concept
CLARITY Act (Digital Asset Market Clarity Act, H.R. 3633)
Also known as CLARITY Act, Digital Asset Market Clarity Act of 2025, H.R. 3633, Lummis-Gillibrand Responsible Financial Innovation Act of 2026
The Digital Asset Market Clarity Act (H.R. 3633) is a US bill that would set federal rules for crypto markets, making the CFTC the main regulator of "digital commodity" trading while keeping the SEC in charge of securities.[1][2] It passed the House 294-134 in July 2025,[3] but on September 15, 2026, the Senate fell short of the 60 votes needed to begin debate, voting 49-50.[4][5]
Key facts
The CLARITY Act is the main US bill on how crypto markets should be regulated. Its core idea is to sort digital assets into categories and give each category a regulator: the Commodity Futures Trading Commission for “digital commodity” trading, and the Securities and Exchange Commission for securities.[1][2] This page is for information only and is not financial or investment advice.
Origins and House passage
Rep. French Hill, chair of the House Financial Services Committee, introduced the bill on May 29, 2025.[6] It was referred to both the Financial Services and Agriculture committees, which reflects the split between securities and commodities oversight.[7] Both committees ordered it reported on June 10, 2025, by votes of 32-19 and 47-6.[8] The House passed it on July 17, 2025, by 294 to 134.[3] The House took it up under the same rule as the GENIUS Act stablecoin bill.[9] The House-passed version also includes the Anti-CBDC Surveillance State Act, which would bar the Federal Reserve from using a central bank digital currency for monetary policy.[10]
What the bill does
- Defines “digital commodity”. In the House text, a digital commodity is a digital asset intrinsically linked to a blockchain system, whose value is derived, or reasonably expected to be derived, from the use of that system.[11] Securities, permitted payment stablecoins and bank deposits are excluded.[12]
- Gives the CFTC spot-market authority. The CFTC would get exclusive jurisdiction over digital commodity sales on or through its registered entities, including cash or spot markets.[13] Today the agency can police fraud and manipulation in those markets but has no general program to register spot exchanges, brokers and dealers.[14]
- Sets a “mature blockchain” test. A blockchain counts as mature when no person or group under common control controls it.[15]
- Creates an offering exemption. Some token sales would be exempt from SEC registration if the issuer has raised no more than $50 million in the past 12 months, among other conditions.[16]
- Applies anti-money-laundering rules. Digital commodity exchanges, brokers and dealers would be covered by the Bank Secrecy Act.[17]
For a plain-language walk-through, see What the CLARITY Act does, explained.
The Senate version
In the Senate, the bill went to the Banking Committee.[18] The committee’s substitute text includes a title called the Lummis-Gillibrand Responsible Financial Innovation Act of 2026.[19] It introduces “ancillary assets”: network tokens whose value depends on the managerial efforts of the people who launched them.[20] It also bars crypto platforms from paying interest or yield simply for holding stablecoins, while allowing rewards tied to genuine activity.[21][22] Other titles cover illicit finance, decentralized finance, software developers and the treatment of customer property in bankruptcy.[23] The Senate Agriculture Committee advanced a separate CFTC-focused text, the Digital Commodity Intermediaries Act, which would need to be merged with the Banking text.[24][25]
Status in October 2026
The Banking Committee reported the bill 15-9 on May 14, 2026, and it reached the Senate calendar on June 1.[26][27] On September 15, 2026, the Senate voted 49-50 on cloture on the motion to proceed.[4] Sen. Thom Tillis then entered a motion to reconsider, which keeps the bill procedurally alive.[28] As of the official record retrieved on October 10, 2026, no later action had been recorded.[29] The SEC and CFTC are now writing crypto rules under their existing powers.[30][31] The dated record is in the CLARITY Act tracker, and the arguments for and against are set out in the CLARITY Act debate.
Questions readers ask
What is the CLARITY Act?
