The CLARITY Act’s Section 401 could grant traditional banks direct authority to custody, lend against, and run infrastructure for Bitcoin. The bill passed the House 294-134 in July 2025 and has been before the Senate since, but has not cleared the floor or been signed into law. It would permit financial institutions to custody digital assets, lend against them as collateral, operate nodes, and provide brokerage services without seeking additional regulatory approvals. Implementation remains a major bottleneck: the CFTC would need to build digital-commodity regulatory infrastructure largely from scratch, and the GENIUS Act already missed its entire one-year rulemaking deadline across six federal agencies.
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