Congress Leaves Crypto on the Sidelines in the Final Weeks of 2026
New crypto legislation looks out of reach during the lame duck period, shifting attention to appointments at the SEC and CFTC and to rules for bitcoin mining.
Key Takeaways
- The U.S. crypto sector is not expecting any major new legislation in the final weeks of Congress.
- The Senate is mainly focused on appointments to the SEC and CFTC, which matter for future crypto policy.
- A separate infrastructure proposal could affect bitcoin mining through faster permitting and higher energy costs.
The U.S. crypto sector does not expect any major breakthrough in the final weeks of the current Congress. After a year in which crypto stayed unusually high on the political agenda, the odds look slim that new legislation will be passed quickly before the new Congress takes over in January.
Little Room for Crypto
According to several people involved, the so-called lame duck period is simply too short and too crowded for a new deal on crypto. Cody Carbone, CEO of the Digital Chamber, sees little chance of meaningful progress that could restart work on the stalled Digital Asset Market Clarity Act.
That bill was meant to bring more clarity to the rules for digital assets, but it already got stuck in the Senate earlier. The election results have also shifted the political balance, which has changed both parties' priorities again. Republicans now have only a few weeks left to wrap up their agenda, while Democrats have little reason to make major concessions at this point.
Appointments Take Priority
In the short term, the focus is mainly on confirming new regulators. President Donald Trump nominated two candidates for the SEC and two for the CFTC, including a Democrat in both cases. The Senate is handling those nominations this week or soon, and according to one market analyst, there is a good chance they will be approved before the end of the year.
For the crypto sector, that matters because the SEC and CFTC will shape a lot of policy around crypto, prediction markets, and AI in the coming years. Kristin Smith of the Blockchain Association said the most important crypto rules in the U.S. are now being written by those two regulators. The Senate is also moving Trump’s SEC nominees onto the agenda unusually fast, with a hearing already scheduled for November 19.
Bitcoin Mining Stays on the Radar
There is still one bill that touches crypto indirectly: a plan to speed up permitting for data centers and other infrastructure. That also affects bitcoin mining, because miners often depend on data centers and power connections. The proposal would require companies to pay the full energy costs, which has drawn mixed reactions inside the industry.
Carbone said some miners support the proposal because of faster permitting and more clarity from Washington. Others are worried about higher energy costs and possible extra burdens for new network connections.
Why This Matters for Europe
For European crypto readers, this is mainly relevant because U.S. rules often spill over into the broader market and shape how major players approach crypto. If Congress does not produce much new, attention shifts to regulators like the SEC and CFTC, where the direction for the coming years may be set further. U.S. policy also remains important for bitcoin mining, because permitting and energy rules have a direct impact on the sector.