Crypto's Hopes for Senate's Clarity Act Remain Alive Despite Tight Deadline
Although April appears to be a lost cause for the crypto Clarity Act, a US Senate committee hearing scheduled for May could potentially keep the crucial market structure legislation alive, provided it reaches a final Senate vote by July, according to lawmakers and lobbyists familiar with the bill's progress. The legislative calendar is rapidly filling up, but a Senate aide indicated that a short delay to allow Senator Thom Tillis to finalize discussions with bankers over stablecoin-yield concerns is not yet a decisive blow. Earlier negotiations regarding decentralized finance protections have been largely resolved, leaving few obstacles in the way of committee approval. One major challenge the crypto industry faces is the banking sector's objections to stablecoin rewards, which must be addressed before the bill can move forward. The Senate Banking Committee hearing is only the first of many steps required for the bill's passage. The Senate will recess in August and be in election mode until the November midterms, with only about a dozen weeks of work scheduled before the elections, and several pressing matters to address during that time. If the bill manages to secure approval from the Senate Banking Committee, it will need to be merged with the version passed by the Senate Agriculture Committee. The final legislation is likely to undergo further revisions as lawmakers work to reach a compromise on an ethics piece related to senior government officials profiting from crypto interests. The bill may gain enough Democratic support to pass if it can overcome disputes regarding the appointment of market regulation commissioners and the ethics piece. The House would then need to approve the revised bill, which could happen quickly if no further disagreements arise. The last step, President Trump's signature, is expected to be the easiest, although he has introduced some uncertainty by stating he won't sign any bill until legislation requiring voter citizenship proof is approved. The Digital Asset Market Clarity Act, if passed, would become the second major crypto bill to be enacted, following last year's Guiding and Establishing National Innovation for US Stablecoins Act. However, an unresolved stablecoin issue from the GENIUS Act has delayed progress on the Clarity Act, with bank lobbyists raising concerns that stablecoin rewards programs could jeopardize the banks' business model. The debate has been intense, with White House interventions and strong rhetoric from crypto insiders, including Coinbase's Chief Legal Officer Paul Grewal. Although key Senate negotiators had recently announced an agreement in principle, Senator Tillis indicated that earlier hopes for April progress were likely slipping into May. The White House has supported the crypto position on allowing some rewards that don't resemble interest on core bank deposits. A top crypto adviser in the Trump White House, Patrick Witt, stated that further lobbying by banks on this issue seems motivated by greed or ignorance. The current compromise approach would ban payment of yield on products that resemble insurance on deposits but allow firms like Coinbase to structure rewards programs similar to credit-card incentives. However, lawmakers have been cautious about releasing the text to avoid sparking further negotiation drama. Crypto industry representatives, including the CEO of the Digital Chamber, Cody Carbone, are urging lawmakers to move forward with the markup hearing and share the long-awaited bill text. Every day without progress reduces the odds of the Clarity Act's success, with crypto investment firm Galaxy estimating the odds of the bill being signed into law in 2026 at roughly 50-50, possibly lower, due to the numerous unresolved questions that must be settled under severe time pressure. A single further disagreement among negotiators could be a fatal delay, although the period after the November elections might offer a final opportunity for the bill to pass. The crypto industry is playing the long game, with crypto PACs investing millions of dollars to build relationships with Congress members from both parties, potentially paving the way for future legislative efforts, including a tax overhaul and the establishment of a federal bitcoin stockpile.