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

The US Senate has a limited window to pass a crypto market structure bill, but if it were to fail, the legislation could be completely remade or scrapped under Democrats in 2027.

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.

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