H.R. 3633, Reported in Senate with an amendment in the nature of a substitute (Calendar No. 423) (Part 4 of 5)

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

Fincen Wallet Rule

4

2026-06-01

Document text

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

involving a security that is issued, recorded, or
        transferred using distributed ledger technology, to the extent
        that the provision is outdated, unnecessary, or unduly
        burdensome in light of the unique technological characteristics
        of digital assets or substantially similar technology, which
        may include regulatory provisions governing--
                    (A) customer protection, including custody of
                digital assets or substantially similar technology;
                    (B) transfer agent rules;
                    (C) books and records, or recordkeeping
                requirements;
                    (D) clearance and settlement rules;
                    (E) broker-dealer, alternative trading system, and
                exchange rules;
                    (F) issuer disclosure and ongoing reporting
                requirements tailored to digital asset securities or
                substantially similar technology involving securities;
                and
                    (G) the use of vaults, digital asset receipts, or
                receipts involving substantially similar technology,
                vault tokens, or liquidity provider tokens; and
            (2) in imposing future obligations as those obligations
        relate to digital assets or substantially similar technology,
        do so in a manner consistent with the requirements described in
        paragraph (1).
    (b) Rule of Construction.--Nothing in this section may be construed
to limit the authority of the Commission to pursue fraud, manipulation,
or deceptive practices involving digital assets or substantially
similar technology.
    (c) Use of Existing Authority.--When considering, proposing,
adopting, or engaging in any rule or program or developing new rules or
programs, including those mandated or authorized under this Act, or any
amendment made by this Act, the activities of the Commission (which may
include the solicitation of data and other input from investors,
regulated entities, and market participants or the representatives of
any of those persons) shall be considered actions taken under
subsection (e) of section 19 of the Securities Act of 1933 (15 U.S.C.
77s) and shall be subject to subsection (f) of that section.
    (d) Continued Applicability of State Consumer Protection Laws.--
Except as expressly provided by this Act, or an amendment made by this
Act, nothing in this Act (or in any such amendment) shall preempt any
State consumer protection law, including common law, or a remedy
available under any such law.
    (e) Preemption for Exemptions and Digital Asset Activities Under
the Securities Act.--Section 18 of the Securities Act of 1933 (15
U.S.C. 77r) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (3)--
                            (i) in the paragraph heading, by inserting
                        ``in qualified transactions or'' after
                        ``sales'';
                            (ii) in the first sentence, by inserting
                        ``in a qualified transaction or'' after ``the
                        security''; and
                            (iii) in the second sentence--
                                    (I) by striking ``term `qualified
                                purchaser''' and inserting ``terms
                                `qualified transaction' and `qualified
                                purchaser''';
                                    (II) by inserting ``and categories
                                of transactions, including secondary
                                transactions,'' after ``securities'';
                                and
                                    (III) by inserting ``and with due
                                regard to the facilitation of capital
                                formation and the promotion of
                                innovation'' before the period at the
                                end; and
                    (B) in paragraph (4)--
                            (i) in subparagraph (A), by inserting ``or,
                        if the issuer is not required to file such
                        reports, where the Commission otherwise
                        determines, consistent with the public interest
                        and the protection of investors and with due
                        regard to the facilitation of capital formation
                        and the promotion of innovation'' before the
                        semicolon at the end;
                            (ii) in subparagraph (D)(ii), by inserting
                        ``in a qualified transaction or'' after
                        ``offered or sold'';
                            (iii) in subparagraph (F), by striking
                        ``or'' at the end;
                            (iv) in subparagraph (G), by striking the
                        period at the end and inserting ``; or''; and
                            (v) by adding at the end the following:
                    ``(H) Commission rules or regulations issued under
                section 28, except that this subparagraph does not
                apply to rules or regulations adopted before the date
                of enactment of this subparagraph.''.
    (f) Exempting Network Tokens From State Securities Laws.--
            (1) In general.--Section 18(b) of the Securities Act of
        1933 (15 U.S.C. 77r(b)) is amended by adding at the end the
        following:
            ``(5) Exemption in connection with network tokens.--A
        network token, as defined in section 4B(a), shall be treated as
        a covered security.''.
            (2) Rule of construction.--Nothing in this section, section
        4B of the Securities Act of 1933 (as added by this Act), or the
        amendments made by this section may be construed to limit the
        authority (as of the day before the date of enactment of this
        Act) described in section 18(c)(1) of the Securities Act of
        1933 (15 U.S.C. 77r(c)(1)) of a securities commission (or any
        agency or office performing like functions) of any State with
        respect to a covered security or any security.
    (g) Preemption for Ancillary Asset Activities Under the Securities
Act of 1933.--Section 18(b) of the Securities Act of 1933 (15 U.S.C.
77r(b)), as amended by subsection (f) is amended by adding at the end
the following:
            ``(6) Limitations on state law regarding ancillary
        assets.--
                    ``(A) Definitions.--In this paragraph, the term
                `ancillary asset' has the meaning given the term in
                section 4B(a).
                    ``(B) Exemption in connection with ancillary
                assets.--An ancillary asset offered, sold, or
                distributed in reliance on Regulation Crypto, as
                adopted under section 103 of the Lummis-Gillibrand
                Responsible Financial Innovation Act of 2026, shall be
                treated as a covered security.''.
    (h) Preservation of Regulation Best Interest.--
            (1) In general.--Subject to paragraph (2), nothing in this
        Act, any amendment made by this Act, or any rule issued under
        this Act or pursuant to any such amendment may be construed to
        limit, preempt, or otherwise affect the obligations of a broker
        or dealer registered with the Commission under section 15 of
        the Securities Exchange Act of 1934 (15 U.S.C. 78o) or section
        240.15l-1 of title 17, Code of Federal Regulations (commonly
        known as ``Regulation Best Interest''), or any successor
        regulation.
            (2) Application.--Paragraph (1) shall not apply with
        respect to any person registered with the Commodity Futures
        Trading Commission.
    (i) Preservation of Investment Adviser Fiduciary Duties.--Nothing
in this Act, any amendment made by this Act, or any rule issued under
this Act or pursuant to any such amendment may be construed to limit,
preempt, or otherwise affect the fiduciary duty that an investment
adviser (as defined in section 202 of the Investment Advisers Act of
1940 (15 U.S.C. 80b-2)) owes to a client under section 206 of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-6) or any other
provision of Federal or State law, including in connection with
investment advice regarding a digital commodity.

SEC. 109. INSIDER TRADING WITH RESPECT TO ANCILLARY ASSET TRANSACTIONS.

    (a) Definition.--In this section, the term ``distributed ledger
control person'' has the meaning given the term in section 104(a).
    (b) Application of Securities Laws.--Any provision of the
securities laws, or any regulation issued under the securities laws,
including any duty that arises under the securities laws or under such
a regulation, that applies with respect to a person that purchases,
sells, or offers to sell a security, security-based swap, or security-
based swap agreement while in possession of material nonpublic
information, or communicates such information in connection with or in
the transaction, shall apply to any offer, sale, or purchase of a
security, security-based swap, or security-based swap agreement in
which an ancillary asset is offered, sold, or purchased, including any
offer, sale, or purchase conducted pursuant to Regulation Crypto, as
adopted pursuant to section 103, whether conducted by an ancillary
asset originator, a related person, or any other person.
    (c) Rulemaking.--
            (1) In general.--The Commission shall adopt rules to
        implement subsection (b), which shall--
                    (A) include rules providing an affirmative defense
                for an offer, sale, or purchase of an ancillary asset
                made pursuant to a written plan adopted before the
                applicable person became aware of material nonpublic
                information, which shall be consistent with section
                240.10b5-1 of title 17, Code of Federal Regulations, or
                any successor regulation; and
                    (B) be interpreted and applied in a manner that is
                consistent with, and may not be construed to expand or
                contract, the principles of, and judicial precedent
                interpreting (by the Supreme Court of the United
                States), the securities laws and the regulations issued
                under the securities laws, as those principles and that
                judicial precedent are in effect, as of the day before
                the date of enactment of this Act.
            (2) Considerations.--In adopting rules under paragraph (1),
        the Commission shall consider, subject to subsection (e),
        whether, and under what circumstances, an offer, sale,
        purchase, or communication should be addressed by those rules,
        including by--
                    (A) a distributed ledger control person, any person
                acting on behalf of, or in concert with, an ancillary
                asset originator, related person, or distributed ledger
                control person, or a person that obtained material
                nonpublic information in the course of a relationship
                of trust and confidence with an ancillary asset
                originator or related person, where material nonpublic
                information regarding an ancillary asset originator or
                an ancillary asset was--
                            (i) obtained pursuant to or in breach of a
                        duty of trust or confidence;
                            (ii) deceptively obtained through theft,
                        bribery, misrepresentation, or espionage or in
                        violation of any Federal law protecting
                        computer data; or
                            (iii) obtained from an ancillary asset
                        originator or related person, the conduct of
                        which is described in subparagraph (B); or
                    (B) an ancillary asset originator or related person
                that purchases, sells, or otherwise distributes an
                ancillary asset, or communicates material nonpublic
                information regarding an ancillary asset originator or
                ancillary asset, while aware of material nonpublic
                information that is required to be disclosed in any
                disclosure furnished, or required to be furnished,
                under section 4B of the Securities Act of 1933, as
                added by this Act, or Regulation Crypto, as adopted
                pursuant to section 103.
    (d) Enforcement.--A violation of subsection (b), or any rule
adopted under subsection (c), shall be treated as a violation of the
securities laws and subject to the penalties under sections 21A and 32
of the Securities Exchange Act of 1934 (15 U.S.C. 78u-1, 78ff) and to
all other remedies available under the securities laws.
    (e) Rule of Construction.--Consistent with section 4B(b)(3) of the
Securities Act of 1933, as added by this Act, nothing in this section
may be construed to apply the securities laws, or any regulation issued
under the securities laws (including any rule adopted under subsection
(c)), to any secondary market transaction in an ancillary asset that is
not otherwise a transaction in a security, security-based swap, or
security-based swap agreement.

SEC. 110. SECURITIES INVESTOR PROTECTION CORPORATION APPLICABILITY.

    Section 16(14) of the Securities Investor Protection Act of 1970
(15 U.S.C. 78lll(14)) is amended by inserting after the second sentence
the following: ``The term `security' does not include a digital
commodity.''.

SEC. 111. INVESTOR AND CONSUMER PROTECTION ENFORCEMENT.

    (a) Preservation of Certain Rights, Authorities, Laws, and
Obligations.--Subject to subsection (b), nothing in this Act, any
amendment made by this Act, or any rule, requirement, or regulation
promulgated pursuant to this Act may be construed to prohibit, limit,
impair, or otherwise affect--
            (1) any person from bringing a civil action to enforce any
        private right of action for fraud, deceit, manipulation, or
        deceptive practices, to the extent that such private right of
        action is expressly provided for in this Act or an amendment
        made by this Act, or is otherwise available under Federal law,
        including with respect to conduct involving an ancillary asset,
        network token, digital commodity, or any transaction,
        disclosure, certification, notice, report, statement,
        communication, or other document involving any such asset;
            (2) except as expressly provided in this Act or an
        amendment made by this Act, any Federal or State regulator,
        acting within the scope of authority otherwise provided by law,
        from bringing an administrative or civil enforcement action
        under--
                    (A) the Commodity Exchange Act (7 U.S.C. 1 et
                seq.), including the provisions of that Act that are
                added by this Act and relate to digital commodities and
                the jurisdiction of the Commodity Futures Trading
                Commission;
                    (B) the Securities Act of 1933 (15 U.S.C. 77a et
                seq.), as amended by this Act, the Securities Exchange
                Act of 1934 (15 U.S.C. 78a et seq.), as amended by this
                Act, or the Investment Advisers Act of 1940 (15 U.S.C.
                80b-1 et seq.);
                    (C) State commodities laws, subject to the
                provisions of this Act, and the amendments made by this
                Act, relating to the jurisdiction of the Commodity
                Futures Trading Commission; or
                    (D) section 18(c)(1) of the Securities Act of 1933
                (15 U.S.C. 77r(c)(1)), or any functionally equivalent
                anti-fraud or anti-manipulation provision of State
                securities law (including any State securities law with
                respect to a security or a transaction in a security to
                the extent enforcement of that anti-fraud or anti-
                manipulation provision of State securities law is not
                preempted by section 18 of the Securities Act of 1933
                (15 U.S.C. 77r)), with respect to an investment
                contract involving an ancillary asset, or other
                transaction involving any such asset, for which this
                Act or an amendment made by this Act expressly
                preserves or provides for the application of anti-fraud
                or anti-manipulation authority;
            (3) except as expressly provided in this Act or an
        amendment made by this Act, any generally applicable State law,
        including a law relating to fraud, deceit, unfair or deceptive
        acts or practices, consumer protection, banking, payments,
        property, contracts, criminal law, or unlawful conduct or
        practices, or the remedies available under any such law, with
        respect to conduct involving a digital asset, ancillary asset,
        network token, or digital commodity, or any transaction,
        activity, person, or service involving any such asset, provided
        that such law does not impose any licensing, registration,
        qualification, or other requirement that is expressly
        preempted, or otherwise expressly limited, by this Act or an
        amendment made by this Act;
            (4) the fiduciary obligations of an investment adviser, as
        defined in section 202(a) of the Investment Advisers Act of
        1940 (15 U.S.C. 80b-2(a)), under section 206 of that Act (15
        U.S.C. 80b-6), any rule or regulation issued under such section
        206, or any other provision of Federal or State law, including
        in connection with investment advice regarding a digital asset,
        ancillary asset, network token, digital commodity, or
        substantially similar technology; or
            (5) any right or remedy under Federal consumer financial
        law, including under section 1011 of the Consumer Financial
        Protection Act of 2010 (12 U.S.C. 5491) or the Federal Trade
        Commission Act (15 U.S.C. 41 et seq.), or authority under
        Federal consumer financial law with respect to any person,
        subject to the limitations under section 1027 of the Consumer
        Financial Protection Act of 2010 (12 U.S.C. 5517), including
        subsections (i) and (j) of such section 1027.
    (b) Limitations and Rules of Construction.--Nothing in subsection
(a) may be construed to--
            (1) preserve, create, or authorize any Federal or State
        registration, licensing, qualification, or merit-review
        requirement under State law with respect to an ancillary asset,
        network token, digital commodity, transaction, person, or
        activity, to the extent that such requirement is preempted or
        otherwise limited by this Act or an amendment made by this Act;
            (2) create, preserve, or authorize any private right of
        action under Federal or State law with respect to an ancillary
        asset, network token, digital commodity, or transaction
        involving any such asset;
            (3) permit any claim, action, proceeding, requirement,
        liability, obligation, or remedy to be brought, maintained,
        imposed, or enforced under Federal or State securities or
        commodities law to the extent that such claim, action,
        proceeding, requirement, liability, obligation, or remedy
        depends upon, is predicated on, or would require a
        determination that an ancillary asset, network token, digital
        commodity, or any transaction, activity, person, or service
        involving any such asset has a status or characterization under
        Federal or State securities or commodities law that is contrary
        to an express classification or treatment provided by this Act
        or an amendment made by this Act;
            (4) expand, contract, or otherwise alter the jurisdiction,
        exclusive or otherwise, of the Commission, the Commodity
        Futures Trading Commission, or any State regulator;
            (5) limit, impair, or otherwise affect the treatment of any
        asset, transaction, or interest as a covered security for
        purposes of section 18 of the Securities Act of 1933 (15 U.S.C.
        77r); or
            (6) create any new private right of action under Federal or
        State law, except that nothing in this paragraph may be
        construed to limit, impair, or otherwise affect any private
        right of action preserved under subsection (a)(1), expressly
        provided in this Act or an amendment made by this Act, or
        otherwise available under Federal law.

              TITLE II--PROTECTING AGAINST ILLICIT FINANCE

SEC. 201. TREATMENT UNDER THE BANK SECRECY ACT AND SANCTIONS LAWS.

