H.R. 9128

[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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