Clarity for Payment Stablecoins Act of 2023 This bill establishes a regulatory framework for payment stablecoins (digital assets which an issuer must redeem for a fixed monetary value). Only permitted issuers are allowed to issue a payment stablecoin for use by U.S. persons. Permitted issuers must be a subsidiary of an insured depository institution, a federal-qualified nonbank payment stablecoin issuer, or a state-qualified payment stablecoin issuer. In general, permitted issuers must be regulated by the appropriate federal regulator, however, state-qualified issuers must be regulated by an appropriate state regulator. Permitted issuers must maintain reserves backing the stablecoin on a one-to-one basis using assets as outlined by the bill, such as U.S. coins and currency or other assets regulators determine appropriate. Permitted issuers must also publicly disclose their redemption policy, establish redemption procedures, and publish on their website every month the details of the issuer's reserves. The bill sets forth requirements for (1) the rehypothecation, or reusing, of such reserves; (2) providing custodial or safekeeping services for stablecoins or private keys; and (3) supervisory, examination, and enforcement authority over non-state qualified issuers. In addition, the bill places a two-year moratorium on new endogenously collateralized stablecoins (i.e., stablecoins that rely on the value of another digital asset created or maintained by the same originator to maintain the fixed price). Under the bill, permitted payment stablecoins are not considered securities under securities law.
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Timeline
Introduced in House
Referred to the House Committee on Financial Services.
Ordered to be Reported (Amended) by the Yeas and Nays: 34 - 16.
Committee Consideration and Mark-up Session Held
Placed on the Union Calendar, Calendar No. 408.
Reported (Amended) by the Committee on Financial Services. H. Rept. 118-492.
Introduced in House
Referred to the House Committee on Financial Services.
Ordered to be Reported (Amended) by the Yeas and Nays: 34 - 16.
Committee Consideration and Mark-up Session Held
Placed on the Union Calendar, Calendar No. 408.
Reported (Amended) by the Committee on Financial Services. H. Rept. 118-492.
Finance and Financial Sector
Bank accounts, deposits, capitalBanking and financial institutions regulationCivil actions and liabilityComputers and information technologyComputer security and identity theftConsumer affairsCurrencyDigital mediaFinancial services and investments
Clarity for Payment Stablecoins Act of 2023
USA118th CongressHR-4766| House
| Updated: 5/7/2024
Clarity for Payment Stablecoins Act of 2023 This bill establishes a regulatory framework for payment stablecoins (digital assets which an issuer must redeem for a fixed monetary value). Only permitted issuers are allowed to issue a payment stablecoin for use by U.S. persons. Permitted issuers must be a subsidiary of an insured depository institution, a federal-qualified nonbank payment stablecoin issuer, or a state-qualified payment stablecoin issuer. In general, permitted issuers must be regulated by the appropriate federal regulator, however, state-qualified issuers must be regulated by an appropriate state regulator. Permitted issuers must maintain reserves backing the stablecoin on a one-to-one basis using assets as outlined by the bill, such as U.S. coins and currency or other assets regulators determine appropriate. Permitted issuers must also publicly disclose their redemption policy, establish redemption procedures, and publish on their website every month the details of the issuer's reserves. The bill sets forth requirements for (1) the rehypothecation, or reusing, of such reserves; (2) providing custodial or safekeeping services for stablecoins or private keys; and (3) supervisory, examination, and enforcement authority over non-state qualified issuers. In addition, the bill places a two-year moratorium on new endogenously collateralized stablecoins (i.e., stablecoins that rely on the value of another digital asset created or maintained by the same originator to maintain the fixed price). Under the bill, permitted payment stablecoins are not considered securities under securities law.
Bank accounts, deposits, capitalBanking and financial institutions regulationCivil actions and liabilityComputers and information technologyComputer security and identity theftConsumer affairsCurrencyDigital mediaFinancial services and investments