Executive Summary30-second read
HR 3633, the Digital Asset Market Clarity Act of 2025 (commonly the “CLARITY Act”), is the House-side market-structure bill that divides digital-asset oversight between the SEC and CFTC. The House passed it 294–134 on July 17, 2025. The Senate Banking Committee ordered it reported favorably on May 14, 2026 with an amendment in the nature of a substitute. The bill is two procedural steps from law.
The single most informative pattern in the data: the bipartisan cosponsor list was bought before the bill existed. Crypto-industry super PACs spent $4.4M+ in 2024 supporting seven candidates who subsequently became HR 3633 cosponsors. Direct PAC giving followed in 2025–2026 as relationship maintenance.
Where the bill stands todayLive
The House passed HR 3633 on a 294–134 bipartisan vote in July 2025 and the bill cleared Senate Banking by favorable order-report just two days ago (May 14, 2026) with an amendment in the nature of a substitute. Senate floor consideration is the next gate — the structural fight is now entirely Senate-side.
Legislative timeline
Why this brief mattersFrame
What the bill doesSummary
HR 3633, the Digital Asset Market Clarity Act of 2025 (commonly the “CLARITY Act”), establishes a federal regulatory framework that divides oversight of digital commodities between the Securities and Exchange Commission and the Commodity Futures Trading Commission. The bill creates statutory definitions distinguishing digital commodities from digital securities and assigns supervisory jurisdiction accordingly. Senate-side amendments folded in anti-CBDC provisions that prohibit Federal Reserve issuance of a retail central bank digital currency. The bill is the House-side companion to the Senate's GENIUS Act stablecoin framework — together they form the core of the 119th Congress's crypto regulatory package.
Key points for industry & policy readers
- SEC/CFTC jurisdictional split is the heart of the bill. Spot-market digital commodities move to CFTC supervision; securities-like tokens stay with SEC. Resolves the Howey-test ambiguity that has driven enforcement-by-litigation since the 2022–2024 cycle.
- Anti-CBDC provisions were a Senate add. The Anti-CBDC Surveillance State Act language was incorporated during Senate consideration; the House-originated text was pure market structure. PoliStack's
short_titlepicked the Senate-added title — the bill's substantive identity remains the market-structure framework. - Bipartisan cosponsor structure is intentional and engineered. 14 R / 7 D, with 5 cosponsors in competitive 2026 districts. The June 20 coordinated wave is whip-level evidence of a deliberately bipartisan rollout.
- Three of four committee gavels are held by cosponsors. Hill (HFSC Chair, sponsor), Thompson (Ag Chair, cosponsor), Craig (Ag Ranking, cosponsor). Only Maxine Waters (HFSC Ranking) opposes from inside the jurisdictional pool. The House-side committee fight was over before introduction.
- Senate Banking is the chokepoint. With the May 14, 2026 favorable order-report behind it, the bill heads to the Senate floor. The amendment in the nature of a substitute means the Senate text differs materially from the House version — expect a conference or House concur-with-amendment maneuver.
- National-security framing is being built. The China Select Committee cluster of cosponsors (Johnson, Nunn, Stevens, Torres) gives the bill a “don't cede infrastructure to China” narrative running alongside the industry's “innovation freedom” framing.
- Passage probability is high for the House version. Senate Banking substitute creates execution risk. The bipartisan vote margin and committee gavel concentration on the House side made passage there nearly automatic. The Senate substitute opens the bill to amendments and procedural delay that the crypto coalition will need to manage.
