Digital Asset Market Clarity Act
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Finance and Financial Sector
Rep. Hill, J. French [R-AR-2] (R) — AR
Summary
This bill establishes a regulatory framework for digital commodities, defined by the bill as digital assets that rely upon a blockchain for their value.
The Commodity Futures Trading Commission must generally regulate digital commodities transactions, including digital commodity exchanges, brokers, and dealers. To qualify for trade on an exchange (1) a digital commodity’s blockchain must be mature, or on a blockchain system that has achieved decentralized control as defined by the bill; or (2) the issuer of the digital commodity must file certain reports. The bill establishes requirements for trade monitoring, recordkeeping, and the commingling of customer assets.
The bill exempts digital commodities on mature blockchains (and digital commodities on blockchains expected to mature within certain timeframes) from Securities and Exchange Commission (SEC) registration requirements if annual sales fall under a certain amount and other requirements are met. The bill provides the SEC with jurisdiction over digital commodity activities and transactions engaged in by certain brokers and dealers on alternative trading systems and by national securities exchanges.
Digital commodity exchanges, brokers, and dealers are subject to the Bank Secrecy Act for anti-money laundering and related purposes.
The bill also sets forth requirements for alternative trading systems, previously issued digital commodities, and provisional registration until the bill is implemented.
For more information on this bill, see CRS Insight IN12583, Crypto Legislation: An Overview of H.R. 3633, the CLARITY Act.
Legislative subjects
Advanced technology and technological innovations; Bank accounts, deposits, capital; Banking and financial institutions regulation; Business records; Computer security and identity theft; Computers and information technology; Currency; Data collection, sharing, protection; Digital media; Finance and Financial Sector; Financial services and investments; Fraud offenses and financial crimes; Licensing and registrations; Securities
Latest action
Placed on Senate Legislative Calendar under General Orders. Calendar No. 423.
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