Tag: Senate procedural vote

  • Clarity Act Stalled; CFTC Submits Cryptocurrency Draft to White House

    Clarity Act Stalled; CFTC Submits Cryptocurrency Draft to White House

    Key Highlights

    • The Clarity Act, a leading legislative effort to establish a comprehensive U.S. cryptocurrency market framework, failed a procedural Senate vote this week.
    • The CFTC submitted a new regulatory proposal to the White House Office of Management and Budget on September 17, now under interagency review by OIRA.
    • CFTC Chair Michael Selig directed staff to “develop ways to formalize the digital asset market structure using the agency’s existing legal authority, independently of congressional legislation,” signaling a potential administrative path forward.

    Senate Setback for Clarity Act Prompts CFTC Administrative Action

    The legislative path toward a unified federal framework for digital assets encountered a significant obstacle this week when the Clarity Act failed to secure the necessary votes to advance in the U.S. Senate. The bill, widely regarded as one of the most consequential attempts to codify comprehensive rules for cryptocurrency markets, stalled on a procedural vote, leaving a regulatory vacuum that the Commodity Futures Trading Commission (CFTC) appears prepared to address through administrative rulemaking.

    CFTC Proposal Enters White House Interagency Review

    According to the Office of Information and Regulatory Affairs (OIRA) within the White House Office of Management and Budget, the CFTC formally submitted a new proposal on September 17. The submission is currently undergoing interagency review, a standard step before a proposed rule can be published for public comment in the Federal Register. While the full scope and specific provisions of the regulation have not been disclosed, a Bloomberg report analyzing the draft title indicates the commission intends to establish a comprehensive regulatory framework governing cryptocurrency transactions and the operational structure of digital asset markets.

    Chair Selig Signals Intent to Leverage Existing Authority

    The agency’s move aligns with recent public statements from CFTC Chairman Michael Selig, who said he had instructed staff to “develop ways to formalize the digital asset market structure using the agency’s existing legal authority, independently of congressional legislation.” This approach suggests the commission is prepared to assert jurisdiction over digital asset markets—particularly those involving commodities and derivatives—without waiting for new statutory mandates from Congress.

    Industry Observers Note Accelerated Timeline

    The speed of the CFTC’s submission drew immediate attention from policy analysts. Hyperliquid Policy Center CEO Jake Chervinsky posted on X, “The CFTC is moving fast. It appears to have sent a proposed rule for interagency review.” His observation underscores a growing perception that federal regulators may pursue parallel administrative tracks to address digital asset oversight while legislative efforts remain gridlocked.

    Why This Matters

    The dual developments—legislative stall and regulatory acceleration—highlight a pivotal moment for U.S. crypto policy. With the Clarity Act’s future uncertain, the CFTC’s proposal represents the most concrete federal initiative to date to define market structure rules for digital assets under existing commodities law. If finalized, the rule could establish registration, reporting, and operational standards for trading platforms, custodians, and market participants, shaping compliance obligations across the industry. However, the scope of the CFTC’s authority over spot digital asset markets remains legally contested, and any rulemaking will likely face scrutiny from both industry stakeholders and congressional committees. The OIRA review period typically spans 90 days but can be extended, meaning the earliest public glimpse of the proposed text may arrive in late 2024 or early 2025.

    Frequently Asked Questions

    What is the Clarity Act and why did it fail?
    The Clarity Act is a Senate bill designed to create a comprehensive legal framework for cryptocurrency markets in the United States. It failed a procedural vote this week, meaning it did not receive the necessary support to advance to debate or a final vote on the Senate floor.
    What does the CFTC’s new proposal aim to do?
    Based on the draft title reviewed by Bloomberg, the CFTC’s proposal seeks to create a comprehensive regulatory framework for cryptocurrency transactions and the functioning of digital asset markets, using the agency’s existing authority under the Commodity Exchange Act.
    When will the public see the details of the CFTC proposal?
    The proposal is currently under review by the Office of Information and Regulatory Affairs (OIRA). Interagency review typically takes up to 90 days, after which the CFTC would publish a Notice of Proposed Rulemaking in the Federal Register for public comment.
  • Crypto Longs Worth $570 Million Wiped Out as Clarity Act Fails

    Crypto Longs Worth $570 Million Wiped Out as Clarity Act Fails

    Crypto traders holding long, or bullish, futures positions suffered significant losses over the past 24 hours following the failure of the Clarity Act in a Senate procedural vote.

