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U.S. Senate Republicans Release Revised Version of the Digital Asset Market Clarity Act, Approximately 630 Pages

The U.S. Senate Republicans have released a revised version of the Digital Asset Market Clarity Act, approximately 630 pages long, as a compromise text ahead of the procedural vote on September 15. Wyoming Senator Cynthia Lummis stated that the text incorporates over 114 amendments proposed by Democrats and specifies that only nominally decentralized trading agreements that are actually controlled by individuals or substantially rewrite protocol functions, operations, or consensus rules must register with the Commodity Futures Trading Commission (CFTC).

Such "non-decentralized financial trading agreements" will have rules developed by the CFTC and the Treasury Department and will be subject to the Bank Secrecy Act. The provisions related to decentralized finance have been narrowed to spot and cash digital commodity trading, with public explanations addressing concerns from tribal governments regarding on-chain prediction markets circumventing gambling and derivatives regulations. The text also includes pathways for credit unions to participate in digital asset custody and settlement, aiming to allow community financial institutions to use the same compliance channels as commercial banks.

The ethical provisions have not undergone major changes: conflicts of interest for senior officials will still be enforced by the Department of Justice, and a sunset provision around January 2029 remains. Reports indicate that proposals for stricter separation and granting greater enforcement powers to state attorneys general, advocated by Democrats and Republican Senator Thom Tillis, have not been adopted. Issues regarding stablecoin yields, illicit finance, and conflicts involving the Trump family's crypto assets remain negotiation hurdles. At the time of the draft's release, reports indicated that no Democratic senators had co-sponsored it.

The procedural advancement requires 60 votes, with Republicans currently holding 53 seats; if all party members support it, approximately 7 Democratic votes will still be needed. The House of Representatives has already passed a corresponding version. The banking industry association continues to call for tighter restrictions on interest rewards for stablecoins; the crypto industry views the legislation as a certainty that can transcend SEC terms.

In market mechanisms, the sellers are exchanges, stablecoin intermediaries, and protocol teams seeking legislative pathways, while the blockers are banks lobbying to protect deposits and tighten rewards, as well as lawmakers treating ethical provisions as conditions for passage. The driving force is the voting window on September 15. Funds will continue to operate under existing stablecoin laws for third-party rewards until the bill passes; after passage, the categories for registration and the scope of reward prohibitions will be codified. Beneficiaries will be centralized platforms that can register with the CFTC and credit unions that gain operational rights; those under pressure will be agreements that evade intermediary obligations by claiming "no control" narratives, as well as prediction market-type contracts.

Source: Public Information

ABAB AI Insight

The revised draft targets regulation at "who can change the rules" rather than whether decentralization is mentioned in the white paper. Once it is determined that someone can change functions, operations, or consensus, the agreement becomes an intermediary and must register. This incorporates a control test into the legislation to dismantle nominal decentralization. The exclusion of prediction markets from exemptions to spot cash indicates that tribal gambling rights and federal derivatives boundaries entered the text earlier than crypto slogans.

The capital pathway is registration in exchange for market access. CFTC registration brings obligations under the Bank Secrecy Act and a legal status parallel to traditional intermediaries. The credit union provisions map community financial custody and settlement rights together, preventing only national banks from handling on-chain dollars. The ethical provisions remain unchanged, effectively leaving the Trump asset conflict in political pricing: the technical chapter can be amended in 114 places, while the conflict of interest chapter determines whether 7 votes are present.

In comparison to the 1934 transformation of exchanges into registered markets, and the commodity law pushing certain contracts into futures markets: CLARITY aims to delineate areas for the SEC and CFTC and use control tests to determine who must enter the market. The FTX-style vertical integration is a risk memory for Democrats, while banks' risk memory is deposits being siphoned off by rewards. Both sets of memories are stuck in the same 630 pages.

Structural changes reflect regulatory changes. The mechanism is: procedural 60 votes temporarily hand legislative power to a minority of Democrats, who use ethics and prediction markets as leverage; Republicans exchange technical concessions for registration frameworks and credit union provisions. Whoever first obtains intermediary status in the legislation can keep their products within the U.S. account system; those who continue to claim no control will face accusations of being "unregistered intermediaries" after the text takes effect.

ABAB News · Cognitive Law

  1. Those who can change the rules will be treated as intermediaries by law.
  2. Technical chapters are negotiable, while conflict of interest chapters determine votes.
  3. The narrowing of exemptions is the true regulatory boundary.

Source

·ABAB News
·
7 min read
·13 hrs ago
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