To strike the provision relating to deployment of new nuclear power plants.

TEXT OF AMENDMENTS

SA 871. Ms. LANDRIEU (for herself, Mr. Specter, Mr. Bingaman, Ms.
Collins, Mr. Alexander, and Mr. Bunning) proposed an amendment to the
bill S. 14, to enhance the energy security of the United States, and
for other purposes; as follows:

On page 238, between lines 2 and 3, insert the following:

Subtitle E--Measures to Conserve Petroleum

SEC. ____. REDUCTION OF DEPENDENCE ON IMPORTED PETROLEUM.

(a) Report.--
(1) In general.--Not later than February 1, 2004, and
annually thereafter, the President shall submit to Congress a
report, based on the most recent edition of the Annual Energy
Outlook published by the Energy Information Administration,
assessing the progress made by the United States toward the
goal of reducing dependence on imported petroleum sources by
2013.
(2) Contents.--The report under subsection (a) shall--
(A) include a description of the implementation, during the
previous fiscal year, of provisions under this Act relating
to domestic crude petroleum production;
(B) assess the effectiveness of those provisions in meeting
the goal described in paragraph (1); and
(C) describe the progress in developing and implementing
measures under subsection (b).

[[Page S7645]]

(b) Measures To Reduce Import Dependence Through Increased
Domestic Petroleum Conservation.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the President shall develop and
implement measures to conserve petroleum in end-uses
throughout the economy of the United States sufficient to
reduce total demand for petroleum in the United States by
1,000,000 barrels per day from the amount projected for
calendar year 2013 in the reference case contained in the
report of the Energy Information Administration entitled
``Annual Energy Outlook 2003''.
(2) Contents.--The measures under paragraph (1) shall be
designed to ensure continued reliable and affordable energy
for consumers.
(3) Implementation.--The measures under paragraph (1) shall
be implemented under existing authorities of appropriate
Federal executive agencies identified by the President.
______

SA 872. Mr. JEFFORDS submitted an amendment intended to be proposed
by him to the bill S. 14, to enhance the energy security of the United
States, and for other purposes; which was ordered to lie on the table;
as follows:

On page 165 after line 14 insert:
(d) License Terms.--Section 6 and section 101(i) of the
Federal Power Act (16 U.S.C. 799 and 803(i) are each amended
by striking ``fifty'' and inserting ``thirty'' and section
15(e) of such Act is amended by striking ``not less than 30
years, nor more than 50'' and inserting ``not more than 15.''
______

SA 873. Mr. JEFFORDS submitted an amendment intended to be proposed
by him to the bill S. 14, to enhance the energy security of the United
States, and for other purposes; which was ordered to lie on the table;
as follows:

On page 165 after line 14 insert:
(d) Annual Licenses.--Section 15(a)(1) of the Federal Power
Act (16 U.S.C. 808(a)(1) is amended by adding the following
at the end thereof: ``Annual licenses shall contain such
terms and conditions appropriate for the duration of the
annual license which are identified by the Secretary of the
Interior and the Secretary of Agriculture as necessary for
the protection and utilization of the reservation within
which the project is located; by the Secretary of the
Interior and the Secretary of Commerce for the protection and
enhancement of fish and wildlife, including related spawning
grounds and habitat; and by the Governor of the State in
which the project is located for compliance with water
quality standards and other legal requirements for beneficial
uses of affected waters. The terms of any new license for a
project shall be reduced by one year for each annual license
issued for such project.''
______

SA 874. Mr. JEFFORDS submitted an amendment intended to be proposed
by him to the bill S. 14, to enhance the energy security of the United
States, and for other purposes; which was ordered to lie on the table;
as follows:

