Sec. 605. Study on decentralized finance
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The Commodity Futures Trading Commission and the Securities and Exchange Commission shall jointly carry out a study on decentralized finance that analyzes— the nature, size, role, and use of decentralized finance blockchain protocols; the operation of blockchain protocols that comprise decentralized finance; the interoperability of blockchain protocols and blockchain systems; the interoperability of blockchain protocols and software-based systems, including websites and wallets; the decentralized governance systems through which blockchain protocols may be developed, published, constituted, administered, maintained, or otherwise distributed, including— whether the systems enhance or detract from— the decentralization of the decentralized finance; and the inherent benefits and risks of the decentralized governance system; and any procedures, requirements, or best practices that would mitigate the risks identified in subparagraph (A)(ii); the benefits of decentralized finance, including— operational resilience and availability of blockchain systems; interoperability of blockchain systems; market competition and innovation; transaction efficiency; transparency and traceability of transactions; and disintermediation; the risks of decentralized finance, including— pseudonymity of users and transactions; disintermediation; and cybersecurity vulnerabilities; the extent to which decentralized finance has integrated with the traditional financial markets and any potential risks or improvements to the stability of the markets; how the levels of illicit activity in decentralized finance compare with the levels of illicit activity in traditional financial markets; methods for addressing illicit activity in decentralized finance and traditional markets that are tailored to the unique attributes of each; how decentralized finance may increase the accessibility of cross-border transactions; and the feasibility of embedding self-executing compliance and risk controls into decentralized finance.
In carrying out the study required under subsection (a), the Commodity Futures Trading Commission and the Securities and Exchange Commission shall consult with the Secretary of the Treasury on the factors described under paragraphs
(7)through
(10)of subsection (a). Not later than 1 year after the date of enactment of this Act, the Commodity Futures Trading Commission and the Securities and Exchange Commission shall jointly submit to the relevant congressional committees a report that includes the results of the study required by subsection (a). The Comptroller General of the United States shall— carry out a study on decentralized finance that analyzes the information described under paragraphs
(1)through
(12)of subsection (a); and not later than 1 year after the date of enactment of this Act, submit to the relevant congressional committees a report that includes the results of the study required by paragraph (1). In this section: The term decentralized finance means blockchain protocols that allow users to engage in financial transactions in a self-directed manner so that a third-party intermediary does not effectuate the transactions or take custody of digital assets of a user during any part of the transactions. The term decentralized finance shall not be interpreted to limit or exclude any activity from the activities described in section 15I(a) of the Securities Exchange Act of 1934 or section 4v(a) of the Commodity Exchange Act. The term relevant congressional committees means— the Committees on Financial Services and Agriculture of the House of Representatives; and the Committees on Banking, Housing, and Urban Affairs and Agriculture, Nutrition, and Forestry of the Senate.