skip to main content

H.R. 4325: To amend the Commodity Exchange Act to clarify treatment of privileged information after disclosure to the Commodity Futures Trading Commission, and for other purposes.


The text of the bill below is as of Sep 12, 2019 (Introduced).


I

116th CONGRESS

1st Session

H. R. 4325

IN THE HOUSE OF REPRESENTATIVES

September 12, 2019

introduced the following bill; which was referred to the Committee on Agriculture

A BILL

To amend the Commodity Exchange Act to clarify treatment of privileged information after disclosure to the Commodity Futures Trading Commission, and for other purposes.

1.

Privilege retention

Section 8 of the Commodity Exchange Act (7 U.S.C. 12) is amended—

(1)

by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and

(2)

by inserting after subsection (g) the following:

(h)

Sharing privileged information with other authorities

(1)

Definitions

In this subsection:

(A)

Foreign law enforcement authority

The term foreign law enforcement authority means any foreign authority that is empowered under foreign law to detect, investigate, or prosecute potential violations of law.

(B)

Privilege

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 subsection (e).

(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, or foreign law enforcement authority, if the authority has in good faith determined and represented to the Commission that the information is privileged.

(4)

Nonwaiver of privileged information provided to the Commission

The entities listed in subsection (e) shall not be considered to have waived any privilege by transferring information to or permitting information to be used by the Commission.

.