
Senate Majority Leader Thune filed cloture on the CLARITY Act, setting up a Sept. 15 vote that needs 60 votes. Moreno says agreement in place; Witt warns Democrats.
Senate Majority Leader John Thune filed cloture on the motion to proceed to the CLARITY Act on Friday, setting the stage for a floor vote when the Senate returns from its August recess.
Thune said the bill is "first thing" on the calendar after senators come back around Sept. 14. A vote could come as early as Sept. 15. The cloture motion, filed on H.R. 3633, requires 60 votes to overcome a filibuster. Whether the bill commands that level of bipartisan support is an open question.
Sen. Bernie Moreno, an Ohio Republican who helped negotiate the bill, posted on X that an agreement is in place. "There is absolutely nothing to 'iron out,'" Moreno wrote. "An agreement was reached weeks ago and ALL parties to that agreement will be expected to keep their commitments. Period." He said he expects all Republican senators to vote for the bill and that Democrats now face a choice: "whether the industry will be handed to China or the US will lead the way."
Patrick Witt, the White House's lead on digital asset legislation, struck a less confident tone. "If Democrats do not support the bill on the 15th, they never will," Witt posted.
The CLARITY Act would establish a federal framework for classifying digital assets as securities or commodities, shifting primary rulemaking authority to the Commodity Futures Trading Commission. The SEC would retain jurisdiction over tokens that meet the Howey test. The Senate has been negotiating the bill since last summer. Eleven months of talks between Senate Republicans and Democrats have concluded, Moreno said.
The vote comes at a politically sensitive moment. Only a few weeks remain before attention shifts to the midterm elections, where pro-crypto Republicans risk losing control of the House or Senate. Failure to secure 60 votes would push the bill past the midterms, when the balance of power could shift.
Sen. Chuck Schumer and other Democrats who previously signaled support for crypto legislation blocked the bill from advancing before the recess. Moreno framed the coming vote in geopolitical terms, arguing that U.S. leadership in digital asset regulation is at stake.
Moreno anticipates a vote at 2:15 p.m. on Tuesday, Sept. 15.
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