; and (2) by adding at the end the following: (B) Such term does not include a digital token. . (c) Definition of bank Section 2(a)(5) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(a)(5) ) is amended by striking receiving deposits or exercising fiduciary powers and inserting receiving deposits, providing custodial services, or exercising fiduciary powers . 6. Rule of Construction with respect to CFTC and FTC Nothing in this Act or the amendments made by this Act shall be construed to limit the application of the Commodity Exchange Act or the Federal Trade Commission Act. 7. Satisfactory control location requirement Not later than 90 days after the date of the enactment of this Act, the Commission shall amend section 240.15c3–3 of title 17, Code of Federal Regulations, to provide that the requirement for a satisfactory control location for any digital unit (as defined under section 2(a) of the Securities Act of 1933) that is a security is fulfilled by protecting the digital unit using public key cryptography and by following commercially reasonable cybersecurity practices to maintain the privacy and accessibility of sufficient private key material to solely be able to sign on behalf of such digital unit. 8. Individual retirement account investments in certain virtual currencies not treated as distributions (a) In general Section 408(m) of the Internal Revenue Code of 1986 is amended— (1) in paragraph (3)— (A) in the heading of the paragraph, by striking and bullion and inserting , bullion, and virtual currencies ; (B) in subparagraph (A)(iv), by striking or ; (C) in subparagraph (B), by inserting or after futures contract, ; (D) by inserting after subparagraph (B) the following: (C) virtual currency. ; and (E) by striking if such bullion and inserting This paragraph shall only apply to bullion which