Overview
Title
To provide for the regulation of payment stablecoins, and for other purposes.
ELI5 AI
The GENIUS Act of 2025 is a rule that tries to make sure special digital coins called stablecoins are safe and fair for everyone by having adults check who can make and use them. It wants to stop any sneaky business by setting up a lot of new rules and making sure these coins are always backed up with real money.
Summary AI
S. 919, also known as the Guiding and Establishing National Innovation for U.S. Stablecoins Act of 2025 or the GENIUS Act of 2025, aims to regulate the issuance and treatment of payment stablecoins in the United States. The bill prohibits anyone other than authorized issuers from issuing these digital assets and establishes standards for reserve backing, disclosure, and risk management for approved issuers. It assigns regulatory authority to federal banking agencies and the Office of the Comptroller of the Currency, and sets requirements for anti-money laundering compliance. It also provides a framework for State-level oversight and establishes priority claims in insolvency proceedings for holders of payment stablecoins.
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Keywords AI
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Bill Statistics
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AnalysisAI
General Summary of the Bill
The proposed legislation, referred to as the "Guiding and Establishing National Innovation for U.S. Stablecoins Act of 2025" or the “GENIUS Act of 2025,” aims to regulate the issuance and management of payment stablecoins within the United States. Payment stablecoins are a type of digital asset designed to maintain a stable value and are used for payments. The bill includes extensive definitions and sets forth requirements that entities, referred to as "permitted payment stablecoin issuers," must meet to issue these stablecoins. It outlines regulatory oversight, supervision, and enforcement mechanisms at both federal and state levels. The legislation also incorporates provisions related to anti-money laundering measures, interoperability standards, and the handling of stablecoins during insolvency proceedings.
Summary of Significant Issues
One significant issue is the lack of clarity regarding the term "primary Federal payment stablecoin regulators." The bill does not specify which federal bodies are included, leading to potential jurisdictional ambiguity. Additionally, the definition of "permitted payment stablecoin issuer" is not thoroughly clarified in several sections, creating uncertainty about which entities are authorized to issue stablecoins.
Another concern is the exclusion of payment stablecoins from being classified as securities or commodities, possibly creating regulatory gaps that could undermine financial oversight. The language regarding penalties, which includes potential fines up to $1,000,000 and imprisonment, is also vague, lacking clear criteria for enforcement.
The section on reciprocity arrangements for stablecoins issued overseas does not clearly define what qualifies as a "substantially similar" regulatory regime, potentially leading to regulatory arbitrage. Furthermore, the bill introduces complex language and technical references that may not be easily understood by the general public, creating barriers to compliance.
Impact on the Public
Broadly, this bill could significantly influence how digital assets are used and regulated in the United States. For the general public, this regulation could enhance consumer protection by ensuring that only compliant entities are allowed to issue stablecoins, thus reducing risks associated with digital asset transactions. However, the complexity of the bill might make it difficult for the public to understand the regulatory environment fully, which could lead to confusion regarding the use and acceptance of stablecoins in everyday transactions.
Impact on Specific Stakeholders
For financial institutions and potential stablecoin issuers, the bill establishes a structured path for regulatory approval, which might enhance confidence in the digital asset market. However, the bureaucratic burden of meeting all regulatory requirements and the risk of significant penalties could discourage smaller entities from entering the market.
On the positive side, enhanced anti-money laundering measures and oversight could attract institutional players who value compliance and stability, boosting the digital asset market's credibility.
For existing stablecoin issuers, the transition to compliance with these new regulations may be challenging. The bill does not provide clear guidance on how current issuers should transition, potentially disrupting their operations.
Lastly, for state regulators, the legislation empowers them to oversee stablecoin issuers but requires coordination with federal regulators. The absence of clear guidelines on this coordination could lead to inefficiencies or conflict between federal and state oversight.
Overall, while the GENIUS Act of 2025 aims to bring much-needed regulatory clarity to the stablecoin market, its complexity and potential gaps could pose challenges for both regulators and participants in the digital finance ecosystem.
Financial Assessment
The bill titled the Guiding and Establishing National Innovation for U.S. Stablecoins Act of 2025 addresses several key financial elements concerning the regulation of payment stablecoins. This commentary will discuss financial references within the bill, its implications, and how these relate to the issues identified.
