The Digital Asset Market Clarity Act of 2025 establishes a comprehensive regulatory framework for digital assets, primarily distinguishing between digital commodities and securities. It grants the Commodity Futures Trading Commission (CFTC) exclusive jurisdiction over the spot market for digital commodities, while the Securities and Exchange Commission (SEC) retains authority over digital assets that are offered as investment contracts. The bill defines key terms such as "digital commodity," "blockchain system," and "mature blockchain system," with criteria for a system to be considered mature and thus less subject to securities regulation. For digital commodity issuers, the bill outlines disclosure requirements for primary transactions, particularly for systems aiming to achieve "mature" status, and sets rules for secondary market sales by affiliated persons. It mandates expedited registration processes for digital commodity exchanges, brokers, and dealers with the CFTC, requiring them to adhere to core principles like customer asset protection, market monitoring, and robust financial resources. These intermediaries must also comply with Bank Secrecy Act requirements, including anti-money laundering and countering the financing of terrorism programs. The legislation clarifies that certain decentralized finance (DeFi) activities and non-controlling blockchain development are generally not subject to SEC or CFTC regulation. It also addresses the treatment of custody activities by banking institutions, specifying that digital assets held in custody should not be treated as liabilities or require capital reserves unless for operational risks. Furthermore, the bill allows SEC-registered entities to also register with the CFTC for digital commodity activities, aiming to reduce duplicative regulations for dual-registered firms. A significant component of the bill is the "Anti-CBDC Surveillance State Act," which explicitly prohibits Federal Reserve banks from offering financial products or services directly to individuals or maintaining individual accounts. Crucially, it bans the Federal Reserve from issuing a central bank digital currency (CBDC), either directly or indirectly, and from using any such digital asset for monetary policy purposes. This prohibition includes any digital asset substantially similar to a CBDC, with an exception for open, permissionless, and private dollar-denominated currencies that preserve privacy. Finally, the bill mandates numerous studies by the SEC, CFTC, Treasury, and GAO on various aspects of digital assets, including decentralized finance, non-fungible tokens, financial literacy, market infrastructure, illicit use, and foreign adversary participation. These studies aim to inform future policy and ensure a deeper understanding of the evolving digital asset ecosystem. The overall goal is to foster innovation while establishing clear regulatory boundaries and strong consumer and investor protections.
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Timeline
Introduced in House
Referred to the Committee on Financial Services, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Ordered to be Reported (Amended) by the Yeas and Nays: 47 - 6.
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: 32 - 19.
Placed on the Union Calendar, Calendar No. 134.
Reported (Amended) by the Committee on Financial Services. H. Rept. 119-168, Part II.
Reported (Amended) by the Committee on Agriculture. H. Rept. 119-168, Part I.
Rules Committee Resolution H. Res. 580 Reported to House. Rule provides for consideration of H.R. 4016, H.R. 3633, H.R. 1919 and S. 1582. The resolution provides for consideration of H.R. 4016 and H.R. 3633 under a structured rule, and H.R. 1919 and S. 1582 under a closed rule, with one hour of general debate on each bill. The resolution provides for a motion to recommit on H.R. 4016, H.R. 3633, and H.R. 1919, and a motion to commit on S. 1582.
Considered under the provisions of rule H. Res. 580. (consideration: CR H3373)
Considered under the provisions of rule H. Res. 580.
Considered under the provisions of rule H. Res. 580. (consideration: CR H3373-3405: 4)
Rule provides for consideration of H.R. 4016, H.R. 3633, H.R. 1919 and S. 1582. The resolution provides for consideration of H.R. 4016 and H.R. 3633 under a structured rule, and H.R. 1919 and S. 1582 under a closed rule, with one hour of general debate on each bill. The resolution provides for a motion to recommit on H.R. 4016, H.R. 3633, and H.R. 1919, and a motion to commit on S. 1582.
DEBATE - The House proceeded with one hour of debate on H.R. 3633.
The previous question was ordered pursuant to the rule.
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 3633, the Chair put the question on passage of the bill and by voice vote, announced that the ayes had prevailed. Ms. Craig demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Considered as unfinished business. (consideration: CR H3449)
Considered as unfinished business.
Considered as unfinished business. (consideration: CR H3449: 1)
On passage Passed by the Yeas and Nays: 294 - 134 (Roll no. 199). (text of amendment in the nature of a substitute: CR H3373-3397)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Introduced in House
Referred to the Committee on Financial Services, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Ordered to be Reported (Amended) by the Yeas and Nays: 47 - 6.
