Overview
Title
Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Commodity Futures Trading Commission relating to Commission Guidance Regarding the Listing of Voluntary Carbon Credit Derivative Contracts.
ELI5 AI
Congress is using this special rule to say "no" to a decision made by a group that manages how certain types of pollution-trading things are listed, because they don't like it, but they haven't explained exactly why.
Summary AI
S. J. RES. 9 is a joint resolution aimed at expressing Congress's disapproval of a specific rule from the Commodity Futures Trading Commission. This rule is regarding guidance for listing voluntary carbon credit derivative contracts, which was published in the Federal Register on October 15, 2024. The resolution, introduced by Senator Kennedy along with Senator Sheehy, seeks to ensure that this guidance has no effect or force.
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AnalysisAI
Summary of the Bill
The bill titled "S. J. RES. 9" was introduced in the 119th Congress, 1st Session, providing for congressional disapproval of a specific rule issued by the Commodity Futures Trading Commission (CFTC). This rule pertains to the listing of voluntary carbon credit derivative contracts. Congressional disapproval under chapter 8 of title 5, United States Code, means that the rule in question, which was set to be published as a final guidance on October 15, 2024, will be nullified and will not have any legal effect.
Significant Issues
Several issues arise from the disapproval specified in this resolution:
Lack of Justification: The bill does not provide specific reasons for Congress's decision to disapprove the CFTC's guidance. This lack of clarity may lead to confusion among stakeholders who are trying to understand the basis of the rejection.
Timeline and Applicability: The document references a future publication date for the regulation (October 15, 2024), creating ambiguity. Since the bill dates from January 2025, the timing makes it unclear when exactly the disapproval takes effect and how it relates to the guidance's intended effective dates.
Consequences for Stakeholders: The resolution explicitly declares that the rule "shall have no force or effect," but does not address what this means for organizations and individuals involved with voluntary carbon credit derivative contracts. This lack of detail could lead to operational and compliance challenges.
Policy Gaps: Without proposing alternative guidance or solutions, the disapproval could leave a void in the regulation of voluntary carbon markets, potentially causing regulatory uncertainty.
Reference Documentation: The resolution points to the Federal Register entry (89 Fed. Reg. 83378) without providing further context or access instructions, which may pose difficulties for those attempting to review the actual guidance being disapproved.
Impact on the Public
The effect of this bill on the general public might not be immediate or obvious due to its specialized nature regarding derivative financial products linked to carbon credits. However, the broader public interest might focus on the implications for environmental policies and the economic management of carbon markets. By stopping this rule, Congress could influence how environmental economic tools, such as carbon credits, are developed and perceived within the legislative framework.
Impact on Specific Stakeholders
Regulatory Agencies: The resolution limits the CFTC's ability to enforce its guidance, impacting its role in regulating carbon credit derivatives. This might affect the agency's strategy for overseeing and stimulating growth in this emerging market.
Financial Markets and Traders: For market participants, including traders and institutions dealing in carbon credits, the disapproval could translate into uncertainty and risk. It might complicate how they list and trade carbon credit derivatives, hindering effective market functioning.
Environmental Advocates: Some environmental groups might view the lack of enforced regulation as a setback if they perceive structured trading frameworks as beneficial for driving investment toward greener technologies.
Businesses Involved in Carbon Credits: Companies that manage carbon emissions through credit systems could experience market instability. Organizations procuring carbon credits as part of their sustainability strategies might need to reassess their approaches in light of changing regulatory landscapes.
Overall, while this resolution directly impacts a narrow segment of the financial and environmental industries, its ripple effects could reach a broader audience concerned with effective climate policy and economic stability tied to sustainable practices.
Issues
The disapproval of the Commodity Futures Trading Commission's guidance on voluntary carbon credit derivative contracts without provided reasons may create ambiguity and confusion among stakeholders regarding the basis for Congress' decision. (Section 1)
The resolution's reference to a future publication date (October 15, 2024) adds uncertainty regarding the immediate applicability and impact of the disapproval, leaving stakeholders uncertain about current regulations. (Section 2)
The directive that the rule 'shall have no force or effect' lacks detailed explanation on the specific consequences or transitional steps for affected parties, potentially leading to operational and compliance issues. (Section 3)
The absence of alternative actions or new guidance leaves a gap in policy, which could contribute to regulatory uncertainty or inaction in the domain of voluntary carbon markets. (Section 4)
The reference to the specific Federal Register (89 Fed. Reg. 83378) without providing additional context or direction may cause difficulties for some stakeholders in locating and understanding the complete details of the disapproved guidance. (Section 5)
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
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Summary AI
Congress expressed disapproval of the final guidelines issued by the Commodity Futures Trading Commission concerning the listing of contracts tied to voluntary carbon credits, indicating those guidelines will not be enforced.