CLARITY Act Stalls in Senate; CU Trade Groups Call for Additional Negotiations to Ensure CUs Receive Equal Treatment

WASHINGTON — Legislation establishing a federal regulatory framework for cryptocurrency markets stalled in the Senate Tuesday after supporters failed to secure the 60 votes needed to advance the measure, with two major credit union groups responding by urging lawmakers to continue negotiations and ensure credit unions receive equal treatment in any final bill.

The Senate voted 49-50 on the procedural motion involving the CLARITY Act. The vote left the legislation short of the 60 votes required to move forward. The outcome was also confirmed by other national news organizations.

The vote represents a setback for the cryptocurrency industry, which has pushed Congress to establish clearer rules governing digital assets and the roles of federal regulators, noted The Hill in its reporting.

For credit unions, however, as the CU Daily has been reporting the debate also involves whether they will receive treatment comparable to banks under the emerging digital-assets framework, including provisions affecting stablecoins, custody, payment infrastructure, credit union service organizations and members serving overseas.

Simpson: Credit Unions Cannot Be Sidelined

America’s Credit Unions President and CEO Scott Simpson said the failed vote provides lawmakers with additional time to address unresolved issues rather than ending consideration of digital-asset legislation.

“Today’s vote gives lawmakers an opportunity to continue working on the bill to find consensus around outstanding issues,” Simpson said.

He said any legislation ultimately approved by Congress needs to explicitly recognize credit unions and the 146 million Americans they serve.

“America’s Credit Unions’ members and the 146 million Americans they serve cannot be sidelined, and digital asset reform must recognize the credit union model directly,” Simpson said. “We will continue our advocacy to protect consumers, support local lenders, and ensure Capitol Hill treats credit unions with full statutory parity.”

Scott Simpson

America’s Credit Unions noted it has repeatedly raised digital-asset issues with lawmakers and regulators, including the CLARITY Act and implementation of stablecoin legislation.

Last-Minute Negotiations Fail

The Hill reported the vote followed a flurry of negotiations between Republicans and Democrats who had been viewed as potentially receptive to cryptocurrency legislation.

About a dozen Democrats had been considered potential supporters, but negotiations failed to produce an agreement over ethics provisions and other issues.

One of the central disputes involved President Donald Trump and his family’s involvement in the cryptocurrency industry.

Senate Republicans released revised legislative language Sunday that an aide described to The Hill as their “last, best and final offer.” The revisions included changes to ethics provisions and several other sections that had been the focus of negotiations.

The new language incorporated numerous changes sought by Democrats, including an expanded role for state attorneys general in enforcing ethics restrictions.

The changes were insufficient to win enough Democratic votes.

Sen. Raphael Warnock (D-GA) said Monday that the revised ethics provisions contained what he described as “a whole lot of loopholes,” according to The Hill.

Warnock said Democrats should not advance legislation that failed to adequately address concerns surrounding the Trump family’s cryptocurrency activities.

DCUC: Procedural Setback Shouldn’t End Effort

The Defense Credit Union Council also urged lawmakers to return to negotiations.

“Today’s failure to invoke cloture on the motion to proceed to the CLARITY Act should be a reason to renew negotiations, not abandon them,” said Jason Stverak, DCUC’s chief advocacy officer. “We need to keep moving toward a framework that protects consumers and gives credit unions the legal certainty, authority, and operational structure to responsibly meet their members’ digital-asset needs.”

Stverak said a procedural setback should not become a permanent obstacle to legislation.

Jason Stverak

DCUC said the legislation has improved in its recognition of credit union services, accounts and qualifying subsidiaries, but several issues remain unresolved.

“Our concerns are about making this framework work for credit union members, not standing in the way of responsible innovation,” Stverak said.

Credit Union Shares, Dividends at Issue

Among DCUC’s concerns is whether credit union share accounts would receive treatment comparable to bank deposits.

The legislation includes safeguards involving transfers of interest-bearing community bank deposits into payment stablecoins. DCUC said those protections should expressly cover comparable losses from credit union share accounts and recognize dividends alongside bank interest.

“The funding that supports affordable lending deserves fair consideration regardless of an institution’s charter,” Stverak said. “We are not seeking an advantage over banks; we are seeking equal treatment for the members we serve.”

Concerns over the potential movement of deposits into stablecoins have been among the financial industry’s significant issues during negotiations over the legislation.

NCUA, CUSO Roles Among Concerns

DCUC also said the legislation should establish clearer and more consistent roles for the National Credit Union Administration and state credit union regulators.

Other issues identified by the organization include participation through credit union service organizations and qualified partners, custody requirements, access to payment infrastructure and implementation timelines.

“Credit unions also need more than permission on paper,” Stverak said. “They need consistent roles for NCUA and state credit union supervisors, workable participation through credit union service organizations and qualified partners, clear custody requirements, fair access to payment infrastructure, and realistic implementation timelines.”

Overseas Military Members Raise Another Issue

DCUC said the legislation also presents a particular concern for defense credit unions serving military personnel and their families stationed overseas.

The organization wants Congress to resolve uncertainty involving residency requirements and ensure military orders do not interrupt otherwise lawful financial services.

“Official orders should not create unnecessary barriers between military households and their financial institutions,” Stverak said.

DCUC urged senators from both parties to remain engaged. If lawmakers cannot reach agreement on the broader CLARITY Act, the organization said Congress should consider targeted legislative changes while regulators use existing authority to provide additional clarity.

“Our objective is not simply to pass a bill,” Stverak said. “It is to ensure credit unions can safely and competitively serve their members in the financial system Congress is helping shape.”

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