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: 32 - 19.
Placed on the Union Calendar, Calendar No. 134.
Reported (Amended) by the Committee on Financial Services. H. Rept. 119-168, Part II.
Reported (Amended) by the Committee on Agriculture. H. Rept. 119-168, Part I.
Rules Committee Resolution H. Res. 580 Reported to House. Rule provides for consideration of H.R. 4016, H.R. 3633, H.R. 1919 and S. 1582. The resolution provides for consideration of H.R. 4016 and H.R. 3633 under a structured rule, and H.R. 1919 and S. 1582 under a closed rule, with one hour of general debate on each bill. The resolution provides for a motion to recommit on H.R. 4016, H.R. 3633, and H.R. 1919, and a motion to commit on S. 1582.
Considered under the provisions of rule H. Res. 580. (consideration: CR H3373)
Considered under the provisions of rule H. Res. 580.
Considered under the provisions of rule H. Res. 580. (consideration: CR H3373-3405: 4)
Rule provides for consideration of H.R. 4016, H.R. 3633, H.R. 1919 and S. 1582. The resolution provides for consideration of H.R. 4016 and H.R. 3633 under a structured rule, and H.R. 1919 and S. 1582 under a closed rule, with one hour of general debate on each bill. The resolution provides for a motion to recommit on H.R. 4016, H.R. 3633, and H.R. 1919, and a motion to commit on S. 1582.
DEBATE - The House proceeded with one hour of debate on H.R. 3633.
The previous question was ordered pursuant to the rule.
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 3633, the Chair put the question on passage of the bill and by voice vote, announced that the ayes had prevailed. Ms. Craig demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Considered as unfinished business. (consideration: CR H3449)
Considered as unfinished business.
Considered as unfinished business. (consideration: CR H3449: 1)
On passage Passed by the Yeas and Nays: 294 - 134 (Roll no. 199). (text of amendment in the nature of a substitute: CR H3373-3397)
Advanced technology and technological innovationsBank accounts, deposits, capitalBanking and financial institutions regulationBusiness recordsComputers and information technologyCurrencyDigital mediaFinancial services and investmentsFraud offenses and financial crimesLicensing and registrationsSecurities
Digital Asset Market Clarity Act of 2025
USA119th CongressHR-3633| House
| Updated: 9/18/2025
The Digital Asset Market Clarity Act of 2025 establishes a comprehensive regulatory framework for digital assets, primarily distinguishing between digital commodities and securities. It grants the Commodity Futures Trading Commission (CFTC) exclusive jurisdiction over the spot market for digital commodities, while the Securities and Exchange Commission (SEC) retains authority over digital assets that are offered as investment contracts. The bill defines key terms such as "digital commodity," "blockchain system," and "mature blockchain system," with criteria for a system to be considered mature and thus less subject to securities regulation. For digital commodity issuers, the bill outlines disclosure requirements for primary transactions, particularly for systems aiming to achieve "mature" status, and sets rules for secondary market sales by affiliated persons. It mandates expedited registration processes for digital commodity exchanges, brokers, and dealers with the CFTC, requiring them to adhere to core principles like customer asset protection, market monitoring, and robust financial resources. These intermediaries must also comply with Bank Secrecy Act requirements, including anti-money laundering and countering the financing of terrorism programs. The legislation clarifies that certain decentralized finance (DeFi) activities and non-controlling blockchain development are generally not subject to SEC or CFTC regulation. It also addresses the treatment of custody activities by banking institutions, specifying that digital assets held in custody should not be treated as liabilities or require capital reserves unless for operational risks. Furthermore, the bill allows SEC-registered entities to also register with the CFTC for digital commodity activities, aiming to reduce duplicative regulations for dual-registered firms. A significant component of the bill is the "Anti-CBDC Surveillance State Act," which explicitly prohibits Federal Reserve banks from offering financial products or services directly to individuals or maintaining individual accounts. Crucially, it bans the Federal Reserve from issuing a central bank digital currency (CBDC), either directly or indirectly, and from using any such digital asset for monetary policy purposes. This prohibition includes any digital asset substantially similar to a CBDC, with an exception for open, permissionless, and private dollar-denominated currencies that preserve privacy. Finally, the bill mandates numerous studies by the SEC, CFTC, Treasury, and GAO on various aspects of digital assets, including decentralized finance, non-fungible tokens, financial literacy, market infrastructure, illicit use, and foreign adversary participation. These studies aim to inform future policy and ensure a deeper understanding of the evolving digital asset ecosystem. The overall goal is to foster innovation while establishing clear regulatory boundaries and strong consumer and investor protections.
