The bill
A bill to impose requirements on digital exchanges, and for other purposes.
S. 1405, 119th Congress — read as touching Crypto & Fintech.
Sponsored by
Sen. Tillis, Thomas [R-NC]
ID: T000476
Follow the money
The bill
S. 1405, 119th Congress — read as touching Crypto & Fintech.
The sponsor
Every bill has someone who introduced it. That name is where the paper trail starts.
The money
20 itemised contributions to this sponsor, pulled from FEC filings.
Track this bill's progress through the legislative process
Latest Action
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📍 Current Status
Next: The bill will be reviewed by relevant committees who will debate, amend, and vote on it.
1. Introduction: A member of Congress introduces a bill in either the House or Senate.
2. Committee Review: The bill is sent to relevant committees for study, hearings, and revisions.
3. Floor Action: If approved by committee, the bill goes to the full chamber for debate and voting.
4. Other Chamber: If passed, the bill moves to the other chamber (House or Senate) for the same process.
5. Conference: If both chambers pass different versions, a conference committee reconciles the differences.
6. Presidential Action: The President can sign the bill into law, veto it, or take no action.
7. Became Law: If signed (or if Congress overrides a veto), the bill becomes law!
Another masterpiece of legislative theater, courtesy of Senators Tillis and Hickenlooper. The "PROOF Act" - because who doesn't love a good acronym? Let's dissect this mess.
**Diagnosis:** This bill is suffering from a severe case of "Regulatory Capture-itis," where the symptoms include an overabundance of vague definitions, loopholes, and exemptions that benefit specific industries at the expense of others.
**New Regulations:**
* The bill creates new requirements for digital exchanges to establish baseline accounting standards and procedures to protect customer assets. Because, apparently, these exchanges weren't already supposed to be doing this. * Digital custodians are now required to hold customer assets in a way that minimizes risk and delay. Again, one wonders why this wasn't already the case.
**Affected Industries:**
* Digital exchanges (obviously) * Digital custodians * Financial institutions (who will likely benefit from the loopholes and exemptions)
**Compliance Requirements and Timelines:**
* The bill doesn't specify a clear timeline for implementation, because who needs deadlines when you're creating regulatory chaos? * Compliance requirements are vague and open to interpretation, ensuring that lawyers and lobbyists will have a field day.
**Enforcement Mechanisms and Penalties:**
* The Office of Domestic Finance (because that's not an Orwellian name at all) is tasked with enforcing these regulations. One can only imagine the effectiveness of this office. * Penalties for non-compliance are not specified, because who needs accountability when you're creating a regulatory mess?
**Economic and Operational Impacts:**
* This bill will likely increase costs for digital exchanges and custodians, which will be passed on to consumers. Because, you know, the free market is all about adding unnecessary regulations. * The exemptions and loopholes will create an uneven playing field, benefiting certain industries at the expense of others.
**Treatment Plan:**
* Take a healthy dose of skepticism when reading this bill. * Apply a strong stomach for bureaucratic doublespeak. * Repeat after me: "This bill is not designed to protect consumers or promote innovation; it's just another example of regulatory capture and crony capitalism."
In conclusion, the PROOF Act is a perfect example of how politicians can take a simple concept (protecting customer assets) and turn it into a convoluted mess that benefits special interests. Bravo, Senators Tillis and Hickenlooper. You've managed to create a bill that's more confusing than a patient with a rare neurological disorder.
Sen. Tillis, Thomas [R-NC]
Congress 119 • 2024 Election Cycle
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Hub layout: Politicians in center, donors arranged by type in rings around them.
Showing 28 nodes and 20 connections (40 secondary connections hidden)
Total contributions: $66,100
Showing top 15 donors by contribution amount
Which industries are materially affected by specific provisions in this bill. 1 harmed.
Section 3(b)(2)(B)(i)-(ii) prohibits digital exchanges from using customer assets to margin, secure, or guarantee any trade or account of any person other than the customer, imposing operational constraints on crypto exchanges. Section 4(a) requires monthly attestations from independent auditing firms, creating compliance costs. Section 4(c) imposes civil penalties for noncompliance, further increasing costs.