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H.R.4766

Is The Bill "Clarity for Payment Stablecoins Act of 2023" Crypto Friendly?

Description:

This bill, titled the "Clarity for Payment Stablecoins Act of 2023," establishes a comprehensive federal and state regulatory framework for payment stablecoin issuers. It defines stablecoins, mandates 1:1 backing with liquid assets, requires regular audits and disclosures, and outlines licensing processes for both bank and non-bank entities. Crucially, it clarifies that compliant payment stablecoins are explicitly not securities under existing law and places a two-year moratorium on new "endogenously collateralized stablecoins."

Date Introduced:

2023-07-20

Status:

Introduced and Sponsored

Stance on Crypto:

Very Pro-Crypto

Links:

  • https://www.congress.gov/bill/118th-congress/house-bill/4766
  • https://www.govtrack.us/congress/bills/118/hr4766

Primary Commentary:
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This bill is a significant victory for regulatory clarity in the crypto industry, particularly for stablecoins. Its title, "Clarity for Payment Stablecoins Act," directly aligns with the primary need for "rules of the road" that the industry consistently calls for. The most impactful provision is the explicit amendment of securities laws to state that regulated payment stablecoins are not securities. This directly counters the SEC's current stance, removing a major impediment to stablecoin development and adoption and providing essential legal certainty.

The framework itself, allowing both traditional financial institutions and non-bank entities to become permitted stablecoin issuers, fosters innovation while ensuring robust oversight. While requiring 1:1 asset backing, regular audits, and compliance measures are standard financial regulations, these strengthen the trustworthiness and long-term viability of stablecoins, which I believe are a net positive for humanity. The temporary moratorium on new endogenously collateralized stablecoins, while restrictive for a specific type of innovation, aims to protect consumers from the kind of systemic risks that plagued the industry, thereby safeguarding the reputation of legitimate stablecoins. Overall, this bill is a strong positive step towards a clear, supportive regulatory environment for stablecoins.

Congress members who support this bill

Sponsors

Profile picture of Patrick McHenry
Patrick McHenry

Additional Commentary

No additional commentary for this bill yet