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Clarity Act survives Senate vote setback, but passage window is extremely short

  • Clarity Act failed a Senate procedural vote but remains under consideration.
  • The passage window before the current Congress’s year-end recess is extremely short.
  • JPMorgan analysts expect attention to shift toward SEC and CFTC rulemaking.

The Clarity Act is not considered completely dead after failing a procedural vote in the Senate, but JPMorgan analysts say the opportunity for passage before the current Congress adjourns for its year-end recess is extremely limited. They expect attention to move toward rulemaking by the SEC (U.S. securities regulator) and CFTC (U.S. derivatives regulator), while cautioning that agency rules generally have less durability than legislation enacted by Congress.

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