Senate Passes Massive Cryptocurrency Bill, Ignoring Risk To Financial System

18 Dems give GOP an assist to put GENIUS Act over the line
LONDON, ENGLAND - JANUARY 09: In this photo illustration, a visual representation of the digital Cryptocurrency, Bitcoin is seen on January 09, 2024 in London, England. Bitcoin investors are expecting the U.S. Securi... LONDON, ENGLAND - JANUARY 09: In this photo illustration, a visual representation of the digital Cryptocurrency, Bitcoin is seen on January 09, 2024 in London, England. Bitcoin investors are expecting the U.S. Securities And Exchange Commission (SEC) to issue a decision soon on whether to grant Bitcoin "exchange-traded fund" (ETF) approval, which would allow people to invest in Bitcoin without having to buy it on a crypto exchange like Coinbase or Binance. The price of Bitcoin has risen in anticipation of such approval. (Photo illustration by Dan Kitwood/Getty Images) MORE LESS
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The Senate gave its stamp of approval on Wednesday to a massive and growing chunk of the cryptocurrency industry, blessing it with a light-touch regulatory regime that, experts say, may come with a price tag: the stability of the country’s financial system. It’s the most significant victory yet for the crypto lobby, which enjoys near-unanimous support in the Republican Party as well as significant backing from many Democrats.

This bill passed with 68 votes in support, 30 against. Eighteen Democrats joined nearly all Republicans in supporting the bill.

The bill opens the door for a notoriously risky form of cryptocurrency known as stablecoins to enter the rest of the mainstream financial system.

Unlike other forms of crypto, which can generate massive speculative gains or gutting losses through wild fluctuations in price, stablecoins are pegged to the value of a government-backed currency, typically the dollar. Crypto advocates argue that they serve as the backbone for the crypto economy, giving users a stable, crypto-based form of payment with which to buy other forms of digital currency or, if the extended crypto universe really takes off, real-world items and services.

Thanks to the Senate passage of the GENIUS Act, it may. Among other things, the bill allows bank subsidiaries and big tech companies to issue their own stablecoins, a fact that, experts told TPM, could usher in a reality that hearkens back to the 19th century, when banks issued their own, alternative notes at different valuations. X, Amazon, Facebook; all of these companies and more could soon issue their own stablecoins, allowing (or forcing, depending on your standpoint) customers to transact in a currency controlled by the company itself.

The U.S. government’s embrace of stablecoins could provide a long-sought, non-speculative use case for cryptocurrency. But experts have warned that, in doing so, it could wreak havoc on the financial system.

Stablecoins maintain their, well, stability through backing assets. If you buy one dollar worth of stablecoin, the company that issues it may put that dollar in a bank somewhere, or use it to purchase a yield-generating asset like a treasury bond. Riskier stablecoin firms may make other, more exotic decisions about how to keep the coin stable.

The result is that stablecoin issuers may end up acting somewhat like banks, investing what stablecoin users think of as deposits in various ways. Problems may arise in the event of a crisis: stablecoin users could attempt to redeem their coins for dollars en masse, causing a run. That could then spark a mass withdrawal of the backing assets, rapidly depressing the treasury market or destabilizing banks that hold the cash that backs various coins.

There’s no deposit insurance for stablecoins, or other forms of regulation that apply to banks and keep them stable. This has prompted concern among many experts, including several figures who were in government through the 2008 financial crash.

Barry Eichengreen, an economics professor at UC-Berkeley, warned in an op-ed for the New York Times on Tuesday that the law risked bringing the country back to the wild west days of American banking, where chaos in the system saw constant collapses and bank runs.

“The arrow of history points away from the private provision of multiple kinds of money. Virtually all economies, and not just that of the United States, have moved to create a more uniform, reliable payment system suitable for a deeply interconnected economy,” Eichengreen wrote. “Fracturing the payment system would only undermine that economy.”

The vast majority of Republicans supported the bill, along with a significant group of Democrats split off to vote for its passage. Sen. Kirsten Gillibrand (D-NY), the bill’s first Democrat co-sponsor, led that group, and was accompanied by Sens. Ruben Gallego (D-AZ), Angela Alsobrooks (D-MD), and Mark Warner (D-VA) in the last month of negotiations over the bill.

Also voting yes were Democrats Cory Booker (D-NJ), Catherine Cortez Masto (D-NV), John Fetterman (D-PA), Maggie Hassan (D-NH), Martin Heinrich (D-NM), John Hickenlooper (D-CO), Andy Kim (D-NJ), Ben Ray Luján (D-NM), Jon Ossoff (D-GA), Alex Padilla (D-CA), Jacky Rosen (D-NV), Adam Schiff (D-CA), Elissa Slotkin (D-MI) and Raphael Warnock (D-GA).

Two Republican senators — Josh Hawley (R-MO) and Rand Paul (R-KY) — also voted against the bill. Hawley warned the bill was a giveaway to big tech; Paul suggested to reporters earlier this year that he didn’t see the need to regulate crypto at all.

The GENIUS Act will give an added veneer of legitamacy to President Trump’s own forays into cryptocurrency; he has his own stablecoin, USD1. Recent reporting suggests that it’s off to a rocky start; the exchange on which its traded, Binance, shook off SEC scrutiny after listing the coin.

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  1. Avatar for dmcg dmcg says:

    The vast majority of Republicans supported the bill, along with a significant group of Democrats split off to vote for its passage. Sen. Kirsten Gillibrand (D-NY), the bill’s first Democrat co-sponsor, led that group, and was accompanied by Sens. Ruben Gallego (D-AZ), Angela Alsobrooks (D-MD), and Mark Warner (D-VA) in the last month of negotiations over the bill.

    C.R.E.A.M.

  2. Avatar for jrw jrw says:

    Class, give me the reasons why we need crypto? Anyone?

  3. Sabotage and chaos: we welcome our new overlords.

    And no Democrat should support anything that comes of this Republican administration even if, particularly if, they find something agreeable in the proposal: nothing good can come from corruption and attempts to place guardrails on it are pointless in a regime where breaking the law is rewarded rather than punished. Kirsten Gillibrand (D-NY), Ruben Gallego (D-AZ), Angela Alsobrooks (D-MD), and Mark Warner (D-VA) are fools and that is giving them the benefit of the doubt.

    Catch 22: they can do anything to you that you cannot stop them from doing (and they damned well are).

    ETA: didn’t mean to neglect the rest of the Democrats in the fools list: Cory Booker (D-NJ), Catherine Cortez Masto (D-NV), John Fetterman (D-PA), Maggie Hassan (D-NH), Martin Heinrich (D-NM), John Hickenlooper (D-CO), Andy Kim (D-NJ), Ben Ray Luján (D-NM), Jon Ossoff (D-GA), Alex Padilla (D-CA), Jacky Rosen (D-NV), Adam Schiff (D-CA), Elissa Slotkin (D-MI) and Raphael Warnock (D-GA).

    Some solid folks there even if they do still seem unable to wrap their heads around how far the Republicans have gone down the rabbit hole and how little can be gained by working with them rather than resisting.

  4. Beat me to it. Lot easier to move than pallets full of hundies.

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