H.R. 3633, Reported in Senate with an amendment in the nature of a substitute (Calendar No. 423) (Part 1 of 5)

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

Fincen Wallet Rule

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2026-06-01

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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.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3633 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 423
119th CONGRESS
  2d Session
                                H. R. 3633

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 18 (legislative day, September 16), 2025

     Received; read twice and referred to the Committee on Banking,
                       Housing, and Urban Affairs

                              June 1, 2026

       Reported by Mr. Scott of South Carolina, with an amendment
 [Strike out all after the enacting clause and insert the part printed
                               in italic]

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLES; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Titles.--This Act may be cited as the ``Digital
Asset Market Clarity Act of 2025'' or the ``CLARITY Act of 2025'' and
the ``Anti-CBDC Surveillance State Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>

<DELETED>Sec. 1. Short titles; table of contents.
   <DELETED>TITLE I--DEFINITIONS; RULEMAKING; EXPEDITED REGISTRATION

<DELETED>Sec. 101. Definitions under the Securities Act of 1933.
<DELETED>Sec. 102. Definitions under the Securities Exchange Act of
                            1934.
<DELETED>Sec. 103. Definitions under the Commodity Exchange Act.
<DELETED>Sec. 104. Definitions under this Act.
<DELETED>Sec. 105. Rulemakings.
<DELETED>Sec. 106. Expedited registration for digital commodity
                            exchanges, brokers, and dealers;
                            provisional status.
<DELETED>Sec. 107. Commodity Exchange Act and securities laws savings
                            provisions.
<DELETED>Sec. 108. Administrative requirements.
<DELETED>Sec. 109. Treatment of certain non-controlling blockchain
                            developers.
<DELETED>Sec. 110. Application of the Bank Secrecy Act.
<DELETED>Sec. 111. Rule of construction.
<DELETED>Sec. 112. Implementation.
       <DELETED>TITLE II--OFFERS AND SALES OF DIGITAL COMMODITIES

<DELETED>Sec. 201. Treatment of investment contract assets.
<DELETED>Sec. 202. Exempted primary transactions in digital
                            commodities.
<DELETED>Sec. 203. Treatment of secondary transactions in digital
                            commodities that originally involved
                            investment contracts.
<DELETED>Sec. 204. Requirements for offers and sales of digital
                            commodities by digital commodity related
                            persons and digital commodity affiliated
                            persons.
<DELETED>Sec. 205. Mature blockchain system requirements.
<DELETED>Sec. 206. Effective date.
 <DELETED>TITLE III--REGISTRATION FOR INTERMEDIARIES AT THE SECURITIES
                        AND EXCHANGE COMMISSION

<DELETED>Sec. 301. Treatment of digital commodities and permitted
                            payment stablecoins.
<DELETED>Sec. 302. Anti-fraud authority over permitted payment
                            stablecoins and certain digital commodity
                            transactions.
<DELETED>Sec. 303. Eligibility of alternative trading systems.
<DELETED>Sec. 304. Rulemaking for dual-registered entities.
<DELETED>Sec. 305. Modernization of recordkeeping requirements.
<DELETED>Sec. 306. Exemptive authority.
<DELETED>Sec. 307. Additional registrations with the Commodity Futures
                            Trading Commission.
<DELETED>Sec. 308. Exempting digital commodities from State securities
                            laws.
<DELETED>Sec. 309. Exclusion for decentralized finance activities.
<DELETED>Sec. 310. Treatment of custody activities by banking
                            institutions.
<DELETED>Sec. 311. Broker and dealer disclosures regarding the
                            treatment of assets.
<DELETED>Sec. 312. Digital commodity activities that are financial in
                            nature.
<DELETED>Sec. 313. Effective date; administration.
<DELETED>Sec. 314. Educational material requirements.
<DELETED>Sec. 315. Discretionary Surplus Fund.
<DELETED>TITLE IV--REGISTRATION FOR DIGITAL COMMODITY INTERMEDIARIES AT
                THE COMMODITY FUTURES TRADING COMMISSION

<DELETED>Sec. 401. Commission jurisdiction over digital commodity
                            transactions.
<DELETED>Sec. 402. Requiring futures commission merchants to use
                            qualified digital asset custodians.
<DELETED>Sec. 403. Trading certification and approval for digital
                            commodities.
<DELETED>Sec. 404. Registration of digital commodity exchanges.
<DELETED>Sec. 405. Qualified digital asset custodians.
<DELETED>Sec. 406. Registration and regulation of digital commodity
                            brokers and dealers.
<DELETED>Sec. 407. Registration of associated persons.
<DELETED>Sec. 408. Registration of commodity pool operators and
                            commodity trading advisors.
<DELETED>Sec. 409. Exclusion for decentralized finance activities.
<DELETED>Sec. 410. Resources for implementation and enforcement.
<DELETED>Sec. 411. Requirements related to control persons.
<DELETED>Sec. 412. Other tradable assets.
<DELETED>Sec. 413. Conflict of interest rulemaking.
<DELETED>Sec. 414. Effective date.
<DELETED>Sec. 415. Sense of Congress.
        <DELETED>TITLE V--INNOVATION AND TECHNOLOGY IMPROVEMENTS

<DELETED>Sec. 501. Findings; sense of Congress.
<DELETED>Sec. 502. Strategic Hub for Innovation and Financial
                            Technology.
<DELETED>Sec. 503. Codification of LabCFTC.
<DELETED>Sec. 504. Study on decentralized finance.
<DELETED>Sec. 505. Study on non-fungible tokens.
<DELETED>Sec. 506. Study on expanding financial literacy amongst
                            digital commodity holders.
<DELETED>Sec. 507. Study on financial market infrastructure
                            improvements.
<DELETED>Sec. 508. Study on blockchain in payments.
<DELETED>Sec. 509. Study on illicit use of digital assets.
<DELETED>Sec. 510. GAO study on certain centralized intermediaries that
                            are primarily located in foreign
                            jurisdictions.
<DELETED>Sec. 511. Studies on foreign adversary participation.
<DELETED>Sec. 512. Conforming amendments.
          <DELETED>TITLE VI--ANTI-CBDC SURVEILLANCE STATE ACT

<DELETED>Sec. 601. Short title.
<DELETED>Sec. 602. Prohibition on Federal reserve banks relating to
                            certain products or services for
                            individuals and prohibition on directly
                            issuing a central bank digital currency.
<DELETED>Sec. 603. Prohibition on Federal reserve banks indirectly
                            issuing a central bank digital currency.
<DELETED>Sec. 604. Prohibition with respect to central bank digital
                            currency.
<DELETED>Sec. 605. Sense of Congress.

         <DELETED>TITLE I--DEFINITIONS; RULEMAKING; EXPEDITED
                         REGISTRATION</DELETED>

<DELETED>SEC. 101. DEFINITIONS UNDER THE SECURITIES ACT OF
              1933.</DELETED>

<DELETED>    Section 2(a) of the Securities Act of 1933 (15 U.S.C.
77b(a)) is amended by adding at the end the following:</DELETED>
        <DELETED>    ``(20) Blockchain.--The term `blockchain' means--
        </DELETED>
                <DELETED>    ``(A) any technology--</DELETED>
                        <DELETED>    ``(i) where data is--</DELETED>
                                <DELETED>    ``(I) shared across a
                                network to create a distributed ledger
                                of independently verifiable
                                transactions or information among
                                network participants;</DELETED>
                                <DELETED>    ``(II) linked using
                                cryptography to maintain the integrity
                                of the distributed ledger and to
                                execute other functions; and</DELETED>
                                <DELETED>    ``(III) propagated among
                                network participants to reach consensus
                                on the state of the distributed ledger
                                and any other functions; and</DELETED>
                        <DELETED>    ``(ii) composed of source code
                        that is publicly available; and</DELETED>
                <DELETED>    ``(B) any similar technology to the
                technology described in subparagraph (A).</DELETED>
        <DELETED>    ``(21) Blockchain application.--The term
        `blockchain application' means any executable software that is
        deployed to a blockchain and composed of source code that is
        publicly available, including a smart contract or any network
        of smart contracts, or other similar technology.</DELETED>
        <DELETED>    ``(22) Blockchain protocol.--The term `blockchain
        protocol' means publicly available source code of a blockchain
        that is executed by the network participants of a blockchain to
        facilitate its functioning, or other similar
        technology.</DELETED>
        <DELETED>    ``(23) Blockchain system.--The term `blockchain
        system' means any blockchain, together with its blockchain
        protocol or any blockchain application or network of blockchain
        applications.</DELETED>
        <DELETED>    ``(24) Decentralized governance system.--
        </DELETED>
                <DELETED>    ``(A) In general.--The term `decentralized
                governance system' means, with respect to a blockchain
                system, any transparent, rules-based system permitting
                persons to form consensus or reach agreement in the
                development, provision, publication, maintenance, or
                administration of such blockchain system, where
                participation is not limited to, or under the effective
                control of, any person or group of persons under common
                control.</DELETED>
                <DELETED>    ``(B) Relationship of persons to
                decentralized governance systems.--With respect to a
                decentralized governance system, the decentralized
                governance system and any persons participating in the
                decentralized governance system shall be treated as
                separate persons unless such persons are under common
                control or acting pursuant to an agreement to act in
                concert.</DELETED>
                <DELETED>    ``(C) Legal entities for decentralized
                governance systems.--The term `decentralized governance
                system' shall include a legal entity used to implement
                the rules-based system described in subparagraph (A),
                provided that the legal entity does not operate
                pursuant to centralized management. For the purposes of
                this subparagraph, the delegation of ministerial or
                administrative authority at the direction of the
                participants in a decentralized governance system shall
                not be construed to be centralized
                management.</DELETED>
        <DELETED>    ``(25) Digital asset.--The term `digital asset'
        means any digital representation of value which is recorded on
        a cryptographically-secured distributed ledger or other similar
        technology.</DELETED>
        <DELETED>    ``(26) Digital commodity.--The term `digital
        commodity' has the meaning given that term under section 1a of
        the Commodity Exchange Act (7 U.S.C. 1a).</DELETED>
        <DELETED>    ``(27) Digital commodity affiliated person.--The
        term `digital commodity affiliated person'--</DELETED>
                <DELETED>    ``(A) means a person (including a digital
                commodity related person) that, with respect to any
                digital commodity--</DELETED>
                        <DELETED>    ``(i) acquires or has any right to
                        acquire 5 percent or more of the total
                        outstanding units of such digital commodity
                        from a digital commodity issuer or an agent or
                        underwriter thereof;</DELETED>
                        <DELETED>    ``(ii) is a founder of the digital
                        commodity issuer; or</DELETED>
                        <DELETED>    ``(iii) is an executive officer,
                        director, trustee, general partner, or person
                        serving in a similar capacity of the digital
                        commodity issuer or held such role at any point
                        in the previous 12-month period; and</DELETED>
                <DELETED>    ``(B) does not include a decentralized
                governance system.</DELETED>
        <DELETED>    ``(28) Digital commodity issuer.--</DELETED>
                <DELETED>    ``(A) In general.--With respect to a
                digital commodity, the term `digital commodity issuer'
                means any person that--</DELETED>
                        <DELETED>    ``(i) issues or causes to be
                        issued, or proposes to issue or cause to be
                        issued, a unit of such digital commodity to a
                        person; or</DELETED>
                        <DELETED>    ``(ii) offers or sells a right to
                        a future issuance of a unit of such digital
                        commodity to a person.</DELETED>
                <DELETED>    ``(B) Prohibition on evasion.--It shall be
                unlawful for any person to knowingly evade
                classification as a `digital commodity issuer' and
                facilitate an arrangement for the primary purpose of
                effecting an offer, sale, distribution, or other
                issuance of a digital commodity, including via any
                arrangement involving the transfer of intellectual
                property associated with the blockchain system to which
                the digital commodity relates.</DELETED>
        <DELETED>    ``(29) Digital commodity related person.--
        </DELETED>
                <DELETED>    ``(A) In general.--With respect to a
                digital commodity issuer, the term `digital commodity
                related person'--</DELETED>
                        <DELETED>    ``(i) means a person--</DELETED>
                                <DELETED>    ``(I) that is or was in
                                the previous 6-month period a promoter,
                                senior employee, advisory board member,
                                consultant, advisor, or person serving
                                in a similar capacity; or</DELETED>
                                <DELETED>    ``(II) that acquires or
                                has any right to acquire 1 percent or
                                more of the total outstanding units of
                                such digital commodity from a digital
                                commodity issuer or an agent or
                                underwriter thereof; and</DELETED>
                        <DELETED>    ``(ii) does not include a
                        decentralized governance system.</DELETED>
                <DELETED>    ``(B) Senior employee defined.--In this
                paragraph and with respect to a digital commodity
                issuer, the term `senior employee' means any employee
                materially involved in the management of the digital
                commodity issuer, including management of the
                development of the blockchain system to which the
                digital commodity relates.</DELETED>
        <DELETED>    ``(30) End user distribution.--</DELETED>
                <DELETED>    ``(A) In general.--The term `end user
                distribution' means a distribution of a unit of a
                digital commodity that--</DELETED>
                        <DELETED>    ``(i) does not involve an exchange
                        of more than a nominal value of cash, property,
                        or other assets; and</DELETED>
                        <DELETED>    ``(ii) is distributed in a broad
                        and equitable manner based on conditions
                        capable of being satisfied by any participant
                        in the blockchain system, including, as
                        incentive-based rewards--</DELETED>
                                <DELETED>    ``(I) to users of the
                                digital commodity or any blockchain
                                system to which the digital commodity
                                relates;</DELETED>
                                <DELETED>    ``(II) for activities
                                directly related to the operation of
                                the blockchain system, such as mining,
                                validating, staking, or other activity
                                directly tied to the operation of the
                                blockchain system; or</DELETED>
                                <DELETED>    ``(III) to the existing
                                holders of another digital commodity,
                                in proportion to the total units of
                                such other digital commodity as are
                                held by each person.</DELETED>
                <DELETED>    ``(B) Protocol consensus participation.--
                The term `end user distribution' includes the
                following:</DELETED>
                        <DELETED>    ``(i) Self staking.--The
                        distribution of a unit of a digital commodity
                        as a programmatic result of validating or
                        staking activity for a blockchain system's
                        consensus mechanism, including the staking of a
                        digital commodity and the operation of a node
                        or validator for such activity where the owner
                        of the staked digital commodity and operator of
                        the node or validator are the same person or
                        entity.</DELETED>
                        <DELETED>    ``(ii) Self-custodial staking with
                        a third party.--The distribution of a unit of a
                        digital commodity as a programmatic result of
                        validating or staking activity for a blockchain
                        system's consensus mechanism, including the
                        staking of a digital commodity and the
                        operation of a node or validator for such
                        activity where--</DELETED>
                                <DELETED>    ``(I) the owner of the
                                staked digital commodity and operator
                                of the node or validator for such
                                activity are different persons or
                                entities; and</DELETED>
                                <DELETED>    ``(II) the operator of the
                                node or validator does not maintain
                                custody or control of the staked
                                digital commodity.</DELETED>
                        <DELETED>    ``(iii) Custodial and ancillary
                        staking services.--Subject to the rules issued
                        pursuant to subparagraph (C), the provision of
                        custodial or ancillary staking services
                        enabling the owner of a digital commodity to
                        participate in validating or staking activity
                        for a blockchain system's consensus mechanism
                        that results in the programmatic distribution
                        of a unit of a digital commodity, provided that
                        such custodial or ancillary services are
                        exclusively administrative or ministerial in
                        nature.</DELETED>
                <DELETED>    ``(C) Rulemaking to define the custodial
                and ancillary staking services.--Not later than 270
                days after the date of the enactment of this paragraph,
                the Commission shall issue rules defining the custodial
                and ancillary staking services described in
                subparagraph (B)(iii) that are exclusively
                administrative or ministerial in nature, consistent
                with what is necessary or appropriate for the public
                interest or for the protection of investors.</DELETED>
        <DELETED>    ``(31) Mature blockchain system.--The term `mature
        blockchain system' means a blockchain system, together with its
        related digital commodity, that is not controlled by any person
        or group of persons under common control.</DELETED>
        <DELETED>    ``(32) Permitted payment stablecoin.--The term
        `permitted payment stablecoin' means a payment stablecoin (as
        defined in section 2 of the GENIUS Act) issued by a permitted
        payment stablecoin issuer.</DELETED>
        <DELETED>    ``(33) Permitted payment stablecoin issuer.--The
        term `permitted payment stablecoin issuer' has the meaning
        given that term in section 2 of the GENIUS Act.''.</DELETED>

<DELETED>SEC. 102. DEFINITIONS UNDER THE SECURITIES EXCHANGE ACT OF
              1934.</DELETED>

<DELETED>    Section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)) is amended--</DELETED>
        <DELETED>    (1) by redesignating the second paragraph (80)
        (relating to funding portals) as paragraph (81); and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(82) Bank secrecy act.--The term `Bank Secrecy
        Act' means--</DELETED>
                <DELETED>    ``(A) section 21 of the Federal Deposit
                Insurance Act (12 U.S.C. 1829b);</DELETED>
                <DELETED>    ``(B) chapter 2 of title I of Public Law
                91-508 (12 U.S.C. 1951 et seq.); and</DELETED>
                <DELETED>    ``(C) subchapter II of chapter 53 of title
                31, United States Code.</DELETED>
        <DELETED>    ``(83) Additional digital commodity-related
        terms.--</DELETED>
                <DELETED>    ``(A) Securities act of 1933.--The terms
                `blockchain system', `decentralized governance system',
                `digital asset', `digital commodity affiliated person',
                `digital commodity issuer', `digital commodity related
                person', `end user distribution', `mature blockchain
                system', `permitted payment stablecoin', and `permitted
                payment stablecoin issuer' have the meaning given those
                terms, respectively, under section 2(a) of the
                Securities Act of 1933 (15 U.S.C. 77b(a)).</DELETED>
                <DELETED>    ``(B) Commodity exchange act.--The terms
                `digital commodity', `digital commodity broker',
                `digital commodity dealer', `digital commodity
                exchange', `decentralized finance messaging system',
                and `decentralized finance trading protocol' have the
                meaning given those terms, respectively, under section
                1a of the Commodity Exchange Act (7 U.S.C.
                1a).''.</DELETED>

SEC. 103. DEFINITIONS UNDER THE COMMODITY EXCHANGE ACT.

