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This is what's (currently) in the way of U.S. crypto market structure bill harmony

This is what's (currently) in the way of U.S. crypto market structure bill harmony

101 finance101 finance2026/01/08 01:12
By:101 finance

Republicans have agreed to dozens of Democrat requests in the months-long debate over the form of a U.S. bill that will establish regulations for crypto markets. But some of the biggest items remain unresolved as the timeline squeezes into a matter of days before a potential consequential Senate vote.

Senator Tim Scott, the chairman of the Senate Banking Committee, argued lawmakers can't wait any longer to move forward on crypto market structure legislation. He said a January 15 markup hearing is coming, and the other necessary markup from the Senate Agriculture Committee reportedly may happen on the same day.

However, some half-dozen items remain unresolved on the discussion list, according to a negotiation document that emerged after a meeting of senators on Tuesday. Lobbyists following the latest talks shared some thoughts on how much weight these issues might carry in whatever vote ends up happening next week.

Those points are largely the same that Democrats have been raising for months, including:

  • Ethics: A demand for language that bans senior government officials from pulling personal profits from crypto activity, as witnessed with President Donald Trump and his family. But Republican negotiator Senator Cynthia Lummis said she took a compromise provision to the White House and was rebuffed. Trump administration officials have routinely said that his family's participation in digital assets businesses doesn't represent an inappropriate conflict of interests. The take from crypto lobbyists: Republicans will never agree to go after the leader of their party.

  • DeFi: Oversight for decentralized finance (DeFi) that's on par with federally regulated financial firms — this is an area that some negotiation has addressed, but its fundamental definitions and questions remain unanswered. The take from lobbyists: If it goes awry, this is the thing that makes the crypto industry turn against its own bill.

  • Yield: The Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act said stablecoin issuers can't offer interest, but the read of the new law suggests that affiliates are okay to offer yield and customer-rewards programs. The crypto industry is moving forward on doing so, with the hope that some kind of return for stablecoin holders will incentivize users. The banking industry has said this could strangle its deposit-taking core and threaten the whole business model of U.S. banks, and some Democrats have been moved by that argument and want to limit crypto yield. But White House crypto adviser Patrick Witt argued Wednesday on X that withholding support over this "preserves the status quo which you allege is intolerable."The take from lobbyists: Coinbase Chief Policy Officer Faryar Shirzad said in a social-media post on Wednesday that "Congress already settled this in GENIUS — reopening it now only creates uncertainty and risks the future of the US Dollar as commerce moves onchain."

  • CFTC: The Commodity Futures Trading Commission that would be elevated to a leading role in U.S. crypto regulation in the legislation should have a full slate of commissioners — including the two slots for Democrat appointees. Same for the Securities and Exchange Commission. Trump has signaled that he's not keen on disrupting his campaign to rid regulatory agencies of Democrats, but he didn't entirely say no.The take from lobbyists: If existing law already lays out how commissions need to be staffed, how is this a legislative discussion?

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