US Lawmakers Push Forward CLARITY Act to Define Crypto Rules for SEC and CFTC

Today, the House Committees of Financial Services and Agriculture passed the bipartisan CLARITY Act (H.R. 3633), setting it for a full floor vote next. The financial committee advanced the measure with a 32-19 vote, agriculture committee passed it with a 47-6 vote.  

Key highlights of the CLARITY Act

• It aims to resolve the longstanding jurisdiction conflict among the crypto regulatory agencies of the US by redefining the responsibilities of the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC).

• It establishes that certain crypto assets will be regulated as commodities under the CFTC, while others will remain securities and operate under the SEC.

• The CLARITY Act also offers limited liability protection for blockchain developers, excluding them from money transmitter regulations.

• It also established the disclosure, fund segregation, and conflict of interest rules to protect the investors from crypto fraud.

• Maintaining Decentralized Finance (DeFi), the act establishes consumer safeguards for non-custodial wallet providers and peer-to-peer crypto transactions.

Despite broad support CLARITY ACT faces criticism

Representative Maxine Waters voiced concerns while warning that certain provisions in the bill can lead to a conflict of interest. Her comment indicated the ties between political leaders and the crypto industry. 

Brad Sherman stated that the bill could lead to industry bailouts and regulatory arbitrage. Former CFTC Chairman Timothy Massad called the CLARITY Act ‘complex’ while stating that the bill has expanded confusion rather than resolving the issues of crypto regulatory ambiguity. 

CFTC will lead crypto regulations

• After becoming the primary crypto regulator, CFTC will oversee digital commodities, covering most cryptocurrencies and tokens traded on cash markets, including DeFi activities.

• It will mandate the activities of exchanges, brokers, and spot markets for non-security digital assets like Binance and Ethereum.

• It will also mandate stablecoin trade and custody on a commodity exchange, while the SEC’s role is limited to enforcing anti-fraud rules in stablecoin.

What’s next? Debate and vote on the CLARITY Act

After seeking approval from both committees, the CLARITY Act will proceed to the full House for votes and arguments. And if it is ultimately enacted, then it will become the first comprehensive law in the US for a crypto and digital assets regulatory framework. While the US Senate remains uncertain, the upper chamber works on enhancing digital asset law.

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