CLARITY Act Could Bolster CFTC Prediction-Market Oversight, Lawyer Says
US prediction markets have expanded rapidly, intensifying a jurisdictional fight over event contracts offered by platforms including Kalshi and Polymarket. Commodity Futures Trading Commission Chair Michael Selig maintains that such contracts are swaps under the agency’s exclusive authority, while several states have pursued lawsuits tied to sports wagering. The debate carries added weight because Selig is the CFTC’s only Senate-confirmed commissioner, leaving a regulator normally led by a five-member panel facing questions about its capacity and enforcement resources.
At a July 21, 2026, hearing of the House Agriculture Committee’s Subcommittee on Commodity Markets, Digital Assets, and Rural Development, Katten Muchin Rosenman partner Carl Kennedy said the CFTC was too short-staffed to oversee the sector fully. Kennedy said the Senate’s pending Digital Asset Market Clarity Act could provide additional authority, but argued that Congress should also supply resources for digital assets and prediction markets. Republican senators are seeking a vote before the August recess and said updated bill text would be released soon.
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The history behind this eventCLARITY Act’s Year-End Passage Odds Fall to Record-Low 32%
The CLARITY Act is intended to establish a US regulatory framework for digital assets and is a key piece of legislation governing the cryptocurrency and fintech markets. Its passage would give Web3 companies and digital asset trading clear compliance guidelines and directly shape the global fintech industry, drawing close attention from the blockchain sector, technology investors and Wall Street financial institutions worldwide.
The latest Polymarket data from July 2026 showed that the probability of the bill passing by year-end had fallen to a record low of 32%. The main obstacle is that US Democrats and Republicans have yet to agree on ethics provisions addressing government officials’ conflicts of interest involving digital assets. With Congress approaching its August recess, the legislative window before year-end continues to narrow, further dimming the bill’s prospects.
CFTC Chair Warns Regulators Will Write Crypto Rules if CLARITY Act Fails
U.S. cryptocurrency oversight has long remained murky, with the Commodity Futures Trading Commission and Securities and Exchange Commission vying for the lead role. The CLARITY Act before Congress seeks to establish clear market-structure rules and resolve enforcement disputes once and for all. Its passage will directly affect whether the United States retains influence over the global digital-asset financial system and prevents domestic companies from moving abroad because of regulatory uncertainty.
CFTC Acting Chairman Selig recently warned that regulators would write their own rules to fill the legal void if Congress fails to pass the CLARITY Act before its August recess this year. He said such an outcome would cost the United States its authority to set cryptocurrency rules and force U.S. companies to operate under overseas frameworks such as the European Union’s Markets in Crypto-Assets Regulation, or MiCA.
Jefferies Warns Senate Review of Clarity Act Will Fuel Crypto Market Volatility
The Clarity Act under consideration in the U.S. Congress aims to divide regulatory responsibilities for digital assets and establish clear rules for trading platforms, token issuers and institutional investors. Jefferies says enactment could accelerate institutional adoption of cryptocurrencies, while delays would allow regulatory uncertainty to continue driving cryptocurrency prices and blockchain-related stocks.
As of July 20, 2026, the Clarity Act had passed review by the U.S. Senate Banking Committee but still faced a compressed Senate calendar and political concerns. Jefferies warned that the outcome of the legislative process could amplify market volatility. The related reports disclosed no specific investment or transaction amounts and provided no date for a Senate vote.
US Senate Could Hold CLARITY Crypto Bill Markup as Early as Next Week
The CLARITY Act seeks to establish a US crypto-asset market structure framework and clarify the division of regulatory authority between the Securities and Exchange Commission and the Commodity Futures Trading Commission. If the bill reaches the full Senate, it would typically need at least 60 votes to advance, making bipartisan cooperation critical to its prospects of becoming federal law. Current polling shows that most voters support clear cryptocurrency rules.
Coinbase Vice President of Policy Kara Calvert said at Consensus 2026 that the Senate Banking Committee could take up the bill as early as the following week. The committee subsequently scheduled a markup for May 14 and voted to advance the CLARITY Act. The bill must still clear a full Senate vote, while lawmakers' dispute over crypto-asset ethics rules for government officials could affect the final timetable and bipartisan support.
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