COMMODITY FUTURES TRADING COMMISSION 

CHARTER OF THE ENERGY AND ENVIRONMENTAL MARKETS 

ADVISORY COMMITTEE 

I. Committee's Official Designation. 

The advisory committee's official designation is the Energy and Environmental Markets 

Advisory Committee ("EEMAC"). 

II. Authority. 

The EEMAC was established by the Dodd-Frank Wall Street Reform and Consumer 

Protection Act, Pub. L. 111-203, and subsequently codified in 7 U.S.C. § 2(a)(15) of the 

Commodity Exchange Act, 7 U.S.C. § 1 et seq. Pursuant to 7 U.S.C. § 2(a)(15)(E), the 

EEMAC is not subject to the Federal Advisory Committee Act, 5 U.S.C. App. II. 

III. Objectives and Scope of Activities. 

As set fmih in 7 U.S.C. § 2(a)(15)(A)(iii), the EEMAC's objectives and scope of 

activities shall be to: 

(1) conduct public meetings; 

(2) submit reports and recommendations to the Commission (including dissenting 

or minority views, if any); and 

(3) otherwise serve as a vehicle for discussion and communication on matters of 

concern to exchanges, trading firms, end users, energy producers, and regulators 

regarding energy and environmental markets and their regulation by the Commission. 

IV. Description of Duties. 

The duties of the EEMAC shall be solely advisory. The EEMAC may, by simple 

majority vote, call for reports and/or recommendations by the EEMAC or EEMAC 

subcommittee(s), adopt reports and/or recommendations, transmit reports to the 

Commission, and make recommendations to the Commission. Repmis and/or 

recommendations shall be developed in consultation with all members ofthe EEMAC 

and any transmission to the Commission shall include dissenting or minority views, if 

any. No determination of fact or policy shall be made by EEMAC on behalf ofthe 

Commission. Detenninations of actions to be taken and policy to be expressed in 

response to the repo1is or recommendations ofthe EEMAC shall be made solely by the 

Commission. 

V. Support. 

The Commission shall provide necessary support, including staff suppmi, for the 

EEMAC. 

VI. Agency or Official to Whom the EEMAC Reports. 

As set fmih in 7 U.S.C. § 2(a)(15)(A)(iii), the EEMAC shall provide its repo1is and 

recommendations directly to the Commission. 

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VII. 	 EEMAC Sponsor. 


The EEMAC shall have a "Sponsor," who may be the Chairman of the Commission, a 


Commissioner, or a designee of the Commission. The Commission shall appoint and 


remove the Sponsor ofEEMAC. 


The Sponsor's role for this non-FACA committee shall be, among other things, to: (1) 

approve all meeting agendas; (2) approve or call all EEMAC or subcommittee meetings; 

(3) attend all EEMAC or subcommittee meetings; ( 4) adjourn any meeting when he or 

she determines it to be in the public interest; (5) ensure that repmis and recommendations 

made by the EEMAC are provided to the Commission (including dissenting or minority 

views, if any); (6) ensure that the Commission provides the necessary staff and other 

suppmi for the EEMAC; (7) assist the Commission with identifying Members, Associate 

Members, and subcommittee members; and (8) otherwise assist the Commission with 

carrying out its responsibilities regarding the EEMAC. 

VIII. 	 EEMAC Secretary. 

At the request ofthe Sponsor, the Commission shall appoint a Commission employee to 

serve as the Secretary of the EEMAC. The Sponsor may also request that the 

Commission remove the Secretary. 

The Secretary shall, among other things, assist the EEMAC and Sponsor in caiTying out 

the day-to-day activities of the EEMAC, including: (1) preparing meeting agendas; (2) 

assisting with Member, Associate Member, and subcommittee member appointment and 

removal paperwork; (3) assisting with scheduling and coordinating EEMAC and 

subcommittee meetings; (4) ensuring meetings are publically noticed and meeting 

agendas are available for public inspection; (5) attending all EEMAC and subcommittee 

meetings; (6) recording repmis and recommendations made by the EEMAC to the 

Commission (including dissenting or minority views, if any); (7) recording reports and 

recommendations (including dissenting or minority views, if any) made by the EEMAC 

subcommittees to the EEMAC; and (8) arranging for the preparation and maintenance of 

EEMAC records, including meeting transcripts. 

In the absence ofthe Sponsor, the Secretary is authorized to call EEMAC and 

subcommittee meetings and adjourn any meeting when the Secretary determines 

adjournment to be in the public interest. 

IX. Members. 

(a) Number. 


As set forth in 7 U.S.C. § 2(a)(15)(A)(ii), the EEMAC shall have nine (9) Members. 


(b) Appointment and Removal. 


Members shall be appointed by the Commission. Members may be removed by the 


Commission for cause. 7 U.S.C. § 2(a)(15)(B)(ii). 


(c) Term. 


Members shall be appointed to three (3)-year terms. 7 U.S.C. § 2(a)(15)(B)(ii). 


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(d) Selection and Vacancies. 


As set forth in 7 U.S.C. § 2(a)(15)(C), the Commission shall appoint Members that 


represent a wide diversity of opinions and a broad spectrum of interests, including 


hedgers and consumers. 


