What A 2021 Crypto Procedural Vote Signals For Clarity Act Cloture

Crypto Industry’s 2021 Flex

Despite the setback, the collective action of the industry to garner support and come so close put Washington insiders on notice that crypto was a formidable power bloc.

Then Blockchain Association CEO Kristin Smith led the industry effort. During a 2025 podcast interview with me, she reflected on the significance of that Washington policy milestone.

“One of my more fonder memories over the years was in the summer of 2021…This was a very big crypto specific policy moment…That was when crypto realized it had a political voice and it could be a political force when it works together.”

September 2026 Cloture Motion Uncertainties

Of course, the hope is that there will not be any such surprises during the cloture vote on September 15. Still, the lesson from five years ago is that Senate procedures can be tricky.

The cloture motion will determine if the Clarity Act gets a Senate floor vote or is scrapped. Over the next few weeks, all outstanding issues must be resolved. Otherwise, cloture could be a death sentence.

Despite Congress being in recess, senior staff are actively negotiating thorny issues that require bipartisan compromise.

• Stronger ethics agreement from the White House.

• Reconciliation of both the Senate Banking and Agriculture Committee bill versions.

• Concessions on yield for banks, developer protection limitations for law enforcement, strengthened illicit finance measures.

Stacking The Deck

Lummis, who was a lead negotiator in 2021, is determined to see Clarity pass before she retires at the end of this Congressional session. She had this to say recently during the intense debate before the August recess.

“I will not give up because I believe to my core that this industry deserves to thrive with clear rules of the road on US soil, that consumers deserve to be protected from scams and have the confidence to participate in our digital economy, and that law enforcement deserves the tools they need to hold bad actors accountable.”

To stack the deck, she and Senator Bernie Moreno, R-Ohio, just became co-signers of the Credit Card Competition Act, which banks oppose. The move signals that a choice will have to be made by groups that oppose the Clarity Act. Which legislative loss is preferable?

The crypto industry was still building its Washington political muscle in 2021. All eyes are now on the sector five years later. One thing is clear, bipartisan was the gateway then and it must be again.