I 
109TH CONGRESS 
2D SESSION 
H. R. 5248 
To regulate over-the-counter trading of energy derivatives. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 27, 2006 
Mr. STUPAK (for himself, Mr. DINGELL, Mr. LARSON of Connecticut, Mr. 
NADLER, 
Mrs. 
MCCARTHY, 
Mr. 
HINCHEY, 
Mr. 
BAIRD, 
Mrs. 
NAPOLITANO, Mr. CHANDLER, Ms. SCHWARTZ of Pennsylvania, Mr. 
TIERNEY, Mr. INSLEE, Ms. MCKINNEY, Mr. ALLEN, Mr. AL GREEN of 
Texas, Mr. DEFAZIO, Mrs. CAPPS, Mr. PASCRELL, Mr. DOGGETT, Mr. 
RUPPERSBERGER, and Mr. BISHOP of New York) introduced the fol-
lowing bill; which was referred to the Committee on Agriculture 
A BILL 
To regulate over-the-counter trading of energy derivatives. 
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 ‘‘Prevent Unfair Manip-
ulation of Prices Act of 2006’’. 
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SEC. 2. OVER-THE-COUNTER TRANSACTIONS IN ENERGY 
COMMODITIES. 
(a) DEFINITIONS.—Section 1a of the Commodity Ex-
change Act (7 U.S.C. 1a) is amended by adding at the 
end the following: 
‘‘(34) INCLUDED ENERGY TRANSACTION.—The 
term ‘included energy transaction’ means a contract, 
agreement, or transaction in an energy commodity 
that is— 
‘‘(A)(i) executed or traded on an electronic 
trading facility; and 
‘‘(ii) entered into on a principal-to-prin-
cipal basis solely between persons that are eligi-
ble commercial entities at the time the persons 
enter into the agreement, contract, or trans-
action; or 
‘‘(B)(i) executed or traded not on or 
through a trading facility; and 
‘‘(ii) entered into solely between persons 
that are eligible contract participants at the 
time the persons enter into the agreement, con-
tract, or transaction, regardless of the means of 
execution of the agreement, contract, or trans-
action. 
‘‘(35) ENERGY COMMODITY.— 
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‘‘(A) IN
GENERAL.—The term ‘energy 
commodity’ means a commodity (other than an 
excluded commodity, a metal, or an agricultural 
commodity) that is used as a source of energy. 
‘‘(B) INCLUSIONS.—The term ‘energy com-
modity’ includes— 
‘‘(i) coal; 
‘‘(ii) crude oil, gasoline, diesel fuel, 
heating oil, and propane; 
‘‘(iii) electricity; and 
‘‘(iv) natural gas. 
‘‘(36) ELECTRONIC
ENERGY
TRADING
FACIL-
ITY.—The term ‘electronic energy trading facility’ 
means an electronic trading facility on or through 
which included energy transactions are traded or ex-
ecuted.’’. 
(b) OFF-EXCHANGE
TRANSACTIONS
IN
ENERGY 
COMMODITIES.—Section 2(g) of the Commodity Exchange 
Act (7 U.S.C. 2(g)) is amended— 
(1) by inserting ‘‘or an energy commodity’’ 
after ‘‘agricultural commodity’’; 
(2) by redesignating paragraphs (1) through 
(3) as subparagraphs (A) through (C), respectively; 
(3) by striking ‘‘No provision’’ and inserting 
the following: 
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