H. R. 4325
IN THE HOUSE OF REPRESENTATIVES
September 12, 2019
Mr. Van Drew introduced the following bill; which was referred to the Committee on Agriculture
To amend the Commodity Exchange Act to clarify treatment of privileged information after disclosure to the Commodity Futures Trading Commission, and for other purposes.
Section 8 of the Commodity Exchange Act (7 U.S.C. 12) is amended—
by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and
by inserting after subsection (g) the following:
Sharing privileged information with other authorities
In this subsection:
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.
The term privilege includes any applicable work-product privilege, attorney-client privilege, governmental privilege, or other privilege recognized under Federal, State, or foreign law.
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).
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.
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.