287
with any order to make, or the making of, any contract 
of sale of any commodity in interstate commerce, made, 
or to be made on or subject to the rules of any registered 
entity, or for any person, in or in connection with any 
order to make, or the making of, any agreement, trans-
action, or contract in a commodity subject to this Act—
‘‘(1) to cheat or defraud or attempt to cheat or 
defraud any person; 
‘‘(2) willfully to make or cause to be made to 
any person any false report or statement, or willfully 
to enter or cause to be entered any false record; 
‘‘(3) willfully to deceive or attempt to deceive 
any person by any means; or 
‘‘(4) to bucket the order, or to fill the order by 
offset against the order of any person, or willfully, 
knowingly, and without the prior consent of any per-
son to become the buyer in respect to any selling 
order of any person, or to become the seller in re-
spect to any buying order of any person.’’. 
(4) CONFORMING
AMENDMENTS.—The Com-
modity Exchange Act is amended—
(A) in section 2 (7 U.S.C. 2)—
(i) in subsection (h)—
288
(I) in paragraph (1), by striking 
‘‘paragraph (2)’’ and inserting ‘‘para-
graphs (2) and (7)’’; and 
(II) in paragraph (3), by striking 
‘‘paragraph (4)’’ and inserting ‘‘para-
graphs (4) and (7)’’; and 
(ii) in subsection (i)(1)(A), by striking 
‘‘section 2(h) or 4(c)’’ and inserting ‘‘sec-
tion 2(h), 2(j), or 4(c)’’; 
(B) in section 4i (7 U.S.C. 6i)—
(i) by striking ‘‘any contract market 
or’’ and inserting ‘‘any contract market,’’; 
and 
(ii) by inserting ‘‘, or pursuant to an 
exemption 
under 
section 
4(c)’’ 
after 
‘‘transaction execution facility’’; 
(C) 
in 
section 
5a(g)(1) 
(7 
U.S.C. 
7a(g)(1)), by striking ‘‘2(h)’’ and inserting 
‘‘2(h) or 2(j)’’; 
(D) in section 5b (7 U.S.C. 7a–1)—
(i) in subsection (a)(1), by striking 
‘‘2(h) or’’ and inserting ‘‘2(h), 2(j), or’’; 
and
289
(ii) in subsection (b), by striking 
‘‘2(h) or’’ and inserting ‘‘2(h), 2(j), or’’; 
and 
(E) in section 12(e)(2)(B) (7 U.S.C. 
16(e)(2)(B)), by striking ‘‘2(h)’’ and inserting 
‘‘2(h), 2(j),’’. 
(b) JURISDICTION OF THE FEDERAL ENERGY REGU-
LATORY COMMISSION OVER ENERGY TRADING MAR-
KETS.—Section 402 of the Department of Energy Organi-
zation Act (42 U.S.C. 7172) is amended by adding at the 
end the following: 
‘‘(i) JURISDICTION
OVER
DERIVATIVES
TRANS-
ACTIONS.—
‘‘(1) IN
GENERAL.—To the extent that the 
Commission determines that any contract that 
comes before the Commission is not under the juris-
diction of the Commission, the Commission shall 
refer the contract to the appropriate Federal agency. 
‘‘(2) MEETINGS.—A designee of the Commis-
sion shall meet quarterly with a designee of the 
Commodity Futures Trading Commission, the Secu-
rities Exchange Commission, the Federal Trade 
Commission, and the Federal Reserve Board to dis-
cuss—
290
‘‘(A) conditions and events in energy trad-
ing markets; and 
‘‘(B) any changes in Federal law (includ-
ing regulations) that may be appropriate to reg-
ulate energy trading markets. 
‘‘(3) LIAISON.—The Commission shall, in co-
operation with the Commodity Futures Trading 
Commission, maintain a liaison between the Com-
mission and the Commodity Futures Trading Com-
mission.’’. 
SEC. 503. INCREASED FUNDING FOR LIHEAP, WEATHERIZA-
TION ASSISTANCE. 
(a) LIHEAP.—(1) Section 2602(b) of the Low-Income 
Home Energy Assistance Act of 1981 (42 U.S.C. 8621(b)) 
is amended by striking the first sentence and inserting 
‘‘There are authorized to be appropriated to carry out the 
provisions of this title (other than section 2607A), 
$3,400,000,000 for each of fiscal years 2006 through 
2008.’’. 
(2) Section 2602(e) of the Low-Income Home Energy 
Assistance Act of 1981 (42 U.S.C. 8621(e)) is amended 
by 
striking 
‘‘$600,000,000’’ 
and 
inserting 
‘‘$1,000,000,000’’. 
