The Senate will vote on September 15 on whether to open the debate on the CLARITY Act, rather than finally passing it.
The Republican Party needs the support of at least seven Democratic members to reach the 60-vote threshold. A conflict-of-interest clause covering official positions in crypto assets has prevented the bill from currently on the agenda. Bettors and analysts believe the probability of the bill being signed into law in 2026 is only one in five or less.
The U.S. Senate will hold a decision on whether to open a trial against H.R. at 2:15 pm EST on September 15. Bill 3633, the Digital Asset Market Clarity Act. This was a procedural vote on a "motion to close debate" that only decided whether the Senate would put the bill on the agenda, not whether it would become law. To successfully pass the process, 60 votes are needed. Republicans currently have 53 seats, so they need to win the support of at least seven Democrats or independents to advance the cryptocurrency industry's top legislative priorities before the November midterm elections take on the agenda.
Seven Democrats are key to bill getting into debate
"End debate" is designed to end filibusters and allow the Senate to begin processing legislation. If the motion is passed on September 15, it will trigger the full house debate and amendment session, followed by a final vote. If any version wants to pass the Senate, it still needs to be reconciled with the House text before it can be sent to the president for signature.
Majority Leader John Thune submitted the closing debate motion on August 8, just before the summer recess. Previously, negotiators failed to achieve the goal of voting earlier that month. The motion brings a clear agenda to the bill that months of closed-door negotiations have failed to provide.
- July 17, 2025: The House of Representatives voted 294 - 134 to approve H.R. Bill 3633 received bipartisan support.
- May 14, 2026: The Senate Banking Committee voted 15 - 9 to advance Section 15 of the bill, with two Democrats voting in favor.
- July 22, 2026: Lummis releases the merged Senate text that incorporates 114 provisions proposed by Democrats.
- August 8, 2026: Thun submitted a motion to close the debate before the recess, and a vote is scheduled for September 15.
- September 15, 2026: Vote to end the debate on the "motion to enter the debate", 60 votes are needed to start the debate.
On the eve of the vote, bitcoin trading prices were at a high of more than $70,000, after briefly hitting the $80,000 level earlier this month and now falling back.
$1 billion in conflicts of interest hinder progress of bill
The biggest obstacle is a conflict of interest clause for government officials who hold digital assets. Under the Democrat-leaning draft, federal officials, including the president, must divest more than $1 million worth of cryptocurrencies and account for at least 10% of the value of companies 'assets; officials holding positions more than $15,000 would need to transfer them to blind trust trusts or sell them.
This clause stems from a key figure: President Trump has disclosed more than $1 billion in crypto asset gains. Democrats believe officials should not make rules for industries from which they profit. New text circulated this month adjusted rules on decentralized finance (DeFi) and credit unions, but Senator Thom Tillis, Republican of North Carolina, said the White House had not yet engaged in substantive terms on a compromise on ethics, and several Democrats refused to push the bill without a deal that Trump signed on.
White House warns that window may not be open for years
The administration is publicly pressing. Patrick Witt, who heads the President's Digital Assets Advisory Council, sees the vote as the last chance in the next few years, saying: "If the 'Go to Debate motion' fails, no one will get what they want," adding that "if the bill stalls, who knows when it will resurface." Treasury Secretary Scott Bessent took a more stringent stance, accusing Senate Democrats of choosing "political games on the eve of a major victory" and warning that if Democrats regain the House, the chances of any agreement falling apart will increase. Senator Cynthia Lummis highlighted the number of concessions, noting that the revised draft incorporated more than 114 provisions proposed by her Democratic colleagues.
Why bettors give the bill a one-in-five probability
Bettors who put real money are skeptical. As of September 12, the market is forecast to price the probability that the bill will be signed into law in 2026 at nearly 20%, down from a peak of more than 80% in February, when the Senate confirmed it missed the August window. Galaxy Research lowered its estimate to 10% in mid-August, citing a shortened agenda, unresolved ethics battles and community bank lobbying. The warning message behind all models is the same: Unless the "motion to debate" passes almost immediately, there will be insufficient time remaining in September to complete the debate, amend and pass the bill, after which lawmakers will turn to the campaign.
Failure to vote will hand regulatory rules to the SEC and CFTC
Regardless of the outcome of Tuesday's vote, The path of regulators will remain. With Congress deadlocked, the SEC and the CFTC have accelerated independent action, while the SEC suspended two of its own crypto exemptions to avoid interfering in legislative politics. If the bill dies as a stand-alone bill, a familiar path back to Washington is: Leadership can bundle its content into year-end spending packages that must be passed. Another possible retreat comes from the regulators themselves: The SEC's "Reg Crypto" and "Innovation Waiver" measures have been drafted and are awaiting implementation. It is this possibility, not the September 15 vote itself, that makes bill supporters reluctant to give up hope easily.

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