FIT21 Makes a Big Leap Forward for Crypto Regulation

June 18, 2024
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FIT21 Makes a Big Leap Forward for Crypto Regulation

In a significant move for the cryptocurrency industry, the U.S. House of Representatives recently passed the Financial Innovation and Technology for the 21st Century Act (FIT21) by a notable majority of 279 to 136. Despite this momentum, the bill faces challenges ahead, particularly in the Senate and inside the Oval Office, as election season kicks into high gear.. However, the widespread, bipartisan support for the bill underscores the urgent demand for clear and effective regulation in the rapidly evolving digital currency landscape.

Understanding the Importance of FIT 21

FIT 21 aims to establish a more defined regulatory framework for cryptocurrencies, classifying most as commodities under the oversight of the Commodity Futures Trading Commission (CFTC). This is significant because the CFTC is generally perceived as more favorable towards cryptocurrencies compared to the Securities and Exchange Commission (SEC). However, the SEC would retain authority over cryptocurrencies that do not meet the criteria for sufficient decentralization.

The bill’s objective is to provide clarity and stability in the crypto market, which has been plagued by regulatory uncertainty and conflict. By establishing clear guidelines, FIT 21 seeks to foster innovation while protecting consumers.

Strong Bipartisan Support

One of the most striking aspects of FIT 21 is its bipartisan support. The bill’s passage in the House with a two-thirds majority, including support from many progressive Democrats, Chuck Schumer, and Speaker Emerita Nancy Pelosi among them, highlights a broad consensus on the need for regulatory reform in the crypto space. House Financial Services Committee Chair Patrick McHenry emphasized this point, urging the Senate to act swiftly and capitalize on the momentum before the upcoming presidential election.

“For us to pass that important bill FIT21 with a two-thirds vote of the House of Representatives in these divided times, it is a major statement,” McHenry said. This overwhelming support should serve as a wake-up call for the Senate, indicating that there is significant political will to address the regulatory challenges facing the crypto industry.

Potential Challenges in the Senate

Despite the strong backing in the House, FIT 21 faces potential hurdles in the Senate. Notably, the Senate has no specific deadline to take action on the bill, and it requires a majority vote of at least 51 senators to pass. Political dynamics and competing legislative priorities could slow down its progress, particularly in a high-stakes election year.

Critics argue that the bill is overly accommodating to the crypto industry, a sentiment echoed by some within the Biden administration who emphasize the need for consumer protections alongside opportunities for innovation. Additionally, there are concerns about potential regulatory gaps that could impact market stability.

The Trump Factor

Former President Donald Trump’s strong endorsement of crypto-friendly policies adds another layer of complexity to the debate. His support could influence the Senate vote, particularly among Democrats and Independents who might be wary of aligning with his stance. However, this robust and energetic endorsement could potentially alienate Senate Democrats unwilling to cast a vote aligned with Mr. Trump.

Biden Weighs In

While a renewed bipartisan split on support for crypto would have been a solid bet following Mr. Trump’s strong endorsement of the industry by his once and future presidential opponent, Joe Biden began courting the crypto industry himself. There is even word that his campaign may accept donations in crypto, following Trump’s lead.     

Presidential Approval and Implementation Challenges

Despite his recent public openness to crypto , there is no certainty that President Biden would sign FIT 21 into law. The administration previously expressed concerns publicly about the bill, hinting at possible regulatory gaps that could affect market stability. The decision to sign or veto the bill would have significant implications for the future of crypto regulation in the United States, not to mention Mr. Biden’s chances of keeping his job.

Moreover, even if the bill becomes law, its implementation is expected to be a slow and complex process. CFTC Commissioner Summer Mersinger has indicated that extensive coordination between regulatory agencies could delay the enactment of new rules for months or even years. This echoes the experience with the Dodd-Frank Wall Street Reform and Consumer Protection Act, which took years to fully implement.

“Rulemaking is a slow, slow process. And you think the law is signed in, the president signs it, it’s all done. That’s just step one,” Mersinger said. This highlights the ongoing challenges that the crypto industry will face even after the legislative hurdles are cleared.

Peering into the Future of Crypto Regulation

Despite the challenges, the strong support for FIT 21 in the House reflects a significant step forward in the quest for regulatory clarity in the crypto space. The bipartisan nature of the support underscores the widespread recognition of the need for regulatory adjustments to keep pace with technological advancements.

The ongoing debate around FIT 21 also serves as a reminder of the importance of staying informed and engaged with legislative developments. As the crypto industry continues to evolve, so too will the regulatory landscape. It is crucial for stakeholders to remain proactive in their compliance efforts and to be prepared for the changes that will inevitably come.


The passage of FIT 21 in the House marks a significant milestone in the journey towards clear and effective cryptocurrency regulation. While challenges remain, particularly in the Senate and with potential implementation delays, the strong bipartisan support for the bill underscores the urgent need for regulatory clarity. By fostering innovation and protecting consumers, FIT 21 represents a critical step forward in adapting to the dynamic demands of the 21st-century digital economy.

As the crypto industry evolves rapidly, collaboration and adaptation are crucial. BitAML is here to help you navigate the complex regulatory landscape of 2024 and beyond. Our experts stay current with developments like the FIT 21 bill and changing global regulations. We provide guidance to ensure your crypto business remains compliant and transparent. Set up a free consultation today to learn how we can support your journey through these regulatory changes.

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