House Has “Our Own Ideas” Says Rep. Soto Regarding Lummis/Gillibrand Bill

Rep. Darren Soto

Congressman Darren Soto (D, FL), who is also co-Chair of the Congressional Blockchain Caucus, reiterated today that he wholeheartedly supports creating effective regulation that offers guardrails to crypto markets. But in an on-stage interview with Axios, if anyone thinks Rep. Soto is going to let the Senate take the lead, they appear to be mistaken.

He said in regards to the new “Responsible Financial Innovation Act” introduced in the Senate by Senator Cynthia Lummis (R, WY) and Senator Kirsten Gillibrand (D, NY), “We definitely agree that the SEC jurisdiction should be narrowly defined to treat securities [such that] if you’re doing an issuance that results in stock later on – which every now and again has happened in the past – that should be a security. But others should be either a currency or governed by the FTC or CFTC. We agree broadly with some of the ideas in [the Lummis/Gillibrand] bill and certainly have our own ideas in the House and we need to reconcile those eventually.”

The seeds of Rep. Soto and Rep. Warren Davidson’s (R, OH) Digital Taxonomy Act and Token Taxonomy Act began back in 2018/2019.

Rep. Soto responded to Axios on several topics…

On Promoting Innovation and Regulating Simultaneously

CONGRESSMAN DARREN SOTO: Existing regulators need their scope and jurisdiction redefined while making sure to foster innovation. The very laws we’re working on are trying to strike that balance with the Token Taxonomy Act, with the Digital Taxonomy Act. There’s an issue right now with whether the SEC is going to regulate futures, while not allowing for spot investments – this is an example where existing laws are just antiquated.

On SEC Chair Gary Gensler Desire to Maintain Existing Laws

CONGRESSMAN DARREN SOTO: I’m in Congress. Of course I disagree with that.

Our job is to pass new laws to evolve to what society has in the case of cryptocurrency, it could be one of four different types of archaic assets that are being discussed by Chair Gensler: it could be a commodity, a security, a currency and even could be a future.

Trying to fit it into 20th century boxes just doesn’t work. But, there is good news. We had bills that passed the House to help get the agencies to respond and get their input before we pass laws. While the Senate didn’t take it up, President Biden put out his Executive Order and utilized a lot of that language. The holdup is Congress needs to hear back from agencies. I’d wave a magic wand tomorrow and start defining these things but some of my colleagues want to hear from the executive branch as well. So, right now Congress is in that dialogue. We expect over the next couple of months to get those reports back, and then we’ll put pen to paper… but saying that 20th century financial definitions are going to define 21st century cryptocurrencies is just off the mark.

What is a Light Touch to Regulation

CONGRESSMAN DARREN SOTO: It starts with defining jurisdictions so that we don’t have agency overlap. It also makes sure that we’re starting with basic rules of the road like we did for the Internet… back in the late 90s, early 2000s. So now we’re at a point where things like 340, we may need to amend but at the time, we put in some basic rules the road to protect consumers. We just want to make sure we have guardrails for the most blatant frauds that you could see like “pump and dump” and other things that that are that are intentional rather than the risks of the market which are naturally going to be there similar to stocks and precious metals and other currencies. There needs to be basic rules to protect consumers. But other than that, we need to allow for innovation.

On Clarity

CONGRESSMAN DARREN SOTO: We are troubled by the fact that many new crypto firms are paying half their costs in legal just to help navigate so many of these different jurisdictions. That is troubling to us. We see a big move happening when China decided not to play anymore cryptocurrency – that puts us and Europe as natural leads on this. But without rules of the road and uncertainty, it’s tough to get capital to start a lot of these different companies.

What Parts of the Lummis/Gillibrand Bill Would Have Bipartisan Report

CONGRESSMAN DARREN SOTO: I can’t say that I’ve read every single word [of the Lummis/Gillibrand bill] and poured through it – we have two chambers, right? And, we in the House put out our own ideas with the Digital Taxonomy Act and the Token Taxonomy Act which is an even lighter touch than what they’re talking about in the Senate with Representative Warren Davidson, a Republican from Ohio, and I’m a Democrat from Central Florida. So we’ll put out and progress our own bills, [the Senate will] be putting out theirs and then we’ll either go to conference there will be negotiating between the chambers. But, we believe in the bills we’ve already put out.

On Using Crypto and Educating

CONGRESSMAN DARREN SOTO: I’ve been interested in it for a while for the use of it. I represent Central Florida place where folks come to travel from all around the world to our top theme parks, our beaches and so many other great things. When we’re talking about doing international services like putting together – as a travel agent – someone’s experience in Central Florida or helping out with other services in that are, you reduce friction costs by using cryptocurrency across several different nations. That’s a big, exciting part of what can help Central Florida in that we do so much international tourism business, but also for remittances. We have a lot of first generation immigrants and they have family members back in places that are not stable like Venezuela. And now we’re seeing in Ukraine how crypto was able to help – through decentralized currency – undermine the the attacks that have been [carried out by an] unjustified Russia.

