The chairman of the House Financial Services Committee, Representative Patrick McHenry, recently engaged in a heated discussion with fellow Republicans over President Biden’s veto of a resolution that targets the Securities and Exchange Commission’s Staff Accounting Bulletin No. 121 (SAB 121), which deals with banks’ custody of digital assets.

McHenry emphasized that both chambers of Congress had approved the resolution with bipartisan support, indicating a desire among lawmakers to update US digital asset laws.

Bipartisan Support for H.J. Res. 109

A strong bipartisan position was demonstrated by the earlier passing of the resolution, known as H.J. Res. 109, which was accompanied by the enactment of the Financial Innovation and Technology (FIT) for the 21st Century Act.

With substantial support from both parties, including 71 members from the President’s own party, this Act, which calls for the repeal of SAB 121, also seeks to reform the digital asset market.

In his address, McHenry attacked the present administration for bolstering what he considered to be an overabundance of bureaucratic control at the expense of the general welfare.

He emphasized the resolution’s critical importance in forming future U.S. regulations pertaining to digital assets and asked his colleagues to vote to overturn the veto.

The discussion demonstrated the strong bipartisanship of the legislative process, with McHenry portraying the override as a turning point in US digital policy.

Representative Mike Flood also voiced his displeasure with Gary Gensler’s leadership in the SEC’s implementation of SAB 121. Flood suggested that other organizations, like the Federal Reserve and the Treasury Department, should take up such duties and accused the SEC of going beyond its regulatory authority.

“The SEC was caught with its hand in the cookie jar,” he contended. They have clearly overreached themselves, going against what is in the best interests of investors. SAB 121 is just a stupid rule; it is not a political matter.”

Criticism of the SEC’s Overreach

Flood’s comments joined the chorus of disapproval of the SEC’s moves, which he and others feel tax banks needlessly, restrict customer options for asset custody, and change accepted industry standards without a good reason.

This viewpoint emphasizes the general discontent with the SEC’s strategy and frames the problem as one of political-neutral regulatory overreach.

H.J. Res. 109’s legislative path and the discussion around it are prime examples of the noteworthy bipartisan efforts that have characterized recent finance legislative activity.

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The larger ramifications for the legal system regulating digital assets became clear as McHenry mobilized support for overturning the president’s veto. The continuous conversations highlight the intricate relationships between governance, innovation, and legislation in the developing digital asset market.

This background creates the conditions for a possible veto override by Congress, which may significantly alter the regulatory environment governing digital assets.

It is in line with the more general objectives of technological innovation and financial innovation as envisioned by recent legislative initiatives.

The opposition to SAB 121 is bipartisan, which highlights the opportunities and subtle challenges that lie ahead for regulating and promoting the rise of digital assets in the United States as the discussion continues.

Pedro Augusto

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Pedro Augusto is a financial writer and editor fluent in Portuguese and English, specializing in finance, economics, and investments. He holds degrees in Mechanical Engineering and Financial Management. Pedro is a financial analyst for stocks, ETFs, and macroeconomics on Seeking Alpha, a seasoned translator in the Forex market for companies like OctaFX and FBS, and experienced in localizing content for the currency exchange and international remittances market, notably for the Remitly startup. Additionally, he's a skilled writer and translator in the cryptocurrency and blockchain sector, working with firms like Phemex and Coinpanda.

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