The latest significant development in U.S. cryptocurrency legislation is the passage of the *Financial Innovation and Technology for the 21st Century Act (FIT21)* by the House of Representatives on *May 22, 2024*. This bill aims to provide a clearer regulatory framework for digital assets by delineating the roles of the *Securities and Exchange Commission (SEC)* and the *Commodity Futures Trading Commission
šļø Key Provisions of FIT21
Regulatory Classification*: Digital assets would be classified as commodities under the CFTC if their underlying blockchain is "functional and decentralized." Conversely, if the blockchain is "functional but not decentralized," the assets would be considered securities, falling under SEC jurisdiction.
Dual Registration*: The bill allows digital asset intermediaries to register with both the SEC and CFTC, facilitating compliance across both regulatory bodies.
Disclosure Requirements*: It mandates that issuers provide clear disclosures and information, ensuring transparency in the digital asset market.
š³ļø Legislative Process and Support
The House passed FIT21 with a *279-136* vote, including support from *71 Democrats* and *208 Republicans*. Proponents argue that the bill addresses the regulatory uncertainty currently facing the crypto industry and provides a balanced approach to oversight.
āļø Opposition and Criticisms
SEC Chair Gary Gensler* has expressed concerns that FIT21 could create regulatory gaps and undermine decades of precedent regarding the oversight of investment contracts.
Rep. Maxine Waters (D-Calif.)*, Ranking Member of the House Financial Services Committee, criticized the bill for potentially stretching the CFTC's resources and weakening the agency's enforcement capabilities.
š® Outlook
While FIT21 has passed the House, its future in the Senate remains uncertain. Investment bank TD Cowen notes that the bill has "no chance" of becoming law in the current Congress but could set the stage for future legislative efforts on crypto market structure.
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