Reps. Torres And Flood Highlight SEC Oversight Hearing With Chair Gensler

SEC Chair Gensler at House Financial Services hearing

Republicans didn’t waste any time questioning the moves and motives of Securities and Exchange Commission (SEC) Chair Gary Gensler at the House Financial Services (HFS) “SEC Oversight” hearing today.

Video is here.

Minutes before the hearing commenced, a full-throated rejection by the Committee’s Republican caucus “slamming the agency for its persistent failure to conduct thorough economic analysis or consider stakeholder feedback regarding its regulatory agenda” was announced in the form of a letter to Chair Gensler. Read the release -and the letter.

Yesterday’s letter on Bitcoin spot market ETF’s sent by HFS committee member Rep. Mike Flood may have been more impressive given its bipartisan nature – both Rep. Ritchie Torres (D, NY) and Rep. Wiley Nickel (D, NC) signed on.

two things

As it turned out, during the hearing, the most revelatory moment related to digital assets was arguably provided by a Democrat (Rep. Torres (D, NY)see below), Tokenization is a tripwire when it comes to securities laws for Chair Gensler.

And, another highlight was Rep. Mike Flood’s (R, NE) questioning of Chair Gensler about Staff Accounting Bulletin 121 (SAB 121) and, separately, Flood’s announcement about the new “Uniform Treatment of Custodial Assets Act” which would gut the SEC’s bulletin. See below.

Also: This was an uninterrupted 4.5 hour hearing that ended at 2:29 p.m. ET. Wow. April’s House SEC Oversight hearing was only 3 hours and 45 minutes. Continue reading “Reps. Torres And Flood Highlight SEC Oversight Hearing With Chair Gensler”

House SEC Oversight Hearing Today; China Submits USPTO Application On Blockchain

SEC Oversight Hearing Today

hear ye, hear ye

Today, Securities and Exchange Commission (SEC) Chair Gary Gensler will visit House Financial Services for an “SEC Oversight” hearing beginning at 10 a.m. ET.

See the hearing page with live video

The hearing’s memorandum includes a wide range of potential topics – including digital assets. The SEC’s Staff Accounting Bulletin 121 (SAB 121) is at the top of the list. Industry policy executive Cody Carbone of Chamber of Digital Commerce shared on X: “…After meeting with Committee, expect a lot of continued questions on [crypto] with reactions of recent Court cases (Ripple, Grayscale).”

At the beginning of the Q&A during the last House SEC Oversight hearing in April, HFS Chair Patrick McHenry (R, NC) famously tried to get Gensler to say whether he thought Ether was a commodity or a security – but, to no avail. Gensler demurred.

For this hearing, Republican “push back” is expected. But, where will Democrats land? – other than the HFS Democratic leaders, that is. Ranking Member Maxine Waters (D, CA) and Rep. Stephen Lynch (D, MA) have dutifully supported the White House in past hearings and will no doubt come to Chair Gensler’s defense.

hear ye, hear ye – letter

Late yesterday afternoon, and just in time for today’s oversight hearing, a bipartisan letter from Rep. Mike Flood (R, NE) as well as fellow House Financial Services (HFS) Committee Members Rep. Wiley Nickel (D, NC), House Majority Leader Rep. Tom Emmer (R, MN), and Rep. Ritchie Torres (D,NY) arrived in Chair Gensler’s inbox. The gyst of the letter is that the Congressmen are urging the Chair to approve a spot Bitcoin Exchange Traded Product (ETP) “immediately.” See the letter.

If the spot Bitcoin ETP isn’t topic #1 today in today’s hearing, it will be topic #1A. The Congressmen have purposefully telegraphed their move to the Chair. Continue reading “House SEC Oversight Hearing Today; China Submits USPTO Application On Blockchain”

Cannibis And Digital Assets Legislation May Meet In Congress; Shutdown Means Slowdown

Cannibis and Crypto

cannabis for crypto

In an interview with Fortune’s Leo Schwartz on Friday at Messari Crypto’s Mainnet event in New York City, Senator Kirsten Gillibrand (D, NY) divulges a possible way forward for digital assets legislation in the Democratic-controlled Senate and the Senate Banking Committee, specifically – a key roadblock to regulation in the United States in the minds of pro-crypto advocates.