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Congress Reaches Out To Crypto Throngs at Consensus 2022

Congress at Consensus 2022

There may have never been a bigger moment in the confluence of blockchain technology and U.S. federal government policymaking as Congress came to the crypto throngs last Friday for a “Town Hall” at Consensus 2022 in Austin, Texas.

Seated from left to right were Senators Pat Toomey (R, PA), Kirsten Gillibrand (D, NY), Cynthia Lummis (R, WY) and Congressman Patrick McHenry (R, NYC) who acted as a team and appeared to be keenly interested in creating a relationship with the thousands in attendance. CoinDesk’s Jesse Hamilton moderated.

The new Lummis/Gillibrand “Responsible Financial Innovation Act” was the calling card in Austin, and clearly the Congressional members knew that a key constituency for helping create, refine and pass effective blockchain-related legislation in the years to come was seated before them. The congressional leaders also seemed to understand the audience’s skepticism about Congress and its ability to pass any helpful legislation quickly.

Senator Toomey, whose term ends this coming January, didn’t hesitate to stoke the fires of expediency at the outset by suggesting that stablecoin legislation – such as his – could be passed this year.

Concurring with the senator from Pennsylvania, Congressman McHenry said (lightly edited for clarity):

“The reason why we will be able to move on stablecoins is because there’s alignment around the essentials of asset-backed stablecoins. Algos (algorithmic stablecoins) are a different deal. But, asset-backed stablecoins – that regime is a very reasonable one for us to come to terms with (…). We’re about 50% aligned on the most extreme pieces of legislation here. And that’s pretty darn good for Washington. So then we can get into the finer points of some questions like: ‘Who’s the regulator?’ which are more preference issues than ideologies driving those conversations, but the need is there. And there is a understanding among Republicans and Democrats in the House and Senate on the basic things we need to do on stablecoins. We have to [build definitions on stablecoins and address] definitional issues around digital assets and the regulatory framework of the exchanges that they are on.”

McHenry added that the new Lummis/Gillibrand bill had moved the conversation forward.

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Top 16 Government Policy Discussions at Consensus 2022

Consensus 2022

Consensus 2022, one of the biggest blockchain conferences of them all, is taking place this week beginning June 9 through June 13 in Austin, Texas.  And, government policy topics will be centerstage with a wide-ranging roster of speakers joining the Coindesk-produced conference.

The full agenda is here.

Take our rankings with a grain of salt – it’s hard to know until you get there.  But here are 16 picks for key government policy discussions that we’re looking forward to at the show…

#1 – Washington’s Crypto Awakening: The Lawmaker Town Hall

Friday, June 10 – 2:40 PM – 3:30 PM CT

Participants:

    • Senator Cynthia Lummis (R, WY)
    • Senator Kirsten Gillibrand (D, NY)
    • Senator Pat Toomey (R, PA)
    • Congressman, Patrick McHenry (R, NC)
    • Jesse Hamilton, CoinDesk (moderator)

blockchain tipsheet tip: Promising a Town Hall inspires visions of bar stools and theater-in-the-round with audience participation. We’ll see what happens, but the lineup of 3 leading senators and a key congressman pushing blockchain legislation is impressive even if it’s by video link.

Senator Lummis and Senator Gillibrand will be appearing three days after their long-awaited June 7 introduction of their digital assets bill in the U.S. Senate. The two senators represent the krux of regulatory possibilities, which remarkably is not partisan (at this point): Sen. Lummis sits on the Senate Banking committee – with Ranking Member Senator Toomey – which oversees the Securities and Exchange Commission (SEC). And Senator Gillibrand is on the Senate Agriculture committee which oversees the U.S. Commodity Futures Trading Commission (CFTC).

Possible questions to pursue:

    • Should the SEC oversee cryptos or the CFTC -or is it a mix?
    • Realistically, when can a broad-based regulation passed by Congress? – it doesn’t feel like this year given the Fall election.
    • Where does Congressman McHenry’s interests in a separate digital assets regulatory body fit?
    • How might things change if McHenry becomes Ranking Member on the House Banking Committee should the House flip to Republicans in the Fall elections?
      On the stablecoin front, what the latest according to Senator Toomey?
    • Did Terra Luna damage policy momentum?
    • What’s Senator Toomey gonna do once his term ends in January – seems perfect for the blockchain lobby or venture capital?

