CFTC Initiates Crypto Rulemaking Process, Moves Ahead of Congress

CFTC crypto rulemaking — The U.S. Commodity Futures Trading Commission (CFTC) has formally begun a rulemaking process for crypto asset transactions and markets, submitting a pre-rule to the White House for review.

The move signals the agency’s intent to build a regulatory framework for crypto derivatives using its own authority, following the collapse of the broader Clarity for Digital Tokens Act in Congress. The pre-rule submission, dated September 18, 2026, is the first step in a formal administrative procedure that will involve public notice and comment.

CFTC Chairman Michael Selig has previously emphasized the agency’s existing jurisdiction over crypto derivatives and its readiness to act. This action effectively bypasses a stalled legislative process, where comprehensive crypto market structure bills have repeatedly failed to advance.

The rulemaking initiative focuses specifically on transactions and markets involving crypto assets, which fall under the CFTC’s purview as commodities. It represents a shift from waiting for congressional action to establishing rules through the agency’s administrative powers.