[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 528 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 528
To provide a safe harbor from licensing and registration for certain
non-controlling blockchain developers and providers of blockchain
services.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 14, 2019
Mr. Emmer (for himself and Mr. Soto) introduced the following bill;
which was referred to the Committee on Financial Services, and in
addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide a safe harbor from licensing and registration for certain
non-controlling blockchain developers and providers of blockchain
services.
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 ``Blockchain Regulatory Certainty
Act''.
SEC. 2. SAFE HARBOR FOR NON-CONTROLLING BLOCKCHAIN DEVELOPERS AND
PROVIDERS OF BLOCKCHAIN SERVICES.
(a) Protection for Non-Controlling Blockchain Services and Software
Developers.--No blockchain developer or provider of a blockchain
service shall be treated as a money transmitter (as defined under State
licensing laws, section 1960 of title 18, United States Code, and
section 1010.100 of title 31, Code of Federal Regulations), money
services business (as defined under section 1010.100 of title 31, Code
of Federal Regulation), financial institution (as defined under section
5312 of title 31, United States Code), or any other State or Federal
legal designation requiring licensing or registration as a condition to
acting as a blockchain developer or provider of a blockchain service,
unless the developer or provider has, in the regular course of
business, control over digital currency to which a user is entitled
under the blockchain service or the software created, maintained, or
disseminated by the blockchain developer.
(b) Effect on Other Laws.--
(1) Criminal law.--Nothing in this section shall be
construed to impair the enforcement of any Federal criminal
statute that is consistent with this section.
(2) Intellectual property law.--Nothing in this section
shall be construed to limit or expand any law pertaining to
intellectual property.
(3) State law.--Nothing in this section shall be construed
to prevent any State from enforcing any State law that is
consistent with this section. No cause of action may be brought
and no liability may be imposed under any State or local law
that is inconsistent with this section.
(c) Definitions.--As used in this section:
(1) Blockchain network.--The term ``blockchain network''
means any system of networked computers that cooperates to
reach consensus over the state of a computer program and allows
users to participate in the consensus-making process without
the need to license proprietary software or obtain permission
from any other user. The term includes, specifically, a public
network of computers that cooperates to reach consensus over
the state of a distributed ledger describing transactions in a
digital currency.
(2) Blockchain developer.--The term ``blockchain
developer'' means any person or business that creates,
maintains, or disseminates software facilitating the creation
or maintenance of a blockchain network or a blockchain service.
(3) Blockchain service.--The term ``blockchain service''
means any information, transaction, or computing service or
system that provides or enables access to a blockchain network
by multiple users, including specifically a service or system
that enables users to send, receive, exchange, or store digital
currencies described by blockchain networks.
(4) Control.--The term ``control'' means the legal right,
authority, or ability to obtain upon demand data sufficient to
initiate transactions spending an amount of digital currency.
(5) Digital currency.--The term ``digital currency'' means
a medium of exchange, a unit of account, or a store of value
that is represented by entries in a distributed ledger
generated by a blockchain network.
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