A bipartisan counteroffer for ethics language in a major cryptocurrency bill would force President Donald Trump and other federal officials to divest any ownership stake in a digital asset company if it is worth more than $1 million and represents 10 percent or more of the firm’s value, according to three people with knowledge of the language who were granted anonymity to discuss private negotiations.
The restriction applies to ownership stakes in firms that obtain most of their revenue from issuance or sponsorship of digital assets, the people said.
The offer for ethics language in the crypto bill was sent to the White House last week by Sens. Thom Tillis (R-N.C.) and Ruben Gallego (D-Ariz.). Democrats, who rejected a previous White House-blessed GOP ethics proposal, are demanding the provision be in the bill to address concerns about the Trump family’s crypto businesses. It is unclear how exactly the language would apply to Trump, but it could require him to divest from World Liberty Financial, the crypto firm he launched with his sons.
The ethics language in the bill, known as the Clarity Act, remains the subject of ongoing discussions. Tillis told reporters Thursday afternoon that his office has had “discussions” with the White House, “but there’s no exchange of paper” so far.
The counteroffer would allow state attorneys general to sue the Justice Department for not enforcing the ethics requirements. It would also allow state AGs to sue crypto exchanges for listing assets that are in violation of the ethics requirements.
The state AG authorities have been a major sticking point in the ethics talks. Democrats say they don’t trust the Trump Justice Department to enforce any ethics rules, but Republicans have pushed back on proposals to create a role for state AGs, saying they could use the language to go after politicians in the opposite party.
Gallego said in a statement that “this sensible, bipartisan ethics deal ends Trump’s crypto grift by requiring him to divest and stops him from making one dollar more from his rug pulls.”
“If these provisions were law before Trump got into office, they would have prevented the $1.4 billion in corrupt earnings he’s made this term,” he said.
Tillis said in a statement that he has “made it clear” that he “will be voting to get on the Clarity Act but won’t support final passage without a bipartisan ethics agreement.”
“We have worked on a fair proposal that directly addresses the legitimate concerns of both Republicans and Democrats, including enforcing the law and preventing state attorneys general from abusing litigation for partisan purposes,” he said.
The White House did not immediately respond to a request for comment Thursday evening.
Republican supporters of the crypto bill have been hoping to hold an initial procedural vote on it before the Senate departs for its August recess, but GOP leaders are not currently expecting to take it up before leaving. The ethics fight is the biggest sticking point in bipartisan talks, though other outstanding policy issues also remain. The legislation needs bipartisan backing to advance.
The ethics counterproposal transmitted last week would also cover federal officials who have stakes in crypto firms that are less than $1 million. It would require any official who has an ownership stake of more than $15,000 to place those holdings in a blind trust or divest.
The ethics requirements would take effect one year after the bill is enacted into law. Officials would have six months after that to comply with the divestment requirement.
Bloomberg previously reported that the divestment proposal could let Trump take advantage of a tax break that allows federal officials who divest from certain assets to put off paying capital gains tax.
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