    (a) Amendment.--Section 5312(c)(1)(A) of title 31, United States
Code, is amended--
            (1) by inserting ``digital commodity broker, digital
        commodity dealer,'' after ``futures commission merchant,''; and
            (2) by inserting before the period the following: ``and any
        digital commodity exchange registered, or required to register,
        under that Act that permits direct customer access''.
    (b) Bank Secrecy Act Requirements.--
            (1) Regulations.--The Secretary of the Treasury, acting
        through the Director of the Financial Crimes Enforcement
        Network, and in consultation with the Commodity Futures Trading
        Commission, shall issue requirements consistent with the
        requirements of futures commission merchants to apply the Bank
        Secrecy Act to digital commodity brokers, digital commodity
        dealers, and digital commodity exchanges that are tailored to
        the size and complexity of such entities, including by
        requiring each such entity to--
                    (A) establish and maintain an anti-money laundering
                and countering the financing of terrorism program,
                which shall include--
                            (i) an appropriate risk assessment;
                            (ii) the development of internal policies,
                        procedures, and controls;
                            (iii) the designation of a compliance
                        officer;
                            (iv) an ongoing employee training program;
                        and
                            (v) an independent audit function to test
                        such program;
                    (B) retain appropriate records of transactions;
                    (C) monitor and report suspicious activity, which
                may include use of appropriate distributed ledger
                analytics; and
                    (D) maintain an effective customer identification
                program to identify and verify account holders and
                carry out appropriate customer due diligence.
            (2) Compliance with sanctions.--A digital commodity broker,
        digital commodity dealer, or digital commodity exchange shall
        comply with all laws and regulations related to United States
        sanctions administered by the Office of Foreign Assets Control.
    (c) Sense of Congress.--It is the sense of Congress that nothing in
this section shall limit the applicability of any law imposing or
authorizing the imposition of economic sanctions by the United States.

SEC. 202. DIGITAL ASSET EXAMINATION STANDARDS.

    (a) Definitions.--In this section:
            (1) Federal functional regulator.--The term ``Federal
        functional regulator'' has the meaning given the term in
        section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809).
            (2) Financial institution.--The term ``financial
        institution'' has the meaning given the term in section
        5312(a)(2) of title 31, United States Code.
    (b) Examination and Review.--The Secretary of the Treasury, in
consultation with Federal functional regulators, shall establish,
coordinated to the extent feasible, risk-based examination standards to
assess financial institutions involved in the digital asset sector for
compliance with anti-money laundering and countering the financing of
terrorism requirements under the Bank Secrecy Act.

SEC. 203. PREVENTING ILLICIT FINANCE THROUGH PARTNERSHIP ACT.

    (a) Short Title.--This section may be cited as the ``Preventing
Illicit Finance Through Partnership Act''.
    (b) Definitions.--In this section:
            (1) Bank.--The term ``bank'' has the meaning given the term
        in section 1010.100 of title 31, Code of Federal Regulations
        (or any corresponding similar regulation).
            (2) Certified or recognized information-sharing or
        interdiction network.--The term ``certified or recognized
        information-sharing or interdiction network'' means a real-
        time, secure, public-private mechanism that--
                    (A) facilitates the detection, interdiction, and
                prevention of illicit finance violations through rapid
                information exchange between government and regulated
                entities; and
                    (B) is--
                            (i) certified by the Secretary of the
                        Treasury for the purpose of supporting
                        interdiction and investigative actions
                        consistent with law enforcement or regulatory
                        authorities; or
                            (ii) recognized by the Secretary of the
                        Treasury as an existing (as of the day before
                        the date of enactment of this Act), effective
                        public-private partnership network that meets
                        standards for security, accountability, and
                        participation that are equivalent to the
                        standards that would be required by the
                        Secretary of the Treasury for certification
                        under clause (i).
            (3) Covered agency.--The term ``covered agency'' means--
                    (A) the Department of Justice, including the
                Federal Bureau of Investigation and the Drug
                Enforcement Administration;
                    (B) the Department of the Treasury, including the
                Financial Crimes Enforcement Network, the Internal
                Revenue Service, and the Office of Foreign Assets
                Control; and
                    (C) the Department of Homeland Security.
            (4) Designated private sector entity.--The term
        ``designated private sector entity'' means a private sector
        entity designated under subsection (d).
            (5) Director.--The term ``Director'' means the Director of
        the Financial Crimes Enforcement Network.
            (6) Illicit finance violation.--The term ``illicit finance
        violation'' means the illicit use of digital assets.
            (7) Illicit use.--The term ``illicit use'' includes fraud,
        money laundering, terrorist financing, the purchase and sale of
        illicit goods, trafficking of fentanyl (including fentanyl
        precursors and trade in other illicit drugs), sanctions
        evasion, theft of funds, funding of illegal activities,
        transactions relating to child sexual abuse material or elder
        fraud abuse, and any other financial transaction involving the
        proceeds of specified unlawful activity, as defined in section
        1956(c) of title 18, United States Code.
            (8) Money services business.--The term ``money services
        business'' has the meaning given the term in section 1010.100
        of title 31, Code of Federal Regulations (or any corresponding
        similar regulation).
    (c) Establishment of Program.--The Secretary of the Treasury shall
establish a pilot program under which covered agencies and designated
private sector entities securely share information focused on potential
illicit finance violations and threats and emerging risks relating to
illicit finance violations.
    (d) Designation of Private Sector Entities.--
            (1) Required action.--
                    (A) Initial companies.--Not later than 90 days
                after the date of enactment of this Act, the Director
                and the Secretary shall designate 10 private sector
                entities that are money services businesses, 10 private
                sector entities that are digital commodity brokers,
                digital commodity dealers, or digital commodity
                exchanges, and 10 private sector entities that are
                banks to participate in the pilot program established
                under subsection (c), if such entities agree and
                volunteer to participate in the program.
                    (B) Biannual review.--Not less frequently than once
                every 6 months, the Director shall review and, as
                appropriate, replace the private sector entities
                designated under this paragraph.
                    (C) Rule of construction.--Nothing in this section
                may be construed as--
                            (i) requiring an entity to participate in
                        the pilot program established under this
                        section; or
                            (ii) enabling the Director to select an
                        entity to participate in the pilot program
                        without the consent of such entity.
            (2) Optional designation.--In addition to the 30 private
        sector entities designated under paragraph (1), the Director
        may designate--
                    (A) 1 or more information sharing and analysis
                centers to participate in the pilot program;
                    (B) 1 or more participants in a certified or
                recognized information sharing or interdiction network;
                or
                    (C) 1 or more private sector entities, as
                appropriate, relating to a particular type of illicit
                activity.
    (e) Information Sharing With Private Sector Entities.--A covered
agency that initiates an investigation into a potential illicit finance
violation, or identifies a threat or emerging risk relating to an
illicit finance violation, may share with any designated private sector
entity such information about the investigation, threat, or emerging
risk as the covered agency determines is appropriate.
    (f) Use of Information by Private Sector Entities.--Information
received by a designated private sector entity under this section may
not be used for any purpose other than identifying and reporting on
activities that may involve illicit finance violations or threats and
emerging risks relating to illicit finance violations, unless otherwise
prescribed by regulation or permitted by the covered agency sharing the
information.
    (g) Means of Sharing Information.--The covered agencies and
designated private sector entities may share information about
potential illicit finance violations, or threats and emerging risks
relating to illicit finance violations, with each other--
            (1) through a portal established by the Secretary of the
        Treasury or a similar mechanism determined appropriate by the
        Secretary of the Treasury;
            (2) through secure email;
            (3) at monthly meetings, which shall be facilitated by the
        Secretary of the Treasury; or
            (4) through a certified or recognized information-sharing
        or interdiction network.
    (h) Limitation on Liability.--A designated private sector entity
that transmits, receives, or shares information for the purposes of
identifying and reporting activities that may constitute illicit
finance violations, or threats and emerging risks relating to illicit
finance violations, shall not be liable to any person for such
disclosure or for any failure to provide notice of such disclosure to
the person who is the subject of such disclosure or any other person
identified in such disclosure.
    (i) Sunset.--The pilot program established under subsection (c)
shall terminate on the date that is 5 years after the date of enactment
of this Act, unless made permanent through notice and comment
rulemaking by the Department of the Treasury.

SEC. 204. FINANCIAL TECHNOLOGY PROTECTION ACT.

    (a) Short Title.--This section may be cited as the ``Financial
Technology Protection Act''.
    (b) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                    (A) the Committee on Banking, Housing, and Urban
                Affairs of the Senate;
                    (B) the Committee on Agriculture, Nutrition, and
                Forestry of the Senate;
                    (C) the Committee on Financial Services of the
                House of Representatives; and
                    (D) the Committee on Agriculture of the House of
                Representatives.
            (2) Distributed ledger analytics company.--The term
        ``distributed ledger analytics company'' means any business
        providing software, research, or other services (such as
        tracing tools, geofencing, transaction screening, the
        collection of business data, and sanctions screening) that--
                    (A) support private and public sector
                investigations and risk management activities; and
                    (B) involve cryptographically secured distributed
                ledgers or any similar technology or implementation.
            (3) Emerging technologies.--The term ``emerging
        technologies'' means the critical and emerging technology areas
        listed in the Critical and Emerging Technologies List developed
        by the Fast Track Action Subcommittee on Critical and Emerging
        Technologies of the National Science and Technology Council,
        including any updates to such list.
            (4) Foreign terrorist organization.--The term ``foreign
        terrorist organization'' means an organization that is
        designated as a foreign terrorist organization under section
        219 of the Immigration and Nationality Act (8 U.S.C. 1189).
            (5) Illicit use.--The term ``illicit use'' includes fraud,
        money laundering, terrorist financing, the purchase and sale of
        illicit goods, trafficking of fentanyl (including fentanyl
        precursors and trade in other illicit drugs), sanctions
        evasion, theft of funds, funding of illegal activities,
        transactions related to child sexual abuse material or elder
        fraud abuse, and any other financial transaction involving the
        proceeds of specified unlawful activity (as defined in section
        1956(c) of title 18, United States Code).
            (6) State sponsor of terrorism.--The term ``state sponsor
        of terrorism'' means a country determined by the Secretary of
        State to have repeatedly provided support for acts of
        international terrorism under section 40 of the Arms Export
        Control Act (22 U.S.C. 2780) or section 620A of the Foreign
        Assistance Act of 1961 (22 U.S.C. 2371).
            (7) Terrorist.--The term ``terrorist'' includes a person
        carrying out domestic terrorism or international terrorism (as
        such terms are defined, respectively, under section 2331 of
        title 18, United States Code).
            (8) Transnational organized crime.--The term
        ``transnational organized crime'' has the meaning given the
        term in section 284 of title 10, United States Code.
    (c) Independent Financial Technology Working Group to Combat
Terrorism, Narcotics Trafficking, and Illicit Financing.--
            (1) Establishment.--There is established the Independent
        Financial Technology Working Group to Combat Terrorism,
        Narcotics Trafficking, and Illicit Financing (in this section
        referred to as the ``Working Group'' ), which shall consist of
        the following:
                    (A) The Secretary of the Treasury or their
                designee, who shall serve as the chair of the Working
                Group.
                    (B) A senior-level representative from each of the
                following:
                            (i) The Department of the Treasury.
                            (ii) The Office of Terrorism and Financial
                        Intelligence.
                            (iii) The Internal Revenue Service.
                            (iv) The Department of Justice.
                            (v) The Federal Bureau of Investigation.
                            (vi) The Drug Enforcement Administration.
                            (vii) The Department of Homeland Security.
                            (viii) The United States Secret Service.
                            (ix) The Department of State.
                            (x) The Office of the Director of National
                        Intelligence.
                    (C) At least 5 individuals appointed by the
                Secretary of the Treasury to represent the following:
                            (i) Digital asset companies.
                            (ii) Distributed ledger analytics
                        companies.
                            (iii) Financial institutions.
                            (iv) Institutions or organizations engaged
                        in research.
                            (v) Institutions or organizations focused
                        on individual privacy and civil liberties.
                    (D) Such additional individuals as the Secretary of
                the Treasury may appoint as necessary to accomplish the
                duties described in paragraph (2).
            (2) Duties.--The Working Group shall--
                    (A) conduct research on the illicit use of digital
                assets and other related emerging technologies,
                including by terrorists, foreign terrorist
                organizations, state sponsors of terrorism, and
                transnational organized crime groups; and
                    (B) develop legislative and regulatory proposals to
                improve anti-money laundering, counter-terrorist, and
                other counter-illicit financing efforts in the United
                States.
            (3) Reports.--
                    (A) In general.--Not later than 1 year after the
                date of enactment of this Act, and annually for the 3
                years thereafter, the Working Group shall submit to the
                Secretary of the Treasury, the heads of each agency
                represented in the Working Group pursuant to paragraph
                (1)(B), and the appropriate congressional committees a
                report containing the findings and determinations made
                by the Working Group in the previous year and any
                legislative and regulatory proposals developed by the
                Working Group.
                    (B) Final report.--Before the date on which the
                Working Group terminates under paragraph (4)(A), the
                Working Group shall submit to the appropriate
                congressional committees a final report detailing the
                findings, recommendations, and activities of the
                Working Group, including any final results from the
                research conducted by the Working Group.
            (4) Sunset.--
                    (A) In general.--The Working Group shall terminate
                on the later of--
                            (i) the date that is 4 years after the date
                        of enactment of this Act; or
                            (ii) the date on which the Working Group
                        completes any wind-up activities described in
                        subparagraph (B).
                    (B) Authority to wind up activities.--If there are
                research, proposals, or other related activities of the
                Working Group ongoing as of the date that is 4 years
                after the date of enactment of this Act, the Working
                Group may temporarily continue working in order to wind
                up such activities.
                    (C) Return of appropriated funds.--On the date on
                which the Working Group terminates under subparagraph
                (A), any unobligated funds appropriated to carry out
                this subsection shall be transferred to the Treasury.

SEC. 205. DIGITAL ASSET KIOSKS.

