‘‘(1) OFFSETTING
COLLECTIONS.—Fees col-
lected under subsection (a) for any fiscal year— 
‘‘(A) shall be deposited and credited as off-
setting collections to the account providing ap-
propriations to the Commission; and 
‘‘(B) except as provided in subsection (e), 
shall not be collected or available for obligation 
for any fiscal year except to the extent provided 
in advance in appropriation Acts. 
‘‘(2) GENERAL
REVENUES
PROHIBITED.—No 
fees collected under subsection (a) shall be deposited 
and credited as general revenue of the Treasury. 
‘‘(d) FEE ORDERS.— 
‘‘(1) ANNUAL
ADJUSTMENT.—For each fiscal 
year, the Commission shall by order set the fees ap-
plicable under subsection (a) for the fiscal year at 
rates that are reasonably likely to produce aggregate 
fee collections under this section that are equal to 
the costs to the Federal Government of the annual 
appropriation to the Commission by Congress. 
‘‘(2) MID-YEAR ADJUSTMENT.— 
‘‘(A) IN GENERAL.—For each fiscal year, 
the Commission shall determine, not later than 
March 1 of the fiscal year, whether, based on 
the actual fees collected during the first 5 
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months of the fiscal year, the collections gen-
erated under the fee rates determined under 
paragraph (1) for the fiscal year are reasonably 
likely to be 10 percent (or more) greater or less 
than the annual appropriation to the Commis-
sion for the fiscal year. 
‘‘(B) ADJUSTMENT.— 
‘‘(i) IN GENERAL.—If the Commission 
makes an affirmative determination, the 
Commission shall by order, not later than 
March 1, adjust the fees for the fiscal year 
to rates that are reasonably likely to 
produce aggregate fee collections under 
this section that are equal to the cost to 
the Federal Government of the annual ap-
propriation to the Commission by Con-
gress. 
‘‘(ii) FACTORS.—The fee rates shall 
be assessed based on the same factors de-
scribed in subsection (a). 
‘‘(e) LAPSE OF APPROPRIATION.—If on the first day 
of a fiscal year a regular appropriation to the Commission 
has not been enacted, the Commission shall continue to 
collect (as offsetting collections) the fees and assessments 
under subsection (a) at the rates in effect on September 
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30 of the preceding fiscal year, until 90 days after the 
date a regular appropriation is enacted.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 2(d) of the Commodity Exchange 
Act (7 U.S.C. 2(d)) is amended by striking ‘‘and 9’’ 
and inserting ‘‘9, and 11’’. 
(2) Section 4(c)(1)(A)(i)(I) of the Commodity 
Exchange Act (7 U.S.C. 6(c)(1)(A)(i)(I)) is amended 
by inserting ‘‘11,’’ after ‘‘8e,’’. 
(3) Section 15(a)(3) of the Commodity Ex-
change Act (7 U.S.C. 19(a)(3)) is amended by add-
ing at the end the following: 
‘‘(D) An action under section 11.’’. 
SEC. 102. CIVIL PENALTIES AND FINES UNDER THE COM-
MODITY EXCHANGE ACT AND RELATED EN-
FORCEMENT ACTIONS. 
(a) 
CIVIL
PENALTIES
GENERALLY.—Section 
6(c)(10) of the Commodity Exchange Act (7 U.S.C. 9(10)) 
is amended by striking subparagraph (C) and inserting 
the following: 
‘‘(C) assess such person— 
‘‘(i) a civil penalty of not more than 
an amount equal to the greater of— 
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‘‘(I) $1,000,000, in the case of a 
person who is an individual, for each 
violation; 
‘‘(II) $10,000,000, in the case of 
any person other than an individual, 
for each violation; 
‘‘(III) triple the monetary gain to 
the person and all other persons act-
ing in concert with the person, for 
each such violation; or 
‘‘(IV) triple the total amount of 
losses to persons proximately caused 
by each such violation; or 
‘‘(ii) a civil penalty of triple the max-
imum amount otherwise available under 
clause (i) if the person, within 5 years pre-
ceding the violation, has been— 
‘‘(I) 
found 
in 
a 
proceeding 
brought by the Commission, or by 
agreement of settlement to which the 
Commission is a party, to have reck-
lessly, knowingly, or willfully violated 
any provision of this Act or of the 
rules, regulations, or orders of the 
Commission thereunder; 
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‘‘(II) found in a proceeding 
brought by the Securities and Ex-
change Commission, or by agreement 
of settlement to which the Securities 
and Exchange Commission is a party, 
to have recklessly, knowingly, or will-
fully violated any provision of the Se-
curities Act of 1933, the Securities 
Exchange Act of 1934, the Invest-
ment Company Act of 1940, or the 
Investment Advisers Act of 1940, or 
of the rules, regulations, or orders of 
the Securities and Exchange Commis-
sion thereunder; 
‘‘(III) found in a proceeding 
brought by the Federal Energy Regu-
latory Commission, or by agreement 
of settlement to which the Federal 
Energy Regulatory Commission is a 
party, to have recklessly, knowingly, 
or willfully violated any provision of 
the Federal Power Act (16 U.S.C. 
792 et seq.), the Natural Gas Act (15 
U.S.C. 717 et seq.), the Public Utility 
Regulatory Policies Act of 1978 (16 
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U.S.C. 2601 et seq.), the Natural Gas 
Policy Act of 1978 (15 U.S.C. 3301 
et seq.), or the rules, regulations, or 
orders of the Federal Energy Regu-
latory Commission issued thereunder; 
‘‘(IV) convicted of any criminal 
violation of this Act or of the rules, 
regulations, or orders of the Commis-
sion thereunder; 
‘‘(V) convicted of any criminal 
violation of the Securities Act of 
1933, the Securities Exchange Act of 
1934, the Investment Company Act of 
1940, or the Investment Advisers Act 
of 1940, or of the rules, regulations, 
or orders of the Securities and Ex-
change Commission thereunder; or 
‘‘(VI) convicted of any other 
criminal offense that involves any con-
duct, transaction, advice or activity 
related to any commodity interest, as 
that term is defined by the Commis-
sion, or security-based swap; and’’. 
(b) FINES AND CIVIL PENALTIES RELATED TO VIO-
LATION OF CEASE AND DESIST ORDER.—Section 6(d) of 
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the Commodity Exchange Act (7 U.S.C. 13b) is amend-
ed— 
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; 
(2) by striking ‘‘$140,000 or triple the mone-
tary gain to such person,’’ and inserting ‘‘(A) 
$1,000,000, in the case of a person who is an indi-
vidual, for each violation, (B) $10,000,000, in the 
case of any person other than an individual, for each 
violation, (C) triple the monetary gain to the person 
and all other persons acting in concert with the per-
son, for each such violation, or (D) triple the total 
amount of losses to persons proximately caused by 
each such violation,’’; and 
(3) by adding at the end the following: 
‘‘(2) A person may be held liable for a civil penalty 
in triple the amount otherwise available for a violation 
under this subsection if the person, within 5 years pre-
ceding such violation, has been— 
‘‘(A) found in a proceeding brought by the 
Commission, or by agreement of settlement to which 
the Commission is a party, to have recklessly, know-
ingly, or willfully violated any provision of this Act 
or the rules, regulations, or orders of the Commis-
sion thereunder; 
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