Financial Penalties and Violations
Several sections within the bill specify financial penalties for violations. Section 3 states that any individual who knowingly participates in the unauthorized issuance of a payment stablecoin may face a fine of up to $1,000,000, imprisonment for up to 5 years, or both. Similarly, Section 6 details civil penalties for different levels of violations by permitted payment stablecoin issuers, with fines ranging from $100,000 per day for minor violations to more severe breaches. These financial penalties underscore the regulatory seriousness imposed by the bill, though they also raise concerns about enforcement criteria, as mentioned in the issues section. Without clear guidelines, there might be inconsistent application of these fines, leading to legal ambiguities.
Reserve Requirements and Financial Commitment
The bill implies significant financial responsibilities for permitted payment stablecoin issuers to maintain adequate reserves. Section 4 outlines that such issuers must maintain reserves backing their stablecoins on at least a 1:1 basis with highly liquid assets like U.S. currency, Treasury bills, and demand deposits. This requirement enforces financial stability but also places a considerable burden on smaller entities, as noted in the issues regarding bureaucratic procedures, which could lead to overly burdensome financial commitments.
State-Level and Federal Financial Framework
For smaller stablecoin issuers operating under State-level regulatory regimes, Section 4 allows such entities to opt for a State-level regime, provided their total outstanding issuance does not exceed $10 billion. The financial threshold seeks to create a balance between State and Federal oversight, yet it may lead to regulatory inefficiencies if the criteria for State-level regulatory frameworks are not clearly established, an issue highlighted in the commentary.
International Financial Relations
Section 16 addresses reciprocal financial arrangements with overseas jurisdictions. The bill mandates the creation of bilateral agreements with countries having similar regulatory standards to facilitate international transactions involving U.S. dollar-denominated stablecoins. However, without clear definitions of what constitutes "substantially similar" regimes, there is potential for international regulatory arbitrage, leading to disparities in financial oversight.
Financial Reporting and Compliance Costs
The requirement for an annual financial statement for issuers with over $50 billion in outstanding issuances emphasizes transparency and accountability. However, the complexity of this requirement might be a financial burden for compliant entities due to the need for extensive financial auditing and reporting procedures. This aspect of the bill is mentioned in the issues as a potential challenge due to the procedural burdens it places on issuers.
In summary, the bill imposes significant financial responsibilities and penalties on stablecoin issuers to promote a stable and regulated digital asset market. However, issues such as ambiguous penalty enforcement, potential regulatory gaps, and the complexity of compliance procedures pose challenges that may impact smaller entities more significantly.
Issues
The bill provides significant authority to the primary Federal payment stablecoin regulators while not clearly defining which specific federal bodies these regulators refer to, creating potential jurisdictional ambiguity (Sections 2, 5, 6).
The process for determining what constitutes a 'material change in circumstances' in application evaluations is not clearly defined, leading to potentially inconsistent or arbitrary assessments (Section 5).
The exclusion of payment stablecoins from being classified as securities or commodities might create a regulatory gap, potentially undermining financial oversight (Section 15).
The language surrounding penalties, including potential fines up to $1,000,000 and imprisonment, is vague without clear criteria for enforcement, leading to potential inconsistent application (Sections 3, 4).
The section on 'Reciprocity for payment stablecoins issued in overseas jurisdictions' does not define what constitutes 'substantially similar' regulatory regimes, potentially leading to international regulatory arbitrage (Section 16).
The section lacks clear guidelines on the coordination between Federal and State regulators, potentially leading to inefficiencies or delays (Section 18).
The term 'permitted payment stablecoin issuer' is not clearly defined in several sections, leading to potential ambiguity in understanding who is authorized to issue stablecoins (Sections 3, 4).
There is no specific guidance on the transition process for existing stablecoin issuers to become compliant with new regulations, potentially creating disruption in the industry (Section 3).
The legislation introduces complex language and technical references that may not be easily understood by the general public or smaller stakeholders, creating barriers to compliance (Sections 4, 6, 10).
The reporting requirements for permitted payment stablecoin issuers involve complex procedures and significant bureaucratic burden, which may be overly burdensome for smaller entities (Sections 4, 5).
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The section names the Act as the “Guiding and Establishing National Innovation for U.S. Stablecoins Act of 2025,” also referred to as the “GENIUS Act of 2025.”
2. Definitions Read Opens in new tab
Summary AI
This section provides definitions for various terms related to financial regulations and digital assets. It includes terms like the "Bank Secrecy Act," which refers to specific legal provisions, "digital asset," which is any form of digital value stored on a secure ledger, and "payment stablecoin," which is a type of digital asset used for payment with a stable value. Other definitions cover various organizations, such as the "Comptroller" and the "Federal Reserve Board," as well as different types of institutions like "insured depository institutions" and "nonbank entities."
3. Issuance and treatment of payment stablecoins Read Opens in new tab
Summary AI
In this section, it is stated that only certain authorized issuers can create payment stablecoins in the United States, and those not issued by an authorized issuer cannot be used for specific banking transactions. Violators can face fines up to $1,000,000, imprisonment for up to 5 years, or both, and such cases can be referred to the Attorney General.
Money References
- (c) Penalty for violation.— (1) IN GENERAL.—Whoever knowingly participates in a violation of subsection (a) shall be fined not more than $1,000,000 for each such violation, imprisoned for not more than 5 years, or both. (2) REFERRAL TO ATTORNEY GENERAL.—If a primary Federal payment stablecoin regulator has reason to believe that any person has knowingly violated subsection (a), the primary Federal payment stablecoin regulator shall refer the matter to the Attorney General.
4. Requirements for issuing payment stablecoins Read Opens in new tab
Summary AI
The text outlines strict regulations for issuing payment stablecoins, requiring issuers to maintain sufficient reserves, disclose information, and adhere to rigorous financial and risk management standards. It mandates state-level regulatory options, criminal penalties for false certifications, and specific rules to ensure financial stability, while also prohibiting misleading claims about government backing and restricting individuals with certain felony convictions from serving as officers or directors of stablecoin issuers.
Money References
- (B) CONFORMING AMENDMENT.—Section 324(b) of the Revised Statutes (12 U.S.C. 1(b)) is amended by adding at the end the following: “(3) REGULATION OF FEDERAL QUALIFIED NONBANK PAYMENT STABLECOIN ISSUERS.—The Comptroller of the Currency shall, in coordination with other relevant regulators and consistent with section 18 of the Guiding and Establishing National Innovation for U.S. Stablecoins Act of 2025, issue such regulations and orders as necessary to ensure financial stability and implement section 4(a) of that Act.”. (10) AUDITS AND REPORTS.— (A) ANNUAL FINANCIAL STATEMENT.— (i) IN GENERAL.—A permitted payment stablecoin issuer with more than $50,000,000,000 in consolidated total outstanding issuance, that is not subject to the reporting requirements under sections 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)), shall prepare, in accordance with generally accepted accounting principles, an annual financial statement, which shall include the disclosure of any related party transactions, as defined by such generally accepted accounting principles.
- — (1) OPTION FOR STATE-LEVEL REGULATORY REGIME.—Notwithstanding the Federal regulatory framework established under subsection (a), a State qualified payment stablecoin issuer with a consolidated total outstanding issuance of not more than $10,000,000,000 may opt for regulation under a State-level regulatory regime, provided that the State-level regulatory regime is substantially similar to the Federal regulatory framework under that subsection.
- — (1) DEPOSITORY INSTITUTION.—A State chartered depository institution that is a State qualified payment stablecoin issuer with a payment stablecoin with a consolidated total outstanding issuance of more than $10,000,000,000 shall— (A) not later than 360 days after the payment stablecoin reaches such threshold, transition to the Federal regulatory framework of the primary Federal payment stablecoin regulator of the State chartered depository institution, which shall be administered by the State payment stablecoin regulator of the State chartered depository institution and the primary Federal payment stablecoin regulator acting jointly; or (B) beginning on the date the payment stablecoin reaches such threshold, cease issuing new payment stablecoins until the payment stablecoin is under the $10,000,000,000 consolidated total outstanding issuance threshold.
- (2) OTHER INSTITUTIONS.—A State qualified payment stablecoin issuer not described in paragraph (1) with a payment stablecoin with a consolidated total outstanding issuance of more than $10,000,000,000 shall— (A) not later than 360 days after the payment stablecoin reaches such threshold, transition to the Federal regulatory framework under subsection (a) administered by the State payment stablecoin regulator of the State qualified payment stablecoin issuer; or (B) beginning on the date the payment stablecoin reaches such threshold, cease issuing new payment stablecoins until the payment stablecoin is under the $10,000,000,000 consolidated total outstanding issuance threshold.
- (3) WAIVER.— (A) IN GENERAL.—Notwithstanding paragraphs (1) and (2), the applicable primary Federal payment stablecoin regulator may permit a State qualified payment stablecoin issuer with a payment stablecoin with a consolidated total outstanding issuance of more than $10,000,000,000 to remain solely supervised by a State payment stablecoin regulator.
