What Is the CLARITY Act?

The CLARITY Act is a comprehensive bill introduced by the House Financial Services and Agriculture Committees that establishes a clear regulatory regime for digital assets. It divides jurisdiction primarily between the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) based on the asset’s nature and level of decentralization.

At the Core of the Act is the definition of a “digital commodity,” a digital asset intrinsically linked to a blockchain system, whose value is derived or expected to be derived from the blockchain’s use. These digital commodities are excluded from the definition of securities under federal law and fall under the CFTC regulatory oversight. Investment contracts involving these commodities remain under the SEC’s jurisdiction but benefit from a new exemption that requires crypto-specific disclosures.

Key Highlights of the CLARITY Act

Clear Regulatory Division and Anti-Fraud Authority

The Act establishes a defined split in oversight; the CFTC governs spot markets, exchanges, brokers, and dealers dealing in digital commodities, while the SEC regulates investment contracts tied to those commodities. It also grants the CFTC anti-fraud and anti-manipulation authority over cash transactions in digital commodities.

Mature Blockchain System and Gradual Decentralization

A novel concept, the “mature blockchain system,” is introduced, allowing projects to phase out SEC oversight as they decentralize. Once a blockchain is no longer controlled by any single person or group, it is certified as “mature,” shifting regulatory responsibility to the CFTC and reducing burdens over time.

Robust Disclosure and Transparency Requirements

Issuers using the Act’s exemptions must provide detailed disclosures on their business model, financials, tokenomics, governance, blockchain source code, affiliate ownership, and associated risks. These disclosures must be updated semiannually until the blockchain reaches maturity.

Capital Raising and Software Development Exemptions

The Act provides a federally compliant fundraising pathway, allowing U.S.-organized issuers to raise up to $75 million over 12 months, with individual purchase limits. It also exempts core activities like publishing blockchain software, wallet development, and user interface provision from regulatory oversight, recognizing the unique structure of decentralized networks.

Recognition of DeFi, Stablecoins, and Consumer Protection Measures

The Act acknowledges DeFi protocols and establishes a category of “Permitted Payment Stablecoins”, which are subject to lighter regulation due to their consumer utility. Additionally, it enhances investor protections by requiring customer-facing firms to segregate client funds, disclose conflicts of interest, and register with the CFTC.

The CLARITY Act and Its Positive Impact on Crypto Markets

The CLARITY Act marks a pivotal shift in U.S. crypto regulation, offering legal certainty, promoting innovation, and safeguarding core blockchain principles. With bipartisan momentum behind it, the Act is expected to lay the foundation for a more mature, transparent, and innovation-friendly digital asset market in the United States.

Establishing Regulatory Clarity and Strengthening Market Confidence

For years, the crypto industry has operated in a cloud of regulatory uncertainty, particularly due to the SEC’s expansive interpretation of securities laws. The CLARITY Act resolves this by clearly dividing jurisdiction: the CFTC will oversee digital commodities, including spot markets and exchanges, while the SEC will focus on investment contracts. This distinction significantly reduces overlapping enforcement and ambiguity, enabling market participants to understand their obligations and operate with confidence. The Act also grants the CFTC anti-fraud and anti-manipulation authority over digital asset cash transactions, further enhancing market integrity. Backed by bipartisan support and having passed through key House committees, the Act also instills greater confidence among investors, builders, and institutions.

Upholding Decentralization and Enabling Responsible Innovation

A major highlight of the CLARITY Act is its defense of self-custody rights and peer-to-peer transactions, ensuring users can hold and transfer digital assets without intermediaries, protecting core principles of decentralization and user control. It also introduces the concept of a “mature blockchain system,” defined as one no longer controlled by any single entity. As a blockchain becomes decentralized, regulatory oversight shifts from the SEC to the CFTC, reducing burdens and aligning with the nature of decentralized networks. The Act further supports innovation by exempting software development activities (like wallets, protocols, and UI creation) from regulatory capture, fostering a healthy environment for builders in the DeFi space.

Facilitating Growth through Capital Access and Tailored Oversight

To support responsible growth, the CLARITY Act creates a federally compliant capital raising pathway, allowing U.S.-organized issuers to raise up to $75 million within 12 months under structured, semiannual disclosure rules. These include detailed reporting on tokenomics, governance, source code, and affiliate ownership, ensuring transparency without stifling innovation. Additionally, the Act recognizes the importance of DeFi protocols and stablecoins, creating a new category for “Permitted Payment Stablecoins” that will be regulated more lightly due to their utility in everyday transactions. With added consumer protections such as mandatory fund segregation and conflict-of-interest disclosures this legislation supports a safer and more inclusive digital economy while helping prevent regulatory arbitrage and keeping blockchain innovation on U.S. soil.

How the CLARITY Act Addresses Regulatory Arbitrage and Crypto Business Relocation

The CLARITY Act aims to create a clear and balanced regulatory framework that eliminates confusion between U.S. regulators and provides crypto businesses with certainty. This clarity is crucial to preventing companies from exploiting regulatory gaps or relocating overseas in search of more favorable conditions. By defining responsibilities and fostering a supportive environment, the Act encourages innovation and keeps crypto firms within the U.S. market.

