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  • 3 days ago
During Wednesday’s Senate Banking Committee hearing, Sen. Cynthia Lummis (R-WY) questioned Fed Chair Jerome Powell about the digital asset industry.

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00:00Senator Lummis. Thank you, Mr. Chairman, and thanks, Chairman Powell, for being here today.
00:07As you know, what always vexes me and has for the last four and a half years about the Federal
00:14Reserve is the bank supervision function as opposed to the monetary policy function.
00:19So I'm going to focus on bank supervision. First of all, I do want to thank you and Vice Chair
00:26Mickey Bowman for ensuring reputation risk has been removed from the bank supervision process.
00:35It was very arbitrarily used by those who were supervising. On January 27th, 2023,
00:48I'd call it the high watermark for Operation Chokepoint 2.0. The Federal Reserve Board,
00:54in coordination with President Biden's White House, executed a coordinated attack to isolate the
01:01digital asset industry from the banking system. And while the Fed has taken steps to adopt a more
01:10balanced approach to digital assets, which I appreciate, the legacy of January 27th, 2023,
01:17remains with us today. So I'd like you to look at this quote. It says, issuing tokens on open,
01:26public, and or decentralized networks or similar systems is highly likely to be inconsistent with
01:35safe and sound banking practices. So my first question is, do you recognize this quote?
01:42Yes. Not super clearly, but yes, I do. Because it's from the Federal Reserve Board's policy statement
01:53on Section 913 of the Federal Reserve Act, which is formally adopted by the board on January 27th,
02:0123. So now, Chairman Powell, I want to show you another statement. And I'm sorry if you can't see it
02:09clearly. I'll read it to you. It's from the Genius Act, which just passed the Senate by a vote of 68 to 30
02:17last week. And it takes the opposite position to the board's policy statement on issuing stable coins
02:24on an open, public, distributed ledger. So my question is, what has changed about the risk
02:34of stable coins since the board adopted its policy in 2023? And now that the Congress has weighed in,
02:46at least the Senate has weighed in and sent the Genius Act to the House, does the board plan to
02:52withdraw the policy statement on Section 913?
02:56So I think what has changed is, if you go back, that's a couple years ago, that was the period of
03:03high profile failures and fraud and that kind of thing. And what's happened is, I think, you know,
03:11the industry is maturing, our understanding of it is improving. And in a sense, it's becoming much
03:17more mainstream. So all of us are revisiting, you know, the things that were done during that era.
03:24And, you know, I think the current view is that, you know, that it's appropriate for,
03:31it's always been appropriate for banks to choose their customers and to be able to undertake activities
03:35as long as they're safe and sound. In terms of, I think, I have to get back to you on 913. I think
03:41it's a broader thing that has nothing to do with crypto, but that was a piece of it. We are
03:49looking at and withdrawing many of our pieces of crypto guidance from that era, though, as you know.
03:55And I appreciate that. I hope that by withdrawing the guidance, that you're also
04:04instructing and admonishing your bank's supervisors to, when there, when there are
04:15efforts to regulate banks that provide too much discretion to bank regulators to pick winners
04:27and losers from among the customer lists, the loan portfolios of banks.
04:32It's antithetical to the American system of banking. And I do think that there was that kind of
04:47discretion unleashed on banks. And it had a negative impact, a real chilling impact on banks as they
04:57selected and banked certain industries, and then debanked other industries and other people during the last four years.
05:09So taking the guidance documents and policy statements out is important, but also guiding the people
05:22that there are changes now and that they can no longer use their own subjective biases towards DEI and ESG
05:35and other things in supervising the banks is also a critical component of bank regulation.
05:45I agree completely. And as you know, Vice Chair Bowman is actually a former bank supervisor. So she's
05:54very well placed to, you know, make that happen.
05:58And I realize that she, as Vice Chair, is more directly involved in bank supervision.
06:06I hope that you will use your row to punctuate the importance of those changes within the bank
06:16supervision function at the Fed. We're going to have to move on.
06:19Thank you. I'm assuming your answer is yes. Senator Smith.

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