On page 17, strike line 11 and all that follows through
line 17 and insert:
``(f) Effect on Existing Law.--
``(1) Nothing in this section shall relieve the Secretary
of any obligation to conduct environmental or other reviews
or take any other actions required of the Secretary as of the
date of enactment of this section for activities on tribal
lands pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 2901 et seq.); the Clean Air Act (42 U.S.C.
7401 et seq.); the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.); the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.); the Endangered Species Act (16 U.S.C. 1531 et
seq.); or any other Federal law for the protection of the
environment or environmental quality.
``(2) Nothing in this section affects the application of --
``(A) the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1201 et seq.);
``(B) the Atomic Energy Act of 1954 (42 U.S.C. 2011) or any
Federal law respecting nuclear or radioactive waste or mining
of radioactive materials; or
``(C) except as otherwise provided in this title, the
Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et
seq.).''
______

SA 875. Mr. WYDEN (for himself, Mr. Sununu, Mr. Bingaman, Mr. Ensign,
Mr. Reid, Mr. Feingold, Mr. Jeffords, and Ms. Snowe) proposed an
amendment to the bill S. 14, to enhance the energy security of the
United States, and for other purposes; as follows:

Strike subtitle B of title IV.
______

SA 876. Mrs. FEINSTEIN (for herself, Mr. Fitzgerald, Mr. Harkin, Mr.
Lugar, Ms. Cantwell, Mr. Wyden, Mrs. Boxer, and Mr. Leahy) proposed an
amendment to the bill S. 14, to enhance the energy security of the
United States, and for other purposes; as follows:

At the end, add the following:

TITLE ____--ENERGY MARKET OVERSIGHT

SEC. ____01. JURISDICTION OF THE FEDERAL ENERGY REGULATORY
COMMISSION OVER ENERGY TRADING MARKETS.

Section 402 of the Department of Energy Organization Act
(42 U.S.C. 7172) is amended by adding at the end the
following:
``(i) Jurisdiction.--
``(1) Referral.--
``(A) In general.--To the extent that the Commission
determines that any contract that comes before the Commission
is not under the jurisdiction of the Commission, the
Commission shall refer the contract to the appropriate
Federal agency.
``(B) No effect on authority.--The authority of the
Commission or any Federal agency shall not be limited or
otherwise affected based on whether the Commission has or has
not referred a contract described in subparagraph (A).
``(2) Meetings.--A designee of the Commission shall meet
quarterly with a designee of the Commodity Futures Trading
Commission, the Securities Exchange Commission, the Federal
Trade Commission, the Department of Justice, the Department
of the Treasury, and the Federal Reserve Board to discuss--
``(A) conditions and events in energy trading markets; and
``(B) any changes in Federal law (including regulations)
that may be appropriate to regulate energy trading markets.
``(3) Liaison.--The Commission shall, in cooperation with
the Commodity Futures Trading Commission, maintain a liaison
between the Commission and the Commodity Futures Trading
Commission.''.

SEC. ____02. INVESTIGATIONS BY THE FEDERAL ENERGY REGULATORY
COMMISSION UNDER THE NATURAL GAS ACT AND
FEDERAL POWER ACT.

(a) Investigations Under the Natural Gas Act.--Section
14(c) of the Natural Gas Act (15 U.S.C. 717m(c)) is amended--
(1) by striking ``(c) For the purpose of'' and inserting
the following:
``(c) Taking of Evidence.--
``(1) In general.--For the purpose of'';
(2) by striking ``Such attendance'' and inserting the
following:
``(2) No geographic limitation.--The attendance'';
(3) by striking ``Witnesses summoned'' and inserting the
following:
``(3) Expenses.--Any witness summoned''; and
(4) by adding at the end the following:
``(4) Authorities.--The exercise of the authorities of the
Commission under this subsection shall not be subject to the
consent of the Office of Management and Budget.''.
(b) Investigations Under the Federal Power Act.--Section
307(b) of the Federal Power Act (16 U.S.C. 825f(b)) is
amended--
(1) by striking ``(b) For the purpose of'' and inserting
the following:
``(b) Taking of Evidence.--
``(1) In general.--For the purpose of'';
(2) by striking ``Such attendance'' and inserting the
following:
``(2) No geographic limitation.--The attendance'';
(3) by striking ``Witnesses summoned'' and inserting the
following:
``(3) Expenses.--Any witness summoned''; and
(4) by adding at the end the following:
``(4) Authorities.--The exercise of the authorities of the
Commission under this subsection shall not be subject to the
consent of the Office of Management and Budget.''.