- (2) PENALTY.— (A) IN GENERAL.—Whoever knowingly participates in a violation of paragraph (1) shall be fined not more than $1,000,000 for each such violation, imprisoned for not more than 5 years; or both. (B) REFERRAL TO ATTORNEY GENERAL.—If a Federal payment stablecoin regulator has reason to believe that any person has knowingly violated paragraph (1), the Federal payment stablecoin regulator shall refer the matter to the Attorney General.
5. Approval of subsidiaries of insured depository institutions and Federal qualified nonbank payment stablecoin issuers Read Opens in new tab
Summary AI
The bill outlines the process for how banks and nonbank entities can apply to issue payment stablecoins. It details how the applications will be reviewed, the criteria for approval or denial, timelines for decisions, and how to handle denials, including the right to a hearing and reapplication. Regulators are also required to report annually to Congress about applications that remain incomplete for more than 180 days.
6. Supervision and enforcement with respect to subsidiaries of insured depository institutions and Comptroller-regulated entities Read Opens in new tab
Summary AI
The section outlines the supervision and enforcement rules for stablecoin issuers in the U.S., with specific obligations for reporting, examinations, and penalties for violations. Stablecoin issuers must comply with oversight by federal regulators, who can take actions like suspending registrations or imposing fines if the regulations are not followed.
Money References
- (a) Supervision.— (1) IN GENERAL.—Each permitted payment stablecoin issuer that is not a State qualified payment stablecoin issuer with a payment stablecoin with a consolidated total outstanding issuance of less than $10,000,000,000 shall be subject to supervision by the appropriate primary Federal payment stablecoin regulator.
- — (A) FAILURE TO BE APPROVED.—Any person who issues a United States dollar-denominated payment stablecoin in violation of section 3, and any institution-affiliated party of such a person who knowingly participates in issuing such a payment stablecoin, shall be liable for a civil penalty of not more than $100,000 for each day during which such payment stablecoins are issued.
- (B) FIRST TIER.—Except as provided in subparagraph (A), a permitted payment stablecoin issuer or institution-affiliated party of such permitted payment stablecoin issuer that materially violates this Act or any regulation or order issued under this Act, or that materially violates any condition imposed in writing by the primary Federal payment stablecoin regulator in connection with a written agreement entered into between the permitted payment stablecoin issuer and the primary Federal payment stablecoin regulator, shall be liable for a civil penalty of up to $100,000 for each day during which the violation continues.
- (C) SECOND TIER.—Except as provided in subparagraph (A), and in addition to the penalties described under subparagraph (B), a permitted payment stablecoin issuer or institution-affiliated party of such permitted payment stablecoin issuer who knowingly participates in a violation of any provision of this Act, or any regulation or order issued thereunder, is liable for a civil penalty of up to an additional $100,000 for each day during which the violation continues.
7. State qualified payment stablecoin issuers Read Opens in new tab
Summary AI
State payment stablecoin regulators have the power to oversee payment stablecoin issuers in their state, and they can partner with the federal Board for supervision and enforcement. In emergencies, both the Board and Comptroller can take action against issuers to address financial risks, while state laws and host state consumer protections apply to stablecoin activities, except for laws about licensing and business authorization in the host state.
8. Anti-money laundering protections Read Opens in new tab
Summary AI
The section outlines rules to prevent money laundering related to digital assets, focusing on foreign issuers of payment stablecoins in the U.S. It defines terms, describes how foreign issuers will be designated as noncompliant if they don't follow lawful orders, and details penalties for violations, while allowing waiver and licensing options for certain situations.
Money References
- — (A) DIGITAL ASSET SERVICE PROVIDERS.—Any digital asset service provider that knowingly violates a prohibition under paragraph (1)(B) shall be subject to a civil monetary penalty of not more than $100,000 per violation per day.
- (B) FOREIGN PAYMENT STABLECOIN ISSUERS.—Any foreign issuer of payment stablecoin that knowingly continues to publicly offer a payment stablecoin in the United States after publication of the determination of noncompliance under paragraph (1)(A) shall be subject to a civil monetary penalty of not more than $1,000,000 per violation per day, and the Secretary of the Treasury may seek an injunction in a United States District Court to bar the foreign issuer from engaging in financial transactions in the United States or with United States persons.
9. Custody of payment stablecoin reserve and collateral Read Opens in new tab
Summary AI
In this section, the bill outlines rules for people or companies that hold or manage payment stablecoins for others, like making sure these coins and related items are kept separate from their own funds and are protected from creditors. It also states that they must follow certain regulations or similar rules set by agencies, and provide necessary information to regulators, but doesn't apply to those just offering software or tools for individuals to manage their own stablecoins.
