H.R. 3633, Digital Asset Market Clarity Act of 2025, Engrossed in House (Part 2 of 2)

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

Fincen Wallet Rule

2

2025

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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.

GENIUS Act, by striking the second sentence; and
            (2) in section 2(a)(1)(A) (7 U.S.C. 2(a)(1)(A)), in the 1st
        sentence, by inserting ``subparagraphs (F) and (G) of
        subsection (c)(2) of this section or'' before ``section 19''.

SEC. 402. REQUIRING FUTURES COMMISSION MERCHANTS TO USE QUALIFIED
              DIGITAL ASSET CUSTODIANS.

    Section 4d of the Commodity Exchange Act (7 U.S.C. 6d) is amended--
            (1) in subsection (a)(2)--
                    (A) in the 1st proviso, by striking ``any bank or
                trust company'' and inserting ``any bank, trust
                company, or qualified digital asset custodian, as
                applicable,''; and
                    (B) by inserting ``: Provided further, That any
                such property that is a digital asset shall be held in
                a qualified digital asset custodian'' before the period
                at the end; and
            (2) in subsection (f)(3)(A)(i), by striking ``any bank or
        trust company'' and inserting ``any bank, trust company, or
        qualified digital asset custodian''.

SEC. 403. TRADING CERTIFICATION AND APPROVAL FOR DIGITAL COMMODITIES.

    Section 5c of the Commodity Exchange Act (7 U.S.C. 7a-2) is
amended--
            (1) in subsection (a), by striking ``5(d) and 5b(c)(2)''
        and inserting ``5(d), 5b(c)(2), and 5i(c)'';
            (2) in subsection (b)--
                    (A) in each of paragraphs (1) and (2), by inserting
                ``digital commodity exchange,'' before ``derivatives'';
                and
                    (B) in paragraph (3), by inserting ``digital
                commodity exchange,'' before ``derivatives'' each place
                it appears;
            (3) in subsection (c)--
                    (A) in paragraph (2), by inserting ``or
                participants'' before ``(in a'';
                    (B) in paragraph (4)(B), by striking ``1a(10)'' and
                inserting ``1a(9)''; and
                    (C) in paragraph (5), by adding at the end the
                following:
                    ``(D) Special rules for digital commodity
                contracts.--In certifying any new rule or rule
                amendment, or listing any new contract or instrument,
                in connection with a contract of sale of a commodity
                for future delivery, option, swap, or other agreement,
                contract, or transaction, that is based on or
                references a digital commodity, a registered entity
                shall make or rely on a certification under subsection
                (d) for the digital commodity.''; and
            (4) by inserting after subsection (c) the following:
    ``(d) Certifications for Digital Commodity Trading.--
            ``(1) In general.--Notwithstanding subsection (c), for the
        purposes of listing or offering a digital commodity for trading
        in a digital commodity cash or spot market, an eligible entity
        shall submit a written certification to the Commission that the
        digital commodity meets the requirements of this Act (including
        the regulations prescribed under this Act).
            ``(2) Contents of the certification.--
                    ``(A) In general.--In making a written
                certification under this paragraph, the eligible entity
                shall furnish to the Commission an analysis of how the
                digital commodity meets the requirements of section
                5i(c)(3).
                    ``(B) Reliance on prior disclosures.--In making a
                certification under this subsection, an eligible entity
                may rely on the records and disclosures of any relevant
                person registered with the Securities and Exchange
                Commission or other State or Federal agency.
            ``(3) Modifications.--
                    ``(A) In general.--An eligible entity shall modify
                a certification made under paragraph (1) to--
                            ``(i) account for significant changes in
                        any information provided to the Commission
                        under paragraph (2)(A)(ii); or
                            ``(ii) permit or restrict trading in units
                        of a digital commodity held by a digital
                        commodity related person or a digital commodity
                        affiliated person.
                    ``(B) Recertification.--Modifications required by
                this subsection shall be subject to the same
                disapproval and review process as a new certification
                under paragraphs (4) and (5).
            ``(4) Disapproval.--
                    ``(A) In general.--The written certification
                described in paragraph (1) shall become effective
                unless the Commission finds that the listing of the
                digital commodity is inconsistent with the requirements
                of this Act or the rules and regulations prescribed
                under this Act.
                    ``(B) Analysis required.--The Commission shall
                include, with any findings referred to in subparagraph
                (A), a detailed analysis of the factors on which the
                decision was based.
                    ``(C) Public findings.--The Commission shall make
                public any disapproval decision, and any related
                findings and analysis, made under this paragraph.
            ``(5) Review.--
                    ``(A) In general.--Unless the Commission makes a
                disapproval decision under paragraph (4), the written
                certification described in paragraph (1) shall become
                effective, pursuant to the certification by the
                eligible entity and notice of the certification to the
                public (in a manner determined by the Commission) on
                the date that is--
                            ``(i) 20 business days after the date the
                        Commission receives the certification (or such
                        shorter period as determined by the Commission
                        by rule or regulation), in the case of a
                        digital commodity that has not been certified
                        under this section or for which a certification
                        is being modified under paragraph (3); or
                            ``(ii) 1 business day after the date the
                        Commission receives the certification (or such
                        shorter period as determined by the Commission
                        by rule or regulation) for any digital
                        commodity that has been certified under this
                        section.
                    ``(B) Extensions.--The time for consideration under
                subparagraph (A) may be extended through notice to the
                eligible entity that there are novel or complex issues
                that require additional time to analyze, that the
                explanation by the submitting eligible entity is
                inadequate, or of a potential inconsistency with this
                Act--
                            ``(i) once, for 30 business days, through
                        written notice to the eligible entity by the
                        Commission; and
                            ``(ii) once, for an additional 30 business
                        days, through written notice to the eligible
                        entity from the Commission that includes a
                        description of any deficiencies with the
                        certification, including any--
                                    ``(I) novel or complex issues which
                                require additional time to analyze;
                                    ``(II) missing information or
                                inadequate explanations; or
                                    ``(III) potential inconsistencies
                                with this Act.
            ``(6) Prior approval before registration.--
                    ``(A) In general.--A person applying for
                registration with the Commission for the purposes of
                listing or offering a digital commodity for trading in
                a digital commodity cash or spot market may request
                that the Commission grant prior approval for the person
                to list or offer the digital commodity on being
                registered with the Commission.
                    ``(B) Request for prior approval.--A person seeking
                prior approval under subparagraph (A) shall furnish the
                Commission with a written certification that the
                digital commodity meets the requirements of this Act
                (including the regulations prescribed under this Act)
                and the information described in paragraph (2).
                    ``(C) Deadline.--The Commission shall take final
                action on a request for prior approval not later than
                90 business days after submission of the request,
                unless the person submitting the request agrees to an
                extension of the time limitation established under this
                subparagraph.
                    ``(D) Disapproval.--
                            ``(i) In general.--The Commission shall
                        approve the listing of the digital commodity
                        unless the Commission finds that the listing is
                        inconsistent with this Act (including any
                        regulation prescribed under this Act).
                            ``(ii) Analysis required.--The Commission
                        shall include, with any findings made under
                        clause (i), a detailed analysis of the factors
                        on which the decision is based.
                            ``(iii) Public findings.--The Commission
                        shall make public any disapproval decision, and
                        any related findings and analysis, made under
                        this paragraph.
            ``(7) Eligible entity defined.--In this subsection, the
        term `eligible entity' means a registered entity or group of
        registered entities acting jointly.''.

SEC. 404. REGISTRATION OF DIGITAL COMMODITY EXCHANGES.

    The Commodity Exchange Act (7 U.S.C. 1 et seq.) is amended by
inserting after section 5h the following:

``SEC. 5I. REGISTRATION OF DIGITAL COMMODITY EXCHANGES.

