[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4469 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4469
To amend the Commodity Exchange Act to modify provisions relating to
event contracts, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 30, 2026
Mr. McCormick (for himself and Mrs. Gillibrand) introduced the
following bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Commodity Exchange Act to modify provisions relating to
event contracts, 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 ``Prediction Market Act of 2026''.
SEC. 2. SPECIAL RULES RELATING TO EVENT CONTRACTS.
Section 5c of the Commodity Exchange Act (7 U.S.C. 7a-2) is
amended--
(1) in subsection (c)(5)(C)--
(A) in the subparagraph heading, by striking
``event contracts and'';
(B) by striking clauses (i), (ii), and (iv);
(C) in clause (iii), by striking the clause
designation and heading and all that follows through
``In connection'' in subclause (I) and inserting the
following:
``(i) In general.--In connection'';
(D) by redesignating subclause (II) as clause (ii)
and indenting appropriately; and
(E) in clause (ii) (as so redesignated), by
redesignating items (aa) and (bb) as subclauses (I) and
(II), respectively, and indenting appropriately; and
(2) by inserting after subsection (c) the following:
``(d) Special Rules Relating to Event Contracts.--
``(1) Definitions.--In this subsection:
``(A) Contingency.--The term `contingency' means an
event or circumstance that may happen, but is not
certain to occur, including the outcome of another
event or circumstance.
``(B) Event contract.--The term `event contract'
means a contract for the sale of a commodity for future
delivery, option on such a contract, or swap based on
one or more excluded commodities that is--
``(i) based upon an occurrence, extent of
an occurrence, or contingency (other than a
change in the price, rate, value, or levels of
a commodity described in section 1a(19)(i));
and
``(ii) listed by a designated contract
market or swap execution facility.
``(C) Occurrence.--The term `occurrence' means
something that happens, such as an event, including the
outcome of another event.
``(2) Review or approval of event contracts.--
``(A) In general.--In connection with the listing
of event contracts by a designated contract market or
swap execution facility, the Commission, on a case-by-
case basis, may determine that an event contract is
contrary to the public interest if the event contract
is based on an occurrence, extent of an occurrence, or
contingency involving--
``(i) activity that is unlawful under any
Federal or State law;
``(ii) terrorism;
``(iii) assassination;
``(iv) war;
``(v) violence;
``(vi) gaming; or
``(vii) other similar activity determined
by the Commission to be contrary to the public
interest.
``(B) Prohibition.--No event contract determined by
the Commission to be contrary to the public interest
under subparagraph (A) may be listed or made available
for clearing or trading on or through a registered
entity.
``(C) Public interest criteria.--
``(i) Criteria.--The Commission shall
promulgate such rules and regulations as the
Commission determines appropriate to specify
the criteria for determining that event
contracts based on the activities described in
clauses (i) through (vii) of subparagraph (A)
are contrary to the public interest.
``(ii) Public interest.--In the rules and
regulations promulgated under clause (i), the
Commission shall provide that an event contract
is likely to be contrary to the public interest
if the event contract materially encourages
violence or similar unlawful activity.
``(iii) Public comment.--In promulgating
rules and regulations under clause (i), the
Commission shall provide not less than a 60-day
public comment period.
``(D) Enhanced certification.--
``(i) Format of submissions.--The
Commission shall prescribe by rule or
regulation standardized requirements, as
determined by the Commission, in addition to
the requirements of subsection (c), for the
format of written certifications of designated
contract markets and swap execution facilities
for new event contracts pursuant to subsection
(c)(1) and for voluntary requests for prior
approval for new event contracts pursuant to
subsection (c)(4).
``(ii) Disclosure requirements.--The
Commission shall prescribe by rule or
regulation disclosure requirements relating to
the material terms and conditions of event
contracts that are reasonably designed to
promote retail customer readability.
``(iii) Financial penalty.--
``(I) In general.--The Commission
may prescribe by rule or regulation a
financial penalty for a violation of
clause (i).
``(II) Considerations.--In
determining the amount of a financial
penalty assessed under subclause (I),
the Commission shall consider--
``(aa) the gravity of the
violation; and
``(bb) similar previous
violations committed by the
designated contract market or
swap execution facility.
``(III) Appeals.--If the Commission
prescribes a financial penalty under
subclause (I), the Commission shall
establish a procedure for appealing
such penalties, including in Federal
courts.
``(3) Communications with the public.--
``(A) In general.--In connection with the offer of
an event contract to a person that is not an eligible
contract participant, a derivatives clearing
organization shall not use any promotional material
that--
``(i) is likely to deceive the public;
``(ii) contains any material misstatement
or omission that makes the promotional material
misleading;
``(iii) mentions the possibility of profit
unless accompanied by an equally prominent
discussion of the risk of loss;
``(iv) includes any reference to actual
past trading profits without mentioning that
past results are not necessarily indicative of
future results;
``(v) includes any specific numerical or
statistical information about the past
performance of any actual account, unless
permitted by the Commission by rule or
regulation; or
``(vi) includes a testimonial that--
``(I) is not representative of all
reasonably comparable investors;
``(II) does not prominently state
that the testimonial is not indicative
of future performance or success; and
``(III) if applicable, does not
prominently state that it is a paid
testimonial.
``(B) Rulemaking.--The Commission shall promulgate
such rules or regulations as the Commission determines
to be appropriate to carry out subparagraph (A),
consistent with applicable standards for futures
commission merchants, including--
``(i) relating to records to be made
available for examination by the Commission;
and
``(ii) applicable disciplinary actions or
penalties for noncompliance with this
paragraph.
``(4) Know your customer application.--
``(A) Anti-money laundering compliance program.--In
connection with the offer of an event contract to a
person that is not an eligible contract participant, a
derivatives clearing organization shall have an anti-
money laundering compliance program in place in
accordance with section 5318(h) of title 31, United
States Code, which shall include--
``(i) internal policies, procedures, and
controls reasonably designed to achieve
compliance with subchapter II of chapter 53 of
title 31, United States Code, and chapter 2 of
title I of Public Law 91-508 (12 U.S.C. 1951 et
seq.) (commonly known as the `Bank Secrecy
Act') (including regulations promulgated under
that subchapter and chapter);
``(ii) appointment of one or more
individuals responsible for implementing and
monitoring the program's day-to-day operations;
``(iii) an ongoing training program;
``(iv) independent testing;
``(v) appropriate risk-based procedures for
conducting customer due diligence, including--
``(I) understanding the nature and
the purpose of developing a customer
risk profile; and
``(II) conducting ongoing
monitoring to detect and report
suspicious transactions and on a risk
basis to maintain and update customer
information, including identifying and
verifying beneficial owners; and
``(vi) appropriate procedures to verify
that individual customers have attained the age
of 18 years.
``(B) Rulemaking.--The Commission shall promulgate
such rules or regulations, with consideration of the
application of the applicable core principles described
in this Act, as the Commission determines to be
appropriate to carry out subparagraph (A), including--
``(i) relating to records to be made
available for examination by the Commission;
and
``(ii) applicable disciplinary actions or
penalties for noncompliance with this
paragraph.
``(5) Funds.--
``(A) Segregation required.--In connection with the
offer of an event contract to a person that is not an
eligible contract participant and accessing a
derivatives clearing organization as a direct clearing
member, the Commission shall promulgate such rules or
regulations as the Commission determines to be
appropriate regarding the segregation of member funds
from the derivatives clearing organization's own funds.
``(B) Customer communication.--A futures commission
merchant, designated contract market, or swap execution
facility shall disclose to event contract customers the
relevant risks of loss or potential delay in access to
the funds and assets.
``(C) Default fund.--For default management
purposes, a derivatives clearing organization shall
treat funds held for members and customers solely
trading fully collateralized contracts separately from
funds held for members and customers trading leveraged
contracts.
``(D) Rulemaking.--The Commission shall promulgate
such rules or regulations as the Commission determines
to be appropriate to carry out subparagraphs (B) and
(C).
``(6) Advisory council on consumer protection.--
``(A) Establishment.--Not later than 90 days after
the date of enactment of the Prediction Market Act of
2026, the Chairman of the Commission shall establish
the Advisory Council on Consumer Protection (referred
to in this paragraph as the `Advisory Council').
``(B) Chair and vice-chair.--The Chairman of the
Commission shall appoint a Chair and Vice-Chair of the
Advisory Council from among the members of the Advisory
Council.
``(C) Mission.--The mission of the Advisory Council
shall be--
``(i) to provide a forum for regular
communication and analysis related to retail
investor participation in derivatives markets;
``(ii) to encourage discussions relating to
consumer protection regarding event contract
markets and related markets; and
``(iii) to develop recommendations to
ensure that markets promote customer
protection, market integrity, and responsible
participation.
``(D) Membership.--The Advisory Council shall be
composed of 15 members, who shall be appointed by the
Chairman of the Commission and shall include--
``(i) the Retail Advocate described in
paragraph (7)(C);
``(ii) not fewer than 3 State attorneys
general;
``(iii) subject matter experts in
behavioral science and health, financial risk,
and consumer finance; and
``(iv) representatives of--
``(I) the Office of Customer
Education and Outreach;
``(II) the Department of Justice;
``(III) State and local law
enforcement;
``(IV) State and local regulatory
agencies, as appropriate;
``(V) market operators; and
``(VI) market participants.
``(E) Duties.--The duties of the Advisory Council
shall include--
``(i) meeting not less frequently than once
every 120 days, in a manner to be determined by
the Chairman of the Commission, to provide
independent advice and recommendations to the
Commission and Congress;
``(ii) identifying policies to promote
retail customer protection and specific gaps in
investor protections for retail customers;
``(iii) assessing the viability of a self-
exclusion program, which would allow a customer
to be voluntarily prohibited from entering into
an event contract;
``(iv) assessing the viability of a program
to implement voluntary deposit and trade
limits;
``(v) reviewing the considerations of the
retail customer profile, including age, income,
and behavioral vulnerabilities, when assessing
investor protection;
``(vi) studying behavioral prompts and
marketing features designed to engage customers
in connection with the offer of an event
contract;
``(vii) reviewing the effectiveness of
existing legal or regulatory recommendations to
improve customer protections in connection with
the offer of an event contract; and
``(viii) evaluating the design,
accessibility, and use of mobile applications,
smartphones, and other personal electronic
devices in connection with the offer of event
contracts.
``(F) Reports.--The Advisory Council shall--
``(i) not later than 180 days after the
date of enactment of the Prediction Market Act
of 2026, submit to Congress an initial report
with analysis and recommendations regarding
matters studied under subparagraph (E), which
shall include consumer protection, market
integrity, investor profile, marketing
features, and other related topics; and
``(ii) twice each year thereafter, submit
to Congress a report containing findings, and
recommendations for legislation, regulations,
and oversight, relating to the matters studied
under subparagraph (E).
``(G) Review by commission.--The Commission shall--
``(i) review the findings and
recommendations of the Advisory Council; and
``(ii) make publicly available a report
containing an assessment by the Commission of
any findings and recommendations of the
Advisory Council.
``(7) Office of the retail advocate.--
``(A) Definitions.--In this paragraph:
``(i) Chairman.--The term `Chairman' means
the Chairman of the Commission.
``(ii) Office.--The term `Office' means the
Office of the Retail Advocate established by
subparagraph (B).
``(iii) Retail participant.--The term
`retail participant' means a person that--
``(I) is not an eligible contract
participant; and
``(II) is participating in a
designated contract market.
``(B) Office established.--There is established
within the Commission the Office of the Retail
Advocate.
