Tue, 12 Madefi

CLARITY Act’s final draft has been released ahead of May 14 markup – What’s in it?

Burns Brief

On May 12, the Senate Banking Committee released updated text of the CLARITY Act ahead of a scheduled May 14 markup Market participants are carefully weighing the implications, with the outcome likely to depend on broader macro conditions and volume. Watch for volume confirmation — a breakout above average volume would signal the trend is likely to continue.

On May 12, the Senate Banking Committee released updated text of the CLARITY Act ahead of a scheduled May 14 markup. The bill would establish new rules for digital asset intermediaries, define how certain network tokens are treated, expand the role of federal market regulators, and create a path for banks to offer crypto-related services. It also preserves protections sought by decentralized finance developers and adds restrictions to prevent crypto platforms from offering deposit-like yield on payment stablecoin balances . The release moves the Senate effort from private negotiation into a public committee process. If approved by the panel, the bill would still require further negotiations before reaching the Senate floor. However, its path remains uncertain because Democratic concerns over ethics restrictions for federal officials were not resolved in the text released this week. Still, several US lawmakers believe that the legislation could reach President Donald Trump's desk before July 4. Senator Thom Tillis said: “After months of painstaking negotiations with stakeholders, the updated CLARITY Act language is a bipartisan compromise that will provide regulatory certainty needed to foster innovation in the United States. I was proud to work with my colleagues on both sides of the aisle to develop this improved, consensus-based product, and I look forward to Congress quickly passing this legislation and sending it to President Trump’s desk soon.” Stablecoin rewards face new limits in CLARITY Act The most closely watched provision in the updated bill is Section 404, which targets stablecoin yield . The text would prohibit covered digital asset service providers and their affiliates from paying US customers passive interest or yield on payment stablecoin balances. That language is designed to prevent exchanges and other crypto platforms from offering products that resemble interest-bearing bank deposits without being regulated as banks. However, the bill still leaves room for activity-based rewards. Programs tied to transactions, payments, platform use, staking, governance, or loyalty activity would remain possible under future rules from the SEC, CFTC, and Treasury. That distinction gives crypto firms a narrower path to preserve customer incentives while handing banks a partial victory in their push to stop stablecoin issuers and exchanges from competing directly with deposits. Banking groups have argued that stablecoin reward programs could accelerate deposit flight from the banking system, especially if customers can earn yield-like benefits on dollar tokens outside insured accounts. However, crypto firms have countered that rewards tied to platform activity are not equivalent to bank interest and should not be banned outright. The compromise attempts to separate passive yield from commercial incentives. That line will be tested during markup, where banks, exchanges, and stablecoin issuers are likely to press lawmakers for narrower or broader wording before the bill advances. DeFi developers keep core protections The bill preserves key protections for software developers and infrastructure providers, a major win for DeFi advocates who had been watching whether law-enforcement concerns would narrow the language. The Blockchain Regulatory Certainty Act (BRCA) language would clarify that non-custodial blockchain developers and service providers are not money transmitters merely because they build software, validate transactions, provide computational work, or support decentralized networks. The text also preserves criminal liability for those who intentionally transfer funds on behalf of another person while knowing the assets are tied to unlawful activity. That balance reflects one of the bill’s central dividing lines: regulation would attach more clearly to control, custody, and customer-facing intermediation, while software development and network participation would receive explicit protection. The DeFi provisions also address concerns that decentralized governance systems could be treated as a single controlling person or group. The text would clarify that routine governance actions, infrastructure participation, and limited cybersecurity emergency measures do not automatically establish centralized control. Other sections of the CLARITY Act would direct regulators to develop rules for non-decentralized finance trading protocols, require risk-management programs for intermediaries routing activity through DeFi protocols, and instruct the Treasury to provide guidance for certain web-hosted front ends. The result is a framework that protects core development activity while still giving regulators channels to police financial crime, sanctions evasion, fraud, and market manipulation. Banks get clearer crypto clarity The updated CLARITY Act text would also give banks and credit unions a broader statutory basis for digital asset activity. Section 401 would clarify that national banks, state banks, financial

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