CFTC FOIA Reference Guide

General Information
Major Information Systems: Index of Publicly-Available Information

Freedom of Information Act

Information Locator Systems
Contact Information

The US Commodity Futures Trading Commission (CFTC or Commission) was created by Congress in 1974 as an independent agency with the mandate to regulate commodity futures and option markets in the United States.(1)

The agency protects market participants against manipulation, abusive trade practices and fraud. Through effective oversight and regulation, the CFTC enables the markets to serve better their important functions in the nation's economy— providing a mechanism for price discovery and a means of offsetting price risk.

Individuals seeking information from the Commission may obtain any of the Commission's public records. The term "public records" refers to materials published in the Federal Register and records required to be publicly available under the Freedom of Information Act, as described in Section 145.2 of the Commission's rules, 17 CFR. Section 145.2. "Public records" also refers to those records that the Commission has determined to be generally available to the public upon request to the Commission office or division responsible for such records. For a listing of Commission records routinely available to the public see Index of Publicly-Available Information.

Individuals seeking non-public information or information which is not routinely available to the public must file a written request under the Freedom of Information Act. See How to Request Records Under the Freedom of Information Act.

Information Available on the Internet
The following information is available to the public on the Commission's website (http://www.cftc.gov/) and from the Office of External Affairs at 202-418-5080 unless otherwise noted:

Information Available in the Commission's Reading Room
The following categories of information are available on request from the Commission's Reading Room located at the Commission's principal office at Three Lafayette Centre, 1155 21st Street, NW, Washington, DC 20581. The telephone number is 202-418-5025. Copies are available at 15 cents per page.

Information Available from the Commission's Office of Proceedings
Publicly-available filings relating to reparations proceedings, enforcement actions, and Commission review of exchange and NFA actions are available on request from the Commission's Office of Proceedings.

The Office of Proceedings is located at the Commission's principal office at Three Lafayette Centre, 1155 21st Street, NW, Washington, DC 20581. Copies are available at 15 cents per page.

Major Records Categories Requiring a Freedom of Information Act Request
The following major records categories and any related documentation are considered non-public records and must be requested under the Freedom of Information Act. How to Request Records Under the Freedom of Information Act provides additional information. Note that many of the listed categories may be considered exempt from disclosure under the FOIA.

The Freedom of Information Act (FOIA), 5 USC Section 552, provides individuals with a right of access to Federal agency records, except to the extent that such records are protected from disclosure by one of its nine exemptions. The basic purpose of the FOIA is "to ensure an informed citizenry, vital to the functioning of a democratic society needed to check against corruption and to hold the government accountable to the governed."(3)

FOIA requests for records of the Commodity Futures Trading Commission are processed by the FOIA Requester Service Center, Office of the Secretariat, at the Commission's principal office at Three Lafayette Centre, 1155 21st Street, NW, Washington, DC 20581. The main telephone number for the FOIA Office is 202-418-5105. The fax number is 202-418-5543.

Requests for records maintained by the Commission must be in writing and clearly marked "Freedom of Information Act Request."

The request should be addressed to the Assistant Secretary of the Commission for FOIA Matters, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW, Washington, DC 20581.

Each FOIA request should include a reasonable description of the records sought and an agreement to pay for any copying, search, or review costs incurred in processing the request. See Fee Schedule.

The Assistant Secretary will issue a determination within 20 working days as specified in the Act. In unusual circumstances, the prescribed time limit may be extended by written notice to the requester.

Requests for records under the Freedom of Information Act should include an agreement to pay all fees associated with the processing of the request, in accordance with the rates set forth here. If requesters ask that fees be limited to a certain amount, no work will be done resulting in fees beyond that amount. A requester who seeks a waiver or reduction of fees pursuant to the Commission's rules should show that disclosure of the requested information would be in the public interest.

Fee Waivers
The Commission will waive or reduce fees if (i) the fees are less than $10.00 (the approximate cost to the Commission of collecting the fee); or (ii) the Commission determines that the disclosure of the information is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.

The Commission will charge fees even if no records are provided to the requester. Fees vary by type of requester as follows:

Categories of Requesters
1. Commercial Use Requester. The Commission charges fees for search time, review time, and duplication of records to any person requesting information for a use or purpose that furthers the commercial, trade, or profit interests of the requester or a person on whose behalf the request is made.

2. Educational Institution or Noncommercial Scientific Institution. The Commission charges only duplication fees to schools or to organizations that operate solely for the purpose of scientific research, the results of which are not intended to promote any particular product or industry. The Commission does not charge for the first 100 pages duplicated or for search or review time.

3. Representative of News Media. The Commission charges only duplication fees to any person actively gathering news for an organization that publishes or broadcasts news to the public. The Commission does not charge for the first 100 pages duplicated or for search or review time.