    Liquidation Data Reveals Heavy Long-Side Damage

    Exchanges liquidated approximately $571 million in long positions during this period, marking the highest total since August 22, according to data from CoinGlass. In contrast, short, or bearish, positions accounted for only about $100 million of the total wipeout.

    Bitcoin and Ether Lead Liquidation Tally

    Bitcoin and ether longs absorbed the heaviest damage, with roughly $190 million liquidated in each asset. XRP longs lost about $30 million, while Solana longs saw approximately $22 million in liquidations.

    Market Positioning Reflected Legislative Optimism

    The liquidation data indicates markets were positioned for continued upside, largely driven by hopes that the Clarity Act would advance. Analysts had previously flagged ether and DeFi tokens as the assets most likely to outperform bitcoin if the Senate voted in favor of the legislation.

    Trump Concession Reports Fueled Recent Rally

    Optimism strengthened earlier this week after reports that President Donald Trump was willing to make concessions on the bill’s ethics provisions. The market responded positively: bitcoin, the largest cryptocurrency by market value, rose to nearly $80,000 from about $77,000 on Monday.

  • CLARITY Act Passage Odds Drop Below 20% as Senate’s 60-Vote Path Narrows

    CLARITY Act Passage Odds Drop Below 20% as Senate’s 60-Vote Path Narrows

    The CLARITY Act is heading toward a critical Senate vote with no clear coalition capable of delivering the 60 votes needed for enactment. Expectations for the landmark crypto market‑structure bill deteriorated sharply Tuesday, with Polymarket odds of enactment falling below 20% after reaching about 34% during the previous 24 hours.

    CLARITY Act Faces Critical Senate Vote

    The Senate is expected to vote Tuesday afternoon on whether to proceed with the bill. Clearing that procedural hurdle requires 60 votes, meaning Republicans cannot advance the legislation alone even if all 53 GOP senators support the measure. However, that assumption increasingly looks difficult as Sens. Susan Collins and John Cornyn are among Republicans who have yet to commit. According to reports, Collins has raised concerns about whether the bill could accelerate deposit flight from community banks, one of the financial industry’s central objections to allowing crypto firms to compete more aggressively for customer balances. Meanwhile, Sen. John Curtis plans to support opening debate but has drawn a distinction between allowing the process to continue and backing the legislation itself, saying the current text would not win his vote on final passage. The uncertainty has prompted the White House to intensify its outreach to Republican senators, according to Semafor, as administration officials try to prevent banking‑industry opposition from peeling away votes the legislation can scarcely afford to lose.

    Republican Coalition Wavers

    The arithmetic leaves Republican negotiators trying to protect their right flank while finding enough Democrats to cross the 60‑vote line. That second challenge also became harder Monday night. Senate Democrats agreed after a private meeting to send Republicans their own counterproposal. Democrats have since delivered the document to GOP negotiators, though they have not yet publicly disclosed its provisions. Sen. Mark Warner said Democrats who had participated in the negotiations were making another offer after concluding that the latest Republican package still fell short. Ethics restrictions remain a central concern. Republicans had spent the weekend trying to close that gap with what aides described as their final legislative offer, including tougher rules governing financial conflicts involving senior government officials. Those changes were meant in part to address Democratic concerns about President Donald Trump’s crypto interests.

    In response to this, Sen. Cynthia Lummis said:

    “It’s becoming clear that some Democrats simply won’t get to yes, no matter what we put in the text. President Trump has now agreed to two historic ethics provisions — provisions these very members demanded. We’ve given you everything you’ve asked for, yet you keep holding the bill hostage, demanding more and more and more. It’s beyond frustrating. There’s nothing left to give.”

