H.R. 3633, Reported in Senate with an amendment in the nature of a substitute (Calendar No. 423) (Part 5 of 5)

Bitcoin Research — Law, Regulation, Markets & Origins (2026)

Fincen Wallet Rule

5

2026-06-01

Document text

Research, not advice. Part of the Bitcoin research archive (October 2026). Claims labelled unverified, contested or fringe are reported, not endorsed; statuses of bills and rules are as of the date checked. Government, court and patent records are public domain; the research notes are CC BY 4.0.

elements, if any, that those agencies could publish or
                adopt to support the interoperability described in
                subparagraph (C) in order to ensure consistency and
                regulatory access;
            (2) recommends pilot programs, guidance, rule changes, or
        amendments to statutes that would be needed to implement
        effective automated regulatory compliance approaches and any
        other related approaches addressed in the study;
            (3) identifies the costs and benefits to issuers of
        different sizes, secondary market intermediaries, regulators,
        investors, and other applicable parties, including differential
        impacts on smaller entities and options to reduce those
        burdens;
            (4) benchmarks international efforts with respect to
        automated regulatory compliance mechanisms and consults with
        any appropriate State, Federal, or foreign regulators; and
            (5) evaluates whether existing (as of the day before the
        date of enactment of this Act) oversight, enforcement, and
        liability frameworks are sufficient to--
                    (A) ensure accountability, transparency, fairness,
                and consumer protection; and
                    (B) prevent misuse of distributed ledger-based
                compliance tools.
    (c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall make
publicly available a report that includes the results of the study
conducted under subsection (b).

SEC. 504. REPORT ON LEGISLATIVE RECOMMENDATIONS.

    (a) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Banking, Housing, and Urban
                Affairs of the Senate;
                    (B) the Committee on Agriculture, Nutrition, and
                Forestry of the Senate;
                    (C) the Committee on Financial Services of the
                House of Representatives; and
                    (D) the Committee on Agriculture of the House of
                Representatives.
            (2) Federal financial regulator.--The term ``Federal
        financial regulator'' means--
                    (A) the Board of Governors of the Federal Reserve
                System;
                    (B) the Commodity Futures Trading Commission;
                    (C) the Department of the Treasury;
                    (D) the Federal Deposit Insurance Corporation;
                    (E) the Federal Housing Finance Agency;
                    (F) the National Credit Union Administration;
                    (G) the Office of the Comptroller of the Currency;
                    (H) the Bureau of Consumer Financial Protection;
                and
                    (I) the Commission.
    (b) Requirement.--Not later than 1 year after the date of enactment
of this Act, and every 3 years thereafter for a total of not fewer than
12 years after the date of enactment of this Act, each Federal
financial regulator shall submit to the appropriate committees of
Congress a report that includes--
            (1) a description of the implementation of this Act and the
        amendments made by this Act (including the adoption of rules
        and guidance, and the approval or rejection of applications
        submitted, under this Act and the amendments made by this Act),
        where applicable to the Federal financial regulator; and
            (2) any legislative recommendations for the further
        effective implementation of this Act and the amendments made by
        this Act.

SEC. 505. TOKENIZATION OF SECURITIES.

    (a) Definitions.--In this section:
            (1) Tokenization.--The term ``tokenization'' means the
        process of creating a digital representation of all rights,
        obligations, or interests in a tangible or intangible asset on
        a distributed ledger or comparable technology.
            (2) Tokenized.--The term ``tokenized'', with respect to an
        asset, means that the asset has undergone tokenization.
    (b) Sense of Congress.--It is the sense of Congress that States
should promptly consider and adopt commercial law frameworks under the
Uniform Commercial Code that provide clear and uniform rules for the
ownership, control, and enforceability of rights relating to digital
assets.
    (c) Study.--Not later than 360 days after the date of enactment of
this Act, the Commission shall conduct a comprehensive study of the
regulatory treatment of tokenized securities, including custody
standards, interagency coordination, cross-border coordination, and
consumer protection.
    (d) Parity in Regulatory Treatment.--
            (1) In general.--Subject to paragraph (2), a tokenized
        security shall be treated, for all regulatory purposes, as the
        security that the tokenized security represents, except as
        otherwise provided by--
                    (A) section 106(a); or
                    (B) a rule, regulation, or order issued by the
                Commission.
            (2) Requirement.--A rule, regulation, or order described in
        paragraph (1)(B) may only be issued by the Commission to adapt
        the manner in which the applicable regulatory requirements are
        satisfied, to the extent necessary or appropriate--
                    (A) in light of the unique technological or other
                characteristics of digital assets or substantially
                similar technology; and
                    (B) consistent with--
                            (i) what is necessary or appropriate in the
                        public interest; and
                            (ii) protecting investors, maintaining
                        fair, orderly, and efficient markets, and
                        facilitating capital formation.
    (e) Prohibition on Misrepresentation.--Any statement or omission
with respect to any material fact that is made by a person in
connection with the offer, sale, or other representation regarding a
tokenized security shall be subject to the securities laws, including
applicable anti-fraud or anti-manipulation provisions under the
securities laws.
    (f) Agency Action for Tokenized Securities.--
            (1) In general.--The Commission may issue rules governing
        tokenized securities pursuant to the requirements of this
        section.
            (2) Requirements.--Rules issued under this subsection may
        address, consistent with sections 106 and 107, how requirements
        applicable to an underlying security apply to custody, books
        and records, reconciliation with transfer agents or other
        recordkeepers, auditability, settlement finality, treatment of
        chain reorganizations, and other operational risks arising from
        the use of distributed ledger technology or comparable
        technology.
    (g) Rule of Construction Regarding Enforcement.--Nothing in this
section may be construed to prevent the Commission from enforcing the
anti-fraud and anti-manipulation provisions of the securities laws, and
the rules issued under the securities laws, with respect to tokenized
securities, provided that the elements of those provisions are
satisfied.
    (h) Savings Clauses.--
            (1) Tokenized security.--Any asset that is a security under
        the securities laws shall not cease to be a security solely
        because the asset is issued, recorded, represented, or
        transferred using distributed ledger technology or comparable
        technology.
            (2) Effect on state law.--Nothing in this section may be
        construed, interpreted, or applied in a manner that preempts,
        supersedes, invalidates, or otherwise affects any State
        property transfer rules, laws, regulations, or common law
        principles relating to the transfer or recording of real
        tangible or intangible assets or interests therein.
            (3) Rulemakings, orders, and other actions.--
        Notwithstanding any other provision of this section, section
        106 shall apply to any rulemaking, order, or other action of
        the Commission under this section.
            (4) No limit of ability to offer or sell.--Nothing in this
        section, or any rule, regulation, or order promulgated under
        this section, may be construed to limit the ability of any
        person to offer or sell any tokenized security, consistent with
        the securities laws.

SEC. 506. VOLUNTARY ADOPTION OF NATIONAL INSTITUTE OF STANDARDS AND
              TECHNOLOGY POST-QUANTUM CRYPTOGRAPHY STANDARDS.

    (a) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                    (A) the Committee on Banking, Housing, and Urban
                Affairs of the Senate;
                    (B) the Committee on Agriculture, Nutrition, and
                Forestry of the Senate;
                    (C) the Committee on Commerce, Science, and
                Transportation of the Senate;
                    (D) the Committee on Financial Services of the
                House of Representatives;
                    (E) the Committee on Agriculture of the House of
                Representatives; and
                    (F) the Committee on Energy and Commerce of the
                House of Representatives.
            (2) Director.--The term ``Director'' means the Under
        Secretary of Commerce for Standards and Technology.
    (b) Findings.--Congress finds the following:
            (1) Technical standards with respect to digital assets
        ensure quality, interoperability, and reliability in products,
        processes, and services and facilitate innovation.
            (2) The digital asset ecosystem should harness standards to
        solve coordination problems and foster innovation, not through
        regulation, but through voluntary, market-driven measures.
            (3) Advances in quantum computing threaten existing (as of
        the day before the date of enactment of this Act) cryptographic
        standards and the security of digital assets.
    (c) Voluntary Adoption.--The Director, in consultation with the
Secretary of Homeland Security and the heads of sector risk management
agencies, as appropriate, shall promote the voluntary adoption and
deployment of post-quantum cryptography standards, including by--
            (1) disseminating and making publicly available guidance
        and resources to help organizations adopt and deploy those
        standards;
            (2) providing technical assistance, as practicable, to
        entities that are at high risk of quantum cryptography analytic
        attacks, such as entities determined to be critical
        infrastructure or digital infrastructure providers; and
            (3) conducting such other activities determined necessary
        by the Director to promote the adoption and deployment of those
        standards across the United States.
    (d) Industry Consultation.--In implementing subsection (c), the
Director shall, at a minimum--
            (1) solicit regular input from a broad range of industry
        stakeholders regarding the feasibility and practical challenges
        of adopting the standards described in that subsection;
            (2) facilitate ongoing dialogue between the National
        Institute of Standards and Technology and industry participants
        to identify, assess, and address barriers to the adoption of
        the standards described in that subsection;
            (3) not later than 2 years after the date of enactment of
        this Act, and biennially thereafter until 2035, submit to the
        appropriate congressional committees a report on the
        implementation of that subsection, including stakeholder
        engagement with respect to those actions and continued
        challenges in adopting the standards described in that
        subsection; and
            (4) not later than 5 years after the date of enactment of
        this Act, make available to the public a report on stakeholder
        engagement and lessons learned in implementing that subsection.

SEC. 507. INTERNATIONAL COORDINATION TO COMBAT DIGITAL ASSET ILLICIT
              FINANCE.

