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Senate Clarity Act fails 49-50; crypto regulation shifts to agencies

Senate blocks crypto bill; industry now pivots to SEC, CFTC regulatory guidance as alternative path.

  • The Senate failed to advance the Clarity Act in a 49-50 vote, with Democrats voting as a bloc and three Republicans joining them; seven negotiating Democrats called it “a setback, but not the end.”
  • With industry fatigue mounting, attention has shifted from Congress to regulators, with the Solana Policy Institute’s Kristin Smith calling agency guidance “the more viable path forward right now.”
  • SEC Chair Paul Atkins tied a new tokenized-stock innovation exemption to the bill’s failure, while the CFTC issued no-action relief and sent a broader crypto rulemaking to the White House.

For anyone tracking crypto policy in Washington, it was a long and bruising week that marked a shift in gravity from Congress to regulators. On Tuesday, the Senate failed to advance crypto’s landmark market structure bill in a procedural vote that exposed how deeply President Trump’s crypto dealings have eroded Democratic willingness to cooperate.

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Democrats voted as a bloc against advancing the bill, while Republican Sens. Susan Collins, Josh Hawley, and Jerry Moran joined them in opposition. Senator Thom Tillis initially voted yes before switching to no, a maneuver preserving the option to bring the bill back later.

The vote landed at 49-50, well short of the 60 needed after more than a year of bipartisan negotiations. The breakdown sparked finger-pointing, with Sen. Cynthia Lummis accusing Democrats of playing games while Democrats said Republican leaders forced the vote prematurely.

Seven Democrats involved in the talks called the vote “a setback, but not the end,” insisting the bill isn’t dead. Sen. Angela Alsobrooks noted that over 70 million Americans are engaging in an unregulated industry, saying “we have a responsibility to regulate.”

However, significant fatigue has set in across the industry. Solana Policy Institute President Kristin Smith said Congress had its chance and didn’t rise to it, adding that regulators’ guidance represents “the more viable path forward right now.”

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SEC Chairman Paul Atkins explicitly tied the agency’s new innovation exemption for tokenized U.S. stocks to the Clarity Act’s failure, releasing the measure Thursday. The CFTC also moved ahead, issuing a no-action position for passive software providers and submitting a broader crypto rulemaking proposal to the White House.

The industry is getting clarity, delivered by regulators rather than Congress. For more details, subscribe to Crypto in America here and make predictions on Myriad.

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