The CLARITY Act has missed a key procedural step in the US Senate after Majority Leader John Thune advanced other measures while negotiations over the bipartisan cryptocurrency bill remained unresolved.
On Wednesday, Thune filed cloture on a motion to proceed to S. 4668, the Protect College Sports Act of 2026, according to the U.S. Senate Daily Press. He also filed cloture on H.R. 6500, a substitute amendment to the continuing-resolution vehicle, and on Todd Blanche’s nomination to become attorney general.
However, no equivalent filing was made for the CLARITY Act. That means the crypto market structure bill has not entered the procedural countdown needed for an initial cloture vote.
A cloture motion allows the Senate to restrict debate and move towards consideration of legislation. It requires the support of 60 senators, meaning Republicans cannot progress the bill without votes from Democrats.
Crypto journalist Eleanor Terrett said Thune’s decision to move forward with the college sports legislation suggested that negotiations had not yet produced a bipartisan agreement.
The absence of a cloture filing does not formally end the CLARITY Act. It does, however, shorten the amount of time available for senators to begin debate before leaving Washington for the August recess.
Thune later said the bill had not been abandoned, describing the delay as a question of sequencing. His comments indicated that Senate leaders were continuing to pursue an agreement that could attract support from both parties.
The majority leader had previously said he expected market structure legislation to receive a vote, while acknowledging the Senate was dealing with a crowded schedule.
“I think market structure we’ll get a vote on. Whether we can get on it or not, we’ll see,” he told reporters on 3 August.
Disagreements over crypto rules
Among the issues holding up the negotiations are proposed ethics restrictions covering crypto holdings by elected officials. Discussions have also included rewards linked to stablecoins and protections for noncustodial blockchain developers.
Sen. Elizabeth Warren has called for stronger conflict-of-interest rules covering the president, vice-president, members of Congress, senior officials and their families.
If all 53 Republican senators support cloture, at least seven Democratic votes would be needed for the bill to proceed.
Matt Hougan, chief investment officer at Bitwise, said missing the opportunity to act before the recess could put the CLARITY Act into a “walking dead” phase. The legislation could remain active while facing a delay of several months and greater procedural challenges later in 2026.
Hougan nevertheless said the digital asset industry would continue to grow even without immediate congressional action. He pointed to potential rule-making by the Securities and Exchange Commission, as well as increasing involvement from financial institutions, as alternative routes for the sector’s development.
SEC Commissioner Hester Peirce also said she expected work on digital asset regulation to continue.
She argued that legislation would offer investors, companies and regulators clearer boundaries over their respective responsibilities. Peirce added that the SEC could continue addressing crypto custody, fundraising and tokenized securities even if the bill does not pass.
Prediction markets lower expectations
Prediction-market traders have become more cautious as the available Senate timetable narrows.
Kalshi currently places the probability of the CLARITY Act being enacted before 1 July 2027 at 41%. The figure rises to 58% for passage before 1 October 2027 and 65% before 1 January 2028.
Those contracts suggest traders believe a longer legislative process is more likely than enactment during 2026.
The CLARITY Act is intended to establish the respective roles of the SEC and the Commodity Futures Trading Commission in supervising US digital asset markets. Without congressional action, regulators will continue operating under existing securities and commodities laws, while uncertainty over their jurisdiction remains.
The next clear indication of the bill’s prospects could come through a cloture filing, a bipartisan agreement or a change to the Senate schedule. Until one of those developments occurs, its immediate route to a floor vote remains uncertain.
