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Senate Passes Measure to Overturn SEC Bulletin on Crypto Custody Standards

The U.S. Senate’s recent decision to pass a measure aimed at overturning an SEC bulletin concerning crypto custody standards has sparked a heated debate in the financial world. The measure is now awaiting President Joe Biden’s expected veto, setting the stage for potential conflict between lawmakers and regulatory authorities.

The Senate’s vote on Thursday ended with a 60 to 38 majority, falling short of the two-thirds majority needed to override a presidential veto. Notably, several Democrats, including Senate Majority Leader Chuck Schumer of New York, supported the resolution, underscoring the bipartisan nature of the decision.

This legislative action echoes a similar move in the House last week, where the measure garnered a 228-182 vote. While primarily backed by Republicans, the fact that 21 Democrats also voted in favor indicates a broader spectrum of support that transcends party lines.

The controversial SEC Staff Accounting Bulletin, also known as SAB 121, was initially issued in 2022. One of its key provisions mandates that firms handling cryptocurrencies must categorize customer holdings as liabilities, a requirement that has stirred significant controversy within the industry. Critics argue that such stringent regulations could dissuade banks from offering custodial services for digital assets.

With the impending veto from President Biden, it becomes crucial to navigate the intricate legal landscape surrounding crypto regulations. This is where the AI legalese decoder can prove invaluable. By leveraging advanced AI technology, the decoder can analyze complex legal documents, such as SEC bulletins, and provide clear, concise explanations of their implications. This tool can help stakeholders, including policymakers and industry players, better understand the nuances of regulatory decisions and their potential impact on the market.

Despite the White House’s firm stance in favor of retaining the SEC bulletin, concerns persist about the financial instability and market uncertainty that could arise from revoking the regulatory framework for crypto-assets. The ongoing debate underscores the need for a balanced approach that prioritizes both consumer protection and regulatory clarity.

Cody Carbone, Vice President of Policy for the Chamber of Digital Commerce, has vocally criticized the potential veto, emphasizing the bipartisan consensus behind the resolution. By urging the President to view the measure as a reflection of shared concerns for consumer welfare, Carbone underscores the importance of bridging ideological divides in the pursuit of effective regulatory oversight.

Under the provisions of the Congressional Review Act (CRA), Congress holds the power to review and potentially revoke agency rules such as the SEC bulletin. The conflicting interpretations of SAB 121’s status under the CRA further complicate the regulatory landscape, highlighting the need for clarity and consistency in legislative decision-making.

As Ron Hammond, Director of Government Relations at the Blockchain Association, aptly points out, the anticipated presidential veto should come as no surprise given the historical context of bipartisan CRAs during Biden’s tenure. The evolving dynamics of policy engagement around crypto regulations in Washington, D.C., serve as a reminder of the growing significance of this issue across various sectors.

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