Rulemaking includes particular person regulators and companies fleshing out the small print of a regulation handed by legislators. It might probably embrace publishing proposed guidelines and looking for public remark.
It could take many years for the crypto market structure bill to be implemented due to a lengthy rulemaking process, according to Paradigm’s vice president of regulatory affairs, Justin Slaughter.
The market structure bill has advanced to the Senate committee stage with bipartisan text and ongoing negotiations. It’s set for a markup with the Senate Banking Committee on Thursday, while the Senate Agriculture Committee has delayed its hearing until Jan. 27.
If the House of Representatives and the Senate pass the bill, and US President Donald Trump signs it into law, it could still take nearly two presidential terms for all the rules to come into force, Slaughter predicted in a X post on Tuesday.
He said that because there are “45 rulemakings required in this bill alone,” it’s likely that “the process of implementing this bill will not just run through this presidential term, it will probably run through the entirety of the next one.”
The crypto industry has long been asking for regulatory clarity from lawmakers.
Similar legislation has been slowed by rulemaking
Rulemaking involves individual regulators and agencies fleshing out the details of a law passed by legislators. It can include publishing proposed rules, seeking public comment, and issuing final regulations that have the force of law, which can be a lengthy process.
“Speaking from experience, Dodd-Frank still isn’t finished today, and most of the non-CFTC rules were finished in that from 2013-2018, 3 to 8 years after passage,” Slaughter added.
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The Dodd-Frank Wall Street Reform and Consumer Protection Act was a major US financial reform enacted in 2010 in the aftermath of the 2008 financial crisis, which subsequently took years of agency rulemaking before its rules reshaped markets.
Bill could die a few times before passing
The crypto market structure bill still has to pass before any rulemaking can start, and Slaughter speculates that could also take a while.
“I’ll be watching on Thursday to see if there is a bipartisan process or things fall apart. But I’ve never seen a major bill that passed into law that didn’t die a few times before it ultimately came through, so hope always springs eternal.”
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