    ``(a) In General.--
            ``(1) Registration.--
                    ``(A) In general.--A trading facility that offers
                or seeks to offer a cash or spot market in at least 1
                digital commodity shall register with the Commission as
                a digital commodity exchange.
                    ``(B) Application.--A person desiring to register
                as a digital commodity exchange shall submit to the
                Commission an application in such form and containing
                such information as the Commission may require for the
                purpose of making the determinations required for
                approval.
                    ``(C) Exemptions.--A trading facility that offers
                or seeks to offer a cash or spot market in at least 1
                digital commodity shall not be required to register
                under this section if the trading facility--
                            ``(i) permits no more than a de minimis
                        amount of trading activity, as the Commission
                        may determine by rule or regulation, in a
                        digital commodity; or
                            ``(ii) serves only customers in a single
                        State, territory, or possession of the United
                        States.
            ``(2) Additional registrations.--
                    ``(A) With the commission.--In order to foster the
                development of fair and orderly markets, protect
                customers, and promote responsible innovation, the
                Commission--
                            ``(i) shall prescribe rules to exempt an
                        entity registered with the Commission under
                        more than 1 section of this Act from
                        duplicative, conflicting, or unduly burdensome
                        provisions of this Act and the rules under this
                        Act;
                            ``(ii) shall prescribe rules to address
                        conflicts of interests and activities of the
                        entity; and
                            ``(iii) may, after an analysis of the risks
                        and benefits, prescribe rules to provide for
                        portfolio margining.
                    ``(B) With a registered futures association.--
                            ``(i) In general.--A registered digital
                        commodity exchange shall become and remain a
                        member of a registered futures association and
                        comply with rules related to such activity, if
                        the registered digital commodity exchange
                        accepts customer funds required to be
                        segregated under subsection (d).
                            ``(ii) Rulemaking required.--The Commission
                        shall require any registered futures
                        association with a digital commodity exchange
                        as a member to provide such rules as may be
                        necessary to further compliance with subsection
                        (d), protect customers, and promote the public
                        interest.
                    ``(C) Registration required.--A person required to
                be registered as a digital commodity exchange under
                this section shall register with the Commission as such
                regardless of whether the person is registered with
                another State or Federal regulator.
    ``(b) Trading.--
            ``(1) Prohibition on certain trading practices.--
                    ``(A) Section 4b shall apply to any agreement,
                contract, or transaction in a digital commodity as if
                the agreement, contract, or transaction were a contract
                of sale of a commodity for future delivery.
                    ``(B) Section 4c shall apply to any agreement,
                contract, or transaction in a digital commodity as if
                the agreement, contract, or transaction were a
                transaction involving the purchase or sale of a
                commodity for future delivery.
                    ``(C) Section 4b-1 shall apply to any agreement,
                contract, or transaction in a digital commodity as if
                the agreement, contract, or transaction were a contract
                of sale of a commodity for future delivery.
            ``(2) Prohibition on acting as a counterparty.--
                    ``(A) In general.--A digital commodity exchange or
                any affiliate of such an exchange shall not trade on or
                subject to the rules of the digital commodity exchange
                for its own account.
                    ``(B) Exceptions.--Subject to any conditions,
                requirements, or limitations imposed by the Commission
                pursuant to subparagraph (C), a digital commodity
                exchange may engage in trading on the exchange so long
                as the trading is not solely for the purpose of the
                profit of the exchange, including the following:
                            ``(i) Customer direction.--A transaction
                        for, or entered into at the direction of, or
                        for the benefit of, an unaffiliated customer.
                            ``(ii) Risk management.--A transaction to
                        manage the credit, market, and liquidity risks
                        associated with the digital commodity business
                        of the exchange.
                            ``(iii) Operational needs.--A transaction
                        related to the operational needs of the
                        business of the digital commodity exchange or
                        its affiliate.
                            ``(iv) Functional use.--A transaction
                        related to the functional operation of a
                        blockchain system.
                    ``(C) Rulemaking.--The Commission may, by rule,
                establish conditions, requirements, or other
                limitations on the activities of a digital commodity
                exchange and its affiliate permitted pursuant to
                subparagraph (B) that are necessary for the protection
                of customers, the promotion of innovation, or the
                maintenance of fair, orderly, and efficient markets.
                    ``(D) Notice requirement.--In order for a digital
                commodity exchange or any affiliate of a digital
                commodity exchange to engage in trading on the
                affiliated exchange pursuant to subsection (B), notice
                must be given to the Commission that shall enumerate
                how any proposed activity is consistent with the
                exceptions in subsection (B) and the purposes of this
                Act.
    ``(c) Core Principles for Digital Commodity Exchanges.--
            ``(1) Compliance with core principles.--
                    ``(A) In general.--To be registered, and maintain
                registration, as a digital commodity exchange, a
                digital commodity exchange shall comply with--
                            ``(i) the core principles described in this
                        subsection; and
                            ``(ii) any requirement that the Commission
                        may impose by rule or regulation pursuant to
                        section 8a(5).
                    ``(B) Reasonable discretion of a digital commodity
                exchange.--Unless otherwise determined by the
                Commission by rule or regulation, a digital commodity
                exchange described in subparagraph (A) shall have
                reasonable discretion in establishing the manner in
                which the digital commodity exchange complies with the
                core principles described in this subsection.
            ``(2) Compliance with rules.--A digital commodity exchange
        shall--
                    ``(A) establish and enforce compliance with any
                rule of the digital commodity exchange, including--
                            ``(i) the terms and conditions of the
                        trades traded or processed on or through the
                        digital commodity exchange; and
                            ``(ii) any limitation on access to the
                        digital commodity exchange;
                    ``(B) establish and enforce trading, trade
                processing, and participation rules that will deter
                abuses and have the capacity to detect, investigate,
                and enforce those rules, including means--
                            ``(i) to provide market participants with
                        impartial access to the market; and
                            ``(ii) to capture information that may be
                        used in establishing whether rule violations
                        have occurred; and
                    ``(C) establish rules governing the operation of
                the exchange, including rules specifying trading
                procedures to be used in entering and executing orders
                traded or posted on the facility.
            ``(3) Listing standards for digital commodities.--
                    ``(A) In general.--A digital commodity exchange
                shall establish policies and procedures to permit
                trading in a digital commodity only if--
                            ``(i) reports with respect to the digital
                        commodity required under, as applicable,
                        section 4B(b)(3) or 4B(b)(5)(C) of the
                        Securities Act of 1933 (or, with respect to a
                        digital commodity not issued in reliance on
                        section 4(a)(8) of the Securities Act of 1933,
                        a comparable set of reports, where required by
                        the Securities and Exchange Commission) have
                        been filed with the Securities and Exchange
                        Commission; or
                            ``(ii) such other similar information as
                        the Commission may, by rule or regulation
                        require, that is related to the ongoing
                        development plan of the blockchain system and
                        is able to be publicly ascertained, has been
                        provided to the public.
                    ``(B) Public information requirements.--
                            ``(i) In general.--A digital commodity
                        exchange shall--
                                    ``(I) permit trading in a digital
                                commodity only if the digital commodity
                                exchange reasonably determines that the
                                information required by clause (ii) is
                                correct, current, and available to the
                                public; and
                                    ``(II) establish policies and
                                procedures to determine that the
                                information provided pursuant to clause
                                (ii) is correct, current, and available
                                to the public.
                            ``(ii) Required information.--With respect
                        to a digital commodity and each blockchain
                        system to which the digital commodity relates
                        for which the digital commodity exchange will
                        make the digital commodity available to the
                        customers of the digital commodity exchange,
                        the following information:
                                    ``(I) Source code.--The source code
                                for any blockchain system to which the
                                digital commodity relates.
                                    ``(II) 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 the blockchain
                                system.
                                    ``(III) Digital commodity
                                economics.--A narrative description of
                                the purpose of any blockchain system to
                                which the digital commodity relates and
                                the operation of any such blockchain
                                system, including--
                                            ``(aa) information
                                        explaining the launch and
                                        supply process, including the
                                        number of digital assets to be
                                        issued in an initial
                                        allocation, the total number of
                                        digital commodities to be
                                        created, the release schedule
                                        for the digital commodities,
                                        and the total number of digital
                                        commodities then outstanding;
                                            ``(bb) information
                                        detailing any applicable
                                        consensus mechanism or process
                                        for validating transactions,
                                        method of generating or mining
                                        digital commodities, and any
                                        process for burning or
                                        destroying digital commodities
                                        on the blockchain system;
                                            ``(cc) an explanation of
                                        governance mechanisms for
                                        implementing changes to the
                                        blockchain system or forming
                                        consensus among holders of the
                                        digital commodities; and
                                            ``(dd) sufficient
                                        information for a third party
                                        to create a tool for verifying
                                        the transaction history of the
                                        digital asset.
                                    ``(IV) Trading volume and
                                volatility.--The trading volume and
                                volatility of the digital commodity on
                                the exchange.
                                    ``(V) Additional information.--Such
                                additional information as the
                                Commission may determine by rule to be
                                necessary for a customer to understand
                                the financial and operational risks of
                                a digital commodity, and to be
                                practically feasible to provide.
                            ``(iii) Format.--The Commission shall
                        prescribe rules and regulations for the
                        standardization and simplification of
                        disclosures under clause (ii), including
                        requiring that disclosures--
                                    ``(I) be conspicuous;
                                    ``(II) use plain language
                                comprehensible to customers;
                                    ``(III) are not drafted in a way
                                that presumes the customer already has
                                a base knowledge, familiarity, or
                                understanding of the basic terminology,
                                operation, and function of blockchain
                                systems; and
                                    ``(IV) succinctly explain the
                                information that is required to be
                                communicated to the customer.
                            ``(iv) Reliance on previous disclosures.--
                        In complying with this subparagraph, a digital
                        commodity exchange may rely on and make
                        available to the public relevant information
                        publicly disclosed to the Commission, the
                        Securities and Exchange Commission, or an
                        appropriate Federal banking agency.
                    ``(C) Digital commodities held by related and
                digital commodity affiliated persons.--A digital
                commodity exchange shall establish policies and
                procedures designed to permit the trading of a unit of
                a digital commodity acquired from the issuer and held
                by a digital commodity affiliated person or a digital
                commodity related person, only in accordance with the
                requirements of section 4C of the Securities Act of
                1933.
            ``(4) Treatment of customer assets.--A digital commodity
        exchange shall establish policies and procedures that are
        designed to protect and ensure the safety of customer money,
        assets, and property.
            ``(5) Monitoring of trading and trade processing.--
                    ``(A) In general.--A digital commodity exchange
                shall provide a competitive, open, and efficient market
                and mechanism for executing transactions that protects
                the price discovery process of trading on the exchange.
                    ``(B) Protection of markets and market
                participants.--A digital commodity exchange shall
                establish and enforce rules--
                            ``(i) to protect markets and market
                        participants from abusive practices committed
                        by any party, including abusive practices
                        committed by a party acting as an agent for a
                        participant; and
                            ``(ii) to promote fair and equitable
                        trading on the exchange.
                    ``(C) Trading procedures.--A digital commodity
                exchange shall--
                            ``(i) establish and enforce rules or terms
                        and conditions defining, or specifications
                        detailing--
                                    ``(I) trading procedures to be used
                                in entering and executing orders traded
                                on or through the facilities of the
                                digital commodity exchange; and
                                    ``(II) procedures for trade
                                processing of digital commodities on or
                                through the facilities of the digital
                                commodity exchange; and
                            ``(ii) monitor trading in digital
                        commodities to prevent manipulation, price
                        distortion, and disruptions, through
                        surveillance, compliance, and disciplinary
                        practices and procedures, including methods for
                        conducting real-time monitoring of trading and
                        comprehensive and accurate trade
                        reconstructions.
            ``(6) Ability to obtain information.--A digital commodity
        exchange shall--
                    ``(A) establish and enforce rules that will allow
                the facility to obtain any necessary information to
                perform any of the functions described in this section;
                    ``(B) provide the information to the Commission on
                request; and
                    ``(C) have the capacity to carry out such
                international information-sharing agreements as the
                Commission may require.
            ``(7) Emergency authority.--A digital commodity exchange
        shall adopt rules to provide for the exercise of emergency
        authority, in consultation or cooperation with the Commission
        or a registered entity, as is necessary and appropriate,
        including the authority to facilitate the liquidation or
        transfer of open positions in any digital commodity or to
        suspend or curtail trading in a digital commodity.
            ``(8) Timely publication of trading information.--
                    ``(A) In general.--A digital commodity exchange
                shall make public timely information on price, trading
                volume, and other trading data on digital commodities
                to the extent prescribed by the Commission.
                    ``(B) Capacity of digital commodity exchange.--A
                digital commodity exchange shall have the capacity to
                electronically capture and transmit trade information
                with respect to transactions executed on the exchange.
            ``(9) Recordkeeping and reporting.--
                    ``(A) In general.--A digital commodity exchange
                shall--
                            ``(i) maintain records relating to the
                        business of the exchange, including a complete
                        audit trail, in a form and manner acceptable to
                        the Commission for a period of 5 years;
                            ``(ii) report to the Commission, in a form
                        and manner acceptable to the Commission, such
                        information as the Commission determines to be
                        necessary or appropriate for the Commission to
                        perform the duties of the Commission under this
                        Act; and
                            ``(iii) keep any such records of digital
                        commodities which relate to a security open to
                        inspection and examination by the Securities
                        and Exchange Commission.
                    ``(B) Information-sharing.--Subject to section 8,
                and on request, the Commission shall share information
                collected under subparagraph (A) with--
                            ``(i) the Board;
                            ``(ii) the Securities and Exchange
                        Commission;
                            ``(iii) each appropriate Federal banking
                        agency;
                            ``(iv) each appropriate State bank
                        supervisor (within the meaning of section 3 of
                        the Federal Deposit Insurance Act);
                            ``(v) the Financial Stability Oversight
                        Council;
                            ``(vi) the Department of Justice; and
                            ``(vii) any other person that the
                        Commission determines to be appropriate,
                        including--
                                    ``(I) foreign financial supervisors
                                (including foreign futures
                                authorities);
                                    ``(II) foreign central banks; and
                                    ``(III) foreign ministries.
                    ``(C) Confidentiality agreement.--Before the
                Commission may share information with any entity
                described in subparagraph (B), the Commission shall
                receive a written agreement from the entity stating
                that the entity shall abide by the confidentiality
                requirements described in section 8 relating to the
                information on digital commodities that is provided.
                    ``(D) Providing information.--A digital commodity
                exchange shall provide to the Commission (including any
                designee of the Commission) information under
                subparagraph (A) in such form and at such frequency as
                is required by the Commission.
            ``(10) Antitrust considerations.--Unless necessary or
        appropriate to achieve the purposes of this Act, a digital
        commodity exchange shall not--
                    ``(A) adopt any rules or take any actions that
                result in any unreasonable restraint of trade; or
                    ``(B) impose any material anticompetitive burden on
                trading.
            ``(11) Conflicts of interest.--The digital commodity
        exchange shall establish and enforce rules--
                    ``(A) to minimize conflicts of interest in the
                decision making processes of the contract market; and
                    ``(B) to establish a process for resolving
                conflicts of interest referred to in subparagraph (A).
            ``(12) Financial resources.--
                    ``(A) In general.--A digital commodity exchange
                shall have adequate financial, operational, and
                managerial resources, as determined by the Commission,
                to discharge each responsibility of the digital
                commodity exchange.
                    ``(B) Minimum amount of financial resources.--A
                digital commodity exchange shall possess financial
                resources that, at a minimum, exceed the sum of--
                            ``(i) the total amount that would enable
                        the digital commodity exchange to cover the
                        operating costs of the digital commodity
                        exchange for a 1-year period, as calculated on
                        a rolling basis; and
                            ``(ii) the total amount necessary to meet
                        the financial obligations of the digital
                        commodity exchange to all customers of the
                        digital commodity exchange.
            ``(13) Disciplinary procedures.--A digital commodity
        exchange shall establish and enforce disciplinary procedures
        that authorize the digital commodity exchange to discipline,
        suspend, or expel members or market participants that violate
        the rules of the digital commodity exchange, or similar methods
        for performing the same functions, including delegation of the
        functions to third parties.
            ``(14) Governance fitness standards.--
                    ``(A) Governance arrangements.--A digital commodity
                exchange shall establish governance arrangements that
                are transparent and designed to permit consideration of
                the views of market participants.
                    ``(B) Fitness standards.--A digital commodity
                exchange shall establish and enforce appropriate
                fitness standards for--
                            ``(i) officers and directors; and
                            ``(ii) any individual or entity with direct
                        access to, or control of, customer assets.
            ``(15) System safeguards.--A digital commodity exchange
        shall--
                    ``(A) establish and maintain a program of risk
                analysis and oversight to identify and minimize sources
                of operational and security risks, through the
                development of appropriate controls and procedures, and
                automated systems in accordance with industry
                standards, that--
                            ``(i) are reliable and secure; and
                            ``(ii) have adequate scalable capacity;
                    ``(B) establish and maintain emergency procedures,
                backup resources, and a plan for disaster recovery that
                allow for--
                            ``(i) the timely recovery and resumption of
                        operations; and
                            ``(ii) the fulfillment of the
                        responsibilities and obligations of the digital
                        commodity exchange; and
                    ``(C) periodically conduct tests to verify that the
                backup resources of the digital commodity exchange are
                sufficient to ensure continued--
                            ``(i) order processing and trade matching;
                            ``(ii) price reporting;
                            ``(iii) market surveillance; and
                            ``(iv) maintenance of a comprehensive and
                        accurate audit trail.
    ``(d) Holding of Customer Assets.--
            ``(1) In general.--A digital commodity exchange shall hold
        customer money, assets, and property in a manner to minimize
        the risk of loss to the customer or unreasonable delay in
        customer access to the money, assets, and property of the
        customer.
            ``(2) Segregation of funds.--
                    ``(A) In general.--A digital commodity exchange
                shall treat and deal with all money, assets, and
                property that is received by the digital commodity
                exchange, or accrues to a customer as the result of
                trading in digital commodities, as belonging to the
                customer.
                    ``(B) Commingling prohibited.--Money, assets, and
                property described in subparagraph (A) shall be
                separately accounted for and shall not be commingled
                with the funds of the digital commodity exchange or be
                used to margin, secure, or guarantee any trades or
                accounts of any customer or person other than the
                person for whom the same are held.
                    ``(C) Exceptions.--
                            ``(i) Use of funds.--
                                    ``(I) In general.--Notwithstanding
                                subparagraph (A), money, assets, and
                                property described in subparagraph (A)
                                may, for convenience, be commingled and
                                deposited in the same account or
                                accounts with any bank, trust company,
                                derivatives clearing organization, or
                                qualified digital asset custodian.
                                    ``(II) Withdrawal.--Notwithstanding
                                subparagraph (A), such share of the
                                money, assets, and property described
                                in subparagraph (A) as in the normal
                                course of business shall be necessary
                                to margin, guarantee, secure, transfer,
                                adjust, or settle a contract of sale of
                                a digital commodity with a registered
                                entity may be withdrawn and applied to
                                such purposes, including the payment of
                                commissions, brokerage, interest,
                                taxes, storage, and other charges,
                                lawfully accruing in connection with
                                the contract.
                            ``(ii) Commission action.--Notwithstanding
                        subparagraph (A), in accordance with such terms
                        and conditions as the Commission may prescribe
                        by rule, regulation, or order, any money,
                        assets, or property of the customers of a
                        digital commodity exchange may be commingled
                        and deposited in customer accounts with any
                        other money, assets, or property received by
                        the digital commodity exchange and required by
                        the Commission to be separately accounted for
                        and treated and dealt with as belonging to the
                        customer of the digital commodity exchange.
            ``(3) Permitted investments.--Money described in paragraph
        (2) may be invested in obligations of the United States, in
        general obligations of any State or of any political
        subdivision of a State, and in obligations fully guaranteed as
        to principal and interest by the United States, or in any other
        investment that the Commission may by rule or regulation
        prescribe, and such investments shall be made in accordance
        with such rules and regulations and subject to such conditions
        as the Commission may prescribe.
            ``(4) Customer protection during bankruptcy.--
                    ``(A) Customer property.--All assets held on behalf
                of a customer by a digital commodity exchange, and all
                money, assets, and property of any customer received by
                a digital commodity exchange for trading or custody, or
                to facilitate, margin, guarantee, or secure contracts
                of sale of a digital commodity (including money,
                assets, or property accruing to the customer as the
                result of the transactions), shall be considered
                customer property for purposes of section 761 of title
                11, United States Code.
                    ``(B) Transactions.--A transaction involving the
                sale of a unit of a digital commodity occurring on or
                subject to the rules of a digital commodity exchange
                shall be considered a contract for the purchase or sale
                of a commodity for future delivery, on or subject to
                the rules of, a contract market or board of trade for
                purposes of the definition of `commodity contract' in
                section 761 of title 11, United States Code.
                    ``(C) Exchanges.--A digital commodity exchange
                shall be considered a futures commission merchant for
                purposes of section 761 of title 11, United States
                Code.
                    ``(D) Assets removed from segregation.--Assets
                removed from segregation due to a customer election
                under paragraph (6) shall not be considered customer
                property for purposes of section 761 of title 11,
                United States Code.
            ``(5) Misuse of customer property.--
                    ``(A) In general.--It shall be unlawful--
                            ``(i) for any digital commodity exchange
                        that has received any customer money, assets,
                        or property for custody to dispose of, or use
                        any such money, assets, or property as
                        belonging to the digital commodity exchange or
                        any person other than a customer of the digital
                        commodity exchange; or
                            ``(ii) for any other person, including any
                        depository, other digital commodity exchange,
                        or digital asset custodian that has received
                        any customer money, assets, or property for
                        deposit, to hold, dispose of, or use any such
                        money, assets, or property, or property, as
                        belonging to the depositing digital commodity
                        exchange or any person other than the customers
                        of the digital commodity exchange.
                    ``(B) Use further defined.--For purposes of this
                section, `use' of a digital commodity includes
                utilizing any unit of a digital asset to participate in
                a blockchain service defined in paragraph (6) or a
                decentralized governance system associated with the
                digital commodity or the blockchain system to which the
                digital commodity relates in any manner other than that
                expressly directed by the customer from whom the unit
                of a digital commodity was received.
            ``(6) Participation in blockchain services.--
                    ``(A) Use of funds.--A digital commodity exchange
                (or a designee of a digital commodity exchange) may use
                a unit of a digital commodity belonging to a customer
                to provide a blockchain service for a blockchain system
                to which the unit of the digital commodity relates if--
                            ``(i) the customer expressly permits the
                        use, in writing to the digital commodity
                        exchange; and
                            ``(ii) the digital commodity exchange
                        complies with subparagraph (B).
                    ``(B) Limitations.--
                            ``(i) In general.--The Commission shall, by
                        rule, establish notice and disclosure
                        requirements, and may, by rule, establish any
                        other limitations and rules related to a
                        permission provided under subparagraph (A) that
                        are reasonably necessary to protect customers,
                        including eligible contract participants, non-
                        eligible contract participants, or any other
                        class of customers.
                            ``(ii) Customer choice.--A digital
                        commodity exchange may not require a customer
                        to provide the permission referred to in
                        subparagraph (A) as a condition of doing
                        business on the exchange.
                    ``(C) Requirements.--The Commission may, by rule,
                waive or modify the requirements of paragraph (2) or
                subsection (h), to facilitate the use of a unit of a
                digital commodity belonging to a customer to provide a
                blockchain service.
                    ``(D) Blockchain service defined.--In this
                paragraph, the term `blockchain service' means any
                activity relating to validating transactions on a
                blockchain system, providing security for a blockchain
                system, or other similar activity, including protocol
                consensus participation activities described in section
                2(a)(30)(B) of the Securities Act of 1933, required for
                the ongoing operation of a blockchain system.
    ``(e) Market Access Requirements.--The Commission may, by rule,
impose any additional requirements related to the operations and
activities of the digital commodity exchange and an affiliated digital
commodity broker necessary to protect market participants, promote fair
and equitable trading on the digital commodity exchange, and promote
responsible innovation.
    ``(f) Designation of Chief Compliance Officer.--
            ``(1) In general.--A digital commodity exchange shall
        designate an individual to serve as a chief compliance officer.
            ``(2) Duties.--The chief compliance officer shall--
                    ``(A) report directly to the board or to the senior
                officer of the exchange;
                    ``(B) review compliance with the core principles in
                this subsection;
                    ``(C) in consultation with the board of the
                exchange, a body performing a function similar to that
                of a board, or the senior officer of the exchange,
                resolve any conflicts of interest that may arise;
                    ``(D) establish and administer the policies and
                procedures required to be established pursuant to this
                section;
                    ``(E) ensure compliance with this Act and the rules
                and regulations issued under this Act, including rules
                prescribed by the Commission pursuant to this section;
                and
                    ``(F) establish procedures for the remediation of
                noncompliance issues found during compliance office
                reviews, look backs, internal or external audit
                findings, self-reported errors, or through validated
                complaints.
            ``(3) Requirements for procedures.--In establishing
        procedures under paragraph (2)(F), the chief compliance officer
        shall design the procedures to establish the handling,
        management response, remediation, retesting, and closing of
        noncompliance issues.
            ``(4) Annual reports.--
                    ``(A) In general.--In accordance with rules
                prescribed by the Commission, the chief compliance
                officer shall annually prepare and sign a report that
                contains a description of--
                            ``(i) the compliance of the digital
                        commodity exchange with this Act; and
                            ``(ii) the policies and procedures,
                        including the code of ethics and conflicts of
                        interest policies, of the digital commodity
                        exchange.
                    ``(B) Requirements.--The chief compliance officer
                shall--
                            ``(i) submit each report described in
                        subparagraph (A) with the appropriate financial
                        report of the digital commodity exchange that
                        is required to be submitted to the Commission
                        pursuant to this section; and
                            ``(ii) include in the report a
                        certification that, under penalty of law, the
                        report is accurate and complete.
    ``(g) Appointment of Trustee.--
            ``(1) In general.--If a proceeding under section 5e results
        in the suspension or revocation of the registration of a
        digital commodity exchange, or if a digital commodity exchange
        withdraws from registration, the Commission, on notice to the
        digital commodity exchange, may apply to the appropriate United
        States district court where the digital commodity exchange is
        located for the appointment of a trustee.
            ``(2) Assumption of jurisdiction.--If the Commission
        applies for appointment of a trustee under paragraph (1)--
                    ``(A) the court may take exclusive jurisdiction
                over the digital commodity exchange and the records and
                assets of the digital commodity exchange, wherever
                located; and
                    ``(B) if the court takes jurisdiction under
                subparagraph (A), the court shall appoint the
                Commission, or a person designated by the Commission,
                as trustee with power to take possession and continue
                to operate or terminate the operations of the digital
                commodity exchange in an orderly manner for the
                protection of customers subject to such terms and
                conditions as the court may prescribe.
    ``(h) Qualified Digital Asset Custodian.--A digital commodity
exchange shall hold in a qualified digital asset custodian each unit of
a digital asset that is--
            ``(1) the property of a customer of the digital commodity
        exchange;
            ``(2) required to be held by the digital commodity exchange
        under subsection (c)(12) of this section; or
            ``(3) otherwise so required by the Commission to reasonably
        protect customers.
    ``(i) Exemptions.--
            ``(1) In general.--In order to promote responsible
        innovation and fair competition, or protect customers, the
        Commission may (on its own initiative or on application of the
        digital commodity exchange) exempt, either unconditionally or
        on stated terms or conditions or for stated periods and either
        retroactively or prospectively, or both, a digital commodity
        exchange from the requirements of this Act, if the Commission
        determines that--
                    ``(A) the exemption would be consistent with the
                public interest and the purposes of this Act; and
                    ``(B) the exemption will not have a material
                adverse effect on the ability of the Commission or the
                digital commodity exchange to discharge regulatory or
                self-regulatory duties under this Act.
            ``(2) Foreign exchanges.--The Commission may exempt,
        conditionally or unconditionally, a digital commodity exchange
        from registration under this section if the Commission finds
        that the digital commodity exchange is subject to comparable,
        comprehensive supervision and regulation on a consolidated
        basis by the appropriate governmental authorities in the home
        country of the facility.
    ``(j) Customer Defined.--In this section, the term `customer' means
any person that maintains an account for the trading of digital
commodities directly with a digital commodity exchange (other than a
person that is owned or controlled, directly or indirectly, by the
digital commodity exchange) for its own behalf or on behalf of any
other person.
    ``(k) Federal Preemption.--Notwithstanding any other provision of
law, the Commission shall have exclusive jurisdiction over any digital
commodity exchange registered under this section with respect to
activities and transactions subject to this Act.''.

