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U.S. Senate Agriculture Committee to Introduce Draft Framework for CFTC Oversight of Digital Assets
The Senate Agriculture Committee is gearing up to unveil a draft proposal delineating the Commodity Futures Trading Commission’s (CFTC) regulatory authority within the digital asset industry. This initiative marks a significant milestone in shaping the U.S. cryptocurrency regulatory framework.
Scheduled for release in early September, the draft seeks to provide clearer guidelines on the CFTC's jurisdiction over digital assets, positioning it alongside recent legislation proposed by the Senate Banking Committee regarding the Securities and Exchange Commission’s (SEC) oversight.
What’s in the Upcoming CFTC Draft Proposal?
Per reporting by CoinGape on July 23, journalist Eleanor Terrett disclosed on X (formerly known as Twitter) that the Senate Agriculture Committee plans to roll out the discussion draft in early September. Leveraging information from sources familiar with the proposal, Terrett stated:
"SCOOP: The @SenateAg Committee — which oversees the CFTC and serves as the other half of the @BankingGOP’s market structure effort — plans to release its discussion draft in early September, according to a person familiar with the plans. While the Banking Committee oversees…”
The framework will outline the CFTC's regulatory scope regarding digital assets classified as commodities, offering a contrast to the SEC draft proposal, which primarily focuses on securities. This dual-agency approach reflects Congress's broader attempt to craft a cohesive and well-defined market structure for the crypto sector.
The SEC-focused draft, revealed by the Banking Committee earlier this week, emphasizes securities regulation, setting the stage for collaboration between the two regulatory bodies. Ultimately, both drafts are expected to converge into a single comprehensive legislative initiative for governing the digital asset market.
Bipartisan Efforts and Legislative Timeline
The Agriculture Committee reportedly aims to produce a bipartisan draft by integrating perspectives from key legislators, including Senator Amy Klobuchar (D-MN). Notably, the release timeframe coincides with Congress’s return from summer recess in early September—a strategic alignment with calls from the White House to fast-track the passage of digital asset market structure legislation.
This urgency follows the recent approval of the GENIUS Act by President Joe Biden, signaling the administration's commitment to advancing crypto-specific regulatory measures. Stakeholders and lawmakers alike are expected to prioritize constructive dialogue to finalize this legislative push.
CFTC’s Expanding Role in Digital Asset Oversight
The draft proposal highlights the CFTC’s increasing relevance in regulating the digital asset market by categorizing select cryptocurrencies as commodities. Key provisions underscore collaboration between the SEC and CFTC for joint rulemaking processes and regulatory oversight mechanisms. Additionally, the framework introduces operational benchmarks, requiring the CFTC to address complete applications within a 270-day window, ensuring efficient governance practices.
Another critical aspect of the proposal involves achieving an optimal balance of authority between the SEC and CFTC. The Banking Committee has sought industry feedback to evaluate whether the draft appropriately delineates jurisdiction between the two agencies, mitigating regulatory ambiguity.
Legislative Path Uncertainty
Despite efforts to reconcile the drafts proposed by the Senate Agriculture and Banking Committees into a unified regulatory framework, questions remain about the final legislative pathway. Lawmakers are actively debating whether to base the bill on the Senate’s version (referred to as the CLARITY Act) or incorporate elements from the House-approved CLARITY Act instead.
Given the rapid evolution and expansion of the cryptocurrency industry, the proposed legislative frameworks are expected to play a pivotal role in shaping the United States’ regulatory stance and fostering global competitiveness. Policymakers face mounting pressure to establish clarity, ensure market efficiency, and address security concerns inherent in regulating blockchain technology and digital assets.
By tackling challenges head-on and pursuing robust bipartisan collaboration, the Senate Agriculture Committee’s upcoming draft could significantly impact the future of crypto regulation in America, offering the groundwork for an inclusive, streamlined market structure tailored to the digital age.