Gillibrand sees the possibilities for some “horse trading” as Fortune’s Schwartz writes, “One possible solution would be reaching a compromise on one of the Senate Banking Committee’s priorities – cannabis banking reforms – where the House and Senate committees would take up each other’s bills. Gillibrand said that she has spoken with [Senate Banking Chair Sherrod Brown (D, OH)] about a compromise along those lines, although declined to comment on his openness to the proposal.” Read more.

Gillibrand still sees her Lummis-Gillibrand Responsible Financial Innovation Act as playing a role in Senate efforts to bring digital assets under the U.S. regulatory umbrella. Overall, the fact that the New York Senator is very public about these possible next steps for legislation is new for any sitting, Democratic U.S. Senator. And her influence shouldn’t be underestimated in that her fellow New York State Senator is the Senate Majority Leader Sen. Chuck Schumer (D, NY).

h/t @AlexanderGrieve Continue reading “Cannibis And Digital Assets Legislation May Meet In Congress; Shutdown Means Slowdown”

Crypto Democrats: Torres Challenges Progressives, Gillibrand Bullish On Legislation

Mainnet

Sen. Gillibrand on stablecoins

On Friday, Senator Kirsten Gillibrand (D, NY) appeared at Messari Capital’s Mainnet crypto event in New York City on Friday and talked all things digital assets in a conversation with Crypto Council of Innovation’s Sheila Warren. Sen. Gillibrand was remarkably positive about legislation momentum in spite of what may look like Capitol Hill gridlock due to a divided government. Senator Gillibrand is co-sponsor of the Lummis-Gillibrand Responsible Financial Innovation Act and a member of the Senate Agriculture and Intelligence Committees.

Gilibrand cut to the chase: “…passing a stablecoin bill is the low hanging fruit and we should absolutely try to do that this Congress (by the end of ‘24). I also think that passing a market structure bill is possible this Congress and so those two pieces would be the highest priority. We’ve already done the anti-money laundering and know-your-customer and anti-terrorism financing provisions in the defense bill (see NDAA amendment). It’s there. It’s workable, it’s smart, and it can be implemented. So, I would really hope that we can create a national conversation around at least the two next pieces, because it would make a huge difference. And there’s such a willingness on behalf of the leaders. In the House and the Senate to do this. We just need to create consensus and create momentum with other members understanding what’s at stake and why it’s important.”

Suggesting that the lightweight NDAA amendment covers the AML-KYC piece for digital assets seems to challenge the scope of – and growing number of co-sponsors for – Senator Elizabeth Warren’s (D, MA)Digital Asset Anti-Money Laundering Act.”

Nevertheless, Gillibrand didn’t hesitate on discussing what’s at stake: “If we can regulate, we can keep markets and we can keep participants. It allows our economy to grow, allows us to compete worldwide, and that’s better for New York, it’s better for America.” Continue reading “Crypto Democrats: Torres Challenges Progressives, Gillibrand Bullish On Legislation”

Former Senator Toomey Sees No Path Forward For Legislation In 118th Congress; On Crypto Leaving U.S.

National Security Seminar

maybe next Congress

Former Senator Pat Toomey (R, PA), Ranking Member of the Senate Banking Committee in the last Congress, appeared before an audience at a Georgetown Law Seminar titled, “National Security and Digital Assets Seminar” yesterday. Toomey said he can’t see any crypto legislation making it into the law books until 2025 at the earliest. CoinDesk’s Jessie Hamilton reports, “‘I don’t see a path forward in the Senate, regardless of how the vote goes in the House,’ [Toomey] said, though he thinks a bill on stablecoins would have the best chance.” Read more.

In the interview, Toomey sees broader implications with digital assets starting with national security. He said, “Technology drives the economy” which pays for the nation’s defense infrastructure.

Later, he explained, “From a national security point of view, I want our currency to be the most technologically sophisticated and to me it seems, right now, stablecoins are a way that provides that technological sophistication, gives our money, abilities, capabilities that it doesn’t have today.”

