House Democrats are discussing a plan to turn Rep. Maxine Waters’ Crypto Investor and Consumer Bill of Rights into their own crypto market structure bill next Congress, with ideas that include a bigger role for the SEC and a smaller one for the CFTC, Eleanor Terrett reported Wednesday.
The proposal would fold in the Democratic Clarity Act provisions Waters offered in the House, which were not adopted, plus the provisions Senate Democrats were able to agree on with Republicans before September’s failed cloture vote. Terrett cited three industry sources who have spoken with Democratic staffers.
Further ethics provisions restricting the crypto activities of President Donald Trump and other federal officials are also likely, she wrote. Republicans are calling it a “messaging bill.”
No text for the crypto market structure bill has been released, and the details so far come from industry sources rather than from lawmakers.
The talks follow Tuesday’s Democratic sweep of Congress. Waters, the top Democrat on the House Financial Services Committee, is in line to take the gavel in January from Chairman French Hill, the Clarity Act’s sponsor.
Bloomberg Law reported Wednesday that the new majorities give Democrats leverage over the Clarity Act, the industry’s top legislative priority, starting with tougher ethics rules aimed at Trump’s ventures.
What the Waters amendment would do for crypto
Waters offered the bill of rights as amendment #31 to H.R. 3633 in July 2025. The House Rules Committee blocked it 4-8 along party lines, on a motion from Rep. Mary Gay Scanlon of Pennsylvania. Making an amendment “in order” lets the full House debate and vote on it, so the result kept the package off the floor.
The committee’s record lists what it would have required: 24/7 customer service, insurance or SIPC-like coverage, fiduciary and best-execution rules, anti-front-running rules, bankruptcy-remote custody with 24-hour withdrawals and monthly auditor-attested proof of reserves. It would also have sent more funding to the SEC and CFTC.
The committee rejected a second Democratic amendment by the same 4-8 margin. That one, from Rep. Joe Neguse of Colorado, would have barred members of Congress, presidents and vice presidents from issuing or endorsing digital assets. The ethics fight it previewed later followed the bill to the Senate.
SEC versus CFTC
The agency split is where a Democratic crypto market structure bill would break most sharply from the Republican one. The House-passed Clarity Act directs the CFTC to regulate most digital commodity trading, including exchanges, brokers and dealers, and exempts tokens on mature blockchains from SEC registration under certain conditions.
That design is the one the industry backed. A crypto market structure bill that moves supervision back toward the SEC would reverse it.
The Clarity Act passed the House 294-134 in July 2025 and failed a Senate cloture vote 49-50 on Sept. 15. Sen. Thom Tillis entered a motion to reconsider, which preserves the option of another vote, but the bill dies when this Congress ends on Jan. 3 unless the lame-duck session revives it.
Democrats now hold the leverage. “The industry and the Republicans screwed up. That was the best bill they were going to get,” Sen. Ruben Gallego of Arizona, a Senate Banking Committee member, said in comments reported by Bloomberg Law.
TD Cowen’s Jaret Seiberg wrote Wednesday that the sweep closes the door on Clarity for two years, and that Democratic investigations of the Trump family’s crypto ventures “may make it impossible to advance a version of Clarity that the crypto sector could back.”
A Democratic crypto market structure bill would still need Trump’s signature to become law. Whether one built around the SEC can draw enough Republican votes to get there, or remains the messaging bill Republicans say it is, is the question the next Congress opens with.
