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Important US Crypto Amendment Falls One Vote Short Of Passing

August 11, 2021
in Australian Crypto News
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Republican Senator Richard Shelby has opposed a revised bipartisan amendment that would provide clarity for the mooted US$1 trillion infrastructure bill and exclude node validators, miners, protocol developers and more from the term “broker”.

On August 10, the Alabama lawyer filed an objection to a negotiated amendment between three Republicans – Pat Toomey, Cynthia Lummis and Rob Portman – and Democrats Mark Warner and Kyrsten Sinema after he tried to include his own amendment to the bill, an unrelated proposal that sought to increase military spending by adding US$50 billion in defence funding. 

Senators Called For a Unanimous Vote

The senators called for a unanimous vote to revise the crypto tax provisions to the infrastructure bill and thus protect certain key players in the crypto industry from being labelled as “brokers”. But the proposal failed after Shelby rejected the proposal. 

The Senator’s only words were “I object”, after which Democratic Senator Bernie Sanders objected to the Shelby motion, which resulted in Shelby objecting to the overall compromise.

“We’ll Be Back on This”

The objection didn’t go unnoticed by the amendment’s proponents, who shared their thoughts about the consequences of leaving the language of the bill as it is. “Who knows how much innovation we’re going to stifle?” said Toomey.

Senators Toomey and Lummis Hold Press Conference on Agreement to Fix Digital Asset Reporting Requirements in the Infrastructure Bill https://t.co/oqJLIIIQw7

— Senator Pat Toomey (@SenToomey) August 9, 2021

We’ll be back on this, because we’ll do a lot of damage. Who knows how much innovation we’re going to stifle? Who knows what kind of new apps never emerge? It’s hard to predict what kind of completely impossible mandate results in, but it’s not good, and it’s going to bring us back here trying to clean up a mess which we could have prevented.

Senator Pat Toomey

The bill has now gone from the Senate to the House, leaving transactions reporting requirements unchanged and – somehow – forcing miners, node operators and anyone who deals with digital assets transactions to report taxes to the IRS.

It’s Not Over – Ted Cruz Calls for Crypto Rule Drop

In a speech, Republican Senator Ted Cruz shared his thoughts about the current state of the crypto space in the US, summarising the consequences and harms of this new legislation for digital assets: “The regulation of cryptocurrency might be the ugliest legislation we have seen,” he said.

If we want to legislate on this, let’s actually do our jobs, be a deliberative body, hold hearings, listen to witnesses, understand the consequences, know what we’re doing. That would be the reasonable, rational thing to do. Don’t just put out a rule of massive taxes and regulations with no understanding of the consequences on jobs and real people that would be hurt.

Senator Ted Cruz

Fear That Innovation Will Be Pushed Offshore … to China

One fear shared by the crypto community and its giants like Brian Armstrong is that this legislation would not only harm crypto in the US and force exchanges to impose Orwellian surveillance mechanisms on customers, but it will also push innovation offshore – something Cruz fears as a consequence of creating a hostile environment for software and hardware developers.

My amendment is very simple. It doesn’t add anything new to this bill. It just strikes these provisions […] let’s not do this until we know what we’re talking about. Let’s be cautious. Let’s be reasonable. Let’s not be the number one economic developer for the Communist Party of China by sending cryptocurrencies overseas to our competitors because we’ve made it impossible for them to succeed here.

Senator Ted Cruz

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