CLARITY Act could remove Section 604 or expose non-custodial developers to Bank Secrecy Act obligations
2026-07-20 17:08
Odaily Odaily reports that one year after the U.S. House of Representatives passed the Clarity for Digital Assets Act (CLARITY Act), the bill remains stalled in the Senate, facing opposition from the banking industry and partisan divisions. Supporters anticipate a potential vote before the Senate's August recess.
Industry organizations Coin Center and the Blockchain Association have identified Section 604 as a key provision for protecting open-source innovation. This provision aims to prevent non-custodial blockchain developers, node operators, and validators from being classified as federal money transmitters.
Stefan Muehlbauer, Head of U.S. Government Affairs at CertiK, stated that removing Section 604 could conflate software development with financial services, subjecting developers to the Bank Secrecy Act and triggering First Amendment-related constitutional challenges. Iana Dimitrova, CEO of Openpayd, noted that the expanding use of stablecoins for cross-border value transfer has made the need for a federal regulatory framework more apparent.
The bill also addresses accounting standards, acknowledges the rescission of SEC Staff Accounting Bulletin SAB 121, and prohibits the SEC from reimposing equivalent crypto custody accounting requirements without a full notice-and-comment rulemaking process. Mark Zalan, CEO of Gomining, pointed out that Bitcoin still faces regulatory gaps, such as tax treatment.
Industry organizations Coin Center and the Blockchain Association have identified Section 604 as a key provision for protecting open-source innovation. This provision aims to prevent non-custodial blockchain developers, node operators, and validators from being classified as federal money transmitters.
Stefan Muehlbauer, Head of U.S. Government Affairs at CertiK, stated that removing Section 604 could conflate software development with financial services, subjecting developers to the Bank Secrecy Act and triggering First Amendment-related constitutional challenges. Iana Dimitrova, CEO of Openpayd, noted that the expanding use of stablecoins for cross-border value transfer has made the need for a federal regulatory framework more apparent.
The bill also addresses accounting standards, acknowledges the rescission of SEC Staff Accounting Bulletin SAB 121, and prohibits the SEC from reimposing equivalent crypto custody accounting requirements without a full notice-and-comment rulemaking process. Mark Zalan, CEO of Gomining, pointed out that Bitcoin still faces regulatory gaps, such as tax treatment.
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