U.S. Agencies Take Separate Crypto Steps After CLARITY Act Vote Fails

Following the U.S. Senate's rejection of the CLARITY Act (H.R. 3633) on September 15, federal regulators have independently issued targeted guidance to address gaps in crypto market structure. The SEC introduced an Innovation Exemption on September 17, providing temporary relief for venues facilitating permissioned trading of tokenized NMS stocks. This exemption allows liquidity providers to operate without traditional exchange registration, provided they maintain shareholder rights and adhere to strict transparency requirements regarding transaction data. Simultaneously, the CFTC issued a no-action position for passive software providers offering access to regulated derivatives markets. The Federal Reserve followed on September 24 with proposals for payment stablecoin issuers, mandating one-to-one reserves in high-quality liquid assets like short-term Treasuries. These actions represent a shift toward regulatory pragmatism, allowing specific onchain activities to proceed under existing authorities while comprehensive legislative reform remains stalled. This fragmented approach provides immediate clarity for tokenized securities and stablecoin issuers, signaling a pathway for institutional participation in RWA markets despite the lack of a unified federal statute.