CLARITY Act News: A Senate Vote Could Shape the SEC-CFTC Crypto Divide

In this CLARITY Act news, Sen. Cynthia Lummis warned via X on Sept. 6 that if the CLARITY Act fails to pass in the current Congress, the next realistic opportunity to advance crypto market-structure legislation will not arrive until 2030. The Senate faces a procedural vote on the 15th, but unresolved ethics, law-enforcement and market-integrity provisions leave final passage before the November midterm elections uncertain.

This is not simply a scheduling dispute over one floor vote. It is a question of whether the United States can lock in a durable federal division of authority between the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) before the congressional and election calendars close the window entirely.

The CLARITY Act’s stated purpose is to establish criteria for distinguishing digital assets as securities versus commodities and to clarify which regulator oversees which market.

If the Clarity Act doesn’t pass this Congress, the next real opportunity to bring market structure legislation back up is 2030. That’s years of jobs, investment, and tax revenue we can avoid squandering if we finish this now.

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