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U.S. CFTC chief puts staff on notice to create crypto regulations if Clarity Act fails

By Diego Whitfield · · 2 min read

The head of the U.S. Commodity Futures Trading Commission has signaled that his agency is prepared to write crypto rules on its own if Congress fails to pass sweeping market-structure legislation, according to remarks delivered to a newly formed advisory panel.

Regulator Ready to Act Alone

CFTC Chairman Mike Selig addressed the inaugural meeting of the agency's Innovation Advisory Committee, making clear that the commission does not intend to wait passively for lawmakers to settle the future of digital asset oversight. His comments underscore a growing sense of urgency among federal regulators to bring clarity to a market that has long operated in legal gray areas.

The message to CFTC staff was direct: if the Clarity Act stalls or dies in Congress, the agency should be ready to move forward with its own framework for governing crypto markets. That approach would rely on the commission's existing authority rather than new powers granted by legislation.

If lawmakers can't finish the job, the CFTC says it won't sit on its hands.

Legislation Still in Limbo

The Clarity Act represents one of Washington's most significant attempts to define how digital assets are regulated and to divide responsibilities between agencies. Its passage would establish clearer boundaries for oversight, but its fate in Congress remains uncertain amid competing priorities and political friction.

By putting staff on notice, Selig is preparing a contingency plan that would allow the CFTC to fill any regulatory vacuum. Industry participants have repeatedly called for firm rules, arguing that ambiguity has hampered innovation and left firms unsure of their legal obligations.

The Innovation Advisory Committee's debut gathering signals the agency's intent to engage more closely with the crypto sector and technology developers. Its role could prove central to shaping whatever framework emerges, whether from legislation or from the commission acting under its own initiative.

Key takeaways from the chairman's remarks include:

  • The CFTC will not remain idle if the Clarity Act fails
  • Staff have been directed to prepare regulatory options
  • The new advisory committee held its first session
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