Senate Keeps GENIUS Act Stablecoin Legislation Alive, Boosting Crypto Market Confidence

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Crypto scores a victory as GENIUS Act stablecoin legislation stays alive in Senate

Senate Advances Stablecoin Regulation Bill

A significant step forward was achieved on Monday night as the Senate successfully navigated a key procedural vote on a bill intended to regulate stablecoins. This legislation, championed by the cryptocurrency sector, may see its final approval as early as this week. However, it still faces challenges from certain Democratic senators, most notably Elizabeth Warren, who expressed her concerns during the Senate debate. Warren criticized the bill for allowing potential profits from stablecoins to benefit former President Trump and his family, while also asserting that it lacks adequate safeguards for the financial system’s stability. Despite this opposition, several Democrats, including Kirsten Gillibrand from New York and Angela Alsobrooks from Maryland, managed to rally enough support to push the bill forward, overcoming the dissent led by Warren. Notable Democratic supporters of the procedural vote included Senators Mark Warner from Virginia and Ruben Gallego from Arizona.

Understanding Stablecoins and Their Regulation

Stablecoins are a unique category of cryptocurrencies that are often pegged to stable assets like the US dollar. Unlike traditional bank deposits, these digital currencies do not benefit from deposit insurance. The proposed legislation aims to prevent stablecoin accounts from offering interest to depositors, a move that aligns with the interests of banking lobbyists. The Trump family is already involved in the stablecoin sector through World Liberty Financial, a crypto startup that recently announced plans to launch its own US-dollar-pegged stablecoin in collaboration with BitGo. This stablecoin was later chosen as the payment method for a substantial $2 billion investment from the Abu Dhabi investment firm MGX into Binance.

Industry Concerns and Legislative Debate

Some dissent among Democrats regarding the bill has diminished, with many arguing that the Trump family’s association with cryptocurrency should not hinder the establishment of stablecoin regulations. Industry insiders have pointed out that without the proposed regulatory framework, there is a risk of repeating the catastrophic events of 2022 when the unregulated algorithmic stablecoin Terra Luna collapsed, resulting in a staggering loss of $60 billion within a mere 72 hours, significantly impacting American consumers. The Senate is set to engage in discussions about the stablecoin bill and will allow for amendments to be proposed. Following this, a vote will be held on those amendments, and a minimum of 60 votes will be required to advance toward a final vote on the legislation.

Key Provisions of the Stablecoin Legislation

The legislation that progressed in the Senate mandates stringent reserve requirements for stablecoin issuers, compelling them to maintain one-to-one reserves in cash and cash equivalents. Additionally, it prohibits the use of unbacked, algorithmic stablecoins and requires issuers to conduct monthly public disclosures of their reserves. For those with total issuances exceeding $50 billion, annual audited financial statements and disclosures of related-party transactions to regulators will be necessary. The bill also incorporates a broad savings clause ensuring that existing federal consumer protection laws remain applicable, including those enforced by the Consumer Financial Protection Bureau and the Federal Trade Commission.

Addressing Global Issuers and Compliance Standards

Furthermore, the legislation addresses a loophole that could have permitted offshore stablecoin issuers to market their products on US-regulated exchanges without proper authorization. It grants the Treasury Secretary the authority to remove non-compliant foreign issuers from the market. Foreign stablecoin issuers operating in the US will be subject to the same regulations as domestic issuers. A notable example is Tether, a foreign issuer that would need to either comply with the legislation entirely or establish a compliant subsidiary within the US. The bill also enforces bank-like standards regarding anti-money laundering, sanctions compliance, and mandates under the Bank Secrecy Act.

Implications for Big Tech and Market Dynamics

Moreover, the bill places restrictions on major technology companies, such as Meta and Amazon, preventing them from issuing stablecoins unless they adhere to stringent criteria related to financial risks, consumer data privacy, and ethical business practices. According to Senator Bill Hagerty, the legislation could lead to a significant uptick in demand for US Treasuries, potentially positioning them as the largest holders of Treasuries by 2030 when considering all current US dollar-denominated stablecoins, which presently rank as the 14th largest sovereign holder. Critics among the Democratic ranks have raised concerns that the bill still permits foreign-issued stablecoins, such as Tether, to exploit multiple pathways to access US markets while bypassing essential regulatory standards. They argue that if the bill is enacted as it stands, consumers may end up with fewer protections when using stablecoins compared to traditional financial services like Venmo or bank accounts.