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(This measure has not been amended since it was introduced. The summary of that version is repeated here.)
Public Power Risk Management Act of 2013 - Amends the Commodity Exchange Act to direct the Commodity Futures Trading Commission (CFTC), when it determines whether to provide an exemption to designation as a swap dealer, to treat a utility operations-related swap entered into with a utility special entity as if such swap were entered into with an entity that is not a special entity. (Thus exempts an entity entering into a utility operations-related swap with a utility special entity from mandatory registration as a swap dealer.)
Requires transactions in utility operations-related swaps to be reported according to requirements for the reporting of uncleared swaps.
Defines "utility special entity" as a special entity, or any instrumentality, department, or corporation of or established by a state or local government, that: (1) owns or operates an electric or natural gas facility or an electric or natural gas operation; (2) supplies natural gas or electric energy to another utility special entity; (3) has public service obligations under federal, state, or local law or regulation to deliver electric energy or natural gas service to customers; or (4) is a federal power marketing agency.
Redefines swap to include a utility operations-related swap.
Defines "utility operations-related swap" as one that: (1) is entered into to hedge or mitigate commercial risk; (2) is associated with specified transactions in electric energy or natural gas; and (3) is not a contract, agreement, or transaction based on, derived on, or referencing
Written by the nonpartisan Congressional Research Service, describing H.R. 1038 as passed House without amendment on Jun 12, 2013. It is not the text of the measure; a later amendment may have changed what it does.
House Jun 12, 2013
To provide equal treatment for utility special entities using utility operations-related swaps, and for other purposes
Passed · Two-thirds required
423 Yea 0 Nay 11 not voting
Crossed both parties No voting member broke with their own party.
DemocratsRepublicansFilled: YeaRing: NayGrey: not voting or present
434 members on this roll call, from the official House record. Party majorities need at least five voting members, so an independent never counts as breaking with a party.
Signing on is not a vote: a member can cosponsor H.R. 1038 and vote against it. 4 signed when it was filed.
Organizations that named H.R. 1038 in a lobbying disclosure. Only those that cited the bill by number appear, so this is a floor, not a full list.
221 disclosures name this measure. Retrieved from LDA.gov on 2026-10-05. Senate Office of Public Records cannot vouch for the data or analyses derived from these data after the data have been retrieved from LDA.gov.