SEC. 202. REPORTING OF LARGE POSITIONS INVOLVING 
NATURAL GAS. 
(a) IN GENERAL.—Section 4a of the Commodity Ex-
change Act (7 U.S.C. 6a) is amended—
(1) in subsection (e), by striking the last sen-
tence; and 
(2) by adding at the end the following: 
‘‘(f) REPORTING OF LARGE POSITIONS INVOLVING 
NATURAL GAS.—
‘‘(1) IN GENERAL.—The Commission, by rule, 
shall require any person holding, maintaining, or 
controlling any position in a contract of sale of nat-
ural gas for future delivery, or option thereon, on or 
subject to the rules of any contract market or de-
rivatives transaction execution facility, at or in ex-
cess of such limits as the Commission may specify 
as reportable, to maintain for a period of 5 years 
and provide on request to the Commission, records 
of the person regarding the position and any related 
contract, agreement, or transaction in natural gas to 
which the person is a party. 
‘‘(2) NO DUPLICATE REPORTS.—Except as oth-
erwise provided in this paragraph, the rules pre-
scribed under paragraph (1) shall not apply to any 
position that otherwise is required to be reported to 
any agency of the United States if the report would
otherwise satisfy the requirements under this sub-
section and the report of the position is available to 
the Commission at the request of the Commission. 
Notwithstanding the preceding sentence, any report 
of any such position to any agency of the United 
States shall constitute a statement, report, or docu-
ment required for the purposes of section 9. 
‘‘(3) CRITERIA FOR RULES.—
‘‘(A) IN
GENERAL.—In prescribing rules 
required by paragraph (1), the Commission 
shall consider—
‘‘(i) the purposes for monitoring large 
positions in any contract for future deliv-
ery of natural gas; 
‘‘(ii) the effect of the reporting re-
quirements on the efficiency and liquidity 
of the market for any agreement, contract, 
or transaction made in connection with any 
contract for the future delivery of natural 
gas; and 
‘‘(iii) the costs and burden on the per-
sons that would be required to file the re-
ports. 
‘‘(B) FREQUENCY.—The Commission shall 
require the provision of records under para-
graph (1) only in circumstances where manipu-
lation is suspected, except that the Commission 
may prescribe rules requiring regular or contin-
uous reporting if the Commission finds that 
such reporting would help to deter or to detect 
manipulation in any market for any agreement, 
contract, or transaction made in connection 
with any contract for the future delivery of nat-
ural gas. 
‘‘(C) FILING REQUIREMENTS.—Records re-
quired to be provided under paragraph (1) shall 
be required to be filed with the Commission in 
accordance with such requirements regarding 
the form, timing, and manner of filing such re-
ports, as the Commission may prescribe by rule. 
‘‘(5) OTHER RULES NOT AFFECTED.—This sub-
section shall not be interpreted to prohibit or impair 
the adoption by any board of trade licensed, des-
ignated, or registered by the Commission of any 
bylaw, rule, regulation, or resolution requiring re-
ports of positions in any agreement, contract, or 
transaction made in connection with a contract of 
sale for future delivery of natural gas (including 
such a contract of sale), including any bylaw, rule, 
regulation, or resolution pertaining to filing or rec-
ordkeeping, which may be held by any person sub-
ject to the rules of the board of trade, except that 
any bylaw, rule, regulation, or resolution established 
by the board of trade shall not be inconsistent with 
any requirement prescribed by the Commission 
under this subsection.’’. 
SEC. 203. CRIMINAL AND CIVIL PENALTIES. 
(a) ENFORCEMENT POWERS OF THE COMMISSION.—
Section 6(c) of the Commodity Exchange Act (7 U.S.C. 
9, 15) is amended in clause (3) of the 10th sentence—
(1) by inserting ‘‘(A)’’ after ‘‘assess such per-
son’’; and 
(2) by inserting after ‘‘each such violation’’ the 
following: ‘‘or (B) in any case of manipulation of, or 
attempt to manipulate under section 9(a)(2), a civil 
penalty of not more than the greater of $1,000,000 
or triple the monetary gain to such person for each 
such violation,’’. 
(b) NONENFORCEMENT OF RULES OF GOVERNMENT 
OR OTHER VIOLATIONS.—Section 6b of such Act (7 
U.S.C. 13a) is amended—
(1) in the 1st sentence, by inserting ‘‘, or, in 
any case of manipulation of, or an attempt to ma-
nipulate, the price of any commodity, a civil penalty
of not more than $1,000,000 for each such viola-
tion’’ before the period; and 
(2) in the 2nd sentence, by inserting ‘‘, except 
that if the failure or refusal to obey or comply with 
the order involved any offense under section 9(a)(2), 
the registered entity, director, officer, agent, or em-
ployee shall be guilty of a felony and, on conviction, 
shall be subject to penalties under section 9(f)’’ be-
fore the period. 
(c) ACTION TO ENJOIN OR RESTRAIN VIOLATIONS.—
Section 6c(d) of such Act (7 U.S.C. 13a–1(d)) is amended 
by striking ‘‘(d)’’ and all that follows through the end of 
the paragraph (1) and inserting the following: 
‘‘(d) CIVIL PENALTIES.—(1) In any action brought 
under this section, the Commission may seek and the 
court shall have jurisdiction to impose, on a proper show-
ing, on any person found in the action to have committed 
any violation—
‘‘(A) a civil penalty in the amount of not 
more than the greater of $100,000 or triple the 
monetary gain to the person for each violation; 
or 
‘‘(B) in any case of manipulation of, or an 
attempt to manipulate, the price of any com-
modity, a civil penalty in the amount of not
more than the greater of $1,000,000 or triple 
the monetary gain to the person for each viola-
tion.’’. 
(d) VIOLATIONS GENERALLY.—Section 9(a) of such 
Act (7 U.S.C. 13(a)) is amended—
(1) by striking ‘‘(or $500,000 in the case of a 
person who is an individual)’’; and 
(2) by striking ‘‘five years’’ and inserting ‘‘10 
years’’.
Passed the House of Representatives December 14, 
2005. 
Attest:
Clerk.