PollBrief Explained · Bill explainer

The CLARITY Act, explained.

Congress’s first major attempt to set crypto market rules. What the bill does, where it stands after the Senate Banking Committee’s 15–9 vote, and what still has to happen.

The short version
  1. The CLARITY Act is the first wide-ranging U.S. law aimed at sorting out who regulates what in the crypto industry.
  2. It splits jurisdiction between the SEC (which regulates securities) and the CFTC (which regulates commodities), with most digital tokens shifting toward the CFTC.
  3. The House passed it 294 to 134 on July 17, 2025. Every voting Republican supported it. 78 Democrats crossed over.
  4. The Senate Banking Committee approved its own version 15 to 9 on May 14, 2026. It still has to clear the Agriculture Committee, get reconciled, and survive a Senate floor vote.
  5. Before anything reaches the president, the Senate-passed version has to be reconciled with the House-passed bill.

If you have ever tried to figure out which federal agency is in charge of crypto in the United States, the honest answer until now has been: all of them, sort of, depending on what you ask. The CLARITY Act is Congress’s attempt to finally answer the question.

The bill’s full name is the Digital Asset Market Clarity Act. The House passed its version (H.R. 3633) almost a year ago. The Senate is now writing its own version, and the two will eventually have to be reconciled.

1

What it is trying to do

Decide which federal regulator (the SEC or the CFTC) is in charge of each kind of digital asset, and set rules for exchanges, brokers, and stablecoins.

not law yet
2

Where it actually is

Through one chamber. The Senate is still working on its own version and the two have not been combined yet.

“Passed the House” is not the same as “became law.” This is the stage where most major legislation lives the longest.

01·What the bill actually does

The CLARITY Act, in plain English

Right now, the U.S. has two main markets regulators with claims on crypto. The SEC (Securities and Exchange Commission) regulates anything that looks like a stock or investment contract. The CFTC (Commodity Futures Trading Commission) regulates commodities like wheat, oil, and increasingly, Bitcoin futures.

For years, the two agencies have fought over which one is in charge of which token. The result has been enforcement actions, lawsuits, and very few clear rules. The CLARITY Act tries to settle the jurisdictional fight by writing the answer into law.

  • Most digital assets that run on a sufficiently decentralized blockchain are treated as digital commodities under the CFTC.
  • Tokens that still function as investment contracts stay with the SEC.
  • Crypto exchanges, brokers, and dealers get a registration framework with the CFTC.
  • A new exemption (sometimes called Regulation Crypto) lets companies raise money from retail investors without full public-company-style securities disclosure.
  • It includes a separate Anti-CBDC Surveillance State Act, blocking the Federal Reserve from issuing a retail central bank digital currency.
Why supporters want itThey argue the current rules force U.S. crypto firms to operate in legal gray zones or move offshore. A defined framework, they say, will move the industry on-shore and give consumers clearer protections.
Why critics push backThey argue the bill moves too many tokens out from under the SEC’s investor-protection rules, weakens disclosure requirements, and was written too close to the industry it regulates.
02·The House record

What the House did in 2025

The House passed the CLARITY Act on July 17, 2025. It was one of the more bipartisan major bills of the year.

HouseJul 17, 2025

CLARITY Act (H.R. 3633)

On Passage
Passed
294134

All 216 voting Republicans supported the bill. 78 Democrats crossed over to vote yes. 134 Democrats voted no.

The bill then went to the Senate, where it was read twice and referred to the Banking Committee. That is where it has lived ever since.

03·The Senate side

Where the bill is right now

The Senate did not just take up the House bill. It started writing its own version. The Senate Banking Committee, chaired by Sen. Tim Scott (R-SC), released its text in early May 2026 and held a markup on May 14.

SenateMay 14, 2026

CLARITY Act (Senate Banking Committee)

On Reporting the Bill
Reported
159

Bipartisan, but only barely. Every committee Republican voted yes. A handful of Democrats, including Sens. Ruben Gallego (AZ) and Angela Alsobrooks (MD), joined them.

Clearing committee is one step. Three more still have to happen before any version reaches the president’s desk:

  • The Senate Agriculture Committee, which oversees the CFTC, has to weigh in on its own piece of the bill.
  • The Banking and Agriculture drafts have to be reconciled into one Senate version.
  • That combined Senate version has to clear the full Senate floor, then be reconciled with the House-passed H.R. 3633.
04·The 60-vote problem

Why the Senate floor is the real test

Even after both committees finish, the bill still has to survive the Senate’s 60-vote cloture threshold. A simple majority passes a bill. But 60 votes are usually needed just to end debate and get to that final vote.

The Senate math100 seats · cloture = 60
60 needed to end debate 41 can block it remaining seats
For reference, last year’s stablecoin-only bill (the GENIUS Act) cleared cloture 68 to 30. The CLARITY Act covers more ground and is more controversial, especially around stablecoin yield and DeFi.
The key distinctionThe big open questions inside the Senate fight are:
  • Whether stablecoins can pay holders any kind of yield (banks vs. crypto firms).
  • How DeFi protocols are treated and whether developers can be classified as brokers.
  • Ethics provisions related to elected officials holding or promoting tokens.
05·What to watch

What still has to happen for this to become law

  • Senate Agriculture Committee markup of the CFTC-side provisions.
  • A single reconciled Senate bill emerges.
  • A Senate floor vote, which almost certainly means a cloture fight first.
  • A conference (or informal negotiation) to merge the Senate bill with the House-passed H.R. 3633.
  • A final identical vote in both chambers, then the president signs.
One chamber-passed bill is a milestone. Two chamber-passed bills are a deal. Only one of them becomes law.

If you want to watch the CLARITY Act move (the committee votes, the cloture votes, the final passage votes, the crossovers in each), that is exactly what PollBrief is built for.

Share this explainer
Read next