    (a) Definition.--In this section, the term ``Strategy'' means the
National Strategy to Combat International Digital Asset Illicit Finance
submitted under subsection (d).
    (b) Interagency Initiative.--The Secretary of the Treasury, in
coordination with the Secretary of State, the Attorney General, the
Secretary of Homeland Security, and the heads of such other Federal
departments and agencies as the President may designate, shall lead an
interagency initiative to strengthen international cooperation to
prevent the misuse of digital assets for illicit finance, sanctions
evasion, terrorist financing, or other national-security threats.
    (c) Objectives.--The initiative established under subsection (b)
shall--
            (1) engage foreign counterparts, including finance
        ministries, central banks, and financial intelligence units, to
        promote anti-money-laundering, sanctions evasion, and counter-
        terrorist financing standards applicable to digital asset
        activities, consistent with United States standards and the
        framework established under the Strategy;
            (2) encourage the adoption and enforcement of effective
        regulatory and supervisory frameworks for digital asset service
        providers to ensure transparency and prevent illicit use;
            (3) identify and prioritize jurisdictions of concern that
        present significant risk of facilitating illicit digital asset
        activity and develop coordinated diplomatic, economic, and law
        enforcement strategies to address those risks;
            (4) support technical assistance and capacity-building
        programs for partner jurisdictions to enhance anti-money
        laundering, sanctions evasion, and counter-terrorist financing
        supervision, enforcement, and information sharing relating to
        digital assets; and
            (5) report annually to Congress on progress made toward the
        objectives described in paragraphs (1) through (4), including a
        list of cooperative and non-cooperative jurisdictions and any
        recommendations for additional actions or sanctions.
    (d) National Strategy to Combat International Digital Asset Illicit
Finance.--Not later than 270 days after the date of enactment of this
Act, the Secretary of the Treasury, in coordination with the Secretary
of State, the Attorney General, and the Director of National
Intelligence, shall submit to the Committee on Banking, Housing, and
Urban Affairs, the Committee on Foreign Relations, and the Committee on
Homeland Security and Governmental Affairs of the Senate, and the
Committee on Financial Services, the Committee on Foreign Affairs, and
the Committee on Homeland Security of the House of Representatives a
National Strategy to Combat International Digital Asset Illicit
Finance, which shall--
            (1) assess global vulnerabilities with respect to the
        digital assets framework set out in the Strategy;
            (2) set measurable goals and timelines for multilateral
        engagement with respect to digital assets;
            (3) recommend resource and staffing requirements for
        Treasury attaches, financial intelligence liaisons, and other
        personnel necessary to implement the Strategy; and
            (4) identify standards for combating money laundering,
        sanctions evasion, and terrorist financing with respect to
        digital asset activities applicable to foreign jurisdictions,
        which shall be informed by United States law, regulation, and
        supervisory standards, including standards relating to--
                    (A) anti-money laundering and countering the
                financing of terrorism laws and regulations that
                identify, prioritize, and mitigate illicit finance
                threats, including preventive measures for financial
                institutions and other entities covered by those laws
                and regulations, including measures relating to
                customer due diligence, recordkeeping, internal
                controls, and the reporting of suspicious transactions;
                    (B) money laundering offenses, asset seizure, and
                confiscation to recover proceeds of crime;
                    (C) terrorist financing and proliferation-financing
                offenses and related targeted financial sanctions; and
                    (D) regulation, supervision, and enforcement by
                competent authorities, including financial
                intelligence, law enforcement, and sanctions measures.

SEC. 508. ANNUAL REPORT ON FOREIGN DIGITAL ASSET TRADING VOLUME,
              COMPLIANCE WITH UNITED STATES STANDARDS AND REMEDIATION
              ACTIONS.

    (a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter for a period of 4 years, the
Secretary of the Treasury shall submit to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives a report that--
            (1) lists the top 20 foreign jurisdictions by volume of
        digital asset trading activity on foreign digital asset service
        providers during the calendar year immediately preceding the
        year of the report;
            (2) assesses the degree to which each foreign jurisdiction
        listed under paragraph (1) has implemented anti-money
        laundering, sanctions evasion, and counter-terrorist financing
        laws, regulations, or standards applicable to digital asset
        activities consistent with the standards and framework
        identified under the National Strategy to Combat International
        Digital Asset Illicit Finance submitted under section 507; and
            (3) identifies foreign jurisdictions with--
                    (A) material deficiencies in the implementation or
                enforcement of the standards described in paragraph
                (2); and
                    (B) trading volumes that present systemic illicit
                finance risk to the United States.
    (b) Form.--Each report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex, as
appropriate.
    (c) Remediation and Engagement Report.--For each foreign
jurisdiction identified pursuant to subsection (a)(3), the Secretary of
the Treasury shall include in the applicable report--
            (1) a description of bilateral diplomatic, regulatory, or
        law enforcement engagements undertaken during the calendar year
        immediately preceding the year in which the report is submitted
        to remedy the deficiencies of the foreign jurisdiction;
            (2) a summary of actions taken by the United States
        individually, or in conjunction with any applicable
        international body, to identify high-risk or non-cooperative
        jurisdictions with respect to digital asset illicit finance,
        including public statements identifying those jurisdictions and
        measures to support their remediation;
            (3) any commitments obtained from the foreign jurisdiction
        to address identified deficiencies, including timeliness and
        benchmarks; and
            (4) an assessment of progress made toward full
        implementation of the standards identified under the National
        Strategy to Combat International Digital Asset Illicit Finance
        submitted under section 507.

SEC. 509. AI INNOVATION LABS.

    (a) Definitions.--
            (1) AI test project.--The term ``AI test project'' means a
        financial product, service, or activity--
                    (A) that makes substantial use of artificial
                intelligence;
                    (B) that is, or may be, subject to a Federal
                regulation or Federal statute; and
                    (C) for which a regulated entity submits an
                application for the waiver or modification of an
                applicable regulation subject to an alternative
                compliance strategy.
            (2) Appropriate financial regulatory agency.--The term
        ``appropriate financial regulatory agency'' means--
                    (A) the appropriate Federal banking agency, as
                defined in section 3 of the Federal Deposit Insurance
                Act (12 U.S.C. 1813), with respect to an institution
                described in subsection (q) of that section;
                    (B) the Bureau of Consumer Financial Protection,
                with respect to a covered person, as defined in section
                1002 of the Consumer Financial Protection Act of 2010
                (12 U.S.C. 5481), that does not have an appropriate
                financial regulatory agency under subparagraph (A),
                (C), or (D) of this paragraph;
                    (C) the National Credit Union Administration, with
                respect to an insured credit union, as defined in
                section 101 of the Federal Credit Union Act (12 U.S.C.
                1752); and
                    (D) the Federal Housing Finance Agency, with
                respect to--
                            (i) a Federal Home Loan Bank;
                            (ii) the Federal Home Loan Bank System;
                            (iii) the Federal National Mortgage
                        Association; and
                            (iv) the Federal Home Loan Mortgage
                        Corporation.
            (3) Artificial intelligence; ai.--The terms ``artificial
        intelligence'' and ``AI'' have the meaning given the term
        ``artificial intelligence'' in section 5002 of the National
        Artificial Intelligence Initiative Act of 2020 (15 U.S.C.
        9401).
            (4) Financial product or service.--The term ``financial
        product or service''--
                    (A) has the meaning given the term in section 1002
                of the Consumer Financial Protection Act of 2010 (12
                U.S.C. 5481);
                    (B) includes--
                            (i) activities that are financial in
                        nature, as defined in section 4(k)(4) of the
                        Bank Holding Company Act of 1956 (12 U.S.C.
                        1843(k)(4)); and
                            (ii) any financial product or service
                        provided by a person regulated by the
                        Commission, as defined in section 1002 of the
                        Consumer Financial Protection Act of 2010 (12
                        U.S.C. 5481); and
                    (C) does not include the business of insurance.
            (5) Financial regulatory agency.--The term ``financial
        regulatory agency'' means--
                    (A) the Board of Governors of the Federal Reserve
                System;
                    (B) the Federal Deposit Insurance Corporation;
                    (C) the Office of the Comptroller of the Currency;
                    (D) the Bureau of Consumer Financial Protection;
                    (E) the National Credit Union Administration; and
                    (F) the Federal Housing Finance Agency.
            (6) Regulated entity.--The term ``regulated entity'' means
        an entity regulated by any financial regulatory agency.
    (b) Use of Artificial Intelligence by Regulated Financial
Entities.--
            (1) AI innovation labs.--
                    (A) Establishment.--Each financial regulatory
                agency shall establish, or identify an office,
                division, or department of the agency that shall serve
                as, an AI Innovation Lab to enable regulated entities
                to experiment with AI test projects without unnecessary
                or unduly burdensome regulation or expectation of
                enforcement actions, pursuant to the approval of an
                application under subparagraph (B).
                    (B) Applications.--
                            (i) Submission.--
                                    (I) In general.--On and after the
                                date that is 1 year after the date of
                                enactment of this Act, a regulated
                                entity may submit to the appropriate
                                financial regulatory agency an
                                application, on a form determined by
                                the appropriate financial regulatory
                                agency, to engage in an AI test project
                                through the AI Innovation Lab
                                established or identified under
                                subparagraph (A).
                                    (II) Contents.--An application
                                submitted under subclause (I) shall
                                include--
                                            (aa) a description of the
                                        AI test project proposed to be
                                        carried out by the regulated
                                        entity;
                                            (bb) an alternative
                                        compliance strategy that--

                                                    (AA) identifies a
                                                regulation issued by
                                                the appropriate
                                                financial regulatory
                                                agency that the
                                                regulated entity
                                                requests be waived or
                                                modified; and

                                                    (BB) proposes an
                                                alternative method for
                                                the regulated entity to
                                                comply with the
                                                regulation, including
                                                an explanation as to
                                                why the alternative
                                                method is essential to
                                                the operation of the
                                                entity and how the
                                                regulated entity would
                                                effectively manage
                                                risks associated with
                                                the AI test project;

                                            (cc) an explanation of how
                                        under the strategy described in
                                        item (aa), the AI test
                                        project--

                                                    (AA) would serve
                                                the public interest,
                                                improve consumer or
                                                investor access to a
                                                financial product or
                                                service, or promote
                                                consumer or investor
                                                protection;

                                                    (BB) would enhance
                                                efficiency or
                                                operations, foster
                                                innovation or
                                                competitiveness,
                                                improve risk management
                                                and security, or
                                                enhance regulatory
                                                compliance;