SEC. ____03. CONSULTING SERVICES.

Title IV of the Department of Energy Organization Act (42
U.S.C. 7171 et seq.) is amended by adding at the end the
following:

``SEC. 408. CONSULTING SERVICES.

``(a) In General.--The Chairman may contract for the
services of consultants to assist the Commission in carrying
out any responsibilities of the Commission under this Act,
the Federal Power Act (16 U.S.C. 791a et seq.), or the
Natural Gas Act (15 U.S.C. 717 et seq.).
``(b) Applicable Law.--In contracting for consultant
services under subsection (a), if the Chairman determines
that the contract is in the public interest, the Chairman, in
entering into a contract, shall not be subject to--
``(1) section 5, 253, 253a, or 253b of title 41, United
States Code; or
``(2) any law (including a regulation) relating to
conflicts of interest.''.

SEC. ____04. LEGAL CERTAINTY FOR TRANSACTIONS IN EXEMPT
COMMODITIES.

Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is
amended by striking subsections (g) and (h) and inserting the
following:
``(g) Off-Exchange Transactions in Exempt Commodities.--
``(1) Definitions.--In this subsection:
``(A) Covered entity.--The term `covered entity' means--
``(i) an electronic trading facility; and
``(ii) a dealer market.
``(B) Dealer market.--
``(i) In general.--The term `dealer market' has the meaning
given the term by the Commission.
``(ii) Inclusions.--The term `dealer market' includes each
bilateral or multilateral agreement, contract, or transaction
determined by the Commission, regardless of the means of
execution of the agreement, contract, or transaction.
``(2) Exemption for transactions not on trading
facilities.--Except as provided in paragraph (4), nothing in
this Act shall apply to an agreement, contract, or
transaction in an exempt commodity that--
``(A) is entered into solely between persons that are
eligible contract participants at the

[[Page S7646]]

time the persons enter into the agreement, contract, or
transaction; and
``(B) is not entered into on a trading facility.
``(3) Exemption for transactions on covered entities.--
Except as provided in paragraphs (4), (5), and (7), nothing
in this Act shall apply to an agreement, contract, or
transaction in an exempt commodity that is--
``(A) entered into on a principal-to-principal basis solely
between persons that are eligible contract participants at
the time at which the persons enter into the agreement,
contract, or transaction; and
``(B) executed or traded on a covered entity.
``(4) Regulatory and oversight requirements.--
``(A) In general.--An agreement, contract, or transaction
described in paragraph (2) or (3) (and the covered entity on
which the agreement, contract, or transaction is executed)
shall be subject to--
``(i) sections 5b, 12(e)(2)(B), and 22(a)(4);
``(ii) the provisions relating to manipulation and
misleading transactions under sections 4b, 4c(a), 4c(b), 4o,
6(c), 6(d), 6c, 6d, 8a, and 9(a)(2); and
``(iii) the provisions relating to fraud and misleading
transactions under sections 4b, 4c(a), 4c(b), 4o, and 8a.
``(B) Transactions exempted by commission action.--
Notwithstanding any exemption by the Commission under section
4(c), an agreement, contract, or transaction described in
paragraph (2) or (3) shall be subject to the authorities in
clauses (i), (ii), and (iii) of subparagraph (A).
``(5) Covered entities.--An agreement, contract, or
transaction described in paragraph (3) and the covered entity
on which the agreement, contract, or transaction is executed,
shall be subject to (to the extent the Commission determines
appropriate)--
``(A) section 5a, to the extent provided in section 5a(g))
and 5d;
``(B) consistent with section 4i, a requirement that books
and records relating to the business of the covered entity on
which the agreement, contract, or transaction is executed be
made available to representatives of the Commission and the
Department of Justice for inspection for a period of at least
5 years after the date of each transaction, including--
``(i) information relating to data entry and transaction
details sufficient to enable the Commission to reconstruct
trading activity on the covered entity; and
``(ii) the name and address of each participant on the
covered entity authorized to enter into transactions; and
``(C) in the case of a transaction or covered entity
performing a significant price discovery function for
transactions in the cash market for the underlying commodity,
subject to paragraph (6), the requirements (to the extent the
Commission determines appropriate by regulation) that--
``(i) information on trading volume, settlement price, open
interest, and opening and closing ranges be made available to
the public on a daily basis;
``(ii) notice be provided to the Commission in such form as
the Commission may require;
``(iii) reports be filed with the Commission (such as large
trader position reports); and
``(iv) consistent with section 4i, books and records be
maintained relating to each transaction in such form as the
Commission may require for a period of at least 5 years after
the date of the transaction.
``(6) Proprietary information.--In carrying out paragraph
(5)(C), the Commission shall not--
``(A) require the real-time publication of proprietary
information;
``(B) prohibit the commercial sale or licensing of real-
time proprietary information; and
``(C) publicly disclose information regarding market
positions, business transactions, trade secrets, or names of
customers, except as provided in section 8.
``(7) Notification, disclosures, and other requirements for
covered entities.--A covered entity subject to the exemption
under paragraph (3) shall (to the extent the Commission
determines appropriate)--
``(A) notify the Commission of the intention of the covered
entity to operate as a covered entity subject to the
exemption under paragraph (3), which notice shall include--
``(i) the name and address of the covered entity and a
person designated to receive communications from the
Commission;
``(ii) the commodity categories that the covered entity
intends to list or otherwise make available for trading on
the covered entity in reliance on the exemption under
paragraph (3);
``(iii) certifications that--

