The U.S. Senate Agriculture Committee has officially delayed its highly anticipated markup of the Clarity Act (H.R. 3633) until late January 2026, stalling a pivotal moment for crypto regulation. However, the delay comes with a silver lining for digital asset investors: a newly discovered provision in the draft bill could grant XRP and Solana regulatory parity with Bitcoin. This "non-ancillary asset" clause targets cryptocurrencies included in registered ETFs by the start of the year, potentially ending years of jurisdictional ambiguity.
Senate Agriculture Committee Postpones Clarity Act Markup
Senate Agriculture Committee Chair John Boozman confirmed on Tuesday that the committee would postpone the markup of the Digital Asset Market Clarity Act, originally scheduled for January 15. The session is now expected to take place in the final week of January 2026. According to sources on Capitol Hill, the delay was requested by Democratic lawmakers who sought additional time to review technical amendments related to decentralized finance (DeFi) oversight and stablecoin yield provisions.
"We are close, but we want to get this right," Chair Boozman stated in a brief press interaction. "Ensuring bipartisan support is critical for the bill's passage through the full Senate. A two-week delay allows us to harmonize language with the Senate Banking Committee and address outstanding concerns regarding CFTC resources."
While the delay has caused a temporary dip in broader market sentiment, analysts argue that the extra time may solidify the bill's most transformative component: the definition of non-ancillary assets.
New Clause: XRP and Solana ETF Regulation Breakthrough
The most significant development emerging from the delay is the leakage of a draft clause that could fundamentally alter the XRP regulatory status in 2026. The provision states that any digital asset serving as an underlying asset for an Exchange-Traded Product (ETP) or ETF registered with the SEC by January 1, 2026, shall be presumed to be a "non-ancillary asset."
This designation is crucial. Under the proposed framework, non-ancillary assets are treated as digital commodities under the exclusive jurisdiction of the Commodity Futures Trading Commission (CFTC), similar to Bitcoin and Ethereum. For assets like XRP and Solana, which have faced scrutiny over their security status, this clause effectively codifies their regulatory clarity.
What Is a 'Non-Ancillary Asset'?
The term "non-ancillary asset" is a legislative mechanism designed to bridge the gap between securities and commodities. By qualifying for this status, a token is legally recognized as sufficiently decentralized or functional enough to bypass the strict disclosures required for securities. For the Solana ETF regulation landscape, this means that existing spot ETFs would cement SOL's status as a commodity, removing the threat of future SEC enforcement actions alleging it is an unregistered security.
Crypto Market Structure Bill: The Road Ahead
The Clarity Act, which passed the House in July 2025, represents the most significant attempt to update the U.S. financial system for the digital age. The current Senate version attempts to align with the Senate Banking Committee's parallel legislation led by Senator Tim Scott. The goal is a unified crypto market structure bill that can reach President Trump's desk before the spring recess.
"The inclusion of the ETF-based 'safe harbor' for assets like XRP is a game-changer," said Eleanor Terrett, a journalist closely following the proceedings. "It creates a clear, objective standard for regulatory clarity that doesn't rely on the subjective Howey Test analysis that has plagued the industry for a decade."
As the U.S. crypto legislation update unfolds, market participants are keeping a close watch on the rescheduled markup date. If the non-ancillary asset clause survives the bipartisan negotiations over the next two weeks, 2026 could mark the year the U.S. finally provides the regulatory certainty global investors have been waiting for.
