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HOUSE 5745118th CongressReferred to the Subcommittee on Commodity Markets, Digital Assets, and Rural Development.

Digital Asset Market Structure and Investor Protection Act

Last Action
1/17/2024

Actions

  • 2024-01-17Referred to the Subcommittee on Commodity Markets, Digital Assets, and Rural Development.
  • 2023-09-27Referred to the Committee on Financial Services, and in addition to the Committees on Agriculture, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
  • 2023-09-27Referred to the Committee on Financial Services, and in addition to the Committees on Agriculture, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
  • 2023-09-27Referred to the Committee on Financial Services, and in addition to the Committees on Agriculture, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
  • 2023-09-27Introduced in House
  • 2023-09-27Introduced in House

CRS Summary

As of 2023-09-27 (00)

Digital Asset Market Structure and Investor Protection Act

This bill generally addresses the regulatory treatment of digital assets and digital asset securities.

The bill grants the Commodities Futures Trading Commission authority over digital assets, which (1) are created electronically or digitally through software code; (2) are programmed with rules that govern the creation, supply, ownership, use, and transfer of the asset; (3) have a secure transaction history; and (4) are capable of being transferred through a decentralized method without an intermediate custodian.

Additionally, the bill grants the Securities and Exchange Commission authority over the regulation of digital asset securities, digital assets that provide the holder with (1) equity or debt interest in the issuer, (2) rights to certain payments from the issuer, (3) voting rights in the major corporate actions of the issuer, or (4) liquidation rights in the event of the issuer's liquidation.

Digital assets and digital asset securities are subject to the Bank Secrecy Act for anti-money laundering, reporting, and recordkeeping purposes.

The Board of Governors of the Federal Reserve System may issue digital currency. However, digital assets, digital asset securities, and fiat-based stablecoins (a digital asset pegged to the U.S. dollar or other fiat currency) are not U.S. legal tender. Digital asset fiat-based stablecoins must be registered with and approved by the Department of the Treasury.

Digital assets shall not be covered by the Federal Deposit Insurance Corporation and the National Credit Union Administration depository insurance.

The Financial Crimes Enforcement Network must issue rules regarding the use of anonymizing services and other anonymity-enhanced convertible virtual currency services.

Subjects

  • Bank accounts, deposits, capital
  • Banking and financial institutions regulation
  • Business records
  • Computer security and identity theft
  • Computers and information technology
  • Congressional oversight
  • Corporate finance and management
  • Criminal investigation, prosecution, interrogation
  • Currency
  • Debt collection
  • Digital media
  • Financial services and investments
  • Fraud offenses and financial crimes
  • Government information and archives
  • Government studies and investigations
  • Internet, web applications, social media
  • Right of privacy
  • Securities
  • Tax administration and collection, taxpayers
Read on Congress.gov

Sourced from Congress.gov (public domain).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.