See video of the entire interview with Senator Toomey.

now leaving the U.S.

In an article titled, “Crypto Companies Are Looking Outside the U.S. for Growth,” The Wall Street Journal reviews whether crypto startups are really leaving the United States for friendlier jurisdictions. The WSJ cites: “Crypto venture-capital firm Ryze Labs, payments company Ripple Labs and Zodia Markets, a digital-asset trading platform backed by Standard Chartered, are all focusing outside the U.S. for growth, executives at these companies said.” Read more.

more tips:

Mike Novogratz’s Galaxy Digital targets Europe for crypto expansion – The Financial Times Continue reading “Former Senator Toomey Sees No Path Forward For Legislation In 118th Congress; On Crypto Leaving U.S.”

New Supply Chain Legislation Seeks To Incorporate Blockchain Tech; SEC Chair Hearing In HFS

blockchain hearing

Energy & Commerce

Yesterday, House Energy and Commerce’s (E&C) Innovation, Data, And Commerce Subcommittee held a hearing titled, “Mapping America’s Supply Chains: Solutions to Unleash Innovation, Boost Economic Resilience, and Beat China.” See the hearing page.

Committee Chair Cathy McMorris Rodgers (R, WA) and Innovation, Data, and Commerce Subcommittee Chair Gus Bilirakis (R, FL) said in announcing the hearing that the goal was to secure “our long-term global competitiveness in retaining manufacturing, spurring startups, and applying emerging technologies like artificial intelligence, blockchain, and ‘Internet of Things.'”

Subcommittee Chair Bilrakis and Ranking Member Jan Schakowsky (D, IL) presided over the hearing.

See the video of the two-hour hearing.

Energy & Commerce – use cases

Among the witnesses was Justin Slaughter of crypto venture firm Paradigm. In his prepared testimony, Slaughter provided blockchain technology use cases already in process.  He wrote, “…the US Air Force has a blockchain-based supply chain project called BASECAMP, which helps the Air Force ensure timely and secure manufacturing of its essential equipment, and provide a reliable supply of needed parts for maintenance, supporting the ongoing operations of our military globally.”

Download Slaughter’s testimony (PDF) –  a crisp example of the discussion around blockchain technology beyond financial applications, i.e. not crypto.

Slaughter was the only one of the witnesses who spoke to blockchain in their prepared testimony. During the hearing, Slaughter even discusses how unions (i.e. organized labor) see benefits of blockchain.

Energy & Commerce – legislation

According to the hearing’s memorandum, the E&C Subcommittee hearing also supported new, still unnamed, draft legislation related to the supply chain including one bill introduced by Rep. Larry Bucshon (R, IN) involving blockchain technology. “The bill would also establish the ‘National Blockchain Promotion and Deployment Program’ at the DOC (Department of Commerce). The bill would designate the Secretary of Commerce as the principal advisor to the President of the U.S. for policy pertaining to the deployment, use, application, and competitiveness of blockchain and other distributed ledger technologies; and authorize the Secretary to act through the program as necessary and appropriate to promote and assist the deployment, use, application, and competitiveness of blockchain and other distributed ledger technologies,” reads the memo. Continue reading “New Supply Chain Legislation Seeks To Incorporate Blockchain Tech; SEC Chair Hearing In HFS”

House Financial Services CBDC Markup Sends Emmer Bill To House Floor

CBDCs and the House Financial Services Committee

An ambitious markup of thirteen bills was on the docket for today’s markup by House Financial Services Committee led by Chair Patrick McHenry (R, NC) and Ranking Member Maxine Waters (D, CA).

The markup’s themes – led by the Republican majority but coordinated with Democrats – included protecting consumer privacy and preventing the overreach of government. There was also bipartisan legislation protecting United States’ national security interests particularly as it related to China.

Overall, most of the hearing’s tone was one of cooperation across the aisle and was reflected in unanimous passage of every bill not related to Central Bank Digital Currencies (CBDCs).

So, perhaps due to the expectation of extended debate, blockchain-related legislation containing various restrictions on a Central Bank Digital Currency (CBDC) were last on the Committee’s agenda.

