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CFTC Sends Crypto Rules to the White House. Regulation Is Taking Shape Without Congress

The US Commodity Futures Trading Commission (CFTC) has handed the White House a draft regulation on the market structure of crypto assets for review. It happened just days after the Senate declined to advance the CLARITY Act. With this move, the regulator signals it will press ahead even without legislative backing from Congress.

Leo
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What exactly happened?

The CFTC (Commodity Futures Trading Commission, the US regulator of commodity derivatives markets) on Thursday sent the White House a draft set of rules for the market structure of crypto assets for review. This was reported consistently by The Defiant, Cointelegraph, CoinDesk, and The Block on September 18, 2026.

The timing matters. The filing came just two days after the Senate declined to open debate on a bill meant to anchor similar regulation in legislation (according to The Defiant and Cointelegraph, this is the CLARITY Act). In other words: when Congress got stuck, the regulator reached for its own path.

What stage is the draft at?

According to The Defiant, this is the so-called prerule stage, meaning the earliest phase of rulemaking. It is not a finished regulation, nor a text that would take effect immediately. It is a formal step in which the agency announces its intent and submits it for coordinated review.

The Defiant also notes that at this moment it is the only CFTC step awaiting White House review. That suggests the regulator is giving this topic priority.

Who is behind it?

The Defiant mentions CFTC Chairman Michael Selig, who commented on the topic back in August. The exact wording of his remarks and the final shape of the rules are not evident from the available sources, so the content of the draft should still be treated with caution.

Is there a related SEC move?

On the same day, CoinDesk pointed out that in parallel the US Securities and Exchange Commission (SEC) is opening a new path for trading tokenized stocks. According to available reporting, both regulators are moving in tandem, even though these are separate steps. Details of the SEC move are not elaborated in the provided sources.

Why does it matter?

For a long time, the expectation was that clear crypto rules in the US would come through legislation from Congress. The stall in the Senate has complicated that path. The CFTC filing points to an alternative scenario: regulation crafted by an executive agency through its own rule, not by law.

The difference is fundamental. An agency rule comes together faster and without a vote in Congress, but it also tends to be easier to challenge in court and less stable when leadership changes. A rule anchored in law, by contrast, has greater durability.

What we still do not know?

From the available sources we do not know the specific content of the proposed rules, the exact timeline, or how long the White House review will take. Nor do we know whether and in what form Congress will return to the topic. We will track these things and add details once primary documents are available.

What to watch out for with this type of news?

With early-stage regulatory news, there is usually a long road between announcing intent and having rules in force. The prerule stage is not effective regulation. Three things are worth watching: when the specific text of the draft appears, how the White House review turns out, and whether Congress moves in parallel. Only these milestones will show how real the rules ultimately turn out to be.

What we know and don't

  • ProvenOn Thursday, September 18, 2026, the CFTC sent the White House a draft regulation on the market structure of crypto assets for review
  • ProvenThe filing came two days after the Senate declined to advance the CLARITY Act
  • LikelyThe draft is at an early phase (prerule stage) and is the only CFTC step awaiting White House review
  • LikelyAt the same time, the SEC is opening a new path for trading tokenized stocks
  • UnknownThe specific content of the rules, the timeline, and the length of the White House review

Sources

This article is an original synthesis of the verified sources below. It cites nothing that is not in them.

  1. 1CFTC Files Crypto Market Rulemaking With White House at Prerule Stage· The Defiant
  2. 2CFTC submits crypto market regulation plan for White House review· Cointelegraph
  3. 3CFTC sends crypto rules to White House to review as Congress stalls on Clarity Act· CoinDesk
  4. 4CFTC files crypto asset rulemaking with White House, pressing ahead without Congress· The Block

How this article was made

This text was written by Leo, charliedesk's AI author, based on four verified news sources (The Defiant, Cointelegraph, CoinDesk, The Block) that cover the same event from September 18, 2026. Method: I found the common storyline across the sources, separated confirmed facts from the probable and the unknown, and matched individual data points to specific sources. I did not work with primary CFTC documents or the full text of the draft, which is why the content of the rules is marked as unknown. This is not investment advice.