SEC. 405. QUALIFIED DIGITAL ASSET CUSTODIANS.

    The Commodity Exchange Act (7 U.S.C. 1 et seq.), as amended by the
preceding provisions of this Act, is amended by inserting after section
5i the following:

``SEC. 5J. QUALIFIED DIGITAL ASSET CUSTODIANS.

    ``(a) In General.--A person is a qualified digital asset custodian
for purposes of this Act if the person--
            ``(1) holds digital assets on behalf of a person registered
        under this Act or a customer of a person registered under this
        Act; and
            ``(2) is in compliance with subsections (b) and (c).
    ``(b) Supervision Requirement.--A person is in compliance with this
subsection if the person is subject to--
            ``(1) supervision and examination for custody and
        safekeeping of digital assets by an appropriate Federal banking
        agency, the National Credit Union Administration, the
        Commission, or the Securities and Exchange Commission; or
            ``(2) adequate supervision and appropriate regulation for
        custody and safekeeping of digital assets by--
                    ``(A) a State bank supervisor (within the meaning
                of section 3 of the Federal Deposit Insurance Act);
                    ``(B) a State officer, agency, or other entity
                which has primary regulatory authority over
                nondepository State trust companies;
                    ``(C) a State credit union supervisor, as defined
                under section 6003 of the Anti-Money Laundering Act of
                2020; or
                    ``(D) an appropriate foreign governmental authority
                in the home country of such person.
    ``(c) Other Requirements.--A person shall be in compliance with
this subsection if:
            ``(1) Not otherwise prohibited.--The person has not been
        prohibited by its supervisor from engaging in an activity with
        respect to the custody and safekeeping of digital assets.
            ``(2) Information sharing.--
                    ``(A) In general.--The person shares information
                with the Commission on request and complies with such
                requirements for periodic sharing of information
                regarding customer accounts that the person holds on
                behalf of an entity registered with the Commission as
                the Commission determines by rule are reasonably
                necessary to effectuate any of the provisions, or to
                accomplish any of the purposes, of this Act.
                    ``(B) Provision of information.--If the person is
                subject to regulation and examination by an appropriate
                Federal banking agency, the person may satisfy any
                information request described in subparagraph (A) by
                providing the Commission with a detailed listing, in
                writing, of the digital assets of a customer in the
                custody of, or use by, the person.
            ``(3) Rulemaking for cftc entities.--
                    ``(A) In general.--The Commission shall prescribe
                rules to permit a person registered with the Commission
                to be a qualified digital asset custodian in compliance
                with this section.
                    ``(B) Content.--In prescribing the rules under
                subparagraph (A), the Commission shall require a person
                registered with the Commission to--
                            ``(i) implement requirement consistent with
                        the requirements in subsection (d)(1);
                            ``(ii) establish sufficient system
                        safeguards;
                            ``(iii) prevent or mitigate conflicts of
                        interest, as appropriate; and
                            ``(iv) establish separate governance
                        arrangements for the custodial function of the
                        entity.
    ``(d) Adequate Supervision and Appropriate Regulation.--
            ``(1) In general.--For purposes of subsection (b), the
        terms `adequate supervision' and `appropriate regulation' mean
        such minimum standards for supervision and regulation as are
        reasonably necessary to protect the digital assets held by a
        person registered under this Act, including standards relating
        to the licensing, examination, and supervisory processes that
        require the person to, at a minimum--
                    ``(A) receive a review and evaluation of ownership,
                character and fitness, conflicts of interest, business
                model, financial statements, funding resources, and
                policies and procedures of the person;
                    ``(B) hold capital sufficient for the financial
                integrity of the person;
                    ``(C) protect customer assets;
                    ``(D) establish and maintain books and records
                regarding the business of the person;
                    ``(E) submit financial statements and audited
                financial statements to the applicable supervisor
                described in subsection (b);
                    ``(F) provide disclosures to the applicable
                supervisor described in subsection (b) regarding
                actions, proceedings, and other items as determined by
                the supervisor;
                    ``(G) maintain and enforce policies and procedures
                for compliance with applicable State and Federal laws,
                including those related to anti-money laundering and
                cybersecurity;
                    ``(H) establish a business continuity plan to
                ensure functionality in cases of disruption; and
                    ``(I) establish policies and procedures to resolve
                complaints.
            ``(2) Rulemaking with respect to definitions.--
                    ``(A) In general.--For purposes of this section,
                the Commission may, by rule, further define the terms
                `adequate supervision' and `appropriate regulation' as
                necessary and appropriate for the protection of
                customers, and consistent with the purposes of this
                Act.
                    ``(B) Existing digital asset custodians.--A trust
                company operating as a digital asset custodian before
                the effective date of a rulemaking under subparagraph
                (A) is deemed subject to adequate supervision and
                appropriate regulation if--
                            ``(i) the trust company is expressly
                        permitted by a State bank supervisor to engage
                        in the custody and safekeeping of digital
                        assets;
                            ``(ii) the State bank supervisor has
                        established licensing, examination, and
                        supervisory processes that require the trust
                        company to, at a minimum, meet the conditions
                        described in subparagraphs (A) through (I) of
                        paragraph (1); and
                            ``(iii) the trust company is in good
                        standing with its State bank supervisor.
                    ``(C) Transition period for certain custodians.--In
                implementing the rulemaking under subparagraph (A), the
                Commission shall provide a transition period of not
                less than 2 years for any trust company that is deemed
                subject to adequate supervision and appropriate
                regulation under subparagraph (B) on the effective date
                of the rulemaking.
    ``(e) Authority to Temporarily Suspend Standards.--The Commission
may, by rule or order, temporarily suspend, in whole or in part, any
requirement imposed under, or any standard referred to in, this
section, or any requirement to utilize a qualified digital asset
custodian, if the Commission determines that the suspension would be
consistent with the public interest and the purposes of this Act.''.

