CFTC submits crypto market regulation plan for White House review
The U.S. Commodity Futures Trading Commission (CFTC) has submitted a new regulatory action concerning crypto market regulation to the White House for review. This move indicates the agency's progression in its oversight strategy for the digital asset sector.
The Office of Information and Regulatory Affairs received the action, titled “Regulation Crypto Asset Transactions and Regulation Crypto Asset Markets,” on September 17. It is currently designated at the “prerule” stage, signifying an early phase in the rulemaking process before formal proposal.
Agency Preparedness Post-Legislation Failure
The filing does not detail the planned regulation, and its submission follows the Senate's failure to advance the CLARITY Act, legislation intended to establish a federal regulatory framework for crypto markets.
Following the September 15 Senate vote, CFTC Chair Michael Selig stated the agency was prepared to implement crypto market regulation using its existing statutory authority. Similarly, SEC Chair Paul Atkins indicated the securities regulator would proceed with or without new legislation. Both agencies subsequently took action: the CFTC issued a no-action position for passive software providers, and the SEC announced temporary exemptions for certain platforms facilitating on-chain trading of tokenized securities.
CFTC's Proactive Stance
Selig had previously indicated the CFTC's readiness to advance crypto rules without new legislation. At an August 20 conference, he noted the agency was prepared to utilize its existing authority to establish a crypto asset market regime if the CLARITY Act encountered delays.
He had also directed CFTC staff to investigate rules that would allow existing registrants and unregistered crypto exchanges to become designated contract markets, termed “crypto asset markets,” enabling leveraged or margined crypto trading under CFTC supervision. Coinbase CEO Brian Armstrong also anticipated regulatory action post-vote, asserting that the SEC and CFTC possessed the necessary tools under existing authority to create clear rules and expected them to commence work on the matter.