4. Other Requesters. The Commission charges fees for search time and duplication to requesters who are not covered by one of the categories above. The Commission does not charge for the first two hours of search time, the first 100 pages of duplication, or review time. If the search is for records stored in a computer format, the Commission waives a combination of computer operation charges and search time charges up to the equivalent of two hours of professional search time.

Payment of Fees
The requester should mail a check or money order to:

The Commission will begin charging interest on unpaid bills on the 31st day following the day on which the bill was sent. Interest will be at the rate prescribed in 31 USC Section 3717.

CFTC records are releasable unless they contain information that qualifies for withholding under one or more of the following nine FOIA exemptions:

Exemption 1 (5 USC Section 552(b)(1)). This exemption authorizes protection of national security information that has been properly classified in accordance with the requirements of an executive order.

Exemption 2 (5 USC Section 552(b)(2)). This exemption authorizes protection of records related solely to the internal personnel rules and practices of an agency.

Exemption 3 (5 USC Section 552(b)(3)). This exemption requires protection of information that is covered by another statute that specifically prohibits disclosure of information. For the Commission, Section 8 (a) of the Commodity Exchange Act, 7 USC Section 12(a), prohibits the release of data or information which would disclose business transactions or market positions of any person and trade secrets or names of customers, and any data or information concerning or obtained in connection with any pending investigation of any person.

Exemption 4 (5 USC Section 552(b)(4)). This exemption protects trade secrets and commercial or financial information obtained from a person when disclosure is likely to cause substantial competitive harm to the person.

Exemption 5 (5 USC Section 552(b)(5)). This exemption authorizes protection of inter-agency or intra-agency memoranda or letters, except those which by law would routinely be made available to a party other than an agency in litigation with the Commission.

Exemption 6 (5 USC Section 552(b)(6)). This exemption protects an individual's personal privacy interests, covering personnel, medical, and similar files.

Exemption 7 (5 USC Section 552(b)(7)). This exemption protects records or other information compiled for law enforcement purposes, to the extent that production of such records or information:

Exemption 8 (5 USC 552(b)(8)). This exemption protects information contained in certain reports prepared for or by an agency responsible for regulating financial institutions.

Exemption 9 (5 USC 552(b)(9)). This exemption protects geological and geophysical information and data, including maps, concerning wells.

If the Commission notifies a requester that his or her Freedom of Information Act request has been denied in whole or in part, the requester may file an appeal.

The requester must send the appeal in writing and clearly marked "Freedom of Information Act Appeal" to the Commission's Office of the General Counsel at Three Lafayette Centre, 1155 21st Street, NW, Washington, DC 20581. The main telephone number for the Office of the General Counsel is 202-418-5120. The requester must attach a copy of all correspondence relevant to the request, for example, the initial request, any correspondence amending or modifying the request, and all correspondence from Commission staff responding to the request. The Office of the General Counsel must receive the appeal within 30 days of the date of the denial by the Assistant Secretary. This 30-day period does not begin to run until the Assistant Secretary issues a determination with respect to all portions of the request.

The appeal should include all relevant facts and cite legal or other authorities that the requester considers appropriate. The appeal may also include a description of the general benefit to the public from disclosure of the information at issue.

If the appeal involves information for which confidential treatment has been requested by the submitter of the information, the FOIA requester must serve a copy of the appeal on the submitter. The submitter may respond in writing to the appeal within ten business days of the date of filing of the appeal. The submitter must send the response to the Office of the General Counsel, with copies sent to the Assistant Secretary and to the requester.

The Office of the General Counsel will notify the requester in writing when the appeal is decided.

Ultimately, the decision may be taken to the U.S. District Court.

A number of information locator systems are available for obtaining information online. Some of the most helpful are listed below:

The CFTC website provides links to government and futures-related sites.

For other government resources, visit:

Federal Citizen Information Center, USA Services
http://www.info.gov

GPO Access
http://www.gpoaccess.gov/index.html

CFTC Headquarters Office
Three Lafayette Centre
1155 21st Street, NW
Washington, DC 20581
Telephone: 202-418-5000
Fax: 202-418-5521
TTY: 202-418-5514

Central Region
525 West Monroe Street
Suite 1100
Chicago, Illinois 60661
Telephone: 312-596-0700
Fax: 312-596-0716
TTY: 312-596-0565

Eastern Region
140 Broadway
New York, New York 10005
Telephone: 646-746-9700
Fax: 646-746-9938
TTY: 646-746-9820

Southwestern Region
Two Emanuel Cleaver II Blvd.
Suite 300
Kansas City, Missouri 64112
Telephone: 816-960-7700
Fax: 816-960-7750
TTY: 816-960-7704