Before the Congressional recess, Sen. Tommy Tuberville (R-AL) questioned experts on digital currencies during a Senate Agriculture Committee hearing.
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NewsTranscript
00:00That is. So, well, on a serious note, Senator Booker, thank you for that sense of urgency.
00:06Thank you for being part of the bipartisan group in the last couple of years who we've
00:09been working so hard to move something forward. So thank you so much for doing that. And now
00:13we will turn to Senator Tuberville.
00:19For the rebuttal.
00:20For the fair rebuttal.
00:21We're not opposition. Thank you, Mr. Chairman, Lady Chairwoman. You know, as Senator Booker
00:31just said, digital assets are our future. And for us to lead on this entity, we've got
00:46to encourage innovation. And if we don't, we're not going to make it. The legislation
00:53has got to be there. And I think we all agree with that.
00:56So I've just got a few questions here about this. You know, we all know there's good actors
01:01and there are bad actors. If we don't get legislation, the bad actors are going to take
01:04over. And we've seen some of that.
01:07So, Mr. Chairman, thanks for being here today. A lot of my constituents use event contracts
01:15to hedge risk. Can you assure us that the CFTC's event contract rule will encourage
01:21innovation and not attempt to prohibit or limit event contracts?
01:26Senator, thanks for the question. In short, yes, I will ensure that we support innovation
01:31in any rule that we finalize in the future.
01:34Thank you. Two of your Democrat colleagues on the commission are being considered by
01:40the Senate for new roles. Should they recuse themselves from ongoing CFTC rulemaking as
01:46they go through this confirmation process?
01:48Senator, thanks for the question. It's an important question and certainly one that
01:53we have looked at very carefully since they've been considered for these new positions, respectively,
01:59at the FDIC and Treasury. And based on the legal analysis that we've done and the fact
02:04ultimately that they're going to other government agencies, they do not have to recuse themselves.
02:08But we are happy to
02:09Do you think this is a conflict of interest?
02:12Well, ultimately, recusal should be done in a situation where there is in fact a conflict.
02:17So it's most typically done if a public official is going to the private sector and you don't
02:21want that individual, while they're in their public office, to make decisions that would
02:26benefit a future employer. In this case, since both are going to another public agency, another
02:31government agency, we have not been able to identify any, quote, unquote, conflict of
02:36interest that would require recusal. But we're happy to look at the issue again and
02:40speak with your office, hear your concerns, and have a conversation about it.
02:44Thank you. You know, I've got a bipartisan bill with Senator Gillibrand to prohibit Chinese
02:49entities from acquiring U.S. digital asset, broker, dealer, custodian, or exchange. Do
02:55you think that's the sort of legislation we need?
02:58Senator, you know, it's often dismissed or forgotten that financial markets and the institutions
03:05that comprise financial markets, whether it's a broker, an exchange, a clearinghouse,
03:10are critical infrastructure. They're not necessarily critical infrastructure in the sense that
03:14we would think in terms of national security, but they really are. If we were attacked by
03:19an adversary and one of our core critical financial infrastructures was attacked through
03:24cyber and held up or stopped trading, this would have a huge impact on agriculture, on
03:31energy, and any number of things that impact our economy directly. So I appreciate the
03:36bill that you filed and understand what you're looking to accomplish. And I do think it's
03:41very important, given the nature of financial markets and what our adversaries are willing
03:46to do in making sure that we're preserving national interest and national security through
03:51financial infrastructure.
03:53Thank you. You know, I want your thoughts on how mine crypto assets should be taxed.
04:01Take Bitcoin, for instance. The IRS is all over people that are mining Bitcoin. If you
04:10grow corn, you don't pay tax on it until you sell it. But Bitcoin, if you mine it, even
04:18before you sell it, you have to pay taxes on it. Do you think that's fair?
04:23Senator—
04:24Have you thought about this?
04:26I actually, I have not thought about it until now. Principally speaking, and based on the
04:31way you articulate the analogy, you know, it doesn't sound fair or there's not a clear
04:35sort of analogous policy around it. But, you know, thinking through some of the issues
04:41around mining and the efforts that are required through, you know, energy and otherwise to
04:48mine tokens, you know, perhaps there's a policy reason that the IRS is looking at through
04:54their lens. But I'm happy to look at it more deeply and have a conversation with you. But
04:58I otherwise don't focus too much on the tax code.
05:01Well, please do. You know, if you buy stock, you don't pay tax on it until you sell it.
05:04Correct.
05:05If you buy gold, you don't pay tax on it until you sell it. But if you mine Bitcoin or any
05:10kind of crypto, you know, the IRS wants their money now, whether you're going to make or
05:14lose money at the end of the day. And I think if we're going to encourage people to get
05:19involved in crypto, we need to address this issue pretty quickly, because a lot of people
05:24are being really harassed by the IRS, and they shouldn't be. It should be like any other
05:29entity of where they have the opportunity to invest, and when they make profit, they
05:35pay tax on it that time. So I'd appreciate your thoughts on it, you know, when you can
05:41sit down and really think about it and talk to your people.
05:43I'd be happy to.
05:45Thank you, Mr. Chairman.
05:46Thank you very much. Senator Warnock.
05:51Thank you very much, Madam Chair, and thanks to you.