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Senate Blocks Crypto Market Structure Bill in 49-50 Procedural Vote

The Senate voted 49-50 against advancing the Clarity Act, with Democrats demanding divestment rules after Trump reported over $1.4 billion from crypto businesses.

Outputs

  1. Senate fell 11 votes short of the 60 needed to advance the Clarity Act, voting 49-50 on Tuesday.

  2. Trump reported more than $1.4 billion from crypto businesses last year, including over $500 million from World Liberty Financial, per his Office of Government Ethics disclosure.

  3. Crypto industry spent more than $130 million on 2024 congressional races, including $40 million in Ohio.

  4. The House and Senate are out of session during October, and the bill's fate may hinge on the November midterms.

The U.S. Senate on Tuesday blocked legislation to create a new regulatory framework for cryptocurrency, falling short of the 60 votes needed to advance the industry-backed Clarity Act in a 49-50 procedural vote, after Democrats demanded stronger limits on President Donald Trump's crypto investments.

The vote marks a pivotal election-year test for the $2.3 trillion cryptocurrency market, which has pushed aggressively for a uniform set of federal rules. Republicans hold a 53-47 majority but required Democratic support to reach the 60-vote threshold. The defeat comes two months before the midterm elections and leaves the bill, in development for more than a year, stalled indefinitely.

At the center of the standoff is Trump's family crypto portfolio. Trump reported more than $500 million in revenue from World Liberty Financial sales of crypto products, including governance tokens, in his annual disclosure filed with the Office of Government Ethics — a significant share of the more than $1.4 billion the president reported from crypto businesses last year. His family holds a controlling stake in World Liberty Financial, a firm co-founded with the president's special envoy Steve Witkoff. The family also profited from a meme coin announced the day before Trump took office for his second term, with top investors invited to a private reception with the president.

"Let's make sure that we do not pass a crypto bill that will let Donald Trump continue to rake in billions of dollars in crypto profits while working families across this country struggle to deal with higher prices and an economy that gets worse by the day," said Massachusetts Sen. Elizabeth Warren, the top Democrat on the Senate Banking Committee.

Concessions fell short

Trump agreed to some ethics concessions as Democratic opposition hardened, including new restrictions barring federal elected officials from issuing digital assets such as the presidential meme coins he and First Lady Melania Trump launched. On Sunday he accepted additional concessions, among them expanded enforcement powers for state attorneys general that Democrats had sought.

Democrats said the final Republican proposal still lacked sufficient enforcement teeth. They also wanted a divestment requirement triggering whenever a president's crypto holdings reach a certain value.

The latest version of the legislation "leaves a lot to be desired," said Arizona Sen. Ruben Gallego, who participated in last-minute negotiations with Republicans. Democrats delivered a counteroffer late Monday to expand the ethics provision, but no deal emerged.

North Carolina Sen. Thom Tillis, a Republican who worked with Gallego to strengthen the ethics language, said before the vote he was pleased with Trump's latest concessions. "We're so close," Tillis said. "It's just a shame to not take this opportunity."

Wyoming Sen. Cynthia Lummis, a lead sponsor, warned beforehand that a no vote means "opposing real ethics reforms on politicians' personal investments, handing American leadership in digital assets to our foreign competitors, and leaving Americans with zero protections in the digital asset markets." As talks continued Tuesday morning, Lummis posted on X that it was "now or never for the Clarity Act," adding: "The time for negotiating is over."

Political spending in the background

The vote played out against heavy industry political spending. In 2024, crypto companies spent more than $130 million on congressional races, including $40 million in Ohio and $10 million each in Arizona and Michigan, according to the Associated Press. Opponents argue the spending shaped the legislative calculus.

"It's no secret that they are seeking to ram a bill through Congress based upon not the merits of the bill, but the threat that they will spend even more money in elections against people who vote against it," said Connecticut Sen. Chris Murphy.

A stablecoin law enacted last year barred members of Congress and their families from profiting off that asset class, but the restriction did not extend to the president or his family. Supporters of the Clarity Act say the market-structure bill would give firms legal certainty, strengthen enforcement against bad actors, and add consumer protections.

The House and Senate will be out of session during October and ahead of the November elections. The legislative dynamics could shift significantly if Democrats win back the House, the Senate, or both — potentially reopening negotiations over the ethics provisions that sank this version.

via htv-prod-media.s3.amazonaws.com (Original)

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Marcus Bennett

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Senior reporter covering business strategy at Mempool Brief.

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