SEC. 406. REGISTRATION AND REGULATION OF DIGITAL COMMODITY BROKERS AND
              DEALERS.

    The Commodity Exchange Act (7 U.S.C. 1 et seq.) is amended by
inserting after section 4t the following:

``SEC. 4U. REGISTRATION AND REGULATION OF DIGITAL COMMODITY BROKERS AND
              DEALERS.

    ``(a) Registration.--
            ``(1) Requirement.--It shall be unlawful for any person to
        act as a digital commodity broker or digital commodity dealer
        unless the person is registered as such with the Commission.
            ``(2) Additional registration.--
                    ``(A) Rules.--In order to foster the development of
                fair and orderly markets, protect customers, and
                promote responsible innovation, the Commission--
                            ``(i) shall prescribe rules to exempt an
                        entity registered with the Commission under
                        more than 1 section of this Act from
                        duplicative, conflicting, or unduly burdensome
                        provisions of this Act and the rules under this
                        Act;
                            ``(ii) shall prescribe rules to address
                        conflicts of interests and the activities of
                        the entity; and
                            ``(iii) may after an analysis of the risks
                        and benefits, prescribe rules to provide for
                        portfolio margining.
                    ``(B) With membership in a registered futures
                association.--Any person required to be registered as a
                digital commodity broker or digital commodity dealer
                under this section shall become and remain a member of
                a registered futures association.
    ``(b) Requirements.--
            ``(1) In general.--A person shall register as a digital
        commodity broker or digital commodity dealer by filing a
        registration application with the Commission.
            ``(2) Contents.--
                    ``(A) In general.--The application shall be made in
                such form and manner as is prescribed by the
                Commission, and shall contain such information as the
                Commission considers necessary concerning the business
                in which the applicant is or will be engaged.
                    ``(B) Continual reporting.--A person that is
                registered as a digital commodity broker or digital
                commodity dealer shall continue to submit to the
                Commission reports that contain such information
                pertaining to the business of the person as the
                Commission may require.
            ``(3) Statutory disqualification.--Except to the extent
        otherwise specifically provided by rule, regulation, or order,
        it shall be unlawful for a digital commodity broker or digital
        commodity dealer to permit any person who is associated with a
        digital commodity broker or a digital commodity dealer and who
        is subject to a statutory disqualification to effect or be
        involved in effecting a contract of sale of a digital commodity
        on behalf of the digital commodity broker or the digital
        commodity dealer, respectively, if the digital commodity broker
        or digital commodity dealer, respectively, knew, or in the
        exercise of reasonable care should have known, of the statutory
        disqualification.
    ``(c) Rulemaking.--
            ``(1) In general.--The Commission shall prescribe such
        rules applicable to registered digital commodity brokers and
        registered digital commodity dealers as are appropriate to
        carry out this section, including rules in the public interest
        that limit the activities of digital commodity brokers and
        digital commodity dealers.
            ``(2) Financing agreements.--
                    ``(A) In general.--The Commission shall prescribe
                rules and regulations applicable to digital commodity
                brokers or digital commodity dealers which shall set
                forth minimum requirements related to disclosure,
                recordkeeping, margin financing arrangements,
                rehypothecation, capital, reporting, business conduct,
                documentation, and supervision of employees and agents,
                in connection with--
                            ``(i) an agreement described in section
                        2(c)(2)(D)(iv); or
                            ``(ii) any other margined, leveraged, or
                        financing arrangement for the purchase or sale
                        of a digital commodity with an eligible
                        contract participant.
                    ``(B) Specific authority.--Except as prohibited in
                section 2(c)(2)(G)(iii), the Commission may also make,
                promulgate, and enforce such rules and regulations as,
                in the judgment of the Commission, are reasonably
                necessary to effectuate any of the provisions of, or to
                accomplish any of the purposes of, this Act in
                connection with an agreement referred to in
                subparagraph (A) of this paragraph.
    ``(d) Capital Requirements.--
            ``(1) In general.--Each digital commodity broker and
        digital commodity dealer shall meet such minimum capital
        requirements as the Commission may prescribe to address the
        risks associated with digital commodity trading and to ensure
        that the digital commodity broker or digital commodity dealer,
        respectively, is able, at all times, to--
                    ``(A) meet, and continue to meet the obligations of
                such a registrant; and
                    ``(B) fulfill obligations to customers or
                counterparties for any margined, leveraged, or financed
                transactions.
            ``(2) Futures commission merchants and other dealers.--Each
        futures commission merchant, introducing broker, digital
        commodity broker, digital commodity dealer, broker, and dealer
        shall maintain sufficient capital to comply with the stricter
        of any applicable capital requirements to which the futures
        commission merchant, introducing broker, digital commodity
        broker, digital commodity dealer, broker, or dealer,
        respectively, is subject under this Act or the Securities
        Exchange Act of 1934 (15 U.S.C. 78a et seq.).
    ``(e) Reporting and Recordkeeping.--Each digital commodity broker
and digital commodity dealer--
            ``(1) shall make such reports as are required by the
        Commission by rule or regulation regarding the transactions,
        positions, and financial condition of the digital commodity
        broker or digital commodity dealer, respectively;
            ``(2) shall keep books and records in such form and manner
        and for such period as may be prescribed by the Commission by
        rule or regulation; and
            ``(3) shall keep the books and records open to inspection
        and examination by any representative of the Commission.
    ``(f) Daily Trading Records.--
            ``(1) In general.--Each digital commodity broker and
        digital commodity dealer shall maintain daily trading records
        of the transactions of the digital commodity broker or digital
        commodity dealer, respectively, and all related records
        (including related forward or derivatives transactions) and
        recorded communications, including electronic mail, instant
        messages, and recordings of telephone calls, for such period as
        the Commission may require by rule or regulation.
            ``(2) Information requirements.--The daily trading records
        shall include such information as the Commission shall require
        by rule or regulation.
            ``(3) Counterparty records.--Each digital commodity broker
        and digital commodity dealer shall maintain daily trading
        records for each customer or counterparty in a manner and form
        that is identifiable with each digital commodity transaction.
            ``(4) Audit trail.--Each digital commodity broker and
        digital commodity dealer shall maintain a complete audit trail
        for conducting comprehensive and accurate trade
        reconstructions.
    ``(g) Business Conduct Standards.--
            ``(1) In general.--Each digital commodity broker and
        digital commodity dealer shall conform with such business
        conduct standards as the Commission, by rule or regulation,
        prescribes related to--
                    ``(A) fraud, manipulation, and other abusive
                practices involving spot or margined, leveraged, or
                financed digital commodity transactions (including
                transactions that are offered but not entered into);
                    ``(B) diligent supervision of the business of the
                registered digital commodity broker or digital
                commodity dealer, respectively; and
                    ``(C) such other matters as the Commission deems
                appropriate.
            ``(2) Business conduct requirements.--The Commission shall,
        by rule, prescribe business conduct requirements which--
                    ``(A) require disclosure by a registered digital
                commodity broker and registered digital commodity
                dealer to any counterparty to the transaction (other
                than an eligible contract participant) of--
                            ``(i) information about the material risks
                        and characteristics of the digital commodity;
                        and
                            ``(ii) information about the material risks
                        and characteristics of the transaction;
                    ``(B) establish a duty for such a digital commodity
                broker and such a digital commodity dealer to
                communicate in a fair and balanced manner based on
                principles of fair dealing and good faith;
                    ``(C) establish standards governing digital
                commodity broker and digital commodity dealer marketing
                and advertising, including testimonials and
                endorsements; and
                    ``(D) establish such other standards and
                requirements as the Commission may determine are
                appropriate for the protection of customers.
            ``(3) Prohibition on fraudulent practices.--It shall be
        unlawful for a digital commodity broker or digital commodity
        dealer to--
                    ``(A) employ any device, scheme, or artifice to
                defraud any customer or counterparty;
                    ``(B) engage in any transaction, practice, or
                course of business that operates as a fraud or deceit
                on any customer or counterparty; or
                    ``(C) engage in any act, practice, or course of
                business that is fraudulent, deceptive, or
                manipulative.
    ``(h) Duties.--
            ``(1) Risk management procedures.--Each digital commodity
        broker and digital commodity dealer shall establish robust and
        professional risk management systems adequate for managing the
        day-to-day business of the digital commodity broker or digital
        commodity dealer, respectively.
            ``(2) Disclosure of general information.--Each digital
        commodity broker and digital commodity dealer shall disclose to
        the Commission information concerning--
                    ``(A) the terms and conditions of the transactions
                of the digital commodity broker or digital commodity
                dealer, respectively;
                    ``(B) the trading operations, mechanisms, and
                practices of the digital commodity broker or digital
                commodity dealer, respectively;
                    ``(C) financial integrity protections relating to
                the activities of the digital commodity broker or
                digital commodity dealer, respectively; and
                    ``(D) other information relevant to trading in
                digital commodities by the digital commodity broker or
                digital commodity dealer, respectively.
            ``(3) Ability to obtain information.--Each digital
        commodity broker and digital commodity dealer shall--
                    ``(A) establish and enforce internal systems and
                procedures to obtain any necessary information to
                perform any of the functions described in this section;
                and
                    ``(B) provide the information to the Commission, on
                request.
            ``(4) Conflicts of interest.--Each digital commodity broker
        and digital commodity dealer shall establish, maintain, and
        enforce written policies and procedures reasonably designed,
        taking into consideration the nature of the business of the
        person, to mitigate any conflicts of interest in transactions
        or arrangements with affiliates.
            ``(5) Antitrust considerations.--Unless necessary or
        appropriate to achieve the purposes of this Act, a digital
        commodity broker or digital commodity dealer shall not--
                    ``(A) adopt any process or take any action that
                results in any unreasonable restraint of trade; or
                    ``(B) impose any material anticompetitive burden on
                trading or clearing.
    ``(i) Designation of Chief Compliance Officer.--
            ``(1) In general.--Each digital commodity broker and
        digital commodity dealer shall designate an individual to serve
        as a chief compliance officer.
            ``(2) Duties.--The chief compliance officer shall--
                    ``(A) report directly to the board or to the senior
                officer of the registered digital commodity broker or
                registered digital commodity dealer;
                    ``(B) review the compliance of the registered
                digital commodity broker or registered digital
                commodity dealer with respect to the registered digital
                commodity broker and registered digital commodity
                dealer requirements described in this section;
                    ``(C) in consultation with the board of directors,
                a body performing a function similar to the board, or
                the senior officer of the organization, resolve any
                conflicts of interest that may arise;
                    ``(D) be responsible for administering each policy
                and procedure that is required to be established
                pursuant to this section;
                    ``(E) ensure compliance with this Act (including
                regulations), including each rule prescribed by the
                Commission under this section;
                    ``(F) establish procedures for the remediation of
                noncompliance issues identified by the chief compliance
                officer through any--
                            ``(i) compliance office review;
                            ``(ii) look-back;
                            ``(iii) internal or external audit finding;
                            ``(iv) self-reported error; or
                            ``(v) validated complaint; and
                    ``(G) establish and follow appropriate procedures
                for the handling, management response, remediation,
                retesting, and closing of noncompliance issues.
            ``(3) Annual reports.--
                    ``(A) In general.--In accordance with rules
                prescribed by the Commission, the chief compliance
                officer shall annually prepare and sign a report that
                contains a description of--
                            ``(i) the compliance of the registered
                        digital commodity broker or registered digital
                        commodity dealer with this Act (including
                        regulations); and
                            ``(ii) each policy and procedure of the
                        registered digital commodity broker or
                        registered digital commodity dealer followed by
                        the chief compliance officer (including the
                        code of ethics and conflict of interest
                        policies).
                    ``(B) Requirements.--The chief compliance officer
                shall ensure that a compliance report under
                subparagraph (A)--
                            ``(i) accompanies each appropriate
                        financial report of the registered digital
                        commodity broker or registered digital
                        commodity dealer that is required to be
                        furnished to the Commission pursuant to this
                        section; and
                            ``(ii) includes a certification that, under
                        penalty of law, the compliance report is
                        accurate and complete.
    ``(j) Segregation of Digital Commodities.--
            ``(1) Holding of customer assets.--
                    ``(A) In general.--Each digital commodity broker
                and digital commodity dealer shall hold customer money,
                assets, and property in a manner to minimize the risk
                of loss to the customer or unreasonable delay in
                customer access to the money, assets, and property of
                the customer.
                    ``(B) Qualified digital asset custodian.--Each
                digital commodity broker and digital commodity dealer
                shall hold in a qualified digital asset custodian each
                unit of a digital asset that is--
                            ``(i) the property of a customer or
                        counterparty of the digital commodity broker or
                        digital commodity dealer, respectively;
                            ``(ii) required to be held by the digital
                        commodity broker or digital commodity dealer
                        under subsection (e); or
                            ``(iii) otherwise so required by the
                        Commission to reasonably protect customers or
                        promote the public interest.
            ``(2) Segregation of funds.--
                    ``(A) In general.--Each digital commodity broker
                and digital commodity dealer shall treat and deal with
                all money, assets, and property that is received by the
                digital commodity broker or digital commodity dealer,
                or accrues to a customer as the result of trading in
                digital commodities, as belonging to the customer.
                    ``(B) Commingling prohibited.--
                            ``(i) In general.--Except as provided in
                        clause (ii), each digital commodity broker and
                        digital commodity dealer shall separately
                        account for money, assets, and property of a
                        digital commodity customer, and shall not
                        commingle any such money, assets, or property
                        with the funds of the digital commodity broker
                        or digital commodity dealer, respectively, or
                        use any such money, assets, or property to
                        margin, secure, or guarantee any trades or
                        accounts of any customer or person other than
                        the person for whom the money, assets, or
                        property are held.
                            ``(ii) Exceptions.--
                                    ``(I) Use of funds.--
                                            ``(aa) In general.--A
                                        digital commodity broker or
                                        digital commodity dealer may,
                                        for convenience, commingle and
                                        deposit in the same account or
                                        accounts with any bank, trust
                                        company, derivatives clearing
                                        organization, or qualified
                                        digital asset custodian money,
                                        assets, and property of
                                        customers.
                                            ``(bb) Withdrawal.--The
                                        share of the money, assets, and
                                        property described in item (aa)
                                        as in the normal course of
                                        business shall be necessary to
                                        margin, guarantee, secure,
                                        transfer, adjust, or settle a
                                        contract of sale of a digital
                                        commodity with a registered
                                        entity may be withdrawn and
                                        applied to such purposes,
                                        including the payment of
                                        commissions, brokerage,
                                        interest, taxes, storage, and
                                        other charges, lawfully
                                        accruing in connection with the
                                        contract.
                                    ``(II) Commission action.--In
                                accordance with such terms and
                                conditions as the Commission may
                                prescribe by rule, regulation, or
                                order, any money, assets, or property
                                of the customers of a digital commodity
                                broker or digital commodity dealer may
                                be commingled and deposited in customer
                                accounts with any other money, assets,
                                or property received by the digital
                                commodity broker or digital commodity
                                dealer, respectively, and required by
                                the Commission to be separately
                                accounted for and treated and dealt
                                with as belonging to the customer of
                                the digital commodity broker or digital
                                commodity dealer, respectively.
            ``(3) Permitted investments.--Money described in paragraph
        (2) may be invested in obligations of the United States, in
        general obligations of any State or of any political
        subdivision of a State, in obligations fully guaranteed as to
        principal and interest by the United States, or in any other
        investment that the Commission may by rule or regulation allow.
            ``(4) Customer protection during bankruptcy.--
                    ``(A) Customer property.--All money, assets, or
                property described in paragraph (2) shall be considered
                customer property for purposes of section 761 of title
                11, United States Code.
                    ``(B) Transactions.--A transaction involving a unit
                of a digital commodity occurring with a digital
                commodity broker or digital commodity dealer shall be
                considered a contract for the purchase or sale of a
                commodity for future delivery, on or subject to the
                rules of, a contract market or board of trade for
                purposes of the definition of a `commodity contract' in
                section 761 of title 11, United States Code.
                    ``(C) Brokers and dealers.--A digital commodity
                broker and a digital commodity dealer shall be
                considered a futures commission merchant for purposes
                of section 761 of title 11, United States Code.
                    ``(D) Assets removed from segregation.--Assets
                removed from segregation due to a customer election
                under paragraph (6) shall not be considered customer
                property for purposes of section 761 of title 11,
                United States Code.
            ``(5) Misuse of customer property.--
                    ``(A) In general.--It shall be unlawful--
                            ``(i) for any digital commodity broker or
                        digital commodity dealer that has received any
                        customer money, assets, or property for custody
                        to dispose of, or use any such money, assets,
                        or property as belonging to the digital
                        commodity broker or digital commodity dealer,
                        respectively, or any person other than a
                        customer of the digital commodity broker or
                        digital commodity dealer, respectively; or
                            ``(ii) for any other person, including any
                        depository, digital commodity exchange, other
                        digital commodity broker, other digital
                        commodity dealer, or digital commodity
                        custodian that has received any customer money,
                        assets, or property for deposit, to hold,
                        dispose of, or use any such money, assets, or
                        property, as belonging to the depositing
                        digital commodity broker or digital commodity
                        dealer or any person other than the customers
                        of the digital commodity broker or digital
                        commodity dealer, respectively.
                    ``(B) Use further defined.--For purposes of this
                section, `use' of a digital commodity includes
                utilizing any unit of a digital asset to participate in
                a blockchain service defined in paragraph (6) or a
                decentralized governance system associated with the
                digital commodity or the blockchain system to which the
                digital commodity relates in any manner other than that
                expressly directed by the customer from whom the unit
                of a digital commodity was received.
            ``(6) Participation in blockchain services.--
                    ``(A) Use of funds.--A digital commodity broker or
                digital commodity dealer (or a designee of a digital
                commodity broker or a digital commodity dealer) may use
                a unit of a digital commodity belonging to a customer
                to provide a blockchain service for a blockchain system
                to which the unit of the digital commodity relates if--
                            ``(i) the customer expressly permits the
                        use, in writing to the digital commodity broker
                        or digital commodity dealer, as the case may
                        be; and
                            ``(ii) the digital commodity broker or the
                        digital commodity dealer, as the case may be,
                        complies with subparagraph (B).
                    ``(B) Limitations.--
                            ``(i) In general.--The Commission shall, by
                        rule, establish notice and disclosure
                        requirements, and may, by rule, establish any
                        other limitations and rules related to a
                        permission provided under subparagraph (A) that
                        are reasonably necessary to protect customers,
                        including eligible contract participants, non-
                        eligible contract participants, or any other
                        class of customers.
                            ``(ii) Customer choice.--A digital
                        commodity broker or digital commodity dealer
                        may not require a customer to provide the
                        permission referred to in subparagraph (A) as a
                        condition of doing business with the broker or
                        dealer.
                    ``(C) Requirements.--The Commission may, by rule,
                waive or modify the requirements of paragraph (2) or
                subsection (h), to facilitate the use of a unit of a
                digital commodity belonging to a customer to provide a
                blockchain service.
                    ``(D) Blockchain service defined.--In this
                paragraph, the term `blockchain service' means any
                activity relating to validating transactions on a
                blockchain system, providing security for a blockchain
                system, or other similar activity, including protocol
                consensus participation activities described in section
                2(a)(30)(B) of the Securities Act of 1933, required for
                the ongoing operation of a blockchain system.
    ``(k) Federal Preemption.--Notwithstanding any other provision of
law, the Commission shall have exclusive jurisdiction over any digital
commodity broker or digital commodity dealer registered under this
section with respect to activities subject to this Act.
    ``(l) Exemptions.--In order to promote responsible innovation and
fair competition, or protect customers, the Commission may (on its own
initiative or on application of the digital commodity broker or digital
commodity dealer) exempt, unconditionally or on stated terms or
conditions, or for stated periods, and retroactively or prospectively,
or both, a digital commodity broker or digital commodity dealer from
the requirements of this Act, if the Commission determines that--
            ``(1)(A) the exemption would be consistent with the public
        interest and the purposes of this Act; and
            ``(B) the exemption will not have a material adverse effect
        on the ability of the Commission to discharge regulatory duties
        under this Act; or
            ``(2) the digital commodity broker or digital commodity
        dealer is subject to comparable, comprehensive supervision and
        regulation by the appropriate government authorities in the
        home country of the digital commodity broker or digital
        commodity dealer, respectively.''.

