
CFTC Chair Michael Selig plans crypto asset rules if the CLARITY Act stalls in the Senate, directing staff on margin trading and developer protections.
CFTC Chair Michael Selig told the agency's new Innovation Advisory Committee on Thursday that he will not wait indefinitely for Congress to pass the CLARITY Act, a crypto market structure bill currently stalled in the Senate.
In prepared remarks, Selig said he had directed CFTC staff to write rules allowing registered and non-registered entities to offer leveraged or margined crypto trading, and to explore legal protections for developers. If the CLARITY Act fails to reach President Trump's desk, he plans to push those rules forward by administrative action.
"We're going to give CLARITY its breathing room for a vote, but if the Democrats cannot support a bipartisan work product, which reflects compromises from both sides of the aisle, and ultimately send a fair version of the bill to the President's desk, then rest assured, I will direct CFTC staff to move swiftly to propose these new rules for the industry," Selig said.
The CLARITY Act is paused until the Senate returns from recess in September. Majority Leader John Thune is expected to hold a cloture vote on the legislation at that point, but it would need 60 votes to pass the chamber and return to the House, where it would then require a final vote before going to Trump.
Selig spoke one day after standing alongside Trump and crypto industry leaders at a White House meeting. Trump urged Congress on Wednesday to pass a "fair version" of the bill, claiming it would keep the U.S. "ahead of China."
The political math in the Senate remains uncertain. Democratic lawmakers have pressed for stronger ethics provisions in the market structure bill, specifically to address the Trump family’s crypto investments, which generated an estimated $1.4 billion for the president in 2025. Trump said Wednesday that a "lot of Democrats" approve of CLARITY, but whether enough will support it to clear the 60-vote threshold is far from clear.
Selig’s approach mirrors the SEC’s. On Tuesday, the securities regulator released proposed rules for digital asset regulation that would give crypto companies a safe harbor from tokens being treated as "investment contracts" and offer certain exemptions for issuers.
Selig is the only Senate-confirmed commissioner at the CFTC, which is supposed to have a bipartisan group of five members in its leadership panel. He has been solely responsible for directing the agency’s agenda since December. The Innovation Advisory Committee also discussed artificial intelligence and prediction markets on Thursday. Under Selig, the CFTC has asserted "exclusive jurisdiction" over prediction markets on the grounds that event contracts on platforms like Kalshi and Polymarket qualify as swaps. The agency has filed lawsuits against state-level authorities challenging that stance.
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