CLARITY Act vote advances as Republicans reject offer
Senate Republicans have rejected a late Democratic counteroffer and kept the CLARITY Act on course for a 60-vote procedural test at 2:15 p.m. ET on Sep. 15.
- The Senate will vote on cloture on the motion to proceed to H.R. 3633.
- Republicans need Democratic support because their 53 seats fall short of the 60-vote threshold.
- Democratic demands cover government ethics, DeFi policy, and protections for tribal gaming laws.
- Republicans say the latest bill contains 126 substantive changes requested by Democrats.
According to Katie Warbinton, a spokesperson for Republican Senator Cynthia Lummis, Democrats “have not budged an inch” after presenting another counteroffer shortly before the scheduled vote.
🚨BREAKING: Republicans dismissed a Clarity Act counter-offer from Democrats.
— Rednirav (@CryptoRednirav) September 15, 2026
Spokesperson for Lummis (R-Wyo.) says Democrats "have not budged an inch."
Senate Republicans signaled that they will not reopen negotiations on a last-minute Democratic counteroffer
“They need to actually start negotiating instead of resubmitting the same demands and calling it progress,” Warbinton said.
Republican senators have decided against reopening the text, arguing that their latest version already represents a final compromise after more than a year of negotiations. Lummis, Senate Banking Committee Chair Tim Scott, and Senate Agriculture Committee Chair John Boozman said the bill contains 126 substantive changes requested by Democrats.
Democratic senators delivered their counterproposal on Monday night following a meeting in Senate Minority Leader Chuck Schumer’s office. Details had not been released in full as the procedural vote approached, but the demands reportedly included stronger ethics restrictions, changes affecting decentralized finance, and protections for tribal gaming laws.
CLARITY Act faces a 60-vote procedural test
The Senate is scheduled to vote on cloture on the motion to proceed to H.R. 3633, the House version of the Digital Asset Market Clarity Act. Clearing the motion would allow senators to begin formal debate; it would not pass the bill or send it to President Donald Trump.
Cloture requires 60 votes. Republicans control 53 Senate seats, leaving party leaders dependent on at least seven Democratic or independent senators if every Republican supports the motion.
As crypto.news previously reported, Republican lawmakers had warned before Sep. 15 that disputes over ethics, stablecoin rewards and DeFi protections could leave the measure short of the required support. Lummis argued at the time that repeated Democratic demands were placing the bill at risk.
A failed vote would leave Senate leaders with few chances to revive the legislation before the November midterm elections. The Senate returned on Sep. 14 with a crowded calendar, while the House has reduced the number of voting days available during September.
The House passed H.R. 3633 by a 294–134 vote in July 2025. Senators have since developed an amended version that differs from the House-approved text, meaning any Senate passage would not complete the process.
Under the legislative procedure, the House would need to accept the Senate changes or negotiate a common bill through further congressional action. Both chambers must approve identical language before the measure can reach the president.
That step faces a tight schedule because House leaders removed eight September voting days. The shortened House calendar leaves lawmakers due to depart Washington on Sep. 17, two days after the Senate’s cloture vote, before returning for regular business after the Nov. 3 elections.
Ethics rules remain the main Democratic objection
Democratic Senators Mark Warner, Ruben Gallego, and Raphael Warnock have said the Republican ethics provisions do not go far enough. Their concerns include whether the rules would prevent presidents, relatives and other federal officials from profiting from digital-asset ventures while in office.
Another dispute concerns enforcement. Democrats have questioned whether state attorneys general would have enough authority to take direct action against a sitting president when the restrictions are violated.
Senator Elizabeth Warren has focused her criticism on possible conflicts involving the Trump family’s crypto businesses. Trump’s financial links to digital assets have become a central part of the ethics debate, though Republicans say the revised language applies to public officials and addresses earlier Democratic requests.
The latest Republican text follows an ethics framework previously discussed by Republican Senator Thom Tillis and Gallego. Republican sponsors have argued that their restrictions have the president’s support, while Warner said senators who had negotiated in good faith were still preparing a counterproposal.
“There’s nothing left to give,” Lummis said, accusing some Democrats of opposing the legislation regardless of the provisions included in it.
Reuters reported on Sep. 14 that the revised draft added restrictions intended to stop public officeholders from profiting through crypto and gave state attorneys general a possible enforcement role. Democratic lawmakers remained unconvinced that the provisions offered sufficient safeguards.
DeFi and tribal gaming rules add to the dispute
Apart from ethics, Democratic negotiators have sought changes to the bill’s treatment of decentralized finance. The legislation includes protections for some non-custodial software developers, validators, and node operators while directing federal agencies to address protocols that retain forms of control.
The updated DeFi provisions matter to U.S. developers because the CLARITY Act would help determine when publishing software or maintaining blockchain infrastructure creates obligations under federal financial laws. Industry groups have argued that developers who do not control customer funds should not be treated as traditional financial intermediaries.
Lawmakers have also debated how the measure could affect prediction markets and tribal gaming authority. Tribal groups and state gaming regulators have challenged federally regulated event-contract platforms that offer markets linked to sports, arguing that such products can bypass state and tribal gambling rules.
The Democratic counteroffer reportedly sought protections for tribal gaming laws as Congress considers the boundary between Commodity Futures Trading Commission-regulated event contracts and gambling overseen by states or tribal governments. The full counterproposal was not publicly available before the vote, limiting direct comparisons with the Republican text.
Bill would divide SEC and CFTC crypto oversight
For U.S. investors and crypto businesses, the CLARITY Act would establish federal rules for classifying digital assets and divide oversight between the Securities and Exchange Commission and the CFTC.
Under the framework, the CFTC would receive authority over qualifying digital commodities and registered spot-market intermediaries. The SEC would retain authority over crypto assets and transactions that fall under federal securities laws.
Supporters say a law passed by Congress would provide rules that remain in place beyond changes in presidential administrations. Without legislation, federal agencies can continue issuing interpretations and regulations under existing statutes, but later administrations may revise those policies.
White House crypto adviser Patrick Witt, Treasury Secretary Scott Bessent and Ripple CEO Brad Garlinghouse have urged senators to advance the measure. Their public support has focused on establishing a federal market structure for digital assets and ending years of disagreement over which agency should regulate different tokens and trading platforms.
Banking groups have maintained separate objections involving stablecoin rewards and competition for deposits. They argue that yield or rewards linked to payment stablecoins could pull money away from insured banks, while crypto companies have disputed comparisons between stablecoins and bank accounts.
The Senate vote will first determine whether debate on H.R. 3633 can begin. If cloture succeeds, senators may consider amendments and face more procedural votes before holding a final vote on the legislation.