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Editorial policyThe CLARITY Act (H.R. 3633) would assign CFTC jurisdiction over digital commodity spot markets (including Bitcoin and Ethereum) and clarify SEC authority over investment contracts. It passed Senate Banking 15–9 on 14 May 2026 and was placed on the legislative calendar 1 June — but no floor vote is scheduled. Sticking points include stablecoin yield language and ethics amendments. Missing the August recess could delay passage to lame-duck session or beyond.
The Digital Asset Market CLARITY Act advanced from Senate Banking 15–9 in May but has no floor date as June ends. DeFi developers still lack statutory SEC/CFTC boundaries — here's where negotiations stand.
After the GENIUS Act established federal stablecoin rules, the CLARITY Act was widely viewed as the capstone — the bill that would finally draw statutory lines between SEC securities jurisdiction and CFTC commodity jurisdiction for digital assets. Senate Banking advanced the bill in a bipartisan 15–9 vote on 14 May 2026, a milestone that would have been unimaginable two years earlier.
As of late June, however, the bill remains eligible but unscheduled on the Senate floor. Negotiations continue over stablecoin yield provisions (heavily lobbied by banking trade groups), DeFi developer liability safe harbours, and ethics amendments regarding officials' crypto holdings.
Analysts note that if the Senate does not vote before the August recess, the next realistic windows are a narrow September period or post-election lame duck — both higher-friction paths. Galaxy Research still estimates 60–75% probability of 2026 passage, but procedural delay is costly: until CLARITY passes, DeFi builders operate without statutory clarity on whether their interfaces constitute regulated activity.
House Agriculture chair Dusty Johnson has said the House would move quickly on Senate-passed text — the bottleneck is entirely Senate-side as of June 2026.
FAQ
The Digital Asset Market CLARITY Act advanced from Senate Banking 15–9 in May but has no floor date as June ends. DeFi developers still lack statutory SEC/CFTC boundaries — here's where negotiations stand.
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