Research dossier · File Sep 10, 2026
The Crypto Rulebook Has a Missing Layer | Congress Wants to Build It | CLARITY
The CLARITY Act could reshape U.S. crypto regulation by dividing responsibilities between the SEC and CFTC, defining digital commodities and network tokens, creating disclosure and registration pathways, addressing exchanges and intermediaries, setting boundaries for DeFi, and clarifying where federal authority can preempt state requirements. But Senate committee action is not final passage, and enactment would begin an extensive rulemaking process rather than produce immediate regulatory certainty.
About this briefing
Video description
The CLARITY Act could reshape U.S. crypto regulation by dividing responsibilities between the SEC and CFTC, defining digital commodities and network tokens, creating disclosure and registration pathways, addressing exchanges and intermediaries, setting boundaries for DeFi, and clarifying where federal authority can preempt state requirements. But Senate committee action is not final passage, and enactment would begin an extensive rulemaking process rather than produce immediate regulatory certainty.
This analysis examines H.R. 3633, the separate Senate Banking and Agriculture frameworks, the SEC and CFTC’s March 2026 crypto interpretation, the SEC’s proposed Regulation Crypto Assets, and the Senate provision that may apply to the Bitwise XRP ETF. XRP already appears in the SEC’s digital-commodity taxonomy, so the bill’s more important potential effect is statutory durability and regulated market access—not guaranteed XRP adoption, institutional demand or price appreciation.
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Chapters:
0:00 The Missing Layer
1:30 Two Agencies With Different Jobs
3:05 The Token and the Deal Are Different
4:55 What Companies Would Actually Have to Do
6:37 De-Fi, Banks and the States
8:22 Where XRP Really Fits
10:32 Passage Would Start the Next Phase
12:15 Why This Matters for Crypto’s Future
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