    Crypto Industry’s Closing Arguments

    The crypto industry is now trying to convince wavering senators that Democrats have already secured substantial concessions. Coinbase Chief Policy Officer Faryar Shirzad said the CLARITY Act addresses all seven principles Democratic senators outlined a year ago for acceptable crypto market‑structure legislation, including regulatory jurisdiction, issuer oversight, illicit finance, conflicts of interest and consumer protection. He said negotiators also incorporated 126 additional substantive changes requested by Democrats, portraying the current bill as the result of more than a year of bipartisan bargaining rather than a Republican proposal Democrats are being asked to accept unchanged.

    “Democratic negotiators played a major role in getting it here,” Shirzad said. “They should vote for it.”

    Ripple Chief Executive Brad Garlinghouse made a similar appeal, arguing that lawmakers had already made meaningful compromises on difficult provisions.

    “Perfect can’t be the enemy of good,” he said, urging senators to vote yes.

    Coalition Strains and Broader Political Pressures

    Those interventions reflect what’s at stake in Tuesday’s procedural vote. The crypto industry has spent years pushing Congress to replace the U.S. regulatory patchwork with legislation that divides oversight responsibilities and establishes rules for digital‑asset businesses. But the coalition that brought the bill this far is showing strain from several directions at once. Democrats remain dissatisfied with the ethics package. Banking groups are pressing Republicans over stablecoin competition and deposits. Some GOP senators are still studying a bill that has grown to more than 600 pages after successive rounds of negotiations.

    At the same time, political pressure is spreading beyond the Senate. Semafor reported that some House Democrats who backed crypto legislation earlier in Congress are becoming concerned that major industry‑backed super PACs may not support them in upcoming elections despite their votes. That unease adds another layer to the standoff as crypto political groups decide where to deploy their substantial campaign resources.

    What’s at Stake

    A successful procedural vote would not settle those disputes. Instead, it would move them onto the Senate floor, where lawmakers could spend much of the remainder of September fighting over amendments, ethics provisions and banking issues before reaching final passage. However, a defeat could be more damaging, with Lummis saying such a situation would “drive the digital asset industry overseas, leave consumers vulnerable, and sideline American [crypto] leadership.”

  • Senate Democrats Hold Last-Minute Meeting Ahead of Crucial Crypto Vote

    Senate Democrats Hold Last-Minute Meeting Ahead of Crucial Crypto Vote

    Senate Democrats Convene Emergency Caucus on Crypto Clarity Act Ahead of Critical Tuesday Vote

    Senate Democrats are holding a last-minute caucus meeting Sunday evening to discuss the Clarity Act, a landmark cryptocurrency market structure bill, ahead of a crucial procedural vote scheduled for Tuesday. Senate Majority Leader Chuck Schumer convened the session as lawmakers continue working to resolve several major disagreements surrounding the legislation, according to Politico.

    Procedural Vote Will Determine Bill’s Path Forward

    The Tuesday vote is expected to determine whether the legislation can advance to broader Senate consideration. The outcome remains uncertain as a group of roughly a dozen Democratic senators has spent months negotiating over the bill, but several major issues remain unresolved.

    Among the lawmakers involved in the discussions are Senators Kirsten Gillibrand, Mark Warner, Ruben Gallego, Lisa Blunt Rochester, Andy Kim, and Angela Alsobrooks, according to crypto commentator Chad Steingraber.

    60-Vote Threshold Requires Bipartisan Support

    The legislation will need 60 votes to advance. Assuming all voting Republicans back the measure, at least several Democratic senators would also have to support the procedural motion. Democrats are pushing for stricter conflict-of-interest restrictions, which remain the key obstacle so far.

    The Senate Banking Committee previously advanced the legislation in May in a bipartisan 15-9 vote. A fresh version of the roughly 630-page bill was unveiled on Thursday.

    Weekend Negotiations Continue as Deadline Looms

    Galaxy Digital CEO Mike Novogratz said earlier on Sunday that negotiations were continuing over the weekend. Tuesday’s procedural vote would make it possible for the legislation to move toward full Senate consideration.

    As reported by U.Today, Senator Cynthia Lummis has warned that failure to advance the legislation could delay comprehensive cryptocurrency market structure legislation for years.