H.R. 3633

Digital Asset Market Clarity Act

Official summary

Written by the Congressional Research Service.

Digital Asset Market Clarity Act of 2025 or the CLARITY Act of 2025

This bill establishes a regulatory framework for digital commodities, defined by the bill as digital assets that rely upon a blockchain for their value.

The Commodity Futures Trading Commission must generally regulate digital commodities transactions, including digital commodity exchanges, brokers, and dealers. To qualify for trade on an exchange (1) a digital commodity’s blockchain must be mature, or on a blockchain system that has achieved decentralized control as defined by the bill; or (2) the issuer of the digital commodity must file certain reports. The bill establishes requirements for trade monitoring, recordkeeping, and the commingling of customer assets.  

The bill exempts digital commodities on mature blockchains (and digital commodities on blockchains expected to mature within certain timeframes) from Securities and Exchange Commission (SEC) registration requirements if annual sales fall under a certain amount and other requirements are met. The bill provides the SEC with jurisdiction over digital commodity activities and transactions engaged in by certain brokers and dealers on alternative trading systems and by national securities exchanges. 

Digital commodity exchanges, brokers, and dealers are subject to the Bank Secrecy Act for anti-money laundering and related purposes.

The bill also sets forth requirements for alternative trading systems, previously issued digital commodities, and provisional registration until the bill is implemented.  

For more information on this bill, see CRS Insight IN12583, Crypto Legislation: An Overview of H.R. 3633, the CLARITY Act.

Text of the bill

Expand all

I Definitions; Rulemaking; Expedited Registration

Sec. 110. Application of the Bank Secrecy Act Changed · Jul 17

Where this section came from

  1. May 29, 2025 · Introduced in House Referred to House Committee on Financial Services, May 29 Referred to House Committee on Agriculture, May 29
  2. Jul 17, 2025 · Engrossed in House H.Amdt. 48: Pursuant to the provisions of H. Res. 580, in lieu of the amendments in the nature of a substitute recommended by the Committees on Agriculture and Financial Services now printed in the bill, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 119-6, modified by the amendment printed in part B of House Report 119-199 is considered adopted. Official page › H.Res. 580: On Ordering the Previous Question — Passed, 211–210 · Roll Call 194 H.Res. 580: On Agreeing to the Resolution — Failed, 196–223 · Roll Call 195 H.Res. 580: On Motion to Reconsider — Passed, 215–211 · Roll Call 197 H.Res. 580: On Agreeing to the Resolution — Passed, 217–212 · Roll Call 198 On Passage — Passed, 294–134 · Roll Call 199
What changed in the text

… 3 unchanged passages …

(b) GAO Bank study Secrecy Act requirements . (1) In general Regulations . The Comptroller Secretary General of the Treasury, acting through the Director of the United Financial States Crimes Enforcement Network , and in consultation with Commodity Futures Trading Commission, shall issue requirements consistent with the Secretary requirements of futures commission merchants to apply the Treasury Bank Secrecy Act to digital commodity brokers , shall digital conduct commodity a dealers, study and digital commodity exchanges that are tailored to the size and complexity of such entities, including by requiring each such entity to — (A) assess establish the and risks maintain posed an by anti-money centralized laundering intermediaries and that countering are the primarily financing located of in terrorism foreign program, jurisdictions which that shall provide include— services (i) to an U.S. appropriate persons risk without assessment; regulatory (ii) requirements the that development are of substantially internal similar policies, to procedures, and controls; (iii) the requirements designation of the a Bank compliance Secrecy officer; Act (iv) an ongoing employee training program ; and ( B v ) provide an any independent regulatory audit or function legislative to recommendations test to such address program; these (B) risks retain under appropriate subparagraph records (A). of transactions; ( 2 C ) Report. monitor Not and later report than suspicious 1 activity, year which after may the include date use of enactment appropriate of distributed this ledger Act, analytics; the and Comptroller (D) General maintain shall an issue effective a customer report identification program to Congress identify containing and verify account holders and carry out appropriate customer due diligence. (2) Compliance with sanctions. A digital commodity broker, digital commodity dealer, or digital commodity exchange shall comply with all findings laws and determinations regulations made related in to carrying United out States sanctions administered by the study Office required of under Foreign paragraph Assets (1). Control.

What does "considered adopted" mean?

When a chamber approves a rule that says a change is "considered adopted", the change becomes part of the bill as soon as the rule passes, without a separate vote on the change itself.

(a) In general. Section 5312(c)(1)(A) of title 31, United States Code, is amended—

(1) by inserting digital commodity broker, digital commodity dealer, after futures commission merchant,; and

(2) by inserting before the period the following: and any digital commodity exchange registered, or required to register, under the Commodity Exchange Act which permits direct customer access.

(b) Bank Secrecy Act requirements

(1) Regulations. The Secretary of the Treasury, acting through the Director of the Financial Crimes Enforcement Network, and in consultation with Commodity Futures Trading Commission, shall issue requirements consistent with the requirements of futures commission merchants to apply the Bank Secrecy Act to digital commodity brokers, digital commodity dealers, and digital commodity exchanges that are tailored to the size and complexity of such entities, including by requiring each such entity to—

(A) establish and maintain an anti-money laundering and countering the financing of terrorism program, which shall include—

(i) an appropriate risk assessment;

(ii) the development of internal policies, procedures, and controls;

(iii) the designation of a compliance officer;

(iv) an ongoing employee training program; and

(v) an independent audit function to test such program;

(B) retain appropriate records of transactions;

(C) monitor and report suspicious activity, which may include use of appropriate distributed ledger analytics; and

(D) maintain an effective customer identification program to identify and verify account holders and carry out appropriate customer due diligence.

(2) Compliance with sanctions. A digital commodity broker, digital commodity dealer, or digital commodity exchange shall comply with all laws and regulations related to United States sanctions administered by the Office of Foreign Assets Control.

II Offers and Sales of Digital Commodities

III Registration for Intermediaries at the Securities and Exchange Commission

IV Registration for Digital Commodity Intermediaries at the Commodity Futures Trading Commission

V Innovation and Technology Improvements

VI Anti-CBDC Surveillance State Act

I Responsible securities innovation

II Protecting against illicit finance

III Responsible innovation in decentralized finance

IV Responsible banking innovation

V Responsible regulatory innovation

VI Protecting software developers and software innovation

VII Protecting customer property

VIII Customer protection

IX Other matters