Tom Emmer revives Blockchain Regulatory Certainty Act that protects non-custodial developers

Minnesota Representative Tom Emmer has reintroduced the Blockchain Regulatory Certainty Act in Congress, with renewed bipartisan backing and industry support.

The Blockchain Regulatory Certainty Act seeks to clarify that developers and service providers who do not custody consumer funds, such as miners, validators, and wallet providers, should not be classified as money transmitters.

By doing so, the bill aims to prevent these actors from facing licensing obligations under state or federal money services laws.

Emmer, who co-chairs the Congressional Crypto Caucus alongside Democratic Representative Ritchie Torres, said in a May 21 notice that the measure provides “commonsense clarification” to protect innovation from being pushed overseas. 

He stressed that without legal certainty, the U.S. risks losing developers to crypto-friendly jurisdictions.

Torres also echoed this view, describing the updated version of the bill as a “smarter, sharper framework” shaped by past feedback, offering clear rules without compromising oversight.

“If we want to keep the next generation of builders in the United States, this kind of legal clarity is essential. We cannot afford to let outdated or misapplied regulations drive American talent and technology overseas,” he added.

Representative Emmer first unveiled the bill in 2018 to provide clarity around how non-custodial blockchain developers are treated under money transmission laws. Since then, it has seen multiple reintroductions .

The most recent version prior to this came in 2023 as H.R. 1747 , but similar language was voted down in committee markup. Emmer and Torres say they’ve taken that feedback seriously and returned with a revised framework designed to address earlier concerns while still defending core innovation principles.

Several industry advocacy groups have rallied behind the bill, including Coin Center, the Blockchain Association, the DeFi Education Fund, the Digital Chamber, and the Crypto Council for Innovation.

According to Cody Carbone of The Digital Chamber, the bipartisan bill would “finally give [developers] the freedom to build in the United States.” 

The bill’s reintroduction comes amid rising political tension over digital assets, with several Democratic lawmakers growing increasingly resistant to crypto legislation, especially with scrutiny mounting over President Donald Trump’s ties to the industry.

For the legislation to pass, it will need to secure majority support in both chambers of Congress, but it remains unclear whether Emmer and Torres have the necessary votes. 

While the bill has gained backing from key industry groups and bipartisan sponsors, broader congressional support has yet to fully materialize.