To amend the Commodity Exchange Act with respect to the regulation of virtual currencies.

#4234 | HR Congress #116

Last Action: Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit. (9/11/2019)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary



This legislation is proposing amendments to the Commodity Exchange Act in regards to the regulation of virtual currencies. It defines virtual currency as a digital representation of value that is not recognized as legal tender but can function as a medium of exchange, unit of account, or store of value. It also lays out specific requirements for Boards of Trade and Swap Execution Facilities when dealing with contracts or swaps referencing virtual currencies. These requirements include having access to all trade and trader data on the spot market platform and being able to provide this data to the Commission upon request.

Possible Impacts



1. For individuals who use virtual currencies as a medium of exchange, this legislation may affect their ability to participate in certain markets or trading platforms. They may have to provide their data to the Commission upon request, which could potentially infringe on their privacy.
2. For companies that offer virtual currency trading services, this legislation could require them to have unconstrained access to all trade and trader data of their clients. This may increase the regulatory burden on these companies and could potentially limit their business operations.
3. If individuals or companies fail to comply with the requirements set by this legislation, they may face penalties or legal consequences. This could impact their financial stability and reputation.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4234 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 4234

 To amend the Commodity Exchange Act with respect to the regulation of 
                          virtual currencies.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 6, 2019

  Mr. Sean Patrick Maloney of New York introduced the following bill; 
           which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
 To amend the Commodity Exchange Act with respect to the regulation of 
                          virtual currencies.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. VIRTUAL CURRENCY.

    (a) Definition.--Section 1a of the Commodity Exchange Act (7 U.S.C. 
1a) is amended by adding at the end the following:
            ``(52) Virtual currency.--The term `virtual currency' means 
        a digital representation of value that does not have legal 
        tender status and that functions as a medium of exchange, a 
        unit of account, or a store of value.''.
    (b) Requirements Applicable to Boards of Trade.--Section 5(d)(4) of 
such Act (7 U.S.C. 7(d)(4)) is amended--
            (1) by striking all that precedes ``board of trade'' and 
        inserting the following:
            ``(4) Prevention of market disruption.--
                    ``(A) In general.--The'';
            (2) by redesignating each of subparagraphs (A) and (B) as 
        clauses (i) and (ii), respectively, and moving each of such 
        provisions 2 ems to the right; and
            (3) by adding after and below the end the following:
                    ``(B) Virtual currency.--Notwithstanding paragraph 
                (1)(B), with regard to a contract on the contract 
                market that references a virtual currency available on 
                a spot market platform, in order to fully comply with 
                this paragraph, the board of trade must have--
                            ``(i) unconstrained access to all trade and 
                        trader data regarding the virtual currency on 
                        the spot market platform; and
                            ``(ii) the capability to provide the data 
                        to the Commission on request.''.
    (c) Requirements Applicable To Swap Execution Facilities.--Section 
5h(f)(4) of such Act (7 U.S.C. 7b-3(f)(4)) is amended--
            (1) by striking all that precedes ``swap execution facility 
        shall'' and inserting the following:
            ``(4) Monitoring of trading and trade processing.--
                    ``(A) In general.--The'';
            (2) by redesignating each of clauses (i) and (ii) of 
        subparagraph (A) as subclauses (I) and (II), respectively, and 
        moving each of such provisions 2 ems to the right;
            (3) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively, and moving each of such provisions 
        2 ems to the right; and
            (4) by adding after and below the end the following:
                    ``(B) Virtual currency.--Notwithstanding paragraph 
                (1)(B), with regard to a swap on the swap execution 
                facility that references a virtual currency available 
                on a spot market platform, in order to fully comply 
                with this paragraph, the board of trade must have--
                            ``(i) unconstrained access to all trade and 
                        trader data regarding the virtual currency on 
                        the spot market platform; and
                            ``(ii) the capability to provide the data 
                        to the Commission on request.''.
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