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U.S. COMMODITY FUTURES TRADING COMMISSION

AMENDED CHARTER OF THE ENERGY AND ENVIRONMENTAL MARKETS 

ADVISORY COMMITTEE 

(1) Committee’s Official Designation. 

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

Advisory Committee (“EEMAC”). 

(2) Authority. 

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

Protection Act, Pub. L. 111-203, and subsequently codified in the Commodity Exchange 

Act, 7 U.S.C. §§ 1 et seq., at 7 U.S.C. § 2(a)(15). 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. 

(3) Objectives and Scope of Activities.

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

shall be to: 

(a) conduct public meetings; 

(b) submit reports and recommendations to the Commission (including dissenting or 

minority views, if any); and 

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

to exchanges, firms, end users, and regulators regarding energy and environmental 

markets and their regulation by the Commission. 

(4) 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. Reports and/or 

recommendations shall be developed in consultation with all EEMAC Members and any 

transmission to the Commission shall include dissenting or minority views, if any. No 

determination of fact or policy shall be made by the EEMAC on behalf of the 

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

response to the reports or recommendations of the EEMAC shall be made solely by the 

Commission. 

(5) Agency or Official to Whom the EEMAC Reports.

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

recommendations directly to the Commission. 

(6) 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 of EEMAC. 
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The Sponsor’s role for this non-FACA committee shall be, among other things, to: 

(a) approve all meeting agendas; 

(b) approve or call all EEMAC or subcommittee meetings; 

(c) attend all EEMAC or subcommittee meetings; 

(d) adjourn any meeting when s/he determines it to be in the public interest; 

(e) ensure that reports and recommendations made by the EEMAC are provided to the 

Commission (including dissenting or minority views, if any); 

(f) ensure that the Commission provides the necessary staff and other support for the 

EEMAC; 

(g) assist the Commission with identifying Members, Associate Members, and 

subcommittee members; and 

(h) otherwise assist the Commission with carrying out its responsibilities regarding the 

EEMAC. 

(7) Support.

The Commission shall provide necessary support, including staff support, for the EEMAC. 

(8) EEMAC Secretary. 

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

serve as the Secretary of the EEMAC. The Commission may appoint an additional 

Commission employee to serve as an Alternate Secretary for the EEMAC or any 

established subcommittees if necessary. The Sponsor may also request that the 

Commission remove the Secretary or Alternate Secretary. 

The Secretary and Alternate Secretary, if appointed, shall, among other things, assist the 

EEMAC and Sponsor in carrying out the day-to-day activities of the EEMAC, including 

to: 

(a) prepare meeting agendas; 

(b) assist with Member, Associate Member, and subcommittee member appointment and 

removal paperwork; 

(c) assist with scheduling and coordinating EEMAC and subcommittee meetings; 

(d) ensure that meetings are publicly noticed and meeting agendas are available for public 

inspection; 

(e) attend all EEMAC and subcommittee meetings; 

(f) record reports and recommendations made by the EEMAC to the Commission 

(including dissenting or minority views, if any); 

(g) record reports and recommendations (including dissenting or minority views, if any) 

made by the EEMAC subcommittees to the EEMAC; and 

(h) arrange for the preparation and maintenance of EEMAC records, including meeting 

transcripts. 

In the absence of the 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. In the absence of the Sponsor and the Secretary, 
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 an Alternate Secretary is authorized to call and adjourn any EEMAC and subcommittee 

meetings when the Alternate Secretary determines adjournment to be in the public 

interest. 

(9) Members. 

(a) Number. 

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

(b) Appointment and Removal.

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

by a vote of the Commission. 7 U.S.C. § 2(a)(15)(B)(ii). The Sponsor shall designate a 

Member of the EEMAC or EEMAC subcommittee to serve as the Chair absent the 

objection of a majority of the Commission. The Sponsor may also designate another 

Member to serve as a co-Chair absent the objection of the majority of the 

Commission. 

(c) Term. 

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

(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. Members may represent viewpoint categories, including, but 

not limited to: 

i. Exchanges: includes designated contract markets, swap execution facilities, 

and/or foreign boards of trade; 

ii. Derivatives clearing organizations; 

iii. Swap data repositories; 

iv. Firms: includes, but is not limited to: swap dealers, major swap participants, 

futures commission merchants, introducing brokers, commodity trading 

advisors, commodity pool operators, floor brokers, floor traders, and other 

service providers to market participants within the energy and 

environmental derivatives markets; 

v. End-users: includes, but is not limited to: energy producers, processors, 

transporters, manufacturers, merchandisers, purchasers, distributors, or other 

entities which use the energy and environmental markets to hedge; 

vi. Consumers: includes, but is not limited to: retail customers and public 

interest groups; 

vii. Regulators; and 

viii. Academics. 

With the assistance of the EEMAC Secretary or Alternate Secretary, the EEMAC 

Sponsor identifies EEMAC Member candidates through a variety of methods. Such 

methods may include public requests for nominations for membership; 

recommendations sought from existing advisory committee members; consultations 
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with knowledgeable persons outside the CFTC (industry, consumer groups, other 

state or Federal government agencies, academia, etc.); requests to be represented 

received from individuals and organizations; and Commissioners’ and CFTC staff’s 

professional knowledge of those experienced in the energy and environmental 

markets. 

