House Votes to Erase SEC Crypto Policy While President Biden Vows Veto

The House of Representatives voted in favor of a resolution to oppose the SEC's crypto accounting policy, Staff Accounting Bulletin No. 121, as President Biden defends it.

While Gary Gensler has acknowledged the ease with which individuals can enter the market today, the SEC chair has argued the system can work better for investors. | Anna Moneymaker/Getty Images

Resolution Rejection and Industry Backlash

The U.S. House of Representatives voted Wednesday to approve a resolution rejecting Securities and Exchange Commission (SEC) cryptocurrency accounting guidance that the industry said has deterred banks from handling crypto customers, but President Joe Biden is already promising he'll veto the effort if it hits his desk.

The SEC's Staff Accounting Bulletin No. 121 – also known as SAB 121 – has been a focus of criticism from digital assets businesses and Republican lawmakers since its arrival. The bulletin was meant to clarify accounting treatment for crypto assets, directing a bank holding customer's digital tokens should do so on its own balance sheet, potentially incurring massive capital expenses. But the policy guidance has since been found in one government review to have been handled badly, though the agency and Chair Gary Gensler have defended it.

Industry Impact and Congressional Response

"Gary Gensler, in his jihad against digital assets, used what is supposed to be mundane staff accounting guidance to essentially freeze out large publicly traded banks from taking custody of digital assets," said Rep. Mike Flood (R-Neb.), the effort's sponsor, in a Wednesday interview with CoinDesk. And the SEC didn't consult with the banking regulators about it, Flood pointed out, arguing that Gensler "doesn't have any business in the banking world."

The White House considers the policy worth defending with a veto, according to a statement from Biden.

White House Stand and Congressional Decision

"SAB 121 was issued in response to demonstrated technological, legal, and regulatory risks that have caused substantial losses to consumers," Biden said in a Wednesday statement, saying he "strongly opposes" disrupting the SEC's work on this.

Despite that, the House vote went strongly in favor of the resolution – including support from 21 Democrats who weren't moved by Biden's threat.