reference prices for aluminum premiums, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2021 

Ms. BALDWIN (for herself and Mr. COTTON) introduced the following bill; 

which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Commodity Exchange Act to extend the jurisdiction of the Commodity Futures Trading Commission 

to include the oversight of markets that set or report 

reference prices for aluminum premiums, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Aluminum Pricing Ex5 amination Act’’ or the ‘‘APEX Act’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 2462 IS

1 SEC. 2. JURISDICTION OF THE COMMODITY FUTURES 

2 TRADING COMMISSION OVER MARKETS THAT 

3 SET OR REPORT REFERENCE PRICES FOR 

4 ALUMINUM PREMIUMS. 

5 Section 2(a)(1) of the Commodity Exchange Act (7 

6 U.S.C. 2(a)(1)) is amended by adding at the end the fol7 lowing: 

8 ‘‘(J) REFERENCE PRICES FOR ALUMINUM

9 PREMIUMS.— 

10 ‘‘(i) JURISDICTION.— 

11 ‘‘(I) IN GENERAL.—The Commis12 sion shall have jurisdiction over mar13 kets that set or report reference prices 

14 for aluminum premiums, including— 

15 ‘‘(aa) oversight of the proc16 ess and manner in which ref17 erence prices for aluminum pre18 miums are set or reported; and 

19 ‘‘(bb) determining whether 

20 the mechanism for setting ref21 erences prices for aluminum pre22 miums is fair and transparent. 

23 ‘‘(II) EFFECT.—Nothing in this 

24 Act grants the Commission authority 

25 to set or control prices for aluminum 

26 premiums. 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 2462 IS

1 ‘‘(ii) CONSULTATION WITH ATTORNEY

2 GENERAL.— 

3 ‘‘(I) IN GENERAL.—The Commis4 sion shall consult with the Attorney 

5 General on any relevant information, 

6 allegations of anticompetitive conduct, 

7 or marketplace analysis in the setting 

8 or reporting of a reference price for 

9 aluminum premiums. 

10 ‘‘(II) REVIEW BY ATTORNEY

11 GENERAL.—The Commission shall af12 ford the Attorney General an oppor13 tunity to review any regulation or 

14 guideline proposed by the Commission 

15 in carrying out this subparagraph to 

16 ensure that the regulation or guideline 

17 is consistent with the goals and pur18 poses of the antitrust laws. 

19 ‘‘(III) AUTHORITIES AND DUTIES

20 OF ATTORNEY GENERAL.—The Attor21 ney General— 

22 ‘‘(aa) may cooperate, and 

23 share relevant information, with 

24 the Commission with respect to 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 2462 IS

1 the setting of a reference price 

2 for aluminum premiums; and 

3 ‘‘(bb) shall review any pro4 posed regulation or guideline de5 scribed in subclause (II) to en6 sure that the regulation or guide7 line is in accordance with the 

8 goals and purposes of the anti9 trust laws. 

10 ‘‘(IV) TRANSMISSION TO COMMIS11 SION.—The Attorney General shall 

12 transmit to the Commission the views 

13 of the Attorney General on any pro14 posed regulation or guideline de15 scribed in subclause (II).’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS