CFTC Sends Crypto Rulemaking to White House After Senate Rejects CLARITY Act

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The Commodity Futures Trading Commission submitted its crypto market rulemaking to the White House Office of Information and Regulatory Affairs on September 17, 2026, just two days after the Senate rejected the CLARITY Act by a narrow vote of 49 to 50. The filing, identified on Reginfo.gov as RIN 3038-AF80 and titled Regulation of Crypto Asset Transactions and Crypto Asset Markets, sits at the prerule stage, meaning it is an advance notice of a proposed rule rather than a rule exchanges can currently comply with, and its contents remain confidential while under review. Chairman Michael Selig, confirmed as the agency's 15th chairman on December 18, 2025, said on the day of the Senate vote that the agency was locked in and ready to ship rules, and his plan would create a new designated contract market category, a crypto asset market, allowing both current registrants and non-registrant crypto exchanges to offer leveraged or margined crypto trading under CFTC oversight without Congressional action. The process still requires two comment periods and two OIRA reviews, with Executive Order 12866 giving the White House up to 90 days plus a one-time 30-day extension, so publication could come in November or December 2026, a proposed rule in 2027, and a final binding rule potentially not in effect until late 2027. JPMorgan analysts noted on September 16 that agency rules are less durable than legislation because a future Commission could revise them and anyone with standing can challenge them in court under the Administrative Procedure Act, a concern relevant to XRP, which was among 18 digital assets classified as digital commodities in the March 17 joint interpretation by the SEC and CFTC, while Bitcoin's market structure rather than its status would change. The rule cannot grant the CFTC full authority over the spot market for digital commodities, which was central to the CLARITY Act and would require an act of Congress.

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JPMorgan Chase & Co
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JPMorgan analysts noted agency rules are less durable than legislation and can be challenged in court, a cautionary comment on the CFTC crypto rulemaking.

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