Senate Filed Cloture on the CLARITY Act, Then Left for Recess Without Voting

The Digital Asset Market Clarity Act came closer to a Senate vote this month than at any point in its life, and then the Senate went home.

What the record shows

Two actions were filed on 8 August 2026, both recorded at Congressional Record page S4557: a motion to proceed to consideration of the measure, and a cloture motion on that motion to proceed.

That is where the record stops. The actions list for H.R. 3633 shows thirty entries in total and nothing after 8 August. The Senate roll-call list for the second session of the 119th Congress contains no vote on the bill.

The bill's full path so far: introduced 29 May 2025 by Representative French Hill of Arkansas with 21 cosponsors; reported by House Financial Services 47-6 and House Agriculture 32-19 on 10 June 2025; passed the House 294-134 on 17 July 2025, Roll no. 199; received in the Senate 18 September 2025; ordered reported favourably by Senate Banking 14 May 2026; reported with an amendment in the nature of a substitute and placed on the Senate Legislative Calendar as Calendar No. 423 on 1 June 2026.

Nearly three months on that calendar, and one procedural filing to show for it.

What the sponsors were saying

Senate Banking chairman Tim Scott made the case publicly two days before the filing, on 6 August: "Leader Thune has an opportunity to tee it up for a vote before we leave… We picked up more votes yesterday. Every single hour, we get more folks saying yes to the procedural vote."

The filing followed. The vote did not.

We should be plain about one thing. A specific September date for a cloture vote has been circulating widely. We could not confirm it against the Congressional Record, a unanimous-consent agreement, or any other primary source, so we are not publishing it as fact. If you see that date without a citation to the record, treat it as unverified.

Why the timing matters more than it did a month ago

The legislative vacuum is no longer empty. On 18 August the SEC proposed Regulation Crypto Assets, a rulemaking that would create token-offering exemptions and a conditional safe harbour from the investment-contract test. On the same day Treasury proposed rules implementing section 3 of the GENIUS Act for payment stablecoins. Both are agency actions.

That is the distinction the bill's supporters keep returning to. A rule adopted by one Commission can be repealed by the next, and the Supreme Court's decision in June narrowing removal protections for independent agency heads has sharpened that argument rather than dulled it. Chairman Atkins said as much when he proposed his own rule: legislation is still needed.

Until the Senate schedules the vote, the market-structure question stays where it has been for fourteen months — resolved in one chamber, pending in the other, and filled in the meantime by regulators.

Sources

• H.R. 3633 actions — Congress.gov, actions record through 8 August 2026.
• Senate roll-call votes, 119th Congress, 2nd session — senate.gov
• Chairman Tim Scott remarks, 6 August 2026 — Senate Banking Committee
• SEC Regulation Crypto Assets — 91 FR 54510
• Treasury GENIUS Act proposed rule — 91 FR 53368