TLDR
- The CLARITY Act clarifies CFTC and SEC jurisdiction over digital assets.
- The House passed the act with a 294–134 vote in July 2025.
- Senate vote on January 15, 2026, will shape future regulations.
The upcoming CLARITY Act vote on January 15, 2026, is a significant event led by key U.S. congressional leaders in digital assets, including Rep. French Hill, Sen. Tim Scott, and Sen. Cynthia Lummis. The act, H.R. 3633, primarily targets digital commodities like BTC and ETH, seeking to clarify regulatory jurisdiction between the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC).
This legislation follows a series of prior developments, such as the GENIUS Act, which established a regulatory framework for payment stablecoins. The CLARITY Act aims to provide further clarity and structure to digital commodity markets by granting the CFTC exclusive jurisdiction over spot markets. This move is expected to influence trading, custody, and fund compliance.
Key Proponents and Legislative Journey
Rep. French Hill, a veteran financial services legislator, introduced the CLARITY Act on May 29, 2025. The bill swiftly advanced through the House Financial Services and Agriculture Committees and passed the House vote by a margin of 294–134 on July 17, 2025. It has since moved to the Senate, where prominent figures like Sen. Scott and Sen. Lummis are driving the discussions forward.
Sen. Tim Scott views the House version as a "strong template" for Senate legislation, while Sen. Cynthia Lummis released a discussion draft for public feedback on July 22, 2025. Both are engaged in shaping the regulatory environment, having previously co-authored other digital asset bills.
Regulatory Changes and Implications
The CLARITY Act proposes significant regulatory adjustments. By design, it aims to delineate jurisdiction between the CFTC and SEC, enhancing the structure for digital asset exchanges and broker-dealers. The act does not allocate specific funding but restructures the regulatory landscape, offering a clearer path for traditional financial institutions to engage in crypto markets.
This proposed legislation extends CFTC regulation over “commodity pools” in digital asset markets, impacting funds that include digital commodities like BTC and ETH. Industry observations suggest this could stimulate institutional engagement in these markets as regulatory clarity increases.
Impact on Digital Commodities and DeFi
Assets traded in U.S. spot markets, such as BTC and ETH, are expected to be directly affected by the proposed act. The SEC retains oversight over assets classified as securities, including many ICO tokens. Consequently, the CLARITY Act has notable implications for digital commodities and is expected to delineate clearer operational frameworks.
DeFi governance tokens and protocols with U.S. user interactions will also be influenced under the new market structure regime. This includes potential know-your-customer obligations on DeFi platforms and surveillance requirements on stablecoins to prevent GENIUS Act evasion.
Institutional and Market Reactions
The institutional landscape, particularly among U.S. banks and financial entities, is closely monitoring the developments of the CLARITY Act. These entities anticipate that the act could facilitate more straightforward entry into digital commodity custody and trading operations. Additionally, the restructuring would abolish certain capital requirements, making crypto custody more commercially viable for large banks.
Guy, host of the widely followed Coin Bureau channel, highlighted potential concerns, remarking on the power shift towards large institutions like BlackRock and JPMorgan. His analysis underscores broader apprehensions about overarching control by traditional financial giants.
“Everyone’s hyped about the Clarity Act, but behind the bullish headlines lies a dangerous truth. This bill, along with the GENIUS Act, could hand control of the crypto ecosystem to Wall Street giants like BlackRock and JPMorgan.”
Guy, Host, Coin Bureau
Votes and Future Considerations
The progression of the CLARITY Act marks a pivotal moment in regulatory oversight of digital commodities in the U.S. The January 15 Senate Banking Committee vote will determine how this framework proceeds and sets the stage for a possible Senate floor vote.
The outcomes will likely affect trading practices and compliance structures, marking a profound evolution in the regulation of digital assets. Market participants await further developments, with industry leaders closely watching every step to adapt their strategies accordingly.
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