S. 3611 — Blockchain Regulatory Certainty Act of 2026

This section exempts non-controlling developers or providers of distributed ledger services—i.e., those lacking unilateral control over user digital asset transactions without third-party approval—from treatment as (1) a money transmitting business under 31 U.S.C. §5330 and related regulations or (2) engaged in money transmitting under 18 U.S.C. §1960, which criminalizes unlicensed operation of such businesses affecting interstate or foreign commerce (with penalties including fines or up to five years' imprisonment). It further exempts such entities, on or after enactment, from substantially similar registration requirements based solely on creating or maintaining distributed ledger software, providing hardware or software for customer custody of digital assets, or offering infrastructure support. Rules of construction specify that the exemptions do not affect other money transmitter classifications based on unrelated conduct, financial institution status, intellectual property laws, consistent state laws, or create new state or local causes of action.