Lummis Demands Clarity Act Pass Calling Unregulated Crypto a Liability

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What the Clarity Act Crypto Framework Would Change

The Clarity Act crypto framework introduces statutory definitions that replace the current case-by-case approach. At its core, the bill defines “digital commodities” as digital assets intrinsically linked to a blockchain system. The bill sits at the center of the broader U.S. crypto market structure debate because it would clarify when digital assets fall under SEC oversight and when they move under the CFTC’s jurisdiction.

The bill also introduces the concept of a “mature blockchain system.” To qualify, a blockchain must demonstrate decentralized control, open-source elements, and distributed governance. Non-mature systems face additional disclosure requirements under the proposed rules.

On the jurisdiction question, the CFTC takes primary oversight of spot-market transactions in digital commodities on registered platforms. The SEC retains authority over investment contracts involving digital commodities, including primary offerings and sales. This split aims to end the longstanding turf war between the two agencies.

How the SEC and CFTC Split Would Work

Under the current system, the SEC treats many tokens as unregistered securities using the Howey test. That test asks whether an asset involves an investment of money in a common enterprise, with profits expected from the efforts of others. Years of enforcement actions and legal uncertainty followed.

The Clarity Act crypto bill shifts most spot digital commodity activity to CFTC oversight. Digital commodity exchanges, brokers, and dealers must register with the CFTC through an expedited 180-day process. BSA and anti-money laundering obligations apply to all registered entities.

Secondary trading of compliant digital commodities on mature blockchains does not trigger securities treatment under the bill. True investment-contract sales, like token launches raising capital, still fall under SEC rules.

Bipartisan Support, But Not Unanimous

The 15-9 committee vote reflected months of bipartisan negotiations. Democrats including Senators Gallego and Alsobrooks voted in favor.

Senator Lummis said on May 12, when the committee released the updated text: “I have spent years fighting to make the U.S. the digital asset capital of the world, and today’s text represents nearly a year of bipartisan, blood, sweat, and tears that brings us one step closer to giving this industry the clarity it deserves.”

Market Reaction to the Committee Vote

Financial markets responded positively to the May 14 committee advance. Coinbase shares surged roughly 9% on the day, according to multiple reports. MicroStrategy gained about 8%, while Robinhood rose approximately 6%.

Bitcoin reached an intraday high near $82,000 before closing up about 2.5%. Positive risk-on sentiment extended to broader equities as well.

On-chain monitoring platforms like Glassnode and Dune did not surface standout protocol-level reactions tied specifically to the vote, according to available reporting. No dramatic market movement followed the May 25 Lummis tweet either.

Years of Legislative Effort Behind the Bill

The Clarity Act did not appear overnight. Senator Lummis first introduced the Responsible Financial Innovation Act with Senator Gillibrand in 2022. That bill, reintroduced in 2023 as S.2281, laid the groundwork for a comprehensive digital-asset framework.

Congress passed the GENIUS Act, a stablecoin-focused bill, which became law on July 18, 2025. The Clarity Act builds on that foundation by addressing the broader market-structure questions the GENIUS Act left open.

Rep. French Hill introduced H.R.3633 on May 29, 2025 with 21 cosponsors, including 8 original sponsors. Multiple Senate Banking Committee markup delays in early 2026, driven by disagreements over DeFi safe harbors and ethics provisions, preceded the May 14 vote.

What Happens Next

Senator Lummis has targeted summer 2026 for a Senate floor vote. The exact schedule remains unconfirmed. If the Senate passes a version with significant differences from the House bill, a conference committee would need to reconcile the two.

The White House has not publicly confirmed its position on the current text. Implementation rulemaking, with timelines of 180 to 360 days post-enactment, would follow any presidential signature.

For now, the Clarity Act crypto bill represents the closest Congress has come to giving the digital asset industry a defined regulatory framework. Whether that momentum holds through the Senate floor and beyond will determine if Lummis’s years-long push finally becomes law.

This article is for informational purposes only and does not constitute financial advice. Always do your own research before making investment decisions.