The Digital Asset Market CLARITY Act (H.R. 3633) was expected to become the foundation of U.S. crypto market-structure rules after its strong House passage in 2025. Instead, 2026 has been dominated by negotiations over DeFi, stablecoins, ethics provisions and enforcement powers. With the Senate now in August recess, September 15 is the next major test, but not a final passage vote.
2025: House Passage Sets the Stage
The CLARITY Act passed the House in July 2025 by 294-134, giving it strong bipartisan support.
The legislation then moved to the Senate, where negotiations began over issues including stablecoin yield, DeFi oversight and anti-money-laundering rules.
January 2026: First Delay
- A Senate Banking Committee markup scheduled for January 15 was postponed to the final week of the month.
- The goal was to build more bipartisan support and resolve disagreements before moving toward a Senate vote.
April 2026: Senate Action Expected
- By April, House Financial Services Chairman French Hill was calling the period ahead a critical window for Senate action. A Banking Committee markup was expected by the end of April, with floor consideration potentially following in May.
- That schedule slipped again.
May 2026: Committee Approval
- A major milestone finally came on May 14, when the Senate Banking Committee passed CLARITY 15-9.
- All 13 Republicans voted for it along with two Democrats.
- But committee approval was not enough to guarantee passage on the Senate floor. Senator Bernie Moreno pushed for a vote before the summer recess, while Senator Cynthia Lummis warned that another major delay could push comprehensive crypto legislation much further out.
June 2026: Ready for the Floor
- An updated version was placed on the Senate Legislative Calendar on June 1, making it eligible for floor consideration.
- However, negotiations continued, particularly around DeFi protections, enforcement and other unresolved provisions.
July 2026: Ethics and DeFi Become Major Flashpoints
The bill missed its early-July target as lawmakers continued negotiations over Section 604, which protects certain non-custodial developers from money-transmitter requirements, along with sanctions-related concerns and ethics provisions.
Lummis Pushes Back
- She pointed out that the legislation has expanded from the 68-page 2022 Lummis-Gillibrand proposal to 616 pages, after nearly 11 months of bipartisan negotiations.
- Lummis has argued that Republicans could have pushed the bill through on their own votes but deliberately chose not to.
- “Only a jointly built bill survives future elections,” is the argument behind her push for bipartisan support.
- She has also rejected the idea that one disagreement alone is responsible for the delay, saying CLARITY was competing for Senate floor time with government funding, reconciliation legislation, the NIL sports bill and Russia sanctions legislation.
- On the ethics provisions, Lummis called giving state attorneys general a formal enforcement role a “red line” for Republicans.
- She openly rejected JPMorgan CEO Jamie Dimon’s criticism of the bill’s anti-money-laundering provisions, calling his concerns “absolutely wrong.”
August 2026: Senate Leaves Without a Vote
- CLARITY was not brought to the Senate floor before the August recess.
- A cloture motion was filed on August 8, but senators adjourned without holding the full vote.
- Senate Majority Leader John Thune has indicated the bill will be taken up when lawmakers return.
September 15: The Next Test
- A procedural vote is scheduled for September 15 at 2:15 p.m. ET.
- This is important, but it does not mean CLARITY will become law that day.
- Republicans hold 53 Senate seats, meaning at least seven Democrats or independents would need to support the procedural step if all senators vote.
- After that, the legislation would still need Senate passage, resolution of differences with the House and presidential approval.
So, When Could CLARITY Pass?
September 15 is the next real checkpoint, not the final deadline.
Bull Case
If the procedural vote succeeds and Democrats and Republicans resolve the remaining disputes quickly, Senate passage could happen later in September or during the fall.
Bear Case
If the September effort fails, the November midterms could make further progress difficult, increasing the possibility of a 2027 delay.
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