S. 409Senate117th Congress (2021-2023)Enacted

A bill to provide for the availability of amounts for customer education initiatives and non-awards expenses of the Commodity Futures Trading Commission Whistleblower Program, and for other purposes.

Introduced February 24, 2021

AI-Generated Summary

Updated February 7, 2026 at 11:10 PM UTC

The bill creates a separate Treasury account to fund customer‑education initiatives and cover the administrative and personnel costs of the Commodity Futures Trading Commission (CFTC) Whistleblower Program. It permits the CFTC to transfer up to $10 million from its Customer Protection Fund into this account, making the money available without further appropriation until October 1, 2022, after which any unused funds revert to the original fund. The measure applies to the CFTC’s Whistleblower Office and Office of Customer Education and Outreach.

Key Provisions

  • Establishes a Treasury account dedicated solely to CFTC customer‑education initiatives and non‑award expenses of the Whistleblower Office.
  • Allows the CFTC to transfer up to $10 million from the Commodity Futures Trading Commission Customer Protection Fund into the new account.
  • Funds in the account can be obligated without additional congressional appropriation and must be used by October 1, 2022; any remaining balance returns to the original fund.
  • The CFTC may draw from the account only when the Customer Protection Fund’s unobligated balance is insufficient to cover those expenses.
  • Requires the CFTC to include account information in its regular reports to Congress under Section 23 of the Commodity Exchange Act.

Legislative Activity

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17 earlier actions
Became Law Latest Action

Became Public Law No: 117-25.

July 6, 2021

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SenateIntro Referral

Introduced in Senate

February 24, 2021

SenateIntro Referral

Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

February 24, 2021

SenateCommittee

Senate Committee on Agriculture, Nutrition, and Forestry discharged by Unanimous Consent.

May 28, 2021

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S3931-3932)

May 28, 2021

SenateFloor

Passed Senate with an amendment and an amendment to the Title by Unanimous Consent. (text of amendment in the nature of a substitute: CR S3932)

May 28, 2021

SenateFloor

Message on Senate action sent to the House.

May 28, 2021

HouseFloor

Received in the House.

June 1, 2021 • 3:03 PM

HouseFloor

Held at the desk.

June 1, 2021 • 3:31 PM

HouseFloor

Mr. Khanna moved to suspend the rules and pass the bill.

June 22, 2021 • 5:05 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H2986-2987; text: CR H2986)

June 22, 2021 • 5:07 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on S. 409.

June 22, 2021 • 5:07 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

June 22, 2021 • 5:12 PM

HouseFloor

Pursuant to the provisions of H. Res. 486, proceedings on S. 409 are considered vacated.

June 23, 2021 • 2:21 PM

SenateFloor

Passed/agreed to in House: Pursuant to section 11 of H. Res. 486, and the motion offered by Mr. McGovern, the following bills passed under suspension of the rules: H.R. 482; H.R. 704; H.R. 961, as amended; H.R. 1314; H.R. 2571, as amended; H.R. 2679, as amended; H.R. 2694; H.R. 2922, as amended; H.R. 3182; H.R. 3239; H.R. 3241, as amended; H.R. 3723; H.R. 3752; H.R. 3841; S. 409; and S. 1340.(consideration: CR H3026-3052; text: CR H3051)

June 23, 2021 • 2:21 PM

HouseFloor

Pursuant to section 11 of H. Res. 486, and the motion offered by Mr. McGovern, the following bills passed under suspension of the rules: H.R. 482; H.R. 704; H.R. 961, as amended; H.R. 1314; H.R. 2571, as amended; H.R. 2679, as amended; H.R. 2694; H.R. 2922, as amended; H.R. 3182; H.R. 3239; H.R. 3241, as amended; H.R. 3723; H.R. 3752; H.R. 3841; S. 409; and S. 1340. (consideration: CR H3026-3052; text: CR H3051)

June 23, 2021 • 2:21 PM

President

Presented to President.

June 28, 2021

Became Law

Signed by President.

July 6, 2021

Became Law

Became Public Law No: 117-25.

July 6, 2021

Floor Debate

6 members

What members said about S. 409 on the floor

3 Republicans3 Democrats
Michelle Fischbach
Rep. Michelle FischbachR-MN-7 · Jun 22, 2021

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in support of S. 409. I want to second what my colleague, the gentleman from California, has said about the…

Ro Khanna
Rep. Ro KhannaD-CA-17 · Jun 22, 2021

Mr. Speaker, I move to suspend the rules and pass the bill (S. 409) to provide for the availability of amounts for customer education initiatives and non-awards expenses of the Commodity Futures…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · May 28, 2021

Madam President, I ask unanimous consent that the Committee on Agriculture, Nutrition, and Forestry be discharged from further consideration of S. 409 and the Senate proceed to its immediate…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Jun 23, 2021

Mr. Speaker, pursuant to section 11 of House Resolution 486, I move to suspend the rules and pass H.R. 482, H.R. 704, H.R. 961,

H. Morgan Griffith
Rep. H. Morgan GriffithR-VA-9 · Jun 22, 2021

Mr. Speaker, on that I demand the yeas and nays.

Show 1 more
Matthew M. Rosendale, Sr.
Rep. Matthew M. Rosendale, Sr.R-MT · Jun 23, 2021

Mr. Speaker, on that I demand the yeas and nays.

Bill Text

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One Hundred Seventeenth Congress of the United States of America

1st Session

Begun and held at the City of Washington on Sunday, the third day of January, two thousand and twenty one

S. 409

AN ACT

To provide for the availability of amounts for customer education initiatives and non-awards expenses of the Commodity Futures Trading Commission Whistleblower Program, and for other purposes.

1.

Commodity Futures Trading Commission Whistleblower Program

(a)

In general

Notwithstanding any other provision of law, there is established in the Treasury a separate account (referred to in this section as the account), the amounts in which shall be available for the sole purposes of—

(1)

carrying out the activities described in section 23(g)(2)(B) of the Commodity Exchange Act (7 U.S.C. 26(g)(2)(B)) (referred to in this section as customer education initiatives); and

(2)

funding the administrative, programmatic, and personnel expenses of the Whistleblower Office and the Office of Customer Education and Outreach of the Commodity Futures Trading Commission (referred to in this section as the Commission) in carrying out section 23 of the Commodity Exchange Act (7 U.S.C. 26) (referred to in this section as non-awards expenses).

(b)

Transfers from Fund into account

(1)

In general

Notwithstanding any other provision of law, the Commission shall transfer up to $10,000,000 from the Commodity Futures Trading Commission Customer Protection Fund established under section 23(g)(1) of the Commodity Exchange Act (7 U.S.C. 26(g)(1)) (referred to in this section as the Fund) into the account.

(2)

Availability

Amounts transferred under paragraph (1) shall be available for obligation without further appropriation and remain available until October 1, 2022.

(3)

Remaining amounts

Amounts remaining in the account that are unobligated on October 1, 2022, shall be returned to the Fund.

(c)

Requirement for obligations

The Commission may make obligations from the account only when the unobligated balance of the Fund is insufficient to pay non-awards expenses and expenses for customer education initiatives due to awards that the Commission has ordered under section 23(b) of the Commodity Exchange Act (7 U.S.C. 26(b)).

(d)

Reports to Congress

The Commission shall include in each report required under section 23(g)(5) of the Commodity Exchange Act (7 U.S.C. 26(g)(5)) the same information with respect to the account as the Commission includes in the report with respect to the Fund, to the extent the information is relevant to the account.

Speaker of the House of Representatives

Vice President of the United States and President of the Senate