
CFTC Chair Selig says the Clarity Act is close to passage. The bill would give the CFTC jurisdiction over digital commodities. Senate action is the next hurdle.
CFTC Chairman Michael Selig said the Clarity Act is close to passage, calling for a federal standard for crypto assets. Europe is moving faster on its own rules. The EU's MiCA regulation has already forced several crypto firms, including Binance, to shut down or relocate after failing to comply.
The Clarity Act would assign the CFTC jurisdiction over digital commodities. It cleared the House in 2025 but remains stuck in the Senate. Selig's comments, made public this week, did not include a timeline. Prediction market contracts price a 44.5% chance the bill becomes law by December 2026, suggesting traders saw the remarks as marginally raising the odds.
MiCA's enforcement pressure is the backdrop. The regulation took full effect in early 2025, and exchanges that missed registration deadlines in key EU markets have been scrambling. Binance, once the dominant player in Europe, pulled its local entity after failing to secure a license in several jurisdictions. Other platforms have followed, relocating to friendlier hubs in the Middle East or Asia. The EU is already eyeing a MiCA overhaul to tighten stablecoin rules and expand oversight to decentralized finance, a shift that could further reshape where crypto firms base themselves.
In the U.S., the Senate Banking Committee holds the next move on the Clarity Act. Chairman Tim Scott has not scheduled a markup. President Trump's public stance on the bill remains unclear. A statement of support from either figure would be the clearest signal of progress. A floor vote this session is possible but not guaranteed, given the crowded legislative calendar ahead of the election.
Selig did not name a specific date or attach conditions. His remark was the strongest indication yet from the agency that the CFTC wants the bill passed. The Senate remains the bottleneck. Without action there, the probability sits at less than half.
For crypto markets, passage of the Clarity Act would remove one layer of jurisdiction uncertainty. Bitcoin and Ethereum, already designated commodities, would fall clearly under CFTC oversight. Altcoins currently in limbo between SEC and CFTC territory would gain a defined home. That could draw institutional allocators who have stayed on the sidelines because of regulatory ambiguity. A failure to pass would leave the current patchwork in place, with enforcement cases being the primary rulemaking tool.
The EU's MiCA overhaul is advancing. The European Commission has proposed amendments that would bring non-custodial lending and certain DeFi protocols under the regime, chipping away at the exemption that initially shielded decentralized platforms. That push mirrors the direction of the U.S. debate, where Senator Ron Wyden has introduced a bill to shield open-source developers from being classified as money transmitters. The two jurisdictions are moving toward convergence on basic principles. The timelines differ.
Selig's comments land at a moment when U.S. crypto regulation has been moving in fits and starts. The House passed the Clarity Act with bipartisan support in 2025. The Senate has not taken it up. The CFTC chair's public optimism may reflect private signals that a vote is coming. Until it materializes, the 44.5% prediction market price is the best forward-looking estimate available.
The Senate Banking Committee plans to mark up several bills this fall. The Clarity Act is not yet on the published agenda. Selig declined to comment on the likelihood of a vote this calendar year.
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