--- Introduced (Senate)
+++ Reported (Senate)
@@ -1,8 +1,9 @@
[From the U.S. Government Publishing Office]
-[S. 919 Introduced in Senate (IS)]
+[S. 919 Reported in Senate (RS)]
<DOC>
+Calendar No. 33
119th CONGRESS
1st Session
S. 919
@@ -21,6 +22,13 @@
was read twice and referred to the Committee on Banking, Housing, and
Urban Affairs
+March 18, 2025
+
+Reported under authority of the order of the Senate of March 14, 2025,
+by Mr. Scott of South Carolina, with an amendment
+[Strike out all after the enacting clause and insert the part printed
+in italic]
+
_______________________________________________________________________
A BILL
@@ -30,6 +38,2111 @@
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
+
+<DELETED>SECTION 1. SHORT TITLE.</DELETED>
+
+<DELETED> This Act may be cited as the ``Guiding and Establishing
+National Innovation for U.S. Stablecoins Act of 2025'' or the ``GENIUS
+Act of 2025''.</DELETED>
+
+<DELETED>SEC. 2. DEFINITIONS.</DELETED>
+
+<DELETED> In this Act:</DELETED>
+<DELETED> (1) Bank secrecy act.--The term ``Bank Secrecy
+Act'' means--</DELETED>
+<DELETED> (A) section 21 of the Federal Deposit
+Insurance Act (12 U.S.C. 1829b);</DELETED>
+<DELETED> (B) chapter 2 of title I of Public Law 91-
+508 (12 U.S.C. 1951 et seq.); and</DELETED>
+<DELETED> (C) subchapter II of chapter 53 of title
+31, United States Code.</DELETED>
+<DELETED> (2) Board.--The term ``Board'' means the Board of
+Governors of the Federal Reserve System.</DELETED>
+<DELETED> (3) Comptroller.--The term ``Comptroller'' means
+the Office of the Comptroller of the Currency.</DELETED>
+<DELETED> (4) Comptroller-regulated entity.--The term
+``Comptroller-regulated entity'' means--</DELETED>
+<DELETED> (A) any Federal qualified nonbank payment
+stablecoin issuer that is subject to regulation and
+supervision exclusively by the Comptroller, pursuant to
+section 4(a)(7); and</DELETED>
+<DELETED> (B) any entity chartered by the
+Comptroller.</DELETED>
+<DELETED> (5) Corporation.--The term ``Corporation'' means
+the Federal Deposit Insurance Corporation.</DELETED>
+<DELETED> (6) Digital asset.--The term ``digital asset''
+means any digital representation of value which is recorded on
+a cryptographically-secured distributed ledger.</DELETED>
+<DELETED> (7) Distributed ledger.--The term ``distributed
+ledger'' means technology in which data is shared across a
+network that creates a public digital ledger of verified
+transactions or information among network participants and
+cryptography is used to link the data to maintain the integrity
+of the public ledger and execute other functions.</DELETED>
+<DELETED> (8) Federal qualified nonbank payment stablecoin
+issuer.--The term ``Federal qualified nonbank payment
+stablecoin issuer'' means a nonbank entity, other than a State
+qualified payment stablecoin issuer, approved by the
+Comptroller, pursuant to section 5, to issue payment
+stablecoins.</DELETED>
+<DELETED> (9) Institution-affiliated party.--With respect to
+a permitted payment stablecoin issuer, the term ``institution-
+affiliated party'' means any director, officer, employee, or
+controlling stockholder of the permitted payment stablecoin
+issuer.</DELETED>
+<DELETED> (10) Insured depository institution.--The term
+``insured depository institution'' means--</DELETED>
+<DELETED> (A) an insured depository institution, as
+defined in section 3 of the Federal Deposit Insurance
+Act (12 U.S.C. 1813); and</DELETED>
+<DELETED> (B) an insured credit union, as defined in
+section 101 of the Federal Credit Union Act (12 U.S.C.
