I 
115TH CONGRESS 
2D SESSION 
H. R. 7002 
To amend the Electronic Signatures in Global and National Commerce Act 
to clarify the applicability of such Act to electronic records, electronic 
signatures, and smart contracts created, stored, or secured on or through 
a blockchain, to provide uniform national standards regarding the legal 
effect, validity, and enforceability of such records, signatures, and con-
tracts, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2018 
Mr. SCHWEIKERT introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend the Electronic Signatures in Global and National 
Commerce Act to clarify the applicability of such Act 
to electronic records, electronic signatures, and smart 
contracts created, stored, or secured on or through a 
blockchain, to provide uniform national standards regard-
ing the legal effect, validity, and enforceability of such 
records, signatures, and contracts, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Blockchain Records 
and Transactions Act of 2018’’. 
SEC. 2. AMENDMENTS TO ELECTRONIC SIGNATURES IN 
GLOBAL AND NATIONAL COMMERCE ACT. 
(a) EXCEPTION TO EXEMPTION FROM PREEMPTION 
FOR BLOCKCHAIN RECOGNITION.—Section 102 of the 
Electronic Signatures in Global and National Commerce 
Act (15 U.S.C. 7002) is amended— 
(1) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) EXCEPTION FOR BLOCKCHAIN RECOGNITION.— 
Subsection (a) shall not apply to a State statute, regula-
tion, or other rule of law that modifies, limits, or super-
sedes the provisions of section 101, unless such statute, 
regulation, or rule of law gives electronic records, elec-
tronic signatures, and smart contracts created, stored, or 
secured on or through a blockchain legal effect, validity, 
and enforceability, whether express or implied, that is 
equivalent to the legal effect, validity, and enforceability 
granted by this title and title II.’’. 
(b) DEFINITIONS.— 
(1) ELECTRONIC.—Paragraph (2) of section 
106 of the Electronic Signatures in Global and Na-
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tional Commerce Act (15 U.S.C. 7006) is amended 
by inserting ‘‘, including a blockchain’’ before the 
period at the end. 
(2) ELECTRONIC
AGENT.—Paragraph (3) of 
such section is amended by adding at the end the 
following: ‘‘Such term includes a smart contract.’’. 
(3) ELECTRONIC RECORD.—Paragraph (4) of 
such section is amended by adding at the end the 
following: ‘‘Such term includes a blockchain and a 
smart contract or other record created, stored, or se-
cured on or through a blockchain.’’. 
(4) ELECTRONIC
SIGNATURE.—Paragraph (5) 
of such section is amended by adding at the end the 
following: ‘‘Such term includes a signature created, 
stored, or secured on or through a blockchain.’’. 
(5) BLOCKCHAIN; 
SMART
CONTRACT.—Such 
section is further amended— 
(A) by redesignating paragraphs (12) and 
(13) as paragraphs (14) and (15), respectively; 
(B) 
by 
redesignating 
paragraphs 
(1) 
through (11) as paragraphs (2) through (12), 
respectively; 
(C) by inserting before paragraph (2) (as 
so redesignated) the following: 
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