[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10109 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                               H. R. 10109

    To amend the Commodity Exchange Act to prohibit wildfire event 
        contracts on prediction markets, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 17, 2026

 Mr. Baumgartner introduced the following bill; which was referred to 
 the Committee on Agriculture, and in addition to the Committee on the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To amend the Commodity Exchange Act to prohibit wildfire event 
        contracts on prediction markets, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wildfire Event Contract Prohibition 
Act''.

SEC. 2. PROHIBITION ON WILDFIRE EVENT CONTRACTS.

    Section 5c(c)(5) of the Commodity Exchange Act (7 U.S.C. 7a-
2(c)(5)) is amended by adding at the end the following:
                    ``(D) Prohibition on wildfire event contracts.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of this section, no agreement, 
                        contract, transaction, or swap involving a 
                        matter described in clause (ii) (or any index, 
                        measure, value, or data related thereto, or 
                        occurrence, extent of an occurrence, or 
                        contingency based thereon) may be listed or 
                        made available for clearing or trading on or 
                        through a registered entity.
                            ``(ii) Matter described.--The matter 
                        referred to in clause (i) is any wildfire 
                        event, including the ignition, occurrence, 
                        location, duration, intensity, size, spread, 
                        containment, evacuation resulting from, injury 
                        or death caused by, or property damage 
                        resulting from a wildfire.''.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) wildfire event contracts create an improper financial 
        incentive to profit from the ignition, spread, duration, and 
        destructive effects of a wildfire;
            (2) such contracts may undermine public confidence in 
        emergency-response decisions and create opportunities to 
        exploit material nonpublic information concerning wildfire 
        conditions, incident operations, evacuation orders, or 
        containment activities;
            (3) federally regulated markets should not facilitate 
        gambling on the destruction of homes, businesses, natural 
        resources, or communities; and
            (4) nothing in this Act or an amendment made by this Act 
        preempts a State law that regulates or prohibits gambling or 
        gaming.

SEC. 4. REVIEW OF EXISTING AUTHORITIES RELATING TO WILDFIRE EVENT 
              TRADING.

    (a) Review.--Not later than 180 days after the date of enactment of 
this Act, the Attorney General, in consultation with the Chairman of 
the Commodity Futures Trading Commission, the Secretary of Agriculture, 
the Secretary of the Interior, and the heads of such other Federal 
agencies as the Attorney General determines appropriate, shall conduct 
a review of existing Federal criminal and civil authorities relating to 
conduct undertaken for the purpose of influencing, exploiting, or 
profiting from a wildfire event through an event contract or other 
wager.
    (b) Matters Included.--The review under subsection (a) shall 
include an assessment of--
            (1) Federal criminal and civil authorities applicable to an 
        individual who intentionally causes, attempts to cause, or 
        conspires with another person to cause a wildfire for the 
        purpose of influencing the outcome of, or profiting from, an 
        event contract or other wager;
            (2) Federal criminal and civil authorities applicable to an 
        individual who trades on the basis of material nonpublic 
        information relating to a wildfire event, including information 
        regarding ignition, fire behavior, incident response, 
        evacuation, or containment;
            (3) the applicability of Federal conspiracy, aiding-and-
        abetting, fraud, market-manipulation, money-laundering, 
        forfeiture, and illegal gambling authorities to conduct 
        described in paragraphs (1) and (2);
            (4) the ability of Federal agencies to investigate and 
        pursue conduct involving offshore prediction-market platforms, 
        digital assets, or other cross-border means of placing or 
        facilitating wagers on wildfire events;
            (5) barriers to coordination among the Department of 
        Justice, the Commodity Futures Trading Commission, Federal 
        land-management agencies, State and local law enforcement 
        agencies, and wildfire incident-management personnel; and
            (6) whether additional legislation, including enhanced 
        penalties, forfeiture authorities, reporting requirements, or 
        information-sharing authorities, is necessary to deter and 
        prosecute such conduct.
    (c) Report.--Not later than 30 days after completing the review 
required under subsection (a), the Attorney General shall submit to the 
Committee on the Judiciary and the Committee on Agriculture of the 
House of Representatives and the Committee on the Judiciary and the 
Committee on Agriculture, Nutrition, and Forestry of the Senate a 
report describing the findings of the review and any legislative 
recommendations.
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