Bill Summary & Status for the 107th Congress

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H.R.4038
Sponsor: Rep DeFazio, Peter A. [OR-4] (introduced 3/20/2002)
Latest Major Action: 4/15/2002 Referred to House subcommittee. Status: Referred to the Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises.
Title: To establish a Securities and Derivatives Oversight Commission in order to combine the functions of the Commodity Futures Trading Commission and the Securities and Exchange Commission in a single independent regulatory commission, and for other purposes.
Jump to: Titles, Status, Committees, Related Bill Details, Amendments, Cosponsors, Summary
TITLE(S):  (italics indicate a title for a portion of a bill)
STATUS: (color indicates Senate actions)
3/20/2002:
Referred to the Committee on Financial Services, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
3/20/2002:
Referred to House Financial Services
4/15/2002:
Referred to the Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises.
3/20/2002:
Referred to House Agriculture
3/28/2002:
Referred to the Subcommittee on Farm Commodities and Risk Management.
COMMITTEE(S):
RELATED BILL DETAILS:

***NONE***

AMENDMENT(S):

***NONE***

COSPONSORS(6), ALPHABETICAL [followed by Cosponsors withdrawn]:     (Sort: by date)

Rep Filner, Bob - 3/20/2002 [CA-50] Rep Kucinich, Dennis J. - 3/20/2002 [OH-10]
Rep Lee, Barbara - 4/16/2002 [CA-9] Rep Lipinski, William O. - 3/20/2002 [IL-3]
Rep McKinney, Cynthia A. - 3/20/2002 [GA-4] Rep Sanders, Bernard - 3/20/2002 [VT]

SUMMARY AS OF:
3/20/2002--Introduced.

Market Oversight Consolidation and OTC Derivatives Regulation Act - Establishes the Securities and Derivatives Oversight Commission (SDOC) as an independent regulatory commission. Mandates a separate division within SDOC with responsibility for functions relating to markets in physical commodities.

Transfers to SDOC all functions of: (1) the Commodity Futures Trading Commission; (2) the Securities and Exchange Commission; and (3) the Board of Governors of the Federal Reserve System pertaining to margin requirements.

Grants the SDOC margin authority with respect to securities and futures.

Establishes in the executive branch the Federal Financial Markets Coordinating Council to: (1) coordinate the regulatory operations of each of the financial oversight agencies represented on the Council; and (2) establish an advisory committee of representatives of the futures, commodities, options, and securities exchanges and the banking industry.

Terminates the Commodity Futures Trading Commission and the Securities and Exchange Commission.

Subjects over-the-counter derivatives dealers and derivatives transactions to the regulatory jurisdiction of the SDOC.

Establishes criminal sanctions for violations of this Act.

Prescribes guidelines for a private right of action against any persons (including officers, directors, governors, and committee members) who willfully aid, abet, counsel, induce, or procure a violation of this Act. Subjects violators to liability for actual and punitive damages in cases of intentional violations. Grants the Federal district courts exclusive jurisdiction of such actions.