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Facial Recognition to Protect Children Act

Introduced Jul 15, 2026 · Last action Jul 15, 2026 Referred to the Committee on Agriculture, and in addition to the Committee on Energy and Commerce, 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.

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Summary

This legislation is called the Facial Recognition to Protect Children Act. It is being reviewed by a committee.

Full bill text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9706 Introduced in House (IH)]

<DOC>

119th CONGRESS
  2d Session
                                H. R. 9706

To require operators of wagering or prediction market platforms to use
   facial recognition technology to verify the age of users of such
    wagering or prediction market platforms, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2026

 Mr. Gottheimer (for himself, Mr. Van Drew, Mr. Panetta, Mr. Soto, Mr.
Torres of New York, Mr. Bresnahan, Ms. McDonald Rivet, Mr. LaLota, Mr.
  Suozzi, and Mr. Westerman) introduced the following bill; which was
   referred to the Committee on Agriculture, and in addition to the
   Committee on Energy and Commerce, 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 require operators of wagering or prediction market platforms to use
   facial recognition technology to verify the age of users of such
    wagering or prediction market platforms, 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 ``Facial Recognition to Protect
Children Act''.

SEC. 2. AGE VERIFICATION REQUIREMENT FOR WAGERING OR PREDICTION MARKET
              PLATFORMS.

    (a) Prohibition.--
            (1) In general.--A wagering operator or a prediction market
        platform operator may not permit a user to access a wagering or
        prediction market platform under the control of the wagering
        operator or the prediction market platform operator, or accept
        a wager, in the case of a wagering operator, or place an order,
        in the case of a prediction market operator, from such user,
        that the wagering operator or the prediction market platform
        operator has not verified, using commercially available facial
        recognition technology, has attained more than 18 years of age.
            (2) Data minimization.--
                    (A) Limitation.--In verifying the age of a user
                pursuant to paragraph (1), a wagering operator or a
                prediction market platform operator may not collect,
                process, or transfer the covered data of a user beyond
                what is reasonably necessary, proportionate, and
                limited to the purposes for verifying the age of the
                user.
                    (B) Deletion required.--A wagering operator or a
                prediction market platform operator shall delete any
                covered data collected with respect to a user that the
                wagering operator or the prediction market platform
                operator determines is not necessary for compliance
                with the requirements of this subsection.
    (b) Enforcement by Federal Trade Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of
        subsection (a) (or a regulation promulgated under such section)
        shall be treated as a violation of a regulation under section
        18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
        57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
            (2) Powers of commission.--The Commission shall enforce
        subsection (a) (and any regulations promulgated under such
        sections) in the same manner, by the same means, and with the
        same jurisdiction, powers, and duties as though all applicable
        terms and provisions of the Federal Trade Commission Act (15
        U.S.C. 41 et seq.) were incorporated into and made a part of
        this Act. Any wagering operator or prediction market platform
        operator that violates such sections (or any regulations
        promulgated under such sections) shall be subject to the
        penalties and entitled to the privileges and immunities
        provided in the Federal Trade Commission Act.
            (3) Regulations.--The Commission may promulgate, pursuant
        to 553 of title 5, United States Code, any regulations the
        Commission determines necessary to carry out the provisions of
        this Act.
    (c) 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).''.
    (d) Definitions.--In this section:
            (1) 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.
            (2) Covered data.--The term ``covered data'' means
        biometric data that--
                    (A) identifies a user; or
                    (B) is reasonably linkable to the identity of a
                user.
            (3) 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--
                    (A) 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) of the Commodity Exchange Act (7
                U.S.C. 1a)); and
                    (B) listed by a designated contract market or swap
                execution facility.
            (4) Occurrence.--The term ``occurrence'' means something
        that happens, such as an event, including the outcome of
        another event.
            (5) Wager.--The term ``wager'' has the meaning given such
        term in section 5362 of title 31, United States Code.
            (6) Wagering operator.--The term ``wagering operator''
        means--
                    (A) a licensed gaming facility that offers sports
                wagering; and
                    (B) an interactive sports wagering platform.
                                 <all>

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Status

In Committee

  1. 1Introduced
  2. 2Committee
  3. 3Floor
  4. 4Passed
  5. 5Signed

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