
Bernstein warns U.S. crypto valuations at risk if the CLARITY Act stalls before the August Senate recess. The firm sees a knee-jerk selloff, with a joint SEC-CFTC rulemaking effort as a potential backstop.
Bernstein is warning investors that fading prospects for the Digital Asset Market Clarity Act in the Senate could trigger a selloff in crypto markets. The wealth management firm said the bill's passage before the August 7 recess looks increasingly unlikely, raising the risk of a negative reaction across digital assets including bitcoin and ether.
H.R. 3633, introduced on May 29, 2025, would give the CFTC oversight of digital commodities tied to blockchain networks. The SEC would retain authority over securities with certain exemptions. Stablecoins and derivatives are excluded from the core digital commodity definition. House committees reported the bill on June 23, 2025, and the Senate Banking Committee advanced it through markup in May 2026. Recent reports put the odds of passage at 27%.
Bernstein described the potential market response as a "knee-jerk reaction" among investors, according to the report. The firm did not attach specific price targets or percentage declines to its warning. The message was qualitative: expect sellers to show up if the bill fails to reach a floor vote before lawmakers head to recess.
A stall would leave the United States without a statutory framework for crypto, prolonging the regulatory uncertainty that has weighed on the sector. That fog affects valuations most directly in tokens most exposed to classification risk – assets that could be labelled securities under current SEC guidance. Bitcoin and ether, widely considered digital commodities, are less vulnerable than smaller altcoins. Still, a broad sentiment shift would hit the whole market.
If Congress fails to act, an alternative path could accelerate. Bernstein pointed to "Project Crypto," a joint rule-making effort between the SEC and the CFTC. The project aims to clarify token classification and decentralised finance rules. It could align with the Trump administration's stated goals of U.S. leadership in digital assets, the firm said. Analysts have warned that delays risk ceding that lead. Project Crypto could provide an alternative, its timeline remains unclear.
The SEC and CFTC have not disclosed a timeline for Project Crypto. Any public signal that the agencies are fast-tracking the initiative could serve as a circuit breaker for declining prices. Until then, the August 7 recess creates a hard deadline. Every calendar day without a scheduled Senate vote reduces the probability of passage. The market will watch for whether either agency breaks its silence in the days after a potential legislative failure.
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