The Latest Draft of the CLARITY Act: Prohibiting Earnings Solely from Holding Stablecoins

Markets
Updated: 2026-03-24 09:42

The puzzle of a comprehensive regulatory framework for the US crypto industry is nearing completion. Following the passage of the GENIUS Act as the first federal law specifically targeting stablecoins, the highly anticipated Digital Asset Market Clarity Act (hereafter referred to as the CLARITY Act) is now undergoing its final legislative negotiations. In March 2026, a new draft provision regarding stablecoin yields surfaced, with its core focus—a ban on earning yield simply by holding stablecoins—quickly becoming the center of market attention. This provision is not just a technical adjustment; it reflects deep-seated conflicts of interest and regulatory compromise between traditional banking and crypto innovation. This article draws on the latest draft text and industry reactions to outline the sequence of events, dissect stakeholder perspectives, and forecast the potential impact of this provision on the future landscape of the stablecoin market.

Origins and Essence of the Yield Ban

On March 24, 2026, multiple media outlets reported that the revised version of the US Senate’s Digital Asset Market Clarity Act included a new provision on stablecoin yields, which was disclosed to crypto industry participants for the first time. Senators Angela Alsobrooks and Thom Tillis unveiled the provision the previous Friday. Its core stipulation: earning yield solely for holding stablecoins is prohibited, and any practice equating stablecoin programs with bank deposits is restricted.


CLARITY Act. Source: US Congress

This provision is viewed as a "compromise solution" resulting from lobbying battles between the crypto and banking sectors. The banking industry insists that stablecoin yields (such as interest or rewards) should not resemble interest-bearing bank deposits, fearing such products could trigger massive outflows from bank deposits and suppress lending. The compromise allows reward programs based on user "activity" (such as transactions or usage) but strictly bans passive yield based on "balance." Currently, the mechanism for defining "activity-based stablecoin rewards" remains unclear, and the ambiguity has sparked concerns about limitations on innovation.

From the GENIUS Act to the CLARITY Act: A Legislative Retrospective

To understand the controversy surrounding this draft, it’s essential to look back at the broader US crypto legislative process.

Timeline Key Event Core Significance
2025 GENIUS Act signed into law The first federal-level stablecoin regulatory framework in the US, clarifying rules for issuance and reserves. Regarded as the "first step" in crypto legislation.
2025 House passes similar version of the CLARITY Act The market structure bill made progress in the House, aiming to provide a comprehensive regulatory path for the entire digital asset market—not just stablecoins.
January 2026 Bill progress stalled Senate legislative process was blocked due to disagreements over stablecoin yield distribution, DeFi regulation, and conflicts of interest among officials.
March 2026 Banking and crypto sectors reach "principled agreement" Senators Tillis and Alsobrooks reached a principled agreement on stablecoin yields, clearing a major obstacle for the bill’s advancement.
March 24, 2026 Draft provisions disclosed to industry Crypto professionals reviewed the draft text in a closed-door meeting, confirming the new provision banning balance-based stablecoin yields.

This timeline clearly shows that the issue of stablecoin yields has consistently been one of the main "roadblocks" in advancing the CLARITY Act. Under pressure from banking lobbyists, lawmakers opted to "split" passive yields from active rewards, securing banking industry support for the overall framework.

Provision Analysis: The Line Between Passive Yield and Activity Rewards

The new provision centers on distinguishing two yield models:

Prohibited Model: Passive Yield Based on Balance

  • Definition: Yield earned solely by holding stablecoins, regardless of usage or transactions. This closely mirrors the interest model for traditional bank deposits.
  • Rationale (Banking Perspective): This model makes stablecoins direct competitors to bank demand deposits, potentially weakening banks’ ability to attract deposits and, in turn, affecting their lending capacity.

Permitted Model: Activity-Based Rewards

  • Definition: Rewards earned by performing specific actions—such as participating in transactions, using related applications, or completing certain tasks.
  • Rationale (Compromise Solution): This model is characterized as "usage rewards" rather than "holding interest," avoiding direct comparison with bank deposits. However, the draft does not specify which activities qualify, leaving significant room for interpretation.

This structural distinction essentially separates "capital returns" (yield generated by capital itself) from "labor returns" (incentives generated by usage behavior) in legal terms. For stablecoin issuers, this means a fundamental shift in product design—from "earn by holding" to "earn by using."

Power Struggle: Banking Sector, Crypto Industry, and Lawmakers

Stakeholders have responded to the draft provision with sharply defined positions.

Crypto Industry Perspective (Main Concerns)

The industry broadly views the provision as "too narrow and insufficiently clear." Participants worry that the vague definition of "activity-based rewards" will stifle innovation, putting many viable business models (such as protocols that fairly distribute reserve yields to all holders) at legal risk. They prefer a regulatory approach that clearly distinguishes "interest-bearing deposits" from "yield-sharing agreements," but the current compromise may suppress both.

