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After Tuesday's Hearing, Congress Looks Ready to Legislate on Prediction Markets — Not Just Watch

The House Agriculture Subcommittee held a two-hour hearing on 22 July examining sports event contracts, with witnesses from the American Gaming Association, tribal gaming, and both sides of the CFTC authority debate. Chair Dusty Johnson said Congress 'cannot afford to be silent' and signalled there is 'work for them to do.' Witnesses urged members to advance H.R. 7840, the Event Contract Enforcement Act, which would ban sports event contracts outright.

The House Agriculture Subcommittee on Commodity Markets, Digital Assets, and Rural Development held a two-hour hearing on 22 July titled 'Examining Customer Protections and Market Integrity in Sports Event Prediction Markets.' Subcommittee Chair Dusty Johnson (R-SD) said it is 'abundantly clear that Congress cannot afford to be silent' on the issue, and closed by saying there is 'work for them to do.' It is the clearest signal yet from a committee chairman with jurisdiction over the CFTC that legislative action is now likely, not hypothetical.

Witnesses called for Congress to advance H.R. 7840, the Event Contract Enforcement Act, which would ban sports event contracts nationwide — a statutory resolution that would supersede both the CFTC's proposed rule (whose comment window closes 27 July) and all ten active state lawsuits. Rep. Jill Tokuda (D-HI) was the session's bluntest voice: 'This is gambling. It's gambling.' Former CFTC attorneys Robert Schwartz and Carl Kennedy argued the opposite — that the CFTC already has the statutory authority it needs and that new legislation would disrupt a regulatory framework that is working. No representative from Kalshi, Polymarket, or any other prediction market platform testified.

For UK readers, the H.R. 7840 scenario is the one that matters most: if Congress were to ban sports event contracts, it would confirm that the US federal regulatory pathway for prediction markets is narrower than it appeared. That would slow any potential transatlantic expansion, since UK regulators and the FCA tend to follow the direction of US regulatory precedent in novel product categories. Conversely, if Congress passes legislation explicitly authorising CFTC oversight of sports event contracts, it would be the strongest possible signal that prediction markets are a permanent, federally sanctioned product class — and a strong argument for a UK regulatory framework to follow.

The hearing adds a third active front to a fight already being waged in ten state courts and through the CFTC's own rulemaking. The prediction markets sector now has to manage a congressional timeline alongside the judicial one. Chair Johnson stopped short of endorsing any specific bill, and the Republican majority has been more sympathetic to CFTC authority than Democrats. But the language from the chair — 'Congress cannot be silent', 'there is work to do' — marks a shift from the committee's prior posture of observation toward something closer to intent.

Recent updates


Utah Files Felony Charges Against Kalshi and Its Founders — Second State to Criminally Charge a Platform

Utah filed criminal charges against Kalshi and its two co-founders, Tarek Mansour and Luana Lopes Lara, on October 28 — 13 felonies and a misdemeanour, including a second-degree 'pattern of unlawful criminal activity' count and 12 counts of online gambling promotion. The charges stem from a September sting in which an undercover agent placed 12 sports wagers verified to be in Utah. The CFTC sued Utah the day before to block state enforcement, its tenth such suit. Utah is the second state after Arizona to criminally charge Kalshi, and the first to charge the founders personally. Kalshi called it a 'crazy overreach.'

NBA Names Kalshi and Polymarket Preferred Exchanges — Leaving the NFL Alone in Opposition

The NBA announced on October 26 that it has named Kalshi and Polymarket its 'preferred prediction market exchanges,' signed a non-binding memorandum of understanding with the CFTC on basketball integrity, and expanded its DraftKings deal to include prediction markets — the first league to extend a sportsbook partnership into the category. The exchange deals bar league and team personnel from trading NBA contracts, limit permissible markets, and require sharing suspicious-trading data, in exchange for NBA intellectual property and official data. The NBA joins MLB, the NHL, and MLS as partnered leagues, leaving the NFL as the lone major holdout — and the only league fighting the platforms in court.

CFTC Chair Says Agency Is Watching Prediction Markets for Manipulation Ahead of Midterms

CFTC Chairman Michael Selig said on October 23 that the agency is closely monitoring prediction markets for manipulation ahead of the November 3 midterms, and that it is separately scrutinising oil market trading tied to President Trump's announcements about the war in Iran. Combined midterm open interest on Kalshi and Polymarket stood at $250 million as of October 18, with Kalshi holding 84%. Selig acknowledged the agency often catches political figures trading 'oftentimes after the fact.' The remarks highlight the CFTC's dual role as both the platforms' federal protector and their manipulation watchdog.