Democrats Accuse SEC of “Playing It Close to the Chest” in CLARITY Act Briefing

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House Democrats Accuse SEC of Partisanship Over CLARITY Act Briefing

House Democrats are alleging that the Securities and Exchange Commission (SEC) has shown partisan bias by withholding a written technical analysis of the CLARITY Act from them, while reportedly providing it to Republican staffers. This accusation comes after what Democratic aides described as an evasive and inadequate briefing by SEC officials regarding the crypto market structure bill, which aims to reform cryptocurrency regulations in the United States.

During a recent call meant to offer technical assistance, Democratic staffers expressed severe dissatisfaction, labelling the session as "the worst" they had ever experienced. They claimed the SEC failed to address fundamental questions and dispatched personnel lacking the necessary expertise for such a crucial topic. Democrats argued this marked a significant deviation from the standard bipartisan practices typically adhered to in such briefings.

Concerns were raised about the SEC’s selective sharing of information—while Democratic staffers were informed that some details were “privileged,” Republican counterparts apparently received more detailed insights. Instead of an enriching discussion led by subject-matter experts, the Democrats were met with representatives from the SEC’s legislative affairs office and legal counsel, a development they viewed unfavourably.

The tense atmosphere was heightened as the committee prepares for a hearing on the CLARITY Act scheduled for June 5, with fears that the bill may roll back essential oversight beyond the realm of cryptocurrency. Maxine Waters, the Committee Ranking Member, is set to pen a letter to SEC Chair Paul Atkins, demanding a thorough written analysis of the bill’s ramifications. This request mirrors previous standards set by former Chair Gary Gensler during discussions on the FIT21 bill.

In her draft letter, Waters emphasised the consequential nature of the CLARITY Act for the regulatory landscape concerning digital assets, touching upon matters of investor protection, market competition, and the SEC’s ongoing regulatory mandates. The asserted need for comprehensive analysis is aimed at ensuring informed policymaking in a rapidly evolving financial environment.

Democratic staffers are particularly apprehensive that the exemptions within the CLARITY Act might enable traditional finance firms to skirt SEC oversight altogether, provided they merely apply blockchain technology to their offerings.

With the stakes high and tensions rising between the two parties, how the SEC responds to Waters’ request could significantly shape the discourse around cryptocurrency regulation in the US, impacting both the future of digital assets and the framework within which they operate.

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