,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #dggb  ,,in ,,the ,,house ,,of  
,,representatives  ,october #ba1        
#bjai,mr4 ,rodney ,davis of ,illinois   
introduced the following bill2 which was
 referred to the ,committee on          
,agriculture  ,a ,,bill  ,to provide for
 the protection of proprietary          
information provided to the ,commodity  
,futures ,trading ,commission1 and for  
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,,cftc         
,cybersecurity and ,data ,protection    
,enhancement ,act4  #b4 ,protection of  
proprietary information by the          
,commodity ,futures ,trading ,commission
 ,section #h7;a7 of the ,commodity      
,exchange ,act 7#g ,u4,s4,c4 #ab7;a77 is
 amended--  7#a7 in the first proviso of
 paragraph 7#a71 by striking customers3 
and inserting customers1 or disclose the
 proprietary information of any person32
 and  7#b7 by adding at the end the     
following3  7#d7 ,treatment of          
proprietary information  7,a7 ,written  

request2 agreement ,except as provided  
in subparagraph 7,b71 the ,commission   
shall not examine1 receive1 obtain1 or  
otherwise access the proprietary        
information of any person subject to    
this ,act1 unless--  7i7 the ,commission
 has transmitted to the person a written
 request for the information1 which     
details-- 7,i7 the records sought by the
 ,commission2  7,,ii7 a reasonable      
schedule to fulfill the request2        
7,,iii7 the method proposed for the     
,commission to be provided with access  
to the records2  7,,iv7 any reasonable  
requirements for data structures or file
 formats of the records2 and  7,v7 an   
explanation of the purpose of the       
request2 and  7ii7 the person has agreed
 to the request4  7,b7 ,exceptions      
,subparagraph 7,a7 shall not apply with 
respect to proprietary information of a 
person if--  7i7 the person has been    
served with a subpoena compelling the   
person to provide the ,commission with  
access to the information2  7ii7 the    

information is otherwise required by or 
under this ,act to be disclosed to the  
,commission2  7iii7 the information was 
received from a whistleblower pursuant  
to section #bc2  7iv7 the information   
was lawfully obtained from a foreign or 
domestic authority in connection with a 
confidential investigation by the       
,commission2 or  7v7 the person has     
agreed to provide the ,commission with  
access to the information4  7,c7        
,obligations of the recipient  7i7      
,acknowledgement of receipt of request  
,within #c business days after a person 
receives a request made in accordance   
with subparagraph 7,a7 or a subsequent  
communication from the ,commission in   
relation to the request1 the person     
shall acknowledge to the ,commission    
that the recipient has received the     
request or communication4  7ii7         
,response to request ,within #aj        
business days after a person receives   
such a request or communication1 the    
person shall respond to the request or  

communication in accordance with        
subparagraph 7,d74  7iii7 ,retention of 
requested records ,a person who receives
 such a request shall retain all records
 identified in the request until the    
request or any subpoena for the records 
has been resolved4  7,d7 ,response      
options of the recipient ,a person who  
receives such a request shall-- 7i7     
agree to1 and comply with1 the request2 
7ii7 request the ,commission to provide 
additional information regarding the    
request2  7iii7 request the ,commission 
modify any aspect of the request2  7iv7 
seek a review of any aspect of the      
request by the ,commission or a division
 director to whom the authority to      
conduct such a review has been          
delegated2 or  7v7 refuse the request4  
7#e7 ,establishment of rules for        
safeguarding information provided to the
 ,commission  7,a7 ,in general ,the     
,commission shall prescribe rules       
regarding--  7i7 the retention of       
information provided to the ,commission 

under this ,act1 including-- 7,i7 the   
manner of retention2  7,,ii7 the        
duration of retention1 which shall      
ensure that information is retained for 
only so long as is necessary to carry   
out this ,act or other ,federal law2 and
  7,,iii7 the process for the return or 
destruction of the information1 as      
appropriate2 and  7ii7 access to        
information provided to the ,commission 
under this ,act1 including--  7,i7      
limitations on access to relevant1      
essential individuals2 and  7,,ii7      
additional limitations on disclosure by 
the individuals1 including after leaving
 a position at the ,commission4  7,b7   
,incorporation of best practices ,the   
rules shall incorporate best practices  
regarding-- 7i7 data collection2  7ii7  
data access2  7iii7 data retention2     
7iv7 physical security2 and  7v7        
information security and data           
protection1 including cybersecurity4    
7#f7 ,proprietary information defined   
,in this subsection1 the term           

proprietary information means sensitive1
 non-public information of a person1    
including-- 7,a7 trading strategies2    
7,b7 analytical or research             
methodologies2  7,c7 trading activity in
 asset classes and not subject to this  
,act2  7,d7 physical and cyber          
vulnerabilities2 and  7,e7 computer     
hardware or software containing         
intellectual property4  4