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GAO-11-934R 1 (2011-09-09)

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J GAO
        Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          B-322385


          September 9, 2011

          The Honorable Debbie Stabenow
          Chairwoman
          The Honorable Pat Roberts
          Ranking Member
          Committee on Agriculture, Nutrition, and Forestry
          United States Senate

          The Honorable Frank D. Lucas
          Chairman
          The Honorable Collin C. Peterson
          Ranking Member
          Committee on Agriculture
          House of Representatives

          Subject: Commodity Futures Trading Commission: Whistleblower Incentives and
                  Protection

          Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Commodity Futures Trading Commission
          (Commission), entitled Whistleblower Incentives and Protection (RIN: 3038-AD04).
          We received the rule on August 24, 2011. It was published in the Federal Register
          as a final rule on August 25, 2011, with an effective date of October 24, 2011. 76
          Fed. Reg. 53,172.

          The final rule implements section 23 of the Commodity Exchange Act (CEA) entitled
          Commodity Whistleblower Incentives and Protection. The Commission is adopting
          Final Rules 165.1 through 165.19 and Appendix A, thereto, and new Forms TCR
          (Tip, Complaint or Referral) and WB-APP (Application for Award for Original
          Information Provided Pursuant to Section 23 of the Commodity Exchange Act),
          under the CEA. The Dodd-Frank Wall Street Reform and Consumer Protection Act,
          enacted on July 21, 2010 (Dodd-Frank Act), established a whistleblower program
          that requires the Commission to pay an award, under regulations prescribed by the
          Commission and subject to certain limitations, to eligible whistleblowers who
          voluntarily provide the Commission with original information about a violation of the
          CEA that leads to the successful enforcement of a covered judicial or administrative
          action, or a related action. The Dodd-Frank Act also prohibits retaliation by


GAO-1 1-934R

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