The key point of the revision is that it bundles ethics, anti-money laundering and developer protections into one bill along with market structure regulation. [Photo: Shutterstock]

U.S. Senate Republicans released a revised, consolidated version of the CLARITY bill governing digital asset market structure, as the cryptocurrency industry urged a Senate floor vote before the summer recess. Democrats are strongly pushing back on ethics provisions and Justice Department authority, emerging as the biggest variable for whether the bill passes.

On July 22 local time, blockchain outlet The Defiant reported that Senator Cynthia Lummis, chair of the Senate Banking Committee's digital assets subcommittee, released a 616-page revision that combines two bills that passed the Senate Banking Committee and the Agriculture Committee.

The CLARITY bill is centered on creating a federal regulatory framework for the digital asset market. It separates oversight authority between the Securities and Exchange Commission and the Commodity Futures Trading Commission and sets out clear standards for cryptocurrency market structure. The bill passed the Senate Banking Committee in May by a 15-9 vote, and Senate Republican leader John Thune has said he plans to push for a floor vote before the summer recess.

To pass the full Senate, 60 votes are needed, meaning Republicans must secure at least seven Democratic votes. With the Senate set to enter its summer recess in about two weeks, early August is being cited as effectively the last chance to act on the bill.

The cryptocurrency industry is actively urging passage. Coinbase CEO Brian Armstrong said the bill is ready for a floor vote and called it a true compromise negotiated by both parties over thousands of hours. He argued that in the absence of clear federal rules, operators such as FTX harmed U.S. consumers and many digital asset firms moved outside the United States.

Coinbase Chief Policy Officer Faryar Shirzad also said it did not include everything the industry wanted but is an important bill that strikes an appropriate balance. He said the revision newly reflects a requirement to segregate customer assets one-to-one, federal anti-money laundering standards and conflict-of-interest provisions that include the president and vice president. Blockchain Association CEO Summer Mersinger also called it an advanced bill that includes clear rules, consumer protection and strong ethical standards.

The DeFi Education Fund said that provisions protecting non-custodial developers that it had sought during negotiations were maintained. The revision also includes language that does not treat developers as money transmitters and a so-called Keep Your Coins provision that guarantees self-custody rights.

The revision also includes 25 provisions related to sanctions and anti-money laundering. In particular, a newly added Title IX includes measures that reflect requests from investigative agencies and strengthen law enforcement authority.

The biggest sticking point is the ethics provision. It would bar the president and vice president, members of Congress, federal judges and their spouses from issuing or promoting digital assets for compensation while in office. Covered officials would have to sell cryptocurrency holdings or place them in a blind trust, and the Justice Department would be given authority to enforce the rules.

The Justice Department would also be allowed to bring civil lawsuits against exchanges that list prohibited tokens despite knowing they are banned. The provision would apply temporarily until Jan. 20, 2029.

Democrats have strongly criticised, in particular, the concentration of enforcement power in the Justice Department. Democratic Senator Angela Alsobrooks of Maryland called it "absurd, unserious and completely insane" and argued it would be more appropriate to give authority to state attorneys general rather than the Justice Department.

Caution was also raised within the Republican Party. Republican Senator John Cornyn of Texas said he sympathises with some concerns raised by investigative agencies and the financial sector and that he is reviewing the issues further. Asked about the possibility of voting against the bill, he said it is too early to decide.

By contrast, Senator Bernie Moreno called it "the strongest ethics rules in U.S. history" and urged a swift floor vote.

Markets view negotiations as becoming more complicated as the CLARITY bill sets rules not only for digital asset market structure but also for conflicts of interest in politics and law enforcement authority. The main questions going forward are whether Republicans can secure at least seven Democratic votes and whether differences over the ethics provision and Justice Department authority can be bridged before the August summer recess.

Keyword

#CLARITY #SEC #CFTC #Coinbase #Justice Department
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