It is H.R. 3633, the Digital Asset Market Clarity Act, a bill to create federal rules for crypto markets. It would make the CFTC the general regulator of digital commodity exchanges, brokers and dealers.[6][1]
Has the CLARITY Act become law?
No. It passed the House in July 2025, but on September 15, 2026 the Senate voted 49-50 on cloture, short of the 60 votes needed to begin debate.[3][4][5]
Sources
Each numbered claim is a statement we checked against the sources listed with it. Status shows how well established it is.
- [1]
According to the Congressional Research Service summary, the bill would make the CFTC the general regulator of digital commodity transactions, including digital commodity exchanges, brokers and dealers. confirmedas of 2026-10-10
- Bill status: H.R. 3633, Digital Asset Market Clarity Act (119th Congress), all actions · U.S. Government Publishing Office / Library of Congress (govinfo bill status) · 2026-09-17 · CRS summary of the bill as introduced (retrieved 2026-10-10)
- [2]
According to the CRS summary, the bill gives the SEC jurisdiction over digital commodity activity by certain brokers and dealers on alternative trading systems and by national securities exchanges. confirmedas of 2026-10-10
- Bill status: H.R. 3633, Digital Asset Market Clarity Act (119th Congress), all actions · U.S. Government Publishing Office / Library of Congress (govinfo bill status) · 2026-09-17 · CRS summary of the bill as introduced (retrieved 2026-10-10)
- [3]
The House passed H.R. 3633 on July 17, 2025, by a vote of 294 to 134 (Roll no. 199). confirmedas of 2026-10-10
- Bill status: H.R. 3633, Digital Asset Market Clarity Act (119th Congress), all actions · U.S. Government Publishing Office / Library of Congress (govinfo bill status) · 2026-09-17 · Action dated 2025-07-17 (retrieved 2026-10-10)
- [4]
On September 15, 2026, the Senate rejected cloture on the motion to proceed to H.R. 3633 by 49 to 50 (Rollcall Vote No. 234), with Sen. Chris Coons not voting. confirmedas of 2026-10-10
- Congressional Record, Senate, September 15, 2026: Cloture Motion (H.R. 3633), Rollcall Vote No. 234 · U.S. Government Publishing Office (Congressional Record) · 2026-09-15 · Rollcall Vote No. 234 Ex.; NOT VOTING--1, Coons (retrieved 2026-10-10)
- Bill status: H.R. 3633, Digital Asset Market Clarity Act (119th Congress), all actions · U.S. Government Publishing Office / Library of Congress (govinfo bill status) · 2026-09-17 · Action dated 2026-09-15 (retrieved 2026-10-10)
- [5]
Invoking cloture on the motion to proceed required 60 votes, three-fifths of the Senate, and would not itself have passed the bill. confirmedas of 2026-10-10
- Cloture Filed on Clarity Act Motion to Proceed, CFTC to Advance Crypto Rules Either Way (Crypto Policy Tracker) · Paul Hastings · 2026-08-10 (retrieved 2026-10-10)
- Congressional Record, Senate, September 15, 2026: Cloture Motion (H.R. 3633), Rollcall Vote No. 234 · U.S. Government Publishing Office (Congressional Record) · 2026-09-15 (retrieved 2026-10-10)
- [6]
Rep. French Hill (R-Ark.), chair of the House Financial Services Committee, introduced H.R. 3633, the Digital Asset Market Clarity Act, on May 29, 2025. confirmedas of 2026-10-10
- Bill status: H.R. 3633, Digital Asset Market Clarity Act (119th Congress), all actions · U.S. Government Publishing Office / Library of Congress (govinfo bill status) · 2026-09-17 · Sponsor field; action dated 2025-05-29 "Introduced in House" (retrieved 2026-10-10)
- US Crypto Policy Tracker: Legislative Developments (last updated August 2026) · Latham & Watkins · Digital Assets, H.R. 3633 (retrieved 2026-10-10)
- [7]
