"Becoming one of the first countries to establish a strategic Bitcoin reserve has strategic advantages."
Source: White House
Compiled by: Golden Finance
By the authority vested in me as President by the Constitution and the laws of the United States, I hereby order:
Section 1 Background
Bitcoin is the first cryptocurrency. The Bitcoin protocol permanently limits the total supply of BTC to 21 million and has never been hacked. Due to its scarcity and security, Bitcoin is often referred to as "digital gold." Because the supply of BTC is fixed, becoming one of the first countries to create a strategic Bitcoin reserve has strategic advantages. The U.S. government currently holds a significant amount of BTC but has not yet implemented policies to maximize BTC's strategic position as a unique store of value in the global financial system. Just as our nation needs to thoughtfully manage ownership and control of any other resource, we must harness rather than restrict the power of digital assets to achieve our prosperity.
Section 2 Policy
Establishing a Strategic Bitcoin Reserve is the policy of the United States. The policy also includes the establishment of a United States Digital Asset Stockpile as a secure account for the orderly and strategic management of other digital asset holdings of the United States.
Section 3 Creation and Management of the Strategic Bitcoin Reserve and the United States Digital Asset Stockpile
(a) The Secretary of the Treasury shall establish an office to manage and control a custodial account collectively referred to as the "Strategic Bitcoin Reserve," which shall consist of all BTC held by the Treasury that has been seized as part of criminal or civil asset forfeiture proceedings or seized to satisfy any civil penalties imposed by any department or agency, and shall not be subject to the requirements of 31 USC 9705 or released under subsection (d) of this section (government BTC). Within 30 days of the issuance of this order, agencies shall review their authority to transfer any government Bitcoin they hold to the Strategic Bitcoin Reserve and submit a report to the Secretary of the Treasury reflecting the results of the review. Government Bitcoin deposited into the Strategic Bitcoin Reserve shall not be sold and shall be retained as a reserve asset of the United States for the purpose of achieving government objectives in accordance with applicable law.
(b) The Secretary of the Treasury shall establish an office to manage and control custodial accounts collectively referred to as the "United States Digital Asset Stockpile," which shall consist of all digital assets (excluding BTC) owned by the Treasury that have been seized as part of criminal or civil asset forfeiture proceedings and shall not be subject to the requirements of 31 USC 9705 or released under this section (stockpile assets). Within 30 days of the issuance of this order, agencies shall review their authority to transfer any stockpile assets they hold to the United States Digital Asset Stockpile and submit a report to the Secretary of the Treasury reflecting the results of the review. The Secretary of the Treasury shall determine strategies for the responsible management of the United States Digital Asset Stockpile in accordance with applicable law.
(c) The Secretary of the Treasury and the Secretary of Commerce shall develop strategies for acquiring more government BTC, provided that such strategies do not impact the budget and do not impose incremental costs on U.S. taxpayers. However, the U.S. government shall not acquire additional digital asset stockpile (United States Digital Asset Stockpile) unless related to criminal or civil asset forfeiture proceedings or to satisfy any civil penalties imposed by any agency without further administrative or legislative action.
(d) "Government Digital Assets" refers to all government BTC and all stockpile assets. Heads of agencies shall not sell or otherwise dispose of any government digital assets unless the Secretary of the Treasury exercises their lawful authority to responsibly manage the United States Digital Asset Stockpile under subsection (b) of this section, or as required by law, pursuant to an order of a court of competent jurisdiction, or as determined by the Attorney General or other relevant agency head that government digital assets (or proceeds from their sale or disposition) can and should:
(i) be returned to identifiable and verifiable crime victims;
(ii) be used for law enforcement actions;
(iii) be fairly shared with state and local law enforcement partners; or
(iv) be released to satisfy the requirements of 31 USC 9705, 28 USC 524(c), 18 USC 981, or 21 USC 881.
(e) Within 60 days of the issuance of this order, the Secretary of the Treasury shall assess the legal and investment considerations for establishing and managing the Strategic Bitcoin Reserve and the United States Digital Asset Stockpile, including the accounts that should be established for the Strategic Bitcoin Reserve and the United States Digital Asset Stockpile, and the necessity for legislation to implement any aspect of this order or to provide for the appropriate management and administration of such accounts.
Section 4 Accounting
Within 30 days of the issuance of this order, heads of agencies shall provide a complete accounting of all government digital assets held by the agency to the Secretary of the Treasury and the President's Digital Asset Market Working Group, including any information regarding custodial accounts currently holding such government digital assets that is necessary to facilitate the transfer of government digital assets to the Strategic Bitcoin Reserve or the United States Digital Asset Stockpile. If the agency does not hold government digital assets, it shall confirm this fact to the Secretary of the Treasury and the President's Digital Asset Market Working Group within 30 days of the issuance of this order.
Section 5 General Provisions
(a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to any department or agency or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and shall not, create any right or benefit, substantive or procedural, enforceable by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
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