According to Blockworks, the US House of Representatives is set to vote on a significant cryptocurrency market structure bill, the Financial Innovation and Technology for the 21st Century Act (FIT21 Act), this week. The bill, which has already passed through the House Agriculture and Financial Services Committees, is expected to be voted on May 22. The bipartisan legislation has 11 co-sponsors, including Democrats Henry Cuellar of Texas, Wiley Nickel of North Carolina, and Ritchie Torres of New York.
The proposed law establishes joint rulemaking powers between the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC). The bill notably gives the CFTC control over digital commodities markets, including exchanges and broker-dealers. It also clarifies how digital assets are classified, stating that the existence of an investment contract alone does not make a token a security. This distinction could impact several ongoing legal disputes between token issuers, crypto exchanges, and the SEC. The co-sponsors of the bill believe that about 70% of all crypto tokens should be classified as commodities rather than securities.
However, the bill has faced opposition from some House Democrats who argue that it limits the SEC's power too much. Rep. Jonathan Jackson, D-Ill., proposed an amendment last summer to remove a section of the bill that allows firms who have filed a 'notice of intent to register' to be exempt from certain SEC enforcement actions. Agriculture Committee Chair Glenn Thompson, R-Penn., argued that the 'notice of intent' allows firms to operate in a limited capacity while the potentially lengthy registration approval process is underway. The bill also allows the CFTC to issue enforcement actions against firms who have completed the 'notice of intent' process.
Despite the opposition, the bill is likely to pass in the House due to the Republican majority and expected support from some Democrats. Its fate in the Senate, however, is less certain. This vote comes shortly after the US Senate passed Joint Resolution 109, which seeks to invalidate the SEC’s Staff Accounting Bulletin (SAB) 121. The resolution is now awaiting the President's approval, although the Biden Administration has indicated that the President will veto the legislation.
