Sec. 5. Additional amendments

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Section 2(c)(2)(D)(ii) of the Commodity Exchange Act ( 7 U.S.C. 2(c)(2)(D)(ii) ) is amended— in subclause (III)(bb), by striking or at the end; by redesignating subclauses

(IV)and

(V)as subclauses

(V)and (VI), respectively; and by inserting after subclause

(III)the following: a digital commodity trade; . Section 2(i) of the Commodity Exchange Act ( 7 U.S.C. 2(i) ) is amended— by redesignating paragraphs

(1)and

(2)as subparagraphs

(A)and (B), respectively, and indenting appropriately; in the matter preceding subparagraph

(A)(as so redesignated), by striking The provisions and inserting the following: The provisions ; and by adding at the end the following: The provisions of this Act (including any rule prescribed or regulation promulgated under this Act) relating to digital commodities shall not apply to activities outside the United States unless those activities— have a reasonably foreseeable significant effect within the United States; involve, for the purpose of soliciting or accepting any order for, or otherwise dealing in, digital commodities— the offering to enter into, entering into, execution, or confirming the execution of digital commodities with any United States person; or the conducting of any office or business anywhere in the United States (including any territory or possession of the United States); or contravene such rules or regulations as the Commission may prescribe or promulgate as are necessary or appropriate to prevent the evasion of any provision of this Act. . Section 4k of the Commodity Exchange Act ( 7 U.S.C. 6k ) is amended— by redesignating paragraphs

(4)through

(6)as paragraphs

(5)through (7); by inserting after paragraph

(3)the following: It shall be unlawful for any person to act as an associated person of a digital commodity broker or an associated person of a digital commodity dealer unless such person is registered with the Commission under this Act and such registration shall not have expired, been suspended (and the period of suspension has not expired), or been revoked. It shall be unlawful for a digital commodity broker or a digital commodity dealer to permit such a person to become or remain associated with the digital commodity broker or digital commodity dealer if such digital commodity broker or digital commodity dealer knew or should have known that such person was not so registered or that such registration had expired, been suspended (and the period of suspension has not expired), or been revoked. ; and in paragraph

(5)(as so redesignated), by striking or of a commodity trading advisor and inserting of a commodity trading advisor, of a digital commodity broker, or of a digital commodity dealer . The Commodity Exchange Act ( 7 U.S.C. 1a et seq. ) is amended by striking section 4k(6) each place it appears and inserting section 4k(7) . Section 4l of the Commodity Exchange Act ( 7 U.S.C. 6l ) is amended— in paragraph (2), by striking derivatives transaction execution facilities and inserting digital commodity trades on or subject to the rules of digital commodity trading facilities ; and in paragraph (3), by striking derivatives transaction execution facilities and inserting digital commodity trading facilities . Section 4m(3)(C) of the Commodity Exchange Act ( 7 U.S.C. 6m(3)(C) ) is amended by inserting digital commodity trades, before and any monies . Section 4n(3)(B) of the Commodity Exchange Act ( 7 U.S.C. 6n(3)(B) ) is amended by inserting or digital commodity after futures market . Section 5c(a)(1) of the Commodity Exchange Act ( 7 U.S.C. 7a–2(a)(1) ) is amended by striking and 5b(c)(2), and inserting , 5b(c)(2), and 5i(b) . Section 8(a)(1) of the Commodity Exchange Act ( 7 U.S.C. 12(a)(1) ) is amended, in the first sentence of the matter preceding subparagraph (A), by inserting , digital commodity platforms, after boards of trade . Section 5312(a)(2) of title 31, United States Code, is amended— by redesignating subparagraphs

(Y)and

(Z)as subparagraphs

(Z)and (AA), respectively; and by inserting after subparagraph

(X)the following: a digital commodity platform (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a )); . Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury, after consultation with the Commodity Futures Trading Commission, shall publish proposed regulations in the Federal Register requiring a digital commodity platform (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a )) registered with the Commodity Futures Trading Commission to submit a report of any suspicious transaction under section 5318(g) of title 31, United States Code. Not later than 180 days after the date of publication of the proposed regulations under subparagraph (A), the Secretary of the Treasury shall publish those regulations in final form. Section 8a of the Commodity Exchange Act ( 7 U.S.C. 12a ) is amended— in paragraph (1), by inserting digital commodity brokers, associated persons of digital commodity brokers, digital commodity dealers, associated persons of digital commodity dealers, after to register ; in paragraph (2)— in subparagraph (C)— in clause (i), by inserting digital commodity broker, digital commodity dealer, before futures commission merchant ; and in clause (ii), by striking contracts of and inserting a digital commodity trade or a contract of ; in subparagraph (D)— in clause (i), by inserting digital commodity trade or before contract of sale ; and in clause (ii), by inserting digital commodity broker, digital commodity dealer, before futures commission merchant ; and in subparagraph (E)(i), by striking Investors and inserting Investor ; in paragraph (3)— in subparagraph (B)(i), by striking Investors and inserting Investor ; in subparagraph (E)— in clause (i), by striking contract of sale of a commodity for future delivery or and inserting contract of sale of a commodity for future delivery, digital commodity trade, or ; and in clause (ii), by inserting digital commodity broker, digital commodity dealer, before futures commission merchant ; and in subparagraph (J)— by inserting a digital commodity trading facility, before a registered entity ; and by striking registered entity, association and inserting digital commodity trading facility, registered entity, registered futures association ; in paragraph (4)— by striking futures commission merchant and inserting digital commodity broker, digital commodity dealer, futures commission merchant, ; by inserting digital commodity subject to the rules of a digital commodity trading facility or before commodity ; and by inserting digital commodity trading facility or before registered entity each place it appears; in paragraph (6), by inserting digital commodity trading facility, digital commodity custodian, before registered entity each place it appears; and in paragraph (9)— by inserting digital commodity trading facility or before registered entity each place it appears; by inserting digital commodity or before futures contract each place it appears; and by inserting digital commodity or before commodity each place it appears. Title 11, United States Code, is amended— in section 101(6), by inserting digital commodity platform, as defined in section 1a of the Commodity Exchange Act ( after 7 U.S.C. 1a ), leverage transaction merchant, ; and in section 761— in paragraph (4)(F)— in clause (i), by striking and at the end; in clause (ii), by inserting and after the semicolon; and by adding at the end the following: with respect to a digital commodity platform, a contract for a digital commodity trade— held at a digital commodity platform; or executed by or through a digital commodity platform; ; in paragraph (9)— in subparagraph (D), by striking or at the end; in subparagraph (E)(ii)(II), by adding or after the semicolon at the end; and by adding at the end the following: with respect to a digital commodity platform— entity for or with whom the digital commodity platform deals and that holds a claim against the digital commodity platform on account of a commodity contract made, received, acquired, or held by or through the digital commodity platform in the ordinary course of the business of the digital commodity platform as a digital commodity platform from or for a commodity contract account of the entity; or entity that holds a claim against the digital commodity platform arising out of— the making, liquidation, or change in the value of a commodity contract of a kind specified in clause

(i)of this subparagraph; a deposit or payment of cash, a security, digital commodity, or other property with the digital commodity platform for the purpose of— making or margining the commodity contract; or holding in custody, or accepting a deposit, of property related to the making or margining of the commodity contract; or the making or taking of delivery on the commodity contract. ; by redesignating paragraphs

(11)through

(17)as paragraphs

(12)through (18), respectively; and by inserting after paragraph

(10)the following: the terms digital commodity , digital commodity platform , and digital commodity trade have the meanings given those terms in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a ); .

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