
CFTC Chair Selig says Congress is close to passing the CLARITY Act, which would give his agency primary jurisdiction over Bitcoin and Ether. A Senate vote before August recess is the key marker.
CFTC Chair Michael S. Selig said Congress is close to passing the Digital Asset Market Clarity Act, known as the CLARITY Act, which awaits a Senate floor vote and reconciliation with the House version. The House already passed the bill.
The legislation would give the CFTC primary jurisdiction over digital commodities like Bitcoin and Ether, while the SEC would keep oversight of tokens classified as securities. Selig’s comments mark the closest a crypto-specific bill has come to enactment since the 2022 infrastructure law included broker reporting rules for digital assets.
The Senate faces a packed calendar with the August recess weeks away. If the chamber votes before recess, the bill could reach the president’s desk this year. A delay pushes the timeline into September or later, adding uncertainty for exchanges, custodians, and token issuers that depend on clearer jurisdictional lines.
The bill directly affects how platforms classify tokens. Bitcoin and Ether, already treated as commodities by the CFTC in enforcement actions, would receive explicit statutory backing. That could reduce litigation risk for exchanges listing them. Tokens the SEC currently views as securities would remain under SEC rules unless they meet the bill’s definition of a digital commodity.
Market reaction to Selig’s remarks was muted. Bitcoin barely moved. Ether held its weekly range. Traders said that likely reflected the uncertainty of the Senate vote. A positive outcome – passage in the Senate – would probably trigger a relief rally in major tokens. A failure or indefinite delay would be a negative signal for regulatory clarity, though not a surprise given past congressional gridlock.
The reconciliation process adds another layer. The House and Senate versions may differ on definitions, custody rules, or the treatment of decentralized finance. Any differences require a conference committee, which could drag into the fall. Selig’s optimism may reflect confidence that those differences are small enough to resolve quickly.
Several factors support the thesis that legislation is near. Selig’s public optimism is one. Another is the absence of major opposition amendments during the House vote. The Senate has yet to schedule floor time, however. Any procedural hurdle – a hold, a floor objection, a competing bill – would weaken the case for a summer enactment.
Selig said he has been in discussions with Senate leaders and expects a vote soon. The next two weeks will show whether the optimism is justified. Lawmakers return to their districts for recess at the end of July.
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