I 
117TH CONGRESS 
1ST SESSION H. R. 4337 
To modernize the authority of the Commodity Futures Trading Commission 
to conduct research, development, demonstration, and information programs. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 1, 2021 
Mr. AUSTIN SCOTT of Georgia (for himself and Ms. PLASKETT) introduced 
the following bill; which was referred to the Committee on Agriculture 
A BILL 
To modernize the authority of the Commodity Futures Trad-
ing Commission to conduct research, development, dem-
onstration, and information programs. 
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 ‘‘Commodity Futures 
Trading Commission Research and Development Mod-
ernization Act’’. 
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SEC. 2. MODERNIZATION OF AUTHORITY OF THE COMMIS-
SION TO CONDUCT RESEARCH, DEVELOP-
MENT, DEMONSTRATION, AND INFORMATION 
PROGRAMS. 
Section 18 of the Commodity Exchange Act (7 U.S.C. 
22) is amended to read as follows: 
‘‘SEC. 18. RESEARCH AND DEVELOPMENT PROGRAMS. 
‘‘(a) PROGRAMS.—The Commission, as part of its on-
going operations, shall establish and maintain research, 
development, demonstration, and information programs 
that further the purposes of this Act, including programs 
that— 
‘‘(1) facilitate the understanding by the Com-
mission of— 
‘‘(A) emerging technologies, technological 
advances, and innovations; 
‘‘(B) with respect to those technologies, 
technological advances, and innovations, the po-
tential application to, and effect on, the trans-
actions and markets under the jurisdiction of 
the Commission; 
‘‘(C) associated implications for cybersecu-
rity, data security, and systemic risk; and 
‘‘(D) the economics of markets and market 
participants by the administration of this Act; 
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‘‘(2) provide an environment where emerging 
technologies, technological advances, and innovations 
may be explored by the Commission with developers 
and potential users to evaluate potential effects on 
the Commission and the markets under the jurisdic-
tion of the Commission; 
‘‘(3) identify areas where the Commission 
should adapt its administration of this Act in light 
of emerging technologies, technological advances, 
and innovations to benefit the markets under the ju-
risdiction of the Commission; and 
‘‘(4) develop educational and other informa-
tional materials for dissemination and use among 
producers, market-users, and the general public re-
garding— 
‘‘(A) the activities, products, entities and 
markets regulated under this Act; 
‘‘(B) emerging technologies, technological 
advances, and innovations in markets under the 
jurisdiction of the Commission; and 
‘‘(C) applicable requirements of this Act 
and the regulations prescribed under this Act 
with regard to the subjects described in sub-
paragraphs (A) and (B). 
‘‘(b) RESEARCH AND DEVELOPMENT PLAN.— 
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‘‘(1) IN GENERAL.—The Commission may, after 
notice and comment, adopt a research and develop-
ment plan for a program established under sub-
section (a). 
‘‘(2) CONDITIONS.—A research and develop-
ment plan adopted pursuant to paragraph (1) shall 
identify— 
‘‘(A) specific areas of interest to the Com-
mission; 
‘‘(B) potential activities the Commission 
will undertake to investigate an area of interest; 
and 
‘‘(C) the means by which the authority de-
scribed in subsection (c) will be used in the ap-
plicable program established under subsection 
(a). 
‘‘(c) OTHER TRANSACTION AUTHORITY.— 
‘‘(1) IN
GENERAL.—Notwithstanding the full 
and open competition requirements under chapter 33 
of title 41, United States Code, the Commission may 
enter into and perform a transaction (other than a 
standard contract) for the purpose of aiding or fa-
cilitating the programs and activities under sub-
section (a). 
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‘‘(2) CONDITIONS.—The Commission may enter 
into a transaction under this subsection only if— 
‘‘(A) the transaction is used only in fur-
therance of a research and development plan es-
tablished under subsection (b); 
‘‘(B) the Commission endeavors to use a 
competitive process, where appropriate, when 
determining the parties to the transaction; and 
‘‘(C) using a standard contract to do so is 
either not feasible or not appropriate. 
‘‘(3) POLICIES.—The Commission shall, after 
notice and comment, establish and publish written 
policies setting forth the manner and criteria for uti-
lizing the authority provided by this subsection. 
