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It’s Over for Waiting on Congress: SEC and CFTC Make 9 Moves to Write Crypto Rules Without the CLARITY Act

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Ad Home / Crypto News / It’s Over for Waiting on Congress: SEC and CFTC Make 9 Moves to Write Crypto Rules Without the CLARITY Act It’s Over for Waiting on Congress: SEC and CFTC Make 9 Moves to Write Crypto Rules Without the CLARITY Act 30 Sep, 2026 By Pardon Joshua Pardon Joshua

Pardon Joshua Ngushual is a B2B crypto content writer and SEO/AEO specialist with over five years of experience covering blockchain, digital assets, and Web3 markets. He writes for leading crypto publications including CoinGape, CoinMedium, CoinNewsSpan, UnoCrypto, The Crypto Times, and Token Minds, with a portfolio spanning breaking news, market analysis, price predictions, prediction markets, and long-form editorial features on stablecoins, real-world assets (RWA), and blockchain PR. An Ahrefs-certified marketing professional, Pardon combines editorial craft with data-driven search strategy, building reusable content frameworks and optimizing for both traditional SEO and emerging AI-answer engines. He has developed full editorial pipelines aligned to strict publication house styles and delivered content audits and SEO strategy proposals for fintech and crypto clients. Read full bio Copied! Why Trust CoinGape CoinGape has covered the cryptocurrency industry since 2017, aiming to provide informative insights to our readers. Our journal analysts bring years of experience in market analysis and blockchain technology to ensure factual accuracy and balanced reporting. By following our Editorial Policy, our writers verify every source, fact-check each story, rely on reputable sources, and attribute quotes and media correctly. We also follow a rigorous Review Methodology when evaluating exchanges and tools. From emerging blockchain projects and coin launches to industry events and technical developments, we cover all facets of the digital asset space with unwavering commitment to timely, relevant information. Highlights

The CLARITY Act is dead for 2026. The Senate failed cloture 49–50 on September 15, falling 11 votes short of the 60 needed

But U.S. crypto regulation has not stalled. The SEC and CFTC have collectively made at least nine concrete regulatory moves, and they did it without waiting for Capitol Hill

Within 24 hours of the Senate vote, SEC Chair Atkins confirmed the crypto agenda will proceed even if the CLARITY Act stalls

CFTC Chair Michael Selig echoed that position. Both regulators said existing statutory authority is enough to build a working framework

On September 17, the SEC issued the Innovation Exemption, a five-year conditional window for Tokenized Securities Venues to trade tokenized U.S. stocks

The same day, the CFTC cleared the path for crypto developers to build trading tools without broker registration. Both moves landed on the same calendar date, not by accident

The market felt the CLARITY Act loss immediately. Spot Bitcoin ETFs bled $450 million after the Senate blocked CLARITY, the biggest single-day outflow since June

Fidelity’s FBTC shed $214.8 million. BlackRock’s IBIT lost $161.7 million. Ether ETFs followed with $141.47 million in exits

Coinbase CEO Brian Armstrong had already told the market that crypto gets regulatory clarity even if the CLARITY Act fails the Senate test. That framing is now the base case

The SEC and CFTC have not been idle. Their joint token taxonomy in March classified BTC, ETH, XRP, SOL, and DOGE as digital commodities

A harmonization MOU ended years of jurisdictional overlap. The CFTC launched an Innovation Advisory Committee with Coinbase, Ripple, and Robinhood CEOs at the table

Updated CFTC crypto FAQs landed on September 24, telling registered firms exactly how they can use blockchain

Franklin Templeton partnered with Bybit the same week to offer tokenized money-market funds while Congress remained gridlocked

ARK Invest launched its tokenized ARKVX fund on Ethereum. Products are shipping. The CLARITY Act was optional

There are limits to what agencies can do. Rules written without a statute can be reversed by a future commission

The Innovation Exemption is temporary and volume-capped. The CFTC’s proposed crypto market rule, “Regulation Crypto Asset Transactions and Regulation Crypto Asset Markets”, is still under White House OIRA review and is not yet final

Senator Lummis warned that if the CLARITY Act misses this Congress, market structure legislation slips to 2030

Midterm math makes a 2026 revival effectively zero. For now, Atkins and Selig hold the pen, and they are writing

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CoinGape has covered the cryptocurrency industry since 2017, aiming to provide informative insights Read more… to our readers. Our journal analysts bring years of experience in market analysis and blockchain technology to ensure factual accuracy and balanced reporting. By following our Editorial Policy, our writers verify every source, fact-check each story, rely on reputable sources, and attribute quotes and media correctly. We also follow a rigorous Review Methodology when evaluating exchanges and tools. From emerging blockchain projects and coin launches to industry events and technical developments, we cover all facets of the digital asset space with unwavering commitment to timely, relevant information

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