After the CLARITY Act failed to pass an important Senate vote, the US crypto industry is now looking to financial regulators for guidance. With the measure receiving only 49 votes to 50 against in the Senate, passage fell just short of the 60 vote supermajority. As a consequence, progress on efforts to create complete regulatory frameworks for the crypto space has been temporarily stalled.
Efforts have switched to analyzing the possible regulatory frameworks being thought about by the U.S. Securities and Exchange Commission (SEC) and the U.S. Commodity Futures Trading Commission (CFTC). Despite the failure, market participants expressed their desire for regulatory clarity to see rules while Congress is split.
Not invoked, 49-50: Motion to invoke cloture on the motion to proceed to Cal. #423, H.R.3633, Clarity Act.
— Senate Cloakroom (@SenateCloakroom) September 15, 2026
The CLARITY Act, also known as H.R. 3633, would create regulatory framework for digital assets and define the roles of the SEC and CFTC. Regardless, the Senate vote recorded a failure to reach the three-fifths majority. The cloture motion was defeated by a 49-50 vote, according to Senate records. Crypto companies are now focusing on what regulators can do next.
Industry representatives say the SEC and CFTC can keep making rules using their current powers. Former CFTC Chair J. Christopher Giancarlo also said both agencies can keep working even after the bill’s failure.
Ripple CEO Brad Garlinghouse said regulators can keep working on rules to address the gaps left by Congress. Jessica Martinez, US policy director at Fireblocks, also said her company will keep working with the SEC and CFTC if new laws do not pass.
This setback leaves businesses unsure about how rules for securities, commodities, and money transmission apply to different digital assets. Leading voices within the industry have expressed concern that making agency guidance the cornerstone of planning introduces greater long-term uncertainty, as regulatory policies can change without the passage of legislation.
The bill is still sitting on the Senate calendar. Following the vote, Senator Thom Tillis filed a motion to reconsider the bill. Until such a time that 60 votes are gathered, any attempt to vote on the bill would be futile.
This is not the end for the Clarity Act. We’ve made substantial bipartisan progress in large part because of the White House. This procedural motion allows us to continue working towards a positive outcome.
— Senator Thom Tillis (@SenThomTillis) September 15, 2026
The dwindling time available in the Senate, and the ever-approaching 2026 midterm elections, may offer very little window for a second attempt to introduce legislation. For now, crypto companies are closely watching Washington, as regulators are likely to have a bigger role in shaping US digital asset rules while Congress decides what to do next.
Source: dailypress.senate.gov
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