Hester Peirce calls for SEC rulemaking to ‘bake in’ crypto regulation
US Securities and Exchange Commissioner (SEC) Hester Peirce offered a few suggestions for longer-lasting changes in crypto regulation between administrations with potentially different views.
Speaking at the DC Blockchain Summit on March 26, Peirce, who heads the SEC’s crypto task force, said she expected that the commission could create more “durability” for digital asset regulations through rulemaking at the agency and legislation in Congress. Such rulemaking and laws would be in contrast to guidance issued by the agency, such as a recent statement suggesting that memecoins do not qualify as securities.
“I hope people won’t be sitting around thinking about the Howey test,” said Peirce, referring to a method to determine whether an asset is a security. “Your lawyers have to think about these things, I’m not saying that they’ll not be relevant, but it shouldn’t be the kind of thing that is driving what you decide to build. I want there to be enough clarity on the question of what falls in our jurisdiction and then, if it does, how you can move forward.”
SEC Commissioner Hester Peirce speaking at the DC Blockchain Summit on March 26. Source: Rumble
Peirce’s remarks came as the SEC has dropped several investigations or enforcement actions against major crypto firms, including Coinbase, Ripple, Kraken and Immutable. Some see the commission’s change in policy under acting chair Mark Uyeda as an attempt by US President Donald Trump to have the agency drop cases against firms that supported his 2024 campaign.
Related: SEC plans 4 more crypto roundtables on trading, custody, tokenization, DeFi
Since the 119th session of Congress started in January, lawmakers have suggested that they intend to move forward with a market structure bill clarifying the roles the SEC and Commodity Futures Trading Commission will have over digital assets. On his third day in office, Trump signed an executive order establishing a working group that would explore, among other things, a regulatory framework for stablecoins.
Is a new SEC chair on the horizon?
Paul Atkins, whom Trump nominated as an SEC commissioner in December, will appear before US lawmakers in the Senate Banking Committee on March 27 and likely answer questions about his views on crypto regulation. Many in the crypto industry have indicated support for the former commissioner, who holds assets in real-world asset tokenization platform Securitize and controls a consulting firm tied to FTX.
If his nomination moves through the banking committee, it’s unclear whether the full Senate will vote to confirm Atkins to a term ending in 2031. He is expected to take over as SEC chair from Commissioner Uyeda.
Magazine: SEC’s U-turn on crypto leaves key questions unanswered
Senate Banking Committee Chair Tim Scott says he’s looking to mark up a crypto market structure bill next month to have it on President Donald Trump’s desk by early next year.
Scott told Fox Business on Tuesday that the committee has been negotiating with Democrats to reach a deal, but accused the party’s senators of stalling.
“Next month, we believe we can mark up in both committees and get this to the floor of the Senate early next year so that President Trump will sign the legislation making America the crypto capital of the world,” Scott said.
The House passed the CLARITY Act in July, which outlines the Commodity Futures Trading Commission and the Securities and Exchange Commission’s power to regulate crypto, and the Senate has been working on its own version of the bill.
Republicans on the Senate Banking Committee released a discussion draft on their section of the bill in July and suggested it would marry up with the CLARITY Act, and the Senate Agriculture Committee released its discussion draft on Nov. 10, which left much of the bill up for change.
The Agriculture Committee has jurisdiction over the CFTC, while the Banking Committee oversees the SEC and is leading parts of the bill relating to securities laws.
Bill will create clear rules and unlock crypto: Armstrong
Coinbase CEO Brian Armstrong said in a video posted to X on Tuesday that he was in Washington, DC, “pushing for market structure legislation,” and noted there had been “a lot of progress.”
“Senate banking is also working nights and weekends to get the next iteration of their text out, so we’ve got a good chance, I think, of a markup for this bill in December, hopefully get it to the president’s desk shortly thereafter,” Armstrong said.
“This would be a big milestone to get crypto unlocked with clear rules in the US, which would benefit all companies,” he added.
Where the bill will go from here
The CLARITY Act was one of three major crypto bills the House passed in July after a 10-hour voting session alongside the GENIUS Act, which aims to regulate stablecoins and the Anti-CBDC Surveillance Act, which outlaws central bank digital currencies.
Related: Regulator clarifies US banks can handle gas fees using crypto holdings
As the Senate is working on its own version, the CLARITY Act will return to the House for final approval if it’s passed by the Senate. It would then be sent to Trump to be signed into law.
Republicans hold the majority in the Senate with 53 seats, compared to the Democrats’ 47 seats, with legislation effectively requiring 60 votes to pass.
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