``(I) no executive officer or member of the governing board
of, or any holder of a 10 percent or greater equity interest
in, the covered entity is a person described in any of
subparagraphs (A) through (H) of section 8a(2);
``(II) the covered entity will comply with the conditions
for exemption under this subsection; and
``(III) the covered entity will notify the Commission of
any material change in the information previously provided by
the covered entity to the Commission under this paragraph;
and

``(iv) the identity of any derivatives clearing
organization to which the covered entity transmits or intends
to transmit transaction data for the purpose of facilitating
the clearance and settlement of transactions conducted on the
covered entity subject to the exemption under paragraph (3);
``(B)(i) provide the Commission with access to the trading
protocols of the covered entity and electronic access to the
covered entity with respect to transactions conducted in
reliance on the exemption under paragraph (3); and
``(ii) on special call by the Commission, provide to the
Commission, in a form and manner and within the period
specified in the special call, such information relating to
the business of the covered entity as a covered entity exempt
under paragraph (3), including information relating to data
entry and transaction details with respect to transactions
entered into in reliance on the exemption under paragraph
(3), as the Commission may determine appropriate--
``(I) to enforce the provisions specified in paragraph (4);
``(II) to evaluate a systemic market event; or
``(III) to obtain information requested by a Federal
financial regulatory authority to enable the authority to
fulfill the regulatory or supervisory responsibilities of the
authority;
``(C)(i) on receipt of any subpoena issued by or on behalf
of the Commission to any foreign person that the Commission
believes is conducting or has conducted transactions in
reliance on the exemption under paragraph (3) on or through
the covered entity relating to the transactions, promptly
notify the foreign person of, and transmit to the foreign
person, the subpoena in a manner that is reasonable under the
circumstances, or as specified by the Commission; and
``(ii) if the Commission has reason to believe that a
person has not timely complied with a subpoena issued by or
on behalf of the Commission under clause (i), and the
Commission in writing directs that a covered entity relying
on the exemption under paragraph (3) deny or limit further
transactions by the person, deny that person further trading
access to the covered entity or, as applicable, limit that
access of the person to the covered entity for liquidation
trading only;
``(D) comply with the requirements of this subsection
applicable to the covered entity and require that each
participant, as a condition of trading on the covered entity
in reliance on the exemption under paragraph (3), agree to
comply with all applicable law;
``(E) certify to the Commission that the covered entity has
a reasonable basis for believing that participants authorized
to conduct transactions on the covered entity in reliance on
the exemption under paragraph (3) are eligible contract
participants;
``(F) maintain sufficient capital, commensurate with the
risk associated with transactions conducted on the covered
entity; and
``(G) not represent to any person that the covered entity
is registered with, or designated, recognized, licensed, or
approved by the Commission.
``(8) Hearing.--A person named in a subpoena referred to in
paragraph (7)(C) that believes the person is or may be
adversely affected or aggrieved by action taken by the
Commission under this subsection, shall have the opportunity
for a prompt hearing after the Commission acts under
procedures that the Commission shall establish by rule,
regulation, or order.
``(9) Private regulatory organizations.--
``(A) Delegation of functions under core principles.--A
covered entity may comply with any core principle under
subparagraph (B) that is applicable to the covered entity
through delegation of any relevant function to--
``(i) a registered futures association under section 17; or
``(ii) another registered entity.
``(B) Core principles.--The Commission may establish core
principles requiring a covered entity to monitor trading to--
``(i) prevent fraud and manipulation;
``(ii) prevent price distortion and disruptions of the
delivery or cash settlement process;
``(iii) ensure that the covered entity has adequate
financial, operational, and managerial resources to discharge
the responsibilities of the covered entity; and
``(iv) ensure that all reporting, recordkeeping, notice,
and registration requirements under this subsection are
discharged in a timely manner.
``(C) Responsibility.--A covered entity that delegates a
function under subparagraph (A) shall remain responsible for
carrying out the function.
``(D) Noncompliance.--If a covered entity that delegates a
function under subparagraph (A) becomes aware that a
delegated function is not being performed as required under
this Act, the covered entity shall promptly take action to
address the noncompliance.
``(E) Violation of core principles.--
``(i) In general.--If the Commission determines, on the
basis of substantial evidence, that a covered entity is
violating any applicable core principle specified in
subparagraph (B), the Commission shall--

