Senate Republicans Rebut CLARITY Act Criticism Before Markup

Key Takeaways

Republicans Answer Claims on Securities Law and Illicit Finance

Senate Banking Committee Republicans defended the CLARITY Act ahead of a scheduled May 14 markup after criticism focused on investor protections, regulatory gaps, illicit finance, decentralized finance ( DeFi), and software developer liability. Their response followed publication of the bill text on May 11 and framed the measure as an alternative to fragmented oversight.

In a May 12 press release, lawmakers pushed back on claims that the proposal would weaken securities law. They argued digital asset securities would remain under Securities and Exchange Commission (SEC) authority, while covered entities would face disclosure obligations, resale restrictions, and anti-evasion compliance requirements. The release also presented SEC and Commodity Futures Trading Commission (CFTC) jurisdiction as a central issue, stressing:

“Americans deserve transparency, fairness, and accountability regardless of the technology involved.”

Illicit finance formed another major part of the rebuttal. Republicans argued the bill would bring digital asset brokers, dealers, and exchanges under Bank Secrecy Act requirements, including anti-money laundering programs, suspicious activity monitoring, customer identification rules, and sanctions compliance. They also pointed to expanded Treasury authority over high-risk foreign digital asset activity tied to money laundering concerns.

Bill Adds Consumer Rules and Enforcement Standards

Committee Republicans described the legislation as the product of more than 10 months of bipartisan negotiations involving regulators, law enforcement officials, academics, and industry participants. That background was used to counter claims that the bill was written for industry interests rather than public-interest outcomes.

Consumer protections were also part of the defense. The proposal would require educational materials on digital asset risks, disclosure standards, and fraud reporting procedures. Regulators would coordinate on financial literacy goals, while anti-fraud authority would remain in place alongside resale restrictions for digital asset market activity. Senate Banking Committee Republicans said:

“The CLARITY Act replaces uncertainty with clear rules of the road.”

The final part of the response addressed kiosks, DeFi, and software development. Digital asset kiosks would face registration and compliance standards, including warnings, fraud controls, holding periods, and withdrawal limits. Centralized intermediaries interacting with DeFi protocols would face risk-management rules, while developers who do not control customer funds would receive protections.