H.R. 3633 was referred to both the House Financial Services Committee and the House Agriculture Committee. confirmedas of 2026-10-10
- Bill status: H.R. 3633, Digital Asset Market Clarity Act (119th Congress), all actions · U.S. Government Publishing Office / Library of Congress (govinfo bill status) · 2026-09-17 · Action dated 2025-05-29 (retrieved 2026-10-10)
- [8]
On June 10, 2025, the House Financial Services and Agriculture committees each held markups and ordered the bill reported, by recorded votes of 32-19 and 47-6. confirmedas of 2026-10-10
- Bill status: H.R. 3633, Digital Asset Market Clarity Act (119th Congress), all actions · U.S. Government Publishing Office / Library of Congress (govinfo bill status) · 2026-09-17 · House committee actions dated 2025-06-10 (a second action records 47 - 6) (retrieved 2026-10-10)
- US Crypto Policy Tracker: Legislative Developments (last updated August 2026) · Latham & Watkins · Digital Assets, H.R. 3633 (retrieved 2026-10-10)
- [9]
The House took up the CLARITY Act and the Senate-passed GENIUS Act stablecoin bill (S. 1582) under the same rule, H. Res. 580, in July 2025. confirmedas of 2026-10-10
- Bill status: H.R. 3633, Digital Asset Market Clarity Act (119th Congress), all actions · U.S. Government Publishing Office / Library of Congress (govinfo bill status) · 2026-09-17 · Action dated 2025-07-15 (retrieved 2026-10-10)
- [10]
The House-passed bill also carries the Anti-CBDC Surveillance State Act, which bars the Federal Reserve from issuing a central bank digital currency. confirmedas of 2026-10-10
- H.R. 3633 (Engrossed in House): Digital Asset Market Clarity Act of 2025 · U.S. Government Publishing Office (bill text) · 2025-07-17 · Sec. 1(a) Short titles; Title VI table of contents (retrieved 2026-10-10)
- Bill status: H.R. 3633, Digital Asset Market Clarity Act (119th Congress), all actions · U.S. Government Publishing Office / Library of Congress (govinfo bill status) · 2026-09-17 · Official title as amended by House (retrieved 2026-10-10)
- [11]
The House-passed text defines a digital commodity as a digital asset intrinsically linked to a blockchain system whose value is derived, or reasonably expected to be derived, from the use of that blockchain system. confirmedas of 2026-10-10
- H.R. 3633 (Engrossed in House): Digital Asset Market Clarity Act of 2025 · U.S. Government Publishing Office (bill text) · 2025-07-17 · Sec. 103, amending section 1a of the Commodity Exchange Act, subparagraph (F)(i) (retrieved 2026-10-10)
- [12]
The House text's digital commodity definition excludes securities, security derivatives, permitted payment stablecoins and bank deposits. confirmedas of 2026-10-10
- H.R. 3633 (Engrossed in House): Digital Asset Market Clarity Act of 2025 · U.S. Government Publishing Office (bill text) · 2025-07-17 · Sec. 103, subparagraph (F)(iii) Exclusion, items (I)-(IV) (retrieved 2026-10-10)
- [13]
The House text gives the CFTC exclusive jurisdiction over contracts of sale of digital commodities, including in cash or spot markets, conducted on or through CFTC-registered entities. confirmedas of 2026-10-10
- H.R. 3633 (Engrossed in House): Digital Asset Market Clarity Act of 2025 · U.S. Government Publishing Office (bill text) · 2025-07-17 · Sec. 401, new section 2(c)(2)(F) of the Commodity Exchange Act (retrieved 2026-10-10)
- US Crypto Policy Tracker: Legislative Developments (last updated August 2026) · Latham & Watkins · Digital Assets, H.R. 3633 (retrieved 2026-10-10)
- [14]
Under current law the CFTC can police fraud and manipulation in spot crypto commodity markets but has no general program to register or supervise spot exchanges, brokers and dealers; the CLARITY Act would have created one. confirmedas of 2026-10-10
