
The CLARITY Act would transfer most digital asset oversight from SEC to CFTC. SEC commissioner says passage expected soon; Senate needs 60 votes by July 4.
A U.S. Securities and Exchange Commission commissioner said the Digital Asset Market Clarity Act, known as the CLARITY Act, is expected to pass soon. The bill cleared the House and now sits on the Senate Legislative Calendar. If enacted, it would transfer oversight of most digital assets from the SEC to the Commodity Futures Trading Commission. The SEC would retain authority over what the bill calls "investment contract assets."
The shift redraws the regulatory map for crypto. Under current rules, the SEC treats many tokens as securities, requiring registration and disclosure. The CFTC focuses on fraud and manipulation in derivatives markets. The bill's supporters argue that moving most digital assets to the CFTC would cut compliance costs for projects that do not fit the investment contract definition. It would also bring crypto futures and options under one regulator, ending the jurisdictional friction that has slowed product launches. The CLARITY Act passed the House with bipartisan votes, suggesting broad support for the change.
The administration wants the bill enacted by July 4, 2026, according to a Bloomberg report. The Senate needs 60 votes to overcome a filibuster. Bipartisan negotiations are still underway. The commissioner's statement suggests leadership expects enough Republican and Democratic support to clear that bar, though nothing is locked in. The legislative calendar is crowded with other priorities.
The CLARITY Act defines "investment contract assets" as the key carve-out. Profit-sharing tokens and governance tokens tied to a central entity would stay under the SEC. Pure commodities like Bitcoin and Ethereum would move to the CFTC. Most utility tokens would also fall under CFTC jurisdiction. The line between the two categories will be drawn in rulemaking after passage. The bill gives the SEC a narrower mandate than it currently claims.
The CFTC already oversees crypto derivatives markets, including futures and options on Bitcoin and Ethereum. Expanding its jurisdiction to spot trading would require new rules and enforcement capacity. The agency recently nixed plans for new headquarters, a sign of resource constraints during a boom in prediction markets. The CLARITY Act would hand the CFTC oversight of most digital assets, expanding its jurisdiction at a time of internal strain.
Prediction market odds cited in the Bloomberg piece put the chance of enactment by year-end at about 50-50. Passage before the July 4 recess would outpace those expectations. Without 60 votes, the industry stays in the same legal gray zone it has occupied since 2021. The SEC has pursued enforcement actions against major exchanges under current law.
The Senate is expected to take up the bill before the July 4 recess. A vote has not been scheduled. AlphaScala's crypto market analysis covers regulatory developments and their market impact.
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