Senators Wyden and Lummis to introduce crypto amendment to Biden's infrastructure bill

Senate Finance Committee Chairman Ron Wyden (OR-D) and Senator Cynthia Lummis (WY-R) have plans to introduce a new bill today that would reverse some of the cryptocurrency provisions in the recently-passed bipartisan infrastructure package.

The Block obtained a copy of the yet-to-be introduced legislation today. Wyden and Lummis' draft says it seeks to "revise the rules of construction applicable to information reporting requirements imposed on brokers with respect to digital assets, and for other purposes." In short, it would exclude individuals developing blockchain technology from having to report information about their users to government agencies. 

The text of the infrastructure bill was hotly-debated among crypto advocates since the bill proposed extensive crypto taxation measures in the hopes of funding portions of the US government's $1 trillion plan. The language of the bill left some worried it viewed blockchain network participants under the "broker" definition, which would subject them to Internal Revenue Service (IRS) reporting requirements. 

Wyden and Lummis' proposed amendment comes as President Joe Biden is slated to sign the infrastructure package into law this afternoon. 

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A rush to pass the package did not allow for a usual voting process on amendments. Now, Wyden and Lummis are introducing a bill that would amend the final bill, targeting the murky broker definition in an effort to protect blockchain network participants. 

Bloomberg first reported the existence of the draft, and Wyden told the outlet that the amendment would protect American innovation while ensuring that those who trade crypto would still pay the taxes they owe. As the bill has yet to be introduced, it remains unclear when it could face further discussion or a vote. 

A copy of the legislation is embedded below:

Lummis Wyden Bill by MichaelPatrickMcSweeney on Scribd

About Author

Aislinn Keely is a reporter on The Block's policy team holding down the legal beat. She covers court decisions, bankruptcies, regulatory actions and other key moments in the legal sphere, putting them in context for the wider crypto industry. Before The Block, she lent her voice to the NPR affiliate WFUV and helmed Fordham University's student newspaper. Send tips or thoughts on all things policy and legal to [email protected] or follow her on Twitter for updates @AislinnKeely.