II 

116TH CONGRESS 

1ST SESSION S. 1953 

To amend the Commodity Exchange Act 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 SENATE OF THE UNITED STATES 

JUNE 25, 2019 

Mr. GARDNER (for himself and Ms. BALDWIN) introduced the following bill; 

which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

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

to include the setting of 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’’. 


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1 SEC. 2. JURISDICTION OF THE COMMODITY FUTURES 

2 TRADING COMMISSION OVER THE SETTING 

3 OF REFERENCE PRICES FOR ALUMINUM PRE4 MIUMS. 

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) DEFINITIONS.—In this subpara11 graph: 

12 ‘‘(I) PREMIUM.—The term ‘pre13 mium’ has the meaning given the 

14 term in section 1.3 of title 17, Code 

15 of Federal Regulations (or successor 

16 regulations). 

17 ‘‘(II) REFERENCE PRICE.—The 

18 term ‘reference price’ has the meaning 

19 given the term ‘commodity reference 

20 price’ in section 20.1 of title 17, Code 

21 of Federal Regulations (or successor 

22 regulations). 

23 ‘‘(ii) JURISDICTION.—The Commis24 sion shall have exclusive jurisdiction over 

25 the setting of reference prices for alu26 minum premiums. 


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1 ‘‘(iii) 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 under 

9 clause (ii). 

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 


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•S 1953 IS

1 the setting of a reference price 

2 under clause (ii); and 

3 ‘‘(bb) shall— 

4 ‘‘(AA) review any pro5 posed regulation or guideline 

6 described in subclause (II) 

7 to ensure that the regulation 

8 or guideline is consistent 

9 with the goals and purposes 

10 of the antitrust laws; and 

11 ‘‘(BB) submit to the 

12 Commission the analysis and 

13 opinion of the Attorney Gen14 eral on that proposed regu15 lation or guideline.’’. 

Æ 


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