Crypto's Last Hope for Clarity Act Survival Amid Tight Senate Schedule
The prospects for the crypto Clarity Act appear bleak for April, but a U.S. Senate committee hearing potentially scheduled for May could revive the crucial market structure legislation, provided it reaches a final Senate vote by July, according to insights from lobbyists and a lawmaker aide. The legislative calendar is rapidly filling up, yet a Senate aide indicates that a brief delay to allow Senator Thom Tillis to conclude discussions with bankers over stablecoin-yield concerns may not necessarily push the effort beyond the point of no return. Earlier negotiations regarding decentralized finance (DeFi) protections have been largely settled, leaving few obstacles in the way of committee approval. A significant challenge the crypto industry faces, aside from banking sector objections to stablecoin rewards, is the multi-step process required for the bill to clear the Senate Banking Committee. The Senate will soon recess in August and enter election mode until the November congressional midterms, with about a dozen weeks of work scheduled beforehand, including pressing matters such as the Department of Homeland Security funding battle and nominations like President Trump's pick for the Federal Reserve, Kevin Warsh. If the bill secures signoff from the Senate Banking Committee, it must be merged with the version passed by the Senate Agriculture Committee, a process that current delays are encroaching upon. The final legislation is likely to undergo further revisions as lawmakers reach a compromise on an ethics piece limiting senior government officials' ability to profit from crypto interests. The language for this is currently being circulated, but it won't be included in the banking panel's version and will be added later. Overcoming disputes and securing enough Democratic support is crucial for the bill's passage. Following that, the House must approve it again, given its significant difference from the version advanced last year, although this is expected to be a quick process if further disagreements are avoided. The final step, Trump's signature, is anticipated to be the easiest, despite his statement in March that he wouldn't sign any bill until legislation demanding voter citizenship proof is approved. The Digital Asset Market Clarity Act, if passed, would become the second major crypto bill to become law, joining the Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act. However, an unresolved stablecoin issue from the GENIUS Act has delayed the Clarity Act's progress since the start of the year, with bank lobbyists expressing concerns that stablecoin rewards programs could jeopardize banks' business models. The debate has involved White House interventions and strong rhetoric from crypto insiders, with Coinbase at the forefront, pushing for the allowance of certain rewards that don't resemble interest on core bank deposits. Key Senate negotiators have indicated an 'agreement in principle' to move forward with a compromise, with the White House supporting the crypto position on allowing some rewards. Insiders suggest the compromise may involve banning yield payment on products that resemble insurance on deposits while permitting firms like Coinbase to structure rewards akin to credit-card incentives. However, lawmakers have been cautious about releasing text that could spark further negotiation drama. Crypto industry representatives are urging immediate action, with the CEO of the Digital Chamber stating that a markup must happen to move the effort forward. Every passing day without progress reduces the odds of the Clarity Act's success, with crypto investment firm Galaxy estimating the odds of it being signed into law in 2026 as roughly 50-50, potentially lower due to the numerous unresolved questions under severe time pressure. A single further dispute among negotiators could result in a fatal delay, although the period after the November elections might offer a final, low-odds opportunity for the bill's passage. The 'lame duck' session of Congress at the end of the year could provide a last chance for action. While crypto lobbyists seek immediate action, the industry is also playing the long game, with crypto PACs investing millions in supporting friends in Congress from both parties, potentially paving the way for future legislative matters, including tax overhauls and the establishment of a federal bitcoin stockpile.