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SEC and CFTC set up temporary remedies, reducing probability of passage of CLARITY bill

2026-08-16 12:10:22
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Congress and regulators no longer advance in sync. The CLARITY Act, a U.S. cryptocurrency market structure bill designed to resolve long-standing disputes over the issuance and trading of digital assets, seems less likely to be passed in 2026. Galaxy Research's latest interpretation points out that legislative momentum is waning and regulatory action is accelerating.

Banking industry resistance to comprehensive market structural changes has emerged in the Senate, with major cryptocurrency legislation facing last-minute lobbying battles. This friction is now part of the broader context of the CLARITY Act. As time is running out, the real question facing exchanges, issuers and compliance teams is not whether Congress will act, but which regulator will be the first to fill the gap.

Regulatory action is accelerating

The U.S. Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) address uncertainty by promoting administrative measures: rulemaking, explanatory guidance, and regulatory exemptions. Galaxy said its goal is to clarify how digital assets should be issued, traded and regulated if legislative paths are blocked. In the short term, a staff explanation or exemption may be more useful than a bill that may never make it to the ballot.

This speed has practical value. A token project waiting for registration guidance, or a trading platform trying to understand which regulator has jurisdiction, can make operational decisions based on regulator actions much faster than waiting for the outcome of a congressional deadlock. For institutional buyers and token issuers, the difference between legal provisions and regulatory exemptions is not an academic issue. Legal provisions are binding on regulators and can withstand leadership changes. The durability of the exemption depends on the current dominant thinking of the committee.

This urgency is particularly evident in tokenization of real-world assets, whose issuance and settlement structures are already growing at scale. Recent tokenization activity suggests that market participants are not waiting for Washington to clarify all definitions before expanding product lines.

Temporary clarity has a hard upper limit

Galaxy's warning is straightforward: administrative fixes lack legal durability. Rulemaking and guidance may be revised or overturned by future governments and cannot replace the long-term framework established by Congress. This brings another kind of uncertainty. Companies may build based on the views of SEC staff, but all their previous efforts will be wasted after the new chairman takes office during the political transition.

The result is the reality of dual-track regulation. Congress may still be able to enact a lasting law, but now the industry is operating on guidelines that come faster and are easier to overturn. This is not a stable basis for capital-intensive infrastructure decisions.

For legal and compliance leaders, this shift also changes the types of risks they need to manage. The legislative process comes with a set of lobbying and time risks. The administrative process comes with another set of risks: guidance documents may disappear as new governments change, or courts may interpret the rules more narrowly than staff expect. This distinction has now become a planning cost rather than a theoretical concern.

At the same time, despite the legal noise, developer activity remains concentrated in a few dominant ecosystems. This week's developer activity remains concentrated on the main Layer 1 and Layer 2 networks, but asset rules built on these chains still depend on what regulators do next.

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