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The Clarity Act, officially titled the Digital Asset Market Clarity Act of 2025 (H.R. 3633 in the 119th Congress), is a major bipartisan U.S. legislative effort to create the first comprehensive federal regulatory framework specifically for digital assets (primarily cryptocurrencies and tokens, excluding stablecoins which were addressed in the separate GENIUS Act of 2025).
Introduced on May 29, 2025, by House Financial Services Committee Chairman French Hill (R-AR) and co-sponsored by a mix of Republicans and Democrats, the bill passed the U.S. House of Representatives on July 17, 2025, with strong bipartisan support (a 294-134 vote). It was then sent to the Senate, where it has been under consideration but faced delays and revisions.
Core Purpose and Why It Matters
For years, the U.S. crypto industry has operated in regulatory uncertainty due to overlapping (and sometimes conflicting) authority between the Securities and Exchange Commission (SEC) — which treats many tokens as securities — and the Commodity Futures Trading Commission (CFTC) — which views assets like Bitcoin as commodities. This has led to enforcement actions rather than clear rules, creating a "regulation-by-enforcement" environment that many in the industry criticize.
The Clarity Act aims to end this gray zone by:
Clearly dividing jurisdiction between the SEC and CFTC.
Providing registration pathways and rules for crypto intermediaries (exchanges, brokers, dealers).
Closing the "spot market gap" where non-security digital asset spot trading lacked dedicated oversight.
Balancing innovation, investor protection, and U.S. competitiveness in digital finance.
It also includes provisions related to anti-CBDC measures (prohibiting the Federal Reserve from issuing or using central bank digital currency for certain purposes without congressional approval) and affirms individuals' rights to self-custody their digital assets.
Key Provisions
Definitions and Classification
Introduces "digital commodity" as a new category: a digital asset whose value derives from a blockchain network (e.g., Bitcoin, Ethereum post-decentralization).
Excludes securities, derivatives, stablecoins, tokenized real-world assets, or NFTs/collectibles.
"Mature blockchain systems" (sufficiently decentralized) qualify digital commodities for lighter treatment.
Jurisdictional Split
CFTC gets exclusive jurisdiction over spot (cash) markets for digital commodities, including registration and oversight of:
Digital commodity exchanges (DCEs)
Digital commodity brokers (DCBs)
Digital commodity dealers (DCDs)
SEC retains authority over primary market offerings (e.g., initial sales as investment contracts) and certain activities on SEC-registered platforms (like broker-dealers or national securities exchanges).
Dual registration is allowed for some entities, with rules to avoid duplicative burdens and require conflict-of-interest policies.
Capital Raising and Secondary Markets
Creates tailored SEC exemptions for projects raising funds via digital commodities (with disclosures based on blockchain maturity).
Secondary trading of digital commodities (even if initially sold as investment contracts) is generally not treated as securities sales, allowing freer trading on compliant platforms.
Intermediary Requirements
Registration, customer asset segregation, qualified custodians, AML/KYC under the Bank Secrecy Act, disclosures, chief compliance officers, and anti-fraud/manipulation rules.
Provisional/expedited registration during implementation.
Banks can engage more directly (e.g., custody, trading) without certain balance sheet penalties.
Other Elements
Exempts certain DeFi activities and non-controlling blockchain developers.
Federal preemption over some state securities laws for digital commodities.
Joint SEC-CFTC rulemakings on mixed transactions and other details.
Current Status (as of January 20, 2026)
The bill passed the House in July 2025 and was received in the Senate in September 2025, referred to the Senate Banking, Housing, and Urban Affairs Committee.
Senate versions/builds (e.g., discussion drafts from Banking and Agriculture Committees) have incorporated elements but introduced changes (e.g., on DeFi carve-outs, token definitions, stablecoin overlaps).
A key Senate Banking Committee markup session scheduled for mid-January 2026 was postponed amid industry pushback (including from major players like Coinbase, who withdrew support over certain provisions seen as too restrictive or favoring SEC authority). No new date has been set, creating short-term uncertainty.
Progress could resume with amendments or reconciliation, but delays risk stalling before the 2026 midterms or requiring carryover to the next Congress.
If enacted, the Clarity Act would mark a shift from enforcement-heavy regulation to a structured, innovation-friendly framework — potentially boosting institutional adoption while enhancing protections. For now, it remains one of the most watched pieces of crypto legislation, with its fate hinging on Senate negotiations in the coming weeks/months.

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