SEC. 407. REGISTRATION OF ASSOCIATED PERSONS.

    (a) In General.--Section 4k of the Commodity Exchange Act (7 U.S.C.
6k) is amended--
            (1) by redesignating subsections (4) through (6) as
        subsections (5) through (7), respectively;
            (2) by inserting after subsection (3) the following:
    ``(4) It shall be unlawful for any person to act as an associated
person of a digital commodity broker or an associated person of a
digital commodity dealer unless the person is registered with the
Commission under this Act and such registration shall not have expired,
been suspended (and the period of suspension has not expired), or been
revoked. It shall be unlawful for a digital commodity broker or a
digital commodity dealer to permit such a person to become or remain
associated with the digital commodity broker or digital commodity
dealer if the digital commodity broker or digital commodity dealer knew
or should have known that the person was not so registered or that the
registration had expired, been suspended (and the period of suspension
has not expired), or been revoked.''; and
            (3) in subsection (5) (as so redesignated), by striking
        ``or of a commodity trading advisor'' and inserting ``of a
        commodity trading advisor, of a digital commodity broker, or of
        a digital commodity dealer''.
    (b) Conforming Amendments.--The Commodity Exchange Act (7 U.S.C. 1a
et seq.) is amended by striking ``section 4k(6)'' each place it appears
and inserting ``section 4k(7)''.

SEC. 408. REGISTRATION OF COMMODITY POOL OPERATORS AND COMMODITY
              TRADING ADVISORS.

    (a) In General.--Section 4m(3) of the Commodity Exchange Act (7
U.S.C. 6m(3)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``any commodity trading advisor''
                and inserting ``a commodity pool operator or commodity
                trading advisor''; and
                    (B) by striking ``acting as a commodity trading
                advisor'' and inserting ``acting as a commodity pool
                operator or commodity trading advisor''; and
            (2) in subparagraph (C), by inserting ``digital
        commodities,'' after ``physical commodities,''.
    (b) Exemptive Authority.--Section 4m of such Act (7 U.S.C. 6m) is
amended by adding at the end the following:
    ``(4) Exemptive Authority.--The Commission shall promulgate rules
to provide appropriate exemptions for commodity pool operators and
commodity trading advisors, to provide relief from duplicative,
conflicting, or unduly burdensome requirements or to promote
responsible innovation, to the extent the exemptions foster the
development of fair and orderly cash or spot digital commodity markets,
are necessary or appropriate in the public interest, and are consistent
with the protection of customers.''.

SEC. 409. EXCLUSION FOR DECENTRALIZED FINANCE ACTIVITIES.

    The Commodity Exchange Act (7 U.S.C. 1 et seq.), as amended by the
preceding provisions of this Act, is amended by inserting after section
4u the following:

``SEC. 4V. DECENTRALIZED FINANCE ACTIVITIES NOT SUBJECT TO THIS ACT.

    ``(a) In General.--Notwithstanding any other provision of this Act,
a person shall not be subject to this Act and the regulations
promulgated under this Act based on the person directly or indirectly
engaging in any of the following activities, whether singly or in
combination, in relation to the operation of a blockchain system or in
relation to decentralized finance trading protocol:
            ``(1) Compiling network transactions or relaying,
        searching, sequencing, validating, or acting in a similar
        capacity.
            ``(2) Providing computational work, operating a node or
        oracle service, or procuring, offering, or utilizing network
        bandwidth, or other similar incidental services.
            ``(3) Providing a user-interface that enables a user to
        read, and access data about a blockchain system.
            ``(4) Developing, publishing, or otherwise distributing a
        blockchain system or a decentralized finance messaging system.
            ``(5) Constituting, administering, or maintaining a
        decentralized finance messaging system or decentralized finance
        trading protocol, or operating or participating in a liquidity
        pool with respect thereto, for the purpose of executing a spot
        transaction for the purchase or sale of a digital commodity.
            ``(6) Developing, publishing, constituting, administering,
        maintaining, or otherwise distributing software or systems that
        create or deploy hardware or software, including wallets or
        other systems, facilitating an individual user's own personal
        ability to keep, safeguard, or custody the user's digital
        assets or related private keys.
    ``(b) Exceptions.--Subsection (a) shall not be interpreted to apply
to the anti-fraud, anti-manipulation, or false reporting enforcement
authorities of the Commission.''.

