Rulemaking Could Take Years to Finalize

Progress and Challenges in Enacting Crypto Regulation

The process of establishing comprehensive regulatory frameworks for the cryptocurrency industry remains complex and prolonged. While recent legislative efforts have made headway in the Senate, the path to full implementation involves extensive rulemaking, which could span multiple years.

Key Takeaways

• Legislative progress: The crypto market structure bill has advanced to the Senate committee stage with bipartisan support, though significant hurdles remain.
• Rulemaking complexity: Implementing the bill involves numerous detailed regulations, potentially taking years to finalize.
• Historical parallels: Similar legislative efforts, like the Dodd-Frank Act, faced lengthy rulemaking processes before their regulatory frameworks were fully realized.
• Industry concerns: The crypto sector has long demanded regulatory clarity, but the slow pace of rule formation continues to be a significant obstacle.

Tickers mentioned: None

Sentiment: Cautiously optimistic

Price impact: Neutral. Though legislative progress signals potential future regulation, actual market effects will depend on the pace and scope of rule implementation.

Market context: The ongoing legislative developments reflect broader efforts to integrate cryptocurrencies into the regulated financial landscape amid rising industry demands for clarity.

The Legislative Road Ahead

The proposed crypto market structure bill is at a pivotal juncture, having passed the Senate committee with bipartisan backing and scheduled for further review. A markup session with the Senate Banking Committee is imminent, with the Senate Agriculture Committee delaying its hearing until January 27. Once passed by both chambers and signed into law by the President, the bill’s implementation will still be a lengthy affair, taking years due to the extensive rulemaking involved.

Justin Slaughter, vice president of regulatory affairs at Paradigm, emphasized the complexity of this process. He noted that the bill requires at least 45 rulemakings, which means the regulatory environment may not materialize until the next presidential term. This slow pace is not unprecedented, as flagship reforms such as the Dodd-Frank Act demonstrated prolonged rulemaking phases, often spanning several years after legislation’s enactment.

The industry has been advocating for regulatory clarity to foster growth and investor protection. However, the protracted rulemaking process, exemplified by agencies still finalizing regulations from the Dodd-Frank reforms enacted over a decade ago, underscores the challenges ahead.

With the bill still awaiting passage, there is an acknowledgment that it may face setbacks or delays before becoming law. Slaughter remarked, “I’ll be watching on Thursday to see if there is a bipartisan process or things fall apart. But I’ve seen major bills die before they pass, so hope remains.”