Tom Emmer defends Clarity Act protections

House Majority Whip Tom Emmer said on May 22 that concerns from law-enforcement groups about crypto developer protections in the CLARITY Act were overblown, according to CoinDesk. Emmer defended the bill’s inclusion of the Blockchain Regulatory Certainty Act, or BRCA, which would shield some non-custodial software developers from money-transmitter rules. (coindesk.com) The dispute matters because the CLARITY Act is the main crypto market-structure bill now moving through Congress. (congress.gov) Congress.gov identifies H.R. 3633 as the Digital Asset Market Clarity Act of 2025, sponsored by Representative French Hill and passed by the House on July 17, 2025, by a 294-134 vote before being received in the Senate on September 18, 2025. ### What exactly did Emmer defend on May 22? Tom Emmer argued that the developer-protection fight was being used to slow the broader bill, according to CoinDesk’s May 22 report. The provision he defended is the BRCA language covering developers and service providers that do not control customer funds. (coindesk.com) CoinDesk reported that Emmer said the CLARITY framework still leaves room for enforcement while protecting software builders. The article described his comments as a response to objections from law-enforcement groups focused on illicit-finance risk. (congress.gov) ### What do the developer protections actually say? Congress.gov’s bill text says a “non-controlling blockchain developer or provider of a blockchain service” should not be treated as a money transmitter or as engaged in money transmitting. The protection applies unless the developer or provider has control over digital assets to which a user is entitled. (coindesk.com) An earlier standalone BRCA text used nearly the same formulation, saying developers that do not control consumer funds should not be treated as money transmitters, financial institutions, or otherwise forced into licensing regimes just for publishing or maintaining blockchain software. (coindesk.com) ### Where does that fit inside the CLARITY Act? The Congressional Research Service said in a July 7, 2025 overview that the CLARITY Act would give the Commodity Futures Trading Commission a central role in regulating digital commodities while preserving parts of Securities and Exchange Commission authority over primary-market crypto transactions. (congress.gov) CRS said the bill also creates a limited exemption from SEC registration requirements for certain fundraising tied to digital commodities. The same CRS summary said the bill defines a “digital commodity” and sets conditions around whether a blockchain is considered “mature.” Those definitions are part of the broader market-structure framework that supporters say is meant to divide oversight between the CFTC and SEC more clearly. (congress.gov) ### Why are law-enforcement groups objecting? CoinDesk reported in January that senators leading the Banking Committee’s Democratic side argued developer protections did not belong in market-structure legislation because they could weaken federal money-transmitter rules. That objection centered on whether non-custodial status should exempt software actors from registration obligations. (congress.gov) CoinDesk also reported on May 13 that one proposed amendment would have removed the BRCA section entirely. That report described the BRCA language as shielding software developers that do not control people’s money from being regulated as money transmitters. (congress.gov) ### Where does the bill go next? The Senate Banking Committee advanced its version of the CLARITY Act on May 14, 2026, by a 15-9 vote, according to CoinDesk. The House-passed bill remains referred to the Senate Banking Committee on Congress.gov, so the next concrete step is further Senate action on market-structure legislation. (coindesk.com 1) (coindesk.com 2) (coindesk.com 3)