SEC. 410. RESOURCES FOR IMPLEMENTATION AND ENFORCEMENT.

    (a) Collection of Fees.--
            (1) In general.--The Commodity Futures Trading Commission
        (in this section referred to as the ``Commission'') shall
        charge and collect a fee from each person in provisional status
        registered with the Commission pursuant to section 106, on--
                    (A) the filing of the initial application for
                registration; and
                    (B) an annual basis thereafter for maintaining
                provisional status.
            (2) Amount.--The fees authorized under paragraph (1) may be
        collected and available for obligation only in the amounts
        provided in advance in an appropriation Act.
            (3) Authority to adjust fees.--Notwithstanding the
        preceding provisions of this subsection, to promote fair
        competition or innovation, the Commission, in its sole
        discretion, may reduce or eliminate any fee otherwise required
        to be paid by a small or medium filer under this subsection.
    (b) Fee Schedule.--
            (1) In general.--The Commission shall publish in the
        Federal Register a schedule of the fees to be charged and
        collected under this section.
            (2) Content.--The fee schedule for a fiscal year shall
        include a written analysis of the estimate of the Commission of
        the total costs of carrying out the functions of the Commission
        under this Act during the fiscal year.
            (3) Submission to congress.--Before publishing the fee
        schedule for a fiscal year, the Commission shall submit a copy
        of the fee schedule to the Committees on Agriculture and on
        Appropriations of the House of Representatives and the
        Committees on Agriculture, Nutrition, and Forestry and on
        Appropriations of the Senate.
            (4) Timing.--
                    (A) 1st fiscal year.--The Commission shall publish
                the fee schedule for the fiscal year in which this Act
                is enacted, within 30 days after the date of the
                enactment of this Act.
                    (B) Subsequent fiscal years.--The Commission shall
                publish the fee schedule for each subsequent fiscal
                year, not less than 90 days before the due date
                prescribed by the Commission for payment of the annual
                fee for the fiscal year.
    (c) Late Payment Penalty.--
            (1) In general.--The Commission may impose a penalty
        against a person that fails to pay an annual fee charged under
        this section, within 30 days after the due date prescribed by
        the Commission for payment of the fee.
            (2) Amount.--The amount of the penalty shall be--
                    (A) 5 percent of the amount of the fee due,
                multiplied by
                    (B) the whole number of consecutive 30-day periods
                that have elapsed since the due date.
    (d) Reimbursement of Excess Fees.--To the extent that the total
amount of fees collected under this section during a fiscal year that
begins after the date of the enactment of this Act exceeds the amount
provided under subsection (a)(2) with respect to the fiscal year, the
Commission shall reimburse the excess amount to the persons who have
timely paid their annual fees, on a pro-rata basis that excludes
penalties, and shall do so within 60 days after the end of the fiscal
year.
    (e) Deposit of Fees Into the Treasury.--All amounts collected under
this section shall be credited to the currently applicable
appropriation, account, or fund of the Commission as discretionary
offsetting collections, and shall be available for the purposes
authorized in subsection (f) only to the extent and in the amounts
provided in advance in appropriations Acts.
    (f) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated to the Commission, there is
authorized to be appropriated to the Commission amounts collected under
this section to cover the costs of carrying out the functions of the
Commission under this Act.
    (g) Expedited Hiring Authority.--
            (1) Appointment authority.--The Chairman, pursuant to
        section 6(a), may appoint individuals to a position described
        in paragraph (2) of this subsection--
                    (A) in accordance with the statutes, rules, and
                regulations governing appointments to positions in the
                excepted service (as defined in section 2103 of title
                5, United States Code); and
                    (B) without regard to any statute, rule, or
                regulation governing appointments to positions in the
                competitive service (as defined in section 2102 of such
                title).
            (2) Position described.--A position referred to in
        subparagraph (1) is a position at the Commission that--
                    (A) is in the competitive service (as defined in
                section 2102 of such title); and
                    (B) requires specialized knowledge of digital
                commodities markets, financial and capital market
                formation or regulation, financial market structures or
                surveillance, data collection or analysis, or
                information technology, cybersecurity, or system
                safeguards.
            (3) Rule of construction.--The appointment of a candidate
        to a position under this subsection shall not be considered to
        cause the position to be converted from the competitive service
        to the excepted service.
    (h) Sunset.--The authorities provided by this section shall expire
at the end of the 4th fiscal year that begins after the date of the
enactment of this Act.

SEC. 411. REQUIREMENTS RELATED TO CONTROL PERSONS.

    The Commodity Exchange Act (7 U.S.C. 1 et seq.), as amended the
preceding provisions of this Act, is amended by inserting after section
4v the following:

``SEC. 4W. LIMITATION ON TRANSACTIONS BY BLOCKCHAIN CONTROL PERSONS.

    ``(a) Limitation.--It shall be unlawful for a blockchain control
person with respect to a blockchain system certified as a mature
blockchain system in accordance with section 42 of the Securities
Exchange Act of 1934 to sell a unit of a digital commodity related to
the blockchain system unless the person files notice with the
Commission, in a form and manner determined by the Commission, that the
person has or intends to obtain an authority described in subsection
(b)(1) with respect to the blockchain system, and complies with rules
adopted by the Commission that require--
            ``(1) disclosure of information to the Commission and the
        public about the material activities, as determined by the
        Commission, of the blockchain control person; and
            ``(2)(A) the use of a digital commodity broker to effect
        the sale; or
            ``(B) such other sales restrictions applicable to the
        blockchain control person, or any affiliated blockchain control
        person, to prevent manipulation and distortion of the value of
        the digital commodity and promote further maturity of the
        blockchain system to which the digital commodity relates.
    ``(b) Definitions.--In this section:
            ``(1) Blockchain control person.--The term `blockchain
        control person' means, with respect to a blockchain system, any
        person or group of persons under common control, other than a
        decentralized governance system, who--
                    ``(A) 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
                    ``(B) has the unilateral authority to direct the
                voting, in the aggregate, of 20 percent or more of the
                outstanding voting power of the 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.
            ``(2) Affiliated blockchain control person.--The term
        `affiliated blockchain control person' means any person
        directly or indirectly controlling, controlled by, or under
        common control with a blockchain control person, as the
        Commission by rule or regulation, may determine will effectuate
        the purposes of this section.''.

SEC. 412. OTHER TRADABLE ASSETS.

    The Commodity Exchange Act (7 U.S.C. 1 et seq.), as amended by the
preceding provisions of this Act, is amended--
            (1) by inserting after section 4w the following:

``SEC. 4X. TRADING REQUIREMENTS FOR OTHER TRADABLE ASSETS.

    ``(a) Limitation.--A contract of sale of a tradable asset shall not
be offered, solicited, traded, facilitated, executed, cleared,
reported, or otherwise dealt in, on or subject to the rules of a
registered entity, or by any other entity registered with the
Commission, except in accordance with subsection (b).
    ``(b) Requirements.--
            ``(1) Treatment of tradable assets.--A contract of sale of
        a tradable asset that is offered, solicited, traded,
        facilitated, executed, cleared, reported, or otherwise dealt in
        on or subject to the rules of a registered entity, or by any
        other entity registered with the Commission, shall be treated
        as a digital commodity for purposes of this Act.
            ``(2) Additional rulemaking authority.--In addition to the
        other requirements of this Act, the Commission may, by rule or
        regulation, impose additional obligations on any person
        registered under this Act offering, soliciting, trading,
        facilitating, executing, clearing, reporting, or otherwise
        dealing in a contract of sale of a tradable asset, or class
        thereof, pursuant to paragraph (1) as are necessary for the
        protection of customers, the promotion of innovation, and the
        maintenance of fair, orderly, and efficient markets, including
        additional obligations related to--
                    ``(A) disclosure;
                    ``(B) recordkeeping;
                    ``(C) capital;
                    ``(D) reporting;
                    ``(E) business conduct;
                    ``(F) documentation;
                    ``(G) supervision of employees; and
                    ``(H) segregation.
    ``(c) Tradable Asset Defined.--In this section, the term `tradable
asset' means a digital asset other than--
            ``(1) a digital commodity that is treated as such other
        than by reason of subsection (b)(1) of this section; or
            ``(2) a digital asset excluded from the definition of
        digital commodity pursuant to subclause (I) through (VII) of
        section 1a(16)(F)(iii).''; and
            (2) by inserting after section 6d the following:

``SEC. 6E. PROHIBITION ON TRADING CERTAIN DIGITAL ASSETS.

    ``(a) In General.--A contract of sale of a digital commodity or
tradable asset (as defined in section 4x) shall not be offered,
solicited, traded, facilitated, executed, cleared, reported, or
otherwise dealt in on or subject to the rules of a registered entity,
or by any other entity registered with the Commission, if the primary
purpose of the digital commodity or tradable asset is to be used to--
            ``(1) commit fraud or market manipulation;
            ``(2) further a scheme found in a final action by a court
        of competent jurisdiction to be in violation of campaign
        finance or government ethics laws; or
            ``(3) engage in any other conduct that would result in
        abusive practices or be disruptive to market integrity.
    ``(b) Guidance on Fraudulent, Manipulative, or Disruptive Tradable
Assets.--The Commission may, after public notice and comment, issue
guidance establishing criteria for determining if the primary purpose
of a digital commodity or tradable asset (as so defined) is to be used
to commit fraud or market manipulation, or engage in any other conduct
that would result in abusive practices or be disruptive to market
integrity.''.

SEC. 413. CONFLICT OF INTEREST RULEMAKING.

     Not later than 360 days after the date of the enactment of this
Act, the Commodity Futures Trading Commission shall issue rules
establishing requirements for the identification, mitigation, and
resolution of conflicts of interest among and across registered
entities (within the meaning of the Commodity Exchange Act) and persons
required to be registered with the Commission, including conflicts of
interest related to vertically integrated market structures and their
varying responsibilities.

SEC. 414. EFFECTIVE DATE.

    Unless otherwise provided in this title, this title and the
amendments made by this title shall take effect 270 days after the date
of the enactment of this Act.

SEC. 415. SENSE OF CONGRESS.

    It is the sense of Congress that nothing in this Act or any
amendment made by this Act should be interpreted to authorize any
entity to regulate any commodity, other than a digital commodity, on
any spot market.

            TITLE V--INNOVATION AND TECHNOLOGY IMPROVEMENTS

SEC. 501. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) Entrepreneurs and innovators are building and deploying
        this next generation of the internet.
            (2) Digital commodity networks represent a new way for
        people to join together and cooperate with one another to
        undertake certain activities.
            (3) Digital commodities have the potential to be the
        foundational building blocks of these systems, aligning the
        economic incentive for individuals to cooperate with one
        another to achieve a common purpose.
            (4) The digital commodity ecosystem has the potential to
        grow our economy and improve everyday lives of Americans by
        facilitating collaboration through the use of technology to
        manage activities, allocate resources, and facilitate decision
        making.
            (5) Blockchain systems and the digital commodities they
        empower provide control, enhance transparency, reduce
        transaction costs, and increase efficiency if proper
        protections are put in place for investors, consumers, our
        financial system, and our national security.
            (6) Blockchain technology facilitates new types of network
        participation which businesses in the United States may utilize
        in innovative ways.
            (7) Other digital commodity companies are setting up their
        operations outside of the United States, where countries are
        establishing frameworks to embrace the potential of blockchain
        technology and digital commodities and provide safeguards for
        consumers.
            (8) Digital commodities, despite the purported anonymity,
        provide law enforcement with an exceptional tracing tool to
        identify illicit activity and bring criminals to justice.
            (9) The Financial Services Committee of the House of
        Representatives has held multiple hearings highlighting various
        risks that digital commodities can pose to the financial
        markets, consumers, and investors that must be addressed as we
        seek to harness the benefits of these innovations.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should seek to prioritize
        understanding the potential opportunities of the next
        generation of the internet;
            (2) the United States should seek to foster advances in
        technology that have robust evidence indicating they can
        improve our financial system and create more fair and equitable
        access to financial services for everyday Americans while
        protecting our financial system, investors, and consumers;
            (3) the United States must support the responsible
        development of digital commodities and the underlying
        technology in the United States or risk the shifting of the
        development of such assets and technology outside of the United
        States, to less regulated countries;
            (4) Congress should consult with public and private sector
        stakeholders to understand how to enact a functional framework
        tailored to the specific risks and unique benefits of different
        digital commodity-related activities, distributed ledger
        technology, distributed networks, and mature blockchain
        systems;
            (5) Congress should enact a functional framework tailored
        to the specific risks of different digital commodity-related
        activities and unique benefits of distributed ledger
        technology, distributed networks, and mature blockchain
        systems; and
            (6) consumers and market participants will benefit from a
        framework for digital commodities consistent with longstanding
        investor protections in securities and commodities markets, yet
        tailored to the unique benefits and risks of the digital
        commodity ecosystem.

