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Clarity Act talks enter final stretch as GOP seeks Democratic votes

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Clarity Act talks enter final stretch as GOP seeks Democratic votes

2026-07-27 19:24 UTCBy AlphaScala Research DeskSource reporting: Crypto newsEditorial standards1 views

Clarity Act talks enter final stretch as GOP seeks Democratic votes

GOP holds 53 seats, needs 60 votes for Clarity Act. 7 Democrats say bill falls short. Police union endorses after BRCA fix. Thune may file cloture before recess.

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Senate Republicans are seeking Democratic support for the Clarity Act as lawmakers consider starting a floor process before the August recess. Crypto industry groups hope Majority Leader John Thune will file cloture on a motion to proceed, according to a Crypto in America report.

A cloture filing would set up a vote two Senate session days later. At least 60 senators would need to support the motion before the chamber could debate the bill. If the Senate invokes cloture, lawmakers could spend up to 30 hours debating the motion before voting on whether to proceed to the legislation itself. That process would not guarantee 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 expected to remain absent, and Republican Senators Josh Hawley and Rand Paul have not confirmed their positions. Both voted against the GENIUS Act in 2025, adding uncertainty to the Republican vote count.

Seven Democratic senators said the updated Clarity Act text released last week "fell short" of their expectations. Their concerns span 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. 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 means any Republican defections would increase the number of Democratic votes needed.

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. The endorsement could help ease concerns among Democrats focused on illicit finance and enforcement, the report said.

The support does not resolve broader disagreements over when a DeFi service qualifies 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?" Peirce said.

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. 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.