What Is the Digital Asset Market CLARITY Act of 2025 (H.R. 3633)?

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What Is the Digital Asset Market CLARITY Act of 2025 (H.R. 3633)?

The Digital Asset Market CLARITY Act of 2025 (H.R. 3633) is a comprehensive piece of legislation aiming to end the era of “regulation by enforcement” in the United States. While the bill successfully passed the House of Representatives in July 2025 with a promise to categorize digital assets clearly, it has hit a significant roadblock in the Senate as of January 2026. Intense debates over new amendments—ranging from stablecoin yield bans to stricter DeFi oversight—have caused major industry players like Coinbase to withdraw their support, leaving the bill’s future in limbo.

What Was Proposed in the Original House Version?

The initial version of the Act was celebrated by the industry for creating a clear regulatory framework that split oversight duties between the SEC and CFTC using a “three-bucket” classification system.

• Digital Commodities (CFTC): Assets tied to decentralized blockchains, such as Bitcoin and Ethereum, would fall under the “exclusive jurisdiction” of the CFTC, which would regulate their spot markets.
• Investment Contract Assets (SEC): Tokens sold during fundraising (ICOs) would initially be treated as securities. Crucially, the law clarified that the token itself is not a security during secondary market trades, solving a major pain point for exchanges.
• Permitted Payment Stablecoins: Fiat-pegged assets used for payments were carved out of securities laws and placed under banking regulators.
• Maturity Certification: The bill introduced a pathway for issuers to certify to the SEC that their blockchain had become “mature” (sufficiently decentralized), allowing the asset to graduate from SEC to CFTC oversight.

Why Did the Bill Stall in the Senate in January 2026?

As the bill moved to the Senate Banking Committee in late 2025, several controversial “deal-breaker” provisions were added. These changes led to a breakdown in consensus and the postponement of the Senate markup in mid-January 2026.

• Stablecoin Yield & Reward Bans: The Senate draft prohibits stablecoin issuers from paying interest or yield to holders. Industry leaders argue this provision is anti-competitive, designed to protect traditional bank deposit models from crypto innovation.
• Tokenized Equity Restrictions: Reports indicate a de facto ban on tokenized equities (stocks on the blockchain), stifling a major growth area for crypto-financial firms.
• Expanded DeFi Oversight: New language broadens the definition of “DeFi intermediaries,” potentially forcing software developers and code providers to register as brokers, a requirement many view as technically impossible.
• Regulatory Power Shift: Critics argue the amendments tilt power back toward the SEC, particularly in how “ancillary assets” are defined, undoing the balance achieved in the House version.
• Staking Restrictions: Unlike earlier drafts, the Senate version imposes strict “opt-in” requirements for staking services, limiting how exchanges can offer passive income products to users.

Current Status: Stalled Negotiations vs. The GENIUS Act

As of late January 2026, the CLARITY Act is effectively stalled. The Senate markup has been postponed to allow for urgent negotiations between the White House, banking lobbyists, and crypto firms. This delay stands in stark contrast to the recently signed GENIUS Act, which successfully passed into law to regulate stablecoins separately, leaving the broader market structure issues of the CLARITY Act unresolved.

Frequently Asked Questions

Why did Coinbase withdraw support for the CLARITY Act in 2026?

Coinbase withdrew its support on January 15, 2026, due to the “deal-breaker” amendments added in the Senate version. The exchange specifically cited the new restrictions on DeFi, the ban on tokenized equities, and the shift of power back to the SEC as reasons why the bill no longer served the industry’s goal of fostering innovation.

What is the difference between the CLARITY Act and the GENIUS Act?

The CLARITY Act is a broad market structure bill attempting to define the roles of the SEC and CFTC for all digital assets. In contrast, the GENIUS Act is a specific piece of legislation that was recently signed into law, focusing exclusively on the regulation and issuance of stablecoins, separating them from the broader securities/commodities debate.

How does the CLARITY Act determine if a crypto is a security or commodity?

The Act uses a “Maturity Certification” process. Initially, assets raised via ICOs are treated as Investment Contract Assets (securities). However, once a network proves it is “mature” and decentralized—meaning no single entity controls it—the asset transitions to being a Digital Commodity under CFTC oversight.

Conclusion

The fate of the Digital Asset Market CLARITY Act of 2025 hangs in the balance as 2026 begins. What started as a bipartisan effort to provide legal certainty has transformed into a battleground over the future of DeFi and stablecoin yields. With the GENIUS Act already law, the pressure is now on Congress to resolve the broader market structure debate. Investors and developers are watching closely, knowing that the final version of this bill will determine whether the U.S. remains a hub for crypto innovation or drives the industry offshore through restrictive oversight.

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