The Commission shall identify organizations and individuals to be represented on the 

EEMAC based on Commissioners' and Commission staff professional knowledge ofthe 

energy and environmental markets, consultation with knowledgeable persons outside the 

CFTC, and requests to be represented received from individuals and organizations. The 

Sponsor plays a primary, but not exclusive, role in this process, and makes 

recommendations regarding membership to the Commission. 

Members may be representatives of an organization or identifiable group of persons 

under the jurisdiction of, or with interests affected by, Commission regulation; special 

government employees (SGEs); or regular government employees. Representative 

Members will serve on the EEMAC primarily to convey to the Commission and to the 

EEMAC the views and interests of the organizations or groups that they represent. The 

Commission shall not appoint any federally registered lobbyists to serve as SGEs on the 

EEMAC. 

Ifthere is any membership vacancy, the Commission will make a replacement 

appointment, using the same procedures and with the same considerations as set fotih 

above for other Member appointments. 

(e) Travel Expenses Reimbursement and Per Diem. 


Each Member shall be entitled to per diem and travel expense reimbursement by the 


Commission, pursuant to 7 U.S.C. § 2(a)(l5)(D), unless a Member chooses to waive his 


or her right to receive per diem and travel expenses reimbursement. 


X. Associate Members. 

(a) Number. 


The EEMAC shall have approximately 9-20 Associate Members. 


(b) Appointment and Removal. 


The Commission may appoint or remove Associate Members at any time. 


(c) Term. 


Associate Members may be appointed to one (1), two (2), or three (3) year terms. 


(d) Selection. 


The Commission shall appoint Associate Members that represent a wide diversity of 


opinions and a broad spectrum ofinterests. 


The Commission shall identify organizations and individuals to serve as Associate 

Members based on Commissioners' and Commission staff professional knowledge ofthe 

energy and environmental markets, consultation with knowledgeable persons outside the 

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CFTC, and requests to be Associate Members received from individuals and 

organizations. 

The Sponsor plays a primary, but not exclusive, role in this process, and makes 

recommendations regarding Associate Members to the Commission. 

Associate Members may be appointed as representatives, special goverrunent employees, 

or regular government employees. The Commission shall not appoint any Associate 

Members as SGEs ifthey are federally registered lobbyists. 

(e) Travel Expenses Reimbursement and Per Diem 

Associate members will not be compensated by the Commission for their services and 

will not be reimbursed or receive per diem from the Commission for travel-related 

expenses to attend EEMAC meetings 

(f) Reporting. 

Associate Members shall provide their rep01is and recommendations directly to the 

EEMAC and not the Commission, Commissioners, Commission staff, or other Federal 

employees. Associate Members shall not have the right to vote on matters before the 

EEMAC and may not sign or otherwise formally approve rep01is or recommendations 

made by the EEMAC to the Commission. 

XI. Subcommittees. 

(a) Establishment. 


The Commission may establish and dissolve subcommittees composed ofMembers, 


Associate Members, and/or other persons appointed by the Commission as subcommittee 


members to support the work ofthe EEMAC. 


(b) Membership. 


EEMAC subcommittee members shall be selected, appointed, and removed in the same 


manner as Associate Members. EEMAC subcommittee members shall be subject to the 


same restrictions and limitations that apply to Associate Members set forth above (i.e., 


appointment and removal, term, selection, and travel expenses reimbursement and per 


diem). 


(c) Reporting. 


EEMAC Subcommittees shall report directly to the EEMAC and not to the Commission, 


Commissioners, Commission staff, or other Federal employees. An EEMAC 


subcommittee may, by simple majority vote, adopt rep01is and/or recommendations of 


the EEMAC subcommittee, transmit rep01is to the EEMAC, and make recommendations 


to the EEMAC. Reports and/or recommendations shall be developed in consultation with 


all members of the EEMAC subcommittee and any transmission to the EEMAC shall 


include dissenting or minority views, if any. EEMAC subcommittees shall have no 


authority to make decisions on behalf ofthe EEMAC. No determination of fact or policy 


shall be made by any EEMAC subcommittee on behalf ofthe Commission. EEMAC 


subcommittee members shall not have the right to vote on matters before the EEMAC 


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and may not sign or otherwise formally approve rep01is and/or recommendations made 

by EEMAC to the Commission. 

XII. 	 Estimated Number and Frequency of Meetings. 

The EEMAC shall meet at such intervals as are necessary to carry out its functions, but as 

required by 7 U.S.C. § 2(a)(l5)(B)(i), shall not meet less frequently than two times per 

year. 

XIII. 	 Notice for Public Meetings. 

The Commission shall provide public notice of each EEMAC meeting at least fourteen 

calendar days in advance of the meeting through either a Federal Register notice and/or 

by announcing the meeting on the Commission's website. The meeting notice will 

include the time, date, and purpose of the meeting; a summary of the agenda and/or 

topics to be discussed, and the name of a Commission employee who can be contacted 

with questions about the meeting. 

XIV. 	 Recordkeeping. 

Records of the EEMAC and any subcommittees will be maintained by the Secretary of 

the EEMAC in accordance with the Commission's records disposition schedule number 

307. 

Christopher I. Kirkpatrick 

Secretary of the Commission 

Dated: May 20, 2016 

Washington, D. C. 

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