
The Clarity Act's new draft merges two committee versions and adds an ethics provision targeting Trump's crypto earnings. The Senate has three weeks to pass before recess.
Senators released a new draft of the Digital Asset Market Clarity Act on Wednesday, merging versions advanced by the Senate Banking and Agriculture Committees. The text adds an ethics provision that would bar senior government officials from sponsoring or issuing their own cryptocurrencies, a direct response to President Donald Trump’s $1.4 billion in crypto-linked earnings last year.
The window for passage is tight. The Senate is scheduled to leave for August recess on Aug. 7, leaving roughly three weeks for the bill to clear the chamber. The new draft is a step forward, but the ethics language remains the main sticking point.
The provision, agreed to by the White House but not by Senate Democrats, gives Trump a year to divest or place his crypto businesses into a blind trust. The Department of Justice would enforce the rule. Democrats object on several grounds: they do not trust the DOJ to pursue a sitting president, the provision sunsets at the next inauguration, and Trump could continue benefiting from existing tokens bearing his name. A name-image-likeness clause also drew criticism.
Senator Cynthia Lummis, a Republican and a proponent of the bill, argued the provision applies to a broad set of government officials and federal judges. White House adviser Patrick Witt said it is the most sweeping ethics pledge any U.S. president has ever agreed to. Both points are accurate, but the political math is complicated.
Midterm elections are 15 months away. Control of the House and Senate will be decided. A headline figure of $1.4 billion gives Democrats a ready campaign issue. Senator Elizabeth Warren, the ranking Democrat on the Banking Committee, said the bill “should be dead on arrival,” citing investor protection and national security concerns.
If the bill is to pass before recess, the first procedural step is a motion to proceed, expected Monday or Tuesday, two industry sources told CoinDesk. If that motion gets 60 votes, it signals that lawmakers are close to an agreement on outstanding issues, one of the individuals said.
Under Senate rules, the motion to proceed ripens one hour into the second day after it is filed. A cloture vote on the amendment in the nature of a substitute – the new bill text – could follow. A second cloture vote on final passage would come later. Both require 60 votes.
Industry participants expect the actual cloture votes to land in the week of Aug. 3. For that timeline to hold, lawmakers need an ethics agreement by Thursday, July 30, one person said. “Recess deadlines are powerful tools,” Kristin Smith, president of the Solana Policy Institute, told CoinDesk.
While Congress debates, crypto markets have repositioned. Binance held roughly 55% of tracked user funds and 24% of spot trading volume through early July, according to a source familiar with the data. The exchange drew net inflows in the first week of July even as the broader tracked market saw outflows. The legislative uncertainty has not yet shaken the dominant exchange’s position.
The Senate’s agenda is full. Beyond Clarity, it must vote on nominations, including former SEC Chair Jay Clayton as Director of National Intelligence, and a Russia-Iran sanctions bill. The motion to proceed on Monday or Tuesday will be the first real test of whether the bill has the votes to move forward.
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