Republican negotiators dropped a refreshed draft Sunday night and framed it as their final attempt to answer Democratic demands.
The update incorporates what Republicans describe as major pieces of a crypto ethics agreement hammered out by Sens. Thom Tillis, R‑N.C., and Ruben Gallego, D‑Ariz., with Trump now on board for those additions. One key item for Democrats would empower state attorneys general to police ethics obligations for federal officeholders.
The White House is pressing for movement too. In an emailed statement, it said, "The President has been unequivocal: Congress must pass the CLARITY Act so we can stay ahead of foreign competitors and lead the world in innovation," and, "The Trump Administration has worked tirelessly with Congress on the CLARITY Act and has already agreed to the most comprehensive and wide-ranging ethics provision in history."
The Clarity Act is designed to establish a comprehensive framework regulating cryptocurrencies and other digital assets. It advanced out of the Senate Banking Committee in May, but it has lingered for months while leaders hunt for 60 votes. If every senator is present, Republicans would still need at least seven Democrats to reach 60 votes and overcome a filibuster. A successful test vote on Tuesday would cut off debate and let the Senate start advancing the bill toward passage, but the headcount remains murky as banks and crypto firms intensify last‑minute lobbying.
Only two Democrats supported moving the bill in committee, and many say they will not back it unless the ethics language goes further to address Trump, his family and federal officials profiting from crypto ventures. Sen. Chris Van Hollen, D‑Md., laid out his objections in a Sunday video on X: "I can assure you that I'm not hearing from my constituents that their No. 1 concern is to pass the Clarity Act." He added, "This is a bill that is masquerading as a way to create good regulation and protection for consumers with respect to cryptocurrency, but it has some big problems that have not been fixed." He concluded, "We can't let this pass."
Even so, a Democratic aide familiar with the talks said enough Democrats might vote to keep the bill alive. "If Senators have concerns about the bill, they can offer an amendment after we agree to take it up," Sen. Bernie Moreno said in an X post.
The White House has also hinted at more concessions on ethics and other issues, but only if senators first clear Tuesday's test, according to the aide.
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Banks contend they won't back the legislation unless it prohibits interest‑style payouts on stablecoins, arguing such rewards could pull deposits into higher‑yield crypto accounts. To address those concerns, Republicans inserted a stablecoin compromise that instructs the Treasury secretary to curb rewards if a significant deposit outflow from community banks takes place.
Banking groups are unconvinced. In a Monday letter, the Independent Community Bankers of America and seven other associations wrote, "Additionally, the inclusion of a deposit-flight 'circuit breaker' is an acknowledgment that shifting deposits from regulated financial institutions into payment stablecoins can threaten credit availability and create broader economic consequences," but warned, "However, a circuit breaker that activates only after substantial deposit flight has already occurred is not a safeguard at all." They also said, "Further technical refinements are needed to ensure that the text clearly and directly prohibits interest-like payments on payment stablecoins."
Timing is tight too.
Crypto players sound upbeat regardless. Coinbase CEO Brian Armstrong told CNBC the bill is ready for Senate support, but he also argued clarity is coming either way: "Frankly, if it doesn't pass, it's also going to be a good outcome because the SEC and the CFTC have said that they're ready to publish rulemaking, and we're going to get regulatory clarity one way or another on the 15th or the day or two after," he said. Last week, Coinbase reached a deal with Moov, a financial services provider, to give community banks access to stablecoin features; CNBC first reported the agreement, which backers say could ease concerns that the Clarity Act would overshadow community banks.
CNBC received a statement from Brooke Ybarra of the American Bankers Association, the group's SVP overseeing innovation and strategy, who said, "bankers across the country have had the chance to speak with their senators about the importance of preserving the deposits that support local lending." She added, "We appreciate the growing number of lawmakers who share our concerns with the current interest loophole in the bill and recognize that targeted changes to the Clarity Act can strengthen the legislation and improve its chances of clearing the full Senate." She closed with, "We remain optimistic that the Senate will ultimately consider an improved Clarity Act that embraces innovation without undermining the economy."
Tuesday's vote decides whether the Senate keeps the Clarity Act moving. If it advances, expect more changes on ethics and stablecoin yields before anything gets a final vote. If it stalls, regulators like the SEC and CFTC could set the near‑term rules as soon as mid‑month, which would still reshape how crypto operates.
For anyone who holds, trades, or just watches digital assets, this is about who writes the next chapter of crypto policy. That affects stablecoin payouts, how platforms run, and what safeguards might exist for everyday investors.
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