10. Treatment of payment stablecoin issuers in insolvency proceedings Read Opens in new tab
Summary AI
This section explains how payment stablecoin issuers should be treated in bankruptcy cases, giving priority to people holding stablecoins over other creditors, and specifying that certain reserves must be maintained. It also allows relevant regulators to intervene in these cases and outlines how insolvency proceedings should be conducted for different types of stablecoin issuers.
11. Interoperability standards Read Opens in new tab
Summary AI
The section describes how federal regulators, working with various organizations, can create rules to ensure that payment stablecoins, which are a type of digital money, work well together and with the larger financial system. This means making sure these digital currencies can communicate with one another and the different financial technologies they interact with.
12. Study on non-payment stablecoins Read Opens in new tab
Summary AI
The Treasury Secretary will study non-payment stablecoins, a type of digital currency, to learn about their benefits, risks, and how they are used. A report will be presented to Congress within a year, covering various aspects such as technology, participants, usage, reserves, and how information is shared with consumers. An "endogenously collateralized payment stablecoin" is defined as a digital asset promising a fixed value that depends on another asset from the same creator.
13. Reports Read Opens in new tab
Summary AI
The section requires that, starting one year after the law is enacted, federal regulators provide annual reports to specific Senate and House committees and the Office of Financial Research about the payment stablecoin industry. These reports will cover trends, the number of licensing applications for issuing stablecoins, and potential risks to the financial system. Additionally, the Financial Stability Oversight Council will include these findings in its annual report.
14. Authority of banking institutions Read Opens in new tab
Summary AI
The section outlines the authority of banking institutions to engage in activities allowed by State and Federal law, including managing digital assets and stablecoins. It also specifies that when holding assets in custody, these institutions are not required to list them as liabilities or hold regulatory capital against them, unless it is necessary to address operational risks.
15. Amendments to clarify that payment stablecoins are not securities or commodities and permitted payment stablecoin issuers are not investment companies Read Opens in new tab
Summary AI
The proposed amendments clarify that payment stablecoins, when issued by authorized stablecoin issuers, are not classified as securities or commodities under several existing financial laws, including the Investment Advisers Act, the Investment Company Act, the Securities Act, the Securities Exchange Act, the Securities Investor Protection Act, and the Commodity Exchange Act, as defined in the Guiding and Establishing National Innovation for U.S. Stablecoins Act of 2025.
16. Reciprocity for payment stablecoins issued in overseas jurisdictions Read Opens in new tab
Summary AI
The Secretary of the Treasury is tasked with forming agreements with other countries that have similar rules about stablecoins—digital currencies linked to a stable asset like the US dollar. These agreements aim to help international transactions and make sure that stablecoins issued in other countries work smoothly with US rules. The goal is to have these agreements ready within two years of the law being passed.
Money References
- The Secretary of the Treasury shall create and implement reciprocal arrangements or other bilateral agreements between the United States and jurisdictions with substantially similar payment stablecoin regulatory regimes to the requirements under this Act, including reserve requirements, supervision, anti-money laundering and counter-terrorism features, sanctions compliance standards, liquidity requirements, and risk management standards, to facilitate international transactions and interoperability with United States dollar-denominated payment stablecoins issued overseas.
17. Effective date Read Opens in new tab
Summary AI
The effective date for this Act and its amendments will be the earlier of either 18 months from when the Act is enacted or 120 days after the government issues final regulations for stablecoins. Regulators must notify Congress when they start processing applications, and they can provide a temporary exemption from the new rules for up to 12 months for certain organizations with pending applications.
18. Rulemaking Read Opens in new tab
Summary AI
The section requires that within a year of the law being passed, major regulators like Federal payment stablecoin regulators and the Secretary of the Treasury must create appropriate rules for the law, making sure to coordinate with state regulators. Additionally, a report confirming these rules must be submitted to Congress within 180 days.
1. Short title Read Opens in new tab
Summary AI
The first section of the bill states that the official title for this legislation is the "Guiding and Establishing National Innovation for U.S. Stablecoins Act of 2025," which can also be referred to as the "GENIUS Act of 2025."
2. Definitions Read Opens in new tab
Summary AI
The section provides definitions for terms related to financial institutions, digital assets, and regulation, including the Bank Secrecy Act, which involves various financial regulations, the Board of Governors of the Federal Reserve System known as the Board, and other key terms like digital asset, distributed ledger, payment stablecoin, and distinctions between state and federal regulated entities. It specifies what constitutes legal tender or money, types of financial issuers, regulatory bodies, and relevant financial acts and laws.
