Clarity Act (H.R.3633) signed into law in 2026?
I think the market is a bit too optimistic on passage, but the chance of the Clarity Act becoming law in 2026 is still meaningful given the amount of time left and the political salience of crypto regulation. My estimate is 22% for Yes.
Analysis
As of September 10, 2026, the Clarity Act still needs to clear both chambers and receive the president’s signature before year-end, which is a demanding legislative path even for a high-priority bill. The current market price of 16.5% for Yes suggests traders see a low but non-trivial chance, and that feels directionally right because there is still enough time for a late-session deal, especially if leadership decides to bundle crypto market structure reform into a larger must-pass legislative vehicle. At the same time, the remaining calendar is not generous, and any serious disagreement over jurisdiction, investor protections, stablecoin treatment, or enforcement authority could easily push the bill past the deadline.
The strongest argument for passage is that digital asset policy has become increasingly important, and Congress often moves faster when industry lobbying, market volatility, and electoral incentives all align. If the bill already has a defined number, a known policy framework, and cross-party champions, it could benefit from being framed as a needed market-structure clarification rather than a niche crypto bill. A late breakthrough is plausible if the House and Senate can agree on a narrower compromise version, and if leadership wants to claim a legislative win in an area with substantial private-sector support. Still, the most common failure mode for bills like this is not outright rejection but delay, as competing priorities crowd the floor calendar and unresolved details remain politically costly to settle.
Against the Yes outcome, the main issue is that enactment requires sequential success in two chambers plus signature, and that process is especially fragile when there are only a few months left. Even if one chamber has already acted, the other chamber may amend the bill in ways that force a conference or further negotiation, which can consume precious time. The present market appears to assume that passage is unlikely, and the large event volume suggests the price may be fairly efficient, although there is room for sentiment to underprice a genuine late-session legislative push. My overall view is that Yes is possible, but still more likely than not to fail because the path to enactment is narrow and dependent on legislative urgency that is hard to count on this late in the year.
Arguments
For
- Arguments for Yes: Congress sometimes advances major crypto legislation when industry pressure and bipartisan interest align.
- Arguments for Yes: A narrower compromise or attachment to must-pass legislation could allow the bill to clear quickly late in the session.
Against
- Arguments against Yes: The bill still faces a full bicameral process, and any delay materially reduces the odds before year-end.
- Arguments against Yes: Crypto legislation often attracts competing amendments and jurisdictional fights that slow or derail final passage.
Key drivers
- The bill must still pass both chambers and receive presidential approval before the end of 2026.
- Crypto market-structure reform has enough political salience to attract attention if leadership wants a legislative win.
- Late-session congestion and unresolved policy disputes make congressional action difficult on a fixed deadline.
Risk factors
- The bill could stall in committee or fail to reach the floor before time runs out.
- Differences between House and Senate versions could require negotiations that push enactment past 2026.
Scenarios
Best case
Congress uses a year-end legislative vehicle to advance a compromise version quickly, both chambers approve it with minimal delay, and the president signs it before December 31, 2026.
Most likely
The bill continues to generate discussion but does not complete all required legislative steps in time, leaving it unresolved or deferred past the deadline.
Worst case
The bill remains bogged down in committee or partisan negotiations, no final bicameral agreement is reached, and the measure expires without becoming law.
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