Live·Mon, Apr 27, 2026

CLARITY Act Stalls in Senate Banking Committee

Repeatedly cancelled markup sessions and a narrow Senate calendar have raised real doubts about whether comprehensive crypto market structure legislation can pass before the 2026 midterms.

MW
Marcus WebbRegulatory Affairs Editor
March 18, 20265 min read
CLARITY Act Stalls in Senate Banking Committee

The Digital Asset Market Clarity Act has effectively stalled in the Senate Banking Committee, with multiple scheduled markup sessions cancelled without replacement dates and committee leadership offering only general statements about ongoing negotiations. The dynamic has visibly shifted industry sentiment from cautious optimism in mid-2025 to growing acceptance that the bill may not pass during the current Congress, even though the underlying substantive disagreements have narrowed materially over the same period.

The procedural delay is the more visible problem. A first markup session originally scheduled for early February was postponed to late February, then to mid-March, then indefinitely. Each cancellation has been accompanied by language from Banking Committee staff about "ongoing technical drafting work," but the meta-pattern has become difficult to interpret as anything other than the chair's reluctance to stage a vote before assurances of passage are in hand. Market-structure legislation is the type of complex, high-visibility bill where a failed markup is a worse political outcome than no markup at all.

The substantive disputes are narrower than the procedural delays suggest. Negotiators on both sides of the aisle are largely converged on the broad jurisdictional split between the SEC and the CFTC, on the architecture of the Mature Blockchain Test, and on the overall structure of intermediary registration. The remaining disagreements center on a small set of issues: the scope of SEC continuing authority over certain alternative trading systems, the precise threshold for Mature Blockchain classification (with some Democratic members pushing for 25 percent rather than the House-passed 20 percent), and the treatment of staking-as-a-service products that sit near the security-commodity classification line.

Industry sentiment has correspondingly shifted. In mid-2025, most major U.S. crypto firms were publicly arguing that the House CLARITY Act required substantial Senate-side amendments before being acceptable. By early 2026, a growing share of the same firms were arguing — sometimes explicitly — that the more important objective was simply to pass the existing bill and address residual technical concerns through subsequent rulemaking. Coinbase CEO Brian Armstrong's recent public call for an immediate Senate vote reflects that recalibration. The Blockchain Association and the Chamber of Digital Commerce have similarly shifted their advocacy from "amend then pass" to "pass now, refine later."

The broader implication is that the political calendar has begun to dominate the substantive negotiation. Senate Banking Committee chairs have, in recent Congresses, been reluctant to advance complex market-structure bills in the months leading up to a midterm election; that reluctance compounds with the Senate's natural calendar pressures from appropriations work, continuing resolutions, and post-recess executive-nominations dockets. Without resolution within the next several weeks, the timing problem becomes self-fulfilling: as midterms approach, controversial bills become harder to pass at all because the political incentive to differentiate from the opposition party rises sharply.

What would unblock the bill remains a narrow set of decisions. The most actionable path is for the chair to schedule and hold a markup before early summer, accepting that the resulting vote will likely be along narrow margins. The alternative is a bipartisan deal — most plausibly an amendment package that addresses the small set of remaining substantive concerns and brings several Democrats explicitly on board. Neither path is foreclosed, but neither is on the announced calendar either. The next public signal is whether Banking schedules a markup before the April recess; absence of such a signal would meaningfully raise the probability that the broader market-structure framework slips into the next Congress.

MW

Marcus Webb

Regulatory Affairs Editor

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