New Draft Clarity Bill Will Prevent Trump And Officials From Issuing Crypto With A 2029 Sunset

Micah Zimmerman

Senate Republicans on Wednesday released an updated version of the Clarity Act, a draft that for the first time includes a crypto-ethics agreement that bars the president, vice president, members of Congress, federal judges and other covered officials from issuing or sponsoring digital assets.

The new Clarity Act text, released after morning briefing calls with stakeholders, adds a section titled “Prohibition on Certain Digital Asset Transactions.” It states that a covered person may “not, for remuneration” issue or sponsor a digital asset, a ban that reaches public officials and employees in their service, and their spouses.

An accompanying clause bars the listing of any digital asset found to be issued or sponsored by a covered person in violation of the prohibition.

The bill offers a safe harbor. A covered person would avoid violation by placing a direct interest in a digital asset in a qualified blind trust, disposing of it, or both along procedures that track the ethics agreement rules under section 208 of title 18.

A separate carve-out protects continued use of a covered person’s name, image or likeness when an issuer or intermediary used it before the person became covered.