(3) Section 2609A(a) of the Low-Income Energy As-
sistance Act of 1981 (42 U.S.C. 8628a(a)) is amended by
291
striking ‘‘not more than $300,000’’ and inserting ‘‘not 
more than $750,000’’. 
(b) WEATHERIZATION ASSISTANCE.—Section 422 of 
the Energy Conservation and Production Act (42 U.S.C. 
6872) is amended by striking ‘‘for fiscal years 1999 
through 2003 such sums as may be necessary.’’ and in-
serting ‘‘$325,000,000 for fiscal year 2006, $400,000,000 
for fiscal year 2007, and $500,000,000 for fiscal year 
2008.’’. 
SEC. 504. NATIONAL ENERGY EFFICIENT HOUSING. 
(a) ESTABLISHMENT.—There is created a body cor-
porate to be known as the ‘‘Federal Energy Efficient 
Home Mortgage Association’’ (in this section referred to 
as the ‘‘Corporation’’), which shall be regulated by the Of-
fice of Federal Housing Enterprise Oversight. The Cor-
poration shall have succession until dissolved by Act of 
Congress. The Corporation shall maintain its principal of-
fice in the District of Columbia and shall be deemed, for 
purposes of venue in civil actions, to be a resident thereof. 
The Corporation may establish agencies or offices in such 
other place or places as it may deem necessary or appro-
priate in the conduct of its business. 
(b) AUTHORITY.—The Corporation may—
(1) pursuant to commitments or otherwise, pur-
chase, service, sell, or otherwise deal in any mort-
292
gages that meet or exceed the eligibility require-
ments for the Environmental Protection Agency pro-
gram known as ‘‘Energy Star’’ including mortgages 
that were previously purchased, serviced, or held by 
the Secretary of Housing and Urban Development 
pursuant to the National Housing Act, any Federal 
Home Loan Bank, the Government National Mort-
gage Association, the Department of Veterans Af-
fairs, the Federal National Mortgage Association, or 
the Federal Home Loan Mortgage Corporation; 
(2) purchase, service, sell, lend on the security 
of, and otherwise deal in loans or advances of credit 
for the purchase and installation of home energy 
conserving improvements; and 
(3) upon such terms and conditions as it may 
deem appropriate, issue, and guarantee the timely 
payment of principal of and interest on, such trust 
certificates or other securities that are based on and 
backed by a trust or pool composed of mortgages de-
scribed in paragraph (1), (2), or (3). 
(c) LIMITATION.—The price of a mortgage purchased 
by the Corporation pursuant to the authority under sub-
section (b) may not exceed 100 percent of the unpaid prin-
cipal amount of the mortgage at the time of purchase, with 
adjustments for interest and any comparable items.
293
(d) BORROWING FROM TREASURY.—
(1) AUTHORITY.—The Corporation may issue 
to the Secretary of the Treasury, and the Secretary 
may purchase, obligations as may be necessary to 
fund the operations of the Corporation. 
(2) TERMS.—Obligations issued under this sub-
section shall be in such forms and denomination, 
bear such maturities and rates of interest, and be 
subject to such other terms and conditions, as the 
Secretary of the Treasury shall determine. 
(3) PUBLIC
DEBT
TRANSACTIONS.—For the 
purpose of purchasing any such obligations, the Sec-
retary may use a public debt transaction the pro-
ceeds of the sale of any securities issued under chap-
ter 31 of title 31, United States Code, and the pur-
poses for which securities may be issued under such 
chapter are extended to include such purpose. 
(3) LIMITATION ON AMOUNT.—The Secretary of the 
Treasury shall not at any time purchase any obligations 
under this subsection if the purchase would increase the 
aggregate principal amount of the outstanding holdings of 
obligations under this subsection by the Secretary to an 
amount greater than $1,000,000,000. 
(4) SALE.—The Secretary of the Treasury may at 
any time sell, upon terms and conditions and at prices
294
determined by the Secretary, any of the obligations ac-
quired by the Secretary under this subsection. 
(5) TREATMENT.—All redemptions, purchases and 
sales by the Secretary of the Treasury of obligations under 
this subsection shall be treated as public debt transactions 
of the United States. 
SEC. 505. NATIONAL NET METERING REQUIREMENT FOR 
UTILITIES AND INTERCONNECTION STAND-
ARDS FOR DISTRIBUTIVE ENERGY GENERA-
TION. 
The Federal Power Act is amended by adding the fol-
lowing new part at the end thereof: 
‘‘PART IV—NATIONAL REQUIREMENTS 
AFFECTING RETAIL ELECTRIC ENERGY 
‘‘SEC. 401. NET METERING. 
