I 
116TH CONGRESS 
1ST SESSION H. R. 4772 
To provide for the protection of proprietary information provided to the 
Commodity Futures Trading Commission, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 21, 2019 
Mr. RODNEY DAVIS of Illinois introduced the following bill; which was referred 
to the Committee on Agriculture 
A BILL 
To provide for the protection of proprietary information pro-
vided to the Commodity Futures Trading Commission, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘CFTC Cybersecurity 
and Data Protection Enhancement Act’’. 
SEC. 2. PROTECTION OF PROPRIETARY INFORMATION BY 
THE COMMODITY FUTURES TRADING COM-
MISSION. 
Section 8(a) of the Commodity Exchange Act (7 
U.S.C. 12(a)) is amended— 
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(1) in the first proviso of paragraph (1), by 
striking ‘‘customers:’’ and inserting ‘‘customers, or 
disclose the proprietary information of any person:’’; 
and 
(2) by adding at the end the following: 
‘‘(4) TREATMENT OF PROPRIETARY INFORMATION.— 
‘‘(A) WRITTEN
REQUEST; AGREEMENT.—Ex-
cept as provided in subparagraph (B), the Commis-
sion shall not examine, receive, obtain, or otherwise 
access the proprietary information of any person 
subject to this Act, unless— 
‘‘(i) the Commission has transmitted to the 
person a written request for the information, 
which details— 
‘‘(I) the records sought by the Com-
mission; 
‘‘(II) a reasonable schedule to fulfill 
the request; 
‘‘(III) the method proposed for the 
Commission to be provided with access to 
the records; 
‘‘(IV) any reasonable requirements for 
data structures or file formats of the 
records; and 
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‘‘(V) an explanation of the purpose of 
the request; and 
‘‘(ii) the person has agreed to the request. 
‘‘(B) EXCEPTIONS.—Subparagraph (A) shall 
not apply with respect to proprietary information of 
a person if— 
‘‘(i) the person has been served with a sub-
poena compelling the person to provide the 
Commission with access to the information; 
‘‘(ii) the information is otherwise required 
by or under this Act to be disclosed to the Com-
mission; 
‘‘(iii) the information was received from a 
whistleblower pursuant to section 23; 
‘‘(iv) the information was lawfully obtained 
from a foreign or domestic authority in connec-
tion with a confidential investigation by the 
Commission; or 
‘‘(v) the person has agreed to provide the 
Commission with access to the information. 
‘‘(C) OBLIGATIONS OF THE RECIPIENT.— 
‘‘(i) ACKNOWLEDGEMENT OF RECEIPT OF 
REQUEST.—Within 3 business days after a per-
son receives a request made in accordance with 
subparagraph (A) or a subsequent communica-
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tion from the Commission in relation to the re-
quest, the person shall acknowledge to the Com-
mission that the recipient has received the re-
quest or communication. 
‘‘(ii) RESPONSE TO REQUEST.—Within 10 
business days after a person receives such a re-
quest or communication, the person shall re-
spond to the request or communication in ac-
cordance with subparagraph (D). 
‘‘(iii) 
RETENTION
OF
REQUESTED 
RECORDS.—A person who receives such a re-
quest shall retain all records identified in the 
request until the request or any subpoena for 
the records has been resolved. 
‘‘(D) RESPONSE
OPTIONS
OF
THE
RECIPI-
ENT.—A person who receives such a request shall— 
‘‘(i) agree to, and comply with, the request; 
‘‘(ii) request the Commission to provide 
additional information regarding the request; 
‘‘(iii) request the Commission modify any 
aspect of the request; 
‘‘(iv) seek a review of any aspect of the re-
quest by the Commission or a division director 
to whom the authority to conduct such a review 
has been delegated; or 
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‘‘(v) refuse the request. 
‘‘(5) ESTABLISHMENT
OF
RULES
FOR
SAFE-
GUARDING INFORMATION PROVIDED
TO
THE COMMIS-
SION.— 
‘‘(A) IN GENERAL.—The Commission shall pre-
scribe rules regarding— 
‘‘(i) the retention of information provided 
to the Commission under this Act, including— 
‘‘(I) the manner of retention; 
‘‘(II) the duration of retention, which 
shall ensure that information is retained 
for only so long as is necessary to carry 
out this Act or other Federal law; and 
‘‘(III) the process for the return or 
destruction of the information, as appro-
priate; and 
‘‘(ii) access to information provided to the 
Commission under this Act, including— 
‘‘(I) limitations on access to relevant, 
essential individuals; and 
‘‘(II) additional limitations on disclo-
sure by the individuals, including after 
leaving a position at the Commission. 
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‘‘(B) INCORPORATION OF BEST PRACTICES.— 
The rules shall incorporate best practices regard-
ing— 
‘‘(i) data collection; 
‘‘(ii) data access; 
‘‘(iii) data retention; 
‘‘(iv) physical security; and 
‘‘(v) information security and data protec-
tion, including cybersecurity. 
‘‘(6) PROPRIETARY
INFORMATION
DEFINED.—In 
this subsection, the term ‘proprietary information’ means 
sensitive, non-public information of a person, including— 
‘‘(A) trading strategies; 
‘‘(B) analytical or research methodologies; 
‘‘(C) trading activity in asset classes and not 
subject to this Act; 
‘‘(D) physical and cyber vulnerabilities; and 
‘‘(E) computer hardware or software containing 
intellectual property.’’. 
Æ 
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