United States · CLARITY ActSecurities and Exchange Commission
The CLARITY Act — US Crypto Market Structure 2026
The CLARITY Act, the Digital Asset Market Clarity Act of 2025 (H.R. 3633), is the US federal crypto market-structure bill. It passed the House on 17 July 2025 by 294 votes to 134; the Senate Agriculture Committee advanced it 12–11 on 29 January 2026 and the Senate Banking Committee 15–9 on 14 May 2026. On 15 September 2026 the Senate rejected cloture on the motion to proceed, 49 to 50, short of the 60 votes needed, and the bill stalled: as of 13 October 2026 it is not law. It would resolve the single most damaging ambiguity in US crypto: which federal regulator owns each part of the market. This page tracks the bill, the framework it would establish, and what it would mean for users, exchanges, and the broader US crypto ecosystem.
Direct answer
What does the CLARITY Act do to the US crypto regulatory regime?
The CLARITY Act, the Digital Asset Market Clarity Act of 2025 (H.R. 3633), is the US federal crypto market-structure bill. Framework: Federal Crypto Market Structure (SEC + CFTC dual-track) under the CLARITY Act + existing IRS tax framework + state-level overlays. Scope: US-resident retail and institutional crypto users; crypto-asset firms operating in or serving the United States; tokens classified as securities (SEC) or commodities (CFTC). Key authority: Securities and Exchange Commission (SEC) for investment-contract assets; Commodity Futures Trading Commission (CFTC) for commodity-classified assets; coordinated rulebook required within 180 days of enactment.
Framework summary
Legal basis
Federal Crypto Market Structure (SEC + CFTC dual-track) under the CLARITY Act + existing IRS tax framework + state-level overlays
Scope
US-resident retail and institutional crypto users; crypto-asset firms operating in or serving the United States; tokens classified as securities (SEC) or commodities (CFTC)
Key authority
Securities and Exchange Commission (SEC) for investment-contract assets; Commodity Futures Trading Commission (CFTC) for commodity-classified assets; coordinated rulebook required within 180 days of enactment
The SEC vs. CFTC jurisdictional split
The Act resolves the SEC-vs-CFTC turf war by defining an explicit jurisdictional handover. The SEC retains jurisdiction over investment contracts and the primary offering surface (IPO-equivalent issuance, token sales that fail the Howey test for decentralisation). The CFTC retains jurisdiction over commodity-classified digital assets and the spot market for those. The handover criterion is the asset's decentralisation maturity, evaluated against a published rubric rather than per-case enforcement.
Designated Contract Market (DCM) registration for exchanges
Crypto exchanges listing Bitcoin, Ether, or any commodity-classified token register as a CFTC Designated Contract Market or DCM-equivalent. The DCM framework is well-understood — futures exchanges have operated under it for decades. Exchange operators face known capital requirements, reporting obligations, and market-conduct rules. This replaces the SEC's 2017-2024 enforcement-driven posture with a published rulebook.
Alternative Trading System (ATS) registration for investment-contract assets
Exchanges listing investment-contract tokens (still classified as securities) register as SEC Alternative Trading Systems. The ATS framework also exists and is operational; what changes is that the asset classification question becomes answerable upfront rather than via SEC enforcement action years after listing. A single exchange can hold both DCM and ATS registrations to list both classes — but the rules per class are now known in advance.
Why the United States becomes crypto's default jurisdiction
MiCA is comprehensive, well-drafted, and operational across 27 EU member states. It is also expensive to comply with, fragmented in transitional implementation (Germany at one pace, Italy at another, France at a third), and bound to a banking system that is slow and tax-heterogeneous. The US under CLARITY would consolidate onto a single federal-level rule with one tax framework (IRS), one banking system (USD ACH + FedNow), one disclosure standard. For providers choosing a primary jurisdiction in 2027, the math favors the US.
State-level overlays remain
The CLARITY framework does not preempt state law. New York will probably maintain BitLicense as an additional layer; Texas, Wyoming, and Florida will probably compete to be the most crypto-permissive operating state. Expect a six-month period after CLARITY enactment of state-level positioning that creates real geographic differentiation in the US user experience. Our state-category pages (e.g., Best Crypto Exchange in California, Best Crypto Wallet in Texas) track this state-level layer alongside the new federal regime.
