CFTC Protection of Information and Data Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9128 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9128

   To amend the Commodity Exchange Act of 1936 for the protection of
              certain information, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 3, 2026

 Mr. Messmer (for himself and Ms. Budzinski) introduced the following
        bill; which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL

   To amend the Commodity Exchange Act of 1936 for the protection of
              certain information, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``CFTC Protection of Information and
Data Act of 2026''.

SEC. 2. DISCLOSURE AUTHORITIES AND PRIVILEGE RETENTION.

    Section 8 of the Commodity Exchange Act (7 U.S.C. 12) is amended--
            (1) by striking subsection (e) and inserting the following:
    ``(e) Disclosure Authorities.--
            ``(1) In general.--
                    ``(A) Previously disclosed.--The Commission may
                disclose and make public, where such information has
                previously been disclosed publicly in accordance with
                the provisions of this section, the names and addresses
                of all traders on the boards of trade on the commodity
                markets with respect to whom the Commission has
                information, and any other information in the
                possession of the Commission relating to the amount of
                commodities purchased or sold by each such trader.
                    ``(B) Congressional access.--Upon the request of
                any committee of either House of Congress, acting
                within the scope of its jurisdiction, the Commission
                shall furnish to the committee the names and addresses
                of all traders on the boards of trade with respect to
                whom the Commission has information, and any other
                information in the possession of the Commission
                relating to the amount of any commodity purchased or
                sold by each such trader.
            ``(2) Domestic governmental entities.--
                    ``(A) In general.--Upon the request of any
                department or agency of the Government of the United
                States, acting within the scope of its jurisdiction,
                the Commission may furnish to the department or agency
                any information in the possession of the Commission
                obtained in connection with the administration of this
                Act.
                    ``(B) Conditions.--Any information furnished under
                this paragraph to any Federal department or agency
                shall not be disclosed by the department or agency
                except in any action or proceeding under the laws of
                the United States to which the department or agency,
                the Commission, or the United States is a party.
                    ``(C) Federal reserve banks.--In this paragraph,
                the term `governmental entity' includes the Federal
                Reserve Banks when performing functions designated to
                the bank by the Board.
            ``(3) State governmental entities.--
                    ``(A) In general.--Upon the request of any
                department or agency of any State or any political
                subdivision thereof, acting within the scope of its
                jurisdiction, the Commission may furnish to the
                department, agency, or political subdivision any
                information in the possession of the Commission
                obtained in connection with the administration of this
                Act.
                    ``(B) Conditions.--Any information furnished to any
                department or agency of any State or political
                subdivision thereof shall not be disclosed by the
                department or agency except in connection with an
                adjudicatory action or proceeding under this Act or the
                laws of the State or political subdivision to which the
                State, political subdivision, department, or agency is
                a party.
            ``(4) Foreign governmental entities.--
                    ``(A) In general.--Upon the request of any foreign
                futures authority, or any department, central bank,
                ministry, or agency of any foreign government or any
                political subdivision thereof, acting within the scope
                of its jurisdiction, the Commission may furnish to the
                foreign futures authority, department, central bank,
                ministry, agency of any foreign government, or any
                political subdivision thereof, any information in the
                possession of the Commission obtained in connection
                with the administration of this Act.
                    ``(B) Conditions.--The Commission shall not furnish
                any information to a foreign futures authority or to a
                department, central bank, ministry, or agency of a
                foreign government or political subdivision thereof,
                unless the Commission is satisfied that the information
                will not be disclosed by the foreign futures authority,
                department, central bank, ministry, or agency of any
                foreign government or any political subdivision
                thereof, except in connection with an adjudicatory
                action or proceeding under the laws of the foreign
                government or political subdivision to which the
                foreign government, political subdivision, department,
                agency, central bank, ministry, or foreign futures
                authority is a party.'';
            (2) by redesignating subsections (h) and (i) as subsections
        (i) and (j), respectively; and
            (3) by inserting after subsection (g) the following:
    ``(h) Sharing Privileged Information With Other Authorities.--
            ``(1) Privilege definition.--The term `privilege' includes
        any applicable work-product privilege, attorney-client
        privilege, governmental privilege, or other privilege
        recognized under Federal, State, or foreign law.
            ``(2) Privileged information provided by the commission.--
        The Commission shall not be considered to have waived any
        privilege by transferring information to or permitting that
        information to be used in accordance with section 8a(6) or
        paragraphs (2), (3), and (4) of subsection (e) of this section.
            ``(3) Nondisclosure of privileged information provided to
        the commission.--The Commission shall not be compelled to
        disclose privileged information obtained from any foreign
        futures authority if the authority has in good faith determined
        and represented to the Commission that the information is
        privileged, except as provided for in subsection (a)(1).
            ``(4) Nonwaiver of privileged information provided to the
        commission.--
                    ``(A) In general.--The entities listed in
                paragraphs (2), (3), and (4) of subsection (e) of this
                section and section 8a(6) shall not be considered to
                have waived any privilege by transferring information
                to or permitting information to be used by the
                Commission.
                    ``(B) Exception.--Subparagraph (A) shall not apply
                to an entity listed in section 8a(6) with respect to
                information obtained by the Commission in an
                investigation relating to or in any action against the
                entity.
            ``(5) Rule of construction.--Nothing in this subsection
        shall authorize the Commission to withhold information,
        privileged or otherwise, from Congress or prevent the
        Commission from complying with an order of a court of the
        United States in an action commenced by the United States or
        the Commission.''.
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