President Biden Ready to Veto Bill Changing Crypto Custody Rules

As an experienced financial analyst, I strongly believe that the proposed H.J. Res. 109 to nullify SEC Staff Accounting Bulletin (SAB) No. 121 is a step in the wrong direction. The bulletin aims to protect investors and provide stability to the financial system by imposing stringent requirements on financial firms handling digital assets.


The White House has expressed firm disagreement with H.J. Res. 109, a bill intended to invalidate SEC Staff Accounting Bulletin (SAB) No. 121. SAB 121 imposes rigorous guidelines on financial institutions dealing with digital assets, and the proposed resolution aims to overturn these regulations.

As a researcher examining this situation, I’ve discovered that the White House holds the view that passing this resolution could lead to turmoil in the Securities and Exchange Commission’s capacity to safeguard investors’ interests and maintain financial system stability. If this resolution manages to advance to Vice President Joe Biden’s desk, he is prepared to exercise his veto power.

Congressional Support for Nullifying SAB 121

Leading members of Congress have advocated for H. J. Res. 109, highlighting concerns over the SEC’s regulatory framework. According to Patrick McHenry, the chair of the House Financial Services Committee, Securities and Exchange Commission (SEC) rule SAB 121 represents excessive regulation that imposes undue financial burdens on banks.

“Chairman McHenry speaks out in favor of bipartisan H.J.Res. 129, aimed at shielding consumers and nurturing innovation within the digital asset sector.” — Financial Services GOP (@FinancialCmte) May 8, 2024

The bulletin mandates that financial institutions bear expensive capital and liquidity expenses when dealing with digital assets, marking a shift from conventional banking procedures.

Congressman French Hill shared identical worries, asserting that setting aside funds against custody of assets goes against the standard practices in finance. In his opinion, the Biden administration’s methodology is deeply problematic, and he advocates for the passing of the resolution to repeal SAB 121.

It is uncommon in financial services for institutions to maintain reserves for every asset under their custody.

The Biden Administration’s SAB 121 is misguided and I appreciate @USRepMikeFlood’s initiative in leading a CRA resolution to reverse the SEC’s error.

— French Hill (@RepFrenchHill) May 8, 2024

Industry Perspective on Regulatory Restrictions

Advocacy organizations such as the Chamber of Digital Commerce share similar criticisms towards the administration’s policies regarding digital assets. The Chamber’s Chief Policy Officer, Cody Carbone, has vocalized his disapproval of the SEC’s SAB 121, arguing that it impedes respectable custodians from handling digital assets effectively.

In their op-ed piece, Representatives Mike Flood and Wiley Nickel expressed apprehensions over the SEC’s bulletin, which they believed might increase risk concentrations by restricting choices for custodians.

The ongoing debate over H.J. Res. 109 brings into focus the significant disparity between the Biden administration’s regulatory agendas and the crypto industry’s goals.

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2024-05-09 00:36