TLDR
The CLARITY Act markup was delayed primarily by unresolved policy disputes and a tight year?end Senate schedule after earlier slippage from a 43?day government shutdown.
- Ongoing disagreements over DeFi oversight and SEC/CFTC jurisdiction stalled negotiations policy divisions.
- Year?end calendar and holiday recess left insufficient committee time schedule constraints.
- A record 43?day government shutdown pushed timelines and created backlog government shutdown.
Deep Dive
1. DeFi and Jurisdiction
Policy divisions over how to regulate DeFi and split authority between the SEC and CFTC were the core blocker. Reports describe Democrats proposing identity verification and stricter AML for DeFi, which met resistance from industry and some Republicans, leaving key definitions bracketed and unresolved policy divisions, and analysis noting bracketed statutory language on security and DeFi perimeter still unsettled draft status.
Expect markup language to focus on where DeFi fits and who regulates what. Final resolution could materially affect exchange obligations and custody standards.
2. Calendar and Recess
The Senate reached the end of its workable calendar, with lawmakers leaving for the holiday recess and limited floor/committee time to complete a complex market?structure markup. Coverage highlights that the Banking Committee ran out of time to advance the bill in December, pushing formal work into early 2026 %%CKPROTECTED0%%.
The delay is procedural as well as political. Even with bipartisan talks, a dense markup requires contiguous committee sessions that were not available at year?end.
3. Shutdown Backlog
Earlier progress was already slowed by a 43?day government shutdown in OctoberNovember, which stalled legislative work and forced rescheduling into late Q4 and now early 2026 government shutdown. Several outlets also note repeated target slippages from summer and October to year?end, then to January 2026 %%CKPROTECTED0%%.
The shutdown compounded the workload and made an already contentious markup harder to fit before year?end, increasing odds that unresolved sections carry into 2026.
Conclusion
The markup slipped because policy gaps (especially DeFi and regulator roles) collided with a crowded year?end calendar after a prolonged shutdown. The next actionable step is a January 2026 committee markup, but passage still depends on resolving those core disputes and securing floor time January markup plan.
