S.Amdt. 2645

SA 2645. Mr. WARNER (for himself and Ms. Sinema) 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, after line 8, insert the following:
(d) Rules 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, without
providing other functions or services, or
(B) selling hardware or software the sole function of which
is to permit persons to control a private key (used for
accessing digital assets on a distributed ledger).
(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.
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