                                                    (CC) would not
                                                present a systemic risk
                                                to the financial system
                                                of the United States;

                                                    (DD) is consistent
                                                with the purposes of
                                                the anti-money
                                                laundering and
                                                countering the
                                                financing of terrorism
                                                obligations under
                                                subchapter II of
                                                chapter 53 of title 31,
                                                United States Code; and

                                                    (EE) would not
                                                present a national
                                                security risk to the
                                                United States;

                                            (dd) a proposed date on
                                        which the AI test project would
                                        terminate and an explanation as
                                        to why such termination date
                                        would be appropriate;
                                            (ee) proposed limitations
                                        on the size, scope, and growth
                                        of the AI test project;
                                            (ff) a detailed business
                                        plan; and
                                            (gg) an estimate of the
                                        economic impact of the AI test
                                        project if approved.
                                    (III) Joint applications.--Two or
                                more regulated entities may submit a
                                joint application to the same financial
                                regulatory agency under subclause (I).
                                    (IV) Regulations of other
                                agencies.--
                                            (aa) In general.--A
                                        regulated entity may submit an
                                        application under this
                                        subparagraph that includes an
                                        alternative compliance strategy
                                        for a regulation issued or
                                        enforced by a financial
                                        regulatory agency that is not
                                        the appropriate financial
                                        regulatory agency for the
                                        regulated entity.
                                            (bb) Requirements.--An
                                        application described in item
                                        (aa) shall be subject to the
                                        same requirements as an
                                        application described in
                                        subclause (II), except that--

                                                    (AA) the regulated
                                                entity shall submit the
                                                application to the
                                                appropriate financial
                                                regulatory agency and
                                                the financial
                                                regulatory agency that
                                                issued or enforces the
                                                regulation that is the
                                                subject of the
                                                alternative compliance
                                                strategy; and

                                                    (BB) the AI test
                                                project may not take
                                                effect unless the
                                                appropriate financial
                                                regulatory agency and
                                                any other financial
                                                regulatory agency that
                                                issued or enforces the
                                                regulation that is the
                                                subject of the
                                                alternative compliance
                                                strategy jointly
                                                approve the application
                                                using the process
                                                described in clause
                                                (ii).

                                    (V) Notice.--A regulated entity
                                that is regulated or supervised by more
                                than 1 financial regulatory agency
                                shall provide notice of any application
                                submitted to the appropriate financial
                                regulatory agency under this section to
                                each financial regulatory agency by
                                which it is regulated or supervised not
                                later than 5 business days after the
                                entity submits the application to the
                                appropriate financial regulatory
                                agency.
                            (ii) Agency review.--
                                    (I) In general.--Except as provided
                                in subclause (IV), not later than 120
                                days after the date on which an
                                application is submitted to the
                                appropriate financial regulatory agency
                                under clause (i), the appropriate
                                financial regulatory agency shall--
                                            (aa) review the
                                        application; and
                                            (bb) submit to the
                                        applicant in writing a
                                        determination of the agency.
                                    (II) Approval.--
                                            (aa) In general.--If the
                                        applicant shows that it is more
                                        likely than not that the
                                        application meets the
                                        requirements for establishing
                                        an alternative compliance
                                        strategy and satisfies the
                                        standards described in items
                                        (bb) and (cc) of clause
                                        (i)(II), the agency shall
                                        approve the application and
                                        notify the applicant in writing
                                        of--

                                                    (AA) the regulation
                                                that is the subject of
                                                the alternative
                                                compliance strategy;

                                                    (BB) the terms of
                                                the alternative
                                                compliance strategy for
                                                the AI test project;

                                                    (CC) the date on
                                                which the AI test
                                                project will terminate;

                                                    (DD) any
                                                limitations on the
                                                size, scope, or growth
                                                of the AI test project;
                                                and

                                                    (EE) any additional
                                                limitations or
                                                conditions on the AI
                                                test project, as
                                                determined by the
                                                appropriate financial
                                                regulatory agency.

                                            (bb) Effect of approval.--
                                        With respect to an AI test
                                        project, except as provided in
                                        item (cc), beginning on the
                                        date on which an application
                                        submitted under clause (i) is
                                        approved and ending on the date
                                        described in item (aa)(CC)--

                                                    (AA) the
                                                appropriate financial
                                                regulatory agency may
                                                enforce a regulation
                                                described in item
                                                (aa)(AA) only in the
                                                manner set out in the
                                                alternative compliance
                                                strategy described in
                                                item (aa)(BB); and

                                                    (BB) except as
                                                provided in subclause
                                                (III), a financial
                                                regulatory agency that
                                                is not the appropriate
                                                financial regulatory
                                                agency may not enforce
                                                a regulation described
                                                in item (aa)(AA).

                                            (cc) Enforcement by another
                                        financial regulatory agency.--
                                        With respect to an AI test
                                        project, a financial regulatory
                                        agency other than the
                                        appropriate financial
                                        regulatory agency that approves
                                        an application under clause
                                        (i)(IV) may enforce a
                                        regulation described in item
                                        (aa)(AA) if the alternative
                                        compliance strategy described
                                        in item (aa)(BB) provides for
                                        enforcement by such financial
                                        regulatory agency.
                                            (dd) Rule of
                                        construction.--Nothing in this
                                        clause may be construed to
                                        limit the authority of a
                                        financial regulatory agency to
                                        take an enforcement action
                                        against a regulated entity with
                                        respect to fraud or market
                                        manipulation or for engaging in
                                        an unsafe or unsound practice
                                        relating to an AI test project.
                                    (III) Denial.--
                                            (aa) In general.--If an
                                        agency denies an application
                                        submitted under clause (i), the
                                        agency--

                                                    (AA) shall submit
                                                to the applicant a
                                                written notice
                                                explaining the reason
                                                for denial; and

                                                    (BB) may not take
                                                an enforcement action
                                                related to the proposed
                                                AI test project against
                                                the applicant earlier
                                                than the date that is
                                                30 days after the date
                                                on which the agency
                                                submits the written
                                                notice described in
                                                subitem (AA).

                                            (bb) Resubmittals.--Each
                                        time an application submitted
                                        under clause (i) is denied, the
                                        regulated entity--

                                                    (AA) may submit an
                                                amended application
                                                after receiving
                                                feedback from the
                                                agency making such
                                                denial; and

                                                    (BB) may not
                                                resubmit more than 2
                                                applications that are
                                                substantially similar
                                                to the denied
                                                application.

                                            (cc) Injunctive relief.--
                                        Notwithstanding item (aa)(BB),
                                        a financial regulatory agency,
                                        by and through its own
                                        attorneys, may file a civil
                                        action in an appropriate United
                                        States district court to enjoin
                                        an active AI test project if
                                        the agency determines that the
                                        AI test project presents an
                                        immediate danger to consumers
                                        or investors or presents a
                                        risk--

                                                    (AA) to financial
                                                markets;

                                                    (BB) in the case of
                                                an AI test project
                                                engaged in by an
                                                insured depository
                                                institution or an
                                                insured credit union,
                                                of loss to a Federal
                                                deposit or share
                                                insurance fund;

                                                    (CC) of a violation
                                                of anti-money
                                                laundering and
                                                countering the
                                                financing of terrorism
                                                obligations under
                                                subchapter II of
                                                chapter 53 of title 31,
                                                United States Code; or

                                                    (DD) to the
                                                national security of
                                                the United States.

                                    (IV) Extension.--If the financial
                                regulatory agency needs additional
                                time, the agency may extend the
                                approval deadline by 120 days. After
                                the expiration of the 120-day extension
                                period, if the agency has not made a
                                determination on the application, the
                                application will automatically be
                                deemed approved and effective.
                                    (V) Additional information.--Not
                                later than the initial or extended
                                approval deadline, as applicable, a
                                financial regulatory agency may request
                                additional information from the
                                applicant.
                            (iii) Data security.--All data supplied by
                        sponsors of AI test projects to a financial
                        regulatory agency submitted under this section
                        shall be stored and maintained in a secure
                        manner by the financial regulatory agency,
                        consistent with applicable data security
                        standards.
                            (iv) Regulations.--Not later than 180 days
                        after the date of enactment of this Act, each
                        financial regulatory agency shall promulgate
                        regulations that--
                                    (I) shall be published in the
                                Federal Register and provide a 60-day
                                period for public notice and comment;
                                    (II) include--
                                            (aa) procedures for
                                        modifying the AI test projects
                                        that are approved by the
                                        agency;
                                            (bb) consequences for
                                        failure to comply with the
                                        terms of an alternative
                                        compliance strategy;
                                            (cc) a requirement that an
                                        AI test project will terminate
                                        not earlier than 1 year after
                                        the AI test project is
                                        approved;
                                            (dd) procedures to extend
                                        the termination date described
                                        in item (cc);
                                            (ee) procedures for
                                        confidentiality; and
                                            (ff) procedures for
                                        coordinating decisions relating
                                        to applications submitted
                                        jointly by multiple regulated
                                        entities or applications
                                        submitted to more than one
                                        financial regulatory agency.
            (2) Report.--Not later than 2 years after the date of
        enactment of this Act, and each year for 7 years thereafter,
        each financial regulatory agency shall submit to the Committee
        on Banking, Housing, and Urban Affairs of the Senate and the
        Committee on Financial Services of the House of Representatives
        an annual report on the outcomes of AI test projects. A report
        under this subsection may not include the names of
        participating entities or any proprietary or confidential
        business information. A report under this subsection shall
        include aggregated findings, trends, and lessons learned from
        the AI test projects.
            (3) Rule of construction.--Nothing in this section may be
        construed to limit the authority of a financial regulatory
        agency to take an enforcement action against a regulated entity
        with respect to fraud or market manipulation relating to an AI
        test project.

    TITLE VI--PROTECTING SOFTWARE DEVELOPERS AND SOFTWARE INNOVATION

SEC. 601. PROTECTING SOFTWARE DEVELOPERS.