3. Issuance and treatment of payment stablecoins Read Opens in new tab
Summary AI
A bill section states that only authorized issuers can create payment stablecoins in the U.S. and any stablecoins not issued by them will not be recognized as cash or acceptable for financial activities. Violation of this rule can lead to a fine of up to $1 million, up to 5 years in prison, or both, and suspected violations must be reported to the Attorney General.
Money References
- (c) Penalty for violation.— (1) IN GENERAL.—Whoever knowingly participates in a violation of subsection (a) shall be fined not more than $1,000,000 for each such violation, imprisoned for not more than 5 years, or both. (2) REFERRAL TO ATTORNEY GENERAL.—If a primary Federal payment stablecoin regulator has reason to believe that any person has knowingly violated subsection (a), the primary Federal payment stablecoin regulator shall refer the matter to the Attorney General.
4. Requirements for issuing payment stablecoins Read Opens in new tab
Summary AI
The section outlines the requirements and standards for entities known as "permitted payment stablecoin issuers." These issuers must back their stablecoins with specific reserves, disclose redemption policies, and meet specific auditing, capital, and technology standards. They are also subject to various federal regulations, including compliance with the Bank Secrecy Act, and face restrictions on marketing, activities, and misrepresentation. Moreover, these issuers can be overseen by either federal or state-level regulators, depending on their size and compliance with certain criteria.
Money References
- (B) CONFORMING AMENDMENT.—Section 324(b) of the Revised Statutes (12 U.S.C. 1(b)) is amended by adding at the end the following: “(3) REGULATION OF FEDERAL QUALIFIED NONBANK PAYMENT STABLECOIN ISSUERS.—The Comptroller of the Currency shall, in coordination with other relevant regulators and consistent with section 18 of the Guiding and Establishing National Innovation for U.S. Stablecoins Act of 2025, issue such regulations and orders as necessary to ensure financial stability and implement section 4(a) of that Act.”. (11) AUDITS AND REPORTS.— (A) ANNUAL FINANCIAL STATEMENT.— (i) IN GENERAL.—A permitted payment stablecoin issuer with more than $50,000,000,000 in consolidated total outstanding issuance, that is not subject to the reporting requirements under sections 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)), shall prepare, in accordance with generally accepted accounting principles, an annual financial statement, which shall include the disclosure of any related party transactions, as defined by such generally accepted accounting principles.
- (12) ELIGIBILITY.—The requirement to maintain reserves under paragraph (1)(A) may not be construed as expanding or contracting eligibility to qualify as a depository institution under section 19(b)(1)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(1)(A)). (b) State-level regulatory regimes.— (1) OPTION FOR STATE-LEVEL REGULATORY REGIME.—Notwithstanding the Federal regulatory framework established under subsection (a), a State qualified payment stablecoin issuer with a consolidated total outstanding issuance of not more than $10,000,000,000 may opt for regulation under a State-level regulatory regime, provided that the State-level regulatory regime is substantially similar to the Federal regulatory framework under that subsection.
- — (1) DEPOSITORY INSTITUTION.—A State chartered depository institution that is a State qualified payment stablecoin issuer with a payment stablecoin with a consolidated total outstanding issuance of more than $10,000,000,000 shall— (A) not later than 360 days after the payment stablecoin reaches such threshold, transition to the Federal regulatory framework of the primary Federal payment stablecoin regulator of the State chartered depository institution, which shall be administered by the State payment stablecoin regulator of the State chartered depository institution and the primary Federal payment stablecoin regulator acting jointly; or (B) beginning on the date the payment stablecoin reaches such threshold, cease issuing new payment stablecoins until the payment stablecoin is under the $10,000,000,000 consolidated total outstanding issuance threshold.
- (2) OTHER INSTITUTIONS.—A State qualified payment stablecoin issuer not described in paragraph (1) with a payment stablecoin with a consolidated total outstanding issuance of more than $10,000,000,000 shall— (A) not later than 360 days after the payment stablecoin reaches such threshold, transition to the Federal regulatory framework under subsection (a) administered by the State payment stablecoin regulator of the State qualified payment stablecoin issuer; or (B) beginning on the date the payment stablecoin reaches such threshold, cease issuing new payment stablecoins until the payment stablecoin is under the $10,000,000,000 consolidated total outstanding issuance threshold.
