What could happen if the CLARITY Act fails to pass in 2026

With lawmakers in the US Senate set to consider legislation pushed by many in the cryptocurrency industry for regulatory clarity, there’s a limited window for the bill to become law, potentially delaying it into the next session of Congress with different politics in play.

The US Senate is scheduled to return to session on Monday after more than a month in which lawmakers were on state work periods. Senator John Thune, the Republican majority leader in the chamber, has scheduled a cloture vote on the Digital Asset Market Clarity (CLARITY) Act for Tuesday, in which his compatriots will need support from a handful of Democrats to meet the 60-vote threshold and overcome a filibuster.

Should the bill fail to advance with a three-fifths supermajority, the Senate will have less than 36 days of business before 2027, when a new session of Congress is scheduled to be sworn in, one where Democrats could be in control, depending on the outcome of November’s midterm elections.

Senator Cynthia Lummis, one of CLARITY’s biggest supporters, warned on Sept. 6 that the “next real opportunity” for the bill to pass might not be until 2030 if lawmakers were unable to reach an agreement and send it to the president’s desk. She is also not running for reelection in 2026.