Get AI-generated questions to help you understand this bill better
Timeline
Introduced in House
Referred to the Committee on Financial Services, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Ordered to be Reported (Amended) by the Yeas and Nays: 47 - 6.
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: 32 - 19.
Placed on the Union Calendar, Calendar No. 134.
Reported (Amended) by the Committee on Financial Services. H. Rept. 119-168, Part II.
Reported (Amended) by the Committee on Agriculture. H. Rept. 119-168, Part I.
Rules Committee Resolution H. Res. 580 Reported to House. Rule provides for consideration of H.R. 4016, H.R. 3633, H.R. 1919 and S. 1582. The resolution provides for consideration of H.R. 4016 and H.R. 3633 under a structured rule, and H.R. 1919 and S. 1582 under a closed rule, with one hour of general debate on each bill. The resolution provides for a motion to recommit on H.R. 4016, H.R. 3633, and H.R. 1919, and a motion to commit on S. 1582.
Considered under the provisions of rule H. Res. 580. (consideration: CR H3373)
Considered under the provisions of rule H. Res. 580.
Considered under the provisions of rule H. Res. 580. (consideration: CR H3373-3405: 4)
Rule provides for consideration of H.R. 4016, H.R. 3633, H.R. 1919 and S. 1582. The resolution provides for consideration of H.R. 4016 and H.R. 3633 under a structured rule, and H.R. 1919 and S. 1582 under a closed rule, with one hour of general debate on each bill. The resolution provides for a motion to recommit on H.R. 4016, H.R. 3633, and H.R. 1919, and a motion to commit on S. 1582.
DEBATE - The House proceeded with one hour of debate on H.R. 3633.
The previous question was ordered pursuant to the rule.
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 3633, the Chair put the question on passage of the bill and by voice vote, announced that the ayes had prevailed. Ms. Craig demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Considered as unfinished business. (consideration: CR H3449)
Considered as unfinished business.
Considered as unfinished business. (consideration: CR H3449: 1)
On passage Passed by the Yeas and Nays: 294 - 134 (Roll no. 199). (text of amendment in the nature of a substitute: CR H3373-3397)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Introduced in House
Referred to the Committee on Financial Services, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Ordered to be Reported (Amended) by the Yeas and Nays: 47 - 6.
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: 32 - 19.
Placed on the Union Calendar, Calendar No. 134.
Reported (Amended) by the Committee on Financial Services. H. Rept. 119-168, Part II.
Reported (Amended) by the Committee on Agriculture. H. Rept. 119-168, Part I.
Rules Committee Resolution H. Res. 580 Reported to House. Rule provides for consideration of H.R. 4016, H.R. 3633, H.R. 1919 and S. 1582. The resolution provides for consideration of H.R. 4016 and H.R. 3633 under a structured rule, and H.R. 1919 and S. 1582 under a closed rule, with one hour of general debate on each bill. The resolution provides for a motion to recommit on H.R. 4016, H.R. 3633, and H.R. 1919, and a motion to commit on S. 1582.
Considered under the provisions of rule H. Res. 580. (consideration: CR H3373)
Considered under the provisions of rule H. Res. 580.
Considered under the provisions of rule H. Res. 580. (consideration: CR H3373-3405: 4)
Rule provides for consideration of H.R. 4016, H.R. 3633, H.R. 1919 and S. 1582. The resolution provides for consideration of H.R. 4016 and H.R. 3633 under a structured rule, and H.R. 1919 and S. 1582 under a closed rule, with one hour of general debate on each bill. The resolution provides for a motion to recommit on H.R. 4016, H.R. 3633, and H.R. 1919, and a motion to commit on S. 1582.
DEBATE - The House proceeded with one hour of debate on H.R. 3633.
The previous question was ordered pursuant to the rule.
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 3633, the Chair put the question on passage of the bill and by voice vote, announced that the ayes had prevailed. Ms. Craig demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Considered as unfinished business. (consideration: CR H3449)
Considered as unfinished business.
Considered as unfinished business. (consideration: CR H3449: 1)
On passage Passed by the Yeas and Nays: 294 - 134 (Roll no. 199). (text of amendment in the nature of a substitute: CR H3373-3397)
Advanced technology and technological innovationsBank accounts, deposits, capitalBanking and financial institutions regulationBusiness recordsComputers and information technologyCurrencyDigital mediaFinancial services and investmentsFraud offenses and financial crimesLicensing and registrationsSecurities