Senator Elizabeth Warren, a Democrat from Massachusetts, speaks during a Senate Banking, Housing, and Urban Affairs Committee hearing in Washington, DC, US, on Tuesday, May 16, 2023.
Al Drago | Bloomberg | Getty Images
WASHINGTON — Lawmakers took big steps this week geared toward regulating digital assets before closing up shop until September. Two of them represented victories for the nascent crypto lobby on Capitol Hill. The opposite could spell trouble ahead for the industry.
The House Financial Services Committee advanced a measure Thursday to determine a transparent regulatory framework for the issuance of payment stablecoins. The bill also allows recent stablecoin issuers into the marketplace under certain conditions.
Rep. Patrick McHenry, R-N.C., chair of House Financial Services, said his long-awaited stablecoin regulatory framework, the Clarity for Payment Stablecoins Act, creates a “uniform federal floor” for the digital assets, and protects consumers by requiring stablecoins to be backed “one-to-one by specific high-quality liquid assets.”
Committee Democrats, meanwhile, argued the bill undermines its own requirements by allowing any federal or state regulator to expand the list of eligible reserve assets.
Nonetheless, several Democrats voted with Republicans to maneuver the bill forward, including Rep. Jim Himes of Connecticut and Rep. Josh Gottheimer of Recent Jersey.
The stablecoin vote got here only a day after the identical committee advanced a highly anticipated framework for crypto regulation, which delineated when a digital asset is a commodity and when it’s a security, for purposes of oversight.
The bills’ approvals, after a roughly 14-month debate between committee Republicans and Democrats, will be viewed as wins for the crypto industry, whose status on Capitol Hill was battered by the failure of crypto giant FTX last fall.
But these victories were tempered by an effort within the Senate to rein in crypto’s far-reaching influence.
Late Thursday night, the Senate passed an enormous defense funding bill that included several measures from different bills the digital-assets industry has opposed.
Considered one of them authorizes the Treasury Department to determine examination standards to assist prevent cryptocurrencies from getting used to finance illicit activities. One other authorizes Treasury to conduct a study on the best way to counter anonymous crypto transactions, and solicits recommendations for laws.
“Crypto has develop into the payment approach to alternative for rogue nations, drug lords, ransomware gangs, and fraudsters to launder billions of dollars in stolen funds, evade sanctions, fund illegal weapons programs, and profit off of devastating cyberattacks,” said Sen. Elizabeth Warren, D-Mass., who sponsored one among the bills which informed the amendment, in a press release.
Warren also highlighted the National Defense Authorization Act rider this week by reintroducing her bill, the Digital Asset Anti-Money Laundering Act. Democratic Sen. Joe Manchin, W.Va., and Republicans Roger Marshall of Kansas and Lindsey Graham of South Carolina also cosponsored the bill, to strengthen enforcement against foreign actors engaging in illicit crypto schemes.
The Senate defense bill will must be reconciled with a House version this fall.
The House crypto bills would likely garner enough support to pass within the Republican-controlled House, but struggle to realize traction within the Democratic-controlled Senate