‘‘(d) ACCEPTANCE
OF NONMONETARY CONTRIBU-
TIONS FOR RESEARCH AND DEVELOPMENT PROGRAMS, 
PROJECTS, AND ACTIVITIES.— 
‘‘(1) DEFINITION OF COVERED NONMONETARY 
CONTRIBUTION.—In this subsection, the term ‘cov-
ered nonmonetary contribution’ means a nonmone-
tary contribution of provision of access, use of facili-
ties, personal property, or services, that is related 
to— 
‘‘(A) sharing of research, data, or other in-
formation; 
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‘‘(B) public presentations; or 
‘‘(C) non-commercially available services or 
systems. 
‘‘(2) AUTHORIZATION.—The Commission may 
accept and use, on behalf of the United States and 
in accordance with this subsection, any covered non-
monetary contribution. 
‘‘(3) CONDITIONS.— 
‘‘(A) IN GENERAL.—A covered nonmone-
tary contribution may be accepted pursuant to 
this subsection only if the covered nonmonetary 
contribution is in furtherance of a research and 
development plan established under subsection 
(b). 
‘‘(B) LIMITATIONS.—The Commission may 
not accept a covered nonmonetary contribution 
if— 
‘‘(i) conditions inconsistent with appli-
cable laws or regulations apply to the cov-
ered nonmonetary contribution; 
‘‘(ii) the covered nonmonetary con-
tribution is conditioned on, or will require, 
the expenditure of appropriated funds not 
available to the Commission; 
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‘‘(iii) using a standard contract or 
other transaction authority under sub-
section (c) to acquire the covered non-
monetary contribution is either feasible or 
appropriate; or 
‘‘(iv) acceptance of the covered non-
monetary contribution would— 
‘‘(I) reflect unfavorably on the 
ability of the Commission to carry out 
its responsibilities or official duties in 
a fair and objective manner; 
‘‘(II) compromise the integrity or 
the appearance of the integrity of its 
programs or any official involved in 
its programs; or 
‘‘(III) give the endorsement or 
the appearance of the endorsement by 
the Commission or Commission staff 
of the products, services, activities, or 
policies of the donor. 
‘‘(C) SOLICITATION PROHIBITION.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), a covered nonmonetary 
contribution may not be solicited by any 
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Commissioner, employee of, or contractor 
at the Commission. 
‘‘(ii) EXCEPTION.—A Commissioner 
or employee of the Commission may solicit 
only a covered nonmonetary contribution 
described in paragraph (1)(B). 
‘‘(D) DURATION.—To the extent applica-
ble, the Commission shall return any covered 
nonmonetary contribution accepted pursuant to 
this subsection within 90 days after accepting 
the covered nonmonetary contribution. 
‘‘(E) RULES.—The Commission shall, after 
notice and comment, establish and publish writ-
ten rules setting forth the manner and criteria 
to be used in determining whether a covered 
nonmonetary contribution meets the conditions 
of this paragraph. 
‘‘(4) DISCLOSURE.—Within 30 days after ac-
cepting a covered nonmonetary contribution pursu-
ant to this subsection, the Commission shall publish 
in the Federal Register a notice detailing— 
‘‘(A) the source of the covered nonmone-
tary contribution; 
‘‘(B) the nature of the covered nonmone-
tary contribution; 
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‘‘(C) whether the covered nonmonetary 
contribution was solicited pursuant to para-
graph (3)(C)(ii), and if so, by whom; and 
‘‘(D) the means by which the covered non-
monetary contribution meets the conditions set 
forth in paragraph (3). 
‘‘(5) SUNSET.—The authority provided in this 
subsection may not be exercised on or after October 
1, 2025. 
‘‘(e) ANNUAL REPORT.—Not later than 60 days after 
the end of each fiscal year, the Commission shall submit 
to the Committee on Agriculture, Nutrition, and Forestry 
of the Senate and the Committee on Agriculture of the 
House of Representatives a report on all transactions en-
tered into under subsection (c) and all covered nonmone-
tary contributions accepted under subsection (d) in the fis-
cal year, which shall include the following: 
‘‘(1) A brief description of the subject of each 
such transaction or covered nonmonetary contribu-
tion, with an explanation of— 
‘‘(A) the potential utility of the transaction 
or covered nonmonetary contribution to the 
Commission or the markets regulated by the 
Commission; 
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‘‘(B) the means by which the transaction 
or covered nonmonetary contribution fulfills the 
goals and objectives of the research and devel-
opment plan established under subsection (b); 
and 
‘‘(C) the status of all related projects. 
‘‘(2) The information required to be published 
pursuant to subsection (d)(4). 
‘‘(3) A description of all sums expended by the 
Commission in connection with a transaction entered 
into under subsection (c), and, if readily ascertain-
able, the value of any covered nonmonetary contribu-
tion accepted under subsection (d).’’. 
Æ 
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