HouseH.R. 9128119th Congress
CFTC Protection of Information and Data Act of 2026
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[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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