,i #aaith ,,congress #ast ,session ,h4 ,r4 #dcid ,,in ,,the ,,house ,,of ,,representatives ,july #ae1 #bjbe,mr4 ,casten introduced the following bill2 which was referred to the ,committee on ,financial ,services ,a ,,bill ,to require the ,secretary of the ,treasury to develop a public-private partnership program to examine innovative anti-money laundering solutions for decentralized finance services1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,compliant ,operations of ,decentralized ,entities ,act of #bjbe or the the ,,code ,act of #bjbe4 #b4 ,findings ,the ,congress finds the following3 7#a7 ,in #bjai1 under the ,trump ,administration1 the ,financial ,crimes ,enforcement ,network issued guidance 7,,fin-#bjai-;,g#jja7 to clarify that decentralized finance applications may be required to register with the agency and comply with the ,bank ,secrecy ,act1 including anti-money laundering1 recordkeeping1 and reporting requirements4 7#b7 ,in #bjai1 under the ,trump ,administration1 the ,financial ,crimes ,enforcement ,network published an advisory 7,,fin-#bjai-;,a#jjc7 noting that the prevalence of unregistered cryptocurrency entities without sufficient anti-money laundering controls enables illicit activity that threatens national security4 7#c7 ,in #bjbb1 under the ,biden ,administration1 the ,federal ,bureau of ,investigation published a public service announcement 7,i-#jhbibb-,,psa7 encouraging decentralized finance services to institute real-time analytics1 monitoring1 and rigorous testing of the computer code to more quickly identify vulnerabilities and respond to indicators of suspicious activity4 7#d7 ,in #bjbc1 under the ,biden ,administration1 the ,commodity ,futures ,trading ,commission issued a report 7,decentralized ,finance71 advocating for building regulatory compliance into decentralized finance systems and noting that areas like illicit finance compliance and cybersecurity are ripe for this kind of near-term action by software developers4 7#e7 ,decentralized finance services may be subject to ,bank ,secrecy ,act requirements1 but there is a lack of standardization across decentralized finance services and compliance processes4 7#f7 ,decentralized finance services present unique cybersecurity risks and have been vulnerable to exploitation campaigns by ,north ,korean threat actors4 7#g7 ,decentralized finance services and the broader cryptocurrency ecosystem could benefit from a set of technological controls that are coherent1 consistent1 and capable of satisfying ,bank ,secrecy ,act requirements4 #c4 ,public-private partnership program for decentralized finance services 7a7 ,in general ,not later than #f months after the date of enactment of this ,act1 the ,secretary of the ,treasury1 in consultation with the ,financial ,crimes ,enforcement ,network1 the ,office of ,foreign ,assets ,control1 the ,federal ,bureau of ,investigation1 the ,united ,states ,secret ,service1 the ,national ,institute of ,standards and ,technology1 the ,cybersecurity and ,infrastructure ,security ,agency1 and such other relevant agencies as determined by the ,secretary of the ,treasury1 shall develop a public-private partnership program with decentralized finance services and relevant risk management experts to-- 7#a7 focus on decentralized finance applications and front-end user interfaces2 7#b7 consider integrating anti-money laundering1 identity verification1 sanctions1 and cybersecurity controls and other technological solutions into decentralized smart contracts prior to deployment on a public blockchain network2 7#c7 test the capabilities of such integrated controls in decentralized smart contracts2 7#d7 consider establishing a regulatory gateway to external1 verifiable data inputs and outputs that are capable of upgrading smart contract behavior after it has been deployed2 and 7#e7 provide legislative and regulatory recommendations related to integrated compliance mechanisms for decentralized finance services4 7b7 ,prohibition on certain participants ,participants selected for the public-private partnership program required under subsection 7a7 shall not include a decentralized finance service owned or controlled1 directly or indirectly1 by a covered person4 7c7 ,sunset ,the public-private partnership program developed under subsection 7a7 shall terminate #ah months after the date of enactment of this ,act4 7d7 ,rule of construction ,nothing in subsection 7a7 shall be construed to limit1 impair1 or otherwise affect the supervisory1 regulatory1 or enforcement authority or the jurisdiction of the agencies described in subsection 7a7 under any applicable law4 7e7 ,interagency coordination ,the ,secretary of the ,treasury shall share the recommendations provided pursuant to subsection 7a77#e7 with other appropriate agencies1 and such agencies shall take the recommendations into account when issuing rules or carrying out supervisory functions4 #d4 ,fin,c,e,n advisory ,not later than #ah months after the date of enactment of this ,act1 the ,financial ,crimes ,enforcement ,network shall publish an advisory related to the responsible development1 deployment1 and ongoing operation of decentralized finance services on a public blockchain network for the purposes of strengthening compliance with the ,bank ,secrecy ,act4 #e4 ,rulemaking to modernize and strengthen ,bank ,secrecy ,act requirements for decentralized finance services ,not later than #cj months after the date of enactment of this ,act1 the ,secretary of the ,treasury shall issue a rule to-- 7#a7 further define the terms decentralized finance service and decentralized smart contract2 and 7#b7 expressly require that a decentralized finance service implements and maintains-- 7,a7 a risk-based anti-money laundering program that meets the requirements under the ,bank ,secrecy ,act2 and 7,b7 a risk-based sanctions compliance program4 #f4 ,definitions ,in this ,act3 7#a7 ,bank ,secrecy ,act ,the term ,bank ,secrecy ,act means-- 7,a7 section #ba of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahbi;b72 7,b7 chapter #b of title ,i of ,public ,law #ia-ejh 7#ab ,u4,s4,c4 #aiea et seq472 and 7,c7 subchapter ,,ii of chapter #ec of title #ca1 ,united ,states ,code4 7#b7 ,covered person ,the term covered person means-- 7,a7 the ,president2 7,b7 the ,vice ,president2 7,c7 a ,member of ,congress2 7,d7 a senior executive branch employee2 or 7,e7 the spouse1 child1 son-in-law1 or daughter-in-law1 as determined under applicable common law1 of any individual described in subparagraph 7,a71 7,b71 7,c71 or 7,d74 7#c7 ,decentralized finance service ,the term decentralized finance service means a protocol1 application1 or service that1 through the use of decentralized smart contracts deployed on a public blockchain network1 facilitates digital asset transactions or the exchange of digital assets for other digital assets or fiat currency and may include-- 7,a7 a peer-to-peer digital asset trading platform2 7,b7 a digital asset lending protocol2 7,c7 a digital asset staking or liquidity service2 7,d7 a digital asset mixing service2 7,e7 a cross-chain bridge service provider2 or 7,f7 any other decentralized finance service determined by the ,secretary of the ,treasury4 7#d7 ,decentralized smart contract ,the term decentralized smart contract means a digital contract or collections of computer code on a public blockchain network that are automatically executed if specific conditions are met4 7#e7 ,public blockchain network ,the term public blockchain network means an open source1 decentralized1 permissionless distributed ledger system that records digital asset transactions4 7#f7 ,risk management expert ,the term risk management expert means a person or entity with specialized knowledge or expertise in identifying1 preventing1 and managing illicit finance1 cybersecurity1 or compliance risks associated with decentralized finance services1 and may include-- 7,a7 an identity verification software provider2 7,b7 a fraud detection service2 7,c7 a blockchain analytics firm2 7,d7 a smart contract auditor2 7,e7 a blockchain oracle service2 7,f7 a blockchain cybersecurity service2 and 7,g7 any other relevant risk management experts as determined by the ,secretary of the ,treasury4 7#g7 ,senior executive branch employee ,the term senior executive branch employee means an executive branch employee-- 7,a7 who is employed in a position listed in section #ecab of title #e1 ,united ,states ,code1 or for which the rate of pay is equal to the rate of pay payable for level ,i of the ,executive ,schedule2 7,b7 who is employed in a position-- 7i7 in the ,executive ,office of the ,president2 and 7ii7 listed in section #ecac of title #e1 ,united ,states ,code1 or for which the rate of pay is equal to the rate of pay payable for level ,,ii of the ,executive ,schedule2 7,c7 who is appointed by the ,president pursuant to section #aje7;a77#b77;,a7 of title #c1 ,united ,states ,code2 or 7,d7 who is appointed by the ,vice ,president pursuant to section #ajf7;a77#a77;,a7 of title #c1 ,united ,states ,code4