#2 – CFTC’s Vision for Crypto Regulation Continue reading “Top 16 Government Policy Discussions at Consensus 2022”

SEC Chair Gensler Discusses FY 2023 Budget with House Appropriations (Video)

SEC's Gensler at House Appropriations

Fiscal Year 2023 is in focus today for U.S. Securities and Exchange Commission Chair Gary Gensler who is presenting his group’s budget for next year to the House Committee on Appropriations chaired by Rep. Rosa DeLauro (D, CT).

The live hearing began at 10:30 am ET on Wednesday, May 18. Chair Gensler will also be answering questions with U.S. Federal Trade Commission chair Lina Khan, who will discuss her commission’s budget for the next fiscal year.

As outlined by the SEC’s FY 2023 budget justification in March, points of discussion with the House committee as it relates to crypto includes:

    • Staying ahead of investor protections with more full-time employees for SEC’s Enforcement (ENF) division.
    • Continuing to grow the Investment Management (IM) division which approves and regulates ETFs and other financial vehicles which may involve cryptocurrencies.
    • Coordinate across the U.S. government and with international partners on applicable policy decisions related to integration and use of distributed ledger technology in a securities context.

See the on-demand video stream of the hearing:

There is no member of the Congressional Blockchain Caucus on House Appropriations.

Live blog …
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Keeping Tabs on Bitcoin in El Salvador

ACES Act

The “Accountability for Cryptocurrency in El Salvador Act” or “ACES Act” (S.3666) took another step forward this month as the Congressional Budget Office reported its estimation of costs to fulfill the Act.

The bi-partisan legislation is sponsored by Senator Jim Risch (R, ID) and co-sponsored by Senator Bill Cassidy (R, LA) and Robert Menendez (D, NJ) as part of their efforts on the Senate Foreign Relations committee.

As Protocol notes, the Senators position this as a study to make sure the US financial system is not impacted negatively by El Salvador’s cryptocurrency experiment. A glass-half-full opportunity of this legislation could be to understand benefits accrued to the tiny Central American nation by its adoption of bitcoin as a legal currency. But, there’s no mention of that angle.

Published on the CBO site today, the details and costs are summarized:

“In 2021, El Salvador officially adopted a cryptocurrency as legal tender. S. 3666 would require the Department of State to report to the Congress on the details and ramifications of that action. The bill also would require the department to devise, implement, and report to the Congress on a plan to mitigate any potential risk to the U.S. financial system from El Salvador’s action and similar actions by other countries.

On the basis of information about the costs to prepare similar reports, CBO estimates that satisfying that requirement would cost less than $500,000 over the 2022-2026 period. Such spending would be subject to the availability of appropriated funds.”
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McHenry Proposes New Regulator for Digital Assets -not SEC or CFTC

Patrick McHenry

The Securities and Exchange Commission (SEC)  is not set up to handle the digital assets world said Rep. Patrick McHenry (R, NC) at a Punchbowl News event in DC today.

“I fundamentally think that the Securities Exchange Commission and the CFTC lack that capacity to well-regulate this new innovation,” McHenry told interviewer Anna Palmer. “I think you have to have a separate regulatory sphere for digital assets… that is neither the SEC nor the CFTC.”

Welcome to the Digital Assets Trading Commission (DATC)? Digital Assets Exchange Commission (DAEC)? 

As it relates to stablecoins, specifically, and regulatory infrastructure, McHenry said that existing regulators could handle it. Moreover, he seemed mildly optimistic about recent stablecoin proposals by the Biden administration as it related to his party’s emerging proposals (such as here and here).

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New Stablecoin Transparency Act Supports Innovation and Protections Say Lawmakers

D.C. blockchain policy discussion around stablecoins is heating up. Last week, two Republican legislators sought transparency, and investor and innovation protections in one fell swoop.

Senator Bill Hagerty (R., Tennessee) introduced a new bill called the Stablecoin Transparency Act (S.3970) in the U.S. Senate. According to the legislation, the intention is to “establish reporting requirements for issuers of fiat currency-backed stablecoins, and for other purposes.” Next stop will be the Senate Committee on Banking, Housing, and Urban Affairs.

Simultaneously in the U.S. House of Representatives, Congressman Trey Hollingsworth (R., IN) introduced “H.R.7328 – To establish reporting requirements for issuers of fiat currency-backed stablecoins, and for other purposes.” The bill has been referred to the House Financial Services for review.

In a release from Sen. Hagerty’s office and in concert with Rep. Hollingsworth, though transparency through regulation is clearly one purpose of the bill, a pro-crypto tone poked through, “This legislation aims to provide much-needed clarity without giving the keys away to unaccountable bureaucrats who threaten to choke off innovation.”

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