The outline of U.S. virtual asset regulation has become clear for the first time as the Senate Banking Committee unveiled the draft of the Digital Asset Market Clarity Act. The key points are effectively classifying Bitcoin (BTC) and Ethereum (ETH) as "non-securities" and expanding the scope of virtual asset services offered by banks to include staking.
According to CoinDesk on the 13th, the U.S. Senate Banking Committee released a 309-page draft on Tuesday morning. Lawmakers can submit amendments until the end of business on Wednesday, and a vote-like "markup" is scheduled to take place at 10:30 a.m. (Eastern Time) on Thursday.
Bitcoin and Ethereum Virtually Escape Regulatory Uncertainty
The most notable aspect of the draft is the confirmation of the legal status of major virtual assets. As of January 1, 2026, tokens that were the underlying assets of spot exchange-traded products (ETPs) will be permanently classified as "non-securities." In effect, Bitcoin (BTC) and Ethereum (ETH) will not be reclassified as securities in the future, regardless of any changes in the leadership of the U.S. Securities and Exchange Commission (SEC) or the Commodity Futures Trading Commission (CFTC).
The "regulatory clarity" that the industry has long demanded is effectively directly incorporated into the wording of the bill. The U.S. virtual asset market has long been plagued by uncertainty regarding whether assets are classified as securities, but this draft is designed to significantly reduce that controversy.
Staking protection also lowers the entry barrier for banks
Staking was also excluded from the determination of securities status in this draft. Direct participation using one's own tokens, non-custodial staking utilizing third-party node operators, liquidity staking, and even custodial staking services offered by exchanges were all classified as administrative or bureaucratic activities. Governance rights attached to tokens were also not allowed to overturn the determination that they are not securities.
The entry barriers for banks into the virtual asset business have also been significantly lowered. The draft Section 401 allows national and state banks and credit unions to perform digital asset custody, staking, lending, payments, market making, and underwriting without separate prior approval. This could significantly accelerate the connection between the U.S. financial sector and the virtual asset industry.
Stablecoin returns banned… 'Interest-based' rewards blocked
The most sensitive issue, the profit structure of stablecoins, has been clearly defined. Exchanges and platforms are prohibited from providing interest or returns solely on the holding of stablecoin balances. Compensation economically similar to bank deposits is also not permitted.
However, staking rewards, governance participation incentives, reward programs, and rewards linked to actual platform usage will be maintained. It is highly likely that the stablecoin reward models operated by existing exchanges will need to be restructured. This is interpreted as a compromise that separates and recognizes activity-based rewards on virtual asset platforms from the blocking of 'deposit substitute products' demanded by the banking sector.
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View full Alpha Report →The remaining hurdle is coordination between the Senate plenary session and the House.
Lawmakers must submit amendments by Wednesday, and the bill's passage through the committee will be decided during the markup on Thursday. Even after that, a vote in the Senate plenary session, coordination with the House version, and President Trump's signature remain. The White House aims for a final signature before July 4.
This draft is the document that most concretely shows where U.S. virtual asset regulation is headed. With the simultaneous inclusion of locking the status of Bitcoin (BTC) and Ethereum (ETH), staking protection, allowing bank entry, and limits on stablecoin returns, the market is facing a new framework where 'deregulation' and 'conservative control' coexist.
💡 Frequently Asked Questions (FAQ)
Q. What is the biggest impact this bill will have on the virtual asset market?
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