[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1747 Reported in House (RH)]
<DOC>
Union Calendar No. 403
118th CONGRESS
2d Session
H. R. 1747
[Report No. 118-486]
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
March 23, 2023
Mr. Emmer (for himself and Mr. Soto) introduced the following bill;
which was referred to the Committee on Financial Services
May 6, 2024
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
23, 2023]
_______________________________________________________________________
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), a 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 assets 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) Intellectual property law.--Nothing in this section
shall be construed to limit or expand any law pertaining to
intellectual property.
(2) 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 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.
(2) 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 ``blockchain network'' includes,
specifically, a public network of computers that cooperates to
reach consensus over the state of a distributed ledger
describing transactions in a digital asset.
(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
assets 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 assets.
(5) Digital asset.--The term ``digital asset'' means any
form of intangible personal property that can be exclusively
possessed and transferred person to person without necessary
reliance on an intermediary.
Union Calendar No. 403
118th CONGRESS
2d Session
H. R. 1747
[Report No. 118-486]
_______________________________________________________________________
A BILL
To provide a safe harbor from licensing and registration for certain
non-controlling blockchain developers and providers of blockchain
services.
_______________________________________________________________________
May 6, 2024
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed