After retaking both chambers of Congress, Democrats are reportedly drafting a market structure bill that would hand the SEC more power and the CFTC less

Wed 11 Nov 2026 · 05:53 EST · 3 min read

In Crypto

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House Democrats are reportedly drafting their own crypto market structure bill, and it looks very different from the one the industry spent last year cheering for.

The early outline points to a tougher framework led by the Securities and Exchange Commission. That makes it a sharp turn away from the lighter-touch approach crypto firms had grown used to lobbying for.

The timing is no accident. Democrats won control of both chambers of Congress in the November 2026 midterm elections, and the new majority appears ready to revisit how digital assets get policed.

What Democrats are reportedly planning

The effort is still in its early stages. Industry sources who have spoken with House Financial Services Committee staff described the plans, but no official bill text has been released.

The target is the 120th Congress, which convenes in January 2027. That gives drafters a window to turn conversations into actual legislation, assuming the conversations hold together.

The proposal would reportedly build on Rep. Maxine Waters’ 2025 “Crypto Investor and Consumer Bill of Rights” amendment. That amendment never got a floor hearing. The House Rules Committee blocked it in an 8-4 vote.

The core shift involves who gets to be the main referee. The new framework would expand the SEC’s supervisory powers over crypto markets and intermediaries while narrowing the role of the Commodity Futures Trading Commission.

The draft is also expected to revive customer protection measures. Those reportedly cover how users can withdraw their funds and what happens when a platform suffers a security breach.

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Then there is the ethics piece. The proposal is expected to include provisions aimed at the crypto business activities of President Trump and other federal officials.

How we got here

To understand the pivot, rewind to July 2025. The House passed the Clarity Act by a vote of 294-134, a lopsided margin that suggested crypto had found real bipartisan footing.

The industry favored that bill, which leaned toward more relaxed oversight under the CFTC. It then stalled in the Senate and never made it across the finish line.

The midterms reshuffled the deck. Stand With Crypto, the industry-aligned advocacy group, endorsed 27 candidates in the November 2026 races. Twelve of them lost, and six races were still pending at the time of reporting.

What this means for banks, asset managers and crypto firms

Industry executives are making a pragmatic argument. Banks and asset managers, they say, care less about how strict the eventual rules are than about how predictable they are.

Executives are also urging firms to start preparing for tighter standards on custody, conflicts of interest and reserves now, rather than waiting for a final bill. Custody covers how client assets are held and protected. Conflict standards address cases where a firm profits at its customers’ expense. Reserve rules govern whether the backing behind a product actually exists.

The biggest open question is whether any of this can actually become law. Senate passage generally requires clearing a 60-vote threshold, and Democratic control of the chamber does not automatically deliver that number.

There is also a political risk layered on top. Ethics provisions aimed at Trump’s crypto dealings could harden opposition and turn a technical market structure debate into a partisan fight.

For now, several markers are worth tracking. The first is whether House Financial Services Committee Democrats release formal text once the new Congress convenes in January 2027. The second is how closely that text follows the Waters amendment that died in the Rules Committee. The third is whether any Republicans signal openness to a stronger SEC role.

Disclosure: This article was edited by John Chen. For more information on how we create and review content, see our Editorial Policy.