Sponsor & Cosponsor Roster22 Members
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| Member | Party | District | Competitiveness | Date Signed | Committees | PL % | LII (118) | Ideology |
|---|---|---|---|---|---|---|---|---|
| HILL, French★ | R | AR-2 | Safe | 2025-05-29 | HFSC [Chair], Intelligence | 96.5 | 86.3 | Conservative |
| CRAIG, Angela | D | MN-2 | Safe | 2025-05-29 | Ag [Ranking] | 95.1 | 31.3 | Liberal |
| DAVIDSON, Warren | R | OH-8 | Safe | 2025-05-29 | HFSC, Foreign Affairs | 90.8 | 67.2 | Very Conservative |
| DAVIS, Don | D | NC-1 | Toss-up | 2025-05-29 | Armed Services, Ag | 82.4 | 68.4 | Lean Liberal |
| EMMER, Thomas | R | MN-6 | Safe | 2025-05-29 | HFSC | 98.8 | 41.2 | Conservative |
| JOHNSON, Dustin | R | SD-1 | Safe | 2025-05-29 | Ag, T&I, China Select | 98.8 | 70.0 | Conservative |
| STEIL, Bryan | R | WI-1 | Safe | 2025-05-29 | HFSC, House Admin [Chair] | 98.6 | 59.1 | Conservative |
| THOMPSON, Glenn | R | PA-15 | Safe | 2025-05-29 | Ag [Chair], Ed & Workforce | 96.5 | 41.5 | Conservative |
| TORRES, Ritchie | D | NY-15 | Safe | 2025-05-29 | HFSC, China Select | 96.7 | 85.5 | Liberal |
| GOTTHEIMER, Josh | D | NJ-5 | Safe | 2025-06-02 | HFSC, Intelligence | 93 | 78.2 | Lean Liberal |
| HUIZENGA, Bill | R | MI-4 | Safe | 2025-06-05 | HFSC, Foreign Affairs | 97.6 | 76.1 | Very Conservative |
| BEGICH, Nicholas III | R | AK-1 | Competitive | 2025-06-20 | Natural Resources, Science, T&I | 95.7 | — | Very Conservative |
| BRESNAHAN, Robert | R | PA-8 | Toss-up | 2025-06-20 | Ag, Small Business, T&I | 94.5 | — | Conservative |
| CARTER, Buddy | R | GA-1 | Safe | 2025-06-20 | Energy & Commerce, Budget | 99.4 | 91.0 | Very Conservative |
| LAWLER, Michael | R | NY-17 | Toss-up | 2025-06-20 | HFSC, Foreign Affairs | 93.3 | 92.0 | Lean Conservative |
| MCDONALD RIVET, Kristen | D | MI-8 | Lean D | 2025-06-20 | Ag, T&I | 92.3 | — | Lean Liberal |
| MESSMER, Mark | R | IN-8 | Safe | 2025-06-20 | Ed & Workforce, Armed Services, Ag | 98.5 | — | Very Conservative |
| MEUSER, Dan | R | PA-9 | Safe | 2025-06-20 | HFSC, Small Business | 97.9 | 49.6 | Conservative |
| MOORE, Riley | R | WV-2 | Safe | 2025-06-20 | Appropriations | 93 | — | Very Conservative |
| NUNN, Zach | R | IA-3 | Competitive | 2025-06-20 | HFSC, Ag, China Select | 95.7 | 58.6 | Conservative |
| THANEDAR, Shri | D | MI-13 | Safe | 2025-06-20 | Ag, Homeland Security | 96.8 | 42.9 | Liberal |
| STEVENS, Haley | D | MI-11 | Safe | 2025-06-23 | Ed & Workforce, Science, China Select | 98 | 86.1 | Liberal |
PL = Party Loyalty rate (% of votes with party majority, 119th Congress). LII (118) = Legislative Impact Index for the 118th Congress (Volden & Wiseman methodology; 119th not yet scored).
Caucus bridges
House Roll Call 199 · Jul 17, 2025294–134 · Passed
What the vote tells us
- Bipartisan but Republican-anchored. 294 yeas on a House crypto-structure bill is a substantial bipartisan margin given the partisan polarization on financial-regulatory bills since 2022.
- All 21 cosponsors voted yes. Cosponsorship-to-vote consistency is 100% — no cosponsor defected at the floor stage, including the competitive-district members (Davis, Bresnahan, Lawler, Begich, Nunn).
- The opposition is not on the cosponsor side. 134 nays — predominantly progressive Democrats led by Waters, Lynch, and consumer-protection-oriented members. The opposition's argument is investor-protection rollback, not anti-bipartisanship.