- In the Wake of CLARITY Act's Failure, Agencies Move Forward Without Congressional Action or Certainty · Troutman Pepper Locke · 2026-09-25 (retrieved 2026-10-10)
- US Crypto Policy Tracker: Legislative Developments (last updated August 2026) · Latham & Watkins (retrieved 2026-10-10)
- [15]
The House text defines a mature blockchain system as one that, together with its digital commodity, is not controlled by any person or group of persons under common control. confirmedas of 2026-10-10
- H.R. 3633 (Engrossed in House): Digital Asset Market Clarity Act of 2025 · U.S. Government Publishing Office (bill text) · 2025-07-17 · Sec. 101, definition (31) Mature blockchain system (retrieved 2026-10-10)
- [16]
The House text exempts certain primary sales of digital commodities from SEC registration where the issuer has raised no more than $50 million (inflation-adjusted) in the preceding 12 months, subject to other conditions. confirmedas of 2026-10-10
- H.R. 3633 (Engrossed in House): Digital Asset Market Clarity Act of 2025 · U.S. Government Publishing Office (bill text) · 2025-07-17 · Sec. 202, exempted primary transactions (retrieved 2026-10-10)
- [17]
Under the bill, digital commodity exchanges, brokers and dealers would be subject to the Bank Secrecy Act's anti-money-laundering rules. confirmedas of 2026-10-10
- Bill status: H.R. 3633, Digital Asset Market Clarity Act (119th Congress), all actions · U.S. Government Publishing Office / Library of Congress (govinfo bill status) · 2026-09-17 · CRS summary of the bill as introduced (retrieved 2026-10-10)
- [18]
The Senate received H.R. 3633 on September 18, 2025, and referred it to the Senate Banking, Housing, and Urban Affairs Committee. confirmedas of 2026-10-10
- Bill status: H.R. 3633, Digital Asset Market Clarity Act (119th Congress), all actions · U.S. Government Publishing Office / Library of Congress (govinfo bill status) · 2026-09-17 · Action dated 2025-09-18 (retrieved 2026-10-10)
- [19]
The Senate Banking Committee's substitute text, reported June 1, 2026, includes a title called the Lummis-Gillibrand Responsible Financial Innovation Act of 2026. confirmedas of 2026-10-10
- H.R. 3633 (Reported in Senate): text with Senate Banking Committee amendment in the nature of a substitute · U.S. Government Publishing Office (bill text) · 2026-06-01 · Substitute amendment, Title I, Sec. 101 (retrieved 2026-10-10)
- [20]
The Senate Banking text introduces "ancillary assets", network tokens whose value depends on the entrepreneurial or managerial efforts of the token's originator or a related person. confirmedas of 2026-10-10
- H.R. 3633 (Reported in Senate): text with Senate Banking Committee amendment in the nature of a substitute · U.S. Government Publishing Office (bill text) · 2026-06-01 · Substitute amendment, Sec. 102, new section 4B(a)(1) of the Securities Act of 1933 (retrieved 2026-10-10)
- [21]
The Senate Banking text bars digital asset service providers from paying interest or yield to US customers solely for holding payment stablecoins. confirmedas of 2026-10-10
- H.R. 3633 (Reported in Senate): text with Senate Banking Committee amendment in the nature of a substitute · U.S. Government Publishing Office (bill text) · 2026-06-01 · Substitute amendment, Sec. 404(c)(1) (retrieved 2026-10-10)
- [22]
The Senate Banking text permits rewards based on bona fide activities or transactions that are not economically equivalent to interest on a bank deposit. confirmedas of 2026-10-10
