December 23, 2024
This week decoded
With House and Senate last-minute passage of a Continuing Resolution (CR) to keep the government funded until March 2025, Congress adjourned for the remainder of the 118th Congress. The initial bipartisan CR agreement included blockchain-related provisions, such as the Deploying American Blockchains Act and the Promoting Resilient Supply Chains Act, which were ultimately stripped from final CR text.
Incoming-House Financial Services Committee Chair French Hill (R-AR) gave an interview in which he discussed digital assets priorities in further detail. In addition, he and current Chair Patrick McHenry (R-NC) sent a letter to prudential regulators on finalizing rulemakings in the last days of the Biden Administration and preserving documents and communications. Sen. Dick Durbin (D-IL) previewed upcoming legislation on Bitcoin ATMs. David Sacks, incoming-White House AI and Crypto Czar, made Congressional rounds.
New members have been added to committees with jurisdiction over digital assets. The Senate Banking Committee has added Bernie Moreno (R-OH) and Pete Ricketts (R-NE). House Financial Services has added Lisa McClain (R-MI), Maria Salazar (R-FL), Troy Downing (R-MT), Mike Haridopolos (R-FL), Tim Moore (R-NC), and Marlin Stutzman (R-IN). New members of House Energy and Commerce Committee include Cliff Bentz (R-OR), Erin Houchin (R-IN), Russell Fry (R-SC), Laurel Lee (R-FL), Nick Langworthy (R-NY), Tom Kean (R-NJ), Mike Rulli (R-OH), Gabe Evans (R-CO), Craig Goldman (R-TX), and Julie Fedorchak (R-ND).
The Trump Administration transition named top White House roles in emerging tech policy.
The IRS held a webinar on new and existing digital assets regulations, including upcoming digital assets-related tax rulemakings. Please feel free to ask me about these or other critical tax policy issues.
Read more below
Congress
Hearings and Meetings
- Last week
- The rescheduled Wednesday, December 18 Senate Banking Committee markup to consider the renomination of SEC commissioner Caroline Crenshaw for an additional 18-month term was cancelled.
- On December 18, the House Administration Committee held a hearing on Prohibiting Foreign Interference in Elections, in which cryptocurrencies were discussed as part of regulatory gaps on crowdfunding platforms and payment processors funding illicit finance.
- Upcoming
- The 119th Congress will convene on January 3, 2025.
Legislation
- Reps. Gabe Amo (D-RI) and Young Kim (R-CA) introduced a resolution recognizing the potential of distributed ledger technologies (DLT) such as blockchain to support democratic governance, human rights, freedom of information, transparency, and innovation around the world. (Press release)(Text)
- Rep. Bill Timmons (R-SC) introduced H.R. 10544, the New Frontiers in Technology (NFT) Act, which would specify the treatment of covered non-fungible tokens under the securities laws. (Text)
Correspondence
- House Financial Services Committee Chair Patrick McHenry (R-NC) and incoming-Chair French Hill (R-AR) sent letters to the Department of the Treasury (Treasury), the Department of Housing and Urban Development (HUD), the Securities and Exchange Commission (SEC), the Federal Reserve Board (Fed), the Federal Deposit Insurance Corporation (FDIC), the Consumer Financial Protection Bureau (CFPB), the Office of the Comptroller of the Currency (OCC), and the Federal Housing Finance Agency (FHFA) warning against finalizing partisan rulemakings prior to the Trump Administration entering office and requesting the agencies preserve all documents and communications. (Press release)(Treasury letter)
Biden – Harris Administration
Internal Revenue Service (IRS)
- The IRS held a webinar for tax practitioners on new and existing digital assets regulations, including taxable events, digital asset broker information reporting compliance, and Revenue Procedure 2024-28. Officials also discussed upcoming digital assets-related tax regulations.
Trump – Vance Transition
- The Trump Administration transition named Michael Kratsios as Director of the White House Office of Science and Technology Policy (OSTP) and Assistant to the President for Science and Technology; Dr. Lynne Parker as Executive Director of the Presidential Council of Advisors for Science and Technology (PCAST); Bo Hines as Executive Director of the new Presidential Council of Advisers for Digital Assets (which the Trump Administration also calls the Crypto Council), and Sriram Krishnan as Senior Policy Advisor for Artificial Intelligence at OSTP.
