[Congressional Record Volume 167, Number 139 (Wednesday, August 4, 2021)]
[Senate]
[Page S5852]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2498. Mr. WYDEN (for himself, Ms. Lummis, Mr. Toomey, and Mr. 
Cruz) submitted an amendment intended to be proposed to amendment SA 
2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, 
Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. 
Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 3684, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

        On page 2437, strike lines 9 through 21 and insert the 
     following:
       (d) Rule of Construction.--
       (1) Definition of broker.--Nothing in this section or the 
     amendments made by this section shall be construed to create 
     any inference that a person described in section 
     6045(c)(1)(D) of the Internal Revenue Code of 1986, as added 
     by this section, includes any person solely engaged in the 
     business of--
       (A) validating distributed ledger transactions,
       (B) selling hardware or software for which the sole 
     function is to permit a person to control private keys which 
     are used for accessing digital assets on a distributed 
     ledger, or
       (C) developing digital assets or their corresponding 
     protocols for use by other persons, provided that such other 
     persons are not customers of the person developing such 
     assets or protocols.
       (2) Brokers and treatment of digital assets.--Nothing in 
     this section or the amendments made by this section shall be 
     construed to create any inference, for any period prior to 
     the effective date of such amendments, with respect to--
       (A) whether any person is a broker under section 6045(c)(1) 
     of the Internal Revenue Code of 1986, or
       (B) whether any digital asset is property which is a 
     specified security under section 6045(g)(3)(B) of such Code.

     SEC. 80604. SENSE OF CONGRESS.

       It is the sense of Congress that nothing in the amendments 
     made by section 80603 shall be construed to have any effect 
     on the Securities Act of 1933 (15 U.S.C. 77a et seq.) or the 
     Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.).

     SEC. 80605. TERMINATION OF EMPLOYEE RETENTION CREDIT FOR 
                   EMPLOYERS SUBJECT TO CLOSURE DUE TO COVID-19.

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