Clear Jurisdiction Reduces Uncertainty and Overlap: The CLARITY Act resolves the long-standing regulatory conflict between the SEC and CFTC by clearly assigning responsibilities: the CFTC oversees digital commodities and spot trading (e.g., Bitcoin, Ethereum), while the SEC handles investment contracts. This clarity removes enforcement overlap and legal ambiguity, giving businesses the confidence to operate within U.S. borders instead of seeking regulatory shelter abroad.
Encouraging Domestic Innovation Through Balanced Oversight: By establishing a predictable and business-friendly regulatory framework, the Act eliminates the need for companies to exploit jurisdictional loopholes or relocate to less restrictive regions. With tailored rules for decentralized projects, structured disclosures, and protections for core crypto activities, the CLARITY Act fosters a stable environment that incentivizes crypto firms to build and grow in the U.S., rather than offshore.

The CLARITY Act and Strengthening U.S. Financial Market Leadership

The CLARITY Act establishes a clear regulatory framework for digital assets, helping the U.S. maintain its leadership in global finance, just like the GENIUS Act. By reducing uncertainty and supporting innovation, it attracts institutional investors and fosters a competitive, secure crypto market.

Promoting Institutional Participation: Through Clear Compliance and Consumer Protections. By clearly defining regulatory responsibilities and requiring robust disclosures, the Act reduces uncertainty for institutional investors and traditional finance firms. This clarity, combined with strengthened consumer safeguards, makes the U.S. crypto market more attractive for established financial players, increasing capital flow and market maturity.
Fostering Innovation and Recognizing Emerging Technologies: The Act acknowledges the unique nature of decentralized finance (DeFi) protocols and provides tailored regulatory certainty for crypto-native companies. This approach encourages innovation by exempting key activities from unnecessary regulation and supporting new technologies, thereby enhancing the competitiveness and security of the U.S. digital asset ecosystem.

Current Status of the CLARITY Act

As of June 2025, the CLARITY Act (H.R. 3633) has made significant progress in the U.S. legislative process. The bill was introduced on May 29, 2025, by Representatives French Hill (R-AR) and Glenn “GT” Thompson (R-PA), and referred to both the House Financial Services and Agriculture Committees for consideration.

On June 10, 2025, both committees favorably reported the bill out of committee with strong bipartisan support. The House Financial Services Committee passed the CLARITY Act by a 32-19 vote, while the House Agriculture Committee approved it by a 47-6 vote. These votes followed hearings and markups that examined the bill’s provisions and impact on the digital asset market.

With committee approval secured, the CLARITY Act is now advancing to the full House of Representatives for consideration. Lawmakers expect it to be combined into a broader legislative package addressing crypto market structure and stablecoin regulation. Following passage in the House, the bill will move to the Senate, where further debate and amendments are anticipated before potential enactment. The CLARITY Act is one step closer to becoming law, reflecting growing congressional consensus on the need for a clear, balanced regulatory framework for digital assets in the United States.

Frequently Asked Questions (FAQs)

1. What is the main purpose of the CLARITY Act?

The CLARITY Act aims to provide a clear and comprehensive federal regulatory framework for digital assets by defining regulatory roles, establishing disclosure requirements, and protecting consumers, thereby fostering innovation and market growth.

2. Which agencies are involved in regulating digital assets under the CLARITY Act?

The Act divides regulatory authority primarily between the Commodity Futures Trading Commission (CFTC), which oversees digital commodities and spot markets, and the Securities and Exchange Commission (SEC), which regulates investment contracts related to digital assets.

3. How does the CLARITY Act define a digital commodity?

A digital commodity is defined as a digital asset intrinsically linked to a blockchain system, with value derived or expected to be derived from the blockchain’s use. These assets are excluded from securities laws under the Act.

4. What protections does the CLARITY Act offer to consumers and investors?

The Act requires crypto firms to segregate customer funds, disclose conflicts of interest, register with the CFTC, and adhere to anti-fraud provisions, enhancing transparency and safeguarding investors.

5. How does the Act affect decentralized finance (DeFi) projects?

The CLARITY Act exempts certain DeFi activities such as software development and wallet creation from regulation, recognizing their decentralized nature, while maintaining anti-fraud enforcement to protect users.

Conclusion

The CLARITY Act represents a pivotal milestone in the evolution of U.S. digital asset regulation. By clearly defining regulatory boundaries between the SEC and CFTC, introducing tailored disclosure and consumer protection requirements, and recognizing the unique nature of blockchain technology and decentralized finance, the Act aims to reduce uncertainty that has long hindered innovation and growth in the crypto market. Its bipartisan support and progress through key House committees signal strong momentum toward establishing a balanced, transparent, and innovation-friendly regulatory framework. Once enacted, the CLARITY Act is expected to foster greater investor confidence, encourage domestic crypto innovation, and help maintain the United States’ leadership in the global digital economy.

Disclaimer: This article is for informational purposes only and should not be considered financial or investment advice. Always conduct your own research before investing in cryptocurrencies.

The CLARITY Act of 2025: A Comprehensive Framework to Transform U.S. Crypto Regulation