1. Short title This Act may be cited as the Blockchain Records and Transactions Act of 2018 . 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 following: (b) Exception for blockchain recognition Subsection (a) shall not apply to a State statute, regulation, or other rule of law that modifies, limits, or supersedes the provisions of section 101, unless such statute, regulation, or rule of law gives electronic records, electronic 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 National 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 secured 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