Hearings to examine bipartisan legislative frameworks for digital assets

Digital Assets and Bank RegulationSenate Banking, Housing, and Urban Affairs Subcommittee on Digital Assets · 2025-02-26 · 119th Congress
The newly created Senate Banking Subcommittee on Digital Assets held its inaugural hearing to examine bipartisan legislative frameworks for digital assets, focusing on stablecoin regulation (the GENIUS Act) and market structure legislation distinguishing securities from commodities. Begins at 0:15:50
Transcript
Highlights

Title

Bipartisan framework for stablecoin and digital asset market structure

Purpose

The newly created Senate Banking Subcommittee on Digital Assets held its inaugural hearing to examine bipartisan legislative frameworks for digital assets, focusing on stablecoin regulation (the GENIUS Act) and market structure legislation distinguishing securities from commodities. Four witnesses — attorney Lewis Cohen, Kraken's Jonathan Jachym, Lightspark's Jai Massari, and former CFTC Chair Tim Massad — testified on how Congress should regulate stablecoins, digital asset exchanges, and prevent illicit finance while fostering U.S. competitiveness. Begins at0:15:50

Who spoke

Chair Cynthia Lummis (R-WY)0:15:50: Opened the subcommittee's first hearing, said she hopes to pass both the Lummis-Gillibrand stablecoin bill (GENIUS Act) and market structure legislation this year0:17:28, and introduced the panel; later questioned Cohen on why most digital assets aren't securities0:49:41 and pressed on SEC's "embodies a scheme" legal theory1:17:10.

Sen. Ruben Gallego (D-AZ), Ranking Member0:20:52: Stressed balancing innovation with consumer protection and warned meme coins (Trump, Doge, Peanut) don't help communities access the financial system0:22:42; asked witnesses about international frameworks0:55:38 and quick resolution mechanisms for failed stablecoin issuers1:00:10.

Mr. Lewis Cohen, Cahill Gordon & Reindel0:25:31: Argued digital assets typically lack an identifiable issuer, so most cannot be securities0:27:26; explained the Howey-based "ancillary asset" framework in the Lummis-Gillibrand market structure bill0:29:07; said SEC's later "embodies a scheme" theory has been rejected by courts1:18:09; noted stablecoin demand helps offset declining Chinese holdings of U.S. Treasury debt1:55:08.

Mr. Jonathan Jachym, Kraken0:31:22: Said Kraken serves over 15 million customers with $40 billion in assets and executed $600 billion in transactions last year0:31:52; said roughly 90% of digital asset market activity flows through intermediaries like Kraken0:34:07; noted less than 10% of Kraken's 300+ listed assets are meme coins1:48:34.

Ms. Jai Massari, Lightspark0:37:10: Described stablecoins as "digital cash" requiring 1:1 backing with high-quality liquid assets and segregated reserves in bankruptcy0:39:45; recommended allowing diverse issuer types (banks and nonbanks) to compete0:40:47; said overly restrictive rules abroad (EU, UK) risk killing competition1:12:28.

Mr. Tim Massad, Harvard Kennedy School, former CFTC Chair0:44:05: Said the GENIUS Act is weaker than the McKinley-Waters proposal and than European rules0:45:22; identified five gaps — capital/reserve standards, bankruptcy resolution, illicit-finance rules, enforcement penalties, and issuer vetting0:45:22; urged passing stablecoin legislation first and deferring market structure for now0:48:09; called Trump's meme coin "brazen corruption"1:47:22.

Sen. Bill Hagerty (R-TN)1:02:09: Said lack of clear rules has stifled innovation and sent it offshore, and touted his sponsorship of stablecoin legislation with Lummis and Gillibrand1:03:08.

Sen. Tina Smith (D-MN)1:04:16: Questioned Massad on how GENIUS Act's Bank Secrecy Act obligations wouldn't follow stablecoins once transferred peer-to-peer1:05:29; noted the bill doesn't require character/fitness vetting of issuers, meaning someone like Sam Bankman-Fried could not legally be denied1:08:05; flagged the bill lacks Electronic Fund Transfer Act consumer protections1:10:07.