‘‘(a) DEFINITIONS.—As used in this section: 
‘‘(1) The term ‘customer-generator’ means the 
owner or operator of an electric generation unit 
qualified for net metering under this section. 
‘‘(2) The term ‘net metering’ means measuring 
the difference between the electricity supplied to a 
customer-generator and the electricity generated by 
a customer-generator that is delivered to a local dis-
tribution section system at the same point of inter-
connection during an applicable billing period.
295
‘‘(3) The terms ‘electric generation unit quali-
fied for net metering’ and ‘qualified generation unit’ 
mean an electric energy generation unit that meets 
each of the following requirements: 
‘‘(A) The unit is a fuel cell or uses as its 
energy source either solar, wind, or biomass. 
‘‘(B) The unit has a generating capacity of 
not more than 100 kilowatts. 
‘‘(C) The unit is located on premises that 
are owned, operated, leased, or otherwise con-
trolled by the customer-generator. 
‘‘(D) The unit operates in parallel with the 
retail electric supplier. 
‘‘(E) The unit is intended primarily to off-
set part or all of the customer-generator’s re-
quirements for electric energy. 
‘‘(4) The term ‘retail electric supplier’ means 
any person that sells electric energy to the ultimate 
consumer thereof. 
‘‘(5) The term ‘local distribution system’ means 
any system for the distribution section of electric en-
ergy to the ultimate consumer thereof, whether or 
not the owner or operator of such system is also a 
retail electric supplier.
296
‘‘(b) ADOPTION.—Not later than one year after the 
enactment of this section, each retail electric supplier shall 
comply with each of the following requirements and notify 
all of its retail customers of such requirements not less 
frequently than quarterly: 
‘‘(1) The supplier shall offer to arrange (either 
directly or through a local distribution company or 
other third party) to make available, on a first-come-
first-served basis, to each of its retail customers that 
has installed an energy generation unit that is in-
tended for net metering and that notifies the sup-
plier of its generating capacity an electric energy 
meter that is capable of net metering if the cus-
tomer-generator’s existing electrical meter cannot 
perform that function. 
‘‘(2) Rates and charges and contract terms and 
conditions applicable to the sale by the supplier of 
electric energy to customer-generators shall be the 
same as the rates and charges and contract terms 
and conditions that would be applicable if the cus-
tomer-generator did not own or operate a qualified 
generation unit and use a net metering system. 
The requirements of this subsection are subject to the per-
cent limitations set forth in subsection (d).
297
‘‘(c) NET ENERGY MEASUREMENT AND BILLING.—
Each retail electric supplier subject to subsection (b) shall 
calculate the net energy measurement for a customer 
using a net metering system in the following manner: 
‘‘(1) The retail electric supplier shall measure 
the net electricity produced or consumed during the 
billing period using the metering referred to in para-
graph (1) of subsection (b) or in subsection (f). 
‘‘(2) If the electricity supplied by the retail elec-
tric supplier exceeds the electricity generated by the 
customer-generator during the billing period, the 
customer-generator shall be billed for the net elec-
tricity supplied by the retail electric supplier in ac-
cordance with normal metering practices. 
‘‘(3) If electricity generated by the customer-
generator exceeds the electricity supplied by the re-
tail electric supplier, the customer-generator—
‘‘(A) shall be billed for the appropriate 
customer charges for that billing period; 
‘‘(B) shall be credited for the excess elec-
tric energy generated during the billing period, 
with this credit appearing on the bill to be ap-
plied against charges for the following billing 
period (except for a billing period that ends in 
the next calendar year); and
298
‘‘(C) shall not be charged for transmission 
losses. 
If the customer-generator is using a meter that re-
flects the time of generation (a ‘real time meter’), 
the credit shall be based on the retail rates for sale 
by the retail electric supplier at the time of such 
generation. At the beginning of each calendar year, 
any remaining unused kilowatt-hour credit accumu-
lated by a customer-generator during the previous 
year may be sold by the customer-generator to any 
electric supplier that agrees to purchase such credit. 
In the absence of any such purchase, the credit shall 
be assigned (at no cost) to the retail electric supplier 
that supplied electric energy to such customer-gener-
ator at the end of the previous year. 
‘‘(d) PERCENT LIMITATIONS.—
‘‘(1) TWO PERCENT LIMITATION.—A retail elec-
tric supplier shall not be required to comply with 
subsection (b) with respect to additional customer-
generators after the date during any calendar year 
on which the total generating capacity of all cus-
tomer-generators with qualified generation facilities 
and net metering systems served by that supplier is 
equal to or in excess of 2 percent of the capacity 
necessary to meet the supplier’s average forecasted