Senate sets Sept. 15 60-vote test for Digital Asset Market Clarity Act

The U.S. Senate is scheduled to hold a 60-vote procedural test on Sept. 15 for the Digital Asset Market Clarity Act, which aims to establish a broader federal framework for digital asset markets. Under the official floor schedule, cloture on the motion to proceed to H.R. 3633 is set to ripen at 2:15 p.m. A successful vote would allow the Senate to move toward considering the legislation, but would not pass it. Senate rules require three-fifths of senators duly chosen and sworn to invoke cloture on a legislative motion. With 53 Republicans, 45 Democrats and two independents, supporters would need at least seven Democratic or independent votes if all Republicans back the motion and every seat is filled. The bill cleared the Senate Banking Committee in a bipartisan 15-9 vote in May, though that result does not establish its floor support. Seven Democratic senators—Angela Alsobrooks, Cory Booker, Catherine Cortez Masto, Ruben Gallego, John Hickenlooper, Mark Warner and Raphael Warnock—said in July that the text did not adequately address ethics, consumer protection, illicit finance, conflicts of interest and market integrity. Republican Sen. Jim Risch supports advancing the bill and called Sept. 15 the beginning of the Senate process; a complete whip count has not been made public. The vote has also focused attention on what the CFTC (U.S. derivatives regulator) could do without new legislation. CFTC Chair Michael Selig said on Aug. 20 that the agency would begin taking crypto-market steps under existing authority if the bill continued to stall because of what he called Democratic obstruction. Its agenda includes joint work with the Securities and Exchange Commission on regulatory jurisdiction, rules for tokenized collateral and leveraged retail transactions, pathways for perpetual derivatives, and possible exemptions or safe harbors. Those measures could shape parts of the market but would not replicate the broader regime under consideration in Congress. The CFTC can police fraud and manipulation in spot digital commodity markets and regulate derivatives within its jurisdiction, including certain leveraged, margined or financed retail commodity transactions. Selig told senators that legislation would provide a fuller framework for trading-platform registration, examinations and customer-fund segregation. Coinbase CEO Brian Armstrong suggested regulators could unveil rules on Sept. 16, but neither Selig's statement nor the agency's published agenda confirms that date. Before H.R. 3633 could become law, the Senate would still have to consider and pass it, resolve differences with the House-approved version and send identical legislation to the president.

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Senate sets Sept. 15 60-vote test for Digital Asset Market Clarity Act - CoinPost Terminal