Paul Atkins Says SEC Will Act On Crypto Rules Without Congress If Needed

Paul Atkins Says SEC Will Act On Crypto Rules Without Congress If Needed

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Paul Atkins Says SEC Will Act On Crypto Rules Without Congress If Needed
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  • Atkins says the SEC can set crypto rules on its own if Congress stalls the bill.
  • The Clarity Act passed the Senate Banking Committee but awaits a full Senate vote. 
  • Project Crypto already built out a full Regulation Crypto rulemaking package.

SEC Chair Paul Atkins says his agency is prepared to move ahead with crypto market rules on its own authority if Congress fails to pass the Clarity Act. Legislation would still provide a more durable framework, one less exposed to shifts between administrations, but Atkins isn’t waiting on Capitol Hill to act.

Atkins said he’s optimistic Congress will pass the Clarity Act, and that the SEC is doing everything it can to assist lawmakers with technical questions along the way. He added that statute remains the best way to future-proof crypto regulation, but the agency is ready to issue its own rules if needed.

“I am committed to supporting Congress in advancing the CLARITY Act, including providing technical assistance. American leadership in the digital finance revolution means matching the energy of American innovators with a regulatory framework worthy of them,” Atkins said.

SEC’s Own Framework Is Already Taking Shape

Atkins’s Project Crypto, announced in November, has already produced a Regulation Crypto rulemaking package on the agency’s 2026 agenda. It covers token registration exemptions and a safe harbor for decentralized projects, giving the SEC tools to act with or without Congress.

The Clarity Act passed the House 294-134 in July last year and cleared the Senate Banking Committee 15-9 in May. It has not reached a full Senate floor vote, where it would need 60 votes to pass. The Senate breaks for recess in August, adding pressure to the timeline.

Atkins On Why Market Structure Matters

Speaking on CNBC about the broader IPO market, Atkins pointed to what he calls a real shift in tone. “It’s part of a market reaction to a change of regulatory tone and approach at the SEC,” he said, revealing more than 400 new IPOs in the last four quarters raised over $180 billion, four times the prior year’s total.

He argued the deeper issue is structural. “Right now we have 40% fewer public companies than we had 30 years ago,” Atkins said, calling it “a shame” that so many companies stay private and out of reach for everyday investors.

Although Atkins said legislation remains the preferred path for creating a durable regulatory framework, he emphasized that the SEC is prepared to move forward with rulemaking under its existing authority if Congress does not pass the Clarity Act. 

Related: Crypto Clarity Act Vote Delayed as Senate Faces August Recess Deadline

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