Sen. Thom Tillis (R-NC)1:10:42: Sought a "Goldilocks" light-touch regulatory approach1:10:42; cited a classified DEA briefing on crypto's use by criminal organizations to move money1:14:53; asked panelists which jurisdiction has found the "secret sauce" for both innovation and enforcement1:15:22.

Sen. Mark Warner (D-VA)1:20:52: Pressed witnesses on gaps in KYC monitoring during stablecoin transfers between self-hosted wallets1:21:40; acknowledged blockchain traceability is "unparalleled" for tracking financial crime1:26:41; cautioned against pure light-touch regulation given past need for federal bailouts (SVB)1:51:52.

Sen. Bernie Moreno (R-OH)1:29:05: Argued regulators shouldn't try to make markets "perfect," citing cars, airplanes, and the internet as historically disruptive innovations that weren't banned1:30:06; asked panelists to make the case for the "lightest touch possible" regulatory approach1:32:28.

Sen. Dave McCormick (R-PA)1:37:36: Asked how U.S. innovators are disadvantaged by faster-moving foreign regulatory regimes1:38:33 and how litigation threat curtails investment1:40:13; asked about stablecoins' role in dollar dominance1:41:18.

Sen. Chris Van Hollen (D-MD)1:42:30: Pressed Massad on GENIUS Act vetting gaps and bankruptcy-resolution timing for failed issuers1:43:02; asked whether President Trump's roughly $100 million meme coin creates a conflict of interest1:47:18.

Key moments

Massad identified five specific weaknesses in the GENIUS Act versus the McKinley-Waters proposal and European rules: reserve/capital standards, bankruptcy resolution, illicit-finance monitoring, enforcement penalties, and issuer vetting0:45:22.

Smith got Massad to confirm that under the GENIUS Act as written, someone with a history like Sam Bankman-Fried's could not legally be denied a stablecoin issuer license for lack of "character and fitness" review1:08:051:08:34.

Cohen explained the SEC's shifting legal theories against digital assets — first calling them "crypto asset securities," then arguing tokens "embody" a securities scheme — and said courts have rejected the embodiment theory1:17:43.

Massad called President Trump's meme coin "plainly wrong," "a blackeye for crypto," and "brazen corruption," expressing disappointment that more industry and congressional figures haven't spoken out1:47:22.

Massad noted Europe legally prohibits stablecoins from paying interest, a restriction he suggested the U.S. should weigh, and said Europe and Japan currently have stronger frameworks than the U.S. bills under consideration0:58:531:37:07.

Warner and Massari debated the KYC gap: Massari acknowledged the "gap is largest" in transfers between unhosted/self-custody wallets, though she argued this is still more traceable than "bags of cash"1:25:001:25:36.

Jachym stated roughly 90% of digital asset market activity runs through centralized intermediaries like Kraken, framing this as the basis for near-term market structure regulation0:34:071:26:10.

Cohen linked stablecoin growth to U.S. debt markets, noting Chinese holdings of Treasury debt have declined while stablecoin issuers have become significant Treasury buyers1:55:08.

Massad opposed the idea of a "light touch" regulatory approach outright, comparing it to how weaker countries try to pull business from stronger ones, citing the swaps-market precedent1:36:36.

Smith noted no version of the bill mentions the Electronic Fund Transfer Act or CFPB, which Massad confirmed leaves stablecoin holders' fraud/theft protections "very murky" compared to bank account holders1:09:161:10:07.

Metadata

CommitteeSenate Banking, Housing, and Urban Affairs Subcommittee on Digital Assets
Chamber / CongressSenate · 119th Congress
Date2025-02-26
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript277 caption blocks · 11,627 words · 1:56:47 runtime
EventCongress.gov 336652