- The Senate scheduled no CLARITY Act floor action for Monday.
- Lawmakers face limited procedural options before the Aug. 10 recess.
- Democratic support and the bill’s legislative path remain uncertain.
The Senate will return Monday without scheduling any floor action on the CLARITY Act, leaving the crypto market structure bill facing a narrowing path before the Aug. 10 recess. According to the Senate’s published floor schedule and cloture ledger, lawmakers planned only a procedural vote on H.R. 6500, while no filing appeared for H.R. 3633 or the Digital Asset Market Clarity Act. That leaves leaders with limited procedural options if they want the legislation to advance this week.
Senate Calendar Leaves Limited Procedural Options
Monday’s schedule calls senators back at 3 p.m. before a planned cloture vote around 5:30 p.m. on the motion to proceed to H.R. 6500. However, the updated cloture ledger through July 31 contains no filing for the CLARITY Act.
Under Senate Rule XXII, an ordinary cloture petition requires 16 signatures. If leaders file it on Wednesday, Aug. 5, senators could hold a cloture vote on Friday, Aug. 7. That vote would only determine whether the chamber proceeds to the bill.
If senators invoke cloture, debate on the motion to proceed could continue for up to 30 hours. Afterward, lawmakers would still need to consider the legislation and potentially overcome another cloture hurdle before final passage.
Leadership also has faster procedural alternatives. A bipartisan cloture petition requires signatures from both leaders and additional senators from each party. Meanwhile, unanimous consent could shorten the process, although any senator may object.
Vehicle And Vote Count Still Unclear
The Senate has not identified which legislative vehicle it intends to use. H.R. 3633 remains the House-passed CLARITY Act, while Sen. Cynthia Lummis previously described her merged Banking-Agriculture proposal as updated H.R. 3633 text.
At the same time, the vote count remains uncertain. Catherine Cortez Masto, Angela Alsobrooks, Cory Booker, Ruben Gallego, John Hickenlooper, Mark Warner, and Raphael Warnock said negotiations continue because the current draft falls short. Sen. Elizabeth Warren also opposes the revised measure.
According to Axios, Majority Leader John Thune expected a procedural vote before recess only if enough Democrats supported moving forward.
Market Waits As Deadline Nears
The legislative delay produced little market reaction. Bitcoin traded at $63,079 on Aug. 3, down 0.4% daily and about 3% weekly. Ether also fell 0.4% over 24 hours, while the Fear and Greed Index stood at 35.
Earlier reporting also noted that the SEC could pursue its own crypto rules if Congress fails to pass the legislation. For now, attention remains on whether Senate leaders file cloture, use another procedural path, or place the CLARITY Act on the floor before the Aug. 10 recess.