Disclosure authorities and privilege retention

Section 8 of the Commodity Exchange Act (7 U.S.C. 12) is amended— (1)by striking subsection (e) and inserting the following:

(e)

Disclosure authorities

(1)

In general

(A)

Previously disclosed

The Commission may disclose and make public, where such information has previously been disclosed publicly in accordance with the provisions of this section, the names and addresses of all traders on the boards of trade on the commodity markets with respect to whom the Commission has information, and any other information in the possession of the Commission relating to the amount of commodities purchased or sold by each such trader. (B)

Congressional access

Upon the request of any committee of either House of Congress, acting within the scope of its jurisdiction, the Commission shall furnish to the committee the names and addresses of all traders on the boards of trade with respect to whom the Commission has information, and any other information in the possession of the Commission relating to the amount of any commodity purchased or sold by each such trader. (2)

Domestic governmental entities

(A)

In general

Upon the request of any department or agency of the Government of the United States, acting within the scope of its jurisdiction, the Commission may furnish to the department or agency any information in the possession of the Commission obtained in connection with the administration of this Act. (B)

Conditions

Any information furnished under this paragraph to any Federal department or agency shall not be disclosed by the department or agency except in any action or proceeding under the laws of the United States to which the department or agency, the Commission, or the United States is a party. (C)

Federal reserve banks

In this paragraph, the term governmental entity includes the Federal Reserve Banks when performing functions designated to the bank by the Board. (3)

State governmental entities

(A)

In general

Upon the request of any department or agency of any State or any political subdivision thereof, acting within the scope of its jurisdiction, the Commission may furnish to the department, agency, or political subdivision any information in the possession of the Commission obtained in connection with the administration of this Act. (B)

Conditions

Any information furnished to any department or agency of any State or political subdivision thereof shall not be disclosed by the department or agency except in connection with an adjudicatory action or proceeding under this Act or the laws of the State or political subdivision to which the State, political subdivision, department, or agency is a party. (4)

Foreign governmental entities

(A)

In general

Upon the request of any foreign futures authority, or any department, central bank, ministry, or agency of any foreign government or any political subdivision thereof, acting within the scope of its jurisdiction, the Commission may furnish to the foreign futures authority, department, central bank, ministry, agency of any foreign government, or any political subdivision thereof, any information in the possession of the Commission obtained in connection with the administration of this Act. (B)

Conditions

The Commission shall not furnish any information to a foreign futures authority or to a department, central bank, ministry, or agency of a foreign government or political subdivision thereof, unless the Commission is satisfied that the information will not be disclosed by the foreign futures authority, department, central bank, ministry, or agency of any foreign government or any political subdivision thereof, except in connection with an adjudicatory action or proceeding under the laws of the foreign government or political subdivision to which the foreign government, political subdivision, department, agency, central bank, ministry, or foreign futures authority is a party.

;

(2)by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (3)by inserting after subsection (g) the following:

(h)

Sharing privileged information with other authorities

(1)

Privilege definition

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 section 8a(6) or paragraphs (2), (3), and (4) of subsection (e) of this section. (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 if the authority has in good faith determined and represented to the Commission that the information is privileged, except as provided for in subsection (a)(1). (4)

Nonwaiver of privileged information provided to the Commission

(A)

In general

The entities listed in paragraphs (2), (3), and (4) of subsection (e) of this section and section 8a(6) shall not be considered to have waived any privilege by transferring information to or permitting information to be used by the Commission. (B)

Exception

Subparagraph (A) shall not apply to an entity listed in section 8a(6) with respect to information obtained by the Commission in an investigation relating to or in any action against the entity. (5)

Rule of construction

Nothing in this subsection shall authorize the Commission to withhold information, privileged or otherwise, from Congress or prevent the Commission from complying with an order of a court of the United States in an action commenced by the United States or the Commission.