``(C) Retail advocate.--
``(i) In general.--The Retail Advocate
shall--
``(I) report directly to the
Commission; and
``(II) be appointed by the Chairman
from among individuals with experience
in advocating for the interests of
retail participants.
``(ii) Compensation.--The annual rate of
pay for the Retail Advocate shall be equal to
the highest rate of annual pay for other senior
executives who report to the Chairman.
``(D) Functions of the retail advocate.--The Retail
Advocate shall--
``(i) assist retail participants in
resolving significant problems relating to
transactions;
``(ii) analyze the potential impact on
retail participants of proposed regulations of
the Commission;
``(iii) to the extent practicable, propose
to the Commission changes in the regulations or
orders of the Commission that may be
appropriate to promote the interests of retail
participants;
``(iv) conduct research to identify and
understand issues that affect retail
participants; and
``(v) operate with and provide assistance
to the Office of Customer Education and
Outreach to conduct initiatives and outreach
for retail participants.
``(E) Access to documents.--
``(i) In general.--At the discretion of the
Chairman, the Retail Advocate shall have full
access to the documents of the Commission as
necessary to carry out the functions of the
Office.
``(ii) Effect.--Nothing in this
subparagraph authorizes the Retail Advocate, or
staff of the Office, to have access to, or to
release publicly or internally within the
Commission, proprietary or sensitive market
data, including data and information that would
separately disclose the business transactions
or market positions of any person and trade
secrets or names of customers, consistent with
section 8.
``(iii) Policies and procedures.--The
Office shall establish and make public on the
website of the Commission policies and
procedures to safeguard the confidentiality of
any documents the Retail Advocate or staff of
the Office has access to.
``(F) Annual report on objectives and activities.--
``(i) In general.--Not later than September
30 of each year, the Retail Advocate shall
submit to Congress a report describing the
objectives and activities of the Retail
Advocate for the following fiscal year.
``(ii) Contents.--Each report required
under clause (i) shall include--
``(I) appropriate statistical
information and full and substantive
analysis;
``(II) information on steps that
the Retail Advocate has taken during
the reporting period to improve--
``(aa) services to and
communication with retail
participants; and
``(bb) the responsiveness
of the Commission;
``(III) a summary of the most
serious problems reported to the Office
or the Commission by retail
participants during the reporting
period;
``(IV) an inventory of the items
described in subclause (III) that
includes--
``(aa) identification of
any action taken by the
Commission and the result of
that action;
``(bb) the period of time
that each item has remained on
the inventory; and
``(cc) for items with
respect to which no action has
been taken, the reasons for
inaction, and an identification
of any official who is
responsible for the action;
``(V) recommendations for such
administrative and legislative actions
as may be appropriate to resolve
problems encountered by retail
participants; and
``(VI) any other information, as
determined appropriate by the Retail
Advocate.
``(iii) Confidentiality.--No report
required under clause (i) may contain
confidential information.
``(G) Ombudsman.--
``(i) Appointment.--Not later than 180 days
after the date on which the first Retail
Advocate is appointed under subparagraph
(C)(i)(II), the Retail Advocate shall appoint
an Ombudsman, who shall report directly to the
Retail Advocate.
``(ii) Duties.--The Ombudsman appointed
under clause (i) shall--
``(I) act as a liaison between the
Commission and any retail participant
in resolving problems the retail
participant may have with the
Commission;
``(II) review and make
recommendations regarding policies and
procedures to encourage persons to
present questions to the Retail
Advocate regarding compliance with this
Act; and
``(III) establish safeguards to
maintain the confidentiality of
communications between the persons
described in subclause (II) and the
Ombudsman.
``(iii) Limitation.--
``(I) Personnel.--In carrying out
the duties of the Ombudsman under
clause (ii), the Ombudsman shall
utilize personnel of the Commission, to
the extent practicable.
``(II) Effect.--Nothing in this
clause shall be construed as replacing,
altering, or diminishing the activities
of any ombudsman or similar office of
any other agency.
