Employees who were furloughed during the US government shutdown are expected to return to work at the Securities and Exchange Commission and Commodity Futures Trading Commission after 43 days away.
According to the operations plans with the SEC and CFTC, staff are expected to return on Thursday, following US President Donald Trump’s signing of a funding bill late on Wednesday to resume federal operations.
The two agencies’ respective plans require employees to come in on the “next regularly scheduled workday […] following enactment of appropriations legislation,” which acting CFTC chair Caroline Pham appeared to confirm in a Thursday X post.
Source: Caroline D. Pham
Amid the government shutdown, both agencies had fewer staff and reduced operations. In the SEC’s case, this limited its ability to review applications for exchange-traded funds, including those tied to cryptocurrencies. The CFTC’s plan said it would “cease the vast bulk of its operations,” including enforcement, market oversight and work on regulatory rulemaking.
With the reopening of the government, however, the SEC and CFTC may need some time to catch up on activities, such as reviewing registration applications submitted in the previous 43 days. Some companies submitted IPO and ETF applications amid reports that the shutdown would likely end soon.
“I’m sure some [companies] took the position that they could just submit [an application to the SEC] knowing it’s not going to be looked at until they get back, but at least they’re in the queue,” Jay Dubow, a partner at law firm Troutman Pepper Locke, told Cointelegraph.
He also warned of the possible ramifications of the SEC going through repeated shutdowns:
“Every time you go through something like this, there’s the risk of things just slipping through the cracks in various ways.”
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During the shutdown, officials with both financial regulators regularly spoke at conferences on their approach to cryptocurrencies, sometimes commenting on their availability and addressing the reduced operations.
“Within limits, we’re still obviously functioning,” said SEC Chair Paul Atkins on Oct. 7, less than a week into the lapse in appropriations. “There are restrictions on what we can and can’t do, especially for staff […] I can still come and do things like this [referring to the conference].”
Before the funding bill had been resolved, Akins said that the SEC planned to consider “establishing a token taxonomy” in the coming months, “anchored” in the Howey test to recognize that “investment contracts can come to an end.” Pham, similarly, said the CFTC had been pushing for approval of leveraged spot cryptocurrency trading as early as December.
Prospective CFTC chair scheduled for Senate hearing
Michael Selig, who serves as chief counsel for the SEC’s crypto task force, is scheduled to appear before the Senate Agriculture Committee on Wednesday as part of Trump’s push to have him confirmed as the next CFTC chair. Though the hearing could likely have moved forward amid the shutdown, Selig’s authority with the agency, had he been confirmed, would have been severely limited.
Pham is expected to leave her position as acting chair should the Senate confirm Selig. However, even if he were to be installed quickly, the CFTC would still face a dearth of leadership, with only one Senate-confirmed commissioner out of the usual five.
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