- Procedural cleanliness. Floor consideration was under a structured rule with one hour of debate and a motion-to-recommit. No surprise amendments — the bill came to the floor with the deal already pre-negotiated.
Direct PAC contributions to cosponsors2024+2026 Cycles
PAC universe: 17 crypto-affiliated PACs (Fairshake, Protect Progress, Coinbase Innovation, Circle Internet, Blockchain Assn., Ripple of Hope, Stand With Crypto, Crypto.com Fed, CCI, Main Street Crypto, American Blockchain, Blockchain Freedom, Crypto Freedom, Crypto Innovation, Blockchain Leadership Fund, Republicans for a Pro-Crypto Senate Majority) plus 6 trad-finance trade-association PACs (ABA BANKPAC, BPI, ICI, MFA, Managed Funds, SIFMA). Totals deduplicated by max totalAmount per (PAC, member, cycle) tuple to correct for parallel-edge fanout.
The Super PAC playbook: $4.4M elected the cosponsors before HR 3633 existedThe real money
Direct PAC donations are capped at $5,000 per election. Super PAC independent expenditures are uncapped. Fairshake (Republican-leaning) and Protect Progress (Democratic-leaning) are crypto-industry super PACs, and across the 2024 cycle they spent $4.4M+ supporting seven future HR 3633 cosponsors on television, digital, and mail. The bill was introduced May 29, 2025. Every one of those IE checks was cut 5 to 18 months before HR 3633 existed. This isn't lobbying — it's candidate recruitment.
The four members the crypto industry chose to elect
For Thanedar, Nunn, Craig, and Steil, Fairshake / Protect Progress IE support exceeded their entire 2024 cycle's typical IE total. These aren't cosponsors who received a contribution — these are candidates the crypto super PAC machine effectively put into office. Each one now occupies a structurally critical position on HR 3633's path.
The flipside: what crypto super PACs do to opponents
Lobbying: who showed up, and who deliberately didn't100 LDA mentions
34 distinct registrants plus 11 trade-association entities filed federal Lobbying Disclosure Act reports naming HR 3633 between Q2 2025 and Q1 2026. The story splits into three threads: who pushed, who hired the gun, and — most importantly — who stayed silent on purpose.
Story 1: The hired-gun ecosystem split the bill into sides
Three patterns emerge across the lobbying firms working HR 3633: pure-crypto specialists, pure-trad-finance specialists, and bidirectional firms representing both sides simultaneously on the same bill. The bidirectional firms are the most economically interesting — they win regardless of how the SEC/CFTC split shakes out.
Story 2: The absence of the big-bank trade associations IS the signal
What proves this is strategic rather than accidental? The same trade associations are prolifically active on every adjacent crypto bill. ABA alone has filed disclosures on five different crypto/digital-asset bills. The pattern is unmistakable: trad-finance is fighting hard on stablecoins and AML, conceding market structure.
| Trade Association | HR 3633 (this bill) | Adjacent crypto bills lobbied | Strategic reading |
|---|---|---|---|
| ABA American Bankers Assn. | — absent — | S.2669 (Digital Asset AML), S.919 (GENIUS), HR 4763 (FIT21), HR 4766 (Stablecoins), HR 5403 (CBDC) | 5 crypto bills lobbied. Stablecoins & AML are where bank-charter monopoly is threatened — that's where they spend. |
| SIFMA Securities Industry Assn. | — absent — | HR 4766 (Stablecoins, 118th) | Stablecoin disclosure only. Skipped market-structure entirely. |
| BPI Bank Policy Institute | — absent — | S.1582 (GENIUS Act, 119th) | GENIUS Act focus. Bank-side stablecoin defense. |
| FSF Financial Services Forum | — absent — | S.394 (GENIUS Act, 119th) | Big-bank CEO group. GENIUS Act focus. |
| ICI Investment Company Inst. | — absent — | No crypto bills lobbied directly | Asset managers treat crypto regulation as not yet material to their business. |
| MFA Managed Funds Assn. | — absent — | No crypto bills lobbied directly | Hedge funds not taking a public position on crypto regulatory structure. |