
Sen. Tim Scott accuses Elizabeth Warren's team of trying to push crypto offshore. The CLARITY Act needs 60 votes Sept. 15. Polymarket sees a 20% chance of passage by year-end.
Senate Banking Committee Chairman Tim Scott accused Elizabeth Warren's team of trying to drive crypto activity from the United States as the CLARITY Act stalled ahead of a Sept. 15 procedural vote requiring 60 senators.
Footage from the Wyoming Blockchain Symposium, recorded at the SALT Conference on Aug. 18, showed Scott blaming the Massachusetts Democrat and her allies for holding up the Digital Asset Market Clarity Act.
"Elizabeth Warren's team wants to run Bitcoin and crypto out of the country," Scott said.
The South Carolina Republican also charged Democrats with repeatedly moving the "goalposts" for political reasons. He argued the bill would not advance unless Republican lawmakers pushed for a floor vote.
Scott's remarks put Warren, the Banking Committee's ranking Democrat, at the center of the dispute over the most ambitious digital asset market structure bill Congress has considered. Warren and other Democrats have pushed for stronger investor safeguards, financial-crime controls, and restrictions on crypto businesses tied to elected officials.
Democratic Sen. Ruben Gallego warned the day after Scott's speech that rushing the bill to the floor could damage bipartisan negotiations. Gallego, one of two Democrats who backed the committee's version, said lawmakers still needed to resolve several parts of the proposal.
Senate Majority Leader John Thune filed cloture on the motion to proceed to H.R. 3633 before the August recess, according to the Senate Daily Press. The motion ripens at 2:15 p.m. on Sept. 15, one day after senators return. Approval would let the chamber begin formal consideration, not final passage.
Senators could still debate the bill, offer amendments, and vote on the final text. Any Senate version that differs from the House-approved measure would need further action from the lower chamber before reaching President Donald Trump.
Supporters need at least 60 votes to clear the Senate's cloture threshold. Republicans cannot reach that number alone, leaving Scott dependent on Democrats and independents even as he criticizes Warren's role.
The House passed its version in July 2025 by 294 votes to 134, with 78 Democrats joining Republicans. The Senate Banking Committee advanced its section of the legislation in May by 15 votes to nine.
Democratic Sens. Gallego and Angela Alsobrooks supported the committee measure. Their votes gave Scott a bipartisan result but fell well short of the Democratic support needed on the floor.
The Sept. 15 vote will test whether negotiators have secured enough support to open debate. Solana Policy Institute CEO Miller Whitehouse-Levine put the bill's chance of passing before the November midterms at 10%, while prediction markets were more optimistic, crypto.news reported.
Polymarket traders assigned about a 20% probability to the bill becoming law during 2026 as of Aug. 19. Whitehouse-Levine's estimate covered passage before the midterms; the Polymarket contract allows lawmakers until Dec. 31.
The bill would divide authority over digital assets between the Securities and Exchange Commission and the Commodity Futures Trading Commission. The CFTC would get primary authority over spot markets for qualifying digital commodities. The SEC would continue regulating securities and certain investment contracts. Both agencies would handle registration, disclosure, and market conduct.
Crypto exchanges, brokers, and dealers covered by the legislation would have to register under new federal rules. The bill also addresses customer asset protection, anti-money laundering requirements, and disclosures for digital asset businesses.
Developers of certain non-custodial software could receive protection from being treated as money transmitters solely because they publish or maintain software. Law enforcement groups objected to earlier language, arguing it could limit investigations involving decentralized finance.
Several organizations changed their positions after lawmakers revised the provisions. The National Fraternal Order of Police, representing more than 382,000 members, endorsed the updated language in July after concluding it preserved authorities used in digital asset investigations.
A separate coalition of police chiefs also backed the revised proposal. Other prosecutors and enforcement organizations continued seeking changes, making the developer provisions one of several issues senators must manage before securing enough floor votes.
Lawmakers released a 616-page merged draft in late July, combining work from the Banking and Agriculture committees. Each committee oversees different parts of the proposed regulatory structure because the SEC falls under Banking jurisdiction and the CFTC falls under Agriculture jurisdiction.
Restrictions involving elected officials and their crypto interests remain among the hardest issues to settle. Democrats have sought rules addressing digital asset ventures connected to the president, senior officials, and their families. Their concerns include Trump-linked crypto businesses and whether a sitting president should be allowed to issue, promote, or profit from digital assets while influencing federal policy.
Republican Sen. Thom Tillis has worked on a bipartisan ethics proposal intended to address some objections. Industry executives have pointed to negotiations with the White House as a possible route to an agreement. Lawmakers had not released a final compromise as of Aug. 20.
Stablecoin rewards have created another divide. Banks have pushed for restrictions preventing crypto platforms from paying yield or rewards on payment stablecoins, warning such products could draw deposits away from regulated institutions.
Crypto companies argue a sweeping restriction could limit competition and extend beyond the rules Congress adopted for stablecoin issuers. Negotiators have not publicly confirmed final language that satisfies both groups.
Financial-crime controls and the treatment of decentralized protocols also remain under discussion. Warren and aligned Democrats have pressed for stronger measures covering illicit finance and national security. Crypto advocates have warned against applying obligations designed for financial intermediaries to software developers who do not control customer funds.
A July report on the Senate's delayed vote found that disputes over ethics, DeFi protections, and stablecoin rewards persisted even after major law enforcement groups supported revised provisions.
Scott presented the dispute in Wyoming as a choice between passing federal rules and allowing crypto businesses to leave the country. His accusation against Warren went further than earlier Republican appeals for bipartisan cooperation.
Warren has argued that digital asset legislation must contain sufficient consumer protections and prevent public officials from using their positions for personal financial gain. Democrats aligned with her have also questioned whether current enforcement provisions would adequately cover money laundering and national security risks.
Not every Democrat opposing an immediate vote has rejected market structure legislation. Gallego said on Aug. 19 that rushing the process could weaken the chance of reaching a bipartisan deal. He also said the White House had not supplied detailed feedback on bipartisan ethics language sent by Senate negotiators. Along with the ethics dispute, he identified stablecoin rewards and unresolved Agriculture Committee provisions as matters requiring further work before the legislation advances.
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