+1752).</DELETED>
+<DELETED> (11) Monetary value.--The term ``monetary value''
+means a national currency or deposit (as defined in section 3
+of the Federal Deposit Insurance Act) denominated in a national
+currency.</DELETED>
+<DELETED> (12) Money.--The term ``money'' means any
+financial instrument that is--</DELETED>
+<DELETED> (A) legal tender;</DELETED>
+<DELETED> (B) required to be received by a taxing
+authority in satisfaction of tax obligations;
+or</DELETED>
+<DELETED> (C) widely accepted in an economy for the
+payment of goods or services.</DELETED>
+<DELETED> (13) National currency.--The term ``national
+currency'' means each of the following:</DELETED>
+<DELETED> (A) A Federal Reserve note (as the term is
+used in the first undesignated paragraph of section 16
+of the Federal Reserve Act (12 U.S.C. 411)).</DELETED>
+<DELETED> (B) Money standing to the credit of an
+account with a Federal Reserve Bank.</DELETED>
+<DELETED> (C) Money issued by a foreign central
+bank.</DELETED>
+<DELETED> (D) Money issued by an intergovernmental
+organization pursuant to an agreement by 1 or more
+governments.</DELETED>
+<DELETED> (14) Nonbank entity.--The term ``nonbank entity''
+means a person that is not a depository institution or
+subsidiary of a depository institution.</DELETED>
+<DELETED> (15) Payment stablecoin.--The term ``payment
+stablecoin''--</DELETED>
+<DELETED> (A) means a digital asset--</DELETED>
+<DELETED> (i) that is or is designed to be
+used as a means of payment or settlement;
+and</DELETED>
+<DELETED> (ii) the issuer of which--
+</DELETED>
+<DELETED> (I) is obligated to
+convert, redeem, or repurchase for a
+fixed amount of monetary value, not
+including a digital asset denominated
+in a fixed amount of monetary
+value;</DELETED>
+<DELETED> (II) represents that such
+issuer will maintain or creates the
+reasonable expectation that it will
+maintain a stable value relative to the
+value of a fixed amount of monetary
+value; or</DELETED>
+<DELETED> (III) has complied with
+the authorization requirements of this
+Act; and</DELETED>
+<DELETED> (B) that--</DELETED>
+<DELETED> (i) is not a national
+currency;</DELETED>
+<DELETED> (ii) is not a deposit (as defined
+in section 3 of the Federal Deposit Insurance
+Act), including a deposit recorded using
+distributed ledger technology;</DELETED>
+<DELETED> (iii) does not offer a payment of
+yield or interest; and</DELETED>
+<DELETED> (iv) is not a security, as defined
+in section 2 of the Securities Act of 1933 (15
+U.S.C. 77b), section 3 of the Securities
+Exchange Act of 1934 (15 U.S.C. 78c), or
+section 2 of the Investment Company Act of 1940
+(15 U.S.C. 80a-2), other than a bond, note,
+evidence of indebtedness, or investment
+contract satisfying the conditions described in
+subparagraph (A).</DELETED>
+<DELETED> (16) Permitted payment stablecoin issuer.--The
+term ``permitted payment stablecoin issuer'' means a person
+incorporated in the United States that is--</DELETED>
+<DELETED> (A) a subsidiary of an insured depository
+institution that has been approved to issue payment
+stablecoins under section 5;</DELETED>
+<DELETED> (B) a Federal qualified nonbank payment
+stablecoin issuer that has been approved to issue
+payment stablecoins under section 5; or</DELETED>
+<DELETED> (C) a State qualified payment stablecoin
+issuer.</DELETED>
+<DELETED> (17) Person.--The term ``person'' means an
+individual, partnership, company, corporation, association,
+trust, estate, cooperative organization, or other business
+entity, incorporated or unincorporated.</DELETED>
+<DELETED> (18) Primary federal payment stablecoin
+regulator.--The term ``primary Federal payment stablecoin
+regulator'' means--</DELETED>
+<DELETED> (A) with respect to a subsidiary of an
+insured depository institution (other than an insured
+credit union), the appropriate Federal banking agency
+(as defined under section 3 of the Federal Deposit
+Insurance Act (12 U.S.C. 1813)) of such insured
