U.S. "Clarity Act" Delay Pushes Crypto Rules to 2026: What It Means for the Industry
November 21, 2025
A Key Crypto Bill Slips Into 2026
Is the big U.S. crypto rulebook really getting kicked into 2026?
Senator Tim Scott, who chairs the Senate Banking Committee, has now admitted that the Clarity Act will not be signed this year and that a vote is more likely in early 2026. He blames Democratic resistance, arguing they do not want President Trump to turn the United States into what he calls the crypto capital of the world.
For builders and investors, that means another year where the rules are half finished. The House has already passed the Digital Asset Market Clarity Act of 2025, known as the Clarity Act, but the Senate has not yet agreed on its final shape.
What the Clarity Act Actually Does
The Clarity Act is the main House-passed bill that tries to answer a simple question: which tokens are more like stocks, and which are more like commodities. It sets definitions for digital assets, splits responsibility between the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC), and creates a registration path for trading platforms and brokers that deal with digital assets.
It sits alongside the Genius Act, the stablecoin law passed in July 2025 that covers dollar-pegged tokens. The Genius Act is already in place, while the Clarity Act is the missing piece that covers the wider crypto market, trading venues, and token projects.
Why the Delay Happened
The political process behind the bill remains complicated.
On paper, there is at least some bipartisan support for a crypto market-structure law, even if the parties still clash on the details. In practice, Democrats and Republicans disagree on how strict the anti-money laundering rules should be, how to treat DeFi, and the broader political concern over how different parts of the industry, including ventures linked to Trump allies, could benefit under the final rules.
Senate Democrats have already floated a tougher framework that would treat many DeFi protocols as full financial intermediaries that must verify customer identities, which the industry says would crush open protocols.
At the same time, the Senate Agriculture Committee has released its own market structure draft that builds on the Clarity Act, and lawmakers are expected to reconcile that draft with the Banking Committee version before any final vote. That committee process takes time, and the 43-day government shutdown, combined with an overloaded 2025 calendar, slowed progress further.
What This Means for Crypto in 2025
Bitcoin price movement during the ongoing regulatory limbo period. (Source: CoinMarketCap)
The delay means the industry spends another year navigating vague rules. Exchanges, including those positioning themselves as a no fee crypto exchange, will keep operating under mixed SEC, CFTC, and state guidance until a federal framework arrives.
Token issuers face similar uncertainty because they still do not have a clear legal rule for when a token can shift from being treated like a security to a digital commodity.
DeFi and stablecoin projects now work in an uneven environment where the Genius Act is active but broader market rules are unfinished, leaving teams to rely on whatever crypto onramp options remain available under current guidance.
At the same time, the SEC’s latest examination priorities quietly remove crypto as a named focus, which softens the regulatory tone but does not change the legal obligations that firms must follow.
The Bigger Picture Heading into 2026
The broader pattern is already visible. The United States already has a stablecoin law through the Genius Act, a House-passed market structure bill through the Clarity Act, and two Senate committees working on their own digital asset drafts. What is missing is a final, unified law that tells the market who regulates what and how trading platforms should register.
Senator Scott still says he wants a vote on the Clarity Act-style market structure bill as early as the first half of 2026. Many industry analysts now view 2026 as the most realistic target for a full federal rulebook covering trading venues, digital commodities, and token-project disclosures.
For teams building in the United States, the message is simple. 2025 is another year of planning for multiple scenarios, tracking state-level rules, and watching Senate calendars. When the Clarity Act finally lands, it is likely to set clearer lines on who supervises what, which licenses are needed, and what kind of reporting exchanges and brokers must follow.
What Crypto Users Should Take Away
For everyday investors, the delay can feel frustrating, but it is not the same as a ban or a crackdown, and it does not affect their ability to use a digital wallet or manage their assets. Trading will continue, and spot Bitcoin and Ether products are expected to keep evolving, and the broader market will still respond to rates, ETF flows, crypto market prices, and global news.
A key risk flagged by many analysts is that without clear U.S. rules, some projects and platforms might keep choosing easier jurisdictions, which could slow the country’s influence over the next wave of crypto innovation.
The Clarity Act is not dead; only delayed. The real work for the industry now is to survive another year of messy rules and be ready when Congress finally decides what the future U.S. crypto market should look like.
FAQs
Why did the Clarity Act slip into 2026 instead of passing in 2025?
The bill stalled because Senate Democrats and Republicans still disagree on rules for DeFi, anti-money laundering standards, and how much authority each agency should have. With a packed 2025 calendar, many lawmakers and analysts now see early 2026 as the more realistic window for a vote.
Does this delay affect all crypto rules in the United States?
No. Several changes are still moving forward in 2025. The Genius Act, the federal stablecoin law, is already active, and both state licensing rules and agency guidance continue to evolve. Only the wider market structure law is delayed.
Is the SEC stepping back from overseeing crypto?
The SEC removed crypto as a named focus from its 2026 examination priorities, which signals a shift in tone. However, enforcement tools and existing rules still apply, so firms should not assume lighter oversight.
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