Key Takeaways
- The Senate’s 60-vote cloture test is only the first hurdle and does not make the CLARITY Act law.
- Republicans still need Democratic support, with ethics provisions remaining one of the biggest sticking points despite recent revisions.
- Banks and 18 state attorneys general are also pushing back, raising concerns over stablecoin rewards, deposit flight, and weakened state enforcement powers.
- Even if the Senate advances and passes the bill, the House would still need to approve the same final text before it can reach the president.
The US Senate is heading into a pivotal vote on the CLARITY Act on Tuesday, with a handful of Democrats likely to determine whether the crypto market structure bill can move forward.
The Senate is scheduled to vote at around 2:15 p.m. ET on whether to invoke cloture on the motion to proceed to H.R. 3633. Importantly, this is not a final vote to pass the CLARITY Act. It is a procedural vote that would allow the Senate to formally take up the legislation. The motion needs 60 votes, leaving Republicans dependent on at least seven Democratic votes if all GOP senators support advancing it.
Republicans released another revised version of the bill ahead of the vote, incorporating 126 changes sought by Democrats. The latest text strengthens ethics provisions and gives state attorneys general a role in enforcing some conflict-of-interest rules. But those concessions have not yet secured the necessary Democratic support.
Sen. Mark Warner remains among those pushing for further changes. While acknowledging progress in negotiations, he said, “I don’t think the ethics provision is near enough.” Democrats have also been working on a counterproposal, keeping negotiations alive just hours before the scheduled vote.
Sen. Cynthia Lummis, one of the bill’s leading Republican advocates, has taken a much harder line. She argued that Republicans have already accepted major Democratic demands, including new ethics restrictions, and suggested some opponents may never “get to yes.”
“We’ve given you everything you’ve asked for,” Lummis said, adding: “There’s nothing left to give.”
Ripple CEO Brad Garlinghouse has also urged senators to advance the legislation, arguing that the compromises reflect the reality of policymaking rather than a flawed deal lawmakers should abandon.
“Perfect can’t be the enemy of good,” Garlinghouse said, adding that “now is the time to vote yes.”
Treasury Secretary Scott Bessent has similarly backed the legislation, describing the CLARITY Act as “essential” to ensuring the US remains competitive in the global race to build digital-asset infrastructure.
What Still Stands in the CLARITY Act’s Way?
Ethics is only one of several unresolved fights.
Banking groups continue to oppose the stablecoin rewards provisions. Eight trade associations argue that a proposed regulatory “circuit breaker” would only respond after substantial deposits had already left community banks, rather than preventing deposit flight in the first place.
Meanwhile, a bipartisan coalition of 18 state attorneys general, led by New York Attorney General Letitia James, has urged Congress to oppose the current bill, warning that it could weaken states’ ability to pursue crypto fraud and investor-protection cases.
Recent revisions have also addressed DeFi registration requirements, Bank Secrecy Act obligations, prediction markets, and rules that allow credit unions to participate in digital-asset activities.
What Happens if the Senate Gets 60 Votes?
A successful cloture vote does not make the CLARITY Act law.
It would first allow the Senate to proceed with the legislation, followed by further debate, possible amendments, and eventually a final Senate vote.
The House already passed H.R. 3633 in July 2025 by a vote of 294 to 134. However, the Senate has since substantially changed the text.
That means both chambers must ultimately approve identical legislation. If the Senate passes its rewritten version, the House would need to accept that version, or lawmakers would have to reconcile the differences and vote again.
Only after the same bill has cleared both the House and the Senate can it be sent to the president for signature.
With Congress facing a tightening calendar ahead of the midterms, Today’s 60-vote test will therefore decide only whether the CLARITY Act advances to its next stage. But failure could significantly narrow its remaining path to becoming law in 2026.
