Legality · lesson 09 of 12

The CLARITY Act and prediction markets: what the bill says and what Polymarket prices

The CLARITY Act (H.R. 3633) is the crypto market-structure bill that splits oversight of digital assets between the SEC and the CFTC. It says nothing about prediction markets. People search for it alongside Polymarket because Polymarket runs a market on whether it becomes law in 2026.

What the CLARITY Act is

The Digital Asset Market Clarity Act of 2025 was introduced on 29 May 2025 by Rep. French Hill (R-AR). Its official title describes its aim: “to provide for a system of regulation of the offer and sale of digital commodities by the Securities and Exchange Commission and the Commodity Futures Trading Commission” (Congress.gov, H.R. 3633).

In practice, it decides when a crypto token is a security for the SEC and when it is a “digital commodity” for the CFTC. It also sets registration rules for exchanges, brokers and dealers in those commodities, and creates exclusions for some decentralised-finance activity. The House version adds a title barring a US central bank digital currency (House-passed text).

Where the bill stands

Date

Step

29 May 2025

Introduced in the House

23 Jun 2025

Reported by the House Agriculture and Financial Services committees

17 Jul 2025

Passed the House 294–134 (Republicans 216–0, Democrats 78–134)

18 Sep 2025

Received in the Senate; referred to the Banking Committee

14 May 2026

Senate Banking approved a rewritten version

1 Jun 2026

Reported to the Senate floor (Calendar No. 423)

15 Sep 2026

Cloture on the motion to proceed failed 49–50; a motion to reconsider was entered

Sources: House roll call 199 and the official bill status record. No later action is recorded as of 9 November 2026. The Senate Agriculture Committee, which covers the CFTC side, has its own bill, the Digital Commodity Intermediaries Act (S. 4064), also waiting on the Senate calendar. Part of the Senate Banking version carries the short title “Lummis-Gillibrand Responsible Financial Innovation Act of 2026” (Senate text).

Does the CLARITY Act cover prediction markets?

No. We searched the full text of all five versions of H.R. 3633, and the Senate Agriculture bills, for “event contract”, “prediction”, “sport” and “wager”. None of those terms appears in the sense that matters. The bill does amend section 5c of the Commodity Exchange Act, the section that holds the CFTC’s special rule for event contracts. But it adds a new rule for contracts “based on or references a digital commodity” and leaves the event-contract rule untouched.

The House version goes further and says the act shall not “affect or apply to” futures, options and swaps already covered by the Commodity Exchange Act. Kalshi’s and Polymarket US’s contracts are traded under those existing rules. The fight over whether states can regulate sports contracts is happening in the courts and at the CFTC, which in October 2026 proposed defining event contracts as swaps. Follow it in our regulation tracker.

The bill matters to crypto-based venues only indirectly. It treats stablecoins and token classification, and it excludes some DeFi software from CFTC registration. It never names a prediction market.

The bills that do target prediction markets

Several bills in this Congress aim at event contracts directly. As of 9 November 2026, none had moved beyond referral to committee:

  • Event Contract Enforcement Act (H.R. 7840, Rep. Blake Moore, R-UT): would ban event contracts on gaming, including sports, unless a state expressly permits them, and on elections and government actions.
  • Fair Markets and Sports Integrity Act (H.R. 7477, Rep. Dina Titus, D-NV): would ban sports and casino-style event contracts on CFTC-regulated exchanges.
  • Prediction Markets Are Gambling Act (S. 4160, Sen. Adam Schiff, D-CA, with Sens. Curtis and Cortez Masto): would ban sports and casino-style contracts and say federal law does not preempt state law.
  • STOP Corrupt Bets Act (H.R. 8123 and S. 4226): would ban contracts on elections, government actions, sports and military action.

What Polymarket’s CLARITY Act market is betting on

Polymarket’s main market asks: “Clarity Act (H.R.3633) signed into law in 2026?” It resolves Yes if the bill “is passed by both chambers … and signed into law by December 31, 2026, 11:59 PM ET”, with Congress.gov as the resolution source. On 9 November 2026 the best bid was 2.3¢ and the best ask 2.4¢, about a 2% implied chance, on roughly $25 million of total volume.

Related Polymarket markets ask whether any crypto market-structure law passes in 2026, and how many senators will vote for the bill. Earlier markets on Senate passage by dates in September and October resolved No. Kalshi also lists markets on the bill, but its data terms do not allow us to show its prices. Prices move; check the market itself before relying on any figure here. How Polymarket works and what it charges: Polymarket review.

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Common questions

What is the CLARITY Act?

The Digital Asset Market Clarity Act (H.R. 3633) is a crypto market-structure bill. It divides oversight of digital assets between the SEC and the CFTC and sets registration rules for crypto exchanges, brokers and dealers.

Has the CLARITY Act passed?

Not into law. It passed the House 294–134 on 17 July 2025. In the Senate, cloture on the motion to proceed failed 49–50 on 15 September 2026, and no later action was recorded as of 9 November 2026.

Does the CLARITY Act affect prediction markets like Polymarket or Kalshi?

Not directly. No version of the bill text mentions prediction markets, event contracts or sports contracts, and the House version says it does not affect futures, options and swaps already under the Commodity Exchange Act.

What are the odds the CLARITY Act becomes law in 2026?

On 9 November 2026 Polymarket’s market on it being signed into law by 31 December 2026 traded at about 2% Yes (bid 2.3¢, ask 2.4¢). Prices change, so check the market for the current figure.

Is there a bill to ban prediction markets?

Several bills would ban some event contracts, such as H.R. 7840 (sports unless a state permits them, elections) and S. 4160 (sports and casino-style contracts). None had moved past committee referral by 9 November 2026.