On September 15, the Senate failed to advance the Digital Market Clarity Act (CLARITY Act), a comprehensive cryptocurrency regulatory framework bill backed by President Trump and the digital asset industry. The bill would have split oversight for cryptocurrency between the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC), established registration requirements, and strengthened anti-money laundering protections. The bill fell 10 votes short of the 60 needed to proceed, despite a last-minute revised text released over the weekend aimed at addressing certain concerns.

With Congress recessing ahead of the November midterms, the bill is effectively shelved for now.

Link to Why It Matters Why It Matters

The CLARITY Act was designed to give crypto companies clearer legal footing by establishing a defined regulatory framework for digital assets. Without it, the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) can act under existing authority. As discussed in our August 26, 2026 post, the SEC jumped the Senate session with its proposal of Regulation Crypto Assets.

Link to Our Take Our Take

The failed vote means that the crypto industry will likely have to wait until next year for the CLARITY Act to be taken up by Congress again. However, this fits a broader pattern worth watching: absent congressional action, crypto oversight will continue to be shaped agency-by-agency and administration-by-administration, creating exactly the kind of regulatory uncertainty the industry has lobbied against. Financial institutions and crypto-adjacent businesses should expect continued  SEC and CFTC involvement in the interim, while keeping an eye on the bill’s potential revival after the election.

Photo of Genna Garver Genna Garver

Genna provides targeted, practical advice to investment advisers and their proprietary private investment funds. She represents institutional investors, funds of funds and family offices in connection with their private fund investments. Genna routinely advises clients on formation and offering matters for both domestic…

Genna provides targeted, practical advice to investment advisers and their proprietary private investment funds. She represents institutional investors, funds of funds and family offices in connection with their private fund investments. Genna routinely advises clients on formation and offering matters for both domestic and offshore funds; SEC and state investment adviser, broker-dealer and private fund regulation; Investment Advisers Act compliance programs, annual reviews and ongoing compliance matters; and regulatory examinations and investigations.

Photo of David Madrazo David Madrazo

David assists clients with a variety of transactional needs, including mergers and acquisitions and other general corporate matters. He focuses his practice on structured finance and securitization matters. David represents the corporate trust departments of financial institutions in their capacities as corporate trustee,

David assists clients with a variety of transactional needs, including mergers and acquisitions and other general corporate matters. He focuses his practice on structured finance and securitization matters. David represents the corporate trust departments of financial institutions in their capacities as corporate trustee, collateral administrator, collateral agent, paying agent, custodian, securities intermediary, and other service provider capacities. He has representative experience in collateralized loan obligation transactions, warehouse facilities, and loan financing transactions.

Photo of Ethan G. Ostroff Ethan G. Ostroff

Ethan’s practice focuses on financial services litigation and compliance counseling, as well as digital assets and blockchain technology. With a long track record of successful litigation results across the U.S., both bank and non-bank clients rely on him for comprehensive advice throughout their

Ethan’s practice focuses on financial services litigation and compliance counseling, as well as digital assets and blockchain technology. With a long track record of successful litigation results across the U.S., both bank and non-bank clients rely on him for comprehensive advice throughout their business cycle.

Photo of Lori Sommerfield Lori Sommerfield

With over two decades of consumer financial services experience in federal government, in-house, and private practice settings, and a specialty in fair lending regulatory compliance, Lori counsels clients in supervisory issues, examinations, investigations, and enforcement actions.