- (3) WAIVER.— (A) IN GENERAL.—Notwithstanding paragraphs (1) and (2), the applicable primary Federal payment stablecoin regulator may permit a State qualified payment stablecoin issuer with a payment stablecoin with a consolidated total outstanding issuance of more than $10,000,000,000 to remain solely supervised by a State payment stablecoin regulator.
- (2) PENALTY.— (A) IN GENERAL.—Whoever knowingly participates in a violation of paragraph (1) or subsection (d)(3) shall be fined not more than $1,000,000 for each such violation, imprisoned for not more than 5 years; or both. (B) REFERRAL TO ATTORNEY GENERAL.—If a Federal payment stablecoin regulator has reason to believe that any person has knowingly violated paragraph (1) or subsection (d)(3), the Federal payment stablecoin regulator shall refer the matter to the Attorney General.
5. Approval of subsidiaries of insured depository institutions and Federal qualified nonbank payment stablecoin issuers Read Opens in new tab
Summary AI
The section outlines the process for insured depository institutions and nonbank entities to apply for permission to issue payment stablecoins. It mandates that a federal regulator must evaluate applications based on specific factors, decide within a set timeframe, and provide detailed explanations or hearings if an application is denied; if the regulator does not decide in time, the application is automatically approved.
6. Supervision and enforcement with respect to subsidiaries of insured depository institutions and Comptroller-regulated entities Read Opens in new tab
Summary AI
The section outlines how federal regulators will supervise and enforce rules for stablecoin issuers that are not state-qualified, emphasizing the need to monitor financial conditions and risks. It details procedures for handling violations, which include potential penalties and the requirement for issuers to provide reports and adhere to federal guidelines, while enforcement measures may involve penalties or temporary bans on operations.
Money References
- (a) Supervision.— (1) IN GENERAL.—Each permitted payment stablecoin issuer that is not a State qualified payment stablecoin issuer with a payment stablecoin with a consolidated total outstanding issuance of less than $10,000,000,000 shall be subject to supervision by the appropriate primary Federal payment stablecoin regulator.
- — (A) FAILURE TO BE APPROVED.—Any person who issues a United States dollar-denominated payment stablecoin in violation of section 3, and any institution-affiliated party of such a person who knowingly participates in issuing such a payment stablecoin, shall be liable for a civil penalty of not more than $100,000 for each day during which such payment stablecoins are issued.
- (B) FIRST TIER.—Except as provided in subparagraph (A), a permitted payment stablecoin issuer or institution-affiliated party of such permitted payment stablecoin issuer that materially violates this Act or any regulation or order issued under this Act, or that materially violates any condition imposed in writing by the primary Federal payment stablecoin regulator in connection with a written agreement entered into between the permitted payment stablecoin issuer and the primary Federal payment stablecoin regulator, shall be liable for a civil penalty of up to $100,000 for each day during which the violation continues.
- (C) SECOND TIER.—Except as provided in subparagraph (A), and in addition to the penalties described under subparagraph (B), a permitted payment stablecoin issuer or institution-affiliated party of such permitted payment stablecoin issuer who knowingly participates in a violation of any provision of this Act, or any regulation or order issued thereunder, is liable for a civil penalty of up to an additional $100,000 for each day during which the violation continues.
7. State qualified payment stablecoin issuers Read Opens in new tab
Summary AI
State payment stablecoin regulators have the power to oversee and enforce rules on State qualified payment stablecoin issuers, and they can work with the Board to ensure compliance. In special situations, the Board and the Comptroller can take enforcement actions against stablecoin issuers if they believe there's a significant risk to financial stability, and there's a process for reviewing and potentially challenging such actions. Additionally, the laws of a host State where stablecoin activities occur apply only to a certain extent, with the home State laws taking precedence if host State laws are deemed not applicable.
8. Anti-money laundering protections Read Opens in new tab
Summary AI
This section outlines anti-money laundering protections involving digital assets. It defines terms related to digital asset service providers, describes the Treasury's authority to designate noncompliant foreign issuers of payment stablecoins, and discusses penalties for violations, including potential civil fines. Additionally, it allows for appeals, grants waiver and licensing authority to the Treasury, and includes exceptions for U.S. intelligence and law enforcement activities.
Money References
- — (A) DIGITAL ASSET SERVICE PROVIDERS.—Any digital asset service provider that knowingly violates a prohibition under paragraph (1)(B) shall be subject to a civil monetary penalty of not more than $100,000 per violation per day.