    (a) Registration.--Section 5330 of title 31, United States Code, is
amended--
            (1) in subsection (d)--
                    (A) in paragraph (1)(A), by inserting ``, any
                person who owns, operates, or manages a digital asset
                kiosk in the United States or its territories,'' after
                ``similar instruments''; and
                    (B) by adding at the end the following:
            ``(3) Digital asset; digital asset address; digital asset
        kiosk; digital asset kiosk operator.--The terms `digital
        asset', `digital asset address', `digital asset kiosk', and
        `digital asset kiosk operator' have the meanings given those
        terms, respectively, in section 5337.''; and
            (2) by adding at the end the following:
    ``(f) Registration of Digital Asset Kiosk Locations.--
            ``(1) In general.--Not later than 90 days after the
        effective date of this subsection, and not less than once every
        90 days thereafter, the Secretary of the Treasury shall require
        digital asset kiosk operators to submit an updated list
        containing the physical address of each digital asset kiosk
        owned or operated by the digital asset kiosk operator.
            ``(2) Form and manner of registration.--Each submission by
        a digital asset kiosk operator pursuant to paragraph (1) shall
        include--
                    ``(A) the legal name of the digital asset kiosk
                operator;
                    ``(B) any fictitious or trade name of the digital
                asset kiosk operator;
                    ``(C) the physical address of each digital asset
                kiosk owned, operated, or managed by the digital asset
                kiosk operator that is located in the United States or
                the territories of the United States;
                    ``(D) the start date of operation of each digital
                asset kiosk;
                    ``(E) the end date of operation of each digital
                asset kiosk, if applicable; and
                    ``(F) each digital asset address used by the
                digital asset kiosk operator.
            ``(3) False and incomplete information.--The filing of
        false or materially incomplete information in a submission
        required under paragraph (1) shall be deemed a failure to
        comply with the requirements of this subsection.''.
    (b) Preventing Fraudulent Transactions at Digital Asset Kiosks.--
            (1) In general.--Subchapter II of chapter 53 of title 31,
        United States Code, is amended by adding at the end the
        following:
``Sec. 5337. Digital asset kiosk fraud prevention
    ``(a) Definitions.--In this section:
            ``(1) Customer.--The term `customer' means any person that
        purchases or sells digital assets through a digital asset
        kiosk.
            ``(2) Distributed ledger analytics.--The term `distributed
        ledger analytics' means the analysis of data from public
        distributed ledgers, and associated transaction information, to
        provide risk-specific information about digital asset
        transactions and digital asset addresses.
            ``(3) Digital asset.--The term `digital asset' has the
        meaning given the term in section 2 of the GENIUS Act (12
        U.S.C. 5901).
            ``(4) Digital asset address.--The term `digital asset
        address' means an alphanumeric identifier associated with a
        digital asset wallet identifying the location to which a
        digital asset purchased through a digital asset kiosk can be
        sent or from which a digital asset sold through a digital asset
        kiosk can be accessed.
            ``(5) Digital asset kiosk.--The term `digital asset kiosk'
        means a stand-alone machine that is capable of accepting or
        dispensing legal tender in exchange for digital assets.
            ``(6) Digital asset kiosk operator.--The term `digital
        asset kiosk operator' means a person who owns, operates, or
        manages a digital asset kiosk located in the United States or
        its territories.
            ``(7) Digital asset kiosk transaction.--The term `digital
        asset kiosk transaction' means the purchase or sale of digital
        assets via a digital asset kiosk.
            ``(8) Digital asset wallet.--The term `digital asset
        wallet' means a software application or other mechanism
        providing a means for holding, storing, and transferring
        digital assets.
            ``(9) FinCEN.--The term `FinCEN' means the Financial Crimes
        Enforcement Network of the Department of the Treasury.
            ``(10) New customer.--The term `new customer,' with respect
        to a digital asset kiosk operator, means a customer during the
        14-day period beginning on the date of the first digital asset
        kiosk transaction of the customer with the digital asset kiosk
        operator.
            ``(11) Transaction hash.--The term `transaction hash' means
        a unique identifier made up of a string of characters that act
        as a record of and provide proof that a transaction was
        verified and added to the distributed ledger.
    ``(b) Disclosures.--
            ``(1) In general.--Before entering into a digital asset
        transaction with a customer, a digital asset kiosk operator
        shall disclose in a clear, conspicuous, and easily readable
        manner--
                    ``(A) all relevant terms and conditions of the
                digital asset kiosk transaction, including--
                            ``(i) the amount of the digital asset kiosk
                        transaction;
                            ``(ii) the type and nature of the digital
                        asset kiosk transaction;
                            ``(iii) a warning that the digital asset
                        kiosk transaction is final, is not refundable,
                        and may not be reversed; and
                            ``(iv) the type and amount of any fees or
                        other expenses paid by the customer;
                    ``(B) a warning relating to consumer fraud
                including--
                            ``(i) that consumer fraud often starts with
                        contact from a stranger, and that the customer
                        should never send money to someone the customer
                        does not know;
                            ``(ii) the most common types of fraudulent
                        schemes involving digital asset kiosks, such
                        as--
                                    ``(I) impersonation of a government
                                official or a bank representative;
                                    ``(II) threats of jail time or
                                financial penalties;
                                    ``(III) offers of a job or reward
                                in exchange for payment, or offers of
                                deals that seem too good to be true;
                                    ``(IV) claims of a frozen bank
                                account or credit card;
                                    ``(V) requests for donations to
                                charity or disaster relief; or
                                    ``(VI) payment to an individual the
                                customer has never met; and
                            ``(iii) a statement that the customer
                        should contact law enforcement if they suspect
                        fraudulent activity, such as scams, including
                        contact information for a relevant law
                        enforcement or government agency.
            ``(2) Additional disclosures.--FinCEN may adopt rules
        relating to additional disclosures required to be made to
        customers prior to engaging in a transaction.
    ``(c) Acknowledgment of Disclosures.--Each time a customer uses a
digital asset kiosk, the digital asset kiosk operator shall ensure
acknowledgment of all disclosures required under subsection (b) via
confirmation of consent of the customer at the digital asset kiosk.
    ``(d) Receipts.--Upon completion of each digital asset kiosk
transaction, the digital asset kiosk operator shall provide the
customer with a receipt, which shall include the following information:
            ``(1) The name and contact information of the digital asset
        kiosk operator, including a telephone number for a customer
        service helpline.
            ``(2) The name of the customer.
            ``(3) The type, value, date, and precise time of the
        digital asset kiosk transaction, transaction hash, and each
        applicable digital asset address.
            ``(4) The amount of the digital asset kiosk transaction
        expressed in United States dollars.
            ``(5) All fees charged.
            ``(6) A statement that the customer should contact law
        enforcement if they suspect fraudulent activity, such as scams,
        including contact information for a relevant law enforcement or
        government agency.
            ``(7) The exchange rate applied.
            ``(8) Any additional information the digital asset kiosk
        operator determines appropriate.
    ``(e) Physical Receipts Available.--A physical version of the
receipt required under subsection (d) shall be issued to the customer
at the time of the digital asset kiosk transaction, if the customer
opts for such a physical version of the receipt.
    ``(f) Anti-Fraud Policy.--
            ``(1) In general.--Each digital asset kiosk operator shall
        establish, maintain, and implement a written anti-fraud policy
        if required by, and consistent with, applicable State law in
        those States where the digital asset kiosk operator is
        licensed.
            ``(2) Federal standard.--A digital asset kiosk operator
        operating in any State that does not require an anti-fraud
        policy under paragraph (1) shall establish, maintain, and
        implement an anti-fraud policy that, at a minimum, includes--
                    ``(A) the identification and assessment of fraud-
                related areas;
                    ``(B) procedures and controls to protect against
                risks identified under subparagraph (A);
                    ``(C) allocation of responsibility for monitoring
                the risks identified under subparagraph (A); and
                    ``(D) procedures for the periodic evaluation and
                revision of the anti fraud procedures, controls, and
                monitoring mechanisms under subparagraphs (B) and (C).
    ``(g) Appointment of Compliance Officer.--Each digital asset kiosk
operator shall designate and employ a compliance officer who--
            ``(1) is qualified to coordinate and monitor compliance
        with this section and all other applicable Federal and State
        laws, rules, and regulations;
            ``(2) is employed full-time by the digital asset kiosk
        operator;
            ``(3) is not the chief executive officer of the digital
        asset kiosk operator; and
            ``(4) does not own or control more than 10 percent of any
        interest in the digital asset kiosk operator.
    ``(h) Use of Distributed Ledger Analytics and Wallet Pinning.--
            ``(1) In general.--Each digital asset kiosk operator shall
        use distributed ledger analytics to prevent sending a digital
        asset to a digital asset wallet known to be affiliated with
        fraudulent activity at the time of a digital asset kiosk
        transaction and to detect transaction patterns indicative of
        fraud or other illicit activities.
            ``(2) Wallet pinning.--Each digital asset kiosk operator
        shall maintain restrictions that prevent more than 1 customer
        of the digital asset kiosk operator from using the same digital
        wallet address.
            ``(3) Compliance.--The Director of FinCEN may request
        evidence from any digital asset kiosk operator to confirm
        compliance with this subsection.
    ``(i) Confirmation Required Before New Customer Transactions.--
Before entering into a digital asset kiosk transaction valued at $500
or more with a new customer, the digital asset kiosk operator shall
obtain confirmation from the new customer that--
            ``(1) the new customer wishes to proceed with the digital
        asset kiosk transaction; and
            ``(2) the new customer is not being fraudulently induced
        into engaging in the transaction.
    ``(j) Holding Period.--No digital asset kiosk operator shall
execute a transaction on behalf of a new customer that sends digital
assets to a specific wallet address unless at least 72 hours have
elapsed since the initiation of the transaction by the new customer.
    ``(k) Transaction Limits With Respect to New Customers.--The
Secretary of the Treasury shall prescribe by regulation the threshold
amounts for reporting or limiting digital asset kiosk transactions,
including aggregate or single-day deposit and withdrawal limits, as the
Secretary determines are reasonably necessary to deter fraud and
illicit finance. Such regulations shall consider the unique risks and
functionalities of digital asset kiosks and may provide for exceptions,
adjustments, or exclusions as deemed appropriate by the Secretary.
    ``(l) Interim Transaction Limits.--Until the effective date of
regulations prescribed under subsection (k), a digital asset kiosk
operator shall not permit a new customer to conduct transactions
exceeding $3,500 in the aggregate within any 24-hour period.
    ``(m) Refunds.--A digital asset kiosk operator shall issue a refund
for a customer's transaction fees within 30 days if--
            ``(1) the customer was fraudulently induced into engaging
        in the digital asset kiosk transaction; and
            ``(2) the customer files a complaint to the digital asset
        kiosk operator, which includes--
                    ``(A) the name, address, and phone number of the
                customer;
                    ``(B) the transaction hash of the digital asset
                kiosk transaction or information sufficient to
                establish the type, value, date, and time of the
                digital asset kiosk transaction; and
                    ``(C) a copy of a report to a State or local law
                enforcement or government agency made not later than 30
                days after the digital asset kiosk transaction.
    ``(n) Customer Service Helpline.--Each digital asset kiosk operator
shall provide live customer service during business hours, the phone
number for which is regularly monitored and displayed in a clear,
conspicuous, and easily readable manner upon each digital asset kiosk.
During non-business hours, the digital asset kiosk operator shall
maintain an alternative customer service system that may include an
automated chatbot, an online complaint reporting portal, or other
customer service mechanism.
    ``(o) Communications With Law Enforcement.--Each digital asset
kiosk operator performing business in the United States shall have a
dedicated method of contact, such as a phone number, email address, or
other contact method, for law enforcement and regulatory agencies to
contact the digital asset kiosk operator. This contact method shall be
displayed and available on the digital asset kiosk operator's website.
    ``(p) Civil Penalties and State Enforcement.--Any State regulator
may bring a civil action or other appropriate proceeding to enforce the
provisions of this section and may assess or collect civil penalties or
other remedies for violations of this section, as provided under
applicable State law.
    ``(q) Rule of Construction.--Nothing in this section may be
construed to prohibit a State from enacting a law, rule, or regulation
that provides greater protection to customers.''.
            (2) Technical and conforming amendment.--The table of
        sections for subchapter II of chapter 53 of title 31, United
        States Code, is amended by adding at the end the following:

``5337. Digital asset kiosk fraud prevention.''.

SEC. 206. STUDY ON ILLICIT USE OF DIGITAL ASSETS.

    (a) Definitions.--In this section:
            (1) Foreign terrorist organization.--The term ``foreign
        terrorist organization'' means an organization that is
        designated as a foreign terrorist organization under section
        219 of the Immigration and Nationality Act (8 U.S.C. 1189).
            (2) Transnational organized criminal.--The term
        ``transnational organized criminal'' means an individual who
        participates in transnational organized crime, as defined in
        section 284(i) of title 10, United States Code.
    (b) Review.--Not later than 1 year after the date of enactment of
this Act, the Secretary of the Treasury, in consultation with the
Attorney General, shall conduct a comprehensive review of how foreign
terrorist organizations and transnational organized criminals utilize
digital assets in connection with illicit activities.
    (c) Report.--Not later than 180 days after completing the review
under subsection (b), the Secretary of the Treasury shall submit to the
Committee on Agriculture, Nutrition, and Forestry and the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Committee on
Agriculture and the Committee on Financial Services of the House of
Representatives a report on the findings of the Secretary, including--
            (1) an assessment of how foreign terrorist organizations
        and transnational organized criminals utilize digital assets in
        connection with illicit activities; and
            (2) recommendations to assist the Commission and the
        Commodity Futures Trading Commission in strengthening
        compliance and enforcement of digital assets-related entities
        registered with their respective agencies.
    (d) Additional Agencies.--The Secretary of the Treasury may, in the
sole discretion of the Secretary of the Treasury, solicit input for the
report required under subsection (c) from any or all of the Federal
functional regulators, as defined in section 509 of the Gramm-Leach-
Bliley Act (15 U.S.C. 6809), and the Commodity Futures Trading
Commission.
    (e) Classified Annex.--The report required under subsection (c) may
include a classified annex, as appropriate.

       TITLE III--RESPONSIBLE INNOVATION IN DECENTRALIZED FINANCE

SEC. 301. RULEMAKING ON APPLICATION OF EXISTING SECURITIES INTERMEDIARY
              REQUIREMENTS AND EXISTING BANK SECRECY ACT REQUIREMENTS
              TO NON-DECENTRALIZED FINANCE TRADING PROTOCOLS.

    (a) Definitions.--In this section:
            (1) Decentralized finance trading protocol.--The term
        ``decentralized finance trading protocol'' means a distributed
        ledger system through which multiple participants can execute a
        financial transaction--
                    (A) in accordance with an automated rule or
                algorithm that is predetermined and non-discretionary;
                and
                    (B) without reliance on a person other than the
                user to maintain custody or control of any digital
                assets subject to the financial transaction.
            (2) Non-decentralized finance trading protocol.--
                    (A) In general.--The term ``non-decentralized
                finance trading protocol'' means a decentralized
                finance trading protocol that meets 1 or more of the
                following:
                            (i) A person or group of persons under
                        common control, or acting pursuant to an
                        agreement, arrangement, or understanding to act
                        in concert, has the authority, directly or
                        indirectly, through any contract, arrangement,
                        understanding, relationship, or otherwise, to
                        control or materially alter the functionality,
                        operation, or rules of consensus or agreement
                        of the decentralized finance trading protocol.
                            (ii) The decentralized finance trading
                        protocol does not operate, execute, and enforce
                        its operations and transactions based solely on
                        pre-established, transparent rules encoded
                        directly within the source code of the
                        distributed ledger system.
                            (iii) A person or group of persons under
                        common control, or acting pursuant to an
                        agreement, arrangement, or understanding to act
                        in concert, has the authority, via operation of
                        the decentralized finance trading protocol, to
                        restrict, censor, or prohibit the use of the
                        decentralized finance trading protocol,
                        including any applicable system-based user
                        activity.
                    (B) Special rule.--For purposes of subparagraph
                (A), a decentralized governance system, solely by
                virtue of the operation of the decentralized governance
                system, shall not be considered to be a person or a
                group of persons under common control or acting
                pursuant to an agreement, arrangement, or understanding
                to act in concert.
                    (C) Exclusions.--For purposes of this section,
                participation in an incident-response or security
                council, as described in subsection (f), shall not, by
                itself, be deemed to constitute control of a non-
                decentralized finance trading protocol.
                    (D) Scoping.--In implementing this section, the
                Commission and the Department of the Treasury shall
                construe the term ``non-decentralized finance trading
                protocol'' in a manner consistent with section 15H of
                the Securities Exchange Act of 1934, as added by
                section 601.
    (b) Rules.--
            (1) In general.--The Commission, in consultation with the
        Department of the Treasury, shall adopt tailored, clear, and
        specific rules, after notice and comment, that clarify how a
        person, or group of persons under common control, or acting
        pursuant to an agreement, arrangement, or understanding to act
        in concert, that controls a non-decentralized finance trading
        protocol and is subject to the Securities Exchange Act of 1934
        (15 U.S.C. 78a et seq.), as amended by this Act, shall comply
        with applicable requirements under that Act, including with
        respect to registration, conduct, disclosure, recordkeeping,
        supervision, and other requirements under the securities laws.
            (2) Requirements.--The rulemaking required under paragraph
        (1) shall--
                    (A) ensure that the rules adopted pursuant to that
                rulemaking are consistent with the purposes of the
                securities laws, including the public interest, the
                protection of investors, and the maintenance of fair
                and orderly markets;
                    (B) protect the rights of software developers,
                publishers, and users to create, publish, and use code
                and software in a manner consistent with the First
                Amendment to the Constitution of the United States;
                    (C) provide legal clarity for the development,
                publication, and operation of distributed ledger
                systems and the components therein in a manner
                consistent with the purposes of this section; and
                    (D) result in, by operation of law, the application
                and enforcement by the Department of the Treasury,
                where applicable and pursuant to existing law, as in
                effect on the day before the date of enactment of this
                Act, of anti-money laundering and countering the
                financing of terrorism requirements under the Bank
                Secrecy Act and other Federal law with respect to any
                person or group of persons that the Commission
                determines, through that rulemaking, is required to
                register, or comply as a registrant, under the
                Securities Exchange Act of 1934 (15 U.S.C. 78a et
                seq.).
            (3) Application.--
                    (A) In general.--Any person or group of persons
                determined under this subsection to be required to
                register, or comply as a registrant, under the
                Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.)
                (referred to in this paragraph as the ``Exchange Act'')
                shall be subject to that Act and the Bank Secrecy Act
                to the extent applicable under existing law, as in
                effect on the day before the date of enactment of this
                Act, consistent with the treatment of similarly
                situated participants under the Exchange Act.
                    (B) Rulemaking.--The Secretary of the Treasury, in
                consultation with the Commission, shall adopt tailored,
                clear, and specific rules, after providing notice and
                the opportunity to comment, that define compliance with
                obligations under the Bank Secrecy Act and other
                Federal laws relating to anti-money laundering and
                countering the financing of terrorism with respect to
                any person, or group of persons under common control
                (or acting pursuant to an agreement, arrangement, or
                understanding to act in concert), that--
                            (i) controls the operation of a non-
                        decentralized finance trading protocol
                        identified in the rulemaking conducted under
                        paragraph (1);
                            (ii) is required to register, or comply as
                        a registrant, under the Exchange Act, as
                        determined in the rulemaking conducted under
                        paragraph (1); and
                            (iii) is caused to be treated as a
                        financial institution under the Bank Secrecy
                        Act pursuant to existing law, as in effect on
                        the day before the date of enactment of this
                        Act, as a result of registration or compliance
                        described in clause (ii).
    (c) Activity-Based Application.--Rules adopted under subsection
(b)(1) shall require the Commission to determine the applicable
requirements only with respect to securities-related activities, based
on the functions performed by the controlling person or group of
persons, including brokerage, dealing, trading, execution, clearing, or
custody of securities, without regard to technological form,
distributed architecture, or purportedly decentralized
characterization.
    (d) Rules of Construction.--
            (1) Registration not required.--Nothing in this section,
        nor any rule adopted under this section, may be construed to--
                    (A) require a distributed ledger system or any
                software code to register with the Commission in its
                own capacity; or
                    (B) prohibit the launch, deployment, or operation
                of a distributed ledger system.
            (2) No expansion of statutory authority.--Notwithstanding
        any rulemaking required under subsection (b), and
        notwithstanding any action the Commission or the Secretary of
        the Treasury may take under that subsection, nothing in this
        section, including any such rulemaking, may be construed to--
                    (A) expand or contract the statutory authority of
                the Commission or the Department of the Treasury, as in
                effect on the day before the date of enactment of this
                Act, under the Bank Secrecy Act; or
                    (B) limit the use of the authority described in
                subparagraph (A) to determine, pursuant to that
                rulemaking, the applicability of existing statutory
                requirements, as in effect on the day before the date
                of enactment of this Act, to persons or activities
                described in this section.
            (3) No presumption of applicability.--Nothing in this
        section may be construed to create a presumption that any
        person or activity described in this section is or is not
        subject to the Securities Exchange Act of 1934 (15 U.S.C. 78a
        et seq.) or the Bank Secrecy Act absent a determination made
        pursuant to a rulemaking required under this section.
    (e) Preservation of Existing Authorities.--Nothing in this section
may be construed to--
            (1) limit the authority of the Commission under the
        securities laws to investigate violations, bring actions, or
        issue subpoenas with respect to persons determined, pursuant to
        rulemaking, to be subject to the securities laws under this
        section; or
            (2) limit the authority of the Secretary of the Treasury
        under the Bank Secrecy Act, including to investigate violations
        or bring actions with respect to persons determined, pursuant
        to rulemaking, to be subject to the Bank Secrecy Act.
    (f) Non-Decentralized Finance Trading Protocols.--
            (1) In general.--In adopting rules under subsection (b),
        the Commission shall treat a decentralized governance system
        and any person participating in the decentralized governance
        system as separate persons unless such persons are under common
        control or acting pursuant to an agreement, arrangement, or
        understanding to act in concert.
            (2) Emergency measures.--
                    (A) In general.--Pre-defined, temporary rules-based
                cybersecurity emergency measures exercised by an
                incident-response or security council exclusively in
                response to a specific and documented cybersecurity
                incident or imminent threat and pursuant to publicly
                disclosed, on-chain authorization mechanisms, strictly
                limited in scope and duration solely to address such
                specific and documented cybersecurity incident or
                imminent threat, and without unilateral control by any
                single person, shall not, by themselves, constitute
                common control or an agreement, arrangement, or
                understanding to act in concert, provided that such
                rules and authorities, including the procedures and
                operational limits governing such emergency measures,
                are disclosed in publicly available written
                documentation reasonably available to the applicable
                Federal regulator, by a decentralized governance system
                or similar legal entity sufficiently in advance of any
                exercise of such emergency powers.
                    (B) Prohibition.--The emergency measures described
                in subparagraph (A) may not be used to implement
                protocol upgrades, governance decisions, or economic
                changes that are unrelated to the mitigation of the
                applicable cybersecurity incident or imminent threat,
                as described in that subparagraph.
            (3) Standards.--The standards criteria for temporary rules-
        based cybersecurity emergency measures under paragraph (2)
        shall be established by rulemaking pursuant to subsection (b).