Following the identification process, the Secretary or Alternate Secretary assists the 

EEMAC Sponsor with developing a list of proposed Members with the relevant 

points of view. The proposed Members are then submitted by the Secretary or 

Alternate Secretary to appropriate CFTC staff for review. Finally, the Secretary or 

Alternate Secretary with the support of Legal Division staff assists the EEMAC 

Sponsor with making membership recommendations to the Commission. The 

Commission, by vote, authorizes membership on the EEMAC. 

Each Member who is not a regular government employee shall serve on the EEMAC 

either as a special government employee (“SGE”) or a representative of an 

organization or identifiable group of persons under the jurisdiction of, or with 

interests affected by, Commission regulation. 

SGE Members provide advice to the Commission on the basis of their expertise and 

best, independent judgement in a manner free from conflicts of interest. The 

Commission shall not appoint any federally registered lobbyist to serve as an SGE on

the EEMAC. 

Representative Members 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. 

If there is any Member vacancy, the Commission will make a replacement 

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

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. 

(10) 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, two, or three-year terms. 
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(d) Selection.

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

opinions and a broad spectrum of interests, including hedgers and consumers. 

Associate Members may represent viewpoint categories, including, but not limited to:

i. Exchanges: includes designated contract markets, swap execution facilities, 

and/or foreign boards of trade; 

ii. Derivatives clearing organizations; 

iii. Swap data repositories; 

iv. Firms: includes, but is not limited to: swap dealers, major swap participants, 

futures commission merchants, introducing brokers, commodity trading 

advisors, commodity pool operators, floor brokers, floor traders, and other 

service providers to market participants within the energy and 

environmental derivatives markets; 

v. End-users: includes, but is not limited to: energy producers, processors, 

transporters, manufacturers, merchandisers, purchasers, distributors, or other 

entities which use the energy and environmental markets to hedge; 

vi. Consumers: includes, but is not limited to: retail customers and public 

interest groups; 

vii. Regulators; and 

viii. Academics. 

With the assistance of the EEMAC Secretary or Alternate Secretary, the EEMAC 

Sponsor identifies Associate Member candidates through a variety of methods. Such

methods may include public requests for nominations for membership; 

recommendations sought from existing advisory committee members; consultations 

with knowledgeable persons outside the CFTC (industry, consumer groups, other 

state or Federal government agencies, academia, etc.); requests to be represented 

received from individuals and organizations; and Commissioners’ and CFTC staff’s 

professional knowledge of those experienced in the energy and environmental 

markets. 

Following the identification process, the Secretary or Alternate Secretary assists the 

EEMAC Sponsor with developing a list of proposed Associate Members with the 

relevant points of view. The proposed Associate Members are then submitted by the 

Secretary or Alternate Secretary to appropriate CFTC staff for review. Finally, the 

Secretary or Alternate Secretary with the support of Legal Division staff assists the 

EEMAC Sponsor with making membership recommendations to the Commission. 

The Commission, by vote, authorizes Associate Members of the EEMAC. 

Each Associate Member who is not a regular government employee shall serve as 

either an SGE or a representative of an organization or identifiable group of persons 

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

SGE Associate Members provide advice to the Commission on the basis of their 

expertise and best, independent judgment in a manner free from conflicts of interest. 
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The Commission shall not appoint any federally-registered lobbyist to serve as an 

SGE Associate Member of the EEMAC. 

Representative Associate Members will serve on the EEMAC primarily to convey to 

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

If there is an Associate Member vacancy, the Commission may make a replacement 

appointment. The Commission shall use the same procedures and with the same 

considerations as set forth above for other Associate Member appointments. 

(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 reports 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 reports or recommendations 

made by the EEMAC to the Commission. 

(11) Subcommittees. 

(a) Establishment. 

The Commission may establish and dissolve subcommittees composed of Members, 

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

subcommittee members to support the work of the EEMAC. The number of 

individuals on any EEMAC subcommittee will not exceed the total number of 

Members and Associate Members. 

(b) Membership. 

EEMAC subcommittee membership shall be selected, appointed, and removed in the 

same manner as Associate Members. Current EEMAC Members and Associate 

Members may, with the Sponsor’s approval, serve on any EEMAC subcommittee 

without reappointment to a subcommittee. EEMAC subcommittee members shall be 

subject to the same restrictions and limitations that apply to Associate Members set 

forth above (i.e., 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 its reports and/or 

recommendations, transmit reports to the EEMAC, and make recommendations to the 

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

all membership 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 of the EEMAC. No determination of fact 

or policy shall be made by any EEMAC subcommittee on behalf of the Commission. 

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

EEMAC and may not sign or otherwise formally approve reports and/or 

recommendations made by EEMAC to the Commission. 

(12) Estimated Number and Frequency ofMeetings. 

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. 

(13) Notice for Public Meetings. 

The Commission shall provide public notice of each EEMAC meeting at least 14 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. 

(14) Recordkeeping. 

Records of the EEMAC and any subcommittees are maintained in accordance with the 

General Records Schedule and other Commission records guidance. 

Dated: August 24, 2021 

Washington, D. C. 

Christopher J. K1rkpatrick 

Secretary of the Commission 

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