Senate Republicans are seeking Democratic support for the Clarity Act as lawmakers consider starting a floor process before the August recess.
Clarity Act faces a 60-vote Senate test
Crypto industry groups hope Thune will begin the floor process by filing cloture on a motion to proceed, according to a Crypto in America report.
A cloture filing would typically set up a vote two Senate session days later. At least 60 senators would need to support the motion before the chamber could begin debating whether to take up the bill.
If the Senate invokes cloture, lawmakers could spend as many as 30 hours debating the motion before voting on whether to proceed to the legislation itself. That process would not guarantee the Clarity Act’s passage but would move the bill closer to a full floor debate.
Republicans hold 53 Senate seats, leaving them dependent on Democratic votes even if nearly every GOP senator supports the measure. Senator Mitch McConnell is also expected to remain absent, while Republican Senators Josh Hawley and Rand Paul have not confirmed their positions.
Both senators voted against the GENIUS Act in 2025, adding uncertainty to the Republican vote count.
Democratic concerns threaten the floor push
Seven Democratic senators said the updated Clarity Act text released last week “fell short” of their expectations. Their concerns include political ethics, consumer protection, illicit finance, market integrity and the regulation of decentralized finance.
Senator Thom Tillis has been leading bipartisan negotiations over stronger ethics rules. The North Carolina Republican has called for provisions that go beyond the proposal agreed to by the White House and other GOP lawmakers.
The White House-backed language would restrict senior elected officials from issuing or sponsoring certain digital assets. However, some Democrats have questioned whether relying on the Department of Justice to enforce the restrictions would provide sufficient oversight.
Senators Catherine Cortez Masto and Mark Warner have also tied their potential support to stronger safeguards against crypto-related financial crime.
Without an agreement, Republicans are unlikely to secure the 60 votes required to move forward. The narrow GOP margin also means that any Republican defections would increase the number of Democratic votes needed.
Police endorsement removes one DeFi obstacle
The National Fraternal Order of Police endorsed the revised Clarity Act on Friday after lawmakers addressed its concerns about the Blockchain Regulatory Certainty Act.
The BRCA provisions would protect certain non-custodial software developers from having to register as money transmitters. Law enforcement groups had previously warned that broad protections could make it harder to prosecute crimes involving digital assets.
The police union now believes the revised language preserves investigators’ authority while providing legal protection for developers who do not control customer assets. Its endorsement could help ease concerns among Democrats focused on illicit finance and enforcement.
However, the support does not resolve broader disagreements over when a DeFi service should qualify as decentralized and when people controlling a protocol should face financial regulations.
SEC Commissioner Hester Peirce separately warned that moving a financial product onchain does not automatically place it outside federal securities law. She said actively managed crypto vaults could resemble investment funds when third parties decide how users’ assets are allocated.
“When you have a third party involved in deciding how different assets are being allocated and invested, that’s really a situation where you have to start asking: Do the securities laws apply?”
August recess leaves little time for a deal
Senators are scheduled to leave Washington on August 7, giving negotiators a limited window to settle the remaining disputes and start the floor process.
Thune said last week that he did not expect the Clarity Act to pass before the break. However, Senate leaders have reportedly discussed keeping lawmakers in Washington during the first few days of the recess if enough votes can be secured.
The bill would establish a federal market structure for digital assets and clarify the roles of the Securities and Exchange Commission and Commodity Futures Trading Commission. Failure to reach a bipartisan agreement before the recess could push further action into a more difficult election-year calendar.
US Crypto Regulations — Read the full US Regulation Hub for the latest on SEC enforcement, IRS crypto tax rules, and pending legislation.
