,i #aacth ,,congress #ast ,session ,h4 ,r4 #ghe ,,in ,,the ,,house ,,of ,,representatives ,february #ae1 #bjac ,mr4 ,markey 7for himself1 ,ms4 ,de,lauro1 ,ms4 ,bordallo1 ,ms4 ,brown of ,florida1 ,mr4 ,capuano1 ,ms4 ,edwards1 ,mr4 ,grijalva1 ,mr4 ,holt1 ,ms4 ,lee of ,california1 ,mr4 ,michaud1 ,mr4 ,moran1 ,mr4 ,pascrell1 ,ms4 ,schakowsky1 ,mr4 ,scott of ,virginia1 ,ms4 ,slaughter1 ,ms4 ,speier1 ,mr4 ,tierney1 and ,mr4 ,watt7 introduced the following bill2 which was referred to the ,committee on ,agriculture ,a ,,bill ,to prevent excessive speculation in energy commodities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,halt ,index ,trading of ,energy ,commodities 7,,hitec7 ,act4 #b4 ,findings ,the ,congress finds the following3 7#a7 ,investment in our commodities markets has grown dramatically in recent years4 ,while the volume of futures contracts traded in the ,united ,states was only #fcj1jjj1jjj in #aiih1 that volume ballooned to over #c1bjj1jjj1jjj in #bjjg4 7#b7 ,according to testimony provided to the ,committee on ,natural ,resources of the ,house of ,representatives1 this growth in volume has been accompanied by a huge increase in the percentage of commodity futures contracts owned by speculators4 ,while physical hedgers used to account for #gj percent of futures contracts and speculators accounted for just #cj percent1 those numbers have reversed1 and speculators now possess #gj percent of all open commodity futures contracts4 7#c7 ,almost all of this increase in speculation has been caused by a surge in trading of commodity index funds4 7#d7 ,commodity index trading is investing in funds or other financial products which are indexed to changes in value of various commodities traded on commodity markets in the ,united ,states4 ,these funds can be tied to a basket of different commodities or just to a single commodity4 7#e7 ,investment in funds tied to these indexes has grown enormously in the last #b decades4 ,according to the ,commodity ,futures ,trading ,commission1 a partial tally of net long positions in ,united ,states markets in these indexes reached to over #afj1jjj1jjj1jjj in ,february #bjab1 and net long positions in ,west ,texas ,intermediate ,crude ,oil reached to over #ci1jjj1jjj1jjj4 ,many of the investors in these funds are institutional clients1 such as pension funds and universities4 7#f7 ,the vast majority of investors in commodity index funds do not use the commodities involved4 ,these investors are only interested in profiting from a rise in value of the commodities and must sell their interests in the commodities before the futures contracts they own close4 ,this practice1 known as rolling1 causes hundreds of billions of dollars of additional trading to flow through our commodities markets each month1 artificially increasing the volatility of our markets and driving up prices for many of our commodities1 including crude oil4 7#g7 ,because our commodities markets are tied to the actual retail prices of our commodities1 the artificial and excessive levels of speculation have significantly increased the retail prices our citizens pay for their commodities4 ,in the case of oil1 excessive speculation may have added nearly #a4jj to the per gallon price of gasoline4 7#h7 ,as sharp increases in energy costs reduce economic growth1 these commodity index funds are creating a weight on the overall economy1 threatening to delay our ,nation's full recovery from the #bjjh financial crisis and recession4 7#i7 ,thus1 commodity index funds hurt economic growth and consumer's wallets4 7#aj7 ,in the ,dodd-,frank ,wall ,street ,reform ,act1 ,congress ordered the ,commodity ,futures ,trading ,commission to limit the number of positions that a person or a class of persons may hold in the commodities markets4 ,congress has taken initial steps to set boundaries on commodity trading1 but more must be done to address the role of commodity index funds in the energy commodity markets4 7#aa7 ,because oil prices have been at elevated levels for much of the last year1 ,congress believes the situation is an emergency and warrants immediate action to ban commodity index trading in energy commodities4 #c4 ,prevention of excessive speculation in energy commodities ,section #d;c of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #f;c7 is amended by adding at the end the following3 7h7 7#a7 7,a7 ,it shall be unlawful for a commodity index fund to engage in a transaction involving an energy commodity if any person investing in the fund is an excluded investor4 7,b7 ,it shall be unlawful for an energy commodity index fund to accept an investment from a person who is an excluded investor4 7,c7 ,beginning #b years after the date of the enactment of this subsection1 it shall be unlawful for a commodity index fund to hold an investment in an energy commodity if any person investing in the fund is an excluded investor4 7#b7 ,in this subsection3 7,a7 ,the term commodity index fund means a fund that consists principally of swaps involving1 or contracts of sale for future delivery of1 more than #a commodity1 the value or level of which is based1 in whole or in part1 on the value or level of more than #a commodity1 and that transfers1 as between the parties to the transaction1 in whole or in part1 the financial risk associated with a future change in any such value or level4 7,b7 ,the term energy commodity index fund means a commodity index fund that consists principally of swaps involving1 or contracts of sale for future delivery of1 more than #a energy commodity4 7,c7 ,the term energy commodity means crude oil1 natural gas1 or any other product 7other than an agricultural commodity7 that is produced or refined1 in whole or in part1 from crude oil or natural gas and that may be used as fuel for a power source of any kind1 but does not include electricity4 7,d7 ,the term excluded investor means a person with respect to whom there is no position in at least #a energy commodity which1 if held by the person1 would be considered a bona fide hedging position 7within the meaning of section #d;a7c77#a774 7,e7 ,the term swap shall have the meaning the term would have if the provisions of title ,,vii of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act defining1 and authorizing further definition of1 the term were in effect4 4