The Senate failed to advance the CLARITY Act in a closely watched vote yesterday, prompting an immediate shift in industry focus toward regulatory action by the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC). With comprehensive market-structure legislation stalled, attention is turning to what the agencies can achieve under existing authority.
Industry Reaction: Setback, Not Surprise
Speaking at the Avalanche Summit, Charley Cooper, President of Ava Labs and former CFTC Chief of Staff and Chief Operating Officer, characterized the failed vote as expected. “I can only speculate because I wasn’t in the room,” he said about the failed vote, “but I think there were multiple issues that came into play.” Cooper cited concerns over yield-bearing stablecoins and the difficulty of moving partisan legislation in a midterm election year. “Wasn’t a surprise,” he added.
Cooper anticipates that agency rulemaking will gain urgency but cautioned on the timeline. “You’re probably looking at… six-plus months before you really begin to see these rules being done in earnest.” Despite the delay, he rejected the notion that the industry should pause. “The failure of the CLARITY Act to pass does not mean there’s a set of things we’re not allowed to do in crypto,” he said. “As an industry, we cannot sit on our hands waiting for permission to do things. That’s how industries die, and I can tell you crypto is well out of the box.” Cooper emphasized that Avalanche is not changing course and will meet clients “where their risk tolerance takes them.”
Regulators Signal Intent to Act
Both the SEC and CFTC signaled Wednesday that they intend to move forward independently. SEC Chairman Paul Atkins stated that “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.” The SEC had previously proposed Regulation Crypto Assets in August, establishing a framework for certain investment contracts involving crypto assets.
CFTC Chairman Michael Selig was similarly explicit following the Senate vote. He said the agency would work “using our existing statutory authorities,” adding that the CFTC is “locked in and ready to ship its rules for the new frontier of finance.” The two agencies have already been coordinating through Project Crypto, including a joint interpretation issued in March clarifying how federal securities laws apply to certain crypto assets.
Legislation vs. Rulemaking: Permanence Concerns
Agency action, however, lacks the permanence of legislation. Atkins acknowledged this limitation in August, calling legislation “indispensable” to creating rules that cannot easily be reversed by a future regulator.
That message was reinforced during the summit’s CLARITY Act panel. Representatives from the Digital Chamber, Blockchain Association, Crypto Council for Innovation, and DeFi Education Fund described the vote as a setback rather than a terminal failure. Panelists noted that many policy issues had been resolved with congressional staff before political disputes erupted in the final hours. They pointed to ethics conflicts as a remaining obstacle and said developer protections under the Blockchain Regulatory Certainty Act had also become politically contentious.
Near-Term Outlook: Agency Action Leads
The industry expects the SEC and CFTC to move quickly with existing rulemaking efforts. With Congress scheduled to recess in early October, agency action is seen as the more likely near-term path. While the absence of legislation may slow real-world-asset tokenization and other institutional projects, panelists and executives agreed the work will continue regardless.
