Law Enforcement Groups Push for CLARITY Act Amendments as Senate Vote Deadline Approaches: Report
Modifications put forward by associations representing prosecutors across the United States would alter the Blockchain Regulatory Certainty Act contained in a significant cryptocurrency legislation package to incorporate developer-focused provisions.
Associations representing law enforcement professionals across the United States have purportedly submitted proposed modifications to an extensive cryptocurrency market structure legislation currently being reviewed in the Senate, with merely a handful of days remaining before the legislative body adjourns for a month-long break.
As reported by Politico on Tuesday, both the National Association of Assistant US Attorneys and the National District Attorneys Association delivered correspondence to the White House requesting modifications to developer-related provisions within the Digital Asset Market Clarity (CLARITY) Act. The proposed amendments to the Blockchain Regulatory Certainty Act (BRCA) component of the CLARITY Act specified that developer guidelines should not "create, expand, or modify criminal liability under Federal law."
Responding to media coverage of the proposed modifications, White House crypto adviser Patrick Witt stated that these provisions were "not even close" to aligning with the Trump administration's stance, and suggested they were not the product of "productive negotiations." Reports indicate that Senator Catherine Cortez Masto has been advocating for the White House to resolve BRCA-related concerns prior to any scheduled vote.
These proposed provisions emerge as the CLARITY Act encounters resistance from numerous Democratic lawmakers concerning ethics provisions within the legislation related to US President Donald Trump's cryptocurrency holdings, which generated $1.4 billion in profits during 2025. As of Wednesday's developments, Senate Majority Leader John Thune had yet to schedule a floor vote on the proposed legislation ahead of the chamber's departure for state work periods.
The US Senate has state work periods planned from Aug. 7 through Sept. 14, creating a narrow timeframe for legislators to advance crypto market structure legislation prior to the recess and potential challenges stemming from the 2026 midterm elections scheduled for November. Speaking with reporters the previous week, Thune indicated that a Senate vote on the bill before the August recess was improbable.
Even if CLARITY were brought up today, the procedural steps — cloture → amendment process → second cloture → up to 30 hours of debate — make finishing before recess extremely difficult without [unanimous consent] agreement to waive process, which is rare on contested bills.
Anne Kelley, partner at consulting firm Mercury Strategies
CLARITY could shift crypto authority to US commodities regulator
Among the primary elements of this crypto market structure legislation would be transferring regulatory oversight of digital assets predominantly from the US Securities and Exchange Commission (SEC) to the Commodity Futures Trading Commission (CFTC), an agency that presently possesses fewer enforcement mechanisms and resources for managing oversight and enforcement matters. Additionally, both regulatory agencies are currently experiencing leadership staffing shortages, with just one CFTC chair and three SEC commissioners currently in position.