SEC. 302. ILLICIT FINANCE OBLIGATIONS FOR DISTRIBUTED LEDGER MESSAGING
              SYSTEMS.

    (a) Definitions.--In this section:
            (1) Distributed ledger messaging system.--The term
        ``distributed ledger messaging system''--
                    (A) means a web-hosted software application that
                provides a user with the ability to create or submit an
                instruction, communication, or message to a distributed
                ledger application or decentralized finance trading
                protocol for the purpose of executing a transaction by
                the user; and
                    (B) does not include--
                            (i) a distributed ledger application;
                            (ii) a distributed ledger protocol;
                            (iii) a distributed ledger system;
                            (iv) a decentralized finance trading
                        protocol;
                            (v) any client, node, validator, or other
                        form of computational infrastructure with
                        respect to a distributed ledger system; or
                            (vi) any software or hardware wallet that
                        facilitates the custody of an individual of
                        their digital assets.
            (2) United States sanction law.--The term ``United States
        sanction law'' means any Federal law imposing, or authorizing
        the imposition of, economic sanctions.
    (b) Guidance.--Not later than 360 days after the date of enactment
of this Act, the Secretary of the Treasury shall issue guidance with
respect to the economic sanctions and anti-money laundering and
countering the financing of terrorism obligations, risk management
practices, or compliance considerations, applicable to a distributed
ledger messaging system that is owned or operated by a United States
person, as defined in any law imposing or authorizing the imposition of
economic sanctions, which may include--
            (1) the use of commercially reasonable distributed ledger-
        analytics screening measures, through industry-standard
        distributed ledger-analytics tools, to identify wallet
        addresses that are owned by sanctioned persons, involve
        jurisdictions or financial institutions subject to United
        States sanctions, or activity prohibited by United States
        sanctions;
            (2) blocking, rejecting, preventing the routing of, or
        otherwise restricting attempted transactions prohibited by
        United States sanction laws;
            (3) blocking or restricting transactions that exhibit
        indicators of ransomware activity, illicit finance typologies,
        or any other pattern that presents a significant and
        identifiable illicit finance risk based on a commercially
        reasonable distributed ledger-analytics assessment to identify
        transactions that involve ransomware activity and other illicit
        finance activity; and
            (4) implementing and maintaining risk-based measures,
        consistent with applicable law, to identify, mitigate, and
        address anti-money laundering and countering the financing of
        terrorism risks, including--
                    (A) monitoring for risk indicators and limiting
                exposure to illicit-finance risks, which may include
                restricting, limiting, or otherwise mitigating exposure
                to high-risk transactions; and
                    (B) complying, as applicable, with special measures
                implemented by the Secretary of the Treasury under
                section 5318A of title 31, United States Code.
    (c) Enforcement and Penalties.--The Secretary of the Treasury and
any other Federal agency with relevant jurisdiction have the authority,
as applicable, to enforce this section using their existing
authorities, as of the day before the date of enactment of this Act,
under applicable law.
    (d) Rules of Construction.--Nothing in this section may be
construed to--
            (1) alter or amend any laws imposing or authorizing
        imposition of economic sanctions by the United States,
        including those that apply to United States persons that own or
        operate a distributed ledger messaging system;
            (2) expand or contract the applicability of--
                    (A) economic sanctions, anti-money laundering, or
                any other illicit finance laws in effect as of the day
                before the date of enactment of this Act to any person,
                including any person that owns or operates a
                distributed ledger messaging system; or
                    (B) the definition of a ``financial institution''
                under applicable laws, which shall not apply to non-
                controlling developers or providers as defined in
                section 604(b)(3); or
            (3) restrict the authority of the Secretary of the Treasury
        to implement, administer, and enforce, including by imposing
        civil money penalties, any law imposing or authorizing the
        imposition of economic sanctions or any law to prevent money
        laundering or illicit finance otherwise provided by Federal law
        to the Secretary of the Treasury.

SEC. 303. SPECIAL MEASURE RELATING TO CERTAIN TRANSMITTALS OF FUNDS.

    Section 5318A of title 31, United States Code, is amended--
            (1) in subsection (a)(2)(C), by striking ``subsection
        (b)(5)'' and inserting ``paragraph (5) or (6) of subsection
        (b)'' and
            (2) in subsection (b), by adding at the end the following:
            ``(6) Special measure for certain transmittals of funds.--
        If the Secretary of the Treasury finds that a jurisdiction
        outside of the United States, 1 or more financial institutions
        operating outside of the United States, or 1 or more classes of
        transactions within, or involving, a jurisdiction outside of
        the United States is of primary money laundering concern in
        connection with illicit finance through the use of digital
        assets, as defined in section 2 of the GENIUS Act (12 U.S.C.
        5901), the Secretary may, by order, regulation, or otherwise as
        permitted by law, prohibit, or impose conditions upon, certain
        transmittals of funds (to be defined by the Secretary by
        regulation) by any domestic financial institution or domestic
        financial agency, if such transmittal of funds involves any
        such institution, class of transaction, or type of account.''.

SEC. 304. OFFSHORE STABLECOIN REPORT.

    (a) Definitions.--In this section:
            (1) Material volume of transactions.--The term ``material
        volume of transactions'' means a sustained level of transaction
        activity that is--
                    (A) publicly observable;
                    (B) exceeds de minimis usage over a 12-month
                period; and
                    (C) is reasonably likely to affect the illicit
                finance or national security risk exposure of the
                United States.
            (2) Payment stablecoin.--The term ``payment stablecoin''
        has the meaning given the term in section 2 of the GENIUS Act
        (12 U.S.C. 5901).
            (3) United states-dependent offshore stablecoin.--The term
        ``United States-dependent offshore stablecoin'' means a payment
        stablecoin--
                    (A) that is not issued by a permitted payment
                stablecoin issuer or any foreign payment stablecoin
                issuer registered with the Comptroller (as those terms
                are defined in section 2 of the GENIUS Act (12 U.S.C.
                5901));
                    (B) that is issued by a person operating outside of
                the United States; and
                    (C) the value of which is supported or backed by a
                reserve of assets that has a substantial nexus to the
                United States, which may include--
                            (i) obligations of the United States,
                        including United States Treasury securities and
                        repurchase agreements backed by United States
                        Treasury securities and funds held as deposits
                        at any bank subject to the jurisdiction of the
                        United States;
                            (ii) deposits maintained at a banking
                        entity or insured depository institution
                        located in the United States, including
                        correspondent or payable-through accounts;
                            (iii) securities issued or guaranteed by
                        the United States or any agency or
                        instrumentality thereof; or
                            (iv) assets custodied, cleared, or settled
                        through payment, clearing, or settlement
                        systems located in the United States.
    (b) Report.--Not later than June 30 of the second calendar year
that begins after the date of enactment of this Act, and every 4 years
thereafter for not more than 3 reports, the Secretary of the Treasury
shall submit to the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Financial Services of the House of
Representatives, and make available on the website of the Department of
the Treasury, a report assessing whether there is credible,
articulable, and publicly supportable evidence of significant illicit
finance threats or vulnerabilities associated with any United States-
dependent offshore stablecoin employed in a material volume of
transactions.
    (c) Contents.--Each report required under subsection (b) shall
include--
            (1) an assessment of the illicit finance risk of each
        United States-dependent offshore stablecoin employed in a
        material volume of transactions;
            (2) an assessment of the controls employed by the issuers
        of United States-dependent offshore stablecoins to address the
        use of such stablecoins in illicit finance, as available;
            (3) data and information regarding the volume of United
        States-dependent offshore stablecoins assessed to be employed
        in connection with illicit finance, as available;
            (4) a general description of the relationships between
        United States-dependent offshore stablecoins and the financial
        system of the United States, including principal channels of
        interaction; and
            (5) such other information or analysis as the Secretary of
        the Treasury deems relevant to assessing the illicit finance
        risks of United States-dependent offshore stablecoins.
    (d) Classified Annex.--Each report required under subsection (b)
shall be submitted in unclassified form, but may contain a classified
annex.
    (e) National Strategy.--The reporting requirement under subsection
(b) may be met as part of the national strategy for combating terrorist
and other illicit financing required under sections 261 and 262 of the
Countering America's Adversaries Through Sanctions Act (Public Law 115-
44; 131 Stat. 934) for the reporting years.
    (f) Rule of Construction.--Nothing in this section may be construed
to authorize--
            (1) the disclosure of any information that is protected
        from disclosure under Federal law; and
            (2) the collection or use of any information other than
        publicly available data or information lawfully obtained by the
        Department of the Treasury under existing authorities, as of
        the day before the date of enactment of this Act.

SEC. 305. TEMPORARY HOLD FOR CERTAIN DIGITAL ASSET TRANSACTIONS.

    (a) Definitions.--In this section:
            (1) Covered agency.--The term ``covered agency'' means any
        State or Federal law enforcement agency, including the
        Department of the Treasury.
            (2) Covered person.--The term ``covered person'' means a
        person that is--
                    (A) a permitted payment stablecoin issuer;
                    (B) a foreign payment stablecoin issuer (as defined
                in section 2 of the GENIUS Act (12 U.S.C. 5901))
                registered with the Office of the Comptroller of the
                Currency pursuant to section 18(c) of that Act (12
                U.S.C. 5916(c)); or
                    (C) a digital asset service provider, as that term
                is defined in section 2 of the GENIUS Act (12 U.S.C.
                5901).
            (3) Payment stablecoin; permitted payment stablecoin
        issuer.--The terms ``payment stablecoin'' and ``permitted
        payment stablecoin issuer'' have the meanings given those terms
        in section 2 of the GENIUS Act (12 U.S.C. 5901).
            (4) Qualified written request.--The term ``qualified
        written request'' means a written communication issued by an
        authorized official of a covered agency that--
                    (A) identifies a specific wallet, address, account,
                or transaction reasonably suspected of being linked to
                illicit activity;
                    (B) requests a covered person initiate an action
                with respect to the specified wallet, address, account,
                or transaction reasonably suspected of being linked to
                illicit activity, including delaying the execution of a
                transaction, conversion, or withdrawal involving
                digital assets; and
                    (C) includes a designated agency contact.
            (5) Temporary hold.--The term ``temporary hold'' means a
        restriction applied by a covered person that delays execution
        of a transaction, conversion, or withdrawal involving digital
        assets for a reasonable period of time, not to exceed 30
        calendar days, which may be extended for an additional 150
        calendar days pursuant to a qualified written request.
    (b) Protection From Private Causes of Action.--
            (1) In general.--Any covered person that, in good faith and
        in compliance with this section, or any person complying with a
        temporary lawful order under subsection (c) that, voluntarily
        implements a temporary hold shall not be held liable pursuant
        to any Federal or State private right of action for
        implementing the temporary hold, provided that--
                    (A) the covered person or other person, as
                applicable--
                            (i) implements the temporary hold based on
                        a reasonable belief the transaction,
                        conversion, or withdrawal relates to a
                        violation or attempted violation of State or
                        Federal law; or
                            (ii) implements the temporary hold after
                        receiving a qualified written request from a
                        covered agency;
                    (B) the covered person--
                            (i) makes reasonable efforts to notify the
                        affected customer of the temporary hold;
                            (ii) reasonably determines that
                        notification would impede actual or potential
                        law enforcement efforts; or
                            (iii) receives a qualified written request
                        from a covered agency that requests
                        notification not be attempted; and
                    (C) the covered person notifies as soon as
                reasonably practicable an appropriate State or Federal
                law enforcement agency or the Federal Trade Commission,
                provided that such notification is not required when
                the covered person has received a qualified written
                request from a covered agency.
            (2) Documentation.--A covered person shall--
                    (A) maintain for the 3-year period following the
                implementation of a temporary hold documentation of the
                basis for applying a temporary hold; and
                    (B) make available the documentation described in
                subparagraph (A) upon the request of a covered agency
                or the Federal Trade Commission.
    (c) Compliance With Temporary Lawful Orders.--A permitted payment
stablecoin issuer shall comply with any valid writ, process, order,
rule, decree, command, or other requirement issued or promulgated under
Federal law by a court of competent jurisdiction that--
            (1) requires a person to freeze or prevent the transfer of
        payment stablecoins;
            (2) specifies the payment stablecoins or accounts subject
        to blocking with reasonable particularity; and
            (3) is subject to judicial or administrative review or
        appeal, as provided by law.
    (d) Rules of Construction.--Nothing in this section may be
construed to--
            (1) compel or require any covered person to take action to
        freeze, seize, or block digital assets that is not otherwise
        required under existing Federal or State law, as in effect on
        the day before the date of enactment of this Act;
            (2) limit or alter the authority of any government agency,
        including with respect to authority to pursue enforcement
        actions;
            (3) limit or affect the application of--
                    (A) section 5318(g)(3) of title 31, United States
                Code, and any regulation requiring any financial
                institution to report suspicious activity; or
                    (B) any lawful authority to seize or freeze assets
                pursuant to a lawful order or sanctions designation; or
            (4) limit the ability of a covered person to apply a
        temporary hold to any wallet, address, account, or transaction
        located outside the United States.
    (e) Reporting.--The Attorney General and the Federal Trade
Commission may issue regulations or guidance relating to any
notification by covered persons pursuant to this section to the
Department of Justice and the Federal Trade Commission, respectively.

