
Seven Senate Democrats rejected the latest CLARITY Act draft, saying ethics and consumer protections fall short. Republicans counter the bill is the strongest federal crypto ethics framework ever proposed.
A bipartisan deal on crypto market structure stayed out of reach July 22 after seven Senate Democrats rejected the latest Digital Asset Market Clarity Act draft, saying it does not go far enough on ethics, consumer protection, and illicit finance rules.
Senators Catherine Cortez Masto (D-NV), Angela Alsobrooks (D-MD), Cory Booker (D-NJ), Ruben Gallego (D-AZ), John Hickenlooper (D-CO), Mark Warner (D-VA) and Raphael Warnock (D-GA) said the Republican-drafted text "falls short." Provisions covering ethics for elected officials, consumer protection, illicit finance, conflicts of interest and market integrity must be strengthened, they said. The group added they have been "working in good faith with our Republican colleagues for the past year and will continue doing so to get this over the finish line."
The objection came hours after Senator Cynthia Lummis (R-WY) and Senate Republicans released updated legislative text for the bill, which merges portions from the Senate Banking and Agriculture committees. The proposal would establish a federal regulatory framework for digital assets and clarify oversight between the Securities and Exchange Commission and the Commodity Futures Trading Commission. The Senate Banking Committee approved an earlier version in May by a bipartisan 15-9 vote.
The revised bill would prohibit the president, vice president, members of Congress, federal judges and other federal officials, along with their spouses, from issuing or sponsoring digital assets for compensation. Violators could be required to surrender profits and pay civil penalties. Digital asset intermediaries that knowingly list prohibited tokens could face fines of up to $250,000 per violation per day.
A CLARITY Act ethics summary released by the Senate Banking Subcommittee on Digital Assets defended the provision. "This bill applies one ethics standard to everyone, including the President of the United States, and backs it up with real enforcement, real penalties, and a Department of Justice mandate to act," the summary stated. Officials with pre-existing interests in previously issued digital assets would have to divest those holdings or place them in a qualified blind trust, and would have to disclose digital assets sold for compensation above $1,000.
White House crypto adviser Patrick Witt said Democratic criticism appears to center on two issues: the lack of enforcement by state attorneys general and the absence of penalties for President Donald Trump's previous crypto activity. Witt argued that allowing only federal enforcement is consistent with existing ethics laws. He also said imposing penalties for past conduct would conflict with Article I, Section 9 of the U.S. Constitution, which prohibits Congress from passing ex post facto laws that retroactively criminalize conduct that was legal when it occurred.
Negotiators are expected to continue discussions on ethics, consumer protection and illicit finance as they work toward a final version of the legislation.
Bitcoin struggled to hold $66,000 on Wednesday, trading near $66,200 after bouncing between a low of $65,536 and a peak of $66,845 on the session, according to CoinDesk data. The largest crypto by market cap has traded in a tight range this week as traders weigh the legislative uncertainty against broader risk appetite ahead of Fed rate decisions.
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