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Home»Legal»Market Structure is Most Important Piece of Digital Asset Legislation
Legal

Market Structure is Most Important Piece of Digital Asset Legislation

NBTCBy NBTC09/11/2025No Comments4 Mins Read
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Key Highlights

  • Senator Lummis declared that new digital asset market structure legislation is a historic and “the most important piece of digital asset legislation”
  • Comprehensive legislation, including the CLARITY Act in the House and a draft bill in the Senate, aims to create clear rules by dividing oversight between the SEC and CFTC
  • This new regulatory development is expected to trigger massive integration of digital assets by traditional financial institutions

In the latest post on X, Senator Cynthia Lummis of Wyoming declared that a new digital asset market structure bill is “the most important piece of digital asset legislation in United States history, and the time is now.”

Market structure is the most important piece of digital asset legislation in United States history, and the time is now. @SenGillibrand and I have been working on this since 2022, and our ideas are battle tested. pic.twitter.com/ZsU0sRL3Uy

— Senator Cynthia Lummis (@SenLummis) November 4, 2025

Senator Lummis, working closely with Senator Kirsten Gillibrand, a Democrat from New York, highlighted their bipartisan partnership. She noted that their ideas, developed and tested since 2022, are now perfectly ready to become law. This legislative development was fueled by a growing wave of support for cryptocurrency under the Trump administration.

Senator Lummis Declares Time for Crypto Law is Now

For years, the digital asset industry in the U.S. has operated under a cloud of uncertainty. A patchwork of unclear regulations and aggressive legal actions from government agencies created a difficult environment for innovation and left consumers vulnerable to risks.

The foundation for the current legislative efforts was laid in 2021 with the initial introduction of the Responsible Financial Innovation Act by Senators Lummis and Gillibrand. This proposal has been refined over several years to create a comprehensive blueprint.

It aims to clearly define what different digital assets are, specify which government agencies oversee them, and weave cryptocurrency into the existing fabric of federal banking and tax laws. This ongoing work has created the stage for the key developments now unfolding in 2025.

The pace of legislative action has accelerated this year. Early in 2025, House Republicans introduced the Digital Asset Market Clarity Act, also known as the CLARITY Act. This extensive framework is designed to end the confusion over regulatory jurisdiction.

It proposes that the Securities and Exchange Commission (SEC) oversee digital assets that function like securities, while the Commodity Futures Trading Commission (CFTC) would regulate digital commodities that operate on mature, decentralized networks. This bill also includes protections for developers of non-custodial financial systems and requires exchanges to comply with anti-money laundering laws.

In the major development, the CLARITY Act passed the House of Representatives in July with a strong bipartisan majority. Meanwhile, in the Senate, the Banking Committee, led by Chairman Tim Scott and including Senator Lummis, released its own discussion draft of the Responsible Financial Innovation Act in late July.

This draft requires public input on major issues like investor protection and preventing illicit finance.

Another major bill, the GENIUS Act, which focuses specifically on stablecoins, has already been passed by both the Senate and the House and was signed into law by U.S. President Donald Trump in July. This new law mandates that stablecoin issuers hold high-quality reserves to back their tokens and grants law enforcement the power to freeze assets.

As of November 2025, the focus is on the Senate, where the CLARITY Act must be reconciled with the Banking Committee’s own proposal. The goal is to pass a final, unified bill before the end of the year.

Senator Lummis, who now chairs a new subcommittee dedicated to digital assets, has been holding hearings to build consensus. In a major development, a group of Senate Democrats, including Senator Gillibrand, released a framework in September that emphasizes consumer protection.

While debates over budget issues and how to handle decentralized finance have caused some delays, the overall momentum remains strong, with key committees aiming for a final agreement by December.

Trump Administration’s Effort for Regulatory Clarity

The current administration has made establishing clear rules for cryptocurrency a top priority, in line with President Trump’s campaign promise to make America the central hub for the digital asset industry.

On January 23, an executive order reversed several restrictions from the previous administration and created a new working group focused on digital asset markets.

This group, which includes the chairs of the SEC and CFTC, was tasked with providing recommendations to boost growth in the cryptocurrency sector. The recently passed GENIUS Act on stablecoins is a direct result of this effort. Federal banking regulators have also taken steps to encourage traditional banks to engage in cryptocurrency custody and services, effectively ending what many in the industry called debanking.


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