With several CBDC bills to pursue, the Republican majority, led by Chair McHenry, apparently decided to solely pursue passage of H.R. 5403, the “CBDC Anti-Surveillance State Act” by Majority Whip Rep. Tom Emmer (R, MN). The bill bans the issuance of a CBDC (but the Fed can study it, as Republicans later emphasized).

See the post-hearing press release from the GOP.

tl;dr – the voting

The voting for H.R. 5403, the “CBDC Anti-Surveillance State Act” was approved along party lines with a vote of 27-20 which sends the bill to the House floor.

Ranking Member Waters and Rep. Stephen Lynch’s (D, MA) attempts to add amendments “softening” Rep. Emmer’s bill were both rejected along party lines in a votes of 27-20, as well.

Rep. Emmer announced the bills’ passage immediately after the hearing. Read it.

the CBDC markup

As the Central Bank Digital Currency (CBDC) portion of the markup arrived, it was clear that Democratic leadership wanted any digital currency associated with the U.S. Dollar in the hands of the Federal government.  The mostly-unspoken implications for private stablecoins was that Democratic leadership was opposed.

After Chair McHenry’s opening statement (read it), Ranking Member Waters made her statement which criticized the Republican anti-CBDC view.

Waters said, “Nobody fully understands the potential benefits and challenges of CBDCs or how their implementation could affect the preeminence of the US dollar and global finance more broadly. That is why the Biden administration and the Federal Reserve are researching this. However, the Republican bill before us today would stifle that research and prevent us from moving forward, even if it means that the dollar loses its status as the world’s reserve currency. And even if it means that US citizens lose out on faster, cheaper and simpler payments. I’m disappointed that Republicans have taken such a deeply anti-innovation stance.”

The “anti-innovation” accusation is an about-face to Democratic leadership’s positioning against the recent stablecoin and digital asset market structure bills which could be considered “pro-innovation.” Continue reading “House Financial Services CBDC Markup Sends Emmer Bill To House Floor”

House Financial Services Markup On CBDC Today; Giancarlo Advocates For Digital Dollar Future

Lobbying

pro-crypto lobby

Coinbase’s “Stand With Crypto” lobbying effort, which is now a standalone nonprofit, has been gaining momentum with a retail crypto member base of “10s of thousands of supporters” this year according to The Hill yesterday.

The Hill reports on the next steps, “The group’s new campaign targets federal lawmakers and seeks to get pro-crypto constituents across the U.S. to raise their voices with Congress. The push focuses on nine ‘swing states’: Arizona, California, Georgia, Illinois, New Hampshire, Nevada, Ohio, Pennsylvania and Wisconsin.” Next week, on the same day (September 27) Securities and Exchange Commission Chair Gary Gensler is rumored to appear in front of the House Financial Services Committee, Coinbase is also planning a “Stand with Crypto” day in D.C. Read more in The Hill.

Coinbase U.S. policy executive Kara Calvert suggests the potential implications for both parties with voters: “America’s 52 million-strong crypto constituency is engaged and want both clarity and protections as consumers and job creators.”

more tips:

Regarding “Stand With Crypto,” Politico reported yesterday morning: “Coinbase has granted a new 501c4 organization an eight-figure budget to support organizing efforts, paid media and events.” There was already an event in Ohio last week (see it) with  former Democratic Congressman Tim Ryan. Read more.

today’s markup

The House Financial Service Committee, led by Chair Patrick McHenry (R, NC) and Ranking Member Maxine Waters (D, CA), will commence a markup at 10 a.m. today.  There are 13 bills up for a vote.

See the landing page with a link to livestream.

As blockchain tipsheet discussed on Monday, three bills with anti-Central Bank Digital Currency (CBDC) positioning could present a challenge to the Democratic minority’s leadership: [H.R. 3402] Power of the Mint Act, [H.R. 5403] CBDC Anti-Surveillance State Act, [H.R. 3712] Digital Dollar Pilot Prevention Act. To vote against these bills could be perceived by voters that Dem leadership supports a CBDC which may raise voter concerns around privacy, surveillance and security. Continue reading “House Financial Services Markup On CBDC Today; Giancarlo Advocates For Digital Dollar Future”