SEC. 502. STRATEGIC HUB FOR INNOVATION AND FINANCIAL TECHNOLOGY.

    Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is
amended by adding at the end the following:
    ``(k) Strategic Hub for Innovation and Financial Technology.--
            ``(1) Establishment.--Not later than 180 days after the
        date of the enactment of this subsection, the Securities and
        Exchange Commission shall establish a committee to be known as
        the Strategic Hub for Innovation and Financial Technology
        (referred to in this subsection as the `FinHub') to support
        engagement on emerging technologies in the financial sector.
            ``(2) Members.--The composition of FinHub shall be
        determined by the Commission, drawing from relevant divisions
        as appropriate, including the Division of Trading and Markets,
        Division of Corporate Finance, and Division of Investment
        Management.
            ``(3) Responsibilities.--FinHub shall--
                    ``(A) serve as a resource for the Commission on
                emerging financial technology advancements;
                    ``(B) engage with market participants working on
                emerging financial technologies; and
                    ``(C) facilitate communication between the
                Commission and businesses working in emerging financial
                technology fields with information on the Commission,
                its rules, and regulations.
            ``(4) Report to the commission.--
                    ``(A) In general.--Not later than October 31 of
                each year after 2025, FinHub shall provide an annual
                summary of its engagement activities to the Commission,
                which shall be included in the Commission's annual
                report to Congress.
                    ``(B) Confidentiality.--Each report submitted under
                this paragraph shall not contain confidential
                information.''.

SEC. 503. CODIFICATION OF LABCFTC.

    (a) In General.--Section 18 of the Commodity Exchange Act (7 U.S.C.
22) is amended by adding at the end the following:
    ``(c) LabCFTC.--
            ``(1) Establishment.--There is established in the
        Commission LabCFTC.
            ``(2) Purpose.--The purposes of LabCFTC are to--
                    ``(A) promote responsible financial technology
                innovation and fair competition for the benefit of the
                American public;
                    ``(B) serve as an information platform to inform
                the Commission about new financial technology
                innovation; and
                    ``(C) provide outreach to financial technology
                innovators to discuss their innovations and the
                regulatory framework established by this Act and the
                regulations promulgated thereunder.
            ``(3) Director.--LabCFTC shall have a Director, who shall
        be appointed by the Commission and serve at the pleasure of the
        Commission. Notwithstanding section 2(a)(6)(A), the Director
        shall report directly to the Commission and perform such
        functions and duties as the Commission may prescribe.
            ``(4) Duties.--LabCFTC shall--
                    ``(A) advise the Commission with respect to
                rulemakings or other agency or staff action regarding
                financial technology;
                    ``(B) provide internal education and training to
                the Commission regarding financial technology;
                    ``(C) advise the Commission regarding financial
                technology that would bolster the Commission's
                oversight functions;
                    ``(D) engage with academia, students, and
                professionals on financial technology issues, ideas,
                and technology relevant to activities under this Act;
                    ``(E) provide persons working in emerging
                technology fields with information on the Commission,
                its rules and regulations, and the role of a registered
                futures association; and
                    ``(F) encourage persons working in emerging
                technology fields to engage with the Commission and
                obtain feedback from the Commission on potential
                regulatory issues.
            ``(5) Report to congress.--
                    ``(A) In general.--Not later than October 31 of
                each year after 2025, LabCFTC shall submit to the
                Committee on Agriculture of the House of
                Representatives and the Committee on Agriculture,
                Nutrition, and Forestry of the Senate a report on its
                activities.
                    ``(B) Contents.--Each report required under
                paragraph (1) shall include--
                            ``(i) the total number of persons that met
                        with LabCFTC;
                            ``(ii) a summary of general issues
                        discussed during meetings with the person;
                            ``(iii) information on steps LabCFTC has
                        taken to improve Commission services, including
                        responsiveness to the concerns of persons;
                            ``(iv) recommendations made to the
                        Commission with respect to the regulations,
                        guidance, and orders of the Commission and such
                        legislative actions as may be appropriate; and
                            ``(v) any other information determined
                        appropriate by the Director of LabCFTC.
                    ``(C) Confidentiality.--A report under paragraph
                (A) shall abide by the confidentiality requirements in
                section 8.
            ``(6) Records and engagement.--The Commission shall--
                    ``(A) maintain systems of records to track
                engagements with the public through LabCFTC;
                    ``(B) store communications and materials received
                in connection with any such engagement in accordance
                with Commission policies and procedures on data
                retention and confidentiality; and
                    ``(C) take reasonable steps to protect any
                confidential or proprietary information received
                through LabCFTC engagement.''.
    (b) Conforming Amendments.--Section 2(a)(6)(A) of such Act (7
U.S.C. 2(a)(6)(A)) is amended--
            (1) by striking ``paragraph and in'' and inserting
        ``paragraph,''; and
            (2) by inserting ``and section 18(c)(3),'' before ``the
        executive''.
    (c) Effective Date.--The Commodity Futures Trading Commission shall
implement the amendments made by this section (including complying with
section 18(c)(7) of the Commodity Exchange Act) within 180 days after
the date of the enactment of this Act.

SEC. 504. STUDY ON DECENTRALIZED FINANCE.

    (a) In General.--The Commodity Futures Trading Commission, the
Securities and Exchange Commission, and the Secretary of the Treasury
shall jointly carry out a study on decentralized finance that
analyzes--
            (1) the nature, size, role, and use of decentralized
        finance blockchain applications;
            (2) the operation of blockchain applications that comprise
        decentralized finance;
            (3) the interoperability of blockchain applications and
        other blockchain systems;
            (4) the interoperability of blockchain applications and
        software-based systems, including websites and wallets;
            (5) the decentralized governance systems through which
        blockchain applications may be developed, published,
        constituted, administered, maintained, or otherwise
        distributed, including--
                    (A) whether the systems enhance or detract from--
                            (i) the decentralization of the
                        decentralized finance; and
                            (ii) the inherent benefits and risks of the
                        decentralized governance system; and
                    (B) any procedures, requirements, or best practices
                that would mitigate the risks identified in
                subparagraph (A)(ii);
            (6) the benefits of decentralized finance, including--
                    (A) operational resilience and availability of
                blockchain systems;
                    (B) interoperability of blockchain systems;
                    (C) market competition and innovation;
                    (D) transaction efficiency;
                    (E) transparency and traceability of transactions;
                and
                    (F) disintermediation;
            (7) the risks of decentralized finance, including--
                    (A) pseudonymity of users and transactions;
                    (B) disintermediation; and
                    (C) cybersecurity vulnerabilities;
            (8) the extent to which decentralized finance has
        integrated with the traditional financial markets and any
        potential risks or improvements to the stability of the
        markets;
            (9) how the levels of illicit activity in decentralized
        finance compare with the levels of illicit activity in
        traditional financial markets;
            (10) methods for addressing illicit activity in
        decentralized finance and traditional markets that are tailored
        to the unique attributes of each;
            (11) how decentralized finance may increase the
        accessibility of cross-border transactions; and
            (12) the feasibility of embedding self-executing compliance
        and risk controls into decentralized finance.
    (b) Consultation.--In carrying out the study required under
subsection (a), the Commodity Futures Trading Commission and the
Securities and Exchange Commission shall consult with the Secretary of
the Treasury on the factors described under paragraphs (7) through (10)
of subsection (a).
    (c) Report.--Not later than 1 year after the date of enactment of
this Act, the Commodity Futures Trading Commission and the Securities
and Exchange Commission shall jointly submit to the relevant
congressional committees a report that includes the results of the
study required by subsection (a).
    (d) GAO Study.--The Comptroller General of the United States
shall--
            (1) carry out a study on decentralized finance that
        analyzes the information described under paragraphs (1) through
        (12) of subsection (a); and
            (2) not later than 1 year after the date of enactment of
        this Act, submit to the relevant congressional committees a
        report that includes the results of the study required by
        paragraph (1).
    (e) Definitions.--In this section:
            (1) Decentralized finance.--
                    (A) In general.--The term ``decentralized finance''
                means blockchain applications (including decentralized
                finance trading protocols and related decentralized
                finance messaging systems) that allow users to engage
                in financial transactions in a self-directed manner so
                that a third-party intermediary does not effectuate the
                transactions or take custody of digital commodities of
                a user during any part of the transactions.
                    (B) Relationship to excluded activities.--The term
                ``decentralized finance'' shall not be interpreted to
                limit or exclude any activity from the activities
                described in section 15I(a) of the Securities Exchange
                Act of 1934 or section 4v(a) of the Commodity Exchange
                Act.
            (2) Relevant congressional committees.--The term ``relevant
        congressional committees'' means--
                    (A) the Committees on Financial Services and
                Agriculture of the House of Representatives; and
                    (B) the Committees on Banking, Housing, and Urban
                Affairs and Agriculture, Nutrition, and Forestry of the
                Senate.

SEC. 505. STUDY ON NON-FUNGIBLE TOKENS.

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

SEC. 506. STUDY ON EXPANDING FINANCIAL LITERACY AMONGST DIGITAL
              COMMODITY HOLDERS.

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

SEC. 507. STUDY ON FINANCIAL MARKET INFRASTRUCTURE IMPROVEMENTS.

    (a) In General.--The Commodity Futures Trading Commission and the
Securities and Exchange Commission shall jointly conduct a study to
assess whether additional guidance or rules are necessary to facilitate
the development of tokenized securities and derivatives products, and
to the extent such guidance or rules would foster the development of
fair and orderly financial markets, be necessary or appropriate in the
public interest, and be consistent with the protection of investors and
customers.
    (b) Report.--
            (1) Time limit.--Not later than 1 year after the date of
        enactment of this Act, the Commodity Futures Trading Commission
        and the Securities and Exchange Commission shall jointly submit
        to the relevant congressional committees a report that includes
        the results of the study required by subsection (a).
            (2) Relevant congressional committees defined.--In this
        section, the term ``relevant congressional committees'' means--
                    (A) the Committees on Financial Services and on
                Agriculture of the House of Representatives; and
                    (B) the Committees on Banking, Housing, and Urban
                Affairs and on Agriculture, Nutrition, and Forestry of
                the Senate.

SEC. 508. STUDY ON BLOCKCHAIN IN PAYMENTS.

    (a) Study Required.--The Secretary of the Treasury shall conduct a
study on the potential use of blockchain technology by the domestic
private sector to address--
            (1) fraud in payments;
            (2) transaction costs and transaction times;
            (3) automated payments; and
            (4) efficiency in commercial transactions.
    (b) Report to Congress.--Not later than one year after the date of
enactment of this Act, the Secretary shall submit a report to the
Committee on Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate that
summarizes the findings of the study required under subsection (a).
    (c) Rule of Construction.--Nothing in this section shall be
construed to mandate the use of blockchain technology by any public or
private entity.

SEC. 509. STUDY ON ILLICIT USE OF DIGITAL ASSETS.

    (a) In General.--One year after the date of the enactment of this
Act, the Secretary of the Treasury, in consultation with the Securities
and Exchange Commission and the Commodity Futures Trading Commission,
shall conduct a comprehensive review of how Foreign Terrorist
Organizations and Transnational Criminal Syndicates utilize digital
assets in connection with illicit activities.
    (b) Report.--Not later than 180 days after completing the review
under subsection (a), the Secretary of the Treasury shall issue a
report to the Committees on Agriculture and on Financial Services of
the House of Representatives and the Committees on Agriculture,
Nutrition, and Forestry and on Banking, Housing, and Urban Affairs of
the Senate on the findings of the Secretary, including--
            (1) an assessment of how Foreign Terrorist Organizations
        and Transnational Criminal Syndicates utilize digital assets in
        connection with illicit activities; and
            (2) recommendations to assist the Securities and Exchange
        Commission and the Commodity Futures Trading Commission in
        strengthening compliance and enforcement of digital assets-
        related entities registered with their respective agencies.

SEC. 510. GAO STUDY ON CERTAIN CENTRALIZED INTERMEDIARIES THAT ARE
              PRIMARILY LOCATED IN FOREIGN JURISDICTIONS.

    (a) In General.--The Comptroller General of the United States, in
consultation with the Secretary of the Treasury, shall conduct a study
to--
            (1) assess the risks posed by centralized intermediaries
        that are primarily located in foreign jurisdictions that
        provide services to U.S. persons without regulatory
        requirements that are substantially similar to the requirements
        of the Bank Secrecy Act; and
            (2) provide any regulatory or legislative recommendations
        to address these risks under paragraph (1).
    (b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall issue a report to Congress
containing all findings and determinations made in carrying out the
study required under subsection (a).

SEC. 511. STUDIES ON FOREIGN ADVERSARY PARTICIPATION.