Noteworthy Quotes and Events
ADMINISTRATION
Federal Reserve
- Fed Chair Jerome Powell said of a proposal for a U.S. strategic bitcoin reserve, “We’re not allowed to own bitcoin. The Federal Reserve Act says what we can own and we’re not looking for a law change. That’s the kind of thing for Congress to consider, but we are not looking for a law change at the Fed.” (The Block)
CONGRESS
- Senate Majority Whip Dick Durbin (D-IL) delivered remarks on the Senate floor on his intention to introduce legislation next Congress to establish a federal antifraud baseline for Bitcoin ATMs, saying, “As I start to develop this bill, there are a few things that strike me as absolutely necessary. First, Bitcoin ATMs should have daily transaction limits, particularly for new customers. As these machines are increasingly used to perpetrate fraud, we should limit potential losses. Second, any transactions initiated by a new customer should be held for some reasonable period before they are processed. This will allow new customers to cancel their transactions—particularly if they learn they were the victim of fraud. Minnesota and Connecticut recently passed legislation requiring Bitcoin ATM operators to wait 72 hours before processing a new customer’s transaction. This seems like a good place to start. Third, Bitcoin ATM operators should be required to use analytics to screen for fraudulent or otherwise illicit transactions. Many Bitcoin ATM operators already employ this technology, and there is no reason it shouldn’t be used across the board. Fourth, Bitcoin ATMs should be required to provide transaction receipts that include transaction hashes. This will allow law enforcement to more easily trace the transaction, collect evidence of the crime, and, maybe even, recover the stolen funds. These are a few pillars that this legislation will include.” (Press release)
- In the press conference for the release of the House Task Force to Combat the Mexican Drug Cartels End of Congress Report, Rep. Dan Crenshaw (R-TX) said, “We can trace and seize crypto transactions, we can expand our intelligence collection capabilities, we can increase penalties on falsified manifests that conceal fentanyl precursors coming into our country.” (Transcript)
White House AI and Crypto Czar Nominee David Sacks
- Speaker Mike Johnson (R-LA) tweeted, “Great to sit down with some of my colleagues and DavidSacks, Trump’s AI & Crypto Czar. We discussed how Congress and the Administration can work together to jumpstart the AI and crypto industries. With certainty, not overregulation, we can ensure America leads both industries.”
- Senate Banking Ranking Member Tim Scott (R-SC) tweeted, “Crypto has the potential to democratize the financial world. I look forward to working with President Trump, David Sacks, and my colleagues in Congress to develop a regulatory framework for digital assets that encourages innovation here in the United States, not overseas.”
- Sen. Cynthia Lummis (R-WY) tweeted, “2025 will be the year for bitcoin & digital assets. With David Sacks as Crypto Czar, this will be the most pro-digital asset administration ever! I look forward to working closely with DavidSacks to pass comprehensive digital asset legislation & my strategic bitcoin reserve.”
- Sen. Rick Scott (R-FL) tweeted, “Enjoyed meeting with realDonaldTrump’s White House Al & Crypto Czar, DavidSacks. David is a business guy with the knowledge & expertise to create a framework that will protect free speech, end censorship & make America a leader in this space.”
- Rep. Claudia Tenney (R-NY) tweeted, “Honored to have met DavidSacks, the Trump administration’s AI and Crypto Czar. As a member of HouseScience, I look forward to ensuring America remains a leader in these critical industries.”
More Incoming-House Financial Services Chair French Hill (R-AR) In His Own Words
- Politico published an interview with Incoming-House Financial Services Chair French Hill (R-AR) in which he said,
- About crypto legislation: “A market structure bill for digital assets and dollar-backed stablecoin under federal law are both priorities. I think what’s nice now, but will be different from the 118th Congress, is … the Trump administration … and the fact that we have Senate participation and engagement led by [incoming Senate Banking Chair Tim] Scott and [incoming Senate Agriculture Chair John] Boozman. Those are big changes, which means that, yes, sure, you could end up with modestly some differences in theme — but I’m not focused on that. I’m focused on the big picture, which is that we laid that groundwork. They are, in my view, are going to be reintroduced in some form or fashion in this Congress. We can obtain a good outcome in this strategically important category of digital assets by working with the Senate and the Trump administration. And it may not, at the end of the day, be identical to the work we accomplished in the House.”
- Other digital assets actions: “Going through the [Operation] Choke Point documents that we’ve gotten in the 118th Congress and drawing some conclusions from that will be the early priority of our committee. But I can’t tell you where it fits on the schedule, because we want the staff to do the work.”
- On process: “You’ll have this legislative agenda that you’re going to see a parallel track, that there’s going to be some discrete changes in regulatory policy that complement that legislative work, or vice versa. … I think there’s a way to do some of both. Making a statutory change gives you permanence, gives you great defense from a litigation point of view, and certainty for people in a very complicated, longer time, that makes sense.” (PoliticoPro)
Miscellaneous
- Sen. Bill Hagerty (R-TN) tweeted, “Today, my Republican colleagues and I blocked Banking Democrats’ 11th-hour attempt to install an anti-crypto, climate activist at the SEC. Thank you to incoming Chairman SenatorTimScott BankingGOP for his efforts to block radical nominees from getting confirmed.”
- Hagerty also tweeted, “With President Trump in the White House and Republicans in control of Congress, the future is bright for the digital asset community.”
- Rep. Young Kim (R-CA) tweeted, “Amazing to speak to female leaders in the digital asset industry on how emerging technologies help entrepreneurs of all backgrounds achieve their dream. I’ll continue to fight for a regulatory framework that enables American innovation.”
What I’m Reading This Week
- 2025 DeFi Preview: Policy and Beyond, Rashan Colbert, dYdX
About Zero One Strategies
Zero One Strategies is a boutique government relations practice dedicated to navigating the complex landscape of U.S. federal policy in emerging technologies. As advancements in technology continue to outpace regulatory frameworks, Zero One Strategies aims to provide strategic guidance and bipartisan advocacy for innovators and businesses operating at the forefront of technological development.
The practice focuses on key areas such as artificial intelligence, blockchain, decentralized technologies, cybersecurity, data, and digital infrastructure, as well as the multiple policy issues impacting these sectors, including tax and financial services.
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