    (a) Amendment to the Securities Act of 1933.--The Securities Act of
1933 (15 U.S.C. 77a et seq.) is amended by inserting after section 27B
(15 U.S.C. 77z-2a) the following:

``SEC. 27C. APPLICATION TO SOFTWARE DEVELOPERS.

    ``(a) Distributed Ledger System Defined.--In this section, the term
`distributed ledger system' has the meaning given the term in section 2
of the Digital Asset Market Clarity Act.
    ``(b) Application to Software Developers.--Notwithstanding any
other provision of this Act, a person shall not be subject to this Act
and the regulations promulgated under this Act solely based on the
person engaging in any of the following activities, whether singly or
in combination, in relation to the operation of a distributed ledger
system or any component thereof:
            ``(1) Compiling network transactions or relaying,
        searching, sequencing, validating, or acting in a similar
        capacity.
            ``(2) Providing computational work, operating a node or
        oracle service, or procuring, offering, or utilizing network
        bandwidth, or providing other similar incidental services.''.
    (b) Amendment to the Securities Exchange Act of 1934.--The
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by
inserting after section 15G (15 U.S.C. 78o-11) the following:

``SEC. 15H. APPLICATION TO SOFTWARE DEVELOPERS.

    ``(a) Definitions.--In this section:
            ``(1) Constitute.--The term `constitute' means to compile,
        assemble, integrate, or otherwise combine software components
        into a complete software system.
            ``(2) Decentralized finance trading protocol.--
                    ``(A) In general.--The term `decentralized finance
                trading protocol' means a distributed ledger system
                through which multiple participants can execute a
                financial transaction--
                            ``(i) in accordance with an automated rule
                        or algorithm that is predetermined and non-
                        discretionary; and
                            ``(ii) without reliance on a person other
                        than the user to maintain custody or control of
                        the digital assets subject to the financial
                        transaction.
                    ``(B) Exclusions.--
                            ``(i) In general.--The term `decentralized
                        finance trading protocol' does not include a
                        distributed ledger system if--
                                    ``(I) a person or group of persons
                                under common control or acting pursuant
                                to an agreement to act in concert has
                                the authority, directly or indirectly,
                                through any contract, arrangement,
                                understanding, relationship, or
                                otherwise, to control or materially
                                alter the functionality, operation, or
                                rules of consensus or agreement of the
                                distributed ledger system;
                                    ``(II) the distributed ledger
                                system does not operate, execute, and
                                enforce its operations and transactions
                                based solely on pre-established,
                                transparent rules encoded directly
                                within the source code of the
                                distributed ledger system; or
                                    ``(III) a person or group of
                                persons under common control has the
                                unilateral authority, via operation of
                                the distributed ledger system, to
                                restrict, censor, or prohibit the use
                                of the distributed ledger system,
                                including any applicable system-based
                                user activity.
                            ``(ii) Special rule.--For purposes of
                        clause (i), a decentralized governance system
                        shall not be considered to be a person or a
                        group of persons under common control or acting
                        pursuant to an agreement to act in concert.
            ``(3) Deploy.--The term `deploy' means to bring software or
        hardware onto a distributed ledger system for active use.
            ``(4) Digital asset; distributed ledger application;
        distributed ledger system; distributed ledger protocol;
        decentralized governance system; smart contract.--The terms
        `digital asset', `distributed ledger application', `distributed
        ledger system', `distributed ledger protocol', `decentralized
        governance system', and `smart contract' have the meanings
        given those terms in section 2 of the Digital Asset Market
        Clarity Act.
            ``(5) Decentralized finance messaging system.--
                    ``(A) In general.--The term `decentralized finance
                messaging system' means a software application that
                provides a user with the ability to create or submit an
                instruction, communication, or message to a
                decentralized finance trading protocol.
                    ``(B) Additional requirements.--The term
                `decentralized finance messaging system' does not
                include any system that provides any person other than
                the user with--
                            ``(i) control over the funds of the user;
                        or
                            ``(ii) the authority to execute any of the
                        transaction of the user.
    ``(b) Application to Software Developers.--Notwithstanding any
other provision of this Act, a person shall not be subject to this Act
and the regulations promulgated under this Act solely based on the
person engaging in any of the following activities, whether singly or
in combination, in relation to the operation of a distributed ledger
system or any component thereof:
            ``(1) Compiling network transactions or relaying,
        searching, sequencing, validating, or acting in a similar
        capacity.
            ``(2) Providing computational work, operating a node or
        oracle service, or procuring, offering, or utilizing network
        bandwidth, or providing other similar incidental services.
            ``(3) Developing, publishing, or constituting--
                    ``(A) a distributed ledger system; or
                    ``(B) software or systems that create or utilize
                hardware or software, including wallets or other
                systems, that facilitate the ability of a user to keep,
                safeguard, or have custody of the digital assets or
                private keys of the user.
    ``(c) Rule of Construction.--Subsection (b)(3) does not extend to
any activity covered in any of the activities described in
subparagraphs (A) through (D) of subsection (d)(1), including activity
taken following deployment of such software or hardware.
    ``(d) Clarification.--
            ``(1) In general.--The Commission shall, pursuant to notice
        and comment rulemaking, clarify the circumstances under which a
        person shall not be subject to this Act by reason of engaging
        solely in 1 or more of the following activities in relation to
        the operation of a decentralized finance trading protocol or
        any component thereof:
                    ``(A) Providing a user interface that enables a
                user to read and access data.
                    ``(B) Administering, maintaining, or otherwise
                distributing a decentralized governance system relating
                to a decentralized finance trading protocol, or a
                decentralized finance trading protocol.
                    ``(C) Administering, maintaining, or otherwise
                distributing a decentralized finance messaging system
                or operating or participating in a smart contract-based
                liquidity pool in a decentralized finance trading
                protocol.
                    ``(D) Administering, maintaining, or otherwise
                distributing software or systems that create or deploy
                hardware or software, including wallets or other
                systems, that facilitate the ability of a user to keep,
                safeguard, or maintain custody of the digital assets or
                related private keys of the user.
            ``(2) Considerations.--In providing the clarification under
        paragraph (1) the Commission shall--
                    ``(A) ensure that the rules are consistent with the
                purposes of the securities laws, including the public
                interest, the protection of investors, and the
                maintenance of fair and orderly markets;
                    ``(B) provide that section 108(a) of the Lummis-
                Gillibrand Responsible Financial Innovation Act of 2026
                shall apply to such rules;
                    ``(C) protect the rights of software developers,
                publishers, and users to create, publish, and use code
                and software in a manner consistent with the First
                Amendment to the Constitution of the United States; and
                    ``(D) provide legal clarity for the development,
                publication, and operation of distributed ledger
                systems and the components therein in a manner
                consistent with the purposes of this section.
            ``(3) Rule of construction.--Nothing in this subsection may
        be construed to grant the Commission authority over persons,
        systems, software, or activities that do not otherwise fall
        within the jurisdiction of the Commission under this Act, or to
        create a presumption that any such activity is subject to this
        Act.
    ``(e) Anti-Fraud, Anti-Manipulation, and False Reporting.--The
determination that a person is not subject to this Act under
subsections (b) and (d) shall not apply to the anti-fraud, anti-
manipulation, or false reporting enforcement authorities of the
Commission.
    ``(f) Rule of Construction.--Nothing in this Act or the rules and
regulations promulgated under this Act may be construed to apply any
requirement of the securities laws to a digital commodity, as defined
in section 2 of the Digital Asset Market Clarity Act, or expand the
authority of the Commission beyond that which the Commission had before
the date of enactment of the Digital Asset Market Clarity Act to
regulate the activities described in subsection (d)(1).
    ``(g) Federal Preemption.--
            ``(1) In general.--Notwithstanding any other provision of
        law, no securities, commodities, or digital assets law of any
        State (or of any political subdivision of a State) shall apply
        to an activity described in subsection (b).
            ``(2) Rule of construction.--Nothing in paragraph (1) may
        be construed to apply to the anti-money laundering, anti-fraud,
        or anti-manipulation authorities of a State (or of any
        political subdivision of a State).''.
    (c) Applicability.--This section, and the amendments made by this
section, shall apply to conduct occurring before, on, or after the date
of enactment of this Act.

SEC. 602. SAFE HARBOR FOR NONFUNGIBLE TOKENS.

    (a) Definitions.--In this section:
            (1) Nonfungible token.--The term ``nonfungible token''
        means a digital asset recorded on a distributed ledger that--
                    (A) is individually identifiable and
                distinguishable from any other digital asset;
                    (B) represents ownership of, or rights in, a work
                of authorship, art, a collectible, a membership, an
                access credential, a certificate of authenticity, an
                in-game or in-application item, or another similar
                specific item or discrete digital or physical good,
                service, or benefit;
                    (C) is not interchangeable on a 1-to-1 basis with
                any other token or digital asset; and
                    (D) may be bought, sold, or transferred for
                consideration.
            (2) Promoter.--The term ``promoter'' means a person or
        group that manages, controls, or operates an enterprise in
        which capital is invested, or any person or group acting on
        behalf of such a person or group with respect to such an
        enterprise, including an affiliate, agent, or coordinated actor
        that contributes to the capital raising efforts of the
        enterprise.
    (b) Safe Harbor.--
            (1) In general.--Except as provided in paragraph (3), the
        offer, sale, resale, transfer, or conveyance of a nonfungible
        token shall not be deemed to constitute an offer, sale, or
        distribution of a security or investment contract under the
        Securities Act of 1933 (15 U.S.C. 77a et seq.), the Securities
        Exchange Act of 1934 (15 U.S.C. 78a et seq.), or any equivalent
        State law, unless the transaction, in substance, involves all
        of the elements of an investment contract.
            (2) Rules of construction.--Neither of the following shall
        be considered to be a security under the Securities Act of 1933
        (15 U.S.C. 77a et seq.) or the Securities Exchange Act of 1934
        (15 U.S.C. 78a et seq.):
                    (A) The resale or secondary market transfer of a
                nonfungible token, where the payment for that resale or
                transfer does not flow to a promoter or is not used to
                raise new capital for an enterprise.
                    (B) A nonfungible token that serves as a
                collectible, membership right, event ticket, access
                credential, or other non-investment-based use case
                solely because the nonfungible token may appreciate in
                value or depend in part on the continued efforts or the
                reputation of the creator or issuer of the nonfungible
                token.
            (3) Exceptions.--The safe harbor under paragraph (1) shall
        not apply to--
                    (A) a mass-minted series of items with
                substantially similar or nearly identical traits that
                are marketed or sold interchangeably;
                    (B) a fractionalized interest in a nonfungible
                token; or
                    (C) an interest representing a beneficial or
                economic claim on a nonfungible token or an asset that
                a nonfungible token represents.
            (4) Reliance; prospective effect.--
                    (A) Reliance.--A person, other than an originator
                or related person, that reasonably and in good faith
                relies on the safe harbor under this subsection shall
                not be subject to any civil or administrative
                penalties.
                    (B) Prospective effect.--Any determination by the
                Commission that the safe harbor under this subsection
                does not apply to a particular circumstance shall--
                            (i) be prospective only; and
                            (ii) take effect not earlier than 60 days
                        after the date on which the Commission publicly
                        posts that determination.

SEC. 603. STUDY ON NONFUNGIBLE TOKENS.

    (a) Definition.--In this section, the term ``nonfungible token''
has the meaning given the term in section 602.
    (b) Study.--The Comptroller General of the United States shall
carry out a study of nonfungible tokens that analyzes--
            (1) the nature, size, role, purpose, and use of nonfungible
        tokens;
            (2) the similarities and differences between nonfungible
        tokens and other digital commodities, including digital
        commodities and payment stablecoins, and how the markets for
        those digital commodities intersect;
            (3) how nonfungible tokens are minted by issuers and
        subsequently distributed to purchasers;
            (4) how nonfungible tokens are stored after being purchased
        by a consumer;
            (5) the interoperability of nonfungible tokens between
        different distributed ledger systems;
            (6) the scalability of different nonfungible token
        marketplaces;
            (7) the benefits of nonfungible tokens, including
        verifiable digital ownership;
            (8) the risks of nonfungible tokens, including--
                    (A) the infringement of intellectual property
                rights;
                    (B) cybersecurity risks; and
                    (C) market risks;
            (9) whether and how nonfungible tokens have been, or could
        be, integrated with traditional marketplaces, including
        marketplaces for music, real estate, gaming, events, and
        travel;
            (10) whether and how nonfungible tokens have been, or could
        be, used to facilitate commerce or other activities through the
        representation of documents, identification, contracts,
        licenses, and other commercial, governmental, or personal
        records;
            (11) any risks to traditional markets from the integration
        described in paragraph (9); and
            (12) the levels and types of illicit activity in
        nonfungible token markets.
    (c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall make
publicly available a report that includes the results of the study
required under subsection (b).

SEC. 604. BLOCKCHAIN REGULATORY CERTAINTY ACT.

    (a) Short Title.--This section may be cited as the ``Blockchain
Regulatory Certainty Act''.
    (b) Definitions.--In this section:
            (1) Developer or provider.--The term ``developer or
        provider'' means any person or business that creates or
        publishes software to facilitate the creation of, or provide
        maintenance to, a distributed ledger, or a service associated
        with a distributed ledger.
            (2) Distributed ledger service.--The term ``distributed
        ledger service'' means any information, transaction, or
        computing service or system that provides or enables access to
        a distributed ledger system by multiple users, including a
        service or system that enables users to send, receive,
        exchange, or store digital assets described by distributed
        ledger systems.
            (3) Non-controlling developer or provider.--The term ``non-
        controlling developer or provider'' means a developer or
        provider of a distributed ledger service that, in the regular
        course of operations, does not have the legal right or the
        unilateral and independent ability to control, initiate upon
        demand, or effectuate transactions involving digital assets to
        which users are entitled, without the approval, consent, or
        direction of any third party.
    (c) Treatment.--Notwithstanding any other provision of law, a non-
controlling developer or provider--
            (1) shall not be treated as--
                    (A) a money transmitting business, as defined in
                section 5330 of title 31, United States Code, and the
                regulations promulgated under that section; or
                    (B) engaged in money transmitting, as defined in
                section 1960 of title 18, United States Code; and
            (2) on or after the date of enactment of this Act, shall
        not be otherwise subject to any registration requirement that
        is substantially similar to a requirement (as in effect on the
        day before the date of enactment of this Act) that applies to
        an entity described in subparagraph (A) or (B) of paragraph
        (1), solely on the basis of--
                    (A) creating or publishing software to facilitate
                the creation of, or providing maintenance services to,
                a distributed ledger or a service associated with a
                distributed ledger;
                    (B) providing hardware or software to facilitate a
                customer's own custody or safekeeping of the digital
                assets of the customer; or
                    (C) providing infrastructure support to maintain a
                distributed ledger service.
    (d) Clarification of Treatment.--Subsection (c) shall not modify
the application of section 1960(b)(1)(C) of title 18, United States
Code, to any person (referred to in this subsection as the ``initial
person'') that acts with the specific intent to transfer, on behalf of
another person, funds that are known by the initial person to be--
            (1) derived from a criminal offense; or
            (2) intended to be used to promote or support unlawful
        activity.
    (e) Rules of Construction.--Nothing in this section may be
construed--
            (1) to affect whether a developer or provider of a
        distributed ledger service is otherwise subject to
        classification or treatment as a money transmitter, or as
        engaged in money transmitting, under applicable Federal or
        State law, including laws relating to anti-money laundering or
        countering the financing of terrorism, based on conduct outside
        the scope of subsection (c);
            (2) to affect whether a developer or provider is otherwise
        subject to classification or treatment as a financial
        institution under subchapter II of chapter 53 of title 31,
        United States Code, this Act, any amendment made by this Act,
        or any Act enacted after the date of enactment of this Act,
        based on conduct outside the scope of subsection (c);
            (3) to limit or expand any law pertaining to intellectual
        property;
            (4) to prevent any State from enforcing any State law that
        is consistent with this section; or
            (5) to create a cause of action or impose liability under
        any State or local law that is inconsistent with this section.

SEC. 605. KEEP YOUR COINS ACT.

    (a) Short Title.--This section may be cited as the ``Keep Your
Coins Act''.
    (b) Definitions.--In this section:
            (1) Covered user.--The term ``covered user'' means a United
        States individual who obtains digital assets to purchase goods
        or services on behalf of that individual, without regard to the
        method in which that individual obtained those digital assets.
            (2) Self-hosted wallet.--The term ``self-hosted wallet''
        means a digital interface--
                    (A) that is used to secure and transfer digital
                assets; and
                    (B) under which the owner of digital assets secured
                and transferred under subparagraph (A) retains
                independent control over those digital assets.
    (c) Self-Custody.--A Federal agency may not prohibit, restrict, or
otherwise impair the ability of a covered user to self-custody digital
assets using a self-hosted wallet or other means to conduct
transactions for any lawful purpose.
    (d) Rule of Construction.--Nothing in this section may be construed
to limit the authority of the Secretary of the Treasury, the
Commission, the Commodity Futures Trading Commission, the Board of
Governors of the Federal Reserve System, the Comptroller of the
Currency, the Federal Deposit Insurance Corporation, or the National
Credit Union Administration to carry out any enforcement action or
special measure authorized under applicable law, including--
            (1) the Bank Secrecy Act, section 9714 of the Combating
        Russian Money Laundering Act (31 U.S.C. 5318A note), and
        section 7213A of the Fentanyl Sanctions Act (21 U.S.C. 2313a);
        or
            (2) any other law relating to illicit finance, money
        laundering, terrorism financing, or United States sanctions.

                TITLE VII--PROTECTING CUSTOMER PROPERTY

SEC. 701. CUSTOMER PROPERTY PROTECTIONS FOR ANCILLARY ASSETS AND
              DIGITAL COMMODITIES IN BANKRUPTCY.

    (a) Definitions for Stockbroker Liquidation.--
            (1) In general.--Section 741 of title 11, United States
        Code, is amended--
                    (A) by redesignating paragraphs (5) through (9) as
                paragraphs (7) through (11), respectively;
                    (B) by redesignating paragraphs (1) through (4) as
                paragraphs (2) through (5), respectively;
                    (C) by inserting before paragraph (2), as so
                redesignated, the following:
            ``(1) `ancillary asset' has the meaning given that term in
        section 2 of the Digital Asset Market Clarity Act;'';
                    (D) in paragraph (3), as so redesignated--
                            (i) in subparagraph (A)(vi), by striking
                        ``and'' at the end;
                            (ii) by redesignating subparagraph (B) as
                        subparagraph (C);
                            (iii) by inserting after subparagraph (A)
                        the following:
                    ``(B) entity with whom a person deals as principal
                or agent and that has a claim against such person on
                account of a digital commodity or an ancillary asset
                received, acquired, or held by such person from or for
                the securities account or accounts of such entity for 1
                or more of the purposes identified in clauses (i)
                through (vi) of subparagraph (A) of this paragraph;
                and''; and
                            (iv) in subparagraph (C), as so
                        redesignated--
                                    (I) in clause (i)--
                                            (aa) by inserting ``,
                                        ancillary asset, or digital
                                        commodity'' after ``security'';
                                        and
                                            (bb) by inserting ``or
                                        (B)'' after ``subparagraph
                                        (A)''; and
                                    (II) in clause (ii), by inserting
                                ``an ancillary asset, a digital
                                commodity,'' after ``a security,'';
                    (E) in paragraph (5), as so redesignated, in the
                matter preceding subparagraph (A), by inserting
                ``ancillary asset, digital commodity,'' after ``cash,
                security,'' each place it appears;
                    (F) by inserting after paragraph (5), as so
                redesignated, the following:
            ``(6) `digital commodity' has the meaning given that term
        in section 2 of the Digital Asset Market Clarity Act;''; and
                    (G) in paragraph (8), as so redesignated, in
                subparagraph (A)(i), by inserting ``, ancillary asset
                positions, and digital commodities positions'' after
                ``securities positions''.
    (b) Extent of Customer Claims.--Section 746(b) of title 11, United
States Code, is amended, in the matter preceding paragraph (1), by
striking ``cash or a security'' and inserting ``cash, a security, an
ancillary asset, or a digital commodity''.
    (c) Technical and Conforming Amendments.--
            (1) Section 546(e) of title 11, United States Code, is
        amended--
                    (A) by striking ``section 741(7)'' and inserting
                ``section 741''; and
                    (B) by striking ``section 761(4)'' and inserting
                ``section 761''.
            (2) Section 561(a) of title 11, United States Code, is
        amended--
                    (A) in paragraph (1), by striking ``section
                741(7)'' and inserting ``section 741''; and
                    (B) in paragraph (2), by striking ``section
                761(4)'' and inserting ``section 761''.
            (3) Section 752(c) of title 11, United States Code, is
        amended by striking ``section 741(4)(B)'' and inserting
        ``section 741(5)(B)''.
    (d) Clarifications.--For the avoidance of doubt--
            (1) nothing in this section or an amendment made by this
        section may be construed to apply to securities or cash held by
        a broker-dealer and such assets and related claims shall be
        governed exclusively by the Securities Investor Protection Act
        of 1970 (15 U.S.C. 78aaa et seq.);
            (2) nothing in this section or an amendment made by this
        section may be construed to apply to deposits held by a bank or
        commodity contracts, which shall be governed by the relevant
        applicable law; and
            (3) in any liquidation proceeding under subchapter III or
        IV of chapter 7 of title 11, United States Code, those
        provisions shall be construed to treat ancillary assets and
        digital commodities held for customers as customer property
        governed by title 11, United States Code, and required to be
        distributed according to such title.

SEC. 702. INSOLVENCY SAFE HARBOR.

    (a) Definitions.--In this section:
            (1) Commodity broker; financial institution; financial
        participant; securities clearing agency; stockbroker.--The
        terms ``commodity broker'', ``financial institution'',
        ``financial participant'', ``securities clearing agency'', and
        ``stockbroker'' have the meanings given those terms in section
        101 of title 11, United States Code.
            (2) Commodity contract.--The term ``commodity contract''
        means a commodity contract described in paragraph (4)(A) of
        section 761 of title 11, United States Code.
    (b) Safe Harbor.--A purchase, sale, or loan of, a margin loan or
other extension of credit on, or a repurchase, reverse repurchase, or
other transaction involving, a unit of a digital commodity occurring
with a commodity broker, stockbroker, financial institution, financial
participant, or securities clearing agency shall be deemed to be--
            (1) a commodity contract for purposes of--
                    (A) sections 362(b)(6), 362(o), 546(e), 553, 556,
                561, and 562 of title 11, United States Code;
                    (B) section 11 of the Federal Deposit Insurance Act
                (12 U.S.C. 1821);
                    (C) section 210 of the Dodd-Frank Wall Street
                Reform and Consumer Protection Act (12 U.S.C. 5390);
                and
                    (D) section 5(b)(2)(C) of the Securities Investor
                Protection Act of 1970 (15 U.S.C. 78eee(b)(2)(C)); and
            (2) a margin payment for purposes of section 548(d)(2)(B)
        of title 11, United States Code.

                    TITLE VIII--CUSTOMER PROTECTION

SEC. 801. EDUCATIONAL MATERIALS.

    The Commission and the Commodity Futures Trading Commission shall
require digital asset intermediaries to provide clear and accessible
educational materials to the public, including--
            (1) an overview of how distributed ledger systems function;
            (2) a description of common risks associated with digital
        assets;
            (3) a description of the differences between digital asset
        markets and traditional financial markets;
            (4) information on reporting and disclosure requirements
        related to digital asset transactions and securities which may
        be accompanied by network tokens or ancillary assets; and
            (5) guidance on recognizing fraudulent schemes and
        instructions for reporting suspected fraud.

SEC. 802. SAVINGS CLAUSES.

    (a) Definitions.--In this section:
            (1) Digital consumer token.--The term ``digital consumer
        token'' means a digital asset that is primarily acquired for a
        consumptive purpose, including redemption for a specified good
        or service at the time of sale or within a reasonable time
        after sale, as defined by the Federal Trade Commission pursuant
        to rule.
            (2) Nonfungible token.--The term ``nonfungible token''
        means a digital asset recorded on a distributed ledger that--
                    (A) is individually identifiable and
                distinguishable from any other digital asset;
                    (B) represents ownership of, or rights in, a work
                of authorship, art, a collectible, a membership, an
                access credential, a certificate of authenticity, an
                in-game or in-application item, or another similar
                specific item or discrete digital or physical good,
                service, or benefit;
                    (C) is not interchangeable on a 1-to-1 basis with
                any other token or digital asset; and
                    (D) may be bought, sold, or transferred for
                consideration.
    (b) Federal Trade Commission.--Nothing in this Act, or any
amendment made by this Act, may be construed as limiting or abridging
the jurisdiction of the Federal Trade Commission with respect to--
            (1) investigations or enforcement actions under the Federal
        Trade Commission Act (15 U.S.C. 41 et seq.) relating to unfair
        or deceptive acts or practices by persons relating to commerce
        in nonfungible tokens or digital consumer tokens, including
        deceptive acts with respect to advertising and endorsements
        relating to nonfungible tokens and digital consumer tokens;
            (2) highlighting best practices relating to commerce in
        nonfungible tokens or digital consumer tokens;
            (3) promoting responsible innovation;
            (4) consumer education relating to fraudulent digital asset
        activity; or
            (5) investigating unlawful restraints of trade in the
        digital asset industry.
    (c) Rule of Construction.--Nothing in this Act, or any amendment
made by this Act, may be construed to expand, contract, or otherwise
affect the jurisdiction or authority with respect to the Federal
consumer financial laws under the Consumer Financial Protection Act of
2010 (12 U.S.C. 5481 et seq.), as in effect on the day before the date
of enactment of this Act, including with respect to subsection (i) or
(j) of section 1027 of the Consumer Financial Protection Act of 2010
(12 U.S.C. 5517).

SEC. 803. STUDY ON EXPANDING FINANCIAL LITERACY.

    (a) Study.--The Commission and the Commodity Futures Trading
Commission shall jointly conduct a study to identify--
            (1) the existing (as of the day before the date of
        enactment of this Act) level of financial literacy among retail
        digital asset customers;
            (2) methods to improve the timing, content, and format of
        financial literacy materials regarding digital assets provided
        by the respective commissions;
            (3) methods to improve coordination between the Commission
        and the Commodity Futures Trading Commission with other
        agencies, including the Financial Literacy and Education
        Commission, nonprofit organizations, and State and local
        jurisdictions, to better disseminate financial literacy
        materials;
            (4) the efficacy of current financial literacy efforts with
        a focus on rural communities and communities with majority-
        minority populations;
            (5) the most useful and understandable relevant
        information, including clear disclosures, that retail digital
        asset customers need to make informed financial decisions
        before engaging with or purchasing a digital asset;
            (6) the most effective public-private partnerships in
        providing financial literacy regarding digital assets;
            (7) the most relevant metrics to measure successful
        improvement of the financial literacy of an individual after
        engaging with financial literacy efforts; and
            (8) in consultation with the Financial Literacy and
        Education Commission, a strategy (including, to the extent
        practicable, measurable goals and objectives) to increase
        financial literacy of investors regarding digital assets.
    (b) Report.--Not later than 1 year after the date of enactment of
this Act, the Commission and the Commodity Futures Trading Commission
shall jointly submit to the Committee on Banking, Housing, and Urban
Affairs and the Committee on Agriculture, Nutrition, and Forestry of
the Senate and the Committee on Financial Services and the Committee on
Agriculture of the House of Representatives a written report on the
study required under subsection (a).

SEC. 804. CONSULTATION WITH SIPC REGARDING MANDATORY BROKER-DEALER
              DISCLOSURES TO INVESTORS CONCERNING THE STATUS OF PAYMENT
              STABLECOINS AND DIGITAL COMMODITIES.

    (a) Definition.--In this section, the term ``payment stablecoin''
has the meaning given the term in section 2 of the GENIUS Act (12
U.S.C. 5901).
    (b) Rules.--Not later than 270 days after the date of enactment of
this Act, the Commission, after consultation with the Commodity Futures
Trading Commission and the Securities Investor Protection Corporation,
shall issue rules requiring written disclosures regarding the treatment
of customer assets in the event of an insolvency, resolution, or
liquidation proceeding to be provided by a registered broker or dealer
to an investor--
            (1) before a digital commodity, a payment stablecoin, or a
        security involving a unit of a digital commodity is received,
        acquired, or held by the broker or dealer for the account of
        the investor; and
            (2) after the provision of the disclosures under paragraph
        (1), at such frequency as the Commission may prescribe.
    (c) Contents.--The rules issued under subsection (b) shall include,
as necessary or appropriate for the protection of investors--
            (1) a description of the manner in which any digital
        commodity, payment stablecoin, or security involving a unit of
        a digital commodity received, acquired, or held by a broker or
        dealer for the account of an investor would be treated in an
        insolvency, resolution, or liquidation proceeding with respect
        to the broker or dealer under--
                    (A) title II of the Dodd-Frank Wall Street Reform
                and Consumer Protection Act (12 U.S.C. 5381 et seq.);
                    (B) the Securities Investor Protection Act of 1970
                (15 U.S.C. 78aaa et seq.); or
                    (C) as applicable, chapter 7 or 11 of title 11,
                United States Code; and
            (2) how the treatment described in paragraph (1) differs
        from the treatment of securities and cash received, acquired,
        or held by the broker or dealer for the account of the
        applicable investor in the event of an insolvency, resolution,
        or liquidation proceeding with respect to the broker or dealer
        under each provision of law described in subparagraph (A), (B),
        and (C) of paragraph (1).