- H.R. 3633 (Reported in Senate): text with Senate Banking Committee amendment in the nature of a substitute · U.S. Government Publishing Office (bill text) · 2026-06-01 · Substitute amendment, Sec. 404(c)(2)(A) (retrieved 2026-10-10)
- [23]
The Senate Banking text also includes titles on illicit finance, decentralized finance, bank activities, protections for software developers and customer property in bankruptcy. confirmedas of 2026-10-10
- H.R. 3633 (Reported in Senate): text with Senate Banking Committee amendment in the nature of a substitute · U.S. Government Publishing Office (bill text) · 2026-06-01 · Substitute amendment, table of contents (Titles II, III, IV, VI, VII) (retrieved 2026-10-10)
- [24]
The Senate Agriculture Committee's text, published in January 2026 as the Digital Commodity Intermediaries Act, focuses mainly on CFTC authority over digital commodity markets. confirmedas of 2026-10-10
- US Crypto Policy Tracker: Legislative Developments (last updated August 2026) · Latham & Watkins (retrieved 2026-10-10)
- Crypto bill clears U.S. Senate milestone despite Democrat opposition · CoinDesk · 2026-01-29 (retrieved 2026-10-10)
- [25]
On January 29, 2026, the Senate Agriculture Committee advanced its CFTC-focused market structure bill, the Digital Commodity Intermediaries Act, on a 12-11 party-line vote. confirmedas of 2026-10-10
- US Crypto Policy Tracker: Legislative Developments (last updated August 2026) · Latham & Watkins (retrieved 2026-10-10)
- Crypto bill clears U.S. Senate milestone despite Democrat opposition · CoinDesk · 2026-01-29 (retrieved 2026-10-10)
- CFTC Chairman Lauds Senate Committee Action to Advance Digital Asset Market Structure Legislation · U.S. Commodity Futures Trading Commission · 2026-01-29 (retrieved 2026-10-10)
- [26]
On May 14, 2026, the Senate Banking Committee voted 15-9 to report the CLARITY Act with a substitute amendment, with two Democrats joining all 13 Republicans. confirmedas of 2026-10-10
- Bill status: H.R. 3633, Digital Asset Market Clarity Act (119th Congress), all actions · U.S. Government Publishing Office / Library of Congress (govinfo bill status) · 2026-09-17 · Action dated 2026-05-14 (retrieved 2026-10-10)
- Live blog: Senate Banking Committee advances Clarity Act to full Senate floor · CoinDesk · 2026-05-14 (retrieved 2026-10-10)
- US Crypto Policy Tracker: Legislative Developments (last updated August 2026) · Latham & Watkins (retrieved 2026-10-10)
- [27]
Sen. Tim Scott reported the bill to the Senate on June 1, 2026, and it was placed on the Senate calendar as Calendar No. 423. confirmedas of 2026-10-10
- Bill status: H.R. 3633, Digital Asset Market Clarity Act (119th Congress), all actions · U.S. Government Publishing Office / Library of Congress (govinfo bill status) · 2026-09-17 · Action dated 2026-06-01 (retrieved 2026-10-10)
- [28]
After the vote, Sen. Thom Tillis entered a motion to reconsider it, which keeps the bill procedurally alive. confirmedas of 2026-10-10
- Congressional Record, Senate, September 15, 2026: Motion to Reconsider · U.S. Government Publishing Office (Congressional Record) · 2026-09-15 (retrieved 2026-10-10)
- Bill status: H.R. 3633, Digital Asset Market Clarity Act (119th Congress), all actions · U.S. Government Publishing Office / Library of Congress (govinfo bill status) · 2026-09-17 · Action dated 2026-09-15 (retrieved 2026-10-10)
- CLARITY Act: The Senate Vote Failed 49 to 50. The Fight Now Moves to the Regulators. · FinTech Weekly (retrieved 2026-10-10)
- [29]
As of the official bill status record retrieved on October 10, 2026 (last updated September 17), the motion to reconsider entered on September 15 was the most recent recorded action on H.R. 3633. confirmedas of 2026-10-10
