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Senate Draft Progresses for Stablecoin Legislation: Insights into the Proposed Regulations

Democrats propose amendments to the GENIUS Act, potentially bringing it to a fresh vote on the floor soon.

Democrats promote fresh GENIUS Act draft as incorporating substantial compromises, potentially...
Democrats promote fresh GENIUS Act draft as incorporating substantial compromises, potentially leading to a new chamber vote in the nearby future.

The Lowdown on the Revamped GENIUS Act: Dems Score Big

The Great Senate Showdown: Dead or Defiant?

Senate Draft Progresses for Stablecoin Legislation: Insights into the Proposed Regulations

While the GENIUS Act's fate seemed grim, it's clear now that it's risen like a phoenix on Thursday, with pro-crypto Democrats touting significant concessions from their Republican counterparts in the bill's revised draft. A promising vote could take place as early as next week!

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Decrypt has taken a sneak peek at this exceptional arrangement between the two parties and reviewed the draft of the Genius Act. The updated draft includes provisions on national security, ethics, Big Tech, and foreign factors—although their effectiveness remains suspect.

The Unavoidable Trump Factor

The bill's most contentious topic? Good old Donald Trump, his family's crypto firm, World Liberty Financial, and their $2 billion UAE deal involving a homegrown stablecoin. Democrats insist that le Trumps' stablecoin mustn't see the light while our current president is still in office.

The draft features new language maintaining the exemption of the president and vice president from a rule banning senior executive branch officials from flinging their very own stablecoins. However, it does expand to forbid other special government employees like Elon and White House AI and crypto czar, David Sacks, from offering such tokens.

What's a Stablecoin, You Ask?

Stablecoins are a breed of cryptocurrency, usually pegged to the mighty greenback, that enable users to engage in digital asset trades without sinking boatloads of dollars directly. They're also excellent for sending remittances or payments abroad, and with the GENIUS Act's passing, traditional banking giants are expected to clamor in, potentially investing billions, if not trillions, into crypto.

Strutting the Runway: Big Tech's Entrance

The Apple-branded card, Meta's forthcoming tokens, and Amazon's crypto loot bag have been a hot talking point during the bill's tussle. The draft now contains text explicitly addressing the beast that is Big Tech, yet it's still a question whether or not they'll be suitably Chihuahua-ed.

According to the updated draft, Big Tech movers and shakers (aka, "public companies that aren't obsessed with finances") can offload their stablecoins so long as a Stablecoin Certification Review Committee deems the venture won't mangle the U.S. banking game, and they don't target customers or sell data naughtily. But Big Tech firms can still run wild with data as they wish, as long as customers give their consent in the Terms of Service.

The glass half-empty approach

Sure, stablecoins could send the American financial system spiraling into chaos if they de-peg from their U.S. dollar valuation and implode. However, the GENIUS Act's latest draft doesn't take a strong stance on the subject, proposing instead for regulators to investigate the fallout if the worst-case scenario were to transpire.

That's not all, Folks!

A significant hiccup in the bill's previous iterations centered around foreign issuers such as Tether, headquartered in El Salvador, and their dubious ties to evading sanctions and laundering. The new GENIUS Act now includes language to address these issues—though it's ultimately up to the U.S. Treasury Secretary to decide whether foreign nations meet the sniff test.

It remains to be seen whether the GENIUS Act gathers the support of key Democrats before it's up for a vote. However, the fact that new draft text is circulating suggests pro-crypto Dems have amassed a potent arsenal of concessions to push for a new round of voting.

Crypto wonks are firmly biting their nails in anticipation, hoping the Democrats' ability to coax him swell concessions from the Republicans doesn't prove to be too good to be true. As one industry titan told Decrypt, "This text reads so well that I can't help but think I'm missing something."

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Source: Daily Debrief Newsletter // Decrypt

Key Insights:

  1. Pro-crypto Democrats have achieved several concessions from Republican counterparts in the latest draft of the GENIUS Act, focusing mainly on regulatory thresholds, state versus federal oversight, and supervisory provisions. These changes aim to strike a balance between market integrity, consumer protection, and innovation potential.
  2. Smaller stablecoin issuers will enjoy regulatory leeway at the state level, whereas larger issuers may face federal oversight under a flexible regulatory framework. This approach should protect consumers and national security while preserving room for industry growth.
  3. The GENIUS Act addresses Big Tech's entry into the stablecoin market, but it's still unclear whether the bill will set stringent enough parameters to prevent their misuse of stablecoin transaction data for invasive targeting or customer tracking.
  4. It remains uncertain whether the GENIUS Act will garner the support of key Democratic members before a vote. Close collaboration between both parties is essential to passing common-sense regulations for the evolving crypto space.
  5. The revised GENIUS Act includes significant concessions from Republican counterparts, focusing on regulatory thresholds, state versus federal oversight, and supervisory provisions, to strike a balance between market integrity, consumer protection, and innovation potential.
  6. Smaller stablecoin issuers will be regulated at the state level, while larger issuers may face federal oversight under the flexible regulatory framework established by the GENIUS Act.
  7. The GENIUS Act addresses Big Tech's entry into the stablecoin market, but it remains unclear whether the bill will set stringent enough parameters to prevent their misuse of stablecoin transaction data for invasive targeting or customer tracking.
  8. The ongoing debate about the GENIUS Act's effectiveness and necessity is a reflection of the broader policy-and-legislation and politics surrounding the crypto industry within the finance and business sector.
  9. The passing of the GENIUS Act could potentially attract traditional banking giants to invest billions or even trillions into the crypto industry, due to stablecoins' advantages in digital asset trades and international remittances.
  10. While the latest draft of the GENIUS Act doesn't take a strong stance on the potential risks of stablecoins de-pegging from their U.S. dollar valuation, it does propose for regulators to investigate the potential fallout if such a scenario were to occur.

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