CFTC pursues crypto market rules after CLARITY Act Senate defeat
CIE News ·
The CFTC is moving forward with administrative crypto rulemaking for retail trading and market venues following the Senate's failure to pass the Digital Asset Market Clarity Act.
The Commodity Futures Trading Commission is advancing administrative crypto rules following legislative inaction on Capitol Hill, according to reports from Baker Botts and GuruFocus. The initiative follows the U.S. Senate's failure to invoke cloture on the Digital Asset Market Clarity Act of 2025 on September 15, 2026, in a 49–50 vote.
On October 5, 2026, the agency issued an Advanced Notice of Proposed Rulemaking to gather feedback on a regulatory framework for retail crypto transactions under Commodity Exchange Act Section 2(c)(2)(D). The outlined regime centers on Regulation Crypto Asset Transactions, or Regulation CTX, alongside Regulation Crypto Asset Markets, or Regulation CAM, which would establish a dedicated market venue tier using existing statutory powers.
On October 12, 2026, former CFTC Acting Chair Caroline Pham confirmed the administrative push, stating that the agency holds statutory jurisdiction over most markets. However, House Financial Services Committee Chairman French Hill stated that administrative rulemaking cannot substitute for comprehensive legislation from Congress.