,i #aafth ,,congress #ast ,session ,h4 ,r4 #eaig ,,in ,,the ,,house ,,of ,,representatives ,november #bj1 #bjai,ms4 ,garcia of ,texas 7for herself and ,mr4 ,gooden7 introduced the following bill2 which was referred to the ,committee on ,financial ,services ,a ,,bill ,to add establish the treatment of managed stablecoins under the securities laws1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,managed ,stablecoins are ,securities ,act of #bjai4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 digital assets1 known as managed stablecoins1 are investment contracts and therefore are securities within the meaning given the term in section #b7;a7 of the ,securities ,act of #aicc2 and 7#b7 because issuers of managed stablecoins nevertheless maintain that managed stablecoins are not securities1 it is appropriate for ,congress to provide clarity by amending statutory definitions of the term security to include managed stablecoins4 #c4 ,managed ,stablecoins 7a7 ,definitions ,under the ,securities ,act of #aicc ,section #b7;a7 of the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;b7a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by inserting 1 regardless of form after any of the foregoing2 and 7,b7 by inserting 1 managed stablecoin1 after national securities exchange relating to foreign currency2 and 7#b7 by adding at the end the following3 7#bj7 ,the term managed stablecoin means a digital asset that-- 7,a7 is not a security registered under section #h7;a7 of the ,investment ,company ,act of #aidj2 and 7,b7 satisfies one or more of the following3 7i7 ,the market value of such digital asset is determined1 in whole or in significant part1 directly or indirectly1 by reference to the value of a pool or basket of assets1 including digital assets1 held1 designated1 or managed by one or more persons4 7ii7 ,one or more holders of such digital asset1 directly or indirectly1 are entitled to obtain consideration or other assets1 including other digital assets and any sovereign currency of a foreign government or the ,united ,states1 in exchange for the digital asset1 the amount of which payment is determined1 in whole or in significant part1 directly or indirectly1 on the basis of the value of a pool or basket of assets1 including digital assets1 held1 designated1 or managed by one or more persons4 7#ba7 ,the term digital asset means any asset1 contract1 agreement or transaction1 including a representation of an economic1 proprietary1 or access right1 that is stored in a computer-readable form and has or will have a transaction history that is recorded in a distributed ledger1 digital ledger or other digital data structure4 ,a digital asset may be a managed stablecoin and a security4 4 7b7 ,definitions under the ,securities ,exchange ,act of #aicd ,section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7 is amended-- 7#a7 in paragraph 7#aj7-- 7,a7 by inserting 1 regardless of form after any of the foregoing2 7,b7 by inserting 1 managed stablecoin after national securities exchange relating to foreign currency2 and 7,c7 by inserting sovereign after but shall not include2 and 7#b7 by adding at the end the following3 7#ha7 ,the term managed stablecoin has the meaning given the term in section #b7;a7 of the ,securities ,act of #aicc4 7#hb7 ,the term digital asset has the meaning given the term in section #b7;a7 of the ,securities ,act of #aicc4 4 7c7 ,definitions under the ,investment ,company ,act of #aidj ,section #b7;a7 of the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a-#a et seq47 is amended-- 7#a7 in paragraph 7#cf7-- 7,a7 by inserting 1 regardless of form after any of the foregoing2 and 7,b7 by inserting 1 managed stablecoin after national securities exchange relating to foreign currency2 and 7#b7 by adding at the end the following3 7#ee7 ,the term managed stablecoin has the meaning given the term in section #b7;a7 of the ,securities ,act of #aicc4 7#ef7 ,the term digital asset has the meaning given the term in section #b7;a7 of the ,securities ,act of #aicc4 4 7d7 ,definitions under the ,investment ,advisers ,act of #aidj ,section #bjb7;a7 of the ,investment ,advisers ,act of #aidj 7#ae ,u4,s4,c4 #hj;b-#a et seq47 is amended-- 7#a7 in paragraph 7#ah7-- 7,a7 by inserting 1 regardless of form after any of the foregoing2 and 7,b7 by inserting 1 managed stablecoin after national securities exchange relating to foreign currency2 and 7#b7 by adding at the end the following3 7#ca7 ,the term managed stablecoin has the meaning given the term in section #b7;a7 of the ,securities ,act of #aicc4 7#cb7 ,the term digital asset has the meaning given the term in section #b7;a7 of the ,securities ,act of #aicc4 4 7e7 ,,sec ,rulemaking ,the ,securities and ,exchange ,commission may issue rules and regulations to further define the terms managed stablecoin and digital asset as such terms are defined in section #b7;a7 of the ,securities ,act of #aicc4