Tom Emmer brushes off law enforcement concerns over Clarity Act

Policy Share Share this article Copy link X icon X (Twitter) LinkedIn Facebook Email Tom Emmer brushes off law enforcement concerns over Clarity Act House Majority Whip Tom Emmer said concerns from law enforcement groups about crypto developer protections are being overstated. By AI Boost | Edited by Jennifer Sanasie May 22, 2026, 4:30 p.m. 2 min read Make preferred on Latest developments: Emmer joined CoinDesk's The Policy Protocol and said the Senate’s bipartisan movement on the Clarity Act shows crypto legislation still has momentum despite growing uncertainty in Washington. Emmer pointed to the Senate Banking Committee’s 15-9 vote advancing the bill, arguing support extended beyond Republicans. He said the House has spent years refining crypto market structure legislation and described CLARITY as the fifth or sixth iteration of the effort. Emmer said lawmakers are trying to create clear distinctions between digital assets regulated as securities, commodities or cash equivalents. He predicted Congress would ultimately send the legislation to President Trump’s desk. The debate: Emmer forcefully defended the Blockchain Regulatory Certainty Act (BRCA), which would shield some noncustodial software developers from money transmitter rules. Law enforcement groups have raised concerns that the provision could weaken oversight or hamper investigations involving decentralized finance tools. Emmer called those objections a “red herring” aimed at slowing the broader Clarity Act. He argued developers who do not custody customer funds should not be treated as money transmitters. Emmer said inconsistent state-by-state treatment of blockchain software developers is creating legal uncertainty for innovators. What this means: Emmer argued the U.S. needs clearer crypto rules to remain competitive globally. He said companies want to innovate in the U.S. but need to understand “the rules of the road.” Emmer criticized former SEC Chair Gary Gensler’s enforcement approach under the Biden administration. He said the Clarity Act is designed to establish clearer distinctions between assets regulated by the SEC and the CFTC. Emmer argued the legislation would encourage more companies to operate inside the U.S. regulatory framework. Reading between the lines: Emmer sought to frame crypto policy as a bipartisan issue rather than a partisan fight. He said “Republicans and Democrats agree on this stuff” despite ongoing Senate negotiations. Emmer argued some senators are using negotiations around the bill to gain leverage on unrelated issues. He said the crypto industry supports candidates based on policy positions rather than party affiliation. Emmer described crypto and digital assets as part of the future of “21st century finance.” Worth watching: Emmer said Congress is still debating how much authority regulators like the SEC and CFTC should have over crypto markets. Renato Mariotti raised questions about whether the CFTC would need additional funding or staffing under a new regulatory framework. Emmer said he favors “light touch regulation” and less authority for federal agencies. He said Congress should focus on consumer protections and preventing fraud. Emmer argued digital assets can provide more transparency than cash-based transactions. AI Disclaimer: Parts of this article were generated with the assistance from AI tools and reviewed by our editorial team to ensure accuracy and adherence to our standards . For more information, see CoinDesk's full AI Policy . More For You Congress hits Polymarket and Kalshi with a massive insider trading probe By Olivier Acuna | Edited by Jamie Crawley 1 hour ago Rep. 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