SEC. 306. VOLUNTARY CYBERSECURITY PROGRAM FOR DECENTRALIZED FINANCE
              TRADING PROTOCOLS.

    (a) Definitions.--In this section:
            (1) Covered activities.--The term ``covered activities''
        means the activities described in section 15H(b) of the
        Securities Exchange Act of 1934, as added by section 601.
            (2) Decentralized finance trading protocol.--The term
        ``decentralized finance trading protocol'' has the meaning
        given the term in section 15H(a) of the Securities Exchange Act
        of 1934, as added by section 601.
            (3) Director.--The term ``Director'' means the Director of
        NIST.
            (4) NIST.--The term ``NIST'' means the National Institute
        of Standards and Technology.
    (b) Establishment of Program.--The Director shall, in consultation
with the Commission and the Commodity Futures Trading Commission,
establish a voluntary program for the adoption by persons developing
decentralized finance trading protocols or engaging in covered
activities of applicable cybersecurity standards published by NIST.
    (c) Development of Program Criteria.--
            (1) Request for information.--The Director shall issue a
        request for information in the Federal Register to gather input
        from experts and industry stakeholders on--
                    (A) cybersecurity threats, vulnerabilities, and
                risks to decentralized finance trading protocols;
                    (B) auditing and code security standards, including
                best practices for code audits;
                    (C) consumer protection and code transparency best
                practices on decentralized finance trading protocols;
                and
                    (D) existing NIST standards, as of the day before
                the date of enactment of this Act, and their
                applicability to decentralized finance trading
                protocols.
            (2) Report.--The Director shall develop a report on the
        software development of decentralized finance protocols to
        assess technical input from paragraph (1).
            (3) Publication of program criteria.--After evaluating
        input provided under paragraph (1), the Director shall release
        a special publication containing a detailed evaluation of
        cybersecurity best practices and existing applicable standards,
        as of the day before the date of enactment of this Act, for
        decentralized finance trading protocols, to provide program
        criteria to software developers and industry stakeholders under
        the voluntary program, which shall include a summary of public
        comments and responses as to how input was incorporated.
            (4) Requests for revision.--
                    (A) In general.--After the Director publishes the
                program criteria under paragraph (3), the Director
                shall issue a request for comment in the Federal
                Register to gather input on the workability of the
                program.
                    (B) Petition.--The public may petition the Director
                to reevaluate certain aspects of the program criteria
                published under paragraph (3).
            (5) Program updates.--As the technology underpinning
        decentralized finance trading protocols evolves, the Director
        shall update the special publication under paragraph (3) in
        compliance with subsection (d).
    (d) Program.--
            (1) Application.--A person seeking evaluation of a
        decentralized finance trading protocol or a covered activity
        under the program established under subsection (b) shall submit
        to the Director an application at such time and in such manner
        as the Director considers appropriate for purposes of the
        program.
            (2) Review.--In carrying out the program established under
        subsection (b), the Director shall review each application
        submitted by a person under paragraph (1) of this subsection.
            (3) Determination.--In carrying out a review under
        paragraph (2) of an application regarding a decentralized
        finance trading protocol or covered activity, the Director
        shall determine whether the protocol or activity is in
        compliance with existing applicable standards, frameworks, and
        guidelines published by the Director under subsection (c).
            (4) Notice.--For each determination made under paragraph
        (3) pursuant to an application by a person of a decentralized
        finance trading protocol or covered activity, the Director
        shall transmit to the person a notice of the determination.
    (e) Benefits of Program.--
            (1) Display.--A person that receives notice under
        subsection (d)(4) that the Director has determined that a
        decentralized finance trading protocol or a covered activity
        has adopted the applicable cybersecurity standards published by
        NIST, the person may publicly display a designation, seal, or
        other identifier issued by the Director.
            (2) Treatment of adoption.--In adopting a regulation or
        guidance relating to this section, a Federal agency shall
        consider adoption of cybersecurity standards under the program
        required by subsection (b) as evidence of good faith compliance
        with the law.
    (f) Rule of Construction Relating to Preemption.--Nothing in this
section may be construed to preempt any otherwise applicable provision
of law of a State.

SEC. 307. AMENDMENTS TO MONETARY INSTRUMENT DEFINITION.

    (a) Definitions.--In this section:
            (1) Self-hosted wallet.--The term ``self-hosted wallet''
        means a digital interface--
                    (A) that is used to secure and transfer digital
                assets; and
                    (B) under which the owner of digital assets secured
                and transferred under subparagraph (A) retains
                independent control over those digital assets.
            (2) United states sanction law.--The term ``United States
        sanction law'' has the meaning given the term in section
        302(a).
    (b) Monetary Instruments.--Section 5312(a)(3)(D) of title 31,
United States Code, is amended by inserting ``, including digital
assets (as defined in section 2 of the GENIUS Act (12 U.S.C. 5901)), as
may be applicable,'' after ``value''.
    (c) Treasury Risk Assessment.--As part of the national strategy for
combating terrorist and other illicit financing required under sections
261 and 262 of the Countering America's Adversaries Through Sanctions
Act (Public Law 115-44; 131 Stat. 934), the Secretary of the Treasury
shall consider--
            (1) illicit activity, such as money laundering and
        sanctions evasion, involving self-hosted wallets;
            (2) the effectiveness of and gaps in existing (as of the
        day before the date of enactment of this Act) methods,
        techniques, and strategies used by regulated financial
        institutions in detecting illicit activity, such as money
        laundering, involving self-hosted wallets;
            (3) any illicit actors, including nation state actors, that
        pose a high risk of facilitating illicit activity through the
        use of self-hosted wallets;
            (4) the benefits of the use of self-hosted wallets to--
                    (A) enhance user privacy and civil liberties
                through direct asset custody; and
                    (B) expand financial inclusion and access for
                communities underserved by traditional financial
                institutions;
            (5) end user and counterparty risks associated with self-
        hosted wallets, including consumer fraud, cybersecurity, and
        identity verification;
            (6) the use of hardware self-hosted wallets to smuggle
        digital assets for financing cross-border illicit activity;
            (7) the use of hardware self-hosted wallets for tax evasion
        and asset concealment; and
            (8) other considerations the Secretary may determine
        appropriate.
    (d) Guidance.--The Secretary of the Treasury may issue guidance for
financial institutions that transact with self-hosted wallets based on
the results of the research on benefits and risks required under
subsection (c), which shall not--
            (1) require a regulated entity to collect, with respect to
        any transaction, personally identifiable information about the
        controller of a self-hosted wallet when the controller is not
        both the customer of the regulated entity and a party to such
        transaction, except as required by Federal law, including
        United States sanctions laws and regulations or lawful process;
        or
            (2) be construed to hinder, restrict, or otherwise impair
        the authority of any Federal agency to investigate, detect,
        counteract, or prevent illegal activity.

SEC. 308. RISK MANAGEMENT STANDARDS FOR DIGITAL ASSET INTERMEDIARIES.

    (a) In General.--Before conducting trading activity (including
routing orders and executing trades) through a decentralized finance
trading protocol, a digital asset intermediary shall implement risk
management standards as described in subsection (b) with respect to
trading using that decentralized finance trading protocol.
    (b) Requirements.--The risk management standards applicable to a
digital asset intermediary shall be comprised of the following:
            (1) Conducting an effective risk analysis with respect to
        the decentralized finance trading protocol, including--
                    (A) money laundering and sanctions evasion risks,
                including whether trading will involve activity
                relating to a primary money laundering concern;
                    (B) fraud and market manipulation;
                    (C) operational and cybersecurity risk, including
                settlement; and
                    (D) implementing robust policies and procedures to
                mitigate the risks identified under this paragraph.
            (2) Disclosing the risks identified under paragraph (1)
        using plain language to customers.
            (3) Maintaining robust, risk-based capability to detect
        market manipulation, fraud, money laundering, and sanctions
        evasion occurring on the decentralized finance trading
        protocol, which may include the use of alternative tools that
        will properly target such risks, including distributed ledger
        analytics tools.
            (4) Implementing an effective risk-based procedure for
        determining whether to execute, reject, or suspend an incoming
        or outgoing transaction relating to the decentralized finance
        trading protocol, as applicable, including a determination
        based on suspected risk of money laundering, sanctions evasion,
        fraud, or market manipulation.
            (5) Consistent with this subsection, implementing other
        reasonable standards which may be required by rule.
    (c) Examinations.--
            (1) Compliance.--The Commission or the Commodity Futures
        Trading Commission, or other appropriate self-regulatory
        organization, shall verify compliance with the requirements of
        this section as part of a regular examination of the digital
        asset intermediary at the frequency and under the conditions
        otherwise provided by law or rule.
            (2) Rule of construction.--Nothing in this section may be
        construed to limit the authority of the Financial Crimes
        Enforcement Network or the Office of Foreign Assets Control
        from conducting examinations, investigations, or enforcement
        actions relating to this section as otherwise provided by law.
    (d) Rulemaking.--Rules shall be adopted to implement this section
as follows:
            (1) The Department of the Treasury, in consultation with
        the Commission and the Commodity Futures Trading Commission,
        shall adopt rules to implement the money laundering and
        sanctions evasion risk analysis standards of this section.
            (2) The Commission and the Commodity Futures Trading
        Commission shall adopt rules to implement this section other
        than the provisions described in paragraph (1).
            (3) Rules adopted under this paragraph shall be reasonably
        tailored to the size of the applicable digital asset
        intermediary and risks of the digital asset intermediary that
        are reasonably knowable to the digital asset intermediary.

SEC. 309. STUDY ON DIGITAL ASSET MIXERS AND TUMBLERS.

    (a) Digital Asset Mixer and Tumbler Defined.--In this section, the
term ``digital asset mixer and tumbler'' means a smart contract, or set
of smart contracts, that obfuscate or eliminate the source or other
forms of identification of the holder of a digital asset, including by
pooling assets from different holders and redistributing those assets
among holders.
    (b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of the Treasury shall submit to the Committee
on Banking, Housing, and Urban Affairs of the Senate and the Committee
on Financial Services of the House of Representatives a report that
analyzes the following issues:
            (1) Current (as of the date on which the report is
        submitted) typologies of digital asset mixers and tumblers and
        historical transaction volume.
            (2) Estimates of the percentage of transactions relating to
        digital asset mixers and tumblers that are used by actors
        engaged in illicit finance.
            (3) Estimates of the reliance, and financial exposure, of
        centralized exchanges and traditional financial institutions to
        digital asset mixers and tumblers, and the extent to which
        centralized exchanges and traditional financial institutions
        are adequately implementing anti-money laundering and economic
        sanctions compliance with respect to digital asset mixers and
        tumblers.
            (4) An assessment of potential non-illicit uses of mixers
        and tumblers described in paragraph (1), including privacy
        benefits.
            (5) An analysis of regulatory approaches employed by other
        jurisdictions relating to digital asset mixers and tumblers.
            (6) Recommendations for legislation or regulation relating
        to digital asset mixers and tumblers.

SEC. 310. GAO STUDY ON INTERMEDIARIES 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 digital asset intermediaries
        that--
                    (A) are primarily located in foreign jurisdictions
                that lack regulatory requirements that are
                substantially similar to the requirements of the Bank
                Secrecy Act; and
                    (B) provide services to United States persons; and
            (2) provide any regulatory or legislative recommendations
        to address the risks described in paragraph (1).
    (b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
Congress a report containing all findings and determinations made in
carrying out the study required under subsection (a).

SEC. 311. STUDIES ON FOREIGN ADVERSARY ACTIVITIES.

    (a) Definitions.--In this section:
            (1) Foreign adversary.--The term ``foreign adversary''
        means a foreign government or foreign non-government person
        determined by the Secretary of Commerce to be a foreign
        adversary under section 791.4(a) of title 15, Code of Federal
        Regulations, or any successor regulation.
            (2) Relevant congressional committees.--The term ``relevant
        congressional committees'' means--
                    (A) the Committee on Banking, Housing, and Urban
                Affairs of the Senate;
                    (B) the Committee on Agriculture, Nutrition, and
                Forestry of the Senate;
                    (C) the Select Committee on Intelligence of the
                Senate;
                    (D) the Committee on Financial Services of the
                House of Representatives;
                    (E) the Committee on Agriculture of the House of
                Representatives; and
                    (F) the Permanent Select Committee on Intelligence
                of the House of Representatives.
    (b) Treasury Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Treasury, in consultation
with the Commodity Futures Trading Commission and the Commission, shall
conduct a study and submit a report to the relevant congressional
committees, which may include a classified annex, that--
            (1) identifies any digital asset intermediary that is
        controlled by a government of a foreign adversary, or by
        individuals or entities acting at the direction of a foreign
        adversary;
            (2) determines whether any government of a foreign
        adversary is collecting trading data about United States
        persons in digital asset markets; and
            (3) evaluates whether any proprietary intellectual property
        of digital asset intermediaries is being misused or stolen by
        any government of a foreign adversary.
    (c) GAO Study and Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall conduct a study
and submit a report to the relevant congressional committees, which may
include a classified annex, that--
            (1) identifies any digital asset intermediary that is owned
        by a government of a foreign adversary, or by individuals or
        entities acting at the direction of a foreign adversary;
            (2) determines whether any government of a foreign
        adversary is collecting trading data about United States
        persons in digital asset markets; and
            (3) evaluates whether any proprietary intellectual property
        of digital asset intermediaries is being misused or stolen by
        any government of a foreign adversary.

SEC. 312. TREASURY STUDY ON CYBERSECURITY STANDARDS.

    (a) Study.--The Secretary of the Treasury, in consultation with the
Director of the Cybersecurity and Infrastructure Security Agency, the
Director of the National Security Agency, and the Director of the
National Institute of Standards and Technology, shall conduct a study
on cybersecurity standards applicable to digital asset smart contracts,
custody, key management, and smart contract deployment.
    (b) Report.--
            (1) In general.--Not later than 365 days after the date of
        enactment of this Act, the Secretary shall submit to the
        Committee on Banking, Housing, and Urban Affairs of the Senate
        and the Committee on Financial Services of the House of
        Representatives a report containing--
                    (A) the findings of the study under subsection (a);
                and
                    (B) any legislative recommendations.
            (2) Classified annex.--The report under paragraph (1) may
        include a classified annex, as appropriate.

SEC. 313. STUDIES ON FINANCIAL STABILITY RISKS OF DECENTRALIZED FINANCE
              TRADING AND CREDIT IN DIGITAL COMMODITY MARKETS.

    Not later than 1 year after the date of enactment of this Act, and
every 4 years thereafter until 4 consecutive reports have been issued,
the Secretary of the Treasury, the Board of Governors of the Federal
Reserve System, the Commission, and the Commodity Futures Trading
Commission shall--
            (1) conduct a study examining--
                    (A) the role of decentralized finance protocols in
                the financial system, including--
                            (i) the functions of such protocols;
                            (ii) the use of such protocols to obtain
                        leverage or financing;
                            (iii) the effects of such protocols on the
                        pricing and trading of financial instruments,
                        including descriptions of any linkages between
                        such protocols and traditional financial
                        instrument; and
                            (iv) the types and volumes of financial
                        activity conducted through such protocols;
                    (B) the risks of decentralized finance protocols to
                financial stability, fair and orderly markets, and
                otherwise to the financial system of the United States,
                which shall include a quantification of those risks, to
                the extent possible;
                    (C) the strategies and guardrails regulators and
                market participants have used and are using to mitigate
                risks arising from the use of decentralized finance
                protocols; and
                    (D) an assessment of whether the regulatory
                framework adequately controls any risk with respect to
                decentralized finance protocols;
            (2) conduct a separate study examining the risks to
        financial stability and orderly markets arising from the
        extension and maintenance of credit with respect to digital
        assets by digital asset service providers, including--
                    (A) the effect of gaps in the regulatory framework
                for credit extended on digital assets, such as risks
                arising from the extension and maintenance of credit on
                digital assets; and
                    (B) the interconnections between leverage in the
                market for digital assets and the financial system; and
            (3) submit to the Committee on Banking, Housing, and Urban
        Affairs of the Senate, the Committee on Agriculture, Nutrition,
        and Forestry of the Senate, the Committee on Financial Services
        of the House of Representatives, and the Committee on
        Agriculture of the House of Representatives a report on the
        studies conducted under paragraphs (1) and (2), which--
                    (A) shall include legislative and regulatory
                recommendations, as appropriate; and
                    (B) may include a classified annex.