<DELETED>    (a) In General.--Section 1a of the Commodity Exchange Act
(7 U.S.C. 1a) is amended--</DELETED>
        <DELETED>    (1) in paragraph (10)--</DELETED>
                <DELETED>    (A) in subparagraph (A)--</DELETED>
                        <DELETED>    (i) by redesignating clauses (iii)
                        and (iv) as clauses (iv) and (v), respectively;
                        and</DELETED>
                        <DELETED>    (ii) by inserting after clause
                        (ii) the following:</DELETED>
                        <DELETED>    ``(iii) digital commodity;'';
                        and</DELETED>
                <DELETED>    (B) by redesignating subparagraph (B) as
                subparagraph (C) and inserting after subparagraph (A)
                the following:</DELETED>
                <DELETED>    ``(B) Exclusion.--For purposes of this
                paragraph, the term `trading in commodity interests'
                shall not include transacting in digital commodities
                for the purpose of--</DELETED>
                        <DELETED>    ``(i) acting as a digital
                        commodity custodian;</DELETED>
                        <DELETED>    ``(ii) establishing, maintaining,
                        or managing inventory or payment instruments
                        for commercial purposes; or</DELETED>
                        <DELETED>    ``(iii) maintaining or supporting
                        the operation of, or validating transactions
                        on, a blockchain system.'';</DELETED>
        <DELETED>    (2) in paragraph (11)--</DELETED>
                <DELETED>    (A) in subparagraph (A)(i)--</DELETED>
                        <DELETED>    (i) by redesignating subclauses
                        (III) and (IV) as subclauses (IV) and (V),
                        respectively; and</DELETED>
                        <DELETED>    (ii) by inserting after subclause
                        (II) the following:</DELETED>
                                <DELETED>    ``(III) digital
                                commodity;''; and</DELETED>
                <DELETED>    (B) by redesignating subparagraph (B) as
                subparagraph (C) and inserting after subparagraph (A)
                the following:</DELETED>
                <DELETED>    ``(B) Exclusion.--For purposes of this
                paragraph, the term `trading in commodity interests'
                shall not include transacting in digital commodities
                for the purpose of--</DELETED>
                        <DELETED>    ``(i) acting as a digital
                        commodity custodian;</DELETED>
                        <DELETED>    ``(ii) establishing, maintaining,
                        or managing inventory or payment instruments
                        for commercial purposes; or</DELETED>
                        <DELETED>    ``(iii) maintaining or supporting
                        the operation of, or validating transactions
                        on, a blockchain system.'';</DELETED>
        <DELETED>    (3) in paragraph (12)(A)(i)--</DELETED>
                <DELETED>    (A) in subclause (II), by adding at the
                end a semicolon;</DELETED>
                <DELETED>    (B) by redesignating subclauses (III) and
                (IV) as subclauses (IV) and (V), respectively;
                and</DELETED>
                <DELETED>    (C) by inserting after subclause (II) the
                following:</DELETED>
                                <DELETED>    ``(III) a digital
                                commodity;'';</DELETED>
        <DELETED>    (4) by redesignating paragraphs (16) through (51)
        as paragraphs (17) through (52), respectively, and inserting
        after paragraph (15) the following:</DELETED>
        <DELETED>    ``(16) Terms related to digital commodities.--
        </DELETED>
                <DELETED>    ``(A) Associated person of a digital
                commodity broker.--</DELETED>
                        <DELETED>    ``(i) In general.--Except as
                        provided in clause (ii), the term `associated
                        person of a digital commodity broker' means a
                        person who is associated with a digital
                        commodity broker as a partner, officer,
                        employee, or agent (or any person occupying a
                        similar status or performing similar functions)
                        in any capacity that involves--</DELETED>
                                <DELETED>    ``(I) the solicitation or
                                acceptance of an order for the purchase
                                or sale of a digital commodity;
                                or</DELETED>
                                <DELETED>    ``(II) the supervision of
                                any person engaged in the solicitation
                                or acceptance of an order for the
                                purchase or sale of a digital
                                commodity.</DELETED>
                        <DELETED>    ``(ii) Exclusion.--The term
                        `associated person of a digital commodity
                        broker' does not include any person associated
                        with a digital commodity broker the functions
                        of which are solely clerical or
                        ministerial.</DELETED>
                <DELETED>    ``(B) Associated person of a digital
                commodity dealer.--</DELETED>
                        <DELETED>    ``(i) In general.--Except as
                        provided in clause (ii), the term `associated
                        person of a digital commodity dealer' means a
                        person who is associated with a digital
                        commodity dealer as a partner, officer,
                        employee, or agent (or any person occupying a
                        similar status or performing similar functions)
                        in any capacity that involves--</DELETED>
                                <DELETED>    ``(I) the solicitation or
                                acceptance of a contract for the
                                purchase or sale of a digital
                                commodity; or</DELETED>
                                <DELETED>    ``(II) the supervision of
                                any person engaged in the solicitation
                                or acceptance of a contract for the
                                purchase or sale of a digital
                                commodity.</DELETED>
                        <DELETED>    ``(ii) Exclusion.--The term
                        `associated person of a digital commodity
                        dealer' does not include any person associated
                        with a digital commodity dealer the functions
                        of which are solely clerical or
                        ministerial.</DELETED>
                <DELETED>    ``(C) Bank secrecy act.--The term `Bank
                Secrecy Act' means--</DELETED>
                        <DELETED>    ``(i) section 21 of the Federal
                        Deposit Insurance Act (12 U.S.C.
                        1829b);</DELETED>
                        <DELETED>    ``(ii) chapter 2 of title I of
                        Public Law 91-508 (12 U.S.C. 1951 et seq.);
                        and</DELETED>
                        <DELETED>    ``(iii) subchapter II of chapter
                        53 of title 31, United States Code.</DELETED>
                <DELETED>    ``(D) Decentralized finance messaging
                system.--</DELETED>
                        <DELETED>    ``(i) 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 for the
                        purpose of executing a transaction by the
                        user.</DELETED>
                        <DELETED>    ``(ii) Additional requirements.--
                        The term `decentralized finance messaging
                        system' does not include any system that
                        provides any person other than the user with
                        control over--</DELETED>
                                <DELETED>    ``(I) the funds of the
                                user; or</DELETED>
                                <DELETED>    ``(II) the execution of
                                the transaction of the user.</DELETED>
                <DELETED>    ``(E) Decentralized finance trading
                protocol.--</DELETED>
                        <DELETED>    ``(i) In general.--The term
                        `decentralized finance trading protocol' means
                        a blockchain system through which multiple
                        participants can execute a financial
                        transaction--</DELETED>
                                <DELETED>    ``(I) in accordance with
                                an automated rule or algorithm that is
                                predetermined and non-discretionary;
                                and</DELETED>
                                <DELETED>    ``(II) without reliance on
                                any other person to maintain control of
                                the digital assets of the user during
                                any part of the financial
                                transaction.</DELETED>
                        <DELETED>    ``(ii) Exclusions.--</DELETED>
                                <DELETED>    ``(I) In general.--The
                                term `decentralized finance trading
                                protocol' does not include a blockchain
                                system if--</DELETED>
                                        <DELETED>    ``(aa) 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 blockchain system;
                                        or</DELETED>
                                        <DELETED>    ``(bb) the
                                        blockchain 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 blockchain
                                        system.</DELETED>
                                <DELETED>    ``(II) Special rule.--For
                                purposes of subclause (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.</DELETED>
                <DELETED>    ``(F) Digital commodity.--</DELETED>
                        <DELETED>    ``(i) In general.--The term
                        `digital commodity' means a digital asset that
                        is intrinsically linked to a blockchain system,
                        and the value of which is derived from or is
                        reasonably expected to be derived from the use
                        of the blockchain system.</DELETED>
                        <DELETED>    ``(ii) Relationship to a
                        blockchain system.--For purposes of this
                        subparagraph, a digital asset is intrinsically
                        linked to a blockchain system if the digital
                        asset is directly related to the functionality
                        or operation of the blockchain system or to the
                        activities or services for which the blockchain
                        system is created or utilized, including where
                        the digital asset is--</DELETED>
                                <DELETED>    ``(I) issued or generated
                                by the programmatic functioning of the
                                blockchain system;</DELETED>
                                <DELETED>    ``(II) used to transfer
                                value between participants in the
                                blockchain system;</DELETED>
                                <DELETED>    ``(III) used to access the
                                activities or services of the
                                blockchain system;</DELETED>
                                <DELETED>    ``(IV) used to participate
                                in the decentralized governance system
                                of the blockchain system;</DELETED>
                                <DELETED>    ``(V) used or removed from
                                circulation in whole or in part to pay
                                fees or otherwise verify or validate
                                transactions on the blockchain
                                system;</DELETED>
                                <DELETED>    ``(VI) used as payment or
                                incentive to participants in the
                                blockchain system to engage in the
                                activities of the blockchain system,
                                provide services to other participants
                                in the blockchain system, or otherwise
                                participate in the functionality of the
                                blockchain system; or</DELETED>
                                <DELETED>    ``(VII) used as payment or
                                incentive to participants in the
                                blockchain system to validate
                                transactions, secure the blockchain
                                system, provide computational services,
                                maintain or distribute information, or
                                otherwise participate in the operations
                                of the blockchain system.</DELETED>
                        <DELETED>    ``(iii) Exclusion.--The term
                        `digital commodity' does not include any of the
                        following:</DELETED>
                                <DELETED>    ``(I) Security.--
                                </DELETED>
                                        <DELETED>    ``(aa) Any
                                        security, other than a note, an
                                        investment contract, or a
                                        certificate of interest or
                                        participation in any profit-
                                        sharing agreement.</DELETED>
                                        <DELETED>    ``(bb) A note, an
                                        investment contract, or a
                                        certificate of interest or
                                        participation in any profit-
                                        sharing agreement that--
                                        </DELETED>

                                                <DELETED>    ``(AA)
                                                represents or gives the
                                                holder an ownership
                                                interest or other
                                                interest in the
                                                revenues, profits,
                                                obligations, debts,
                                                assets, or assets or
                                                debts to be acquired of
                                                the issuer of the
                                                digital asset or
                                                another person (other
                                                than a decentralized
                                                governance
                                                system);</DELETED>

                                                <DELETED>    ``(BB)
                                                makes the holder a
                                                creditor of the issuer
                                                of the digital asset or
                                                another person;
                                                or</DELETED>

                                                <DELETED>    ``(CC)
                                                represents or gives the
                                                holder the right to
                                                receive interest or the
                                                return of principal
                                                from the issuer of the
                                                digital asset or
                                                another
                                                person.</DELETED>

                                <DELETED>    ``(II) Security
                                derivative.--A digital asset that,
                                based on its terms and other
                                characteristics, is, represents, or is
                                functionally equivalent to an
                                agreement, contract, or transaction
                                that is--</DELETED>
                                        <DELETED>    ``(aa) a security
                                        future, as defined in section
                                        2a of the Securities Act of
                                        1933;</DELETED>
                                        <DELETED>    ``(bb) a security-
                                        based swap, as defined in
                                        section 2a of the Securities
                                        Act of 1933;</DELETED>
                                        <DELETED>    ``(cc) a put,
                                        call, straddle, option, or
                                        privilege on any security,
                                        certificate of deposit, or
                                        group or index of securities
                                        (including any interest therein
                                        or based on the value thereof),
                                        as defined in section 2a of the
                                        Securities Act of 1933;
                                        or</DELETED>
                                        <DELETED>    ``(dd) a put,
                                        call, straddle, option, or
                                        privilege on any security, as
                                        defined in section 2a of the
                                        Securities Act of
                                        1933.</DELETED>
                                <DELETED>    ``(III) Permitted payment
                                stablecoin.--A digital asset that is a
                                permitted payment stablecoin.</DELETED>
                                <DELETED>    ``(IV) Banking deposit.--
                                </DELETED>
                                        <DELETED>    ``(aa) A deposit
                                        (as defined under section 3 of
                                        the Federal Deposit Insurance
                                        Act (12 U.S.C. 1813)),
                                        regardless of the technology
                                        used to record the
                                        deposit.</DELETED>
                                        <DELETED>    ``(bb) An account
                                        (as defined in section 101 of
                                        the Federal Credit Union Act
                                        (12 U.S.C. 1752)), regardless
                                        of the technology used to
                                        record the account.</DELETED>
                                <DELETED>    ``(V) Commodity.--A
                                digital asset that references,
                                represents an interest in, or is
                                functionally equivalent to--</DELETED>
                                        <DELETED>    ``(aa) an
                                        agricultural
                                        commodity;</DELETED>
                                        <DELETED>    ``(bb) an excluded
                                        commodity, other than a
                                        security; or</DELETED>
                                        <DELETED>    ``(cc) an exempt
                                        commodity, other than the
                                        digital commodity itself, as
                                        shall be further defined by the
                                        Commission.</DELETED>
                                <DELETED>    ``(VI) Commodity
                                derivative.--A digital asset that,
                                based on its terms and other
                                characteristics, is, represents, or is
                                functionally equivalent to an
                                agreement, contract, or transaction
                                that is--</DELETED>
                                        <DELETED>    ``(aa) a contract
                                        of sale of a commodity for
                                        future delivery or an option
                                        thereon;</DELETED>
                                        <DELETED>    ``(bb) a security
                                        futures product;</DELETED>
                                        <DELETED>    ``(cc) a
                                        swap;</DELETED>
                                        <DELETED>    ``(dd) an
                                        agreement, contract, or
                                        transaction described in
                                        section 2(c)(2)(C)(i) or
                                        section
                                        2(c)(2)(D)(i);</DELETED>
                                        <DELETED>    ``(ee) a commodity
                                        option authorized under section
                                        4c; or</DELETED>
                                        <DELETED>    ``(ff) a leverage
                                        transaction authorized under
                                        section 19.</DELETED>
                                <DELETED>    ``(VII) Pooled investment
                                vehicle.--</DELETED>
                                        <DELETED>    ``(aa) In
                                        general.--A digital asset not
                                        described by subclause (I)
                                        that, based on its terms and
                                        other characteristics, is,
                                        represents, or is functionally
                                        equivalent to an interest in--
                                        </DELETED>

                                                <DELETED>    ``(AA) a
                                                commodity pool, as
                                                defined in this Act;
                                                or</DELETED>

                                                <DELETED>    ``(BB) a
                                                pooled investment
                                                vehicle.</DELETED>

                                        <DELETED>    ``(bb) Pooled
                                        investment vehicle defined.--In
                                        this subclause, the term
                                        `pooled investment vehicle'
                                        means--</DELETED>

                                                <DELETED>    ``(AA) any
                                                investment company as
                                                defined in section 3(a)
                                                of the Investment
                                                Company Act of 1940 (15
                                                U.S.C. 80a-
                                                3(a));</DELETED>

                                                <DELETED>    ``(BB) any
                                                company (as defined in
                                                section 2 of such Act
                                                (15 U.S.C. 80a-2)) that
                                                would be an investment
                                                company under section
                                                3(a) of such Act but
                                                for the exclusions
                                                provided from that
                                                definition by section
                                                3(c) of such Act, if
                                                for purposes of this
                                                subclause the company
                                                were assumed to be an
                                                issuer (as defined in
                                                section 2 of such Act);
                                                or</DELETED>

                                                <DELETED>    ``(CC) any
                                                entity or person that
                                                is not an investment
                                                company but holds or
                                                will hold assets other
                                                than
                                                securities.</DELETED>

                                <DELETED>    ``(VIII) Good,
                                collectible, and other non-commodity
                                asset.--A digital asset that has value,
                                utility, or significance beyond its
                                mere existence as a digital asset,
                                including the digital equivalent of a
                                tangible or intangible good, such as--
                                </DELETED>
                                        <DELETED>    ``(aa) a work of
                                        art, a musical composition, a
                                        literary work, or other
                                        intellectual
                                        property;</DELETED>
                                        <DELETED>    ``(bb)
                                        collectibles, merchandise,
                                        virtual land, and video game
                                        assets;</DELETED>
                                        <DELETED>    ``(cc) affinity,
                                        rewards, or loyalty points,
                                        including airline miles or
                                        credit card points, that are
                                        not primarily speculative in
                                        nature; or</DELETED>
                                        <DELETED>    ``(dd) rights,
                                        licenses, and
                                        tickets.</DELETED>
                        <DELETED>    ``(iv) Rule of construction.--No
                        presumption shall exist that a digital asset is
                        a security, nor shall a digital asset be
                        excluded from being a digital commodity
                        pursuant to clause (iii)(I), solely due to--
                        </DELETED>
                                <DELETED>    ``(I) the digital asset
                                providing voting or economic rights
                                with respect to the blockchain system
                                to which the digital asset relates or
                                the decentralized governance system of
                                the blockchain system to which the
                                digital asset relates;</DELETED>
                                <DELETED>    ``(II) the value of the
                                digital asset having the potential to
                                appreciate or depreciate in response to
                                the efforts, operations, or financial
                                performance of the blockchain system to
                                which the digital asset relates or the
                                decentralized governance system of the
                                blockchain system to which the digital
                                asset relates; or</DELETED>
                                <DELETED>    ``(III) the value of the
                                digital asset appreciating or
                                depreciating due to the use of the
                                blockchain system to which the digital
                                asset relates or the decentralized
                                governance system of the blockchain
                                system to which the digital asset
                                relates.</DELETED>
                <DELETED>    ``(G) Digital commodity broker.--
                </DELETED>
                        <DELETED>    ``(i) In general.--The term
                        `digital commodity broker' means any person
                        who, as a regular business--</DELETED>
                                <DELETED>    ``(I) is engaged in--
                                </DELETED>
                                        <DELETED>    ``(aa) soliciting
                                        or accepting an order from a
                                        customer for--</DELETED>

                                                <DELETED>    ``(AA) the
                                                purchase or sale of a
                                                digital commodity;
                                                or</DELETED>

                                                <DELETED>    ``(BB) an
                                                agreement, contract, or
                                                transaction described
                                                in section
                                                2(c)(2)(D)(iv);
                                                and</DELETED>

                                        <DELETED>    ``(bb) in
                                        conjunction with the activities
                                        in item (aa), accepts or
                                        maintains control over--
                                        </DELETED>

                                                <DELETED>    ``(AA) the
                                                funds of any customer;
                                                or</DELETED>

                                                <DELETED>    ``(BB) the
                                                execution of any
                                                transaction of a
                                                customer;</DELETED>

                                <DELETED>    ``(II) is engaged in
                                soliciting or accepting orders from a
                                customer for the purchase or sale of a
                                unit of a digital commodity on or
                                subject to the rules of a registered
                                entity; or</DELETED>
                                <DELETED>    ``(III) is registered with
                                the Commission as a digital commodity
                                broker.</DELETED>
                        <DELETED>    ``(ii) Exceptions.--The term
                        `digital commodity broker' does not include a
                        person solely because the person--</DELETED>
                                <DELETED>    ``(I) solicits or accepts
                                an order described in clause
                                (i)(I)(aa)(AA) from a customer who is
                                an eligible contract
                                participant;</DELETED>
                                <DELETED>    ``(II) enters into 1 or
                                more digital commodity transactions
                                that are attributable or solely
                                incidental to making, sending,
                                receiving, or facilitating payments,
                                whether involving a payment service
                                provider or on a peer-to-peer basis;
                                or</DELETED>
                                <DELETED>    ``(III) is a bank (as
                                defined under section 3(a) of the
                                Securities Exchange Act of 1934)
                                engaging in certain banking activities
                                with respect to a digital commodity in
                                the same or a similar manner as a bank
                                is excluded from the definition of a
                                broker under such section, as
                                determined by the Commission.</DELETED>
                        <DELETED>    ``(iii) Further definition.--The
                        Commission, by rule or regulation, may exclude
                        from the term `digital commodity broker' any
                        person or class of persons if the Commission
                        determines that the rule or regulation will
                        effectuate the purposes of this Act.</DELETED>
                <DELETED>    ``(H) Digital commodity dealer.--
                </DELETED>
                        <DELETED>    ``(i) In general.--The term
                        `digital commodity dealer' means any person
                        who, as a regular business--</DELETED>
                                <DELETED>    ``(I) is, or offers to be
                                a counterparty to a person for the
                                purchase or sale of a digital commodity
                                as a regular business, and in
                                conjunction with the activities,
                                accepts or maintains control over the
                                funds of any counterparty; or</DELETED>
                                <DELETED>    ``(II) is registered with
                                the Commission as a digital commodity
                                dealer.</DELETED>
                        <DELETED>    ``(ii) Exception.--The term
                        `digital commodity dealer' does not include a
                        person solely because the person--</DELETED>
                                <DELETED>    ``(I) is or offers to be a
                                counterparty to a person who is an
                                eligible contract
                                participant;</DELETED>
                                <DELETED>    ``(II) enters into a
                                digital commodity transaction with an
                                eligible contract
                                participant;</DELETED>
                                <DELETED>    ``(III) enters into a
                                digital commodity transaction on or
                                through a registered digital commodity
                                exchange, with a registered digital
                                commodity broker, or through a
                                decentralized finance trading
                                protocol;</DELETED>
                                <DELETED>    ``(IV) enters into a
                                digital commodity transaction for the
                                person's own account, either
                                individually or in a fiduciary
                                capacity, but not as a part of a
                                regular business;</DELETED>
                                <DELETED>    ``(V) enters into 1 or
                                more digital commodity transactions
                                that are attributable or solely
                                incidental to making, sending,
                                receiving, or facilitating payments,
                                whether involving a payment service
                                provider or on a peer-to-peer basis;
                                or</DELETED>
                                <DELETED>    ``(VI) is a bank (as
                                defined under section 3(a) of the
                                Securities Exchange Act of 1934)
                                engaging in certain banking activities
                                with respect to a digital commodity in
                                the same or a similar manner as a bank
                                is excluded from the definition of a
                                dealer under section 3(a)(5) of such
                                Act, as determined by the
                                Commission.</DELETED>
                        <DELETED>    ``(iii) Further definition.--The
                        Commission, by rule or regulation, may exclude
                        from the term `digital commodity dealer' any
                        person or class of persons if the Commission
                        determines that the rule or regulation will
                        effectuate the purposes of this Act.</DELETED>
                <DELETED>    ``(I) Digital commodity exchange.--The
                term `digital commodity exchange' means a trading
                facility that offers or seeks to offer a cash or spot
                market in at least 1 digital commodity.</DELETED>
                <DELETED>    ``(J) Mixed digital asset transaction.--
                The term `mixed digital asset transaction' means a
                transaction in which a digital commodity is traded for
                a security.</DELETED>
                <DELETED>    ``(K) Terms defined under the securities
                act of 1933.--The terms `blockchain system',
                `decentralized governance system', `digital asset',
                `digital commodity issuer', `digital commodity
                affiliated person', `digital commodity related person',
                `end user distribution', `mature blockchain system',
                `permitted payment stablecoin', and `permitted payment
                stablecoin issuer' have the meaning given those terms,
                respectively, under section 2(a) of the Securities Act
                of 1933 (15 U.S.C. 77b(a)).''; and</DELETED>
        <DELETED>    (5) in paragraph (41) (as so redesignated by
        paragraph (4) of this subsection)--</DELETED>
                <DELETED>    (A) by striking ``and'' at the end of
                subparagraph (E);</DELETED>
                <DELETED>    (B) by striking the period at the end of
                subparagraph (F) and inserting ``; and''; and</DELETED>
                <DELETED>    (C) by adding at the end the
                following:</DELETED>
                <DELETED>    ``(G) a digital commodity exchange
                registered under section 5i.''.</DELETED>
<DELETED>    (b) Conforming Amendments.--</DELETED>
        <DELETED>    (1) Each of the following provisions of law is
        amended by striking ``1a(18)'' and inserting
        ``1a(19)'':</DELETED>
                <DELETED>    (A) Section 4s(h)(5)(A)(i) of the
                Commodity Exchange Act (7 U.S.C.
                6s(h)(5)(A)(i)).</DELETED>
                <DELETED>    (B) Section 5(e) of the Securities Act of
                1933 (15 U.S.C. 77e(e)).</DELETED>
                <DELETED>    (C) Section 6(g)(5)(B) of the Securities
                Exchange Act of 1934 (15 U.S.C.
                78f(g)(5)(B)).</DELETED>
                <DELETED>    (D) Section 15F(h)(5)(A)(i) of the
                Securities Exchange Act of 1934 (15 U.S.C. 78o-
                10(h)(5)(A)(i)).</DELETED>
        <DELETED>    (2) Section 752 of the Wall Street Transparency
        and Accountability Act of 2010 (15 U.S.C. 8325) is amended by
        striking ``1a(39)'' and inserting ``1a(40)''.</DELETED>
        <DELETED>    (3) Section 4s(f)(1)(D) of the Commodity Exchange
        Act (7 U.S.C. 6s(f)(1)(D)) is amended by striking ``1a(47)(A)''
        and inserting ``1a(48)(A)''.</DELETED>
        <DELETED>    (4) Each of the following provisions of the
        Commodity Exchange Act is amended by striking ``1a(47)(A)(v)''
        and inserting ``1a(48)(A)(v)'':</DELETED>
                <DELETED>    (A) Section 4t(b)(1)(C) (7 U.S.C.
                6t(b)(1)(C)).</DELETED>
                <DELETED>    (B) Section 5(d)(23) (7 U.S.C.
                7(d)(23)).</DELETED>
                <DELETED>    (C) Section 5b(k)(3) (7 U.S.C. 7a-
                1(k)(3)).</DELETED>
                <DELETED>    (D) Section 5h(f)(10)(A)(iii) (7 U.S.C.
                7b-3(f)(10)(A)(iii)).</DELETED>
        <DELETED>    (5) Section 21(f)(4)(C) of the Commodity Exchange
        Act (7 U.S.C. 24a(f)(4)(C)) is amended by striking ``1a(48)''
        and inserting ``1a(49)''.</DELETED>
        <DELETED>    (6) Section 403 of the Legal Certainty for Bank
        Products Act of 2000 (7 U.S.C. 27a) is amended--</DELETED>
                <DELETED>    (A) in subsection (a)(2), by striking
                ``1a(47)(A)(v)'' and inserting ``1a(48)(A)(v)'';
                and</DELETED>
                <DELETED>    (B) in each of subsections (b)(1) and
                (c)(2), by striking ``1a(47)'' and inserting
                ``1a(48)''.</DELETED>
        <DELETED>    (7) Section 712 of the Wall Street Transparency
        and Accountability Act of 2010 (15 U.S.C. 8302) is amended--
        </DELETED>
                <DELETED>    (A) in subsection (a)(8), by striking
                ``1a(47)(D)'' each place it appears and inserting
                ``1a(48)(D)''; and</DELETED>
                <DELETED>    (B) in subsection (d)(1), by striking
                ``1a(47)(A)(v)'' each place it appears and inserting
                ``1a(48)(A)(v)''.</DELETED>

<DELETED>SEC. 104. DEFINITIONS UNDER THIS ACT.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Definitions under the commodity exchange
        act.--The terms ``decentralized finance messaging system'',
        ``decentralized finance trading protocol'', ``digital
        commodity'', ``digital commodity broker'', ``digital commodity
        dealer'', ``digital commodity exchange'', and ``mixed digital
        asset transaction'' have the meaning given those terms,
        respectively, under section 1a of the Commodity Exchange Act (7
        U.S.C. 1a).</DELETED>
        <DELETED>    (2) Definitions under the securities act of
        1933.--The terms ``blockchain'', ``blockchain system'',
        ``blockchain protocol'', ``decentralized governance system'',
        ``digital asset'', ``digital commodity issuer'', ``end user
        distribution'', ``mature blockchain system'', ``permitted
        payment stablecoin'', and ``permitted payment stablecoin
        issuer'' have the meaning given those terms, respectively,
        under section 2(a) of the Securities Act of 1933 (15 U.S.C.
        77b(a)).</DELETED>
        <DELETED>    (3) Definitions under the securities exchange act
        of 1934.--The terms ``Bank Secrecy Act'', ``securities laws'',
        and ``self-regulatory organization'' have the meaning given
        those terms, respectively, under section 3(a) of the Securities
        Exchange Act of 1934 (15 U.S.C. 78c(a)).</DELETED>

<DELETED>SEC. 105. RULEMAKINGS.</DELETED>

<DELETED>    (a) Definitions.--The Commodity Futures Trading Commission
and the Securities and Exchange Commission shall jointly issue rules to
further define the following terms:</DELETED>
        <DELETED>    (1) The terms--</DELETED>
                <DELETED>    (A) ``blockchain'', ``blockchain
                application'', ``blockchain system'', ``blockchain
                protocol'', ``decentralized governance system'',
                ``digital commodity affiliated person'', ``digital
                commodity issuer'', ``digital commodity related
                person'', ``end user distribution'', and ``mature
                blockchain system'', as defined under section 2(a) of
                the Securities Act of 1933;</DELETED>
                <DELETED>    (B) ``unilateral authority'', as such term
                is used in section 42 of the Securities Exchange Act of
                1934 and section 1a of the Commodity Exchange Act;
                and</DELETED>
                <DELETED>    (C) ``programmatic functioning'', as such
                term is used in sections 4C of the Securities Act of
                1933, section 42 of the Securities Exchange Act of
                1934, and section 1a of the Commodity Exchange
                Act.</DELETED>
        <DELETED>    (2) The terms ``digital commodity'',
        ``decentralized finance messaging system'', and ``decentralized
        finance trading protocol'', as defined under section 1a of the
        Commodity Exchange Act.</DELETED>
<DELETED>    (b) Joint Rulemaking for Mixed Digital Asset
Transactions.--The Securities and Exchange Commission and the Commodity
Futures Trading Commission shall jointly issue rules applicable to
mixed digital asset transactions under this Act and the amendments made
by this Act, including by further defining such term.</DELETED>
<DELETED>    (c) Protection of Self-Custody.--</DELETED>
        <DELETED>    (1) In general.--A United States individual shall
        retain the right to--</DELETED>
                <DELETED>    (A) maintain a hardware wallet or software
                wallet for the purpose of facilitating the individual's
                own lawful custody of digital assets; and</DELETED>
                <DELETED>    (B) engage in direct, peer-to-peer
                transactions in digital assets with another individual
                or entity for the individual's own lawful purposes
                using a hardware wallet or software wallet, if--
                </DELETED>
                        <DELETED>    (i) such other individual or
                        entity is not a financial institution (as
                        defined in section 5312 of title 31, United
                        States Code); and</DELETED>
                        <DELETED>    (ii) the transactions do not
                        involve any property or interests in property
                        that are blocked pursuant to, or are otherwise
                        prohibited by, United States
                        sanctions.</DELETED>
        <DELETED>    (2) Application.--This subsection--</DELETED>
                <DELETED>    (A) applies solely to personal use by
                individuals; and</DELETED>
                <DELETED>    (B) does not apply to individuals acting
                in a custodial or fiduciary capacity for
                others.</DELETED>
        <DELETED>    (3) Rule of construction.--Nothing in this
        subsection shall be construed to limit the authority of the
        Secretary of the Treasury, the Securities and Exchange
        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--</DELETED>
                <DELETED>    (A) 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</DELETED>
                <DELETED>    (B) any other law relating to illicit
                finance, money laundering, terrorism financing, or
                United States sanctions.</DELETED>
<DELETED>    (d) Joint Rulemaking, Procedures, or Guidance for
Delisting.--Not later than 180 days after the date of the enactment of
this Act, the Commodity Futures Trading Commission and the Securities
and Exchange Commission shall jointly issue rules, procedures, or
guidance (as determined appropriate by the Commissions) regarding the
process to delist an asset for trading under section 106 if the
Commissions determine that the listing is inconsistent with the
Commodity Exchange Act, the securities laws (including regulations
under those laws), or this Act.</DELETED>
<DELETED>    (e) Joint Rules for Portfolio Margining Determinations.--
</DELETED>
        <DELETED>    (1) In general.--Not later than 360 days after the
        date of the enactment of this Act, the Commodity Futures
        Trading Commission and the Securities and Exchange Commission
        shall jointly issue rules describing the process for persons
        registered with either such Commission to seek a joint order or
        determination with respect to margin, customer protection,
        segregation, or other requirements as necessary to facilitate
        portfolio margining of securities (including related extensions
        of credit), security-based swaps, contracts for future
        delivery, options on a contract for future delivery, swaps, and
        digital commodities, or any subset thereof, in--</DELETED>
                <DELETED>    (A) a securities account carried by a
                registered broker or dealer or a security-based swap
                account carried by a registered security-based swap
                dealer;</DELETED>
                <DELETED>    (B) a futures or cleared swap account
                carried by a registered futures commission
                merchant;</DELETED>
                <DELETED>    (C) a swap account carried by a swap
                dealer; or</DELETED>
                <DELETED>    (D) a digital commodity account carried by
                a registered digital commodity broker or digital
                commodity dealer that is also registered in such other
                capacity as is necessary to also carry the other
                customer or counterparty positions being held in the
                account.</DELETED>
        <DELETED>    (2) Process.--With respect to a joint order or
        determination described in paragraph (1), the rules required to
        be issued pursuant to paragraph (1) shall require--</DELETED>
                <DELETED>    (A) the joint order or determination to be
                issued only if the order or determination is in the
                public interest and provides for the appropriate
                protection of customers;</DELETED>
                <DELETED>    (B) applicants to file a standard
                application, in a form and manner determined by the
                Securities and Exchange Commission and the Commodity
                Futures Trading Commission, which shall include the
                information necessary to make the joint order or
                determination;</DELETED>
                <DELETED>    (C) the Securities and Exchange Commission
                and the Commodity Futures Trading Commission to make a
                final determination not later than 270 days after the
                filing of a completed application;</DELETED>
                <DELETED>    (D) the Securities and Exchange Commission
                and the Commodity Futures Trading Commission to
                consider the public interest of the joint order or
                determination through the solicitation of public
                comments; and</DELETED>
                <DELETED>    (E) the Securities and Exchange Commission
                and the Commodity Futures Trading Commission to consult
                with other relevant foreign or domestic regulators,
                including the Board of Governors of the Federal Reserve
                System, the Federal Deposit Insurance Corporation, and
                the Office of the Comptroller of the Currency, as
                appropriate.</DELETED>
<DELETED>    (f) Capital Requirements to Address Netting Agreements.--
No later than 360 days following the date of enactment of this Act, the
Board of Governors of the Federal Reserve System, the Comptroller of
the Currency, and the Federal Deposit Insurance Corporation shall
develop risk-based and leverage capital requirements for insured
depository institutions, depository institution holding companies, and
nonbank financial companies supervised by the Board of Governors that
address netting agreements that provide for termination and close-out
netting across multiple types of financial transactions, consistent
with subsection (e), in the event of a counterparty's
default.</DELETED>

<DELETED>SEC. 106. EXPEDITED REGISTRATION FOR DIGITAL COMMODITY
              EXCHANGES, BROKERS, AND DEALERS; PROVISIONAL
              STATUS.</DELETED>

<DELETED>    (a) Registration.--</DELETED>
        <DELETED>    (1) In general.--Unless exempted from
        registration, a person shall not act as a digital commodity
        broker, digital commodity dealer, or digital commodity exchange
        after the end of the 90-day period beginning on the date the
        process described in paragraph (2) is adopted by the Commodity
        Futures Trading Commission, unless, as the case may be, the
        person is registered as a--</DELETED>
                <DELETED>    (A) digital commodity broker pursuant to
                section 4u of the Commodity Exchange Act;</DELETED>
                <DELETED>    (B) digital commodity dealer pursuant to
                section 4u of the Commodity Exchange Act; or</DELETED>
                <DELETED>    (C) digital commodity exchange pursuant to
                section 5i of the Commodity Exchange Act.</DELETED>
        <DELETED>    (2) Expedited process.--Within 180 days after the
        date of the enactment of this Act, the Commodity Futures
        Trading Commission shall adopt, by rule, regulation, or order,
        a process for expedited registration of persons required to be
        registered pursuant to paragraph (1).</DELETED>
<DELETED>    (b) Provisional Status.--</DELETED>
        <DELETED>    (1) In general.--A person who is registered in
        accordance with subsection (a) of this section shall be in
        provisional status until--</DELETED>
                <DELETED>    (A) in the case of a digital commodity
                broker or dealer, 270 days after the final effective
                date of the rulemakings required under section 4u of
                the Commodity Exchange Act; or</DELETED>
                <DELETED>    (B) in the case of a digital commodity
                exchange, 270 days after the final effective date of
                the rulemakings required under section 5i of such
                Act.</DELETED>
        <DELETED>    (2) Payment of fees.--A person in provisional
        status shall pay all fees and penalties required under section
        410.</DELETED>
<DELETED>    (c) Operations Prior to Regulations.--</DELETED>
        <DELETED>    (1) Requirements.--A person in provisional status
        shall be subject to the requirements of this section and the
        Commodity Exchange Act and any rules or regulations promulgated
        under this section or the Commodity Exchange Act, as
        applicable.</DELETED>
        <DELETED>    (2) Listings.--</DELETED>
                <DELETED>    (A) In general.--Except as provided in
                subparagraph (B), a person in provisional status may
                continue to offer, solicit, trade, facilitate, execute,
                clear, report, or otherwise deal in any digital asset
                offered on or through the facilities of the person
                before the date of registration under this section,
                until such time as the joint rulemaking on definitions
                required under section 105(a) is effective.</DELETED>
                <DELETED>    (B) Delisting.--Before the effective date
                of the joint rulemaking on definitions under section
                105(a), a person in provisional status shall cease
                offering, soliciting, trading, facilitating, executing,
                clearing, reporting, or otherwise dealing in any
                digital asset required to be delisted pursuant to a
                joint delisting process established under section
                105(d).</DELETED>
        <DELETED>    (3) Exemptive authority.--In order to promote
        responsible innovation and fair competition, or protect
        customers, the Commodity Futures Trading Commission may exempt
        any persons or class of persons registered pursuant to
        subsection (a) and in provisional status pursuant to subsection
        (b) from any requirements of this section or the Commodity
        Exchange Act or any rules or regulations promulgated under this
        section or the Commodity Exchange Act, as applicable.</DELETED>
<DELETED>    (d) Customer Disclosure Before Registration.--</DELETED>
        <DELETED>    (1) In general.--Beginning 30 days after the date
        of the enactment of this Act, any person acting as a digital
        commodity exchange, digital commodity broker, or digital
        commodity dealer shall disclose to the customers of the person
        so acting, in the disclosure documents, offering documents, and
        promotional material of the person so acting, in a prominent
        manner, that the person is not registered with or regulated by
        the Commodity Futures Trading Commission.</DELETED>
        <DELETED>    (2) Expiration.--Paragraph (1) of this subsection
        shall not apply to any person who registers pursuant to
        subsection (a).</DELETED>

<DELETED>SEC. 107. COMMODITY EXCHANGE ACT AND SECURITIES LAWS SAVINGS
              PROVISIONS.</DELETED>

<DELETED>    (a) In General.--Nothing in this Act shall affect or apply
to, or be interpreted to affect or apply to--</DELETED>
        <DELETED>    (1) any agreement, contract, or transaction that
        is subject to the Commodity Exchange Act as--</DELETED>
                <DELETED>    (A) a contract of sale of a commodity for
                future delivery or an option on such a
                contract;</DELETED>
                <DELETED>    (B) a swap;</DELETED>
                <DELETED>    (C) a security futures product;</DELETED>
                <DELETED>    (D) an option authorized under section 4c
                of such Act;</DELETED>
                <DELETED>    (E) an agreement, contract, or transaction
                described in section 2(c)(2)(C)(i) of such Act;
                or</DELETED>
                <DELETED>    (F) a leverage transaction authorized
                under section 19 of such Act;</DELETED>
        <DELETED>    (2) any agreement, contract, or transaction that
        is subject to the securities laws as--</DELETED>
                <DELETED>    (A) a security-based swap;</DELETED>
                <DELETED>    (B) a security futures product;
                or</DELETED>
                <DELETED>    (C) an option on or based on the value of
                a security; or</DELETED>
        <DELETED>    (3) the activities of any person with respect to
        any such agreement, contract, or transaction.</DELETED>
<DELETED>    (b) Prohibitions on Spot Digital Commodity Entities.--
Nothing in this Act authorizes, or shall be interpreted to authorize, a
digital commodity exchange, digital commodity broker, or digital
commodity dealer to engage in any activities involving any transaction,
contract, or agreement described in subsection (a)(1), solely by virtue
of being registered as a digital commodity exchange, digital commodity
broker, or digital commodity dealer.</DELETED>
<DELETED>    (c) Definitions.--In this section, each term shall have
the meaning provided in the Commodity Exchange Act or the regulations
prescribed under such Act.</DELETED>

<DELETED>SEC. 108. ADMINISTRATIVE REQUIREMENTS.</DELETED>

<DELETED>    Section 4c(a) of the Commodity Exchange Act (7 U.S.C.
6c(a)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (3)--</DELETED>
                <DELETED>    (A) in subparagraph (B), by striking
                ``or'' at the end;</DELETED>
                <DELETED>    (B) in subparagraph (C), by striking the
                period and inserting ``; or''; and</DELETED>
                <DELETED>    (C) by adding at the end the
                following:</DELETED>
                <DELETED>    ``(D) a contract of sale of a digital
                commodity.'';</DELETED>
        <DELETED>    (2) in paragraph (4)--</DELETED>
                <DELETED>    (A) in subparagraph (A)--</DELETED>
                        <DELETED>    (i) in clause (ii), by striking
                        ``or'' at the end;</DELETED>
                        <DELETED>    (ii) in clause (iii), by striking
                        the period and inserting ``; or'';
                        and</DELETED>
                        <DELETED>    (iii) by adding at the end the
                        following:</DELETED>
                        <DELETED>    ``(iv) a contract of sale of a
                        digital commodity.'';</DELETED>
                <DELETED>    (B) in subparagraph (B)--</DELETED>
                        <DELETED>    (i) in clause (ii), by striking
                        ``or'' at the end;</DELETED>
                        <DELETED>    (ii) in clause (iii), by striking
                        the period and inserting ``; or'';
                        and</DELETED>
                        <DELETED>    (iii) by adding at the end the
                        following:</DELETED>
                        <DELETED>    ``(iv) a contract of sale of a
                        digital commodity.''; and</DELETED>
                <DELETED>    (C) in subparagraph (C)--</DELETED>
                        <DELETED>    (i) in clause (ii), by striking
                        ``or'' at the end;</DELETED>
                        <DELETED>    (ii) by striking ``(iii) a swap,
                        provided however,'' and inserting the
                        following:</DELETED>
                        <DELETED>    ``(iii) a swap; or</DELETED>
                        <DELETED>    ``(iv) a contract of sale of a
                        digital commodity,</DELETED>
                <DELETED>provided, however,''; and</DELETED>
                        <DELETED>    (iii) by striking ``clauses (i),
                        (ii), or (iii)'' and insert ``any of clauses
                        (i) through (iv)''.</DELETED>

<DELETED>SEC. 109. TREATMENT OF CERTAIN NON-CONTROLLING BLOCKCHAIN
              DEVELOPERS.</DELETED>

<DELETED>    (a) In General.--Notwithstanding applicable law, a non-
controlling blockchain developer or provider of a blockchain service
shall not be treated as a money transmitter or as engaged in ``money
transmitting'' or, following the date of enactment of this Act, be
otherwise subject to any new registration requirement that is
substantially similar to the requirement that currently applies to
money transmitters, solely on the basis of--</DELETED>
        <DELETED>    (1) creating or publishing software to facilitate
        the creation of, or provision of maintenance services to, a
        blockchain or blockchain service;</DELETED>
        <DELETED>    (2) providing hardware or software to facilitate a
        customer's own custody or safekeeping of the customer's digital
        assets; or</DELETED>
        <DELETED>    (3) providing infrastructure support to maintain a
        blockchain service.</DELETED>
<DELETED>    (b) Rule of Construction.--Nothing in this section shall
be construed to affect whether a blockchain developer or provider of a
blockchain service is otherwise subject to classification or treatment
as a money transmitter, or as engaged in ``money transmitting'', under
applicable State or Federal law, including laws relating to anti-money
laundering or countering the financing of terrorism, based on conduct
outside the scope of subsection (a). Nothing in this section shall be
construed to affect whether a blockchain developer or provider of a
blockchain service is otherwise subject to classification or treatment
as a financial institution under the Bank Secrecy Act, this Act, or any
Act enacted after the date of enactment of this Act.</DELETED>
<DELETED>    (c) Effect on Other Laws.--</DELETED>
        <DELETED>    (1) Intellectual property law.--Nothing in this
        section shall be construed to limit or expand any law
        pertaining to intellectual property.</DELETED>
        <DELETED>    (2) State law.--Nothing in this section shall be
        construed to prevent any State from enforcing any State law
        that is consistent with this section. No cause of action may be
        brought and no liability may be imposed under any State or
        local law that is inconsistent with this section.</DELETED>
<DELETED>    (d) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Blockchain developer.--The term ``blockchain
        developer'' means any person or business that creates or
        publishes software to facilitate the creation of, or provide
        maintenance to, a blockchain or a blockchain service.</DELETED>
        <DELETED>    (2) Blockchain service.--The term ``blockchain
        service'' means any information, transaction, or computing
        service or system that provides or enables access to a
        blockchain network by multiple users, including specifically a
        service or system that enables users to send, receive,
        exchange, or store digital assets described by blockchain
        networks.</DELETED>
        <DELETED>    (3) Non-controlling blockchain developer or
        provider of a blockchain service.--The term ``non-controlling
        blockchain developer or provider of a blockchain service''
        means a blockchain developer or provider of a blockchain
        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 that users are entitled to, without
        the approval, consent, or direction of any other third
        party.</DELETED>

<DELETED>SEC. 110. APPLICATION OF THE BANK SECRECY ACT.</DELETED>

<DELETED>    (a) In General.--Section 5312(c)(1)(A) of title 31, United
States Code, is amended--</DELETED>
        <DELETED>    (1) by inserting ``digital commodity broker,
        digital commodity dealer,'' after ``futures commission
        merchant,''; and</DELETED>
        <DELETED>    (2) by inserting before the period the following:
        ``and any digital commodity exchange registered, or required to
        register, under the Commodity Exchange Act which permits direct
        customer access''.</DELETED>
<DELETED>    (b) Bank Secrecy Act Requirements.--</DELETED>
        <DELETED>    (1) Regulations.--The Secretary of the Treasury,
        acting through the Director of the Financial Crimes Enforcement
        Network, and in consultation with Commodity Futures Trading
        Commission, shall issue requirements consistent with the
        requirements of futures commission merchants to apply the Bank
        Secrecy Act to digital commodity brokers, digital commodity
        dealers, and digital commodity exchanges that are tailored to
        the size and complexity of such entities, including by
        requiring each such entity to--</DELETED>
                <DELETED>    (A) establish and maintain an anti-money
                laundering and countering the financing of terrorism
                program, which shall include--</DELETED>
                        <DELETED>    (i) an appropriate risk
                        assessment;</DELETED>
                        <DELETED>    (ii) the development of internal
                        policies, procedures, and controls;</DELETED>
                        <DELETED>    (iii) the designation of a
                        compliance officer;</DELETED>
                        <DELETED>    (iv) an ongoing employee training
                        program; and</DELETED>
                        <DELETED>    (v) an independent audit function
                        to test such program;</DELETED>
                <DELETED>    (B) retain appropriate records of
                transactions;</DELETED>
                <DELETED>    (C) monitor and report suspicious
                activity, which may include use of appropriate
                distributed ledger analytics; and</DELETED>
                <DELETED>    (D) maintain an effective customer
                identification program to identify and verify account
                holders and carry out appropriate customer due
                diligence.</DELETED>
        <DELETED>    (2) Compliance with sanctions.--A digital
        commodity broker, digital commodity dealer, or digital
        commodity exchange shall comply with all laws and regulations
        related to United States sanctions administered by the Office
        of Foreign Assets Control.</DELETED>

<DELETED>SEC. 111. RULE OF CONSTRUCTION.</DELETED>

<DELETED>    Nothing in this Act, or the amendments made by this Act,
shall be construed to limit or prevent the continued application of
applicable ethics statutes and regulations administered by the Office
of Government Ethics, or the ethics rules of the Senate and the House
of Representatives, including section 208 of title 18, United States
Code, and sections 2635.702 and 2635.802 of title 5, Code of Federal
Regulations. For the avoidance of doubt, existing Office of Government
Ethics laws and the ethics rules of the Senate and the House of
Representatives prohibit any member of Congress or senior executive
branch official from issuing a digital commodity during their time in
public service. For the purposes of this section, an employee described
in section 202 of title 18, United States Code, shall be deemed an
executive branch employee for purposes of complying with section 208 of
that title.</DELETED>

<DELETED>SEC. 112. IMPLEMENTATION.</DELETED>

<DELETED>    (a) Global Rulemaking Timeframe.--Unless otherwise
provided in this Act or an amendment made by this Act, the Commodity
Futures Trading Commission and the Securities and Exchange Commission,
or both, shall individually, and jointly where required, promulgate
rules and regulations required of each Commission under this Act or an
amendment made by this Act not later than 360 days after the date of
enactment of this Act.</DELETED>
<DELETED>    (b) Rules and Registration Before Final Effective Dates.--
</DELETED>
        <DELETED>    (1) In general.--In order to prepare for the
        implementation of this Act, the Commodity Futures Trading
        Commission and the Securities and Exchange Commission may,
        before any effective date provided in this Act--</DELETED>
                <DELETED>    (A) promulgate rules, regulations, or
                orders permitted or required by this Act;</DELETED>
                <DELETED>    (B) conduct studies and prepare reports
                and recommendations required by this Act;</DELETED>
                <DELETED>    (C) register persons under this Act;
                and</DELETED>
                <DELETED>    (D) exempt persons, agreements, contracts,
                or transactions from provisions of this Act, under the
                terms contained in this Act.</DELETED>
        <DELETED>    (2) Limitation on effectiveness.--An action by the
        Commodity Futures Trading Commission or the Securities and
        Exchange Commission under paragraph (1) shall not become
        effective before the effective date otherwise applicable to the
        action under this Act.</DELETED>

  <DELETED>TITLE II--OFFERS AND SALES OF DIGITAL COMMODITIES</DELETED>

<DELETED>SEC. 201. TREATMENT OF INVESTMENT CONTRACT ASSETS.</DELETED>

<DELETED>    (a) Securities Act of 1933.--Section 2(a) of the
Securities Act of 1933 (15 U.S.C. 77b(a)), as amended by section 101,
is further amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by adding at the end the
        following: ``The term `investment contract' does not include an
        investment contract asset.''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(36) The term `investment contract asset' means
        a digital commodity--</DELETED>
                <DELETED>    ``(A) that can be exclusively possessed
                and transferred, person to person, without necessary
                reliance on an intermediary, and is recorded on a
                blockchain; and</DELETED>
                <DELETED>    ``(B) sold or otherwise transferred, or
                intended to be sold or otherwise transferred, pursuant
                to an investment contract.''.</DELETED>
<DELETED>    (b) Investment Advisers Act of 1940.--Section 202(a)(18)
of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(18)) is
amended by adding at the end the following: ``The term `investment
contract' does not include an investment contract asset (as such term
is defined under section 2(a) of the Securities Act of
1933).''.</DELETED>
<DELETED>    (c) Investment Company Act of 1940.--Section 2(a)(36) of
the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)(36)) is amended
by adding at the end the following: ``The term `investment contract'
does not include an investment contract asset (as such term is defined
under section 2(a) of the Securities Act of 1933).''.</DELETED>
<DELETED>    (d) Securities Exchange Act of 1934.--Section 3(a)(10) of
the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(10)) is amended
by adding at the end the following: ``The term `investment contract'
does not include an investment contract asset (as such term is defined
under section 2(a) of the Securities Act of 1933).''.</DELETED>
<DELETED>    (e) Securities Investor Protection Act of 1970.--Section
16(14) of the Securities Investor Protection Act of 1970 (15 U.S.C.
78lll(14)) is amended by adding at the end the following: ``The term
`investment contract' does not include an investment contract asset (as
such term is defined under section 2(a) of the Securities Act of
1933).''.</DELETED>

<DELETED>SEC. 202. EXEMPTED PRIMARY TRANSACTIONS IN DIGITAL
              COMMODITIES.</DELETED>

<DELETED>    (a) In General.--The Securities Act of 1933 (15 U.S.C. 77a
et seq.) is amended--</DELETED>
        <DELETED>    (1) in section 4(a), by adding at the end the
        following:</DELETED>
        <DELETED>    ``(8) the offer or sale of an investment contract
        involving units of a digital commodity by its digital commodity
        issuer (including all entities controlled by or under common
        control with the issuer), if--</DELETED>
                <DELETED>    ``(A) the blockchain system to which the
                digital commodity relates, together with the digital
                commodity, is certified as a mature blockchain system
                under section 42 of the Securities Exchange Act of 1934
                or the issuer intends for the blockchain system to
                which the digital commodity relates to be a mature
                blockchain system by the later of--</DELETED>
                        <DELETED>    ``(i) the date that is four years
                        after the first sale of the investment contract
                        involving a unit of such digital commodity in
                        reliance on the exemption provided under this
                        paragraph, subject to any extensions as may be
                        granted by the Commission; or</DELETED>
                        <DELETED>    ``(ii) the date that is four years
                        after the effective date of this
                        paragraph;</DELETED>
                <DELETED>    ``(B) the sum of all cash and other
                consideration to be received by the digital commodity
                issuer in reliance on the exemption provided under this
                paragraph, during the 12-month period preceding the
                date of such offering, including the amount received in
                such offering, is not more than $50,000,000 (as such
                amount is annually adjusted by the Commission to
                reflect the change in the Consumer Price Index for All
                Urban Consumers published by the Bureau of Labor
                Statistics of the Department of Labor);</DELETED>
                <DELETED>    ``(C) after the completion of the
                transaction, a purchaser does not own more than 10
                percent of the total amount of the outstanding units of
                the digital commodity;</DELETED>
                <DELETED>    ``(D) the transaction does not involve the
                offer or sale of an investment contract involving units
                of a digital commodity by its digital commodity issuer
                that--</DELETED>
                        <DELETED>    ``(i) is not organized under the
                        laws of a State, a territory of the United
                        States, or the District of Columbia;</DELETED>
                        <DELETED>    ``(ii) is a development stage
                        company that either--</DELETED>
                                <DELETED>    ``(I) has no specific
                                business plan or purpose; or</DELETED>
                                <DELETED>    ``(II) has indicated that
                                the business plan of the company is to
                                merge with or acquire an unidentified
                                company;</DELETED>
                        <DELETED>    ``(iii) is an investment company,
                        as defined in section 3 of the Investment
                        Company Act of 1940 (15 U.S.C. 80a-3), or is
                        excluded from the definition of investment
                        company by section 3(c) of that Act (15 U.S.C.
                        80a-3(b) or 80a-3(c));</DELETED>
                        <DELETED>    ``(iv) is issuing fractional
                        undivided interests in oil or gas rights, or a
                        similar interest in other mineral
                        rights;</DELETED>
                        <DELETED>    ``(v) is, or has been, subject to
                        any order of the Commission entered pursuant to
                        section 12(j) of the Securities Exchange Act of
                        1934 during the 5-year period before the filing
                        of the offering statement; or</DELETED>
                        <DELETED>    ``(vi) is disqualified pursuant to
                        section 230.262 of title 17, Code of Federal
                        Regulations; and</DELETED>
                <DELETED>    ``(E) the issuer meets the requirements of
                section 4B(b).''; and</DELETED>
        <DELETED>    (2) by inserting after section 4A the
        following:</DELETED>

<DELETED>``SEC. 4B. REQUIREMENTS WITH RESPECT TO CERTAIN DIGITAL
              COMMODITY TRANSACTIONS.</DELETED>

<DELETED>    ``(a) Commission Jurisdiction.--For the purposes of this
section:</DELETED>
        <DELETED>    ``(1) The Commission shall have jurisdiction and
        enforcement authority with respect to disclosures described in
        this section.</DELETED>
        <DELETED>    ``(2) Section 17 shall apply to a statement made
        in an offering statement, disclosure, or report filed under
        this section to the same extent as such section 17 applies to a
        statement made in any other offering statement, disclosure, or
        report filed under this Act.</DELETED>
<DELETED>    ``(b) Requirements for Digital Commodity Issuers.--
</DELETED>
        <DELETED>    ``(1) Terms and conditions.--A digital commodity
        issuer offering or selling an investment contract involving
        units of a digital commodity in reliance on section 4(a)(8)
        shall file with the Commission an offering statement and any
        related documents, in such form and with such content as
        prescribed by the Commission, including financial information,
        a description of the issuer and the operations of the issuer,
        the financial condition of the issuer, a description of the
        plan of distribution of any unit of a digital commodity that is
        to be offered as well as the intended use of the offering
        proceeds, and a description of the development plan for the
        blockchain system, and the related digital commodity, to become
        a mature blockchain system, if such blockchain system is not
        already certified as a mature blockchain system pursuant to
        section 42 of the Securities Exchange Act of 1934 (15 U.S.C.
        78a et seq.).</DELETED>
        <DELETED>    ``(2) Information required for purchasers.--A
        digital commodity issuer that has filed a statement under
        paragraph (1) to offer and sell an investment contract
        involving a unit of a digital commodity in reliance on section
        4(a)(8) shall include in such statement the following
        information:</DELETED>
                <DELETED>    ``(A) Maturity status.--Whether the
                blockchain system to which the digital commodity
                relates has been certified as a mature blockchain
                system pursuant to section 42 of the Securities
                Exchange Act of 1934 (15 U.S.C. 78a et seq.) and, where
                such blockchain system is not so certified, a statement
                of the digital commodity issuer's intent for the
                blockchain system to which the digital commodity
                relates to be a mature blockchain system within the
                time period described in section 4(a)(8)(A).</DELETED>
                <DELETED>    ``(B) Source code.--The source code, or a
                publicly accessible webpage displaying such source
                code, for any blockchain system to which the digital
                commodity relates, and whether the source code was
                sourced from an external third party, whether there are
                any existing external dependencies, and whether the
                code underwent a third-party security audit, along with
                material results of any such audit.</DELETED>
                <DELETED>    ``(C) Transaction history.--A description
                of the steps necessary to independently access, search,
                and verify the transaction history of any blockchain
                system to which the digital commodity relates, to the
                extent any such independent access, search, and
                verification activities are technically feasible with
                respect to such blockchain system.</DELETED>
                <DELETED>    ``(D) Digital commodity economics.--A
                description of the purpose of any blockchain system to
                which the digital commodity relates and the operation
                of any such blockchain system, including--</DELETED>
                        <DELETED>    ``(i) information explaining the
                        launch and supply process, including the number
                        of units of the digital commodity to be issued
                        in an initial allocation, the total number of
                        units of the digital commodity to be created,
                        the release schedule for the units of the
                        digital commodity, and the total number of
                        units of the digital commodity
                        outstanding;</DELETED>
                        <DELETED>    ``(ii) information explaining the
                        technical requirements for holding, accessing,
                        and transferring the digital
                        commodity;</DELETED>
                        <DELETED>    ``(iii) information on any
                        applicable consensus mechanism or process for
                        validating transactions, method of generating
                        or mining digital commodities, and any process
                        for burning or destroying units of the digital
                        commodity on the blockchain system;</DELETED>
                        <DELETED>    ``(iv) an explanation of any
                        mechanism for driving value to the digital
                        commodity of such blockchain system;
                        and</DELETED>
                        <DELETED>    ``(v) an explanation of governance
                        mechanisms for implementing changes to the
                        blockchain system or forming consensus among
                        holders of units of such digital
                        commodity.</DELETED>
                <DELETED>    ``(E) Plan of development.--The current
                state and timeline for the development of any
                blockchain system to which the digital commodity
                relates, detailing how and when the blockchain system
                is intended to be a mature blockchain system, if the
                blockchain system is not yet certified as a mature
                blockchain system, and the various roles that exist or
                are intended to exist in connection with the blockchain
                system, such as users, service providers, developers,
                transaction validators, and governance participants,
                including a discussion of any mechanisms by which
                control or authority are exerted with respect to the
                blockchain system or its related digital commodity, and
                any critical operational dependencies of the blockchain
                system or its related digital commodity.</DELETED>
                <DELETED>    ``(F) Ownership disclosures.--</DELETED>
                        <DELETED>    ``(i) In general.--A list of all
                        persons who are digital commodity related
                        persons or digital commodity affiliated persons
                        who have been issued a unit of the digital
                        commodity by the digital commodity issuer or
                        have a right to a unit of the digital commodity
                        from the digital commodity issuer.</DELETED>
                        <DELETED>    ``(ii) Confidentiality.--The
                        Commission shall keep each list described under
                        clause (i) confidential, consistent with what
                        is necessary or appropriate in the public
                        interest or for the protection of
                        investors.</DELETED>
                <DELETED>    ``(G) Risk factor disclosures.--A
                description of the material risks surrounding ownership
                of a unit of a digital commodity.</DELETED>
        <DELETED>    ``(3) Ongoing disclosure requirements for maturing
        blockchain systems.--Subject to paragraph (5), the issuer of a
        digital commodity related to a blockchain system that is not
        yet certified as a mature blockchain system under section 42 of
        the Securities Exchange Act of 1934 that has filed a statement
        under paragraph (1) to offer and sell an investment contract
        involving a unit of a digital commodity in reliance on section
        4(a)(8) shall file the following with the Commission:</DELETED>
                <DELETED>    ``(A) Semiannual reports.--Every 6 months,
                a report containing--</DELETED>
                        <DELETED>    ``(i) an updated description of
                        the current state and timeline for the
                        development of the blockchain system to which
                        the digital commodity relates, showing how and
                        when the blockchain is intended to be a mature
                        blockchain system;</DELETED>
                        <DELETED>    ``(ii) a description of the
                        efforts of the issuer and digital commodity
                        related persons in developing the blockchain
                        system to which the digital commodity
                        relates;</DELETED>
                        <DELETED>    ``(iii) the amount of money raised
                        by the digital commodity issuer in reliance on
                        section 4(a)(8), how much of that money has
                        been spent, and the general categories of
                        activities for which that money has been spent
                        and amounts spent per category; and</DELETED>
                        <DELETED>    ``(iv) financial statements, where
                        applicable.</DELETED>
                <DELETED>    ``(B) Current reports.--A current report
                reflecting any material changes relevant to the
                information previously reported to the Commission by
                the digital commodity issuer, which shall be filed as
                soon as practicable after the material change occurred,
                in accordance with such rules as the Commission may
                prescribe as necessary or appropriate in the public
                interest or for the protection of investors.</DELETED>
        <DELETED>    ``(4) Rulemaking.--Not later than 360 days after
        the date of the enactment of this section, the Commission shall
        prescribe rules on requirements applicable to issuers of
        digital commodities in reliance on section 4(a)(8).</DELETED>
        <DELETED>    ``(5) Termination of certain reporting
        requirements; post-maturity reporting requirements.--</DELETED>
                <DELETED>    ``(A) In general.--The ongoing reporting
                requirements under paragraph (3) shall not apply to a
                digital commodity issuer 180 days after the end of the
                covered fiscal year, if the information with respect to
                the digital commodity and the blockchain system to
                which it relates described in subparagraphs (A) through
                (C) of paragraph (2) is made publicly available and the
                disclosure requirements under subparagraph (C) of this
                paragraph are satisfied.</DELETED>
                <DELETED>    ``(B) Covered fiscal year defined.--In
                this paragraph, the term `covered fiscal year' means,
                with respect to a digital commodity, the first fiscal
                year of a digital commodity issuer in which the
                blockchain system to which such digital commodity
                relates is certified as a mature blockchain system
                under section 42 of the Securities Exchange Act of
                1934.</DELETED>
                <DELETED>    ``(C) Post-maturity reporting
                requirements.--After the blockchain system to which a
                digital commodity relates is certified as a mature
                blockchain system under section 42 of the Securities
                Exchange Act of 1934, any digital commodity issuer that
                has filed a statement under paragraph (1) to offer and
                sell an investment contract involving a unit of a
                digital commodity in reliance on section 4(a)(8) and is
                engaged in material ongoing efforts related to the
                mature blockchain system shall disclose, in a manner
                reasonably calculated to inform the public, and at such
                frequency as the Commission may prescribe, by rule, a
                description of such efforts, including--</DELETED>
                        <DELETED>    ``(i) any participation in a
                        decentralized governance system of such
                        blockchain system;</DELETED>
                        <DELETED>    ``(ii) any participation in
                        alterations or proposed alterations to the
                        functionality or operation of such blockchain
                        system;</DELETED>
                        <DELETED>    ``(iii) the use or planned use of
                        any funds raised in reliance on section 4(a)(8)
                        or any rulemaking pursuant to section 202(c) of
                        the CLARITY Act of 2025 in such
                        efforts;</DELETED>
                        <DELETED>    ``(iv) the amount of units of the
                        digital commodity, or rights thereto, owned and
                        controlled by such issuer and any use, sale,
                        trading, or other disposition thereof;
                        and</DELETED>
                        <DELETED>    ``(v) any affiliations of such
                        issuer material to the efforts of such
                        issuer.</DELETED>
                <DELETED>    ``(D) Termination of and exemption from
                post-maturity reporting requirements.--Not later than
                270 days after the date of the enactment of this
                section, the Commission shall issue rules--</DELETED>
                        <DELETED>    ``(i) for terminating the
                        disclosure requirements described in
                        subparagraph (C) during the first fiscal year
                        in which the digital commodity issuer does not
                        engage in material ongoing efforts related to
                        the mature blockchain system; and</DELETED>
                        <DELETED>    ``(ii) to, as is necessary or
                        appropriate in the public interest or for the
                        protection of investors, exempt a digital
                        commodity issuer from the requirements
                        described in subparagraph (C) where only a de
                        minimis amount of market activity involving the
                        digital commodity of such digital commodity
                        issuer is taking place.</DELETED>
                <DELETED>    ``(E) Rule of construction.--Nothing in
                subparagraph (C) may be construed to make any digital
                commodity described in such subparagraph a
                security.</DELETED>
<DELETED>    ``(c) Requirements for Intermediaries.--A person acting as
an intermediary in connection with the offer or sale of an investment
contract involving units of a digital commodity in reliance on section
4(a)(8) shall--</DELETED>
        <DELETED>    ``(1) register with the Commission as a broker or
        dealer; and</DELETED>
        <DELETED>    ``(2) be a member of a national securities
        association registered under section 15A of the Securities
        Exchange Act of 1934 (15 U.S.C. 78o-3).</DELETED>
<DELETED>    ``(d) Disqualification Provisions.--The Commission shall
issue rules to apply the disqualification provisions under section
230.262 of title 17, Code of Federal Regulations, to the exemption
provided under section 4(a)(8).</DELETED>
<DELETED>    ``(e) Failure To Mature.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 270 days after
        the date of the enactment of this section, the Commission shall
        issue rules applying such additional obligations and
        disclosures for the digital commodity issuers, digital
        commodity related persons, and digital commodity affiliated
        persons of a blockchain system described under subsection
        (b)(1) that does not become a mature blockchain system within
        the time period described in section 4(a)(8)(A) as are
        necessary or appropriate in the public interest or for the
        protection of investors. Such obligations and disclosures shall
        include the following:</DELETED>
                <DELETED>    ``(A) Disclosures.--Disclosures regarding
                the following:</DELETED>
                        <DELETED>    ``(i) Failure to mature.--A
                        detailed explanation of the reason that the
                        blockchain system has not become a mature
                        blockchain system within the time period
                        described in section 4(a)(8)(A).</DELETED>
                        <DELETED>    ``(ii) Development plans.--The
                        future plans of development of the blockchain
                        system, including information required under
                        subsection (b)(3).</DELETED>
                        <DELETED>    ``(iii) Risk factor disclosures.--
                        The material risks surrounding ownership of a
                        unit of a digital commodity that relates to a
                        blockchain system described under subsection
                        (b)(1) that has not become a mature blockchain
                        system within the time period described in
                        section 4(a)(8)(A).</DELETED>
                <DELETED>    ``(B) Obligations.--Transaction reporting
                and beneficial ownership disclosure obligations
                applicable to digital commodity related persons and
                digital commodity affiliated persons of such blockchain
                system.</DELETED>
        <DELETED>    ``(2) Qualification required.--The Commission may
        not permit any additional reliance on an exempt offering for
        the offer or sale of an investment contract involving a unit of
        a digital commodity by the issuer of the digital commodity
        related to a blockchain system described under subsection
        (a)(1) that has not become a mature blockchain system within
        the time period described in section 4(a)(8)(A) unless the
        Commission has qualified any offering statement related to such
        exempt offering.''.</DELETED>
<DELETED>    (b) Additional Exemptions.--</DELETED>
        <DELETED>    (1) Certain registration requirements.--Section
        12(g)(6) of the Securities Exchange Act of 1934 (15 U.S.C.
        78l(g)(6)) is amended by striking ``under section 4(6)'' and
        inserting ``under section 4(a)(6) or 4(a)(8)''.</DELETED>
        <DELETED>    (2) Exemption from state regulation.--Section
        18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is
        amended--</DELETED>
                <DELETED>    (A) in subparagraph (B), by striking
                ``section 4(4)'' and inserting ``section
                4(a)(4)'';</DELETED>
                <DELETED>    (B) in subparagraph (C), by striking
                ``section 4(6)'' and inserting ``section
                4(a)(6)'';</DELETED>
                <DELETED>    (C) in subparagraph (F)--</DELETED>
                        <DELETED>    (i) by striking ``section 4(2)''
                        each place such term appears and inserting
                        ``section 4(a)(2)''; and</DELETED>
                        <DELETED>    (ii) by striking ``or'' at the
                        end;</DELETED>
                <DELETED>    (D) in subparagraph (G), by striking the
                period and inserting ``; or''; and</DELETED>
                <DELETED>    (E) by adding at the end the
                following:</DELETED>
                <DELETED>    ``(H) section 4(a)(8).''.</DELETED>
<DELETED>    (c) Use of Other Exemptions.--</DELETED>
        <DELETED>    (1) Rule of construction.--Except as provided in
        this subsection, nothing in this section or the amendments made
        by this section may be construed as prohibiting the offer or
        sale of an investment contract involving units of a digital
        commodity in reliance on an exemption from registration under
        the Securities Act of 1933, including as provided under section
        3, 4(a), or 19 of the Securities Act of 1933, other than that
        provided under section 4(a)(8) of the Securities Act of
        1933.</DELETED>
        <DELETED>    (2) Rulemakings.--</DELETED>
                <DELETED>    (A) The Securities and Exchange Commission
                may issue rules--</DELETED>
                        <DELETED>    (i) to permit the issuer of a
                        digital commodity related to a blockchain
                        system described under section 4B(b)(1) of the
                        Securities Act of 1933 that has not become a
                        mature blockchain system within the time period
                        described in section 4(a)(8)(A) of such Act, or
                        the issuer of a digital commodity described in
                        subparagraph (B)(iii), to utilize an exempt
                        offering to offer or sell an investment
                        contract involving the digital commodity, if
                        the Commission qualifies any offering statement
                        related to such exempt offering; and</DELETED>
                        <DELETED>    (ii) for the offer and sale of
                        investment contracts involving units of a
                        digital commodity by issuers that are not
                        organized under the laws of a State, a
                        territory of the United States, or the District
                        of Columbia.</DELETED>
                <DELETED>    (B) Not later than 270 days after the date
                of the enactment of this section, the Securities and
                Exchange Commission shall issue the following
                rules:</DELETED>
                        <DELETED>    (i) A rule requiring a digital
                        commodity issuer that last offered or sold an
                        investment contract involving units of a
                        digital commodity in reliance on an exemption
                        from registration under the Securities Act of
                        1933, including as provided under section 3,
                        4(a), or 19 of the Securities Act of 1933,
                        prior to the date of enactment of this Act, to
                        file a comparable set of disclosures to those
                        described under section 4B of the Securities
                        Act of 1933 as the Commission determines
                        appropriate based on the exemption, the
                        maturity of the blockchain system to which such
                        digital commodity relates, and any material
                        ongoing efforts of such digital commodity
                        issuer (provided that for blockchains certified
                        as a mature blockchain system under section 42
                        of the Securities Exchange Act of 1934, such
                        disclosures shall be comparable to those under
                        section 4B(b)(5)(C)), not later than the later
                        of--</DELETED>
                                <DELETED>    (I) one year after the
                                effective date of this section;
                                or</DELETED>
                                <DELETED>    (II) the date of any
                                secondary market sale of such digital
                                commodity made in reliance on section
                                203.</DELETED>
                        <DELETED>    (ii) A rule requiring a digital
                        commodity issuer that offers or sells an
                        investment contract involving units of a
                        digital commodity in reliance on an exemption
                        from registration under the Securities Act of
                        1933, including as provided under section 3,
                        4(a), or 19 of the Securities Act of 1933,
                        other than that provided under section 4(a)(8)
                        of the Securities Act of 1933, on or after the
                        date of enactment of this Act, to file a
                        comparable set of disclosures to those
                        described under section 4B of the Securities
                        Act of 1933 as the Commission determines
                        appropriate based on the exemption, the
                        maturity of the blockchain system to which such
                        digital commodity relates, and any material
                        ongoing efforts of such digital commodity
                        issuer, prior to the date of any secondary
                        market sale of such digital commodity made in
                        reliance on section 203.</DELETED>
                        <DELETED>    (iii) With respect to a digital
                        commodity where the digital commodity issuer is
                        required to file disclosures under clause (i)
                        or (ii) and where the blockchain system to
                        which the digital commodity relates is not
                        certified as a mature blockchain system
                        pursuant to section 42 of the Securities
                        Exchange Act of 1934 after the 4-year period
                        beginning on the date that the first such
                        disclosure is filed--</DELETED>
                                <DELETED>    (I) a rule prohibiting the
                                offer or sale of an investment contract
                                involving units of the digital
                                commodity unless the Commission has
                                qualified any offering statement
                                related to such offer or sale, where
                                such offer or sale is permitted
                                pursuant to subparagraph (A)(i);
                                and</DELETED>
                                <DELETED>    (II) a rule requiring the
                                digital commodity issuer to make
                                disclosures comparable to those
                                described in 4B(e)(1)(A) of the
                                Securities Act of 1933.</DELETED>
                        <DELETED>    (iv) A rule permitting a successor
                        to a digital commodity issuer, or such other
                        appropriate person as designated by the
                        Commission, to make the disclosures required
                        under clause (i), where such issuer does not
                        make the required disclosures.</DELETED>

<DELETED>SEC. 203. TREATMENT OF SECONDARY TRANSACTIONS IN DIGITAL
              COMMODITIES THAT ORIGINALLY INVOLVED INVESTMENT
              CONTRACTS.</DELETED>

<DELETED>    (a) Secondary Market Treatment.--Notwithstanding any other
provision of law, the offer or sale of a digital commodity that
originally involved an investment contract by a person other than the
issuer of such digital commodity, or an agent or underwriter thereof,
shall be deemed not to be an offer or sale of such investment contract
between the issuer of the investment contract involving the digital
commodity, or an agent or underwriter thereof, and the purchaser of
such digital commodity under--</DELETED>
        <DELETED>    (1) the Securities Act of 1933 (15 U.S.C. 77a et
        seq.);</DELETED>
        <DELETED>    (2) the Investment Advisers Act of 1940 (15 U.S.C.
        80b-1 et seq.);</DELETED>
        <DELETED>    (3) the Investment Company Act of 1940 (15 U.S.C.
        80a-1 et seq.);</DELETED>
        <DELETED>    (4) the Securities Exchange Act of 1934 (15 U.S.C.
        78a et seq.);</DELETED>
        <DELETED>    (5) the Securities Investor Protection Act of 1970
        (15 U.S.C. 78aaa et seq.); and</DELETED>
        <DELETED>    (6) any applicable provisions of State
        law.</DELETED>
<DELETED>    (b) End User Distributions Not an Offer or Sale of a
Security.--An end user distribution does not involve the offer or sale
of a security.</DELETED>
<DELETED>    (c) Agent Defined.--In this section and with respect to a
digital commodity issuer, the term ``agent'' means any person directly
or indirectly controlled by the issuer or under direct or indirect
common control with the issuer.</DELETED>

<DELETED>SEC. 204. REQUIREMENTS FOR OFFERS AND SALES OF DIGITAL
              COMMODITIES BY DIGITAL COMMODITY RELATED PERSONS AND
              DIGITAL COMMODITY AFFILIATED PERSONS.</DELETED>

<DELETED>    The Securities Act of 1933 (15 U.S.C. 77a et seq.), as
amended by section 202, is further amended by inserting after section
4B the following:</DELETED>

<DELETED>``SEC. 4C. REQUIREMENTS FOR OFFERS AND SALES OF DIGITAL
              COMMODITIES BY DIGITAL COMMODITY RELATED PERSONS AND
              DIGITAL COMMODITY AFFILIATED PERSONS.</DELETED>

<DELETED>    ``(a) In General.--It shall be a violation of this Act for
a digital commodity affiliated person or a digital commodity related
person to offer or sell a digital commodity acquired directly from its
issuer, or an agent or underwriter thereof, pursuant to an investment
contract in reliance on section 4(a)(8) or another exemption under this
Act, other than as provided in this section.</DELETED>
<DELETED>    ``(b) Commission Jurisdiction.--</DELETED>
        <DELETED>    ``(1) Where a digital commodity affiliated person
        or a digital commodity related person offers or sells a digital
        commodity acquired directly from its issuer, or an agent or
        underwriter thereof, pursuant to an investment contract in
        reliance on section 4(a)(8), or another exemption under this
        Act, other than as provided in this section, such digital
        commodity affiliated person or digital commodity related person
        shall be considered an issuer of such investment
        contract.</DELETED>
        <DELETED>    ``(2) For the purposes of this section, the
        Commission shall have jurisdiction and enforcement authority
        with respect to an offer or sale of a digital commodity
        described in subsection (a).</DELETED>
<DELETED>    ``(c) Restrictions on Digital Commodity Related Persons
and Digital Commodity Affiliated Persons.--</DELETED>
        <DELETED>    ``(1) Prior to being a mature blockchain system.--
        Prior to the blockchain system to which a digital commodity
        relates being certified as a mature blockchain system under
        section 42 of the Securities Exchange Act of 1934, units of the
        digital commodity acquired by a digital commodity related
        person or digital commodity affiliated person directly from its
        issuer (or an agent or underwriter thereof) pursuant to an
        investment contract in reliance on section 4(a)(8), or another
        exemption under this Act, may be offered or sold by such
        digital commodity related person or digital commodity
        affiliated person if--</DELETED>
                <DELETED>    ``(A) reports with respect to such digital
                commodity, where required under section 4B(b)(3) (or,
                with respect to a digital commodity not issued in
                reliance on section 4(a)(8), a comparable set of
                reports where required by the Commission) have been
                filed with the Commission;</DELETED>
                <DELETED>    ``(B) the digital commodity related person
                or digital commodity affiliated person has held the
                units for not less than 12 months; and</DELETED>
                <DELETED>    ``(C) the aggregate amount of the units of
                the digital commodity offered or sold by the digital
                commodity related person or digital commodity
                affiliated person is--</DELETED>
                        <DELETED>    ``(i) in any 12-month period, or
                        shorter period as the Commission may prescribe,
                        not less than 5 percent or greater than 20
                        percent of the total units of the digital
                        commodity acquired directly from its issuer (or
                        an agent or underwriter thereof) by the digital
                        commodity related person or digital commodity
                        affiliated person, as determined by the
                        Commission pursuant to paragraph (3);
                        and</DELETED>
                        <DELETED>    ``(ii) an amount, as determined by
                        the Commission pursuant to paragraph (3), not
                        less than 30 percent or greater than 50 percent
                        of the total units of the digital commodity
                        acquired directly from its issuer (or an agent
                        or underwriter thereof) by the digital
                        commodity related person or digital commodity
                        affiliated person.</DELETED>
        <DELETED>    ``(2) After becoming a mature blockchain system.--
        After the blockchain system to which a digital commodity
        relates is certified as a mature blockchain system under
        section 42 of the Securities Exchange Act of 1934, units of the
        digital commodity acquired by a digital commodity related
        person or digital commodity affiliated person directly from its
        issuer (or an agent or underwriter thereof) pursuant to an
        investment contract in reliance on section 4(a)(8) or another
        exemption under this Act, may be--</DELETED>
                <DELETED>    ``(A) offered or sold by a digital
                commodity related person; or</DELETED>
                <DELETED>    ``(B) offered or sold by a digital
                commodity affiliated person if--</DELETED>
                        <DELETED>    ``(i) information described in
                        section 4B(b)(5)(C), where required (or, with
                        respect to a digital commodity not issued in
                        reliance on section 4(a)(8), a comparable set
                        of information, where required) is publicly
                        available;</DELETED>
                        <DELETED>    ``(ii) the digital commodity
                        affiliated person has held the units for not
                        less than the earlier of--</DELETED>
                                <DELETED>    ``(I) 12 months;
                                or</DELETED>
                                <DELETED>    ``(II) 3 months following
                                the date on which the blockchain system
                                is certified as a mature blockchain
                                system under section 42 of the
                                Securities Exchange Act of 1934;
                                and</DELETED>
                        <DELETED>    ``(iii) the aggregate amount of
                        the units of the digital commodity offered or
                        sold by the digital commodity affiliated person
                        in any 12-month period is an amount, as
                        determined by the Commission pursuant to
                        paragraph (3), not less than 5 percent or
                        greater than 10 percent of the total
                        outstanding amount of the digital
                        commodity.</DELETED>
        <DELETED>    ``(3) Rulemakings required.--Not later than 270
        days after the date of the enactment of this section,
        consistent with protecting investors, maintaining fair,
        orderly, and efficient markets, and facilitating capital
        formation, and to foster the development of mature blockchain
        systems, the Commission, by rule, after notice and comment--
        </DELETED>
                <DELETED>    ``(A) shall set the percentage amounts
                described in paragraphs (1)(C)(i), (1)(C)(ii), and
                (2)(B)(iii); and</DELETED>
                <DELETED>    ``(B) may provide an exemption from the
                limitation described in paragraph (1)(C)(ii), if the
                Commission requires any offer or sale pursuant to such
                exemption of a digital commodity related to a
                blockchain system that has failed to become a mature
                blockchain system under this Act or any rule
                promulgated hereunder to be accompanied by the
                disclosures required under, as applicable, section
                4B(e)(1)(A) or section 202(c)(2)(B)(iii)(II) of the
                CLARITY Act of 2025.</DELETED>
<DELETED>    ``(d) Rules of Construction.--For purposes of this
section, the use of a digital commodity in the programmatic functioning
of the blockchain system to which it relates is not an offer or sale of
a digital commodity.</DELETED>
<DELETED>    ``(e) Manipulative and Deceptive Devices; Reporting.--
</DELETED>
        <DELETED>    ``(1) In general.--It shall be unlawful for any
        digital commodity issuer, digital commodity related person, or
        digital commodity affiliated person, directly or indirectly, by
        the use of any means or instrumentality of interstate commerce
        or of the mails, to use or employ, in connection with the
        purchase or sale of any digital commodity, any manipulative or
        deceptive device or contrivance in contravention of such rules
        and regulations as the Commission may prescribe as necessary or
        appropriate in the public interest or for the protection of
        investors.</DELETED>
        <DELETED>    ``(2) Affirmative defense.--Not later than 270
        days after the date of the enactment of this section, the
        Commission shall issue rules to implement paragraph (1),
        including by providing any affirmative defenses to an
        enforcement action thereunder as the Commission may prescribe
        as necessary or appropriate in the public interest or for the
        protection of investors.</DELETED>
        <DELETED>    ``(3) Reporting.--Not later than 270 days after
        the date of the enactment of this section, the Commission shall
        issue rules to prescribe such transaction reporting and
        beneficial ownership disclosure obligations applicable to
        digital commodity related persons and digital commodity
        affiliated persons, as necessary or appropriate in the public
        interest or for the protection of investors.</DELETED>
        <DELETED>    ``(4) Differentiation between persons.--In issuing
        rules required under paragraphs (2) and (3), the Commission
        shall differentiate between digital commodity related persons
        and digital commodity affiliated persons, as necessary or
        appropriate in the public interest or for the protection of
        investors.</DELETED>
<DELETED>    ``(f) Certain Units Received Prior to Enactment.--A unit
of a digital commodity received from the digital commodity issuer prior
to the date of the enactment of this section through an offer or sale
of an investment contract involving units of a digital commodity in
reliance on an exemption from registration under this Act, including as
provided under section 3, 4(a), or 19, may be offered or sold by a
digital commodity related person or digital commodity affiliated
person, if--</DELETED>
        <DELETED>    ``(1) the digital commodity issuer is no longer
        engaged in material ongoing efforts related to the blockchain
        system to which the digital commodity relates and the
        blockchain system to which the digital commodity relates is
        certified as a mature blockchain system under section 42 of the
        Securities Exchange Act of 1934; or</DELETED>
        <DELETED>    ``(2) the appropriate disclosures required under
        section 202(c)(2)(B) of the CLARITY Act of 2025 have been made
        with the Commission.</DELETED>
<DELETED>    ``(g) Rulemaking on Further Usage of Digital
Commodities.-- The Commission, consistent with protecting investors,
maintaining fair, orderly, and efficient markets, and facilitating
capital formation, as well as fostering the development of mature
blockchain systems, may, by rule, exempt unconditionally or on stated
terms or conditions, a digital commodity related person or a digital
commodity affiliated person, or any class thereof, from the
requirements of this section for the offer or sale of a digital
commodity, including for the purposes of promoting market
liquidity.''.</DELETED>

<DELETED>SEC. 205. MATURE BLOCKCHAIN SYSTEM REQUIREMENTS.</DELETED>

<DELETED>    Title I of the Securities Exchange Act of 1934 (15 U.S.C.
78a et seq.) is amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 42. MATURE BLOCKCHAIN SYSTEMS.</DELETED>

<DELETED>    ``(a) Certification of Blockchain Systems.--</DELETED>
        <DELETED>    ``(1) Certification.--A digital commodity issuer,
        digital commodity related person, digital commodity affiliated
        person, decentralized governance system of the blockchain
        system, or a registered digital commodity exchange, or any
        other appropriate person as designated by the Commission, may
        certify to the Commission that the blockchain system to which a
        digital commodity relates is a mature blockchain
        system.</DELETED>
        <DELETED>    ``(2) Filing requirements.--A certification
        described under paragraph (1) shall be filed with the
        Commission, and include such information that is reasonably
        necessary to establish that the blockchain system is not
        controlled by any person or group of persons under common
        control, which may include information regarding--</DELETED>
                <DELETED>    ``(A) the operation of the blockchain
                system;</DELETED>
                <DELETED>    ``(B) the functionality of the related
                digital commodity;</DELETED>
                <DELETED>    ``(C) how the market value of the digital
                commodity is substantially derived from the
                programmatic functioning of such blockchain
                system;</DELETED>
                <DELETED>    ``(D) any decentralized governance system
                which relates to the blockchain system; and</DELETED>
                <DELETED>    ``(E) the current roles, if any, of the
                digital commodity issuer, digital commodity affiliated
                persons, and digital commodity related persons where
                such roles are material to the development or operation
                of such blockchain system or the decentralized
                governance system of such blockchain system.</DELETED>
        <DELETED>    ``(3) Rebuttable presumption.--The Commission may
        rebut a certification described under paragraph (1) with
        respect to a blockchain system if the Commission, within 60
        days of receiving such certification, determines that the
        blockchain system is not a mature blockchain system.</DELETED>
        <DELETED>    ``(4) Certification review.--</DELETED>
                <DELETED>    ``(A) In general.--Any blockchain system
                that relates to a digital commodity for which a
                certification has been made under paragraph (1) shall
                be considered a mature blockchain system 60 days after
                the date on which the Commission receives a
                certification under paragraph (1), unless the
                Commission notifies the person who made the
                certification within such time that the Commission is
                staying the certification due to--</DELETED>
                        <DELETED>    ``(i) an inadequate explanation by
                        the person making the certification;
                        or</DELETED>
                        <DELETED>    ``(ii) any novel or complex issues
                        which require additional time to
                        consider.</DELETED>
                <DELETED>    ``(B) Public notice.--The Commission shall
                make the following available to the public and provide
                a copy to the Commodity Futures Trading
                Commission:</DELETED>
                        <DELETED>    ``(i) Each certification received
                        under paragraph (1).</DELETED>
                        <DELETED>    ``(ii) Each stay of the Commission
                        under this subsection, and the reasons
                        therefor.</DELETED>
                        <DELETED>    ``(iii) Any response from a person
                        making a certification under paragraph (1) to a
                        stay of the certification by the
                        Commission.</DELETED>
                <DELETED>    ``(C) Consolidation.--The Commission may
                consolidate and treat as one submission multiple
                certifications made under paragraph (1) for the same
                blockchain system which relates to a digital commodity
                which are received during the review period provided
                under this paragraph.</DELETED>
        <DELETED>    ``(5) Stay of certification.--</DELETED>
                <DELETED>    ``(A) In general.--A notification by the
                Commission pursuant to paragraph (4)(A) shall stay the
                certification once for up to an additional 120 days
                from the date of the notification.</DELETED>
                <DELETED>    ``(B) Public comment period.--Before the
                end of the 60-day period described under paragraph
                (4)(A), the Commission may begin a public comment
                period of at least 30 days in conjunction with a stay
                under this subsection.</DELETED>
        <DELETED>    ``(6) Disposition of certification.--A
        certification made under paragraph (1) shall--</DELETED>
                <DELETED>    ``(A) become effective--</DELETED>
                        <DELETED>    ``(i) upon the publication of a
                        notification from the Commission to the person
                        who made the certification that the Commission
                        does not object to the certification;
                        or</DELETED>
                        <DELETED>    ``(ii) at the expiration of the
                        certification review period; and</DELETED>
                <DELETED>    ``(B) not become effective upon the
                publication of a notification from the Commission to
                the person who made the certification that the
                Commission has rebutted the certification.</DELETED>
        <DELETED>    ``(7) Recertification.--With respect to a
        blockchain system for which a certification has been rebutted
        under this subsection, no person may make a certification under
        paragraph (1) with respect to such blockchain system during the
        90-day period beginning on the date of such rebuttal.</DELETED>
        <DELETED>    ``(8) Appeal of rebuttal.--</DELETED>
                <DELETED>    ``(A) In general.--If a certification is
                rebutted under this section, the person making such
                certification may appeal the decision to the United
                States Court of Appeals for the District of Columbia,
                not later than 60 days after the notice of rebuttal is
                made.</DELETED>
                <DELETED>    ``(B) Review.--In an appeal under
                subparagraph (A), the court shall have de novo review
                of the determination to rebut the
                certification.</DELETED>
<DELETED>    ``(b) Maturity Criteria.--</DELETED>
        <DELETED>    ``(1) Sense of congress.--It is the sense of the
        Congress that protecting investors, maintaining fair, orderly,
        and efficient markets, and facilitating capital formation
        necessitates establishing clear criteria for blockchain systems
        to be deemed mature, as well as enabling the Commission to
        develop, without prejudice to any such criteria codified in
        statute, alternative criteria by which blockchain systems may
        be considered not to be controlled by any person or group of
        persons under common control in order to accommodate changes in
        markets and technology.</DELETED>
        <DELETED>    ``(2) In general.--The Commission may issue rules
        identifying conditions by which a blockchain system, together
        with its related digital commodity, shall be considered a
        mature blockchain system, consistent with the protection of
        investors, maintenance of fair, orderly, and efficient markets,
        and the facilitation of capital formation.</DELETED>
        <DELETED>    ``(3) Rules of construction.--</DELETED>
                <DELETED>    ``(A) Nothing in this subsection may be
                construed to permit the Commission to impose additional
                criteria to the criteria in subsection (c) for
                certifying that a blockchain system is a mature
                blockchain system pursuant to subsection (c).</DELETED>
                <DELETED>    ``(B) Nothing in this subsection or
                subsection (c) may be construed to limit the
                Commission's ability to identify alternative conditions
                and criteria by which a blockchain system may be
                considered a mature blockchain system.</DELETED>
<DELETED>    ``(c) Deemed Mature.--</DELETED>
        <DELETED>    ``(1) In general.--Notwithstanding subsection (b),
        for the purposes of subsection (a), a digital commodity issuer,
        digital commodity related person, digital commodity affiliated
        person, or decentralized governance system of the blockchain
        system may establish that a blockchain system, together with
        its related digital commodity, is not controlled by any person
        or group of persons under common control, if the blockchain
        system, together with its related digital asset, meets the
        requirements described in paragraph (2) or (3).</DELETED>
        <DELETED>    ``(2) Criteria for any blockchain system.--The
        requirements described in this paragraph are the
        following:</DELETED>
                <DELETED>    ``(A) System value.--</DELETED>
                        <DELETED>    ``(i) Market value.--The digital
                        commodity has a value that is substantially
                        derived from the use and functioning of the
                        blockchain system.</DELETED>
                        <DELETED>    ``(ii) Development of value
                        mechanism substantially completed.--Where the
                        digital commodity issuer has made public a
                        development plan describing how the digital
                        commodity's value is reasonably expected to be
                        derived from the programmatic functioning of
                        the blockchain system, the development of such
                        mechanisms has been substantially
                        completed.</DELETED>
                <DELETED>    ``(B) Functional system.--The blockchain
                system allows network participants to engage in the
                activities the blockchain system is intended to
                provide, including--</DELETED>
                        <DELETED>    ``(i) using, transmitting, or
                        storing value, or otherwise executing
                        transactions, on the blockchain
                        system;</DELETED>
                        <DELETED>    ``(ii) deploying, executing, or
                        accessing software or services, or otherwise
                        offering or participating in services, deployed
                        on or integrated with the blockchain
                        system;</DELETED>
                        <DELETED>    ``(iii) participating in the
                        consensus mechanism, transaction validation
                        process, or decentralized governance system of
                        the blockchain system; or</DELETED>
                        <DELETED>    ``(iv) operating any client, node,
                        validator, or other form of computational
                        infrastructure with respect to the blockchain
                        system.</DELETED>
                <DELETED>    ``(C) Open and interoperable system.--The
                blockchain system--</DELETED>
                        <DELETED>    ``(i) is composed of source code
                        that is open source; and</DELETED>
                        <DELETED>    ``(ii) does not restrict or
                        prohibit based on the exercise of unilateral
                        authority any person, other than a digital
                        commodity issuer, digital commodity related
                        person, or digital commodity affiliated person
                        from engaging in the activities the blockchain
                        system is intended to provide, including the
                        activities described in subparagraph
                        (B).</DELETED>
                <DELETED>    ``(D) Programmatic system.--The blockchain
                system operates, executes, and enforces its operations
                and transactions based solely on pre-established,
                transparent rules encoded directly within the source
                code of the blockchain system.</DELETED>
                <DELETED>    ``(E) System governance.--No person or
                group of persons under common control--</DELETED>
                        <DELETED>    ``(i) has the unilateral
                        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
                        blockchain system or its related digital
                        commodity; or</DELETED>
                        <DELETED>    ``(ii) has the unilateral
                        authority to direct the voting, in the
                        aggregate, of 20 percent or more of the
                        outstanding voting power of such blockchain
                        system by means of a related digital commodity,
                        nodes or validators, a decentralized governance
                        system, or otherwise, in a blockchain system
                        which can be altered by a voting
                        system.</DELETED>
                <DELETED>    ``(F) Impartial system.--No person or
                group of persons under common control possesses a
                unique permission or privilege with respect to
                functionality, operation, or rules of consensus or
                agreement of the blockchain system or its related
                digital commodity, unless such alteration--</DELETED>
                        <DELETED>    ``(i) addresses errors, regular
                        maintenance, or cybersecurity risks of the
                        blockchain system that affect the programmatic
                        functioning of the blockchain system;
                        and</DELETED>
                        <DELETED>    ``(ii) is adopted through the
                        consensus or agreement of a decentralized
                        governance system.</DELETED>
                <DELETED>    ``(G) Distributed ownership.--No digital
                commodity issuer, digital commodity related person, or
                digital commodity affiliated person beneficially owns,
                in the aggregate, 20 percent or more of the total
                amount of units of the digital commodity.</DELETED>
        <DELETED>    ``(3) Optional criteria for preexisting blockchain
        systems.--The requirements described in this paragraph are that
        the blockchain system--</DELETED>
                <DELETED>    ``(A) was created prior to the date of
                enactment of this section;</DELETED>
                <DELETED>    ``(B) met the requirements of
                subparagraphs (A) through (F) of paragraph (2) prior to
                the date of enactment of this section; and</DELETED>
                <DELETED>    ``(C) at least 50 percent of the units of
                the digital commodity related to the blockchain system
                are held by persons other than the digital commodity
                issuer, a digital commodity related person, or a
                digital commodity affiliated person.</DELETED>
<DELETED>    ``(d) Decentralized Governance System.--</DELETED>
        <DELETED>    ``(1) For the purposes of this section, a
        decentralized governance system is not a `person' or a `group
        of persons under common control'.</DELETED>
        <DELETED>    ``(2) A blockchain system, together with its
        digital commodity, shall not be precluded from being considered
        a mature blockchain system solely based on a functional,
        administrative, clerical, or ministerial action of a
        decentralized governance system, including any such action
        taken by a person acting on behalf of and at the direction of
        the decentralized governance system, as determined by the
        Commission and consistent with the protection of investors,
        maintenance of fair, orderly, and efficient markets, and the
        facilitation of capital formation.</DELETED>
<DELETED>    ``(e) Rulemaking.--Not more than 270 days after the date
of enactment of this section, the Commission shall issue rules to carry
out this section.''.</DELETED>

<DELETED>SEC. 206. EFFECTIVE DATE.</DELETED>

<DELETED>    Unless otherwise provided in this title, this title and
the amendments made by this title shall take effect 360 days after the
date of enactment of this Act, except that, to the extent a provision
of this title requires a rulemaking, the provision shall take effect on
the later of--</DELETED>
        <DELETED>    (1) 360 days after the date of enactment of this
        Act; or</DELETED>
        <DELETED>    (2) 60 days after the publication in the Federal
        Register of the final rule implementing the
        provision.</DELETED>

 <DELETED>TITLE III--REGISTRATION FOR INTERMEDIARIES AT THE SECURITIES
                   AND EXCHANGE COMMISSION</DELETED>

<DELETED>SEC. 301. TREATMENT OF DIGITAL COMMODITIES AND PERMITTED
              PAYMENT STABLECOINS.</DELETED>

<DELETED>    (a) Securities Act of 1933.--Section 2(a)(1) of the
Securities Act of 1933 (15 U.S.C. 77b(a)(1)), as amended by the GENIUS
Act, is amended by striking the final sentence and inserting the
following: ``The term does not include a digital commodity or permitted
payment stablecoin.''.</DELETED>
<DELETED>    (b) Securities Exchange Act of 1934.--Section 3(a)(10) of
the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)), as amended by
the GENIUS Act, is amended by striking the final sentence and inserting
the following: ``The term does not include a digital commodity or
permitted payment stablecoin.''.</DELETED>
<DELETED>    (c) Investment Advisers Act of 1940.--Section 202(a) of
the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)) is amended--
</DELETED>
        <DELETED>    (1) in paragraph (18), as amended by the GENIUS
        Act, by striking the final sentence and inserting the
        following: ``The term does not include a digital commodity or
        permitted payment stablecoin.'';</DELETED>
        <DELETED>    (2) by redesignating the second paragraph (29)
        (relating to commodity pools) as paragraph (31); and</DELETED>
        <DELETED>    (3) by adding at the end, the following:</DELETED>
        <DELETED>    ``(32) Digital commodity-related terms.--The terms
        `digital commodity' and `permitted payment stablecoin' have the
        meaning given those terms, respectively, under section 2(a) of
        the Securities Act of 1933 (15 U.S.C. 77b(a)).''.</DELETED>
<DELETED>    (d) Investment Company Act of 1940.--Section 2(a) of the
Investment Company Act of 1940 (15 U.S.C. 80a-2) is amended--</DELETED>
        <DELETED>    (1) in paragraph (36), as amended by the GENIUS
        Act, by striking the final sentence and inserting the
        following: ``The term does not include a digital commodity or
        permitted payment stablecoin.''; and</DELETED>
        <DELETED>    (2) by adding at the end, the following:</DELETED>
        <DELETED>    ``(55) Digital commodity-related terms.--The terms
        `digital commodity' and `permitted payment stablecoin' have the
        meaning given those terms, respectively, under section 2(a) of
        the Securities Act of 1933 (15 U.S.C. 77b(a)).''.</DELETED>
<DELETED>    (e) Securities Investor Protection Act of 1970.--Section
16 of the Securities Investor Protection Act of 1970 (15 U.S.C. 78lll)
is amended--</DELETED>
        <DELETED>    (1) in paragraph (14), as amended by the GENIUS
        Act, by striking the final sentence and inserting the
        following: ``The term does not include a digital commodity or
        permitted payment stablecoin, as such terms are defined,
        respectively, under section 2(a) of the Securities Act of 1933
        (15 U.S.C. 77b(a))''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(15) Treatment of permitted payment
        stablecoins.--A permitted payment stablecoin, as defined in
        section 2(a) of the Securities Act of 1933, shall not qualify
        as `cash' and a claim for a permitted payment stablecoin shall
        not qualify as a `claim for cash'.''.</DELETED>

<DELETED>SEC. 302. ANTI-FRAUD AUTHORITY OVER PERMITTED PAYMENT
              STABLECOINS AND CERTAIN DIGITAL COMMODITY
              TRANSACTIONS.</DELETED>

<DELETED>    (a) In General.--Section 10 of the Securities Exchange Act
of 1934 (15 U.S.C. 78j) is amended--</DELETED>
        <DELETED>    (1) by moving subsection (c) so as to appear after
        subsection (b);</DELETED>
        <DELETED>    (2) by inserting after subsection (c) the
        following:</DELETED>
<DELETED>    ``(d) To use or employ, in connection with the purchase or
sale of any permitted payment stablecoin or digital commodity, by or
through, as applicable, a broker, dealer, national securities exchange,
or an alternative trading system, any manipulative or deceptive device
or contrivance in contravention of such rules and regulations as the
Commission may prescribe as necessary or appropriate in the public
interest or for the protection of investors.''; and</DELETED>
        <DELETED>    (3) by adding at the end the following: ``Rules
        promulgated under subsection (b) that prohibit fraud,
        manipulation, or insider trading (but not rules imposing or
        specifying reporting or recordkeeping requirements, procedures,
        or standards as prophylactic measures against fraud,
        manipulation, or insider trading), and judicial precedents
        decided under subsection (b) and rules promulgated thereunder
        that prohibit fraud, manipulation, or insider trading, shall
        apply with respect to permitted payment stablecoin and digital
        commodity transactions engaged in by or through a broker or
        dealer or through an alternative trading system or, as
        applicable, a national securities exchange to the same extent
        as they apply to securities transactions. Judicial precedents
        decided under section 17(a) of the Securities Act of 1933 and
        sections 9, 15, 16, 20, and 21A of this title, and judicial
        precedents decided under applicable rules promulgated under
        such sections, shall apply to permitted payment stablecoins and
        digital commodities with respect to those circumstances in
        which the permitted payment stablecoins and digital commodities
        are, as applicable, brokered, traded, or custodied by or
        through a broker or dealer or through an alternative trading
        system or a national securities exchange to the same extent as
        they apply to securities.''.</DELETED>
<DELETED>    (b) Treatment of Permitted Payment Stablecoins.--Title I
of the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended by inserting after section 6 the following:</DELETED>

<DELETED>``SEC. 6A. TREATMENT OF TRANSACTIONS IN PERMITTED PAYMENT
              STABLECOINS.</DELETED>

<DELETED>    ``(a) Authority To Broker, Trade, and Custody Permitted
Payment Stablecoins.--Permitted payment stablecoins may be brokered,
traded, or custodied by a broker or dealer or through an alternative
trading system or national securities exchange.</DELETED>
<DELETED>    ``(b) Commission Jurisdiction.--The Commission shall only
have jurisdiction over a transaction in a permitted payment stablecoin
with respect to those circumstances in which a permitted payment
stablecoin is brokered, traded, or custodied--</DELETED>
        <DELETED>    ``(1) by a broker or dealer;</DELETED>
        <DELETED>    ``(2) through a national securities exchange;
        or</DELETED>
        <DELETED>    ``(3) through an alternative trading
        system.</DELETED>
<DELETED>    ``(c) Limitation.--Subsection (b) shall only apply to a
transaction described in subsection (b) for the purposes of regulating
the offer, execution, solicitation, or acceptance of a permitted
payment stablecoin in those circumstances in which the permitted
payment stablecoin is brokered, traded, or custodied--</DELETED>
        <DELETED>    ``(1) by a broker or dealer;</DELETED>
        <DELETED>    ``(2) through a national securities exchange;
        or</DELETED>
        <DELETED>    ``(3) through an alternative trading
        system.''.</DELETED>

<DELETED>SEC. 303. ELIGIBILITY OF ALTERNATIVE TRADING
              SYSTEMS.</DELETED>

<DELETED>    (a) In General.--Section 5 of the Securities Exchange Act
of 1934 (15 U.S.C. 78e) is amended--</DELETED>
        <DELETED>    (1) by striking ``It'' and inserting the
        following:</DELETED>
<DELETED>    ``(a) In General.--It''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(b) Digital Commodity Protections.--</DELETED>
        <DELETED>    ``(1) In general.--The Commission may not preclude
        a trading platform from operating pursuant to a covered
        exemption to exchange registration under section 6 of this
        title on the basis that the assets traded or to be traded on
        such platform include--</DELETED>
                <DELETED>    ``(A) digital commodities or permitted
                payment stablecoins; and</DELETED>
                <DELETED>    ``(B) securities.</DELETED>
        <DELETED>    ``(2) Covered exemption.--In this subsection, the
        term `covered exemption' means an exemption--</DELETED>
                <DELETED>    ``(A) described in subsection (a)(2);
                or</DELETED>
                <DELETED>    ``(B) with respect to any other rule of
                the Commission relating to the definition of
                `exchange'.''.</DELETED>
<DELETED>    (b) Securities Exchange Act of 1934.--Section 3(a)(2) of
the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(2)) is amended by
adding at the end the following: ``Neither an alternative trading
system predominantly facilitating the trading of digital commodities,
permitted payment stablecoins, or both, relative to its securities
traded, nor a digital commodity exchange, is a `facility' of an
exchange.''.</DELETED>
<DELETED>    (c) Rule of Construction.--Nothing in this section, the
amendments made by this section, or section 304 may be construed to--
</DELETED>
        <DELETED>    (1) prohibit a national securities exchange from
        owning or operating any other type of alternative trading
        system; or</DELETED>
        <DELETED>    (2) create a presumption that any other type of
        alternative trading system owned or operated by a national
        securities exchange is a facility of that exchange.</DELETED>

<DELETED>SEC. 304. RULEMAKING FOR DUAL-REGISTERED ENTITIES.</DELETED>

<DELETED>    (a) Conflict of Interest Policies and Procedures.--Each
person or entity dual-registered with the Commodity Futures Trading
Commission as permitted under section 15(p) of the Securities Exchange
Act of 1934 shall establish, maintain, and, as applicable, enforce and
comply with written policies and procedures reasonably designed to
mitigate any conflicts of interest, including with respect to
transactions or arrangements with affiliates registered with the
Securities and Exchange Commission, taking into consideration the
nature of the business of such person or entity.</DELETED>
<DELETED>    (b) Exemption From Duplicative, Conflicting, or Unduly
Burdensome Provisions.--The Securities and Exchange Commission shall
prescribe rules for a person or entity with multiple registrations,
where at least one such registration includes any dual registration
permitted under section 15(p) of the Securities Exchange Act of 1934,
to exempt the person or entity from duplicative, conflicting, or unduly
burdensome provisions of the Securities Exchange Act of 1934 and rules
thereunder, to the extent such an exemption would protect investors,
maintain fair, orderly, and efficient markets, and facilitate capital
formation.</DELETED>
<DELETED>    (c) Implementing Organizations.--The Securities and
Exchange Commission shall require any registered national securities
association that has as a member a registered broker or registered
dealer that is registered with the Commodity Futures Trading Commission
as a digital commodity broker or digital commodity dealer as permitted
under section 15(p)(1) of the Securities Exchange Act of 1934 or
otherwise transacts in permitted payment stablecoins to revise such
rules as may be necessary to further the purposes of and compliance
with this section.</DELETED>
<DELETED>    (d) Memorandum of Understanding.--The Securities and
Exchange Commission shall enter into a memorandum of understanding with
the Commodity Futures Trading Commission to ensure--</DELETED>
        <DELETED>    (1) non-duplicative supervision and enforcement
        with respect to registrants of the Securities and Exchange
        Commission dual-registered with the Commodity Futures Trading
        Commission as permitted under section 15(p) of the Securities
        Exchange Act of 1934; and</DELETED>
        <DELETED>    (2) appropriate information sharing between the
        Commissions to further the purposes of and compliance with this
        section, the Securities Exchange Act of 1934, and the Commodity
        Exchange Act.</DELETED>
<DELETED>    (e) Rule of Construction.--Nothing in this section shall
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.</DELETED>

<DELETED>SEC. 305. MODERNIZATION OF RECORDKEEPING
              REQUIREMENTS.</DELETED>

<DELETED>    (a) In General.--For purposes of books and records
requirements for brokers, dealers, transfer agents, national securities
exchanges under the Securities and Exchange Act of 1934 (15 U.S.C. 78a
et seq.), investment advisers under the Investment Advisers Act of 1940
(15 U.S.C. 80b-1 et seq.), and investment companies under the
Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.), a person may,
consistent with any rules promulgated under subsection (b), utilize
records from a blockchain system.</DELETED>
<DELETED>    (b) Revision of Rules.--Not later than 180 days after the
date of enactment of this Act, the Securities and Exchange Commission
shall issue and revise such rules as may be necessary to implement this
section.</DELETED>

<DELETED>SEC. 306. EXEMPTIVE AUTHORITY.</DELETED>

<DELETED>    Section 28 of the Securities Act of 1933 (15 U.S.C. 77z-3)
is amended by striking ``by rule or regulation'' and inserting ``by
rule, regulation, or order''.</DELETED>

<DELETED>SEC. 307. ADDITIONAL REGISTRATIONS WITH THE COMMODITY FUTURES
              TRADING COMMISSION.</DELETED>

<DELETED>    Section 15 of the Securities Exchange Act of 1934 (15
U.S.C. 78o) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(p) Additional Registrations With the Commodity Futures
Trading Commission.--</DELETED>
        <DELETED>    ``(1) Registered brokers and dealers.--A
        registered broker or registered dealer shall be permitted to
        maintain a registration with the Commodity Futures Trading
        Commission as a digital commodity broker or digital commodity
        dealer.</DELETED>
        <DELETED>    ``(2) National securities exchanges.--A national
        securities exchange or affiliate thereof shall be permitted to
        maintain a registration with the Commodity Futures Trading
        Commission as a digital commodity exchange.</DELETED>
        <DELETED>    ``(3) Alternative trading systems.--An alternative
        trading system, and the operator thereof, shall be permitted to
        maintain a registration with the Commodity Futures Trading
        Commission as a digital commodity exchange.</DELETED>
        <DELETED>    ``(4) Notice of application.--Any person or entity
        described in paragraph (1) through (3) shall provide to the
        Securities and Exchange Commission, at such time and in such
        form and manner as the Securities and Exchange Commission shall
        prescribe, notice of any application to register with the
        Commodity Futures Trading Commission as a digital commodity
        broker, digital commodity dealer, or digital commodity
        exchange.''.</DELETED>

<DELETED>SEC. 308. EXEMPTING DIGITAL COMMODITIES FROM STATE SECURITIES
              LAWS.</DELETED>

<DELETED>    (a) Covered Security.--Section 18(b) of the Securities Act
of 1933 (15 U.S.C. 77r(b)) is amended by adding at the end the
following:</DELETED>
        <DELETED>    ``(5) Exemption in connection with digital
        commodities.--A digital commodity shall be treated as a covered