                        TITLE IX--OTHER MATTERS

SEC. 901. JOINT ADVISORY COMMITTEE ON DIGITAL ASSETS.

    (a) Establishment.--The Commodity Futures Trading Commission and
the Commission (referred to collectively in this section as the
``Commissions'') shall jointly establish the Joint Advisory Committee
on Digital Assets (referred to in this section as the ``Committee'').
    (b) Purpose.--
            (1) In general.--The Committee shall--
                    (A) provide the Commissions with official findings
                and nonbinding recommendations on--
                            (i) the rules, regulations, oversight, and
                        other matters of the Commissions relating to
                        digital assets, including with respect to
                        regulatory harmonization between the
                        Commissions;
                            (ii) how to further the regulatory
                        harmonization of digital asset policy between
                        the Commissions or areas in which that
                        harmonization should occur; and
                            (iii) the implementation by the Commissions
                        of this Act, and the amendments made by this
                        Act, including with respect to regulatory
                        harmonization between the Commissions,
                        memoranda of understanding, and the CFTC-SEC
                        Micro-Innovation Sandbox established pursuant
                        to section 501;
                    (B) develop and share objective methods and best
                practices for evaluating digital asset networks and
                activities, including, as appropriate, technical
                features, economic design, and implications for market
                integrity, investor protection, and operational
                resilience; and
                    (C) issue nonbinding recommendations to assist in
                resolving disputes between the Commissions.
    (c) Review by the Commissions.--Each of the Commissions shall--
            (1) review the findings and nonbinding recommendations
        provided under subsection (b)(1)(A);
            (2) promptly publish a public statement each time the
        Committee submits a finding or nonbinding recommendation to the
        applicable Commission under subsection (b)(1)(A) that--
                    (A) assesses the finding or recommendation; and
                    (B) if applicable, discloses the action or decision
                not to take action; and
            (3) provide the Committee with a formal written response
        not later than 90 days after the date of submission of a
        finding or nonbinding recommendation under subsection
        (b)(1)(A).
    (d) Membership and Leadership.--
            (1) Non-federal members; size and composition.--
                    (A) In general.--The Commissions shall appoint to
                the Committee not more than 14 nongovernmental voting
                members who--
                            (i) represent a broad spectrum of
                        interests, equally divided between the
                        Commissions; and
                            (ii) serve at the pleasure of the
                        appointing Commission.
                    (B) Specific members.--For each of the Commissions,
                the appointees under subparagraph (A) of this paragraph
                shall include--
                            (i) 2 individuals described in paragraph
                        (2)(A);
                            (ii) 2 individuals described in paragraph
                        (2)(B);
                            (iii) 1 individual described in paragraph
                        (2)(C);
                            (iv) 2 individuals described in paragraph
                        (2)(D); and
                            (v) 1 individual described in paragraph
                        (2)(E).
            (2) Members described.--A member described in this
        paragraph is--
                    (A) an individual who is employed by, or is a
                related person with respect to, a digital asset market
                participant;
                    (B) a person registered with either of the
                Commissions and that is engaged in activities relating
                to digital assets;
                    (C) an individual engaged in academic research
                relating to digital assets;
                    (D) a retail user of digital assets; and
                    (E) a State securities regulator.
            (3) NIST.--The Director of the National Institute of
        Standards and Technology, or the designee of the Director,
        shall serve in an advisory capacity as a nonvoting, ex officio
        member of the Committee, and shall not be excluded from any
        proceedings, meetings, discussions, or deliberations of the
        Committee, except that the chair of the Committee, upon an
        affirmative vote of the Committee, may exclude the Director or
        the designee from any proceedings, meetings, discussions, or
        deliberations of the Committee when necessary to safeguard and
        promote the free exchange of confidential information.
            (4) Co-designated federal officers; commissioner support.--
                    (A) Co-designated federal officers.--
                            (i) In general.--Each Commission shall
                        designate 1 Federal officer to serve as a co-
                        designated Federal officer of the Committee.
                            (ii) Shared duties.--The duties required by
                        section 1009(e) of title 5, United States Code,
                        to be carried out by a designated officer or
                        employee of the Federal Government with respect
                        to the Committee shall be shared by the Federal
                        officers of the Committee who are co-designated
                        under clause (i).
                    (B) Commissioner support.--
                            (i) In general.--Commissioners of the
                        Commissions may be supported by officers or
                        employees of the respective Commission who may
                        prepare or transmit materials, coordinate with
                        agency staff, liaise with Committee leadership,
                        propose agenda items, gather information, and
                        otherwise support the participation of that
                        commissioner in Committee business, in an ex
                        officio, nonvoting capacity.
                            (ii) Rule of construction.--An officer or
                        employee described in clause (i) shall not be
                        considered to be a member of the Committee for
                        purposes of chapter 10 of title 5, United
                        States Code.
                    (C) Information sharing.--The co-designated Federal
                officers under subparagraph (A) and the officers or
                employees of the respective Commissions providing
                support under subparagraph (B) shall share information
                about digital asset activities under this Act, in
                accordance with section 902, including with regard to
                preventing insider trading.
            (5) Committee leadership.--The members of the Committee
        shall elect, from among the membership of the Committee, a
        secretary and an assistant secretary.
            (6) Rotating chair.--The chair and vice chair of the
        Committee shall rotate annually between the Commissions, with
        the Commission designating the chair in even-numbered calendar
        years, the Commodity Futures Trading Commission designating the
        chair in odd-numbered calendar years, the Commission
        designating the vice chair in odd-numbered calendar years, and
        the Commodity Futures Trading Commission designating the vice
        chair in even-numbered calendar years.
            (7) Terms; vacancies; holdover.--
                    (A) In general.--Each non-Federal member of the
                Committee shall be appointed for a term of 4 years.
                    (B) Service until new appointment.--A member of the
                Committee may continue to serve after the expiration of
                the term of the member until a successor is appointed.
                    (C) Vacancies.--A vacancy with respect to
                membership in the Committee shall be filled only for
                the remainder of the applicable term.
                    (D) Reappointment.--A member of the Committee may
                be reappointed.
            (8) Status of members.--A member of the Committee appointed
        under paragraph (1) shall not be deemed to be an employee or
        agent of either of the Commissions solely by reason of
        membership on the Committee.
    (e) No Compensation for Committee Members.--
            (1) Non-federal members.--All Committee members appointed
        under subsection (d)(1) shall--
                    (A) serve without compensation; and
                    (B) while away from the home or regular place of
                business of the member in the performance of services
                for the Committee, be allowed travel expenses,
                including per diem in lieu of subsistence, in the same
                manner as persons employed intermittently in Government
                service are allowed expenses under section 5703 of
                title 5, United States Code.
            (2) No compensation for co-designated federal officers.--
        The Federal officers co-designated under subsection (d)(4)(A)
        shall serve without compensation in addition to that received
        for their services as officers or employees of the United
        States.
    (f) Frequency of Meetings.--The Committee shall meet--
            (1) not less frequently than twice annually; and
            (2) at such other times as either of the Commissions may
        request.
    (g) Procedures; Advisory Nature.--
            (1) In general.--The Committee shall operate pursuant to
        chapter 10 of title 5, United States Code, except as otherwise
        expressly provided by this section.
            (2) Advisory nature of recommendations.--The
        recommendations of the Committee are advisory in nature, shall
        not create any legal rights or obligations, and shall not limit
        or delay the independent authority of either of the
        Commissions.
    (h) Time Limits.--The Commissions shall--
            (1) not later than 90 days after the date of enactment of
        this Act, adopt a joint charter for the Committee;
            (2) not later than 120 days after the date of enactment of
        this Act, make the appointments required under subsection
        (d)(1); and
            (3) not later than 180 days after the date of enactment of
        this Act, hold the initial meeting of the Committee.
    (i) Funding.--Subject to the availability of funds, the Commissions
shall jointly fund the Committee.
    (j) Duration and Renewal.--
            (1) Initial period.--The Committee shall remain in effect
        for 10 years beginning on the date of enactment of this Act.
            (2) Renewal thereafter.--At the conclusion of the 10-year
        period described in paragraph (1)--
                    (A) the Committee shall be subject to subsections
                (a) and (b) of section 1013 of title 5, United States
                Code; and
                    (B) the Commissions may renew the Committee for
                successive 2-year periods by publishing a notice in the
                Federal Register, consistent with chapter 10 of title
                5, United States Code.

SEC. 902. MEMORANDUM OF UNDERSTANDING.

    (a) Memorandum of Understanding.--The Commission shall enter into a
memorandum of understanding with the Commodity Futures Trading
Commission to ensure--
            (1) coordinated supervision and enforcement with respect to
        registrants of the Commission and the Commodity Futures Trading
        Commission, including with regard to--
                    (A) the anti-fraud and anti-manipulation
                authorities of the Commission, such as with regard to
                insider trading; and
                    (B) the market integrity authorities of the
                Commodity Futures Trading Commission; and
            (2) appropriate information sharing between the Commission
        and the Commodity Futures Trading Commission to further the
        purposes of and compliance with this Act, the amendments made
        by this Act, the Securities Act of 1933 (15 U.S.C. 77a et seq.)
        (as amended by this Act), the Securities Exchange Act of 1934
        (15 U.S.C. 78a et seq.) (as amended by this Act), and the
        Commodity Exchange Act (7 U.S.C. 1 et seq.).
    (b) Rule of Construction.--Nothing in this section may be construed
to limit the anti-fraud, anti-manipulation, or false reporting
enforcement authorities of the Commodity Futures Trading Commission
with respect to a contract of sale of a commodity and persons effecting
such contracts.
    (c) Rule of Construction.--Nothing in this Act, or any amendment
made by this Act, may be construed to limit or prevent the continued
application of applicable law regarding the insider trading of
securities, including digital asset securities, including section 21A
of the Securities Exchange Act of 1934 (15 U.S.C. 78u-1).

SEC. 903. FINCEN APPROPRIATIONS.

