
US banking groups warn CLARITY Act stablecoin-yield ban still leaves a Section 404 loophole
Banks signaled proposed edits within days as crypto firms push for a Senate markup next week.
A coalition of major US banking trade groups is pressing lawmakers to tighten the CLARITY Act’s language on stablecoin yield, arguing the latest draft still leaves a workable loophole. The push lands days before the crypto industry’s desired Senate markup, raising the odds of amendments or a timing slip into the 2026 midterm window.
Key Takeaways
- Five major US banking trade groups said the CLARITY Act’s updated stablecoin-yield language still “falls short” of prohibiting yield.
- Section 404, titled “Prohibiting interest and yield on payment stablecoins,” was flagged as a “significant loophole” that could still enable bank-like payouts outside banking rules.
- Sen. Thom Tillis defended the text as a compromise that bans rewards on idle stablecoin balances while allowing platforms to “offer other forms of customer rewards.”
- The bill cleared the House 294–134 in July (year not specified in the source) but has remained stalled as the yield dispute collides with a push for a Senate markup next week.
Bank Lobby Targets CLARITY Act Section 404 as a Stablecoin-Yield Loophole
The American Bankers Association, Bank Policy Institute, Consumer Bankers Association, Financial Services Forum, and Independent Community Bankers of America issued a joint statement arguing the CLARITY Act’s proposed stablecoin-yield prohibition is not tight enough.
The coalition said senators backing the current approach are “seeking to achieve the correct policy goal” but that the draft “falls short of that goal.” The groups framed the issue as a deposit-protection problem, warning that stablecoin yield can function like interest competing directly with bank accounts.
Their specific target was Section 404, labeled “Prohibiting interest and yield on payment stablecoins.” The bankers argued the provision leaves room for crypto platforms to pay users bank-like interest or yield outside traditional banking rules. “This is a significant loophole that must be addressed,” the statement said.
The timing matters for traders because the stablecoin-yield fight is now the gating issue for Senate progress. CLARITY already passed the House by a wide 294–134 margin in July, but the bill has been stalled on the yield and rewards dispute rather than broader partisan alignment.
What “Rewards on Idle Balances” vs “Other Customer Rewards” Means in Tillis’ Compromise
Sen. Thom Tillis defended the current text as a negotiated middle ground between banks and the crypto industry. He said the draft prohibits stablecoin rewards on idle balances while still allowing platforms to “offer other forms of customer rewards.”
That distinction is the policy fault line. If “idle balance” rewards are banned but other incentives remain permissible, platforms can potentially repackage economics into loyalty points, fee rebates, or activity-based programs. Banks are signaling they believe the current drafting still permits something economically equivalent to yield.
Tillis framed the compromise as necessary to move the bill and provide regulatory certainty. “Most importantly, it helps put us on a bipartisan path to pass the CLARITY Act, providing the regulatory certainty needed to foster innovation. Some in the banking industry may not want either of these things to happen, and we respectfully agree to disagree.”
Deposit-Flight Warnings Clash With White House’s $2.1B Lending Estimate
Banking groups reiterated a broader risk argument they have made previously: studies they cited suggest widespread stablecoin adoption could drive “trillions” in outflows from the US banking system, with community banks singled out as more exposed due to limited balance-sheet flexibility and potential reliance on higher-cost wholesale borrowing.
In the new statement, the coalition also cited an article by Stanford-trained economist Andrew Nigrinis arguing stablecoin yields driving deposit outflows “could reduce all consumer, small-business, and farm loans by one-fifth or more, making it essential for the prohibition to be clear and transparent.”
White House economists published a much smaller estimate in April, stating that banning stablecoin yield may increase bank lending by $2.1 billion, described as a marginal net increase of about 0.02%. The gap between these estimates is likely to become negotiation ammunition as lawmakers decide how strict Section 404 should be.
Markup Next Week, Amendments ‘In the Coming Days,’ and the Midterm Clock
The current CLARITY Act text was made public on Friday, and Coinbase and other crypto industry members pushed for a Senate markup next week. Against that backdrop, the banking coalition said it will provide “detailed suggestions for strengthening the proposed language with lawmakers in the coming days.”
That sets up a compressed negotiation window where headline risk is elevated. The market-relevant variable is whether the promised edits narrow the definition of prohibited yield, expand it to capture reward equivalents, or introduce compliance hooks that change how exchanges and stablecoin issuers can structure incentives.
Any public clarification from Tillis or other sponsors on how the bill distinguishes banned “rewards on idle balances” from allowed “other customer rewards” will be read as a signal on where the line is likely to land.
The political clock is also in view. Concerns have been raised that CLARITY may not pass before the November 2026 midterms, and a slip in timeline would keep regulatory uncertainty in place longer for platforms that rely on stablecoin reward programs.
The Yield-Ban Wording Is Becoming the Bill’s Market Catalyst
I don’t see this as a broad “crypto vs banks” narrative so much as a drafting fight over one economically meaningful edge case. The threshold that matters is whether Section 404 ends up banning only explicit interest on passive balances, or whether it also captures reward structures that replicate yield through points, rebates, or activity gating.
Near-term, this looks more like a sentiment catalyst than a fundamental shift because the bill is already through the House and the Senate bottleneck is concentrated in one clause. If the banking groups’ “detailed suggestions” land as a narrow technical fix and a markup happens next week, the setup starts to look structural rather than narrative-driven. If the language balloons into a broader restriction that forces a rewrite, the practical impact is a longer runway of uncertainty for stablecoin reward economics and the platforms built around them.