Commission to obtain informa-
tion from an eligible commercial 
entity or otherwise enforce this 
Act. 
‘‘(VI) REGULATIONS.—Not later 
than 180 days after the date of enact-
ment of this paragraph, the Commis-
sion shall issue a notice of proposed 
rulemaking, and not later than 1 year 
after the date of enactment of this 
paragraph, the Commission shall pro-
mulgate final regulations, specifying 
the information to be provided and 
maintained 
under 
this 
subpara-
graph.’’. 
SEC. 3. ELECTRONIC TRADING FACILITIES FOR ENERGY 
COMMODITIES. 
Section 2(h) of the Commodity Exchange Act (7 
U.S.C. 2(h)) is amended— 
(1) in paragraph (1), by inserting after ‘‘an ex-
empt commodity’’ the following: ‘‘, other than an en-
ergy commodity,’’; 
(2) in paragraph (3), by inserting after ‘‘an ex-
empt commodity’’ the following: ‘‘, other than an en-
ergy commodity,’’; and 
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(3) by adding at the end the following: 
‘‘(7) ENERGY TRANSACTIONS.— 
‘‘(A) IN GENERAL.—To the extent that the 
Commission determines to be appropriate under 
subparagraph (C), an electronic energy trading 
facility shall— 
‘‘(i) be subject to the requirements of 
section 5a, to the extent provided in sec-
tions 5a(g) and 5d; 
‘‘(ii)(I) consistent with section 4i, 
maintain books and records relating to the 
business of the electronic energy trading 
facility, including books and records relat-
ing to each transaction in such form as the 
Commission may require; and 
‘‘(II) make the books and records re-
quired under this section available to rep-
resentatives of the Commission and the At-
torney General for inspection for a period 
of at least 5 years after the date of each 
included energy transaction; 
‘‘(iii) make available to the public in-
formation on trading volumes, settlement 
prices, open interest (where applicable), 
and opening and closing ranges (or daily 
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highs and lows, as appropriate) for in-
cluded energy transactions; and 
‘‘(iv) provide the information to the 
Commission in such form and at such 
times as the Commission may require. 
‘‘(B) APPLICABILITY
OF
OTHER
PROVI-
SIONS.— 
‘‘(i) PARAGRAPH
(5).—An electronic 
energy trading facility shall comply with 
paragraph (5). 
‘‘(ii) PARAGRAPH (6).—Paragraph (6) 
shall apply with respect to a subpoena 
issued to any foreign person that the Com-
mission believes is conducting or has con-
ducted transactions on or through an elec-
tronic energy trading facility. 
‘‘(C) REGULATIONS.—Not later than 180 
days after the date of enactment of this para-
graph, the Commission shall issue a notice of 
proposed rulemaking, and not later than 1 year 
after the date of enactment of this paragraph, 
the Commission shall promulgate final regula-
tions, specifying the information to be provided, 
maintained, or made available to the public 
under subparagraphs (A) and (B). 
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‘‘(8) NONDISCLOSURE OF PROPRIETARY INFOR-
MATION.—In carrying out paragraph (7) and sub-
section (g)(2), the Commission shall not— 
‘‘(A) require the real-time publication of 
proprietary information; 
‘‘(B) prohibit the commercial sale or li-
censing of real-time proprietary information; or 
‘‘(C) publicly disclose information regard-
ing market positions, business transactions, 
trade secrets, or names of customers, except as 
provided in section 8.’’. 
SEC. 4. NO EFFECT ON OTHER AUTHORITY. 
(a) NO EFFECT ON FERC AUTHORITY.—Nothing 
contained in this title shall affect the jurisdiction of the 
Federal Energy Regulatory Commission with respect to 
the authority of the Federal Energy Regulatory Commis-
sion under the Federal Power Act (16 U.S.C. 791a et 
seq.), the Natural Gas Act (15 U.S.C. 717 et seq.), or 
other law to obtain information or otherwise carry out the 
responsibilities of the Federal Energy Regulatory Commis-
sion. 
(b) NO EFFECT ON EXCLUDED COMMODITIES.—The 
amendments made by this title have no effect on the regu-
lation of excluded commodities under the Commodity Ex-
change Act (7 U.S.C. 1a et seq.). 
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(c) NO EFFECT
ON METALS.—The amendments 
made by this title have no effect on the regulation of met-
als under the Commodity Exchange Act (7 U.S.C. 1a et 
seq.). 
SEC. 5. PROHIBITION OF FRAUDULENT TRANSACTIONS. 
Section 4b of the Commodity Exchange Act (7 U.S.C. 
6b) is amended by striking subsection (a) and inserting 
the following: 
‘‘(a) PROHIBITIONS.— 
‘‘(1) IN GENERAL.—It shall be unlawful (A) for 
any person, in or in connection with any order to 
make, or the making of, any contract of sale of any 
commodity for future delivery or in interstate com-
merce, that is made, or to be made, on or subject 
to the rules of a designated contract market, for or 
on behalf of any other person, or (B) for any person, 
in or in connection with any order to make, or the 
making of, any contract of sale of any commodity 
for future delivery or other agreement, contract or 
transaction subject to paragraphs (1) and (2) of sec-
tion 5a(g), that is made, or to be made, for or on 
behalf of or with, any other person, other than on 
or subject to the rules of a designated contract mar-
ket— 
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‘‘(i) to cheat or defraud or attempt to 
cheat or defraud the other person; 
‘‘(ii) willfully to make or cause to be made 
to such other person any false report or state-
ment or willfully to enter or cause to be entered 
for the other person any false record; 
‘‘(iii) willfully to deceive or attempt to de-
ceive the other person by any means whatsoever 
in regard to any order or contract or the dis-
position or execution of any order or contract, 
or in regard to any act of agency performed, 
with respect to any order or contract for (or, in 
the case of a contract described in subpara-
graph (B), with the other person) such person; 
or 
‘‘(iv)(I) to bucket an order represented by 
the person as an order to be executed, for or on 
behalf of the other person, on an organized ex-
change; or 
‘‘(II) to— 
‘‘(aa) fill an order by offset against 
the order or orders of the other person; or 
‘‘(bb) willfully and knowingly and 
without the prior consent of the other per-
son, to— 
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‘‘(AA) become the buyer in re-
spect to any selling order of the other 
person; or 
‘‘(BB) become the seller in re-
spect to any buying order of the other 
person, 
if the order is to be executed on or subject to 
the rules of a designated contract market. 