``(iv) Report on activities.--
``(I) In general.--The Ombudsman
shall submit to the Retail Advocate an
annual report that describes the
activities and evaluates the
effectiveness of the Ombudsman during
the preceding 1-year period.
``(II) Submission.--The Retail
Advocate shall include the report
required under subclause (I) in the
reports required to be submitted by the
Retail Advocate under subparagraph (F).
``(8) Rule of construction.--Nothing in this subsection may
be construed to affect--
``(A) the ability of a State to investigate and
bring enforcement actions under this Act, including
pursuant to section 6d; or
``(B) the jurisdiction of the Commission described
in section 2(a)(1)(A).''.
SEC. 3. INSIDER TRADING AND MANIPULATION.
(a) Prohibition on Members of Congress Trading Event Contracts.--
Section 4c(a)(3) of the Commodity Exchange Act (7 U.S.C. 6c(a)(3)) is
amended--
(1) by striking ``under section 2 of the STOCK Act)'' each
place it appears and inserting ``in section 2 of the STOCK Act
(5 U.S.C. 13101 note; Public Law 112-105))'';
(2) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively, and indenting
appropriately;
(3) in the matter preceding clause (i) (as so
redesignated), by striking ``It shall'' and inserting the
following:
``(A) In general.--It shall''; and
(4) by adding at the end the following:
``(B) Prohibition on members of congress and
executive branch officials trading event contracts.--It
shall be unlawful for any Member of Congress (as
defined in section 2 of the STOCK Act (5 U.S.C. 13101
note; Public Law 112-105)), the President, the Vice
President, or any officer or employee described in
sections 5312 through 5316 of title 5, United States
Code, to enter into an event contract (as defined in
section 5c(d)(1)).''.
(b) Rules or Regulations.--The Commodity Futures Trading Commission
(referred to in this section as the ``Commission'') shall promulgate
such rules or regulations as the Commission determines to be
appropriate to carry out the amendments made by subsection (a).
(c) Review of Insider Trading.--The Commission shall--
(1) determine whether the rules and regulations of the
Commission relating to insider trading should be revised or
updated to require designated contract markets, swap execution
facilities, and futures commission merchants to establish
enhanced measures reasonably designed to detect and deter
insider trading involving event contracts (as defined in
subsection (d)(1) of section 5c of the Commodity Exchange Act
(7 U.S.C. 7a-2)); and
(2) implement any relevant revisions or updates resulting
from the determination under paragraph (1).
(d) Financial Literacy.--The Commission shall conduct, through the
Office of Customer Education and Outreach, financial literacy and
customer education activities specific to retail investor activity
related to event contracts (as defined in subsection (d)(1) of section
5c of the Commodity Exchange Act (7 U.S.C. 7a-2)).
SEC. 4. INNOVATION ADVISORY COMMITTEE.
Section 2(a) of the Commodity Exchange Act (7 U.S.C. 2(a)) is
amended by adding at the end the following:
``(16) Innovation advisory committee.--
``(A) In general.--There is established the
Innovation Advisory Committee (referred to in this
paragraph as the `Committee')--
``(i) to facilitate discussion and
communication on matters of concern to
exchanges, firms, end-users, and regulators
regarding innovation in the derivatives and
commodity market and the regulation of those
markets by the Commission; and
``(ii) to advise the Commission on the
matters described in clause (i).
``(B) Members.--The Commission shall appoint
members to the Committee with a wide diversity of
opinions relating to the matters described in
subparagraph (A)(i) and who represent a broad spectrum
of interests, including--
``(i) market makers;
``(ii) derivative end-users;
``(iii) futures commission merchants; and
``(iv) market operators.
``(C) Activities.--The Committee shall--
``(i) conduct public meetings at such
intervals as are necessary to carry out the
functions of the Committee, but not less
frequently than 2 times per year;
``(ii) submit reports and recommendations
to the Commission; and
``(iii) otherwise facilitate discussion and
communication on the matters described in
subparagraph (A)(i).
