I 
109TH CONGRESS 
2D SESSION 
H. R. 5853 
To amend the Commodity Exchange Act to add a provision relating to 
reporting and recordkeeping for positions involving energy commodities. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 20, 2006 
Mr. ANDREWS (for himself and Mr. GRAVES) introduced the following bill; 
which was referred to the Committee on Agriculture 
A BILL 
To amend the Commodity Exchange Act to add a provision 
relating to reporting and recordkeeping for positions in-
volving energy commodities. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Oil and Gas Traders 
Oversight Act of 2006’’. 
SEC. 2. REPORTING AND RECORDKEEPING FOR POSITIONS 
INVOLVING ENERGY COMMODITIES. 
(a) IN GENERAL.—Section 2(h) of the Commodity 
Exchange Act (7 U.S.C. 2(h)) is amended by adding at 
the end the following: 
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‘‘(7) REPORTING
AND
RECORDKEEPING
FOR 
POSITIONS INVOLVING ENERGY COMMODITIES.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) DOMESTIC TERMINAL.—The term 
‘domestic terminal’ means a technology, 
software, or other means of providing elec-
tronic access within the United States to a 
contract, agreement, or transaction traded 
on a foreign board of trade. 
‘‘(ii) ENERGY COMMODITY.—The term 
‘energy commodity’ means a commodity or 
the derivatives of a commodity that is used 
primarily as a source of energy, includ-
ing— 
‘‘(I) coal; 
‘‘(II) crude oil; 
‘‘(III) gasoline; 
‘‘(IV) heating oil; 
‘‘(V) diesel fuel; 
‘‘(VI) electricity; 
‘‘(VII) propane; and 
‘‘(VIII) natural gas. 
‘‘(iii) REPORTABLE
CONTRACT.—The 
term ‘reportable contract’ means— 
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‘‘(I) a contract, agreement, or 
transaction involving an energy com-
modity, executed on an electronic 
trading facility, or 
‘‘(II) a contract, agreement, or 
transaction for future delivery involv-
ing an energy commodity for which 
the underlying energy commodity has 
a physical delivery point within the 
United States and that is executed 
through a domestic terminal. 
‘‘(B) RECORD
KEEPING.—The Commis-
sion, by rule, shall require any person holding, 
maintaining, or controlling any position in any 
reportable contract under this section— 
‘‘(i) to maintain such records as di-
rected by the Commission for a period of 
5 years, or longer, if directed by the Com-
mission; and 
‘‘(ii) to provide such records upon re-
quest to the Commission or the Depart-
ment of Justice. 
‘‘(C) REPORTING OF POSITIONS INVOLVING 
ENERGY COMMODITIES.—The Commission shall 
prescribe rules requiring such regular or contin-
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uous reporting of positions in a reportable con-
tract in accordance with such requirements re-
garding size limits for reportable positions and 
the form, timing, and manner of filing such re-
ports under this paragraph, as the Commission 
shall determine. 
‘‘(D) OTHER RULES NOT AFFECTED.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), this paragraph does 
not prohibit or impair the adoption by any 
board of trade licensed, designated, or reg-
istered by the Commission of any bylaw, 
rule, regulation, or resolution requiring re-
ports of positions in any agreement, con-
tract, or transaction made in connection 
with a contract of sale for future delivery 
of an energy commodity (including such a 
contract of sale), including any bylaw, rule, 
regulation, or resolution pertaining to fil-
ing or recordkeeping, which may be held by 
any person subject to the rules of the 
board of trade. 
‘‘(ii) EXCEPTION.—Any bylaw, rule, 
regulation, or resolution established by a 
board of trade described in clause (i) shall 
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not be inconsistent with any requirement 
prescribed by the Commission under this 
paragraph. 
‘‘(E) CONTRACT, AGREEMENT, OR TRANS-
ACTION
FOR
FUTURE
DELIVERY.—Notwith-
standing sections 4(b) and 4a, the Commission 
shall subject a contract, agreement, or trans-
action for future delivery in an energy com-
modity to the requirements established by this 
paragraph.’’. 
(b) CONFORMING AMENDMENTS.—Section 4a(e) of 
the Commodity Exchange Act (7 U.S.C. 6a(e)) is amend-
ed— 
(1) in the first sentence— 
(A) by inserting ‘‘or by an electronic trad-
ing facility operating in reliance on section 
2(h)(3)’’ after ‘‘registered by the Commission’’; 
and 
(B) by inserting ‘‘electronic trading facil-
ity,’’ before ‘‘or such board of trade’’; and 
(2) in the second sentence, by inserting ‘‘or by 
an electronic trading facility operating in reliance on 
section 2(h)(3)’’ after ‘‘registered by the Commis-
sion’’. 
Æ 
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