Eliminate Barriers to Innovation Act of 2021
Bill: H.R.1602 | Sponsor: Rep. McHenry, Patrick T. (R-NC)
Policy area: Finance and Financial Sector

Summary:
Eliminate Barriers to Innovation Act of 2021
This bill requires the Securities and Exchange Commission and the Commodity Futures Trading Commission to jointly establish a working group on digital assets. The working group must (1) report on the impact of the U.S. legal and regulatory framework on the digital asset market; and (2) provide recommendations regarding digital asset market fairness and integrity, cybersecurity standards, and the reduction of fraud and manipulation.

To direct the Commodity Futures Trading Commission and the Securities 
 and Exchange Commission to jointly establish a digital asset working 
                     group, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Eliminate Barriers to Innovation Act 
of 2021''.

SEC. 2. WORKING GROUP TO SUPPORT INNOVATION WITH RESPECT TO DIGITAL 
              ASSETS.

    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this section, the Securities and Exchange Commission and 
the Commodity Futures Trading Commission shall jointly establish a 
working group (to be known as the ``SEC and CFTC Working Group on 
Digital Assets'') to carry out the report required under subsection 
(c)(1).
    (b) Membership.--
            (1) In general.--The Working Group shall be composed of 
        members appointed in accordance with paragraph (2).
            (2) Appointment of members.--
                    (A) Representatives of commissions.--The Securities 
                and Exchange Commission and the Commodity Futures 
                Trading Commission shall each appoint an equal number 
                of employees of each such Commission to serve as 
                members of the Working Group.
                    (B) Representatives of nongovernmental 
                stakeholders.--
                            (i) Appointment.--The Securities and 
                        Exchange Commission and the Commodity Futures 
                        Trading Commission shall each appoint an equal 
                        number of nongovernmental representatives to 
                        serve as members of the Working Group, except 
                        that such number of members may not be greater 
                        than or equal to the number of members 
                        appointed under subparagraph (A).
                            (ii) Required members.--The members of the 
                        Working Group appointed under clause (i) shall 
                        include at least one representative from each 
                        of the following:
                                    (I) Financial technology companies 
                                that provide products or services 
                                involving digital assets.
                                    (II) Financial firms under the 
                                jurisdiction of the Securities and 
                                Exchange Commission or the Commodity 
                                Futures Trading Commission.
                                    (III) Institutions or organizations 
                                engaged in academic research or 
                                advocacy relating to digital asset use.
                                    (IV) Small businesses engaged in 
                                financial technology.
                                    (V) Investor protection 
                                organizations.
                                    (VI) Institutions and organizations 
                                that support investment in 
                                historically-underserved businesses.
                    (C) No compensation for members of the working 
                group.--
                            (i) Federal employee members.--All members 
                        of the Working Group appointed under 
                        subparagraph (A) shall serve without 
                        compensation in addition to that received for 
                        their services as officers or employees of the 
                        United States.
                            (ii) Non-federal members.--All members of 
                        the Working Group appointed under subparagraph 
                        (B) shall serve without compensation.
    (c) Report.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this section, the Working Group shall submit 
        to the Securities and Exchange Commission, the Commodity 
        Futures Trading Commission, and the relevant committees a 
        report that contains--
                    (A) an analysis of--
                            (i) the legal and regulatory framework and 
                        related developments in the United States 
                        relating to digital assets, including--
                                    (I) the impact that lack of clarity 
                                in such framework has on primary and 
                                secondary markets in digital assets; 
                                and
                                    (II) how the domestic legal and 
                                regulatory regimes relating to digital 
                                assets impact the competitive position 
                                of the United States; and
                            (ii) developments in other countries 
                        related to digital assets and identification of 
                        how these developments impact the competitive 
                        position of the United States; and
                    (B) recommendations--
                            (i) for the creation, maintenance, and 
                        improvement of primary and secondary markets in 
                        digital assets, including for improving the 
                        fairness, orderliness, integrity, efficiency, 
                        transparency, availability, and efficacy of 
                        such markets;
                            (ii) for standards concerning custody, 
                        private key management, cybersecurity, and 
                        business continuity relating to digital asset 
                        intermediaries; and
                            (iii) for best practices to--
                                    (I) reduce fraud and manipulation 
                                of digital assets in cash, leveraged, 
                                and derivatives markets;
                                    (II) improve investor protections 
                                for participants in such markets; and
                                    (III) assist in compliance with 
                                anti-money laundering and countering 
                                the financing of terrorism obligations 
                                under the Bank Secrecy Act.
            (2) Report limited to sec and cftc authorities.--The 
        analysis and recommendations provided under subparagraphs (A) 
        and (B) of paragraph (1) may only relate to the laws, 
        regulations, and related matters that are under the primary 
        jurisdiction of the Securities and Exchange Commission or the 
        Commodity Futures Trading Commission.
    (d) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Working Group.
    (e) Termination.--
            (1) In general.--The Working Group shall terminate on the 
        date that is 1 year after the date of the enactment of this 
        section, except that the Chairman of the Securities and 
        Exchange Commission and the Chairman of the Commodity Futures 
        Trading Commission may, jointly, extend the Working Group for a 
        longer period, not to exceed 1 year.
            (2) Second report in the case of extension.--In the case of 
        an extension of the Working Group under paragraph (1), the 
        Working Group shall, not later than the last day of such 
        extension, submit to the Securities and Exchange Commission, 
        the Commodity Futures Trading Commission, and the relevant 
        committees a report that contains an update to the analysis and 
        recommendations required under subparagraphs (A) and (B) of 
        subsection (c)(1).
    (f) Definitions.--In this section:
            (1) Bank secrecy act.--The term ``Bank Secrecy Act'' 
        means--
                    (A) section 21 of the Federal Deposit Insurance Act 
                (12 U.S.C. 1829b);
                    (B) chapter 2 of title I of Public Law 91-508 (12 
                U.S.C. 1951 et seq.); and
                    (C) subchapter II of chapter 53 of title 31, United 
                States Code.
            (2) Historically-underserved businesses.--The term 
        ``historically-underserved businesses'' means women-owned 
        businesses, minority-owned businesses, and rural businesses.
            (3) Relevant committees.--The term ``relevant committees'' 
        means--
                    (A) the Committee on Financial Services of the 
                House of Representatives;
                    (B) the Committee on Banking, Housing, and Urban 
                Affairs of the Senate;
                    (C) the Committee on Agriculture of the House of 
                Representatives; and
                    (D) the Committee on Agriculture, Nutrition, and 
                Forestry of the Senate.
            (4) Working group.--The term ``Working Group'' means the 
        working group established under subsection (a).

            Passed the House of Representatives April 20, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.