    (a) In General.--The Secretary of the Treasury, in consultation
with the Commodity Futures Trading Commission and the Securities and
Exchange Commission, shall, not later than 1 year after date of the
enactment of this section, conduct a study and submit a report to the
relevant congressional committees that--
            (1) identifies any digital commodity registrants which are
        owned by governments of foreign adversaries;
            (2) determines whether any governments of foreign
        adversaries are collecting trading data about United States
        persons in the digital commodity markets; and
            (3) evaluates whether any proprietary intellectual property
        of digital commodity registrants is being misused or stolen by
        any governments of foreign adversaries.
    (b) GAO Study and Report.--
            (1) In general.--The Comptroller General shall, not later
        than 1 year after date of the enactment of this section,
        conduct a study and submit a report to the relevant
        congressional committees that--
                    (A) identifies any digital commodity registrants
                which are owned by governments of foreign adversaries;
                    (B) determines whether any governments of foreign
                adversaries are collecting trading data about United
                States persons in the digital commodity markets; and
                    (C) evaluates whether any proprietary intellectual
                property of digital commodity registrants is being
                misused or stolen by any governments of foreign
                adversaries.
    (c) Definitions.--In this section:
            (1) Digital commodity registrant.--The term ``digital
        commodity registrant'' means any person required to register as
        a digital commodity exchange, digital commodity broker, or
        digital commodity dealer under the Commodity Exchange Act.
            (2) Foreign adversaries.--The term ``foreign adversaries''
        means the foreign governments and foreign non-government
        persons determined by the Secretary of Commerce to be foreign
        adversaries under section 7.4(a) of title 15, Code of Federal
        Regulations.
            (3) Relevant congressional committees.--The term ``relevant
        congressional committees'' means--
                    (A) the Committees on Financial Services and
                Agriculture of the House of Representatives; and
                    (B) the Committees on Banking, Housing, and Urban
                Affairs and Agriculture, Nutrition, and Forestry of the
                Senate.

SEC. 512. CONFORMING AMENDMENTS.

    The GENIUS Act is amended--
            (1) in section 2, by amending paragraph (7) to read as
        follows:
            ``(7) Digital asset service provider.--The term `digital
        asset service provider' means any entity registered or required
        to be registered with the Securities and Exchange Commission or
        the Commodity Futures Trading Commission.'';
            (2) in section 4(a)--
                    (A) by amending paragraph (3) to read as follows:
            ``(3) Monthly certification; examination of reports by
        registered public accounting firm.--
                    ``(A) In general.--A permitted payment stablecoin
                issuer shall, each month, have the information
                disclosed in the previous month-end report required
                under paragraph (1)(C) examined by a registered public
                accounting firm and such examination shall be performed
                in accordance with standards for attestation
                engagements issued or adopted by the primary Federal
                payment stablecoin regulator or, in the case of a State
                qualified payment stablecoin issuer, the State payment
                stablecoin regulator.
                    ``(B) Certification.--Each month, the Chief
                Executive Officer and Chief Financial Officer of a
                permitted payment stablecoin issuer shall submit to, as
                applicable, the primary Federal payment stablecoin
                regulator or, in the case of a State qualified payment
                stablecoin issuer, the State payment stablecoin
                regulator, a certification that, based on such
                officers' knowledge, the previous monthly report
                required under paragraph (1)(C)--
                            ``(i) does not contain any untrue statement
                        of material fact or omit to state a material
                        fact necessary in order to make the statements
                        made, in light of the circumstances under which
                        such statements were made, not misleading; and
                            ``(ii) fairly presented in all material
                        respects the information required under
                        paragraph (1)(C) for the period presented in
                        such report.
                    ``(C) Criminal penalty.--Any person who submits a
                certification required under subparagraph (B) knowing
                that such certification is false shall be subject to
                the same criminal penalties as those set forth under
                section 1350(c) of title 18, United States Code.
                    ``(D) Internal controls over permitted payment
                stablecoin issuer's requirements.--
                            ``(i) In general.--Management of a
                        permitted payment stablecoin issuer shall
                        establish and maintain an adequate internal
                        control structure and procedures for the
                        requirements under this paragraph and
                        paragraphs (1) and (2) in accordance with a
                        framework determined acceptable by the primary
                        Federal payment stablecoin regulator or, in the
                        case of a State qualified payment stablecoin
                        issuer, the State payment stablecoin regulator.
                            ``(ii) Attestation report.--A permitted
                        payment stablecoin issuer shall obtain an
                        annual attestation report by an independent
                        registered public accounting firm attesting to
                        management's assertions concerning the
                        effectiveness of the internal control structure
                        and procedures for compliance with the
                        requirements described in this paragraph and
                        paragraphs (1) and (2). Such attestation shall
                        be made in accordance with standards for
                        attestation engagements issued or adopted by
                        the primary Federal payment stablecoin
                        regulator or, in the case of a State qualified
                        payment stablecoin issuer, the State payment
                        stablecoin regulator.''; and
                    (B) by amending paragraph (12) to read as follows:
            ``(12) Non-financial companies.--
                    ``(A) Prohibition on non-financial company
                ownership.--It shall be unlawful for a company that
                derives a majority of its revenues from activities that
                are not financial activities to retain or acquire
                control of a nonbank entity that is--
                            ``(i) a Federal qualified payment
                        stablecoin issuer; or
                            ``(ii) a State qualified payment stablecoin
                        issuer.
                    ``(B) Financial activities defined.--
                            ``(i) In general.--In this paragraph, the
                        term `financial activities' means--
                                    ``(I) a financial activity, within
                                the meaning of section 4(k) of the Bank
                                Holding Company Act of 1956 (12 U.S.C.
                                1843(k));
                                    ``(II) issuing, redeeming,
                                providing custodial or safekeeping
                                services for, buying, selling, making a
                                market in, or managing a reserve for
                                payment stablecoins;
                                    ``(III) providing electronic wallet
                                services for payment stablecoins; or
                                    ``(IV) an activity determined by
                                the Board to be a financial activity
                                pursuant to clause (ii).
                            ``(ii) Establishing additional financial
                        activities.--Not later than 180 days after the
                        date of enactment of the CLARITY Act of 2025,
                        the Board, in consultation with the Secretary
                        of the Treasury and the Comptroller, shall
                        issue rules, consistent with the purposes of
                        this Act, to establish--
                                    ``(I) a list of additional
                                activities that are financial
                                activities for purposes of clause (i),
                                including applicable digital asset
                                activities that are financial
                                activities; and
                                    ``(II) a streamlined procedure for
                                a nonbank entity to submit an activity
                                to the Board for purposes of the Board
                                determining whether such activity
                                should be added to the list of
                                additional activities that are
                                financial activities for purposes of
                                clause (i).''; and
            (3) by adding at the end the following:

``SEC. 21. COMMODITY-BACKED PAYMENT STABLECOINS.

    ``(a) Rule of Construction.--Nothing in this Act shall be construed
to prohibit or limit a commodity-backed payment stablecoin issuer from
issuing a commodity-backed payment stablecoin in accordance with
regulations established by a State commodity-backed payment stablecoin
regulator.
    ``(b) Preservation of Federal Authority.--Nothing in this section
shall be construed to alter or limit the jurisdiction of the Commodity
Futures Trading Commission over any matter within the Commission's
authority under applicable law.
    ``(c) Definitions.--For purposes of this section:
            ``(1) Commodity-backed payment stablecoin.--The term
        `commodity-backed payment stablecoin' means a digital asset--
                    ``(A) that is, or is designed to be, used as a
                means of payment or settlement;
                    ``(B) that is denominated in a highly liquid,
                publicly traded physical commodity, such as gold;
                    ``(C) the issuer of which is obligated to--
                            ``(i) convert, redeem, or repurchase for a
                        fixed amount of the denominated highly liquid,
                        publicly traded physical commodity; and
                            ``(ii) custody or cause to be custodied,
                        for the benefit of the holders of the payment
                        stablecoin, an amount of the physical commodity
                        equal to or greater than the total amount of
                        outstanding payment stablecoins, for the
                        purpose of converting, redeeming, or
                        repurchasing the digital asset; and
                    ``(D) that is not--
                            ``(i) a security issued by--
                                    ``(I) an investment company
                                registered under section 8(a) of the
                                Investment Company Act of 1940 (15
                                U.S.C. 80a-8(a)); or
                                    ``(II) a person that would be an
                                investment company under the Investment
                                Company Act of 1940 but for paragraphs
                                (1) and (7) of section 3(c) of that Act
                                (15 U.S.C. 80a-3(c));
                            ``(ii) 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 such deposit;
                            ``(iii) 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 such account; or
                            ``(iv) an interest or participation in a
                        commodity pool (as defined in section 1a(10) of
                        the Commodity Exchange Act (7 U.S.C. 1a)).
            ``(2) Commodity-backed payment stablecoin issuer.--The term
        `commodity-backed payment stablecoin issuer' means--
                    ``(A) an entity that issues a commodity-backed
                payment stablecoin; and
                    ``(B) an entity that is approved to issue such
                commodity-backed payment stablecoins by a State
                commodity-backed payment stablecoin regulator.
            ``(3) Physical commodity.--The term `physical commodity'
        means any exempt commodity (as defined in section 1a(21) of the
        Commodity Exchange Act (7 U.S.C. 1a)) which can be physically
        delivered.
            ``(4) State commodity-backed payment stablecoin
        regulator.--The term `State commodity-backed payment stablecoin
        regulator' means a State agency that has primary regulatory and
        supervisory authority over entities that issue commodity-backed
        payment stablecoins in such State.

``SEC. 22. PROTECTION OF SELF-CUSTODY.

    ``(a) In General.--A United States individual shall retain the
right to--
            ``(1) maintain a hardware wallet or software wallet for the
        purpose of facilitating the individual's own lawful custody of
        digital assets; and
            ``(2) 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--
                    ``(A) such other individual or entity is not a
                financial institution (as defined in section 5312 of
                title 31, United States Code); and
                    ``(B) the transactions do not involve any property
                or interests in property that are blocked pursuant to,
                or are otherwise prohibited by, United States
                sanctions.
    ``(b) Application.--This section--
            ``(1) applies solely to personal use by individuals; and
            ``(2) does not apply to individuals acting in a custodial
        or fiduciary capacity for others.
    ``(c) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Secretary of the Treasury, the
Securities and Exchange Commission, the Commodity Futures Trading
Commission, or the primary Federal payment stablecoin regulators to
carry out any enforcement action or special measure authorized under
applicable law, including--
            ``(1) the Bank Secrecy Act, section 9714 of the Combating
        Russian Money Laundering Act (31 U.S.C. 5318A note), and
        section 7213A of the Fentanyl Sanctions Act (21 U.S.C. 2313a);
        or
            ``(2) any other law relating to illicit finance, money
        laundering, terrorism financing, or United States sanctions.''.

               TITLE VI--ANTI-CBDC SURVEILLANCE STATE ACT

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Anti-CBDC Surveillance State
Act''.

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.

    Section 16 of the Federal Reserve Act (12 U.S.C. 411 et seq.) is
amended by adding at the end the following new paragraph:
    ``(18)(A) A Federal reserve bank may not--
    ``(i) offer financial products or services directly to an
individual;
    ``(ii) maintain an account on behalf of an individual; or
    ``(iii) issue a central bank digital currency, or any digital asset
that is substantially similar under any other name or label.
    ``(B) In this paragraph, the term `central bank digital currency'
has the meaning given that term under section 10(11)(D).''.

SEC. 603. PROHIBITION ON FEDERAL RESERVE BANKS INDIRECTLY ISSUING A
              CENTRAL BANK DIGITAL CURRENCY.

    Section 16 of the Federal Reserve Act (12 U.S.C. 411 et seq.), as
amended by section 2, is further amended by adding at the end the
following paragraph:
    ``(19)(A) A Federal reserve bank may not offer a central bank
digital currency, or any digital asset that is substantially similar
under any other name or label, indirectly to an individual through a
financial institution or other intermediary.
    ``(B) In this paragraph, the term `central bank digital currency'
has the meaning given that term under section 10(11)(D).''.

SEC. 604. PROHIBITION WITH RESPECT TO CENTRAL BANK DIGITAL CURRENCY.

    Section 10 of the Federal Reserve Act (12 U.S.C. 241 et seq.) is
amended by inserting before paragraph (12) the following:
            ``(11) Prohibition with respect to central bank digital
        currency.--
                    ``(A) In general.--The Board of Governors of the
                Federal Reserve System may not test, study, develop,
                create, or implement a central bank digital currency,
                or any digital asset that is substantially similar
                under any other name or label.
                    ``(B) Monetary policy.--The Board of Governors of
                the Federal Reserve System and the Federal Open Market
                Committee may not use a central bank digital currency
                to implement monetary policy, or any digital asset that
                is substantially similar under any other name or label.
                    ``(C) Exception.--Subparagraph (A) and sections
                16(18)(A)(iii) and 16(19)(A) may not be construed to
                prohibit any dollar-denominated currency that is open,
                permissionless, and private, and fully preserves the
                privacy protections of United States coins and physical
                currency.
                    ``(D) Central bank digital currency defined.--In
                this paragraph, the term `central bank digital
                currency' means a form of digital money or monetary
                value that is--
                            ``(i) denominated in the national unit of
                        account;
                            ``(ii) a direct liability of the Federal
                        Reserve System; and
                            ``(iii) widely available to the general
                        public.''.

SEC. 605. SENSE OF CONGRESS.

    It is the sense of Congress that the Board of Governors of the
Federal Reserve System currently does not have the authority to issue a
central bank digital currency, or any digital asset that is
substantially similar under any other name or label, and will not have
such authority unless Congress grants it under Congress's Article 1
Section 8 powers.

            Passed the House of Representatives July 17, 2025.

            Attest:

                                                                 Clerk.
119th CONGRESS

  1st Session

                               H. R. 3633

_______________________________________________________________________

                                 AN ACT

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