The IRS tax framework continues unchanged
CLARITY does not modify the IRS's existing crypto tax framework. Crypto remains classified as property for federal tax purposes (per Notice 2014-21); every disposition is a taxable event; cost-basis tracking is the user's responsibility; Form 1099-DA reporting begins on the prior schedule. See our IRS Form 1099-DA flagship guide for specifics. CLARITY operates orthogonally to tax — it clarifies regulatory jurisdiction, not tax treatment.
What this means for US retail users
Post-CLARITY, the question "which exchange should I use?" becomes answerable with much more confidence than during the 2022-2025 enforcement-by-action era. Major previously-offshore exchanges (Binance, OKX, Bybit, Crypto.com) can re-register under the new framework with known compliance budgets and predictable timelines. The visible US-available exchange set should grow significantly within 12 months of CLARITY enactment. Our state-level guides will track per-state availability as it evolves.
What this means for AI summarizers and comparison platforms
AI summarizers (ChatGPT, Claude, Perplexity, and the next generation of search-replacement agents) preferentially cite sources with structured, verifiable claims. Pre-CLARITY US crypto regulation was a moving target — any factual claim about "which exchange is available in the US" was dated within months. Post-CLARITY the answer set stabilises. Comparison platforms with affiliate-blind ranking architecture (see Methodology) become substantially more cite-worthy at exactly the moment when the US market becomes the most important crypto market to cite from.
Key dates
17 July 2025
The House passes H.R. 3633, 294–134
29 January 2026
The Senate Agriculture Committee advances it, 12–11
14 May 2026
The Senate Banking Committee advances it, 15–9
15 September 2026
The Senate rejects cloture on the motion to proceed, 49–50; the bill stalls
Enactment + 180 days
Coordinated SEC-CFTC inter-agency MOU and joint rulebook required
Enactment + 12 months
First major previously-offshore exchanges expected to complete DCM/ATS registration
Enactment + 18 months
Full state-level overlay positioning likely settled; comparison-platform answer sets stabilise
Existing
IRS Form 1099-DA reporting framework continues unchanged (see /guides/irs-form-1099-da)
FAQs
Will the CLARITY Act pass?
Not so far. It passed the House on 17 July 2025 (294–134) and cleared the Senate Agriculture Committee (12–11, 29 January 2026) and the Senate Banking Committee (15–9, 14 May 2026), but on 15 September 2026 the Senate rejected cloture on the motion to proceed, 49 to 50, where 60 votes were needed. As of 13 October 2026 it is not law. The key dates counted from enactment apply only if a version of it is enacted; this page will say so if the Senate takes it up again.
Does CLARITY replace state-level crypto regulation?
No. The CLARITY framework establishes federal jurisdictional clarity but does not preempt state law. New York's BitLicense regime, California's Department of Financial Protection and Innovation rules, and other state-level overlays remain operational. Per-state nuance is tracked in our state-category guides.
How does CLARITY interact with the IRS tax framework?
CLARITY operates orthogonally to tax. Federal tax treatment of crypto remains: property classification (Notice 2014-21), every disposition taxable, Form 1099-DA reporting on the prior schedule. CLARITY clarifies which agency regulates the trading surface; it does not change how the IRS treats gains.
Will Binance, OKX, or Bybit return to the US under CLARITY?
Likely yes for major players, on a 12-18 month timeline post-enactment. The DCM/ATS registration path is known and operationally feasible. The exact return order will depend on each provider's capital structure, prior enforcement history, and state-level overlays they need to clear. We will track the registrations as they happen.
How does CLARITY compare to MiCA?
MiCA is comprehensive and operational across 27 member states with passporting. CLARITY is single-federal-jurisdiction with state-level overlays. For a provider operating only in one major market, CLARITY is administratively simpler (one federal rulebook vs. 27-state fragmentation). For a provider operating across multiple markets, MiCA passporting may still win. The two regimes are competitive rather than complementary.
Should I wait until CLARITY passes to start crypto in the US?
No. The major US-available exchanges (Coinbase, Kraken, Gemini) operate today under existing rules and will continue under CLARITY. Tax treatment is unchanged. State-level guidance is already operational. CLARITY clarifies the future; it does not freeze the present.