                TITLE IV--RESPONSIBLE BANKING INNOVATION

SEC. 401. PERMISSIBILITY OF DIGITAL ASSET ACTIVITIES.

    (a) Definitions.--In this section:
            (1) Appropriate federal banking agency; state bank; state
        bank supervisor; state member bank.--The terms ``appropriate
        Federal banking agency'', ``State bank'', ``State bank
        supervisor'', and ``State member bank'' have the meanings given
        those terms in section 3 of the Federal Deposit Insurance Act
        (12 U.S.C. 1813).
            (2) Customer-driven transaction.--The term ``customer-
        driven transaction''--
                    (A) means a transaction that is entered into for a
                valid and independent business purpose of a customer;
                and
                    (B) does not include a transaction, the principal
                purpose of which is to deliver to a financial holding
                company, insured State bank, national bank, or Federal
                credit union assets that the financial holding company,
                insured State bank, national bank, or Federal credit
                union, respectively, could not invest in directly.
            (3) Federal branch; state branch.--The terms ``Federal
        branch'' and ``State branch'' have the meanings given those
        terms in section 1(b) of the International Banking Act of 1978
        (12 U.S.C. 3101).
            (4) Federal credit union; insured credit union.--The terms
        ``Federal credit union'' and ``insured credit union'' have the
        meanings given those terms in section 101 of the Federal Credit
        Union Act (12 U.S.C. 1752).
            (5) Financial holding company.--The term ``financial
        holding company'' has the meaning given the term in section 2
        of the Bank Holding Company Act of 1956 (12 U.S.C. 1841).
            (6) Financial subsidiary.--The term ``financial
        subsidiary'' has the meaning given the term in section
        5136A(g)(3) of the Revised Statutes (12 U.S.C. 24a).
            (7) Insured state bank.--The term ``insured State bank''
        means a State bank, the deposits of which are insured by the
        Federal Deposit Insurance Corporation.
            (8) National bank.--The term ``national bank'' means a
        national banking association.
    (b) Authorized Activities for Financial Holding Companies and
Financial Subsidiaries.--
            (1) In general.--A financial holding company or financial
        subsidiary may use a digital asset or distributed ledger system
        to perform, provide, or deliver any activity, function,
        product, or service that the financial holding company is
        otherwise authorized by law to perform, provide, or deliver.
            (2) Financial in nature.--The activities described in
        subsection (g) are financial in nature, or incidental to a
        financial activity, for purposes of section 4(k) of the Bank
        Holding Company Act of 1956 (12 U.S.C. 1843(k)) and section
        5136A(b) of the Revised Statutes (12 U.S.C. 24a(b)).
            (3) Rule of construction.--Nothing in this subsection may
        be construed to exempt the performance, provision, or delivery
        by a financial holding company or financial subsidiary of an
        activity, function, product, or service from a requirement that
        would apply if the activity were not performed, provided, or
        delivered using a digital asset or distributed ledger system.
    (c) Authorized Activities for National Banks.--
            (1) In general.--
                    (A) Authorized activities.--A national bank may use
                a digital asset or distributed ledger system to
                perform, provide, or deliver any activity, function,
                product, or service that the national bank is otherwise
                authorized by law to perform, provide, or deliver.
                    (B) Branches of foreign banks.--
                            (i) Federal branches.--Consistent with
                        section 4(b) of the International Banking Act
                        of 1978 (12 U.S.C. 3102(b)), the activities
                        authorized for a national bank under
                        subparagraph (A) and paragraph (2) shall be
                        permissible for a Federal branch, subject to
                        any limitations that would apply to those
                        activities pursuant to the International
                        Banking Act of 1978 (12 U.S.C. 3101 et seq.) if
                        the activity were not performed, provided, or
                        delivered using a digital asset or distributed
                        ledger system.
                            (ii) Rule of construction for state
                        branches.--For the purposes of activities
                        engaged in by a State branch as principal under
                        section 7(h) of the International Banking Act
                        of 1978 (12 U.S.C. 3105(h)), the activities
                        authorized under clause (i) are permissible
                        activities of a Federal branch.
            (2) Business of banking and other authorized activities.--
        The activities described in subsection (g) are authorized as
        part of the business of banking under the paragraph designated
        as the ``Seventh'' of section 5136 of the Revised Statutes (12
        U.S.C. 24) or under other applicable law.
            (3) Rules of construction.--Nothing in this subsection may
        be construed to--
                    (A) exempt the performance, provision, or delivery
                by a national bank of an activity, function, product,
                or service from a prohibition, restriction,
                registration, limitation, or other requirement that
                would apply if the activity were not performed,
                provided, or delivered using a digital asset or
                distributed ledger system by a national bank; or
                    (B) expand or contract the meaning of ``operations
                are or have been required by the Comptroller of the
                Currency to be limited to those of a trust company and
                activities related thereto'', as that term is used in
                section 5169(a) of the Revised Statutes (12 U.S.C.
                27(a)).
    (d) State Banks.--The activities authorized under subsection (c)
are permissible activities--
            (1) of a national bank for purposes of activities of an
        insured State bank and any subsidiary of an insured State bank
        to engage in as principal under subsections (a) and (d) of
        section 24 of the Federal Deposit Insurance Act (12 U.S.C.
        1831a); and
            (2) of a State member bank, and any subsidiary of a State
        member bank, to engage in as principal.
    (e) Authorized Activities for Federal Credit Unions.--
            (1) In general.--A Federal credit union may use a digital
        asset or distributed ledger system to perform, provide, or
        deliver any activity, function, product, or service that the
        Federal credit union is otherwise authorized by law to perform,
        provide, or deliver.
            (2) Business of credit unions.--The activities described in
        subsection (g) are authorized as part of, or incidental to, the
        authority necessary or requisite to carry on effectively the
        business for which Federal credit unions are incorporated under
        paragraph (17) of section 107 of the Federal Credit Union Act
        (12 U.S.C. 1757(17)).
            (3) Rule of construction.--Nothing in this subsection may
        be construed to exempt the performance, provision, or delivery
        by a Federal credit union of an activity, function, product, or
        service from a requirement that would apply if the activity
        were not performed, provided, or delivered using a digital
        asset or distributed ledger system.
    (f) Insured Credit Unions.--The activities authorized for a Federal
credit union under subsection (e)(1) shall be permissible for an
insured credit union, subject to authorization by applicable State law.
    (g) Activities Described.--The activities described in this
subsection are--
            (1) providing custodial, fiduciary, or safekeeping services
        for digital assets;
            (2) providing services related to custodial services for
        digital assets, including staking, facilitating digital asset
        lending, distributed ledger governance services, and advancing
        funds for the purchase of digital assets or in respect of
        distributions on digital assets;
            (3) making loans collateralized by digital assets;
            (4) engaging in payment activities involving digital
        assets, including facilitating customer or principal payments
        in connection with otherwise permissible activities;
            (5) operating a node on a distributed ledger;
            (6) providing self-custodial wallet software;
            (7) engaging in derivatives transactions, including related
        hedging activities, in a manner consistent with section 7.1030
        of title 12, Code of Federal Regulations, as in effect as of
        the date of enactment of this Act;
            (8) providing brokerage services with respect to any
        digital asset, including clearing and execution services,
        whether alone or in combination with other permissible
        activities;
            (9) facilitating transactions in the secondary market for
        all types of digital assets on the order of customers as a
        riskless principal to the extent of engaging in a transaction
        in which a company, after receiving an order to buy or sell a
        digital asset from a customer, purchases or sells the digital
        asset for its own account to offset a contemporaneous sale to
        or purchase from the customer;
            (10) holding as principal digital assets for which the
        banking entity anticipates a reasonably foreseeable need to the
        extent incidental to an otherwise permissible activity, which
        shall include holding digital assets as principal in order to
        pay fees arising from interactions with a distributed ledger
        system or for the purposes of risk management, treasury
        services, liquidity management or trade or margin settlement or
        similar purposes, subject to the otherwise applicable
        limitations on the activities of a banking entity pursuant to
        section 13 of the Bank Holding Company Act of 1956 (12 U.S.C.
        1851) and only to the extent that the terms and prohibitions of
        that section apply to a transaction; and
            (11) underwriting, dealing in, or making a market in
        digital assets in customer-driven transactions, including
        related hedging activities in connection with those customer-
        driven transactions, subject to the otherwise applicable
        limitations on the activities of a banking entity pursuant to
        section 13 of the Bank Holding Company Act of 1956 (12 U.S.C.
        1851) and only to the extent that the terms and prohibitions of
        that section apply to a transaction.
    (h) Other Requirements.--There shall be no other prior notice or
approval requirements to engage in the activities described in
subsections (b) through (g) of this section other than those required
under title LXII of the Revised Statutes, the Act entitled ``An Act to
place authority over the trust powers of national banks in the
Comptroller of the Currency'', approved September 28, 1962 (12 U.S.C.
92a et seq.), the Federal Reserve Act (12 U.S.C. 221 et seq.), or the
Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) and the
regulations promulgated under those Acts.
    (i) Rule of Construction.--Nothing in this section may be construed
to--
            (1) exclude other possible permissible activities that are
        not activities described in subsection (g);
            (2) imply that inclusion of an activity described in
        subsection (g) means that the activity is otherwise
        impermissible;
            (3) limit the authority of an appropriate Federal banking
        agency to determine that activities other than those activities
        described in subsection (g) are permissible for a Federal
        credit union or authorized as part of the business of banking,
        or financial in nature, or incidental or complementary thereto,
        or other applicable law, as applicable, through
        interpretations, guidance, or rulemaking; or
            (4) limit the authority of an appropriate Federal banking
        agency, or a State bank supervisor, to supervise and take
        enforcement action with respect to an insured depository
        institution (or, to the extent applicable, a financial holding
        company) engaging in a digital asset activity authorized by
        this section that the appropriate Federal banking agency or
        State bank supervisor, as applicable, determines, pursuant to
        applicable law, to be an unsafe or unsound practice or a
        violation of a law, rule, or regulation, or any condition
        imposed in writing.
    (j) Application.--The authorities described in this section shall
not apply to nonfungible assets.

SEC. 402. JOINT RULES FOR PORTFOLIO MARGINING DETERMINATIONS.

    (a) In General.--The Commodity Futures Trading Commission and the
Commission shall jointly issue rules to facilitate portfolio margining
of securities (including related extensions of credit), security-based
swaps, futures contracts for future delivery, options on futures
contracts for future delivery, swaps, and digital commodities, or any
subset thereof, for persons registered with either such Commission,
in--
            (1) a securities account carried by a registered broker or
        dealer or a security-based swap account carried by a registered
        security-based swap dealer;
            (2) a futures or cleared swap account carried by a
        registered futures commission merchant;
            (3) a swap account carried by a swap dealer; or
            (4) a digital commodity account carried by a registered
        digital commodity broker or digital commodity dealer that is
        also registered in such other capacity as is necessary to also
        carry the other customer or counterparty positions being held
        in the account.
    (b) Process.--The rules required to be jointly issued under
subsection (a) shall--
            (1) describe the treatment of any account to which the
        rules relate, and any assets that may be held therein, in a
        proceeding under title 11, United States Code, the Securities
        Investor Protection Act of 1970 (15 U.S.C. 78aaa et seq.),
        title II of the Dodd-Frank Wall Street Reform and Consumer
        Protection Act (12 U.S.C. 5381 et seq.), or any other
        applicable insolvency law with respect to the person carrying
        the account;
            (2) be issued only if that issuance is in the public
        interest and provides for the appropriate protection of
        customers, including appropriate disclosures to each current
        and potential customer concerning the treatment of any account
        to which the rules relate, and any assets that may be held
        therein, in a proceeding under title 11, United States Code,
        the Securities Investor Protection Act of 1970 (15 U.S.C. 78aaa
        et seq.), title II of the Dodd-Frank Wall Street Reform and
        Consumer Protection Act (12 U.S.C. 5381 et seq.), or any other
        applicable insolvency law with respect to the person carrying
        the account;
            (3) require the Commission and the Commodity Futures
        Trading Commission to consider the public interest of, and the
        protection of investors by, those rules through the
        solicitation of public comments; and
            (4) require the Commission and the Commodity Futures
        Trading Commission to--
                    (A) consult with other relevant foreign or domestic
                regulators, including the Board of Governors of the
                Federal Reserve System, the Federal Deposit Insurance
                Corporation, the Office of the Comptroller of the
                Currency, and State bank supervisors, as appropriate;
                and
                    (B) if the rules pertain to a securities account
                carried by a registered broker or dealer that is a
                member of the Securities Investor Protection
                Corporation, consult with the Securities Investor
                Protection Corporation.

SEC. 403. CAPITAL REQUIREMENTS TO ADDRESS NETTING AGREEMENTS.

    (a) Definitions.--In this section, the terms ``depository
institution holding company'' and ``insured depository institution''
have the meanings given those terms in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813).
    (b) Capital Requirements.--Not later than 360 days after the date
of enactment of this Act, the Board of Governors of the Federal Reserve
System, the Comptroller of the Currency, and the Chair of the Federal
Deposit Insurance Corporation shall develop risk-based and leverage
capital requirements for insured depository institutions, depository
institution holding companies, and nonbank financial companies
supervised by the Board of Governors of the Federal Reserve System that
address netting agreements that provide for termination and close-out
netting across multiple types of financial transactions, consistent
with section 402, in the event of the default of a counterparty.

SEC. 404. PROHIBITING INTEREST AND YIELD ON PAYMENT STABLECOINS.

    (a) Definitions.--In this section:
            (1) Affiliate.--The term ``affiliate'' means any entity
        that controls, is controlled by, or is under common control
        with another entity.
            (2) Commissions.--The term ``Commissions'' means the
        Commission and the Commodity Futures Trading Commission.
            (3) Comptroller; foreign payment stablecoin issuer; payment
        stablecoin; permitted payment stablecoin issuer.--The terms
        ``Comptroller'', ``foreign payment stablecoin issuer'',
        ``payment stablecoin'', and ``permitted payment stablecoin
        issuer'' have the meanings given those terms in section 2 of
        the GENIUS Act (12 U.S.C. 5901).
            (4) Covered party.--The term ``covered party'' means any
        digital asset service provider, together with all of its
        affiliates, but in each case excluding any permitted payment
        stablecoin issuer or foreign payment stablecoin issuer
        registered with the Comptroller.
            (5) Deposit.--The term ``deposit'' has the meaning given
        the term in section 3 of the Federal Deposit Insurance Act (12
        U.S.C. 1813).
            (6) Restricted recipient.--The term ``restricted
        recipient'' means a United States person that is a customer or
        user of a covered party.
            (7) United states person.--The term ``United States
        person'' means a person that is a resident of the United States
        or is organized or incorporated under the laws of the United
        States.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) depository institutions provide financial services that
        are integral to the strength of the economy of the United
        States and that the payment of consideration by digital asset
        service providers to United States customers or users based on
        their payment stablecoin balances in a manner that is
        economically or functionally equivalent to the payment of
        interest or yield on an interest-bearing bank deposit may
        inhibit the key functions of depository institutions in the
        economy of the United States; and
            (2) payment stablecoins represent a significant innovation
        in financial infrastructure that can strengthen the United
        States payments system and the primacy of the United States
        dollar and that activity-based rewards and incentives tied to
        the use of payment stablecoins and participation in distributed
        ledger systems are critical to enabling innovation,
        competition, and consumer adoption.
    (c) Prohibition on Interest and Yield.--
            (1) In general.--No covered party shall, directly or
        indirectly, pay any form of interest or yield (whether in cash,
        tokens, or other consideration) to a restricted recipient--
                    (A) solely in connection with the holding of the
                payment stablecoins of that restricted recipient; or
                    (B) on a payment stablecoin balance in a manner
                that is economically or functionally equivalent to the
                payment of interest or yield on an interest-bearing
                bank deposit.
            (2) Activity-based or transaction-based rewards and
        incentives permitted.--
                    (A) In general.--The prohibition under paragraph
                (1) shall not apply with respect to rewards or
                incentives based on bona fide activities or bona fide
                transactions that are not economically or functionally
                equivalent to the payment of interest or yield on an
                interest-bearing bank deposit pursuant to the
                regulations promulgated under paragraph (3).
                    (B) Equivalence to bank deposits.--Except as
                permitted under subparagraph (A), the prohibition under
                paragraph (1) shall apply to the payment of interest or
                yield (whether in cash, tokens, or other consideration)
                by a covered party to a restricted recipient in
                connection with a loyalty, promotional, subscription,
                or incentive program that is economically or
                functionally equivalent to the payment of interest or
                yield on an interest-bearing bank deposit.
            (3) Rulemaking.--
                    (A) In general.--Not later than 1 year after the
                date of enactment of this Act, the Commissions and the
                Secretary of the Treasury shall jointly promulgate
                regulations through notice and comment rulemaking to
                clarify the circumstances under which the prohibition
                and permissible rewards and incentives in paragraphs
                (1) and (2) shall apply. Such rulemaking shall include
                a non-exhaustive list of permissible activity-based or
                transaction-based rewards or incentives, including
                payments to restricted recipients in connection with or
                in compensation for any of the following, provided such
                payments are not economically or functionally
                equivalent to the payment of interest or yield on an
                interest-bearing bank deposit:
                            (i) A transaction, payment, transfer,
                        conversion, remittance, or settlement activity,
                        including a rebate or incentive provided in
                        connection with the acceptance or use of a
                        payment stablecoin.
                            (ii) Providing liquidity for market-marking
                        activity, posting of collateral in connection
                        with trading, or otherwise putting assets at
                        credit or investment risk.
                            (iii) The use of any product or service,
                        including participation in governance,
                        validation, staking, or a loyalty, promotional,
                        subscription, or incentive program.
                    (B) Calculation by reference.--Payments to
                restricted recipients of consideration, rewards, or
                benefits that are permissible pursuant to paragraph (2)
                and subparagraph (A) of this paragraph may be
                calculated by reference to a balance, duration, tenure,
                or any combination of the foregoing.
            (4) Evasion.--It shall be unlawful for a covered party to
        violate the prohibition under paragraph (1) or rules
        promulgated pursuant to paragraph (3). A covered party may not
        circumvent or evade such prohibition or rules. The Commissions
        and the Secretary may jointly issue such rules as may be
        necessary or appropriate to prevent circumvention or evasion of
        the prohibition under paragraph (1) or the rules promulgated
        pursuant to paragraph (3).
            (5) Good faith reliance.--A covered party that structures a
        program in good faith reliance on paragraphs (2) and (3) shall
        not be subject to penalties if a subsequent rulemaking or
        adjudication determines the program falls outside paragraphs
        (2) and (3), provided--
                    (A) the covered party comes into compliance within
                90 days of such determination; and
                    (B) the violation is not substantially similar to a
                past violation by the covered party.
    (d) Prohibition on Specified Representations.--
            (1) Certain marketing practices.--No covered party shall
        represent that--
                    (A) payment stablecoins are investment products,
                deposits, backed by the full faith and credit of the
                United States, guaranteed by the United States
                Government, subject to deposit insurance by the Federal
                Deposit Insurance Corporation, or subject to share
                insurance by the National Credit Union Administration;
                or
                    (B) any compensation (whether in cash, tokens, or
                other consideration) paid to a restricted recipient in
                connection with the holding, use, or retention of the
                payment stablecoins of that restricted recipient is--
                            (i) paid or generated by the payment
                        stablecoin itself, a permitted payment
                        stablecoin issuer, or a foreign payment
                        stablecoin issuer registered with the
                        Comptroller;
                            (ii) risk-free or comparable to interest
                        paid on a deposit; or
                            (iii) offered, administered, or paid by a
                        person other than the covered party.
            (2) Misleading.--No covered party shall omit material
        information necessary to prevent any marketing, promotion, or
        description described in this subsection from being misleading.
    (e) Disclosures.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Commissions and the Secretary of the
        Treasury shall jointly promulgate rules requiring clear and
        conspicuous disclosure, in plain English, of any compensation
        (whether in cash, tokens, or other consideration) paid by a
        covered party in connection with the holding, use, or retention
        of the payment stablecoins of a restricted recipient in a
        manner that is consistent with subsection (d).
            (2) Requirements.--In promulgating rules under paragraph
        (1), the Commissions and the Secretary of the Treasury shall
        require that any required disclosure of compensation described
        in that paragraph, and any related term, representation, or
        description--
                    (A) is presented in a clear, factual,
                nonpromotional, and non-misleading manner;
                    (B) clearly identifies the circumstances under
                which such compensation can be paid;
                    (C) clearly identifies the person or persons
                responsible for offering, administering, and paying
                such compensation, including whether such persons are
                affiliated with the issuer of associated payment
                stablecoins;
                    (D) outlines all material terms with respect to
                such compensation; and
                    (E) includes a statement that payment stablecoins
                are not investment products, deposits, backed by the
                full faith and credit of the United States, guaranteed
                by the United States Government, subject to deposit
                insurance by the Federal Deposit Insurance Corporation,
                or subject to share insurance by the National Credit
                Union Administration.
            (3) Prohibition.--After the date on which the rules
        promulgated under paragraph (1) become effective, no covered
        party shall market the offering of compensation (whether in
        cash, tokens, or other consideration) paid by such covered
        party in connection with the holding, use, or retention of the
        payment stablecoins of a restricted recipient unless the
        covered party has provided the disclosures required under this
        subsection.
            (4) Satisfaction of requirement.--A covered party that
        provides the disclosures required under this subsection shall
        be deemed not to have made a representation that is prohibited
        under subsection (d), provided that--
                    (A) any marketing, promotion, or description with
                respect to the applicable compensation does not
                contradict those disclosures; and
                    (B) those disclosures are presented in plain
                English and in a clear and conspicuous manner.
    (f) Penalty.--
            (1) Civil monetary penalty.--Whoever knowingly and
        willfully participates in a violation of subsection (c)(1),
        (d)(1), (d)(2), or (e)(3), or rules issued under subsection
        (c)(4), shall be subject to a civil monetary penalty by the
        Department of the Treasury of not more than $5,000,000 for each
        such violation.
            (2) Determination of the number of violations.--For
        purposes of determining the number of violations for this
        subsection, separate acts of noncompliance are a single
        violation when the acts are a result of--
                    (A) a common or substantially overlapping
                originating cause; or
                    (B) the same statement or publication.
    (g) Referral to Secretary of the Treasury.--If the Commission or
the Commodity Futures Trading Commission has reason to believe that any
covered party has knowingly and willfully violated subsection (c)(1),
(d)(1), (d)(2), or (e)(3), or rules issued under subsection (c)(4), the
Commission or the Commodity Futures Trading Commission, as applicable,
shall refer the matter to the Secretary of the Treasury.
    (h) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Board of Governors of the Federal Reserve
System, the Comptroller of the Currency, the Federal Deposit Insurance
Corporation, the National Credit Union Administration, and the
Secretary of the Treasury shall jointly submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives a report on payment
stablecoin activity that--
            (1) analyzes and quantifies--
                    (A) the adoption of United States dollar-
                denominated payment stablecoins and of other payment
                stablecoins issued by permitted payment stablecoin
                issuers and foreign payment stablecoin issuers
                registered with the Comptroller;
                    (B) the effect of United States dollar-denominated
                payment stablecoins on the average yields of, and
                demand for, United States Treasury securities of
                various durations;
                    (C) the effect of United States dollar-denominated
                payment stablecoins on the use of the dollar in global
                foreign exchange transactions, global foreign exchange
                reserves, and global trade;
                    (D) the effect of United States dollar-denominated
                payment stablecoins on increasing access to financial
                services for unbanked and underbanked persons, both
                domestically and globally;
                    (E) the effect of United States dollar-denominated
                payment stablecoins on payment costs of consumers and
                merchants; and
                    (F) the adoption of non-United States dollar-
                denominated stablecoins, including foreign central bank
                digital currencies, and their effect on the use of the
                dollar in global foreign exchange transactions, global
                foreign exchange reserves, and global trade;
            (2) describes how compensation, if any, is paid by covered
        parties to restricted recipients with respect to the payment
        stablecoins of restricted recipients, including through
        rewards, incentives, or similar programs; and
            (3) analyzes and quantifies the effect of any compensation
        described in paragraph (2) and the effect of prohibitions on
        the payment of interest or yield by covered parties under this
        Act and by issuers of payment stablecoins under section
        4(a)(11) of the GENIUS Act (12 U.S.C. 5903(a)(11)) on--
                    (A) the volume, stickiness, composition, and
                concentration of deposits at depository institutions,
                including any deposit outflows from depository
                institutions and the extent to which community banks
                and credit unions are disproportionately affected
                thereby;
                    (B) net interest margin accrued to depository
                institutions;
                    (C) the average rate of interest paid to depositors
                at depository institutions;
                    (D) consumer and business access to credit;
                    (E) financial arrangements between depository
                institutions and digital asset service providers and
                issuers of payment stablecoins; and
                    (F) the items described in paragraph (1).
    (i) No Deeming of Payment of Interest or Yield.--For purposes of
this section, a covered party shall not be deemed to violate the
prohibition in subsection (c) solely because an unaffiliated third
party independently makes a payment with respect to a payment
stablecoin, unless the covered party directs or maintains significant
influence over the offering of such consideration and the offering of
such consideration would otherwise violate the prohibition in
subsection (c).
    (j) Clarification of Scope and Regulatory Authority.--
            (1) Compensation.--The prohibitions under subsections (c),
        (d), and (e) shall only apply to compensation paid in
        connection with a payment stablecoin or payment stablecoin
        balance.
            (2) Other assets.--Nothing in this section shall be
        construed to authorize the Commissions or the Secretary of the
        Treasury to regulate, restrict, or prohibit the payment of any
        compensation paid in connection with any asset other than a
        payment stablecoin.
    (k) Non-applicability.--Nothing in this section shall--
            (1) modify, alter, or extend prohibitions on the payment of
        yield, interest, or consideration applicable to permitted
        payment stablecoin issuers or foreign payment stablecoin
        issuers, including under section 4(a)(11) of the GENIUS Act (12
        U.S.C. 5903(a)(11)); or
            (2) prohibit the disclosure by covered parties of truthful,
        non-misleading factual information or any information otherwise
        required by Federal law or regulation.

SEC. 405. EXPANDED SECURITIES PORTFOLIO MARGIN ACCOUNTS UNDER THE
              SECURITIES INVESTOR PROTECTION ACT OF 1970.

    (a) Amendments.--The Securities Investor Protection Act of 1970 (15
U.S.C. 78aaa et seq.) is amended--
            (1) in section 9(a) (15 U.S.C. 78fff-3(a))--
                    (A) in paragraph (4), by striking ``and'' at the
                end;
                    (B) in paragraph (5), by striking the period at the
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(6) no advance shall be made by SIPC to the trustee to
        pay or otherwise satisfy any net equity claim of any customer
        with respect to any digital commodities or swaps held in an
        expanded securities portfolio margin account.'';
            (2) in section 10(g) (15 U.S.C. 78fff-4(g)), by striking
        ``16(12)'' and inserting ``16(13)''; and
            (3) in section 16 (15 U.S.C. 78lll)--
                    (A) by redesignating paragraphs (7) through (14) as
                paragraphs (8) through (15), respectively;
                    (B) by inserting after paragraph (6) the following:
            ``(7) Expanded securities portfolio margin account.--The
        term `expanded securities portfolio margin account' means a
        customer account--
                    ``(A) that is maintained by a broker or dealer
                registered with the Commission;
                    ``(B) that includes positions in securities,
                security-based swaps, futures contracts, options on
                futures contracts, swaps, digital commodities, or other
                financial instruments, or any combination thereof, as
                permitted by rule jointly issued by the Commission and
                the Commodity Futures Trading Commission;
                    ``(C) that is subject to portfolio margining
                requirements approved pursuant to section 402 of the
                Digital Asset Market Clarity Act; and
                    ``(D) in which margin requirements are determined
                on a risk-based, portfolio-wide basis, rather than on
                an instrument-by-instrument basis.''; and
                    (C) in paragraph (10), as so redesignated, in the
                matter following subparagraph (L), by striking ``a
                transaction in the portfolio margining account'' and
                inserting ``the portfolio margining account or expanded
                securities portfolio margin account''.
    (b) Rules.--
            (1) Definitions.--In this subsection:
                    (A) Expanded securities portfolio margin account.--
                The term ``expanded securities portfolio margin
                account'' has the meaning given the term in section 16
                of the Securities Investor Protection Act of 1970 (15
                U.S.C. 78lll), as amended by this section.
                    (B) SIPC.--The term ``SIPC'' means the Securities
                Investor Protection Corporation.
            (2) Issuance of rules.--Notwithstanding any provision of
        the Securities Investor Protection Act of 1970 (15 U.S.C. 78aaa
        et seq.), in jointly issuing rules under section 402, the
        Commission and the Commodity Futures Trading Commission, in
        consultation with the SIPC and the Secretary of the Treasury,
        shall issue rules relating to the treatment under that Act of
        securities (including related extensions of credit), security-
        based swaps, contracts of sale of a commodity for future
        delivery, options on contracts of sale of a commodity for
        future delivery, swaps, digital commodities, cash, or other
        property (to the extent that such instruments, cash, or other
        property effectively hedge or collateralize a securities
        position) held in an account offering portfolio margining
        carried as a securities account by a registered broker or
        dealer pursuant to an expanded securities portfolio margin
        account to facilitate portfolio margining in a manner that
        protects customers, including portfolio margin customers, which
        shall include rules relating to--
                    (A) the transfer of accounts;
                    (B) the allocation of customer property among
                customers;
                    (C) the eligibility of products and positions to be
                held in an expanded securities portfolio margin
                account, including any disclosures to and any elections
                that may need to be performed by customers;
                    (D) the application of customer protection or
                segregation requirements as between securities
                customers who are and are not maintaining positions in
                an expanded securities portfolio margin account;
                    (E) further defining the terms, solely as relating
                to an expanded securities portfolio margin account,
                ``customer'', ``customer property'', and ``net
                equity'', as necessary or appropriate to address non-
                securities and non-cash positions and assets held in an
                expanded securities portfolio margin account, and in a
                manner consistent with subparagraphs (A) through (D);
                and
                    (F) any interaction between a securities account
                and an expanded securities portfolio margin account,
                including any funding of debits in one type of account
                by credits in the other type of account.
            (3) Process for issuance of rules.--The requirements of
        section 402(b) shall apply with respect to the rules issued
        under this subsection.
    (c) Effect of Rules.--An expanded securities portfolio margin
account may not be offered, maintained, or utilized until the final
rules required under subsection (b) are issued.

