Wyden Lummis Toomey Crypto Amendment

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GAI21889 9JD S.L.C.

AMENDMENT NO.llll Calendar No.lll


Purpose: To revise the rule of construction with respect to
information reporting for brokers and digital assets, and
for other purposes.

IN THE SENATE OF THE UNITED STATES—117th Cong., 1st Sess.

H. R. 3684

To authorize funds for Federal-aid highways, highway safety


programs, and transit programs, and for other purposes.
Referred to the Committee on llllllllll and
ordered to be printed
Ordered to lie on the table and to be printed
AMENDMENT intended to be proposed by Mr. WYDEN (for
himself and Ms. LUMMIS) to the amendment (No. 2137)
proposed by Ms. SINEMA (for herself and Mr. PORTMAN)
Viz:
1 On page 2437, strike lines 9 through 21 and insert
2 the following:
3 (d) RULE OF CONSTRUCTION.—
4 (1) DEFINITION OF BROKER.—Nothing in this
5 section or the amendments made by this section
6 shall be construed to create any inference that a per-
7 son described in section 6045(c)(1)(D) of the Inter-
8 nal Revenue Code of 1986, as added by this section,
9 includes any person solely engaged in the business
10 of—
GAI21889 9JD S.L.C.

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1 (A) validating distributed ledger trans-
2 actions,
3 (B) selling hardware or software for which
4 the sole function is to permit a person to con-
5 trol private keys which are used for accessing
6 digital assets on a distributed ledger, or
7 (C) developing digital assets or their cor-
8 responding protocols for use by other persons,
9 provided that such other persons are not cus-
10 tomers of the person developing such assets or
11 protocols.
12 (2) BROKERS AND TREATMENT OF DIGITAL AS-

13 SETS.—Nothing in this section or the amendments


14 made by this section shall be construed to create any
15 inference, for any period prior to the effective date
16 of such amendments, with respect to—
17 (A) whether any person is a broker under
18 section 6045(c)(1) of the Internal Revenue
19 Code of 1986, or
20 (B) whether any digital asset is property
21 which is a specified security under section
22 6045(g)(3)(B) of such Code.
23 SEC. 80604. SENSE OF CONGRESS.

24 It is the sense of Congress that nothing in the amend-


25 ments made by section 80603 shall be construed to have
GAI21889 9JD S.L.C.

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1 any effect on the Securities Act of 1933 (15 U.S.C. 77a
2 et seq.) or the Securities Exchange Act of 1934 (15 U.S.C.
3 78a et seq.).
4 SEC. 80605. TERMINATION OF EMPLOYEE RETENTION

5 CREDIT FOR EMPLOYERS SUBJECT TO CLO-

6 SURE DUE TO COVID–19.

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