[Congressional Record Volume 167, Number 94 (Friday, May 28, 2021)]
[Senate]
[Pages S3931-S3932]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  AMENDING THE COMMODITY EXCHANGE ACT TO MODIFY THE COMMODITY FUTURES 
              TRADING COMMISSION CUSTOMER PROTECTION FUND

  Mr. SCHUMER. Madam President, I ask unanimous consent that the 
Committee on Agriculture, Nutrition, and Forestry be discharged from 
further consideration of S. 409 and the Senate proceed to its immediate 
consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 409) to amend the Commodity Exchange Act to 
     modify the Commodity Futures Trading Commission Customer 
     Protection Fund, and for other purposes.

  There being no objection, the committee was discharged, and the 
Senate proceeded to consider the bill.
  Mr. SCHUMER. I ask unanimous consent that the Stabenow-Boozman 
amendment be considered and agreed to; that the bill, as amended, be 
considered read a third time and passed; that

[[Page S3932]]

the amendment to the title be agreed to; and that the motions to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2110), in the nature of a substitute, was agreed 
to as follows

                (Purpose: In the nature of a substitute)

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. COMMODITY FUTURES TRADING COMMISSION WHISTLEBLOWER 
                   PROGRAM.

       (a) In General.--Notwithstanding any other provision of 
     law, there is established in the Treasury a separate account 
     (referred to in this section as the ``account''), the amounts 
     in which shall be available for the sole purposes of--
       (1) carrying out the activities described in section 
     23(g)(2)(B) of the Commodity Exchange Act (7 U.S.C. 
     26(g)(2)(B)) (referred to in this section as ``customer 
     education initiatives''); and
       (2) funding the administrative, programmatic, and personnel 
     expenses of the Whistleblower Office and the Office of 
     Customer Education and Outreach of the Commodity Futures 
     Trading Commission (referred to in this section as the 
     ``Commission'') in carrying out section 23 of the Commodity 
     Exchange Act (7 U.S.C. 26) (referred to in this section as 
     ``non-awards expenses'').
       (b) Transfers From Fund Into Account.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Commission shall transfer up to $10,000,000 from the 
     Commodity Futures Trading Commission Customer Protection Fund 
     established under section 23(g)(1) of the Commodity Exchange 
     Act (7 U.S.C. 26(g)(1)) (referred to in this section as the 
     ``Fund'') into the account.
       (2) Availability.--Amounts transferred under paragraph (1) 
     shall be available for obligation without further 
     appropriation and remain available until October 1, 2022.
       (3) Remaining amounts.--Amounts remaining in the account 
     that are unobligated on October 1, 2022, shall be returned to 
     the Fund.
       (c) Requirement for Obligations.--The Commission may make 
     obligations from the account only when the unobligated 
     balance of the Fund is insufficient to pay non-awards 
     expenses and expenses for customer education initiatives due 
     to awards that the Commission has ordered under section 23(b) 
     of the Commodity Exchange Act (7 U.S.C. 26(b)).
       (d) Reports to Congress.--The Commission shall include in 
     each report required under section 23(g)(5) of the Commodity 
     Exchange Act (7 U.S.C. 26(g)(5)) the same information with 
     respect to the account as the Commission includes in the 
     report with respect to the Fund, to the extent the 
     information is relevant to the account.

  The bill (S. 409), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.
  The title amendment (No. 2111) was agreed to as follows:

                     (Purpose: To amend the title)

       Amend the title so as to read: ``A bill to provide for the 
     availability of amounts for customer education initiatives 
     and non-awards expenses of the Commodity Futures Trading 
     Commission Whistleblower Program, and for other purposes.''.

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