``(I) notify the covered entity in writing of the
determination; and
``(II) afford the covered entity an opportunity to make
appropriate changes to bring the covered entity into
compliance with the core principles.

``(ii) Failure to make changes.--If, not later than 30 days
after receiving a notification under clause (i)(I), a covered
entity fails to make changes that, as determined by the
Commission, are necessary to comply with the core principles,
the Commission may

[[Page S7647]]

take further action in accordance with this Act.
``(F) Reservation of emergency authority.--Nothing in this
paragraph limits or affects the emergency powers of the
Commission provided under section 8a(9).
``(10) No effect on other authority.--This subsection shall
not affect the authority of the Federal Energy Regulatory
Commission under the Federal Power Act (16 U.S.C. 791a et
seq.) or the Natural Gas Act (15 U.S.C 717 et seq.).''.

SEC. ____05. 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) Prohibition.--It shall be unlawful for any person,
directly or indirectly, in or in connection with any account,
or any offer to enter into, the entry into, or the
confirmation of the execution of, any agreement, contract, or
transaction subject to this Act--
``(1) to cheat or defraud or attempt to cheat or defraud
any person (but this paragraph does not impose on parties to
transactions executed on or subject to the rules of
designated contract markets or registered derivative
transaction execution facilities a legal duty to provide
counterparties or any other market participants with any
material market information);
``(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 for any person any false record (but this
paragraph does not impose on parties to transactions executed
on or subject to the rules of designated contract markets or
registered derivative transaction execution facilities a
legal duty to provide counterparties or any other market
participants with any material market information);
``(3) willfully to deceive or attempt to deceive any person
by any means whatsoever (but this paragraph does not impose
on parties to transactions executed on or subject to the
rules of designated contract markets or registered derivative
transaction execution facilities a legal duty to provide
counterparties or any other market participants with any
material market information); or
``(4) except as permitted in written rules of a board of
trade designated as a contract market or derivatives
transaction execution facility on which the agreement,
contract, or transaction is traded and executed--
``(A) to bucket an order;
``(B) to fill an order by offset against 1 or more orders
of another person; or
``(C) willfully and knowingly, for or on behalf of any
other person and without the prior consent of the person, to
become--
``(i) the buyer with respect to any selling order of the
person; or
``(ii) the seller with respect to any buying order of the
person.''.

