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GENIUS Act of 2025

USA119th CongressS-394| Senate 
| Updated: 2/4/2025
Bill Hagerty

Bill Hagerty

Republican Senator

Tennessee

Cosponsors (4)
Angela D. Alsobrooks (Democratic)Kirsten E. Gillibrand (Democratic)Cynthia M. Lummis (Republican)Tim Scott (Republican)

Banking, Housing, and Urban Affairs Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill, titled the "Guiding and Establishing National Innovation for U.S. Stablecoins of 2025" or the "GENIUS Act of 2025," creates a regulatory framework for payment stablecoins. It defines a payment stablecoin as a digital asset designed for payment or settlement, whose issuer is obligated to redeem it for a fixed monetary value and maintains a stable value relative to a fixed amount of monetary value. The legislation makes it unlawful for any person other than a "permitted payment stablecoin issuer" to issue such assets in the United States. Permitted payment stablecoin issuers include subsidiaries of insured depository institutions, federal qualified nonbank payment stablecoin issuers, and state qualified payment stablecoin issuers. These entities must maintain 1:1 reserves backing their outstanding stablecoins, comprising highly liquid assets like U.S. currency, demand deposits, short-term Treasury bills, and certain money market funds. Issuers are also required to publicly disclose their redemption policies and the monthly composition of their reserves, with certifications from their CEO and CFO. The bill prohibits the rehypothecation of reserves, with limited exceptions for liquidity purposes under specific conditions. Primary Federal payment stablecoin regulators, including the Comptroller, Board, Corporation, and National Credit Union Administration, are tasked with jointly issuing capital, liquidity, and risk management requirements tailored to issuers' business models. All permitted payment stablecoin issuers will be treated as financial institutions under the Bank Secrecy Act . A permitted payment stablecoin issuer's activities are limited to issuing, redeeming, and managing reserves, along with providing custodial services for stablecoins and private keys. Federal qualified nonbank payment stablecoin issuers will be exclusively regulated and supervised by the Comptroller of the Currency . The bill outlines a mandatory approval process for entities seeking to issue stablecoins, with specific timelines for decisions and grounds for denial based on safety and soundness concerns. States can establish their own regulatory regimes for stablecoin issuers with a market capitalization of up to $10 billion, provided these regimes are substantially similar to the federal framework. State regulators must certify their regimes to the Secretary of the Treasury, with annual recertifications. If a state regime is not certified or deemed not substantially similar, issuers will fall under federal regulation. State-regulated issuers exceeding the $10 billion market capitalization threshold must transition to federal oversight within 360 days or cease issuing new stablecoins. The bill also includes provisions for customer protection, requiring entities providing custodial services for stablecoins to be regulated and to segregate customer assets from their own. In insolvency proceedings, claims of payment stablecoin holders will have priority over all other claims against the issuer. Furthermore, the legislation directs primary Federal payment stablecoin regulators to assess and potentially prescribe interoperability standards for stablecoin issuers. It mandates a study by the Treasury on endogenously collateralized stablecoins , analyzing their design, risks, and utilization. Importantly, the bill clarifies that payment stablecoins issued by permitted issuers are not considered securities under various federal securities acts, nor are they commodities. The effective date of the Act is tied to the issuance of final regulations by federal regulators, with a maximum of 18 months from enactment. Banking institutions' existing authority to engage in digital asset activities is preserved, and specific rules are set for the treatment of assets held in custody by these institutions, aiming to prevent unnecessary capital requirements for custodial services.
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Timeline
Feb 4, 2025
Introduced in Senate
Feb 4, 2025
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
  • February 4, 2025
    Introduced in Senate


  • February 4, 2025
    Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Finance and Financial Sector

GENIUS Act of 2025

USA119th CongressS-394| Senate 
| Updated: 2/4/2025
This bill, titled the "Guiding and Establishing National Innovation for U.S. Stablecoins of 2025" or the "GENIUS Act of 2025," creates a regulatory framework for payment stablecoins. It defines a payment stablecoin as a digital asset designed for payment or settlement, whose issuer is obligated to redeem it for a fixed monetary value and maintains a stable value relative to a fixed amount of monetary value. The legislation makes it unlawful for any person other than a "permitted payment stablecoin issuer" to issue such assets in the United States. Permitted payment stablecoin issuers include subsidiaries of insured depository institutions, federal qualified nonbank payment stablecoin issuers, and state qualified payment stablecoin issuers. These entities must maintain 1:1 reserves backing their outstanding stablecoins, comprising highly liquid assets like U.S. currency, demand deposits, short-term Treasury bills, and certain money market funds. Issuers are also required to publicly disclose their redemption policies and the monthly composition of their reserves, with certifications from their CEO and CFO. The bill prohibits the rehypothecation of reserves, with limited exceptions for liquidity purposes under specific conditions. Primary Federal payment stablecoin regulators, including the Comptroller, Board, Corporation, and National Credit Union Administration, are tasked with jointly issuing capital, liquidity, and risk management requirements tailored to issuers' business models. All permitted payment stablecoin issuers will be treated as financial institutions under the Bank Secrecy Act . A permitted payment stablecoin issuer's activities are limited to issuing, redeeming, and managing reserves, along with providing custodial services for stablecoins and private keys. Federal qualified nonbank payment stablecoin issuers will be exclusively regulated and supervised by the Comptroller of the Currency . The bill outlines a mandatory approval process for entities seeking to issue stablecoins, with specific timelines for decisions and grounds for denial based on safety and soundness concerns. States can establish their own regulatory regimes for stablecoin issuers with a market capitalization of up to $10 billion, provided these regimes are substantially similar to the federal framework. State regulators must certify their regimes to the Secretary of the Treasury, with annual recertifications. If a state regime is not certified or deemed not substantially similar, issuers will fall under federal regulation. State-regulated issuers exceeding the $10 billion market capitalization threshold must transition to federal oversight within 360 days or cease issuing new stablecoins. The bill also includes provisions for customer protection, requiring entities providing custodial services for stablecoins to be regulated and to segregate customer assets from their own. In insolvency proceedings, claims of payment stablecoin holders will have priority over all other claims against the issuer. Furthermore, the legislation directs primary Federal payment stablecoin regulators to assess and potentially prescribe interoperability standards for stablecoin issuers. It mandates a study by the Treasury on endogenously collateralized stablecoins , analyzing their design, risks, and utilization. Importantly, the bill clarifies that payment stablecoins issued by permitted issuers are not considered securities under various federal securities acts, nor are they commodities. The effective date of the Act is tied to the issuance of final regulations by federal regulators, with a maximum of 18 months from enactment. Banking institutions' existing authority to engage in digital asset activities is preserved, and specific rules are set for the treatment of assets held in custody by these institutions, aiming to prevent unnecessary capital requirements for custodial services.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Feb 4, 2025
Introduced in Senate
Feb 4, 2025
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
  • February 4, 2025
    Introduced in Senate


  • February 4, 2025
    Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Bill Hagerty

Bill Hagerty

Republican Senator

Tennessee

Cosponsors (4)
Angela D. Alsobrooks (Democratic)Kirsten E. Gillibrand (Democratic)Cynthia M. Lummis (Republican)Tim Scott (Republican)

Banking, Housing, and Urban Affairs Committee

Finance and Financial Sector

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted