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CLARITY fails, CFTC moves on crypto 'with or without' Congress

2026-10-05

A crypto market structure bill known as CLARITY failed to get through Congress. In response, the US Commodity Futures Trading Commission (CFTC) has joined the Securities and Exchange Commission (SEC) in proposing a framework for crypto. Cointelegraph reported the news on Oct 5, 2026.

CFTC Chair Michael Selig said the agency will keep working on crypto regulation whether or not Congress passes a law. He said President Donald Trump directed this work. He also said the CFTC is relying on the 'existing statutory authorities' it already has, not on new legislation.

So the fight is between two branches. Congress could not agree on a bill, and the regulators now say they will act without one. The report does not say what the CFTC framework contains, when it would take effect, or how its work will be divided with the SEC.

For someone already holding a perpetual position on Bitget, Bybit, MEXC or OKX, nothing changes directly today. The report names no rule on funding rates, trading fees or liquidity, and it does not mention any of these exchanges. Until the framework's actual terms are published, there is no known effect on what a perpetual position costs to hold.

Source: cointelegraph — CFTC joins SEC in proposing crypto framework after failed CLARITY vote

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