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S.2669

Is The Bill "Digital Asset Anti-Money Laundering Act of 2023" Crypto Friendly?

Description:

A bill to require the Financial Crimes Enforcement Network to issue guidance on digital assets, and for other purposes.

Date Introduced:

2023-07-27

Status:

Introduced and Sponsored

Stance on Crypto:

Very Anti-Crypto

Links:

  • https://www.congress.gov/bill/118th-congress/senate-bill/2669
  • https://www.govtrack.us/congress/bills/118/s2669

Primary Commentary:
Add Bill Commentary

"The legislation would classify certain industry participants, including individual miners and validators, as financial institutions subject to the Bank Secrecy Act compliance regime. Treating these entities commensurate with the largest banks, hedge funds, and money transmitters would weigh them down with unnecessary compliance, stifle innovation, hinder industry growth, and force activity offshore to jurisdictions with less adequate security and oversight. 

For example, digital asset validators and miners do not typically engage in activities that qualify them as financial institutions under the Financial Crimes Enforcement Network’s (FinCEN) definition. FinCEN’s regulations are designed to cover entities that engage in traditional financial activities, such as accepting deposits, issuing loans, or engaging in other types of lending or financial intermediation. Digital asset validators and miners are generally involved in the technical operation of blockchain networks and do not provide financial services to customers. Blockchains are the software rails on which transactions, financial and otherwise, operate–but we do not subject software providers of banking infrastructure to the same regulations as banks.  

Registering as a financial institution would impose significant compliance costs and hinder or preclude participation in the digital asset ecosystem. Covered entities may be forced to depart the U.S., resulting in a brain drain of talented developers and technical experts critical to continued digital asset ecosystem development. This is already occurring: in 2017 the U.S. led all other nations with a 40% share of global blockchain developer roles; that share has dwindled to 29% today and is projected to decrease by an average of 2% annually–and in an industry expanding at a torrid pace, meaning we are holding a diminishing share of a growing pie. 

Instead of requiring digital asset validators and miners to register as financial institutions, regulators should focus on developing a regulatory framework that is tailored to digital assets’ unique characteristics and balances the imperative for consumer protection with the benefits of innovation and growth. "

Chamber of Digital Commerce

https://digitalchamber.org/statement-on-digital-asset-aml-act/

Congress members who support this bill

Sponsors

Profile picture of Elizabeth Warren
Elizabeth Warren

Cosponsors

Democrats

Profile picture of Michael Bennet
Michael Bennet
Profile picture of Bob Casey Jr.
Bob Casey Jr.
Profile picture of Raphael Warnock
Raphael Warnock
Profile picture of Tina Smith
Tina Smith
Profile picture of Laphonza Butler
Laphonza Butler
Profile picture of Catherine Cortez Masto
Catherine Cortez Masto
Profile picture of Jeanne Shaheen
Jeanne Shaheen
Profile picture of Dick Durbin
Dick Durbin
Profile picture of Ben Ray Luján
Ben Ray Luján
Profile picture of Joe Manchin III
Joe Manchin III
Profile picture of Chris Van Hollen
Chris Van Hollen
Profile picture of Richard Blumenthal
Richard Blumenthal
Profile picture of John Fetterman
John Fetterman
Profile picture of Gary Peters
Gary Peters
Profile picture of Sheldon Whitehouse
Sheldon Whitehouse
Profile picture of John Hickenlooper
John Hickenlooper

Republicans

Profile picture of Lindsey Graham
Lindsey Graham

Independents

Profile picture of Angus King Jr.
Angus King Jr.

Additional Commentary

No additional commentary for this bill yet