‘‘(2) LIMITATION.—This subsection does not 
obligate any person, in connection with a transaction 
in a contract of sale of a commodity for future deliv-
ery with another person, to disclose to any other 
person nonpublic information that may be material 
to the market price of the commodity or transaction, 
except as necessary to make any statement made to 
the other person in connection with the transaction 
not misleading in any material respect.’’. 
SEC. 6. CRIMINAL AND CIVIL PENALTIES. 
(a) ENFORCEMENT POWERS OF COMMISSION.—Sec-
tion 6(c) of the Commodity Exchange Act (7 U.S.C. 9, 
15) is amended in clause (3) of the tenth 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, 
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or attempt to manipulate, the price of any com-
modity, 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) MANIPULATIONS AND OTHER VIOLATIONS.—Sec-
tion 6(d) of the Commodity Exchange Act (7 U.S.C. 13b) 
is amended in the first sentence— 
(1) by striking ‘‘paragraph (a) or (b) of section 
9 of this Act’’ and inserting ‘‘subsection (a), (b), or 
(f) of section 9’’; and 
(2) by striking ‘‘said paragraph 9(a) or 9(b)’’ 
and inserting ‘‘subsection (a), (b), or (f) of section 
9’’. 
(c) NONENFORCEMENT OF RULES OF GOVERNMENT 
OR OTHER VIOLATIONS.—Section 6b of the Commodity 
Exchange Act (7 U.S.C. 13a) is amended— 
(1) in the first sentence, by inserting before the 
period at the end the following: ‘‘, or, in any case 
of manipulation of, or an attempt to manipulate, the 
price of any commodity, a civil penalty of not more 
than $1,000,000 for each such violation’’; and 
(2) in the second sentence, by inserting before 
the period at the end the following: ‘‘, except that 
if the failure or refusal to obey or comply with the 
order involved any offense under section 9(f), the 
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registered entity, director, officer, agent, or employee 
shall be guilty of a felony and, on conviction, shall 
be subject to penalties under section 9(f)’’. 
(d) ACTION TO ENJOIN OR RESTRAIN VIOLATIONS.— 
Section 6c(d) of the Commodity Exchange Act (7 U.S.C. 
13a–1(d)) is amended by striking ‘‘(d)’’ and all that fol-
lows through the end of 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 at-
tempt to manipulate, the price of any commodity, 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 violation.’’. 
(e) VIOLATIONS GENERALLY.—Section 9(a) of the 
Commodity Exchange Act (7 U.S.C. 13) is amended— 
(1) by striking ‘‘(or $500,000 in the case of a 
person who is an individual)’’; 
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(2) by striking ‘‘five years’’ and inserting ‘‘10 
years’’; and 
(3) in paragraph (2), by striking ‘‘false or mis-
leading or knowingly inaccurate reports’’ and insert-
ing ‘‘knowingly false, misleading, or inaccurate re-
ports’’. 
SEC. 7. CONFORMING AMENDMENTS. 
(a) Section 2 of the Commodity Exchange Act (7 
U.S.C. 2) is amended— 
(1) in subsection (d)(1), by striking ‘‘section 
5b’’ and inserting ‘‘section 5a(g), 5b,’’; 
(2) in subsection (e)(1), by inserting ‘‘(1)’’ after 
‘‘(g)’’; and 
(3) in subsection (i)— 
(A) in paragraph (1)— 
(i) by striking ‘‘No provision’’ and in-
serting ‘‘IN
GENERAL.—Subject to sub-
sections (g)(2) and (h)(7), no provision’’; 
and 
(ii) in subparagraph (A), by inserting 
‘‘(1)’’ after ‘‘2(g)’’; and 
(B) in paragraph (2), by striking ‘‘No pro-
vision’’ and inserting ‘‘IN GENERAL.—Subject 
to subsections (g)(2) and (h)(7), no provision’’. 
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(b) Section 4i of the Commodity Exchange Act (7 
U.S.C. 6i) is amended in the first sentence by inserting 
‘‘, or pursuant to an exemption under section 4(c)’’ after 
‘‘transaction execution facility’’. 
(c) Section 8a(9) of the Commodity Exchange Act (7 
U.S.C. 12a(9)) is amended— 
(1) by inserting ‘‘or an electronic energy trad-
ing facility’’ after ‘‘direct the contract market’’; 
(2) by inserting after ‘‘liquidation of any fu-
tures contract’’ the following: ‘‘or included energy 
transaction’’; and 
(3) by inserting ‘‘or an electronic energy trad-
ing facility’’ after ‘‘given by a contract market’’. 
Æ 
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