Banking Sector Perspective (Core Demands)

The banking sector is the primary driver behind this provision. Their main rationale is to prevent "deposit flight." They argue that if stablecoins offer passive yields similar to deposits, it creates "regulatory arbitrage"—providing comparable financial services without being subject to deposit insurance, reserve requirements, or other traditional bank regulations, resulting in unfair competition for banks.

Lawmakers’ Perspective (Seeking Balance)

The senators leading the agreement emphasize that the provision aims to "protect innovation" while "preventing massive deposit outflows." This is classic political balancing. By banning passive yield, lawmakers address banking concerns; by preserving the possibility of activity rewards, they leave some room for crypto innovation. Whether this balance can be achieved in practice depends heavily on future regulatory details.

Interpreting the Certainty of the Draft

  • The draft provision does exist, and its text explicitly prohibits "earning yield solely for holding stablecoins." Banking lobbyists have indeed raised these concerns. Senators Tillis and Alsobrooks have publicly advanced this provision.
  • The banking sector’s fear of "massive deposit outflows" is logically grounded, but its scale and inevitability are debated. Patrick Witt, Executive Director of the White House Digital Asset Advisory Council, noted that such fears may be exaggerated, as legalizing yield-bearing stablecoins could actually attract more capital into the US banking system.
  • The definition of "activity-based rewards" remains unclear. Future roles played by the SEC, CFTC, and the courts in interpreting "activity" will introduce significant uncertainty.

Market Reshaping: Potential Changes in the Stablecoin Ecosystem

If the provision is ultimately enacted, it will have structural effects on stablecoins and the broader crypto industry.

Shift in Stablecoin Product Design Paradigm

Stablecoin issuers will be forced to rethink their value proposition. The once-popular "earn by holding" model (such as distributing Treasury yield to holders) will face legal barriers. The industry will shift toward "earn by using," encouraging users to participate in on-chain activity, payments, lending, and other behaviors through incentive mechanisms.

Divergence Between Centralized and Decentralized Stablecoins

Driven by banking lobby pressure, the provision primarily targets stablecoins issued by centralized entities. How decentralized stablecoins (such as algorithmic stablecoins created via overcollateralization) will be regulated remains unclear. This could prompt capital and development resources to migrate toward the less-defined decentralized sector.

Potential Reshaping of Market Structure

Large, compliant stablecoin issuers (like Circle and Paxos) have the capacity to quickly adapt their product structures to the new rules. Smaller projects or those relying on "holding yield" as their core selling point may face user attrition or even existential threats, further consolidating the market position of leading stablecoins.

Impact on Exchanges

For trading platforms, the effects will be twofold: first, platforms offering stablecoin yield products (such as fixed-income products) will need to reassess their compliance; second, users’ asset allocation may shift, with motivations for holding stablecoins moving from passive yield to seeking more diverse active investment opportunities, potentially driving increased trading activity.

Three Paths Forward: The Bill’s Trajectory and Industry Response

The ultimate direction of the CLARITY Act and the implementation of its provisions could play out in several scenarios:

Scenario 1: Bill Passes Smoothly, Provisions Strictly Enforced

In this scenario, the stablecoin market will rapidly iterate its products. Issuers will focus on developing reward mechanisms based on transaction volume, on-chain interactions, and similar metrics. The banking system gains a "buffer," easing short-term deposit outflow pressures. However, in the long run, crypto users may shift assets to offshore markets with looser regulation or to DeFi protocols offering similar "passive yield," resulting in some liquidity moving "off the books."

Scenario 2: Bill Passes, but Provision Interpretation Is Exploited

If the final bill defines "activity-based rewards" broadly, the industry may use technical design to repackage "passive yield" as "activity rewards." For example, "holding" itself could be defined as a "low-energy activity maintaining network security." This would spark a new round of regulatory and compliance battles, possibly leading to lawsuits or supplemental guidance from regulators.

Scenario 3: Bill Stalls, DeFi Regulation Becomes the New Focus

Controversy over stablecoin yield provisions may be just the tip of the iceberg. Democratic lawmakers insist on adding clauses banning government officials from profiting from the crypto industry (targeting President Trump), as well as disputes over DeFi regulatory frameworks, which could further stall the bill. If the legislation remains in limbo, the market will continue to operate under regulatory uncertainty, inhibiting large-scale institutional capital inflows.

Conclusion

The latest draft of the CLARITY Act’s stablecoin yield provision encapsulates a fierce struggle between the crypto industry and the traditional financial system on US soil. It exposes the core regulatory dilemma: how to encourage innovation while preserving the stability and fairness of the existing financial system. Although the current "compromise solution" sets stricter boundaries for the crypto sector, it also signals lawmakers’ commitment to ending years of regulatory ambiguity.

For market participants, this is both a challenge and a clear signal: the future stablecoin ecosystem must shift its value creation logic from "passive holding" to "active participation." As the legislative process advances and further debates unfold around DeFi and conflicts of interest among officials, the contours of US crypto regulation are becoming increasingly clear. Until the rules are firmly established, the industry must closely monitor the evolution of these provisions and be ready to build more resilient, regulation-ready business models under the new framework.

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