The stalemate centers on a proposal from Senators Thom Tillis and Ruben Gallego designed to resolve long-standing Democratic concerns regarding enforcement. The compromise would empower state attorneys general to sue the Department of Justice if federal officials fail to uphold crypto ethics rules. By shifting away from the previous model that relied exclusively on DOJ oversight, sponsors hoped to build a sufficient coalition to clear the 60-vote threshold needed to overcome a filibuster.
Time is rapidly running out for the chamber to act. Senate Majority Leader John Thune’s schedule currently prioritizes a continuing resolution, leaving no floor time for the Digital Asset Market Clarity Act before the break. Analysts at Bernstein have warned that this legislative paralysis could spark a sharp, knee-jerk sell-off across digital asset markets. While Treasury Secretary Scott Bessent has pushed back against concerns regarding non-custodial developers, the broader legislative gridlock suggests that regulatory clarity may remain elusive, forcing firms to rely on interim guidance from the SEC and CFTC rather than permanent federal statute.

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