I suppose that after a suitable period of posturing the US will have to accept one of two things. Safe harbour is dead or they will have to create a new framework in which it is actually acceptable.
The latter alternative requires them to change their own behaviour. It's the main point at issue and there's not getting round it. No amount of model clauses or other guff is worth any more than the original agreement unless the US accepts its culpability here & deals with it.