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.). 
(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 
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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— 
‘‘(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— 
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‘‘(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— 
‘‘(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.’’. 
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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, 
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 
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