               TITLE V--RESPONSIBLE REGULATORY INNOVATION

SEC. 501. CFTC-SEC MICRO-INNOVATION SANDBOX.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means either of
        the Commissions, as the context requires.
            (2) Commissions.--The term ``Commissions'' means the
        Securities and Exchange Commission and the Commodity Futures
        Trading Commission.
            (3) Eligible firm.--The term ``eligible firm'' means a
        person that is eligible to participate in the Sandbox, in
        accordance with the requirements under this section.
            (4) Innovative.--The term ``innovative'' means new or
        emerging technology, or a novel application of technology,
        including artificial intelligence, that--
                    (A) provides a financial product, service, business
                model, or delivery mechanism to the public; and
                    (B) lacks--
                            (i) a substantially comparable, widely
                        available analogue in common use in the United
                        States; and
                            (ii) an analogous Federal regulatory
                        regime.
            (5) Person.--The term ``person'' means a person, as defined
        in section 3(a) of the Securities Exchange Act of 1934 (15
        U.S.C. 78c(a)) or section 1a of the Commodity Exchange Act (7
        U.S.C. 1a).
            (6) Sandbox.--The term ``Sandbox'' means the CFTC-SEC
        Micro-Innovation Sandbox established under subsection (b).
            (7) Self-regulatory organization.--The term ``self-
        regulatory organization'' means a self-regulatory organization,
        as defined in--
                    (A) section 3(a) of the Securities Exchange Act of
                1934 (15 U.S.C. 78c(a)); or
                    (B) section 1.52(a)(2) of title 17, Code of Federal
                Regulations, or any successor regulation.
    (b) Establishment.--Not later than 360 days after the date of
enactment of this Act, the Commissions shall, by joint notice and
comment rulemaking, establish a CFTC-SEC Micro-Innovation Sandbox to
enable eligible firms to test innovative activities within the United
States, subject to--
            (1) applicable Federal and State securities and commodities
        laws;
            (2) other State laws that are not specific to the
        regulation of securities or commodities; and
            (3) the limitations of this section.
    (c) Eligible Firm.--
            (1) In general.--A United States-based person shall be an
        eligible firm, and shall be eligible to participate in the
        Sandbox, if the person--
                    (A) submits an application under subsection (e)
                that is approved under that subsection;
                    (B) seeks to conduct an eligible and lawful
                innovative activity in the United States;
                    (C) is not subject to--
                            (i) a statutory disqualification, as
                        defined in section 3(a) of the Securities
                        Exchange Act of 1934 (15 U.S.C. 78c(a));
                            (ii) a disqualification under section 8a(2)
                        of the Commodity Exchange Act (7 U.S.C.
                        12a(2)); or
                            (iii) a disqualification under State law;
                    (D) does not have a criminal conviction for fraud;
                    (E) agrees to submit to the jurisdiction and
                oversight of the Commissions, to the extent that the
                person is not subject to that jurisdiction or
                oversight, for purposes of, and while participating in,
                the Sandbox;
                    (F) designates to the Commissions an individual as
                a point of contact with respect to activities that the
                person undertakes as an applicant and participant with
                respect to the Sandbox;
                    (G) employs not more than 25 employees; and
                    (H) has annual gross revenues of not more than
                $10,000,000 in any fiscal year.
            (2) Application of requirements.--The requirements under
        paragraph (1) shall be satisfied during the entire period in
        which an eligible firm participates in the Sandbox.
    (d) Eligible Activities and Activity Ceilings.--
            (1) List of eligible activities.--
                    (A) In general.--After providing notice and an
                opportunity for public comment, the Commissions shall
                maintain and publish a list of eligible innovative
                activities, which shall be--
                            (i) updated once every 2 years after
                        providing notice and an opportunity for public
                        comment;
                            (ii) reasonably tailored to include
                        activities that--
                                    (I) further the purposes of this
                                section; and
                                    (II) are consistent with the
                                interests of the public and the
                                protection of investors;
                            (iii) sufficiently flexible to accommodate
                        evolving technological developments, including
                        distributed ledger-based products and services;
                        and
                            (iv) focused exclusively on activities for
                        which specific provisions of the securities
                        laws and commodities laws may create a material
                        impediment to the proposed innovative activity.
                    (B) Identification of requirements.--
                            (i) In general.--For each eligible
                        innovative activity, the Commissions shall,
                        consistent with existing (as of the day before
                        the date of enactment of this Act) statutory
                        and regulatory precedent concerning the
                        respective jurisdiction of each Commission,
                        identify the requirements that each Commission
                        will administer.
                            (ii) Joint jurisdiction.--With respect to
                        an eligible innovative activity that is subject
                        to the jurisdiction of both Commissions, the
                        rulemaking under subsection (b) shall specify
                        which requirements each Commission will
                        administer and any coordinated conditions
                        needed to protect investors and market
                        integrity.
            (2) Activity ceilings.--For each eligible innovative
        activity, the Commissions shall, after public input and
        consultation, establish individual customer and monetary
        ceilings, which shall provide that an eligible firm may not
        raise or commit more than $20,000,000 in aggregate customer,
        investor, or counterparty funds in connection with Sandbox
        activities.
            (3) Annual participation cap.--Each of the Commissions may
        approve not more than 20 projects per year.
    (e) Application.--
            (1) In general.--An eligible firm seeking to participate in
        the Sandbox shall submit to the Commission or Commissions, as
        applicable, an application that--
                    (A) describes the proposed innovative activity and
                the desired outcomes;
                    (B) subject to approval of the applicable
                Commission, identifies the provisions of the securities
                laws, or of the Commodity Exchange Act (7 U.S.C. 1 et
                seq.), from which the eligible firm proposes to be
                exempt during the period in which the eligible firm
                participates in the Sandbox, which--
                            (i) shall not include any Federal or State
                        anti-fraud law or any other law that is not
                        specific to the regulation of securities or
                        commodities; and
                            (ii) shall be subject to the limitations of
                        this section;
                    (C) sets forth how relief from the provisions of
                law identified under subparagraph (B) is reasonably
                necessary to engage in the innovative activity;
                    (D) identifies material risks to investors,
                customers, or market integrity and how the eligible
                firm will mitigate those risks;
                    (E) certifies that the eligible firm will comply
                with applicable Federal and State anti-fraud laws;
                    (F) states an exit objective of the eligible firm
                involving action from the applicable Commission, which
                may include registration, an exemptive order,
                interpretive guidance, a no-action letter, or a
                rulemaking petition, together with milestones and
                metrics the eligible firm will use to demonstrate
                readiness for that exit;
                    (G) states the agreement of the eligible firm to
                submit to the jurisdiction and oversight of the
                Commissions, to the extent that the eligible firm is
                not otherwise subject to that jurisdiction and
                oversight, for purposes of, and while participating in,
                the Sandbox;
                    (H) designates to the Commissions an individual as
                a point of contact with respect to activities that the
                eligible firm undertakes as an applicant and
                participant with respect to the Sandbox; and
                    (I) states the agreement of the eligible firm to
                abide by any condition that either of the Commissions
                may impose for engaging in an eligible innovative
                activity in the Sandbox.
            (2) Deadline for decision.--Not later than 180 business
        days after the date on which an eligible firm submits an
        application under this subsection, the Commission or
        Commissions, as applicable, shall make a decision with respect
        to the application, after which the eligible firm submitting
        the application may commence eligible innovative activities in
        the Sandbox unless the application is denied.
            (3) Updates and status reports.--Each eligible firm shall
        submit to the Commission or Commissions, as applicable, on a
        semi-annual basis while participating in the Sandbox, an
        updated application that--
                    (A) describes any material changes to the
                information originally provided under paragraph (1);
                and
                    (B) reports the progress of the eligible firm
                toward the stated exit objective described in paragraph
                (1)(F), including milestones achieved, remaining
                impediments, and any pending requests for official
                action before the applicable Commission or the
                Commissions.
            (4) Unredacted and redacted versions.--
                    (A) In general.--An eligible firm that submits an
                initial or updated application under this subsection
                may submit to the applicable Commission or the
                Commissions an unredacted version, together with a
                request for confidential treatment, pursuant to
                procedures the applicable Commission shall establish
                that are modeled on the rules of that Commission
                relating to the confidential treatment of information,
                which shall include--
                            (i) for the Securities and Exchange
                        Commission, sections 200.83, 230.406, and
                        240.24b-2 of title 17, Code of Federal
                        Regulations, or any successor regulations; and
                            (ii) for the Commodity Futures Trading
                        Commission, section 145.9 of title 17, Code of
                        Federal Regulations, or any successor
                        regulations.
                    (B) Omitted information.--An eligible firm may omit
                information granted confidential treatment under
                subparagraph (A) from any public posting under
                subsection (h) in accordance with the procedures
                established under subparagraph (A).
                    (C) Indication of confidential information.--Any
                omission in a public posting under subsection (h) shall
                be clearly indicated by brackets with a prominent
                legend stating that--
                            (i) confidential information has been
                        omitted; and
                            (ii) an unredacted version has been filed
                        with the applicable Commission or the
                        Commissions.
    (f) Duration of Participation.--
            (1) Duration.--Except as provided in paragraph (2), an
        eligible firm may participate in the Sandbox for a period of
        not more than 2 years, provided that the eligible firm does not
        exceed the ceilings established under subsection (d)(2).
            (2) Extension.--
                    (A) Sole jurisdiction.--If an eligible innovative
                activity is subject only to the jurisdiction of 1
                Commission, that Commission may extend participation by
                an eligible firm in the Sandbox by not more than 1
                additional year, if that Commission determines that the
                eligible firm--
                            (i) is actively pursuing the exit objective
                        described in subsection (e)(1)(F) in good
                        faith;
                            (ii) is making demonstrable progress toward
                        achieving such an exit; and
                            (iii) establishes that such an extension is
                        necessary to achieve such an exit.
                    (B) Joint jurisdiction.--Where an eligible
                innovative activity is subject to the jurisdiction of
                both Commissions, an extension of participation by an
                eligible firm in the Sandbox by not more than 1
                additional year shall be by joint order of the
                Commissions after making the findings described in
                clauses (i) through (iii) of subparagraph (A).
    (g) Conditions and Enforcement.--
            (1) Conditions.--An eligible firm shall comply with
        applicable regulatory conditions approved by the applicable
        Commission or the Commissions under subsection (e)(1)(B), which
        shall be consistent with applicable Federal and State anti-
        fraud laws.
            (2) Monitoring.--The Commissions shall monitor Sandbox
        activities and enforce compliance with applicable regulatory
        conditions and Federal anti-fraud laws.
            (3) Coordination.--
                    (A) In general.--The Commissions shall coordinate
                supervision, information requests, and examinations to
                avoid duplication while each Commission retains full
                authority under the provisions of law that such
                Commission administers.
                    (B) Cooperation with states.--The Commissions may
                cooperate with any State in enforcing compliance with
                applicable regulatory conditions and Federal and State
                anti-fraud laws with respect to the operation of the
                Sandbox.
            (4) Self-regulatory organizations.--Each self-regulatory
        organization shall recognize and respect Sandbox conditions
        that are applicable to a participant in the Sandbox.
            (5) Cessation of activities.--The Commissions may, at any
        time during the participation of an eligible firm in the
        Sandbox, disqualify the eligible firm from continued
        participation in the Sandbox, order the eligible firm to cease
        engaging in a permitted activity in the Sandbox, revoke a grant
        of exemptive relief, or impose additional or more stringent
        conditions on continuing participation or engagement in a
        permitted activity in the Sandbox, if the Commissions find that
        the eligible firm has failed to comply with--
                    (A) the requirements of this section;
                    (B) the terms or conditions of participation
                established by the Commissions; or
                    (C) other applicable law.
    (h) Public Disclosure.--
            (1) Initial posting.--Each eligible firm shall post, in a
        prominent location on a public website of the eligible firm,
        the information required under subsection (e)(1), subject to
        confidential treatment under subsection (e)(4), not later than
        the date on which the notice becomes effective under subsection
        (e)(3).
            (2) Updates.--Each eligible firm shall post, in the same
        manner as under paragraph (1), the information required under
        subsection (e)(3), subject to confidential treatment under
        subsection (e)(4), concurrently with submission to the
        applicable Commission or the Commissions.
            (3) Disclosure requirements.--Each post under this
        subsection shall satisfy the disclosure requirements of both
        Commissions where the jurisdictions of both Commissions are
        implicated.
    (i) Use of Data by Commissions.--Each Commission may collect and
share data from Sandbox activities with the other Commission to inform
permanent, principles-based regulatory frameworks that advance the
missions of the Commissions.
    (j) Publication by Commissions.--Not less frequently than annually,
each Commission shall publish on the public website of the Commission a
report summarizing the activities conducted under this section,
including--
            (1) the number and general nature of eligible firms
        participating in the Sandbox;
            (2) the categories of innovative activities tested;
            (3) the impact of Sandbox participation on innovation,
        investor protection, market integrity, and the public interest;
            (4) the disclosures posted by eligible firms under
        subsection (h)(1); and
            (5) exit outcomes, including the types of relief requested
        and actions taken by the Commissions.
    (k) Relationship of Sandbox Participation to State Law.--
            (1) Limited preemption for sandbox participants.--This
        section, including participation in the Sandbox, and any
        exemption or relief granted under this section, shall supersede
        any State securities or commodities law requiring registration,
        qualification, or licensing as a condition of engaging in an
        approved activity or otherwise regulating that activity as a
        security or commodity.
            (2) State enforcement preserved.--Nothing in this section
        may be construed to prohibit or limit any State securities or
        commodities regulator, any State bank regulator, or any State
        law enforcement agency from conducting an investigation or
        bringing an administrative, civil, or criminal enforcement
        action under--
                    (A) a State law prohibiting fraud or deceit, or
                fraudulent, deceptive, manipulative, unethical,
                dishonest, or other unlawful conduct or practices, in
                connection with securities or securities transactions;
                    (B) the anti-fraud provisions of the Commodity
                Exchange Act (7 U.S.C. 1 et seq.) or State commodities
                laws; or
                    (C) any State law of general applicability,
                including such a law relating to banking, consumer
                protection, contracts, property, or criminal conduct.
            (3) Notice filings.--A State may require notice of any
        document filed with either of the Commissions in connection
        with participation in the Sandbox, together with consent to
        service of process and reasonable fees, consistent with section
        18(c) of the Securities Act of 1933 (15 U.S.C. 77r(c)).

SEC. 502. INTERNATIONAL COOPERATION.

    (a) Definition.--In this section, the term ``Commissions'' means
the Commission and the Commodity Futures Trading Commission.
    (b) Cooperation.--In order to promote United States leadership in
effective, reciprocal, and innovative global regulation of digital
assets, and to advance the strategic economic and policy interests of
the United States, the Commissions, as appropriate--
            (1) shall consult and coordinate with foreign regulatory
        authorities or other relevant international organizations on
        the application of consistent international standards with
        respect to the regulation of digital assets;
            (2) may enter into such information sharing arrangements as
        may be determined to be necessary or appropriate in the public
        interest or for the protection of investors, customers, and
        users of digital assets;
            (3) shall pursue reciprocal arrangements with foreign
        regulatory authorities that ensure United States-based digital
        asset firms, exchanges, and infrastructure providers receive
        treatment equivalent to that granted to foreign counterparts
        operating within the United States;
            (4) shall advocate in international fora for the
        development and adoption of technology-neutral, open standards
        that preserve lawful access to public distributed ledger
        infrastructure, support dollar-denominated digital asset usage,
        and safeguard individual rights, including self-custody and
        privacy; and
            (5) may, as appropriate, engage in, at the least,
        cooperative enforcement, supervisory coordination, and joint
        technical assistance, in a manner that promotes responsible
        innovation in digital financial markets.
    (c) Cross-border Sandbox.--The Commissions may leverage the
activities described in paragraphs (1) through (5) of subsection (b) to
establish or participate in cross-border regulatory sandboxes that
build upon the CFTC-SEC Micro-Innovation Sandbox established pursuant
to section 501.

SEC. 503. AUTOMATED REGULATORY COMPLIANCE STUDY.

    (a) Definitions.--In this section:
            (1) Automated regulatory compliance.--The term ``automated
        regulatory compliance'' means the use of technology, including
        data standards, automation, and distributed ledger or smart
        contract functionality, to automate, tag, or otherwise
        streamline regulatory reporting, disclosure, supervisory, or
        other compliance obligations.
            (2) Innovative.--The term ``innovative'' has the meaning
        given the term in section 501(a).
    (b) Study Required.--The Comptroller General of the United States
shall, in consultation with the Department of the Treasury (including
the Financial Crimes Enforcement Network, the Office of Foreign Assets
Control, and the Office of Financial Research), the Office of the
Comptroller of the Currency, the Federal Deposit Insurance Corporation,
the National Credit Union Administration, the Commission, the Commodity
Futures Trading Commission, the Bureau of Consumer Financial
Protection, and the Federal Housing Finance Agency, carry out a study
of distributed ledger-based compliance tools that--
            (1) to the extent feasible, identifies and evaluates--
                    (A) the landscape of existing (as of the day before
                the date of enactment of this Act) distributed ledger-
                based compliance tools for--
                            (i) statutory and regulatory disclosures;
                            (ii) real-time reporting and audit-trail
                        logging; and
                            (iii) anti-money-laundering practices,
                        sanctions screening, and customer-
                        identification checks;
                    (B) the feasibility, benefits, and risks of
                allowing regulated entities to satisfy applicable
                regulatory obligations through on-chain, code-based, or
                other automated mechanisms;
                    (C) the potential for interoperability with
                automated regulatory compliance mechanisms across and
                among each of those agencies;
                    (D) the data collection systems of each of those
                agencies; and
                    (E) standards or taxonomies, or other common data