Washington Puts the Boots on the CFTC: The SEC is Coming for Your Crypto Custody
(SeaPRwire) -The rules are changing before the dust settles on the election. House Democrats are drafting a new crypto market structure bill. It targets custody safeguards and SEC oversight. This is not just another vote. It is a fundamental shift in who watches the digital dollars. The proposal expands the Securities and Exchange Commission's power. It shrinks the Commodity Futures Trading Commission's role. This reverses the trajectory set by the CLARITY Act. The industry is watching every move. The core idea builds on Rep. Maxine Waters’ 2025 amendment. That proposal included a Crypto Investor and Consumer Bill of Rights. It demanded 24-hour withdrawals. It required bankruptcy-remote custody. It called for monthly proof of reserves. Auditors would attest to these reserves. The House Rules Committee blocked this. The vote was 4-8 against considering amendment 31. That happened on July 14, 2025. It was a procedural block, not a final rejection of the law. Now, the text is back in the drafting phase. The new bill adds more to the table. It includes round-the-clock customer service standards. It proposes insurance or SIPC-like protections. It mandates fiduciary duties. It sets best-execution standards. It bans anti-front-running. Eleanor Terrett reported on this scoop on November 4. She cited three industry sources. Crypto In America followed up on November 5. They cited four sources. The drafts have been in development since summer. This places the work before the November 3 election results. The final provisions are not public yet. This move pits two federal regulators against each other. The CLARITY Act favored a CFTC-led framework. It focused on digital commodity spot markets. The Senate rejected a motion to advance CLARITY on September 15, 2026. The vote was 49-50. Senator Thom Tillis moved to reconsider that procedural vote. Democrats are seizing the gap. They want the SEC to lead. This creates a regulatory fork in the road. The CFTC loses its prime turf. The SEC gains jurisdiction over assets previously under commodity law. The stakes extend beyond custody. The bill addresses DeFi and government ethics. It proposes tailored anti-money-laundering rules. These could force intermediary-style requirements on decentralized finance. It also targets conflicts of interest. Rep. Waters had a separate amendment 30 for officials. This covered presidents, vice presidents, and lawmakers. It targeted their immediate family members. It limited crypto-related financial interests. Republican sources called this a messaging bill. No published draft confirms these obligations yet. DeFi developers are building blind spots into their code to avoid jurisdiction. The next custody bill will determine if those loopholes get sealed by federal audit requirements.
More