- Bill status: H.R. 3633, Digital Asset Market Clarity Act (119th Congress), all actions · U.S. Government Publishing Office / Library of Congress (govinfo bill status) · 2026-09-17 · Most recent action in the record (update date 2026-09-17) (retrieved 2026-10-10)
- [30]
On August 18, 2026, the SEC proposed Regulation Crypto Assets, with a one-time $5 million exemption over four years and a $75 million per-12-month exemption for certain crypto asset investment contracts. confirmedas of 2026-10-10
- SEC Proposes New Regulation Crypto Assets (Press Release 2026-76) · U.S. Securities and Exchange Commission · 2026-08-18 (retrieved 2026-10-10)
- [31]
On October 5, 2026, the CFTC published an advance notice of proposed rulemaking on crypto asset transactions, including a new "crypto asset market" subcategory of designated contract market. confirmedas of 2026-10-10
- CFTC Seeks Public Comment on Advanced Notice of Proposed Rulemaking Relating to Regulation Crypto Asset Transactions and Regulation Crypto Asset Markets (Release 9307-26) · U.S. Commodity Futures Trading Commission · 2026-10-05 (retrieved 2026-10-10)
- [32]
The House text defines a permitted payment stablecoin by reference to the GENIUS Act. confirmedas of 2026-10-10
- H.R. 3633 (Engrossed in House): Digital Asset Market Clarity Act of 2025 · U.S. Government Publishing Office (bill text) · 2025-07-17 · Sec. 101, definition (32) (retrieved 2026-10-10)
- [33]
Law firms tracking the bill, including Troutman Pepper Locke and Hunton Andrews Kurth, assessed after the vote that the CLARITY Act was effectively dead in the near term. reportedas of 2026-09-25· interpretation
- In the Wake of CLARITY Act's Failure, Agencies Move Forward Without Congressional Action or Certainty · Troutman Pepper Locke · 2026-09-25 (retrieved 2026-10-10)
- Senate Fails to Advance CLARITY Act · Hunton Andrews Kurth · 2026-09-16 (retrieved 2026-10-10)
Revision history (1)
- Page created.
Created Oct 10, 2026. Last reviewed by an editor on Oct 10, 2026. Next scheduled review: Dec 10, 2026.
Cite this page
"CLARITY Act (Digital Asset Market Clarity Act, H.R. 3633)." ContentLora, updated Oct 10, 2026. https://contentlora.com/wiki/clarity-act
Spotted an error? Suggest a correction or emailcorrections@contentlora.com.
Keep exploring
- ExplainerWhat the CLARITY Act does: SEC vs CFTC and digital commoditiesA plain guide to the CLARITY Act: how it splits crypto oversight between the SEC and CFTC, what a digital commodity is, and where the bill stands in 2026.
- DevelopingCLARITY Act tracker: crypto market-structure bill newsEvery dated step of the CLARITY Act crypto market-structure bill, from House passage in 2025 to the failed 49-50 Senate vote and what comes next.
- ExplainerCLARITY Act vs GENIUS Act: how the two crypto laws fit togetherThe GENIUS Act regulates stablecoins and is law; the CLARITY Act would regulate crypto markets and is stalled. How they connect, including the yield fight.
- AnalysisThe CLARITY Act debate: industry, banks, consumer groups, regulatorsWhy the CLARITY Act stalled: the competing views of crypto firms, banks, consumer advocates, senators and regulators, set out side by side as of October 2026.
- WikiGENIUS Act (US stablecoin law, Public Law 119-27)The GENIUS Act is the 2025 US law regulating payment stablecoins: reserves, the interest ban, state options and how it links to the CLARITY Act.
- WikiSEC (US Securities and Exchange Commission) and cryptoThe SEC regulates US securities markets. Its role in crypto, its 2026 token taxonomy and Regulation Crypto Assets, and what the CLARITY Act would change.