Editor’s note: Morning Money is a free version of POLITICO Pro Financial Services morning newsletter, which is delivered to our s each morning at 5:15 a.m. The POLITICO Pro platform combines the news you need with tools you can use to take action on the day’s biggest stories. Act on the news with POLITICO Pro . The leaders of the Senate Agriculture Committee have filed their entry in the crypto bill bonanza. With the summer recess and midterm elections looming, Chair Debbie Stabenow (D-Mich.) and Sen. John Boozman (R-Ark.) on Wednesday dropped new legislation assigning the Commodity Futures Trading Commission direct oversight of crypto markets. The U.S. has lagged other nations in establishing rules for digital asset markets that ballooned in size during the the pandemic. The recent crash, which was accelerated by the bankruptcies of bank-like lending platforms, underscored how the dearth of industry-specific regulation and enforcement tools could erase billions of dollars worth of digital asset deposits in a matter of weeks — and leave retail investors holding the bag. Leaders at both the CFTC and SEC have been staking out their respective roles in policing that marketplace, with SEC Chair Gary Gensler claiming that most crypto assets look like securities and that digital asset trading platforms should fall under his agency’s direct supervision. Stabenow and Boozman’s bill positions the CFTC to take the lead. Exchanges and brokerages — particularly those trading Bitcoin or Ether — would have to register with the CFTC. It also tasks the much-smaller financial derivatives regulator with creating new rules to protect consumers and establish guardrails around practices like margin trading. What’s more, it would also clarify how tokens are categorized as securities or commodities — a hot topic in the aftermath of an SEC court filing that identified several tokens listed on Coinbase as securities. “One in five Americans have used or traded digital assets—but these markets lack the transparency and accountability that they expect from our financial system,” Stabenow said in a statement. “That’s why we are closing regulatory gaps and requiring that these markets operate under straightforward rules that protect customers and keep our financial system safe.” This isn’t the first bill to grant the CFTC the top role in digital asset regulation — and it likely won’t arrive with the same level of fanfare that greeted Sens. Cynthia Lummis (R-Wyo.) and Kirsten Gillibrand’s (D-N.Y.) legislation earlier this year. With that said, industry lobbyists and Hill staff have high expectations for the measure, which puts the imprimatur of Senate leadership on efforts to give the CFTC primacy over the much-larger SEC in the most highly trafficked crypto spot markets. “It is encouraging to see the growing interest in digital assets within the leadership of the Senate Committee on Agriculture and the bipartisan desire to give the CFTC the clarity it needs to oversee crypto spot markets,” said Blockchain Association Executive Director Kristin Smith in a statement. POLITICO reported earlier this year that CFTC staff had been coordinating with lawmakers on the bill’s framework, which also creates new funding mechanisms to support the financial regulator’s new responsibilities around digital assets. Notably, while the bill doesn’t delineate any specific responsibilities for the SEC — that’s outside Senate Ag’s purview — it does include language that allows the CFTC’s new digital commodities registrants to also register with the securities regulator. It also preempts any state-level registration requirements related to money transmission, virtual currency, and commodity brokers — something that could ruffle feathers among Republicans who have sought to let states lead on crypto regulation. “Relying solely on state regulation does not ensure that rules and regulations work for all stakeholders,” Boozman said in a statement. “Our bill will empower the CFTC with exclusive jurisdiction over the digital commodities spot market, which will lead to more safeguards for consumers, market integrity and innovation in the digital commodities space.” IT’S WEDNESDAY — Send your questions, plus any tips or story ideas, to kdavidson@politico.com , ssutton@politico.com or aweaver@politico.com .
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