    (a) Authorization of Appropriations.--For the purposes of
developing policy relating to digital assets, acquiring information
technology resources, funding the operations described in sections 202
and 203 of this Act, and enforcement of the laws within its
jurisdiction relating to digital assets, there is authorized to be
appropriated to the Financial Crimes Enforcement Network of the
Department of the Treasury the following:
            (1) $30,000,000 for fiscal year 2026, to remain available
        until September 30, 2027.
            (2) $30,000,000 for fiscal year 2027, to remain available
        until September 30, 2028.
            (3) $30,000,000 for fiscal year 2028, to remain available
        until September 30, 2029.
            (4) $30,000,000 for fiscal year 2029, to remain available
        until September 30, 2030.
            (5) $30,000,000 for fiscal year 2030, to remain available
        until September 30, 2031.
    (b) Incentive Premium for Highly Qualified Individuals.--
Notwithstanding any other provision of law or regulation, the Director
of the Financial Crimes Enforcement Network of the Department of the
Treasury may pay an annual incentive premium of not more than 20
percent of the annual rate of basic pay for a position if necessary to
attract highly qualified individuals for positions that the Director
has certified to the Director of the Office of Personnel Management
reflect the needs of the Financial Crimes Enforcement Network.

SEC. 904. BUILD NOW ACT.

    (a) Definitions.--In this section:
            (1) Covered recipient.--The term ``covered recipient''
        means a metropolitan city or urban county, as those terms are
        defined in section 102 of the Housing and Community Development
        Act of 1974 (42 U.S.C. 5302), that receives funds under section
        106.
            (2) Current annual growth rate.--The term ``current annual
        growth rate'', with respect to an eligible recipient and a
        fiscal year, means the average annual percentage increase in
        the number of housing units in the jurisdiction of the eligible
        recipient, as calculated by the Secretary, during the period--
                    (A) beginning with the third quarter of the sixth
                preceding fiscal year; and
                    (B) ending with the third quarter of the preceding
                fiscal year.
            (3) Eligible recipient.--The term ``eligible recipient''
        means any covered recipient unless--
                    (A)(i) the median Small Area Fair Market Rent in
                the jurisdiction of the covered recipient is at or
                below the 60th percentile of median Small Area Fair
                Market Rents in the jurisdictions of all covered
                recipients; and
                    (ii) the median home value in the jurisdiction of
                the covered recipient is below the median home value
                for the United States;
                    (B) the annual rental vacancy rate in the
                jurisdiction of the covered recipient is greater than
                the national annual rental vacancy rate for the most
                recent year available, as published by the Bureau of
                the Census;
                    (C) during the 1-year period preceding the date on
                which the Secretary allocates funds under section 106,
                the jurisdiction of the covered recipient has been the
                subject of a major disaster or emergency declaration
                under section 401 or 501, respectively, of the Robert
                T. Stafford Disaster Relief and Emergency Assistance
                Act (42 U.S.C. 5170, 5191); or
                    (D) the covered recipient lacks the legal authority
                to enact or update zoning and permitting ordinances.
            (4) Extremely high-growth recipient.--The term ``extremely
        high-growth recipient'' means an eligible recipient for which
        the current annual growth rate is at or above 4 percent.
            (5) Housing growth improvement rate.--The term ``housing
        growth improvement rate'', with respect to an eligible
        recipient and a fiscal year, means the quotient of--
                    (A)(i) the current annual growth rate of the
                eligible recipient, minus
                    (ii) the prior annual growth rate of the eligible
                recipient; and
                    (B) the sum obtained by adding the absolute values
                of the current annual growth rate and the prior annual
                growth rate of the eligible recipient.
            (6) Prior annual growth rate.--The term ``prior annual
        growth rate'', with respect to an eligible recipient and a
        fiscal year, means the average annual percentage increase in
        the number of housing units in the jurisdiction of the eligible
        recipient, as calculated by the Secretary, during the period--
                    (A) beginning with the third quarter of the 11th
                preceding fiscal year; and
                    (B) ending with the third quarter of the sixth
                preceding fiscal year.
            (7) Secretary.--The term ``Secretary'' means the Secretary
        of Housing and Urban Development.
            (8) Section 106.--The term ``section 106'' means section
        106 of the Housing and Community Development Act of 1974 (42
        U.S.C. 5306).
    (b) Adjustments to Community Development Block Grant Allocations.--
            (1) In general.--In allocating amounts to an eligible
        recipient under section 106 for a fiscal year, the Secretary
        shall adjust the allocation based on the housing growth
        improvement rate of the eligible recipient, in accordance with
        paragraph (2) of this subsection.
            (2) Adjustments.--
                    (A) Housing growth improvement rate at or above
                median; extremely high-growth recipients.--
                            (i) In general.--If, with respect to a
                        fiscal year for which the allocation under
                        section 106 is being determined, the housing
                        growth improvement rate for an eligible
                        recipient is at or above the median housing
                        growth improvement rate for all eligible
                        recipients other than extremely high-growth
                        recipients, or if an eligible recipient is an
                        extremely high-growth recipient, the Secretary
                        shall allocate to the eligible recipient for
                        that fiscal year, in addition to the amount
                        that would otherwise be allocated to the
                        eligible recipient under section 106, a bonus
                        amount, as determined under clause (ii) of this
                        subparagraph.
                            (ii) Bonus amount.--For purposes of clause
                        (i), the bonus amount for an eligible recipient
                        for a fiscal year shall be equal to the product
                        of--
                                    (I) the aggregate amount by which
                                allocations to eligible recipients are
                                decreased under subparagraph (B) for
                                that fiscal year; and
                                    (II) the quotient of--
                                            (aa) the number of housing
                                        units, as of the third quarter
                                        of the preceding fiscal year,
                                        in the jurisdiction of the
                                        eligible recipient, as
                                        calculated by the Secretary;
                                        and
                                            (bb) the number of housing
                                        units, as of the third quarter
                                        of the preceding fiscal year,
                                        in the jurisdictions of all
                                        eligible recipients that
                                        receive a bonus amount under
                                        this paragraph, as calculated
                                        by the Secretary.
                    (B) Housing growth improvement rate below median.--
                If, with respect to a fiscal year for which the
                allocation under section 106 is being determined, the
                housing growth improvement rate for an eligible
                recipient is below the median housing growth
                improvement rate for all eligible recipients other than
                extremely high-growth recipients, the Secretary shall
                decrease the amount that would otherwise be allocated
                to the eligible recipient under section 106 for that
                fiscal year by 10 percent.
    (c) Calculation of Housing Units.--
            (1) Housing and urban development requirements.--In
        calculating the number of housing units in the jurisdiction of
        an eligible recipient under any provision of this section, the
        Secretary shall--
                    (A) use the Current Address Count Listing Files and
                other data products, as needed, of the Bureau of the
                Census tabulated from the Master Address File; and
                    (B) make calculations at the block level, using
                boundaries that reflect the most current boundaries.
            (2) Census bureau and postal service requirements.--The
        Bureau of the Census and the United States Postal Service shall
        provide any relevant data to the Secretary upon request to
        assist the Secretary in making a calculation described in
        paragraph (1).
            (3) Adjustment of calculation periods.--The Secretary may
        adjust the calculation periods under subparagraphs (A) and (B)
        of subsection (a)(2), subparagraphs (A) and (B) of subsection
        (a)(6), and items (aa) and (bb) of subsection (b)(2)(A)(ii)(II)
        by not more than 2 months to achieve alignment with the data
        provided by the Bureau of the Census.
    (d) Annual Report on Housing Growth Improvement Rate.--Before
allocating funds under section 106 for a fiscal year, the Secretary
shall publish a report that--
            (1) includes the housing growth improvement rate for each
        eligible recipient; and
            (2) lists, for the most recent fiscal year for which
        allocations were made under section 106--
                    (A) the eligible recipients that received a bonus
                amount under subsection (b)(2)(A) of this section; and
                    (B) the eligible recipients for which the
                allocation under section 106 was decreased under
                subsection (b)(2)(B) of this section.
    (e) Notification; Implementation Dates.--
            (1) Notification.--
                    (A) In general.--Not later than 60 days after the
                date of enactment of this Act, the Secretary shall
                notify each eligible recipient of the recipient's
                housing growth improvement rate and whether that
                housing growth improvement rate is above, at, or below
                the median housing growth improvement rate for all
                eligible recipients other than extremely high-growth
                recipients.
                    (B) Guidance.--As part of the notification under
                subparagraph (A), the Secretary shall share guidance,
                including resources developed by the Department of
                Housing and Urban Development, on best practices and
                recommendations for policies to reduce regulatory
                barriers to housing and increase housing supply.
            (2) Implementation dates.--Subsection (b) shall take effect
        beginning with the third full fiscal year after the date of
        enactment of this Act and remain in effect through fiscal year
        2043.
            (3) No effect on previous appropriations.--This section
        shall not apply to amounts appropriated before the date of
        enactment of this Act.

SEC. 905. RULEMAKINGS.

    Except as otherwise provided, not later than 1 year after the date
of enactment of this Act, each applicable regulator shall adopt rules
to carry out this Act, and the amendments made by this Act, through
appropriate notice and comment rulemaking.

SEC. 906. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect on
the date that is 360 days after the date of enactment of this Act,
except that, if a provision of this Act, or an amendment made by this
Act, requires a rulemaking, that provision shall take effect on the
later of--
            (1) the date that is 360 days after the date of enactment
        of this Act; or
            (2) the date that is 60 days after the publication in the
        Federal Register of the final rule implementing the provision.
                                                       Calendar No. 423

119th CONGRESS

  2d Session

                               H. R. 3633

_______________________________________________________________________

                                 AN ACT

To provide for a system of regulation of the offer and sale of digital
commodities by the Securities and Exchange Commission and the Commodity
    Futures Trading Commission, to amend the Federal Reserve Act to
 prohibit the Federal reserve banks from offering certain products or
services directly to an individual, to prohibit the use of central bank
     digital currency for monetary policy, and for other purposes.

_______________________________________________________________________

                              June 1, 2026

                       Reported with an amendment