Section 1 Short title
This Act may be cited as the “CFTC Proprietary Information Act of 2026”.
CFTC Proprietary Information Act of 2026
A BILL
To amend the Commodity Exchange Act of 1936 for the protection of proprietary information, and for other purposes.
Sec. 2 Proprietary information
Section 8 of the Commodity Exchange Act (7 U.S.C. 12) is amended by adding at the end the following:
“(j) Proprietary information
“(1) In general—For any proprietary information provided to the Commission, the Commission shall, after notice and comment, adopt rules and regulations to apply the provisions of this section to the proprietary information the Commission obtains or receives, to the extent such information is not already covered by the provisions of this section.
“(2) Policies—With regard to proprietary information the Commission obtains or receives, the Commission shall adopt rules and regulations, to—
“(A) address circumstances when the Commission requests proprietary information;
“(B) safeguard the information, taking into consideration the level of sensitivity of the information;
“(C) limit access to the information to appropriate staff, as determined by the Commission; and
“(D) protect the information from unlawful use or disclosure.
“(3) Sharing—The Commission shall adopt rules and regulations, pursuant to paragraph (1), regarding the sharing of such proprietary information with other governmental entities. The rules shall require the Commission to receive assurances that such other governmental entity shall maintain sufficient safeguards consistent with—
“(A) policies that achieve the objectives of subparagraphs (B), (C), and (D) of paragraph (2) of this subsection; and
“(B) the limitations set forth in paragraphs (2), (3), and (4) of subsection (e) concerning the confidentiality of any such information received.”