SEC Chair Paul Atkins confirmed the agency can issue crypto market rules if Congress fails to pass the CLARITY Act. Senate priorities and unresolved ethics negotiations reduced time available
SEC Chair Paul Atkins revealed that the agency is prepared to issue crypto market rules if Congress fails to pass the CLARITY Act. Speaking during an interview with CNBC, Atkins explained that the SEC can move forward under its existing authority while lawmakers work on broader legislation. He also reiterated that congressional approval remains the preferred solution because it would provide lasting legal certainty.
According to Atkins, the SEC can address many of the market structure issues covered by the CLARITY Act through its own rulemaking process. However, he said legislation would establish a stronger legal foundation and provide regulators with clearer responsibilities for overseeing digital assets. He added that a statutory framework would also help maintain consistent oversight across future administrations.
Moreover, Atkins stated that the SEC is providing technical assistance to lawmakers as they evaluate the proposed legislation. He emphasized that the agency remains fully prepared to issue regulations if Congress cannot complete the legislative process.
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According to the report, the Senate has placed digital asset market structure legislation behind a Russia sanctions package and presidential nominations on its legislative agenda. Consequently, lawmakers have limited time to consider the CLARITY Act before beginning their August recess.
Additionally, negotiations over government ethics provisions tied to President Donald Trump’s crypto interests have yet to resolve. Those outstanding issues have added another obstacle to advancing the legislation during the current session.
As a result, the SEC could become the primary source of new crypto market regulations if Congress does not approve the bill. The agency has indicated that it can issue rules covering many of the same areas addressed by the proposed legislation.
— Crypto Briefing (@Crypto_Briefing) July 28, 2026
According to Atkins, the SEC is “ready, willing and able” to introduce regulations that provide greater clarity for the digital asset market. He explained that those rules could establish a regulatory framework while Congress works through remaining legislative issues.
Besides SEC rulemaking, the Commodity Futures Trading Commission could assume additional responsibilities if comprehensive legislation remains pending. Implementation of the GENIUS Act could also shape the next phase of federal crypto oversight should lawmakers fail to complete the CLARITY Act.
Although the SEC prefers Congress to pass the CLARITY Act, the agency has made clear that it will not delay regulatory efforts indefinitely. Atkins indicated that existing authority gives the commission the ability to establish rules addressing several important areas of the crypto market while lawmakers determine the bill’s future.
Congress still holds the key to creating a permanent regulatory framework for digital assets. However, the SEC has confirmed that it is prepared to issue crypto market rules if the CLARITY Act does not become law, allowing regulatory progress to move forward under the agency’s existing authority.
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