Key highlights:

  • The Senate has still not scheduled the CLARITY Act for floor debate
  • Lawmakers have only a few days before the August recess begins
  • Republicans need seven Democratic votes to move the bill forward
  • If no action is taken this week, the bill will be delayed until September

The CLARITY Act’s window of approval is gradually closing as the Senate gears up for its long break in August. The officials have just a few days left to discuss the bill. The next sessions would determine if the bill moves forward this week or is pushed back until September.

CLARITY Act runs out of time before Senate break

The Senate's schedule for Monday does not have the CLARITY Act included. The lawmakers are planning to discuss an entirely different procedural vote.

Also, the chamber’s cloture calendar does not show any filing for the crypto bill. This means the Senate leaders have no plan to bring it to the floor before lawmakers leave for the break, which would start on August 10.

The bill has procedural steps that must be done before it can move forward. A cloture petition needs 16 senator signatures. If this is filed by Wednesday, August 5, then there would be a cloture vote on Friday, August 7.

Even if senators approve that procedural vote, there would still be more debates and possible amendments before the final vote for the CLARITY Act to be law.

It is also worth mentioning that Senate leaders have faster options at their disposal. They could use a bipartisan cloture petition or reach a unanimous consent agreement to speed up the process. 

These methods, though, would need cooperation, which means if any senator objects, it's back to square one.

Democratic support remains the biggest challenge

Even if Senate leaders find time to bring the legislation forward, getting enough votes is another story.

Republicans hold 53 Senate seats in the chamber. This means they still need support from at least seven Democrats to get the 60 votes required to move the bill to its next stage. Notably, seven Democratic senators said in July that the draft falls short of their expectations.

The group called for tougher rules on ethics, consumer protection, conflicts of interest, illicit finance, and market integrity. They said they were willing to negotiate but would not support the current version of the legislation.

A top voice in the Democrat faction, Senator Elizabeth Warren, said the bill's ethics provisions do not address President Donald Trump's crypto interests. She called the draft "dead on arrival."

Senator Cynthia Lummis responded, saying Warren would rather have no rules on digital assets because of her personal agenda against the President.

Lummis had introduced an updated proposal that combines work from the Senate Banking and Agriculture Committees. She stated that lawmakers are still committed to getting bipartisan support on the bill.

Senators Thom Tillis and Ruben Gallego have also discussed changes that would allow state authorities to restrict federal officials with digital asset projects.

What happens if no vote takes place this week?

If the Senate cannot begin work on the CLARITY Act before the recess, the bill will be on hold until senators return on September 14.

That delay could be detrimental to the crypto industry, which is still in a bear market. JP Morgan recently said the stalling of the bill is the reason why the crypto market has failed to recover.

Major crypto companies have continued to call for the approval of the legislation. Coinbase, Grayscale, and Strategy have all voiced support, saying that clear federal rules could encourage investment in the industry.