- (B) FOREIGN PAYMENT STABLECOIN ISSUERS.—Any foreign issuer of payment stablecoin that knowingly continues to publicly offer a payment stablecoin in the United States after publication of the determination of noncompliance under paragraph (1)(A) shall be subject to a civil monetary penalty of not more than $1,000,000 per violation per day, and the Secretary of the Treasury may seek an injunction in a United States District Court to bar the foreign issuer from engaging in financial transactions in the United States or with United States persons.
9. Custody of payment stablecoin reserve and collateral Read Opens in new tab
Summary AI
A person can only provide services to store or protect payment stablecoins and their reserves if they are supervised by certain financial regulators and meet specific requirements. They must keep customer assets separate from their own, with some exceptions, and ensure customer assets are protected above others except when agreed otherwise. The rule doesn't apply to those providing tools for customers to store their own stablecoins.
10. Treatment of payment stablecoin issuers in insolvency proceedings Read Opens in new tab
Summary AI
In the event of insolvency for companies that issue payment stablecoins, this section ensures that people holding these stablecoins get paid back before other creditors. It explains changes to existing laws to protect stablecoin holders, defines key terms, and outlines who can intervene in these cases to safeguard customers.
11. Interoperability standards Read Opens in new tab
Summary AI
Primary federal regulators, in consultation with relevant organizations, are responsible for evaluating and potentially setting standards for payment stablecoin issuers. These standards aim to ensure that stablecoins can work easily with one another and with the wider digital finance system, covering areas like communication protocols and blockchain technology.
12. Study on non-payment stablecoins Read Opens in new tab
Summary AI
The section mandates a study by the Secretary of the Treasury, along with various financial agencies, on non-payment stablecoins, especially those backed by endogenous collateral. They have one year to report findings to Congress, covering aspects like types of stablecoins, benefits and risks, use cases, governance, and transparency of consumer information. An "endogenously collateralized payment stablecoin" is defined as a digital asset promised to be exchanged for a fixed value, backed exclusively by another asset from the same creator.
13. Reports Read Opens in new tab
Summary AI
The section outlines a yearly requirement for federal regulators to report on the payment stablecoin industry to certain congressional committees and the Office of Financial Research, covering trends, applications for issuers, and potential risks to the financial system. Additionally, these findings must be included in the Financial Stability Oversight Council's annual report as per the Dodd-Frank Act.
14. Authority of banking institutions Read Opens in new tab
Summary AI
The section outlines the authority of banks and credit unions to handle digital assets and payment stablecoins, ensuring they comply with state and federal laws. It also specifies that these institutions don't need to list assets they hold but don't own as liabilities, nor do they have to hold capital against these assets unless required for operational risk management. Regulatory agencies are tasked with updating rules to allow these activities.
15. Amendments to clarify that payment stablecoins are not securities or commodities and permitted payment stablecoin issuers are not investment companies Read Opens in new tab
Summary AI
The section clarifies that payment stablecoins, which are a type of digital currency issued by permitted entities, are not considered as "securities" or "commodities" under laws like the Investment Advisers Act, the Securities Act, and others. This means such stablecoins are treated differently from traditional financial products and the issuers are not seen as investment companies.
16. Reciprocity for payment stablecoins issued in overseas jurisdictions Read Opens in new tab
Summary AI
The Secretary of the Treasury is required to create agreements with countries that have similar rules for payment stablecoins to those in this Act. These agreements will help make international transactions with U.S. dollar-backed stablecoins smoother, and they need to be established within two years of the Act's passing.
Money References
- Notwithstanding section 2(15)(A)(ii)(III), the Secretary of the Treasury shall create and implement reciprocal arrangements or other bilateral agreements between the United States and jurisdictions with substantially similar payment stablecoin regulatory regimes to the requirements under this Act, including reserve requirements, supervision, anti-money laundering and counter-terrorism features, sanctions compliance standards, liquidity requirements, and risk management standards, to facilitate international transactions and interoperability with United States dollar-denominated payment stablecoins issued overseas.
17. Effective date Read Opens in new tab
Summary AI
The section outlines when the Act and its amendments will become effective, specifying it will be either 18 months after enactment or 120 days following final regulations by stablecoin regulators. It also mentions that regulators must inform Congress when they start processing applications and that there’s a 12-month grace period for certain applicants to comply with the Act’s requirements.
18. Rulemaking Read Opens in new tab
Summary AI
The section requires that within one year of the law being passed, federal and state regulators must create rules to enforce the Act, coordinating their efforts. Additionally, federal banking agencies must report to Congress within 180 days describing the rules they have established.