Bipartisan Bill Shifts Crypto Oversight to CFTC to Resolve Regulatory Limbo

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Tuesday, Nov 11, 2025 12:32 am ET2min read
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Aime RobotAime Summary

- U.S. lawmakers propose shifting crypto regulation from SEC to CFTC via a bipartisan bill, reclassifying most digital assets as commodities.

- The draft aims to resolve regulatory ambiguity stifling innovation, building on stalled House CLARITY Act efforts during the 38-day government shutdown.

- Market

surged as shutdown relief pushed above $105k, with ETF outflows persisting amid anticipation of clearer CFTC-led oversight.

- Critics warn of CFTC resource constraints, while proponents highlight its commodity expertise as a balanced framework for crypto markets.

The U.S. cryptocurrency landscape is undergoing a pivotal shift as bipartisan lawmakers propose transferring regulatory authority from the Securities and Exchange Commission (SEC) to the Commodity Futures Trading Commission (CFTC). The draft bill, introduced by Senators John Boozman (R-Ark.) and Cory Booker (D-N.J.), seeks to designate the CFTC as the primary regulator for spot digital commodity markets, framing most crypto assets as commodities rather than securities

. This move aligns with industry demands for clearer oversight and aims to resolve jurisdictional ambiguities that have stymied innovation and investor confidence.

The proposal builds on the House-passed CLARITY Act, which sought to clarify crypto's regulatory framework but stalled during the 40-day government shutdown that began in late October

. During this period, federal agencies like the SEC and CFTC operated with minimal staffing, halting reviews for crypto ETFs and delaying key legislative progress. The shutdown, driven by partisan disputes over healthcare funding, froze economic activity and cost an estimated $10–$30 billion weekly, compounding uncertainty for markets.

As lawmakers near a resolution to end the shutdown, crypto markets have shown signs of recovery. , which had retreated from recent highs amid regulatory limbo, surged above $105,000 following news of a Senate deal to reopen the government. The agreement, which awaits final House approval, has alleviated investor anxiety and spurred a broad rally across digital assets. Tokens like (ETH), (SOL), and saw renewed buying interest, with institutional flows and DeFi activity contributing to the rebound.

The Senate's draft bill underscores a growing consensus that the SEC's enforcement-driven approach has hindered crypto's growth. By shifting oversight to the CFTC-a regulator with expertise in commodities-the legislation aims to balance innovation with consumer protections

. Proponents argue the CFTC's experience in markets like oil and gold provides a robust framework for digital assets, while critics warn of potential resource constraints. The bill also mandates expanded CFTC staffing and funding to address the sector's rapid evolution.

Market participants are closely watching how the regulatory realignment interacts with ongoing ETF approvals. The CFTC's role in overseeing spot markets could streamline the path for crypto ETFs, though challenges remain in defining rules for staking services and stablecoins

. With the government shutdown easing and regulatory clarity on the horizon, analysts suggest the sector may see a "buy the dip" rally, particularly if ETF launches gain momentum.