S. 5161 — CFTC Whistleblower Protection and Program Improvement Act of 2026

This section increases the maximum balance of the Commodity Futures Trading Commission Customer Protection Fund to $300 million (from $100 million). It establishes a separate $10 million account within the Fund, funded first from deposits, for education initiatives and administrative expenses. It expands monetary sanctions to include bankruptcy distributions to the Commission or injured parties resulting from whistleblower information. It makes related actions include bankruptcy court proceedings. It makes Fund amounts available until expended.

This section expands whistleblower protections under the Commodity Exchange Act. It broadens the definition of whistleblower to cover individuals who report violations to supervisors or assist in related investigations. It prohibits additional forms of employer retaliation, including blacklisting and denial of awards; grants whistleblowers a jury trial right; applies the burden-of-proof standards from 5 U.S.C. 1221(e); doubles certain compensatory relief amounts; and requires the CFTC, within 360 days, to issue rules mandating that registered entities provide employees with individual notice, website postings, and mandatory training on whistleblower rights and remedies.

This section requires the Commodity Futures Trading Commission to issue a preliminary determination on a whistleblower award claim no later than the later of 1 year after the claim filing deadline or 1 year after final resolution of all related litigation. It permits the Director of the Division of Enforcement to extend that deadline by up to 180 days for complex claims or good cause and by one additional 180-day period with Commission approval, requires written notice to the whistleblower of any extension, and directs issuance of a final order within 1 year of the preliminary determination. These timelines apply only to claims filed after the date of enactment.

This section corrects references in the Commodity Exchange Act's whistleblower provisions by changing "the Act" to "this Act" in subsection (c)(1)(B)(i)(III) and updating a cross-reference from section 7064 to section 706 in subsection (f)(3).