``(D) Terms.--Members of the Committee shall be
appointed to 3-year terms, but may be removed for cause
by vote of the Commission.
``(E) Reimbursements.--A member of the Committee
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees
of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or
regular places of business in the performance of
services for the Committee.
``(F) Chapter 10 of title 5, united states code.--
The Committee shall not be subject to chapter 10 of
title 5, United States Code.
``(G) Termination.--The Commission may terminate
the Committee if the Commission determines that such
termination is appropriate.''.
SEC. 5. STUDIES.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the
Commodity Futures Trading Commission.
(2) Event contract.--The term ``event contract'' has the
meaning given the term in subsection (d)(1) of section 5c of
the Commodity Exchange Act (7 U.S.C. 7a-2).
(b) Study on Event Contracts.--
(1) Study.--The Commission shall conduct a study on event
contracts that includes--
(A) the size and structure of event contract
markets;
(B) the growth of event contract listings by
contract markets designated under the Commodity
Exchange Act (7 U.S.C. 1 et seq.) and swap execution
facilities (as defined in section 1a of that Act (7
U.S.C. 1a));
(C) the characteristics of the market structure and
liquidity formation in event contracts related to--
(i) weather;
(ii) technology;
(iii) science;
(iv) economics;
(v) government data;
(vi) cultural events;
(vii) political events;
(viii) sports; or
(ix) a particular word or phrase to be
potentially mentioned by one or more persons in
an oral or written statement, speech, briefing,
address, or other form of communication;
(D) the types of trader or intermediary conduct
unique to event contracts and markets that should be
closely monitored or given special consideration; and
(E) the provisions of the Commodity Exchange Act (7
U.S.C. 1 et seq.) that prohibit fraud, manipulation,
disruptive trading, or other similar conduct and apply
to activities outside the United States related to
event contracts.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Commission shall submit to Congress
and publish on a publicly available website of the Commission a
report on the findings of the study required under paragraph
(1).
(c) Joint Securities and Exchange Commission and Commodity Futures
Trading Commission Study.--
(1) Study.--The Securities and Exchange Commission and the
Commission shall conduct a joint study on event contracts that
includes--
(A) the nature of event contracts that could be in
the jurisdiction of the Securities and Exchange
Commission;
(B) the harmonization efforts of the Securities and
Exchange Commission and the Commission relevant to
event contracts; and
(C) the nature, size, role, and use of
decentralized blockchain applications to offer event
contracts.
(2) Report.--Not later than 15 months after the date of
enactment of this Act, the Commission shall submit to Congress
and publish on a publicly available website of the Commission a
report on the findings of the study required under paragraph
(1).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS; FUNDING FOR EVENT CONTRACT
OVERSIGHT.
(a) In General.--There is authorized to be appropriated to the
Commodity Futures Trading Commission $30,000,000 for each fiscal year
of 2027 through 2031, to remain available until expended, for the
purposes of--
(1) implementing this Act and the amendments made by this
Act; and
(2) developing policies, rules, and guidance relating to
event contracts.
(b) Use of Funds.--Amounts made available pursuant to subsection
(a) may be used for--
(1) oversight, supervision, and enforcement of event
contract markets;
(2) rulemakings, reviews, and determinations required under
subsection (d) of section 5c of the Commodity Exchange Act (7
U.S.C. 7a-2);
(3) the studies and reports required under section 5;
(4) the establishment and operation of the Office of the
Retail Advocate under subsection (d)(6) of section 5c of the
Commodity Exchange Act (7 U.S.C. 7a-2); and
(5) the development of technological, surveillance, and
data analysis capabilities of the Commodity Futures Trading
Commission.
(c) Definition of Event Contract.--In this section, the term
``event contract'' has the meaning given the term in subsection (d)(1)
of section 5c of the Commodity Exchange Act (7 U.S.C. 7a-2).
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