when and how such information shall 
be provided and maintained by eligible 
contract participants and eligible com-
mercial entities. 
‘‘(IV) PRICE DISCOVERY TRANS-
ACTIONS.— 
‘‘(aa) 
IN
GENERAL.—In 
specifying the information to be 
provided under this paragraph, 
the Commission shall identify the 
transactions or class of trans-
actions that the Commission con-
siders to perform a significant 
price discovery function. 
‘‘(bb) CONSIDERATIONS.—In 
determining which included en-
ergy transactions perform a sig-
nificant price discovery function, 
the Commission shall consider 
the extent to which— 
‘‘(AA) 
standardized 
agreements are used to exe-
cute the transactions; 
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‘‘(BB) the transactions 
involve standardized types or 
measures of a commodity; 
‘‘(CC) the prices of the 
transactions are reported to 
third parties, published, or 
disseminated; 
‘‘(DD) the prices of the 
transactions are referenced 
in other transactions; and 
‘‘(EE) 
other 
factors 
considered appropriate by 
the Commission. 
‘‘(V) PERSONS FILING.— 
‘‘(aa) IN
GENERAL.—The 
Commission, in its discretion, 
may allow large trader position 
reports required to be provided 
by an eligible commercial entity 
to be provided by an electronic 
energy trading facility if the eli-
gible commercial entity author-
izes the facility to provide such 
information on its behalf. 
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‘‘(bb) 
INFORMATION
AND 
ENFORCEMENT.—Nothing in an 
authorization under item (aa) 
shall impair the ability of the 
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— 
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(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 
(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 
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