Hearings to examine tracking prediction markets' exponential growth, focusing on tribal implications and beyond

Digital Assets and Bank RegulationSenate Indian Affairs · August 4, 2026 · 119th Congress
The Senate Indian Affairs Committee convened this roundtable to examine the rapid growth of prediction markets — platforms offering event contracts on sports and other outcomes — and their implications for tribal gaming revenue, sovereignty, and consumer protection. Begins at ▶ 0:18:36
Transcript
Highlights

Title

Prediction markets, sports betting, and tribal gaming law and revenue

Purpose

The Senate Indian Affairs Committee convened this roundtable to examine the rapid growth of prediction markets — platforms offering event contracts on sports and other outcomes — and their implications for tribal gaming revenue, sovereignty, and consumer protection. Tribal leaders, a state solicitor general, and a gambling-addiction recovery advocate discussed whether these products constitute unregulated sports betting that bypasses the Indian Gaming Regulatory Act (IGRA) and state gaming compacts, and what Congress and the CFTC should do about it. Begins at▶ 0:18:36

Who spoke

• Chair Lisa Murkowski (R-AK)▶ 0:18:36: Opened by noting she was "asleep at the switch" on prediction markets▶ 0:19:25, cited 5 million-plus monthly active users on one platform▶ 0:19:51 and $46.2 billion in FY2025 tribal gaming revenue at stake▶ 0:22:18; later pressed witnesses on whether IGA has data on revenue impacts▶ 1:04:42 and on a possible D5-section loophole in Agriculture Committee CLARITY Act language▶ 1:33:46.

• Sen. Brian Schatz (D-HI), Vice Chairman▶ 0:23:35: Quoted a Ninth Circuit judge saying prediction markets "look like gambling"▶ 0:23:59, argued they are a workaround of IGRA that could "eviscerate" tribal budgets▶ 0:25:25, and asked witnesses for the one thing Congress should do in the short run▶ 1:06:38.

• Sen. John Boozman (R-AR)▶ 0:27:02: Welcomed the panel and later cautioned against attaching prediction-market fixes to the Farm Bill, calling that a conflation of unrelated issues▶ 1:14:17, while voicing sympathy for the tribal case▶ 1:15:20.

• A committee member (from a gaming state)▶ 0:27:15: Said tribes want to preserve their existing right to regulate gaming rather than see it displaced by the CFTC▶ 0:27:46.

• Tehassi Hill, Vice Chairman, Indian Gaming Association / Chairman, Oneida Nation▶ 0:29:20: Said tribes invest $450 million a year and employ 6,000 regulators overseeing gaming▶ 0:30:35, that Indian gaming generated 682,000 jobs in 2025▶ 0:30:08, and urged passage of S.4160, the Prediction Markets Are Gambling Act▶ 0:33:37; later noted prediction-market growth of over 2000% year-over-year versus 4-5% tribal gaming growth▶ 1:09:50.

• Mark Macarro, President, NCAI / Tribal Chair, Pechanga Band▶ 0:34:26: Argued Congress never intended CFTC to preempt IGRA, citing 2010 Dodd-Frank colloquy between Sens. Lincoln and Feinstein▶ 0:36:40 and Sen. Chris Dodd's recent statement that lawmakers had no intention of making CFTC a "national gambling regulator"▶ 0:38:15; noted $1.5 billion wagered on the Super Bowl through Kalshi alone▶ 0:37:53 and estimated at least a 5% tribal gaming revenue hit in California▶ 1:10:27.

• Jamie Hummingbird, Chairman, National Tribal Gaming Commissioners and Regulators▶ 0:43:24: Said Nevada's Gaming Control Board accepted FanDuel's and DraftKings' withdrawal of sports-wagering license applications amid prediction-market pursuits▶ 0:46:07; said there are no repercussions if a company like Kalshi violates consumer protections, unlike tribal operators who can lose licenses▶ 1:23:36; described 15-year-olds opening accounts to wager using a parent's debit card▶ 1:22:24.

• Mathura Sridharan, Solicitor General, State of Ohio▶ 0:50:59: Said Ohio has led a 44-state coalition responding to CFTC's proposed rulemaking▶ 0:51:41, argued gambling markets need a different regulator than commercial derivatives markets▶ 0:53:36, and recommended Congress clarify by statute that sports wagers are not a Commodity Exchange Act instrument▶ 0:56:31.

