SEC Chair Paul Atkins has shared an important message with the crypto world. The CLARITY Act may have failed in the Senate, but the SEC is ready to step in.
Atkins thanked everyone who worked on the CLARITY Act, across the Administration, Congress, investors, and innovators. He called their collective conviction that America must lead indispensable. Then he committed.
“I have been unequivocal: with or without legislation, we will act decisively within the SEC’s statutory authority to deliver certainty for American investors and for the entrepreneurs shaping our technological future.” He closed with two words: “Stay tuned.”
My thanks go to everyone who put so much effort into the CLARITY Act— across the Administration, Congress, investors, and innovators. Our collective conviction that America must continue to lead is indispensable.
I have been unequivocal: with or without legislation, we will act…
— Paul Atkins (@SECPaulSAtkins) September 16, 2026
Atkins Commits to Acting Without Congress
The post came hours after the Senate failed to advance the CLARITY Act. The cloture vote landed at 49 yes and 50 no votes, far short of the 60 required. Months of negotiation, 126 Republican concessions, and a last-minute Democratic counter-offer couldn’t bring the bill through. Atkins responded immediately and publicly.
The CFTC Is Also Moving
Atkins is not operating alone. CFTC Chair Michael Selig made a nearly identical commitment in August. At the agency’s inaugural Innovation Advisory Committee meeting on August 20, Selig stated that if the CLARITY Act stalled, the CFTC would utilize its existing authorities to begin establishing a regime for crypto asset markets.
Selig directed CFTC staff to explore rules that would create a dedicated market structure for crypto assets. Under his proposed framework, registered and non-registered crypto exchanges could receive designation as a type of Designated Contract Market. He also directed staff to engage with developers of on-chain finance protocols to establish compliance pathways.
Both agencies are now aligned. Congress failed to deliver, but the regulators will move regardless.
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The SEC’s Rulemaking Is Already Underway
The SEC did not wait for the vote to begin acting. On September 1, the agency released a major rule proposal to update transfer agent regulations that have not changed since the late 1970s. The proposal allows transfer agents to use blockchain as the official record of securities ownership. Firms would report which blockchain platforms they use and how many tokenized securities they service.
Atkins has acknowledged that rules built on existing statutory authority lack the durability of legislation. However, the SEC and CFTC will move regardless. For the crypto industry, regulatory clarity is now coming through the agencies, not Congress.
Disclaimer: This content is meant to inform and should not be considered financial advice. The views expressed in this article may include the author’s personal opinions and do not represent Times Tabloid’s opinion. Readers are advised to conduct thorough research before making any investment decisions. Any action taken by the reader is strictly at their own risk. Times Tabloid is not responsible for any financial losses.
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