Congresswoman McClain Delaney Introduces the Bipartisan CFTC Charitable Organization Exemption Act

Congresswoman McClain Delaney Introduces the Bipartisan CFTC Charitable Organization Exemption Act

WASHINGTON, D.C. - Yesterday, Congresswoman April McClain Delaney (D-MD) and Congressman Mark Messmer (R-IN) introduced the bipartisan CFTC Charitable Organization Exemption Act to lift administrative burdens for charitable organizations seeking to engage in commodities investment overseen by the Commodity Futures Trading Commission (CFTC).

Many charitable organizations, such as religious organizations, universities, and other nonprofits, routinely use swaps - a contract to exchange cash flows that derive from the price changes of a commodity - to help protect endowment funds from uncertain market conditions.

Currently, the Commodity Exchange Act (CEA) does not fully exempt charitable organizations from the commodity pool operator (CPO) definition and commodity trading advisor (CTA) registration requirements; yet the Securities and Exchange Commission (SEC) does.

The current CFTC requirements for charitable organizations divert time and resources away from the philanthropic and educational work championed by these nonprofits. The CFTC Charitable Organization Exemption Act would align the CEA with the exemptions already provided under the SEC, and help ensure that charitable organizations can responsibly access commodity investments as part of a diversified portfolio and maximize their benefit plan offerings to employees.

"When our nonprofits succeed, our communities follow suit. From religious institutions to food pantries, charitable organizations are a lifeline for education, food security, and meeting the needs of our most vulnerable - in Maryland's 6th and across the country," said Congresswoman McClain Delaney. "This legislation would make a real difference for charities, qualifying nonprofits, and Americans who rely on those benefits plans for long-term financial security. As a lifelong nonprofit advocate, I am proud to fight for them."

"The Commodity Futures Trading Commission (CFTC) Charitable Organizations Exemption Act ensures that American religious institutions can provide strong retirement benefit plans for priests, rabbis, and pastors, as well as their administrative staff," said Rep. Messmer. "By eliminating government red tape and burdensome regulations, this bill protects the investments of ministry leaders, and I am proud to support churches and synagogues in Indiana's Eighth District and those across our great country."

The Church Alliance supports the introduction of this important legislation. The Church Alliance's membership includes 34 denominational benefits organizations offering retirement benefits, health coverage and other types of employee benefits to their plan participants. In the state of Maryland, the Church Alliance estimates that its member organizations serve more than 1,800 religiously affiliated employers, including churches, parishes, synagogues, and other faith-based organizations.

"The Church Alliance thanks Congresswoman McClain Delaney and Congressman Messmer for their leadership in introducing important legislation to provide regulatory certainty to church benefits plans and the religious institutions they serve. This legislation clarifies the ability of religious and nonprofit organizations to diversify their investment portfolios, helping to ensure that they can continue to provide strong retirement and healthcare benefits to clergy and lay workers," said Chris Wells, Executive Director of the Church Alliance.

View the full bill text.