The SEC is ready to step in with crypto regulations if the CLARITY Act doesn't pass Congress. Chair Paul Atkins confirmed the agency has plans to use its existing powers to address digital asset markets, though he still favors legislation as the best way to lock in long-term protections.
Despite the Senate Banking Committee advancing the bill 15-9, the full Senate vote remains pending. Atkins stressed that agency rulemaking can’t grant the Commodity Futures Trading Commission broad authority over digital commodity spot markets, which is why lawmakers’ action is key. Still, the SEC’s agenda for 2026 includes clearer guidelines on crypto fundraising, custody, and tokenized securities trading on-chain.
Atkins also noted the agency's ongoing technical support to Congress, emphasizing the importance of a solid regulatory framework to match the pace of American innovation. While SEC rules could tighten financial responsibility requirements and market structures for crypto assets and broker-dealers, only legislation can fully protect these standards from future rollbacks.