SEC. ____06. FERC LIAISON.

Section 2(a)(9) of the Commodity Exchange Act (7 U.S.C.
2(a)(9)) is amended by adding at the end the following:
``(C) Liaison with federal energy regulatory commission.--
The Commission shall, in cooperation with the Federal Energy
Regulatory Commission, maintain a liaison between the
Commission and the Federal Energy Regulatory Commission.''.

SEC. ____07. CRIMINAL AND CIVIL PENALTIES.

(a) Enforcement Powers of Commission.--Section 6(c) of the
Commodity Exchange Act (7 U.S.C. 9, 15) is amended in
paragraph (3) of the tenth sentence--
(1) by inserting ``(A)'' after ``assess such person''; 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 commodity, 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.--Section 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--
(A) by inserting ``section 2(g)(9),'' after ``sections 5
through 5c,''; and
(B) 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 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 follows through the end of
paragraph (1) and inserting the following:
``(d) Civil Penalties.--In any action brought under this
section, the Commission may seek and the court shall have
jurisdiction to impose, on a proper showing, on any person
found in the action to have committed any violation--
``(1) 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
``(2) in any case of manipulation of, or an attempt 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 of the Commodity
Exchange Act (7 U.S.C. 13) is amended--
(1) by redesignating subsection (f) as subsection (e); and
(2) by adding at the end the following:
``(f) Price Manipulation.--It shall be a felony punishable
by a fine of not more than $1,000,000 for each violation or
imprisonment for not more than 10 years, or both, together
with the costs of prosecution, for any person--
``(1) to manipulate or attempt to manipulate the price of
any commodity in interstate commerce, or for future delivery
on or subject to the rules of any registered entity;
``(2) to corner or attempt to corner any such commodity;
``(3) knowingly to deliver or cause to be delivered (for
transmission through the mails or interstate commerce by
telegraph, telephone, wireless, or other means of
communication) false or misleading or knowingly inaccurate
reports concerning market information or conditions that
affect or tend to affect the price of any commodity in
interstate commerce; or
``(4) knowingly to violate section 4 or 4b, any of
subsections (a) through (e) of subsection 4c, or section 4h,
4o(1), or 19.''.

SEC. ____08. 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)--
(A) in paragraph (1), by striking ``, 2(g), or 2(h)(3)'';
and
(B) in paragraph (3), by striking ``2(h)(5)'' and inserting
``2(g)(7)'';
(3) by redesignating subsection (i) as subsection (h); and
(4) in subsection (h) (as redesignated by subparagraph
(C))--
(A) in paragraph (1)--
(i) by striking ``No provision'' and inserting ``In
general.--Subject to subsection (g), no provision''; and
(ii) in subparagraph (A)--

(I) by striking ``section 2(c), 2(d), 2(e), 2(f), or 2(g)
of this Act'' and inserting ``subsection (c), (d), (e), or
(f)''; and
(II) by striking ``section 2(h)'' and inserting
``subsection (g)''; and

(B) in paragraph (2), by striking ``No provision'' and
inserting ``In general.--Subject to subsection (g), no
provision''.
(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 covered entity under section 2(g)''
after ``direct the contract market'';
(2) by striking ``on any futures contract''; and
(3) by inserting ``or covered entity under section 2(g)''
after ``given by a contract market''.
______

SA 877. Mr. REID proposed an amendment to amendment SA 876 proposed
by Mrs. Feinstein (for herself, Mr. Fitzgerald, Mr. Harkin, Mr. Lugar,
Ms. Cantwell, Mr. Wyden, Mrs. Boxer, and Mr. Leahy) to the bill S. 14,
to enhance the energy security of the United States, and for other
purposes; as follows:

On page 17 after line 25.
``(10) Applicability.--This subsection does not apply to
any agreement, contract, or transaction in metals.''

____________________