SEC Chair: SEC Will Set Its Own Crypto Rules if Clarity Act Stalls

SEC Chair Paul Atkins has signaled that the agency is prepared to implement its own regulatory framework for digital assets if the Clarity Act fails to pass the U.S. Senate. While the bill successfully cleared the House with a 294-134 vote and passed the Senate Banking Committee 15-9, it has currently stalled without a floor vote. Atkins emphasizes that congressional legislation is preferable to agency rulemaking because statutes provide long-term stability that cannot be easily reversed by future administrations. To prepare for a potential legislative failure, the SEC has developed a 'Regulation Crypto' package, which is currently on the agency's 2026 agenda. This initiative includes proposed rules for token registration exemptions, custody standards, and a safe harbor for projects transitioning toward decentralization. The uncertainty surrounding the bill's passage creates significant regulatory risk for the RWA market, as the Clarity Act would shift jurisdiction over most digital commodities to the CFTC. Without this statutory clarity, the industry remains reliant on administrative guidance, such as the March joint guidance that classified 16 tokens as digital commodities. This ongoing regulatory ambiguity impacts how RWA protocols structure their operations and compliance frameworks.