JPMorgan Chase & CoJPMorgan analysts assess the Clarity Act's uncertain Senate path and note SEC/CFTC rulemaking as a fallback, a regulatory-development story for the bank's crypto coverage.

JPMorgan analysts said the U.S. crypto market structure bill, the Digital Asset Market Clarity Act, is "not completely dead" even though it failed to advance in a Senate procedural vote, The Block reported on September 16. The Senate vote on the 15th came in at 49 in favor and 50 against, falling short of the 60 votes needed to move forward with debate. However, Senator Thom Tillis switched his vote to no on procedural grounds and then filed a motion to reconsider, and JPMorgan noted that this procedure leaves room to bring the bill back to the floor for another vote. The analysts, led by Kenneth Worthington, pointed out that the GENIUS Act, the stablecoin regulation law enacted in 2025, also failed its first cloture vote, showing there is precedent for crypto-related bills being voted on again, and said the Clarity Act remains on the Senate calendar and could be re-voted before the current Congress adjourns at the end of the year. On the other hand, they analyzed that the time available to pass it this year is "extremely narrow and narrowing further," with only about two and a half weeks of Senate floor time left before the November midterm elections, and they see limited momentum for additional negotiations during the post-election lame-duck session. With the bill's prospects uncertain, investor attention may shift to rulemaking by the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission, and JPMorgan noted that while rules from regulators can also provide a degree of clarity, they are subject to change by future administrations and to court rulings, and are not as durable as legislation passed by Congress. SEC Chairman Paul Atkins and CFTC Chairman Michael Selig also said on the 16th that they each plan to advance crypto rulemaking under existing legal authority.
JPMorgan Chase & CoJPMorgan analysts assess the Clarity Act's uncertain Senate path and note SEC/CFTC rulemaking as a fallback, a regulatory-development story for the bank's crypto coverage.