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Senate Marks Up CLARITY Act; Crypto Regulatory Framework Edges Closer to Passage

The Senate held a markup of the CLARITY Act on May 14, marking a historic moment for crypto regulation; the bill splits SEC/CFTC oversight and is expected to clear committee soon, with Kevin Warsh's Federal Reserve confirmation also happening the same day, signalling bipartisan support for crypto infrastructure rules.

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Key facts

  • Senate Judiciary Committee marked up CLARITY Act on May 14, 2026
  • CLARITY Act splits SEC/CFTC jurisdiction over spot and derivatives markets
  • Kevin Warsh confirmed as Federal Reserve Chair same day; viewed as crypto-friendly
  • Coinbase CEO stated bill is "closer than ever" to passage

What's happening

The CLARITY Act markup in the Senate Judiciary Committee represents the most material regulatory progress for crypto in years. The bill proposes a clear split of authority between the SEC (overseeing spot markets and assets that function as securities) and the CFTC (overseeing derivatives and commodity-like instruments), ending years of regulatory ambiguity that had stalled institutional adoption and trapped US capital on offshore exchanges. Coinbase CEO Brian Armstrong tweeted that the CLARITY Act is "closer than ever" and "will benefit the American people by making the US financial system faster, cheaper, and more accessible."

The timing of the markup coincided with Senate confirmation of Kevin Warsh as Federal Reserve Chair, replacing Jerome Powell. Warsh has been viewed by the crypto community as sympathetic to digital assets and less restrictive than Powell on stablecoin regulation and banking access for crypto firms. The symbolic alignment of Warsh's confirmation and the CLARITY Act markup suggested that the regulatory environment for crypto is shifting from hostile to accommodative at both the Fed and congressional levels.

The practical implications are immediate: a clearer regulatory framework would allow US exchanges to expand services (spot trading, staking, lending) without fear of enforcement action. It would also enable banks to serve crypto clients more openly, lowering barrier-to-entry for retail and institutional adoption. Companies like Coinbase and blockchain infrastructure firms would gain pricing power and operational flexibility. Stablecoin issuers (Circle, Paxos) could stabilise business models that have been in regulatory limbo.

The debate within crypto centres on whether CLARITY will pass both houses and survive a potential Trump veto (unlikely, given his stated pro-crypto stance) or face delays. Some observers worry that a veto-proof majority is not yet assured in the House, and that regulatory hawks on the Senate Banking Committee could slow progress. However, the near-universal support from tech CEOs, fintech leaders, and now the Federal Reserve chair-elect suggests momentum is genuine.

What to watch next

  • 01CLARITY Act committee vote and timeline to Senate floor
  • 02House companion bill progress and bipartisan support signals
  • 03Federal Reserve policy signals from Warsh on stablecoins and banking access for crypto
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