Most industries clamor for deregulation. But when it comes to crypto, supporters have been asking for more regulations.
This is because historically, crypto platforms and businesses have often had a relatively hard time operating in the US, due in large part to a lack of regulatory clarity.
Recently, however, Washington seems to be moving in a favorable direction for crypto supporters, though there’s no guarantee things will play out as they hope.
2024 brought some positive momentum for the crypto industry after the Securities and Exchange Commission (SEC) approved the trading of spot bitcoin and ether ETPs, and closed an investigation that sought to classify ethereum as a security. More recently, President Trump reiterated a pledge to make the US the “Crypto Capital of the World.”
Now, a set of new crypto regulations are in the works. It’s worth noting many details are currently in early rough draft phases and may undergo significant revisions going forward. There is also no guarantee any of them will come to fruition. Nevertheless, below are a few works in progress the crypto industry is monitoring.
1. Clarity regarding stablecoins
As of March, the Trump administration has indicated stablecoin legislation is its immediate priority for legislation. Stablecoins are a special class of cryptocurrencies designed to provide the stability of cash using blockchain technology.
Several pieces of stablecoin legislation are currently in the works.
Two of the most prominent are the Guiding and Establishing National Innovation for US Stablecoins (GENIUS) Act, a bill advanced in the Senate, and the House-advanced Stablecoin Transparency and Accountability for a Better Ledger Economy (STABLE) Act. These are companion bills that were introduced in early February, and both attempt to establish guidelines around stablecoin operations.
The former includes rules that require issuers to maintain 1:1 reserves backed by qualifying assets (for example, U.S. Treasurys), and prohibits algorithmic stablecoins (the collapse of a major algorithmic stablecoin helped trigger the 2021 crypto bear market). The latter is currently written to align closely with the GENIUS Act.
In March, the GENIUS Act passed the Senate Banking Committee with an 18 to 6 vote, and now needs to pass the full Senate as next steps are determined.
Meanwhile, the Trump administration has also been pushing regulatory development. In January, President Trump signed the Executive Order on Strengthening American Leadership in Digital Financial Technology, which aims to encourage stablecoin adoption through regulatory clarity.
Supporters of the proposed legislations hope that a clear regulatory framework for stablecoins will incentivize banks, governments, and other major financial institutions to adopt them, triggering widespread mainstream use in the process. Meanwhile, detractors believe the proposals as they currently stand do not sufficiently protect consumers, and leave too much room for large companies to engage in exploitative practices.
2. A comprehensive regulatory framework for digital assets
Many in the crypto industry are watching for a broader set of industry-friendly guidelines that will enable crypto-related platforms, organizations, and start-ups to operate confidently within US borders.
The leading bill in this area is currently the Financial Innovation and Technology for the 21st Century Act (FIT21). It establishes guidelines for regulating cryptocurrencies, defining when a digital asset classifies as a commodity (which would fall under the jurisdiction of the Commodity Futures Trading Commission) or a security (which would fall under the jurisdiction of the SEC). This could have significant implications, as it would determine not only who oversees digital asset regulation but also how those policies are enforced.
It also includes a definition for decentralization requirements for crypto exchanges, reporting and compliance rules, stablecoin guidelines, and a provision for the right for consumers to self-custody their crypto. The bill was passed with bipartisan support in the House in May 2024, but many experts believe it will likely be reworked before being reintroduced in the Senate.
Elsewhere, President Trump’s Executive Order on Strengthening American Leadership in Digital Financial Technology aims to fast-track progress by creating a special committee tasked with developing a regulatory framework by July 2025. The administration has also nominated crypto advocates to positions of influence, including SEC Chair.
3. Strategic crypto reserves
In early March, President Trump signed an executive order to establish a Strategic Bitcoin Reserve, which will be capitalized with bitcoin owned by the Department of Treasury. These are bitcoins that were acquired as part of criminal or civil asset forfeiture proceedings. The executive order also establishes a US Digital Asset Stockpile, a crypto reserve that will include non-bitcoin cryptocurrencies.
The administration sees the reserves as ways to diversify the government’s holdings and potentially benefit from the gains from an emerging asset class. Note that any expansion of the reserves would likely need support from Congress to gain real traction.
The crypto reserve concept has been echoed in other branches in government as well. Last year’s BITCOIN Act of 2024, which is a different proposal from President Trump’s executive orders, awaits review in the Senate. If passed, it would direct the US Treasury to buy 1 million bitcoin over a 5-year period. The goal would be to ensure that the US eventually owns at least 5% of the total bitcoin supply (bitcoin’s algorithm dictates there will only ever be 21 million bitcoin).
The cryptosphere has mixed opinions about whether these are good ideas. Some believe a government reserve will be a powerful catalyst for mainstream crypto adoption. Other crypto supporters aren’t so sure about the prospect of a government owning a significant amount of bitcoin, as bitcoin’s original vision was to create an alternative to government-created currencies. They hold that government involvement at this level muddies this vision.
Meanwhile, crypto skeptics would agree with the latter crowd, but for a different reason: They argue crypto is too volatile to serve as a reserve asset, and that government-held crypto reserves should not exist.
If anything does happen, it’ll likely take time
In early February, Hester Peirce, SEC commissioner and head of the newly formed Crypto Task Force, expressed optimism that defined regulatory frameworks are coming. But she also emphasized that many policy proposal implementations are not imminent.
"Please be patient,” Peirce wrote.1 “The Task Force wants to get to a good place, but we need to do so in an orderly, practical, and legally defensible way.”
Investors should note that none of the details summarized above are set in stone. Many of the proposals are in early phases and may undergo heavy revisions in the coming months. There is also no guarantee any of them will come to fruition.
In the meantime, treat any investment theses built on pro-crypto legislation with caution.