• Dr. Harry Levant, Director of Gambling Policy, Public Health Advocacy Institute▶ 0:57:41: Described his own gambling addiction, 2015 guilty plea to 13 financial felonies, and a suicide attempt▶ 0:58:06; said six of his recovery-group clients returned to gambling via prediction markets in three months▶ 1:03:13; called for minimum federal safety standards under Congress's plenary authority▶ 1:03:39, and urged Congress to put sports league commissioners under oath over data-selling deals, citing the Mets' new prediction-market contract▶ 1:08:16.

• Sen. Tina Smith (D-MN) [0:52:52 correction—0:08:52 error]: (see below)

• Sen. Tina Smith (D-MN)▶ 0:08:44: Cited AGA data estimating roughly $1 billion in lost state and tribal gaming revenue▶ 1:09:15; proposed clarifying via the CLARITY Act or Farm Bill that the CFTC does not preempt IGRA or tribal-state compacts▶ 1:10:59.

• Sen. Catherine Cortez Masto (D-NV)▶ 1:15:21: Asked whether market-structure legislation for cryptocurrency could open a loophole for prediction markets▶ 1:15:54; pressed on what happens if Kalshi violates the rules versus a tribal casino, drawing out that there is currently no repercussion for Kalshi▶ 1:23:33; noted Nevada courts have temporarily banned Kalshi as indistinguishable from traditional sports betting▶ 1:20:06.

• A committee member (follow-up questioner)▶ 1:33:18: Pressed on the "D5" exemption language in the Agriculture Committee's bill, asking whether it would create a gambling loophole absent clarifying language, and got agreement from witnesses that it would▶ 1:34:19.

• Nathan, Agriculture Committee staff▶ 1:44:18: Said the language used in the Ag portion tracks the House CLARITY Act text and is intended to be limited to spot markets, offering to share it with committee staff▶ 1:44:41.

Key moments

• Murkowski said tribal gaming generated a record $46.2 billion in gross gaming revenue in FY2025 and an estimated $110 billion in broader U.S. economic output▶ 0:22:18.

• Hill said prediction markets have "manipulated a weak regulatory agency" to offer nationwide online sports gambling to those as young as 18 without age verification or problem-gambling safeguards▶ 0:29:41▶ 0:31:59.

• Macarro cited $1.5 billion wagered on the Super Bowl through Kalshi's platform alone this year, and quoted Dodd-Frank author Sen. Chris Dodd stating Congress had no intention of turning CFTC into a national gambling regulator▶ 0:37:53▶ 0:38:15.

• Hummingbird testified Nevada's Gaming Control Board accepted FanDuel's surrender of approvals and DraftKings' withdrawal of pending sports-wagering applications amid their prediction-market pursuits▶ 0:46:07.

• Dr. Levant disclosed his 2015 guilty plea to 13 financial felonies tied to gambling addiction and a suicide attempt the night of his court appearance, and said six recovery-group clients relapsed via prediction markets in the last three months▶ 0:58:06▶ 1:03:13.

• Cortez Masto established that tribal casinos can lose their licenses for regulatory violations while Kalshi currently faces "none"▶ 1:23:18▶ 1:23:36.

• Hill said prediction-market volume grew over 2000% year-over-year, compared with 4-5% growth in tribal gaming revenue▶ 1:09:50.

• Macarro cautioned that aggregate tribal gaming revenue reports mask declines at existing facilities because new tribal casinos opening each year inflate the totals, and proposed same-facility year-over-year comparisons instead▶ 1:29:07.

• Murkowski and a colleague scrutinized "D5" exemption language in the Agriculture Committee's bill draft, with witnesses agreeing it could create a loophole allowing prediction markets and other unregulated gambling nationwide absent clarifying language▶ 1:34:19▶ 1:36:49.

• Sridharan said 44 states, including Ohio, have filed briefs and CFTC comments arguing prediction-market sports contracts are gambling subject to state authority under Murphy v. NCAA▶ 0:51:41▶ 0:52:05.

Metadata

CommitteeSenate Indian Affairs
Chamber / CongressSenate · 119th Congress
DateAugust 4, 2026
TypeOpen Hearing
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript230 caption blocks · 11,822 words · 1:45:49 runtime
EventCongress.gov 338697