
Selig told crypto executives he will use existing authority to create a market structure for digital assets if Clarity Act remains stuck in the Senate.
CFTC Chair Michael Selig said Thursday he will impose a crypto regulatory framework using existing agency authority if Congress fails to advance the Clarity Act. The bill, which would give the CFTC primary oversight over spot digital-asset markets, has been stuck in the Senate since lawmakers left for August recess without a procedural vote. It is still short of the roughly six Democratic votes needed to clear the 60-vote threshold.
Speaking at the inaugural meeting of the agency's Innovation Advisory Committee, Selig told a room of crypto executives he is prepared to act unilaterally.
"If Clarity continues to stall because of Democrat obstruction, the CFTC will utilize its existing authorities to begin establishing a regime for crypto asset markets," Selig said.
He has already directed staff to explore rules that would codify a CFTC market structure for digital assets. If the bill does not move in September, Selig said he will direct them to formally propose those rules. "Rest assured, I will direct CFTC staff to move swiftly," he added.
The framework could bring both existing CFTC registrants and currently unregistered crypto exchanges under agency oversight. Leveraged and margined crypto trading would likely be permitted under rules tailored to digital assets, Selig indicated. He also told staff to engage directly with developers of onchain finance protocols on how they can operate legally in the U.S.
Selig said legislation remains his preferred path precisely because rules written by an agency can be unwritten by the next one. He called the bill "the surest way to prevent another Gary Gensler from running lawfare against crypto again."
The comments capped a busy week for crypto policy in Washington. On Tuesday, the SEC proposed its first formal crypto rules. On Wednesday, President Trump pushed the Senate on the Clarity Act and said Hyperliquid is coming to the U.S. Selig's remarks came one day later, confirming he is moving forward with a CFTC framework if Clarity stalls.
The Clarity Act needs about six Democratic votes to clear the Senate. No vote has been scheduled since the recess.
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