Clarity Bill Rushes to Congress: After Yield Compromise, Ethics and Banking Resistance Become the Focus Again.
Written by: Forbes
Translated by: AididiaoJP, Foresight News
U.S. congressional bipartisan members are preparing to advance legislation on cryptocurrency market structure, namely the highly anticipated Clarity Bill. As with all previous landmark bills, the ability to reach a compromise on contentious issues will determine the fate of this legislation.
The path for the Clarity Bill has been quite rocky.
In January, Coinbase CEO Brian Armstrong suddenly intervened, overturning the bipartisan agreement and vote that had been reached by the Senate Banking Committee. Since then, the bill has failed to be effectively revived.
Racing Against the Congressional Clock
Four months later, the committee finally scheduled the bill for consideration in Congress. This green light was made possible by the bipartisan compromise reached by Maryland Democratic Senator Angela Alsobrooks and North Carolina Republican Senator Thom Tillis on the issue of "yield".
This was a positive development, but at this time, the ethics provisions had become a significant non-negotiable condition for the Democrats. Ultimately, when the committee advanced the bill in May, it gained support from only two Democratic senators—Alsobrooks and Arizona Senator Ruben Gallego. Both clearly stated that the next vote would depend on how the ethical issues were addressed.
Senator Alsobrooks made her position clear in a statement: "I have been working hard to improve the bill. Allow me to make this very clear: my vote today is to continue to move forward in good faith. This does not mean I will support the passage of the Clarity Bill in the full Senate. We still have work to do."
Senator Gallego expressed a similar view: "My vote today is to allow us to continue these efforts. But I want to make one thing clear: this vote does not guarantee my support in the full chamber. We still have many unresolved issues. The hardest and most critical is reaching an agreement on ethical safeguards for elected officials."
Due to the failure to reach an agreement on ethical issues, the Clarity Bill was ultimately passed by partisan vote in the Senate Agriculture Committee, without support from any Democrats.
Is a Compromise on Crypto Policy Possible?
As July's heat sets in, Senate Republicans are hurriedly arranging a vote in the full chamber. At this point, the call for ethical provisions is no longer limited to Democrats. The controversy over yield has also brought more Republicans over to the side of big banks, while law enforcement agencies have expressed strong opposition to developer protection provisions.
Illegal finance and consumer risk remain core concerns, and the statements from two senior senators last week drew attention.
Wyoming Republican Senator Cynthia Lummis posted on the platform X, emphasizing consumer protection provisions: "We drafted the Clarity Bill to provide law enforcement with more tools, not less. This bill writes into law real-time interceptions between exchanges and investigators, allowing the freezing of illegal funds within hours instead of waiting years, and retains all money laundering accusations that investigators have relied upon."
Virginia Democratic Senator Mark Warner expressed optimism and concern during a recent Senate Banking Committee nomination hearing when discussing bad actors: "I want to get this done. I'm tired of being in 'crypto hell.' But we must do it in a way that doesn't make things worse. I want the U.S. to lead in the digital asset space. If we mess this up, the consequences will be huge."
What is the Path Forward for Congress?
Indeed, there is bipartisan consensus on the need for market structure legislation, but the compromise that is a hallmark of Washington's legislative system is facing significant resistance.
Nevertheless, momentum is building. On July 17, the U.S. House Financial Services Committee held an off-site hearing in New York City. Senator Lummis and Ohio Senator Bernie Moreno met with White House officials to discuss the bill and explore possible ethical language.
There are high expectations for the reconciliation text between the Senate Banking Committee and the Agriculture Committee, which is expected to be released later this week. However, some members are questioning whether it can garner sufficient bipartisan support. Senator Gallego stated in a media interview last week: "They're bringing their version of the ethical provisions to the president, rather than what we Democrats agreed on... Ultimately, we don't have strong ethical provisions. I don't care what the president says. There's no Democrat vote."
Congress Holds Legislative Authority
What can push legislation forward is Congress as a legislative body. Can House Republicans secure a strong ethical agreement that Democrats are willing to co-sign from the executive branch? The answer seems debatable. Enthusiasm is high at the grassroots level of the industry, with news reports full of speculation, and C-level executives generally optimistic.
But amidst all this noise, does the crypto community have any short-term collective goals in the congressional process?
- A symbolic Senate full chamber action before the August recess, even if the vote count is insufficient?
- Passage in both chambers, ultimately signed into law in 2026?
- Through rigorous debate, reach a framework that includes ethical compromises and BRCA (bank-related provisions?) to supplement the previously reached yield agreement?
The most likely scenario is that all of the above could happen. Substantive work to push Clarity forward has never stopped since the bipartisan passage of the "21st Century Financial Innovation and Technology Act" (FIT21).
At this stage, setting clear goals can help clarify timelines and provide guidance for bipartisan strategies on Capitol Hill when the July sprint encounters obstacles.
Despite the rocky path of the Clarity Bill, the long and frustrating tradition of counting votes and securing bipartisan support from individual members is a strategy the crypto industry has time to employ and refine.
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