Treasury issues first proposed rule under GENIUS Act on state stablecoin oversight

Published
Score
9

Why it matters

Core event: On April 1, 2026, the U.S. Department of the Treasury issued its first Notice of Proposed Rulemaking (NPRM) under the GENIUS Act, implementing section 4(c) by outlining principles to determine if state-level regulatory regimes for payment stablecoin issuers are "substantially similar" to the federal framework.[1][3][7][12] The rule sets a federal baseline with uniform requirements like 1:1 reserves, redemption rights, monthly reserve disclosures, BSA/AML compliance, and lawful-order adherence, reviewed by a Treasury-led interagency committee (Treasury, Fed, FDIC, OCC).[1][3]

Key players: Treasury leads implementation, chairing the Stablecoin Certification Review Committee with the Federal Reserve, FDIC, and OCC; OCC issued a prior February 2026 NPRM on related rules excluding BSA/AML/OFAC.[1][3][5][6] The GENIUS Act (enacted July 18, 2025, after congressional passage in June/July) defines Permitted Payment Stablecoin Issuers (PPSIs)—including insured depository subsidiaries (federal-approved), nonbanks/federal branches (OCC-approved), or smaller issuers (<$10B outstanding) under certified state regimes.[2][5][6][8] Issuers exceeding $10B must transition to federal oversight within 360 days, or halt issuance if states fail certification.[1][3][6]

Context and timeline: The GENIUS Act, the first U.S. federal law for USD-backed payment stablecoins (pegged for payments, not securities/currency), passed Congress (Senate 68-30 on June 17, House 308-122 on July 17) and was signed July 18, 2025, creating a dual federal-state framework with strict rules (no rehypothecation, no yield, AML/KYC, bankruptcy priority for holders).[4][6][8] It followed regulatory gaps in a $316B market (e.g., USDT at 58%); OCC's February NPRM preceded this, with BSA/AML/lawful-order rules pending.[1][3][5]

Newsworthy now: Issued just days ago (April 1), this NPRM operationalizes state-federal alignment, potentially forcing transitions for growing issuers amid a booming stablecoin sector, clarifying oversight amid prior uncertainty and enabling innovation under federal baselines.[1][3][7] Public comments are open, shaping final rules in an evolving framework.[7]

Sources

mail

Get notified about new Legal Intelligence Tracker

Primary sources. No fluff. Straight to your inbox.