+depository institution;</DELETED>
+<DELETED> (B) with respect to an insured credit
+union or a subsidiary of an insured credit union, the
+National Credit Union Administration;</DELETED>
+<DELETED> (C) with respect to a State chartered
+depository institution not specified under subparagraph
+(A), the Corporation, the Comptroller, or the Board;
+and</DELETED>
+<DELETED> (D) with respect to a Federal qualified
+nonbank payment stablecoin issuer or any entity
+chartered by the Comptroller, the
+Comptroller.</DELETED>
+<DELETED> (19) Registered public accounting firm.--The term
+``registered public accounting firm'' has the meaning given
+that term under section 2 of the Sarbanes-Oxley Act of 2002 (15
+U.S.C. 7201).</DELETED>
+<DELETED> (20) State.--The term ``State'' means each of the
+several States of the United States, the District of Columbia,
+and each territory of the United States.</DELETED>
+<DELETED> (21) State qualified payment stablecoin issuer.--
+The term ``State qualified payment stablecoin issuer'' means an
+entity that is legally established under the laws of a State
+and approved to issue payment stablecoins by a State payment
+stablecoin regulator.</DELETED>
+<DELETED> (22) State payment stablecoin regulator.--The term
+``State payment stablecoin regulator'' means a State agency
+that has primary regulatory and supervisory authority in such
+State over entities that issue payment stablecoins.</DELETED>
+<DELETED> (23) State chartered depository institution.--The
+term ``State chartered depository institution'' has the meaning
+given the term ``State depository institution'' in section 3(c)
+of the Federal Deposit Insurance Act (12 U.S.C.
+1813(c)).</DELETED>
+<DELETED> (24) Subsidiary of an insured credit union.--With
+respect to an insured credit union, the term ``subsidiary of an
+insured credit union'' means--</DELETED>
+<DELETED> (A) an organization providing services to
+the insured credit union that are associated with the
+routine operations of credit unions, as described under
+section 107(7)(I) of the Federal Credit Union Act (12
+U.S.C. 1757(7)(I)); and</DELETED>
+<DELETED> (B) a credit union service organization,
+as such term is used under part 712 of title 12, Code
+of Federal Regulations, with respect to which the
+insured credit union has an ownership interest or to
+which the insured credit union has extended a
+loan.</DELETED>
+
+<DELETED>SEC. 3. ISSUANCE AND TREATMENT OF PAYMENT
+STABLECOINS.</DELETED>
+
+<DELETED> (a) Issue.--It shall be unlawful for any person other than
+a permitted payment stablecoin issuer to issue a payment stablecoin in
+the United States.</DELETED>
+<DELETED> (b) Treatment.--A payment stablecoin that is not issued by
+a permitted payment stablecoin issuer shall not be acceptable as a
+settlement asset to facilitate wholesale payments between banking
+organizations or by a payment infrastructure to facilitate exchange and
+settlement among banking organizations.</DELETED>
+<DELETED> (c) Penalty for Violation.--</DELETED>
+<DELETED> (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.</DELETED>
+<DELETED> (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.</DELETED>
+
+<DELETED>SEC. 4. REQUIREMENTS FOR ISSUING PAYMENT
+STABLECOINS.</DELETED>
+
+<DELETED> (a) Standards for the Issuance of Payment Stablecoins.--
+</DELETED>
+<DELETED> (1) In general.--Permitted payment stablecoin
+issuers shall--</DELETED>
+<DELETED> (A) maintain reserves backing the
+outstanding payment stablecoins of the permitted
+payment stablecoin issuer on an at least 1 to 1 basis,
+with reserves comprising--</DELETED>
+<DELETED> (i) United States coins and
+currency (including Federal reserve notes) or
+money standing to the credit of an account with
+a Federal Reserve Bank;</DELETED>
+<DELETED> (ii) funds held as demand deposits
+(or other deposits that may be withdrawn upon
+request at any time) or insured shares at an
+insured depository institution (including any
+foreign branches and agencies of an insured
+depository institution), subject to limitations
+established by the Corporation and the National
+Credit Union Administration, as applicable, to
+address safety and soundness risks of such
+insured depository institution;</DELETED>
+<DELETED> (iii) Treasury bills, notes, or
+bonds--</DELETED>
+<DELETED> (I) with a remaining
+maturity of 93 days or less;
+or</DELETED>
+<DELETED> (II) issued with a
+maturity of 93 days or less;</DELETED>
+<DELETED> (iv) repurchase agreements with
+the permitted payment stablecoin issuer acting
+as a seller of securities and with an overnight
+maturity that are backed by Treasury bills with
+a maturity of 93 days or less;</DELETED>
+<DELETED> (v) reverse repurchase agreements
+with the permitted payment stablecoin issuer
+acting as a purchaser of securities and with an
+overnight maturity that are collateralized by
+Treasury notes, bills, or bonds on an overnight
+basis, subject to overcollateralization in line
+with standard market terms, that are--
+</DELETED>
+<DELETED> (I) tri-party;</DELETED>
+<DELETED> (II) centrally cleared
+through a clearing house registered
+with the Securities and Exchange
+Commission; or</DELETED>
+<DELETED> (III) bilateral with a
+counterparty that the issuer has
+determined to be adequately
+creditworthy even in the event of
+severe market stress;</DELETED>
+<DELETED> (vi) securities issued by an
+investment company registered under section
+8(a) of the Investment Company Act of 1940 (15
+U.S.C. 80a-8(a)) that operates as a money
+market fund in compliance with rule 2a-7 issued
+under that Act (or any successor rule) and that
+are invested solely in underlying assets
+described in clauses (i) through (iv) of
+subparagraph (A);</DELETED>
+<DELETED> (vii) any other similarly liquid
+asset approved by the primary Federal payment
+stablecoin regulator, in consultation with the
+State payment stablecoin regulator, if
+applicable, of the permitted payment stablecoin
+issuer; or</DELETED>
+<DELETED> (viii) any reserve described in
+clauses (i) through (vii) in tokenized form,
+provided that such reserves comply with all
+applicable laws and regulations;</DELETED>
+<DELETED> (B) publicly disclose the issuer's
+redemption policy;</DELETED>
+<DELETED> (C) establish procedures for timely
+redemption of outstanding payment stablecoins;
+and</DELETED>
+<DELETED> (D) publish the monthly composition of the
+issuer's reserves on the website of the issuer,
+containing--</DELETED>
+<DELETED> (i) the total number of
+outstanding payment stablecoins issued by the
+issuer; and</DELETED>
+<DELETED> (ii) the amount and composition of
+the reserves described under subparagraph
+(A).</DELETED>
+<DELETED> (2) Prohibition on rehypothecation.--Reserves
+required under paragraph (1)(A) may not be pledged,
+rehypothecated, or reused by the permitted payment stablecoin
+issuer, either directly or indirectly, except for the purpose
+of--</DELETED>
+<DELETED> (A) satisfying margin obligations in
+connection with investments in permitted reserves under
+clauses (iv) and (v) of paragraph (1)(A);</DELETED>
+<DELETED> (B) satisfying obligations associated with
+the use or receipt of provision of standard custodial
+services; or</DELETED>
+<DELETED> (C) creating liquidity to meet reasonable
+expectations of requests to redeem payment stablecoins,
+such that reserves in the form of Treasury bills may be
+sold as purchased securities for repurchase agreements
+with a maturity of 93 days or less, provided that
+either--</DELETED>
+<DELETED> (i) the repurchase agreements are
+cleared by a clearing agency registered with
+the Securities and Exchange Commission;
+or</DELETED>
+<DELETED> (ii) the permitted payment
+stablecoin issuer receives the prior approval
+of its primary Federal payment stablecoin
+regulator or State payment stablecoin
+regulator, as applicable.</DELETED>
+<DELETED> (3) Monthly certification; examination of reports
+by registered public accounting firm.--</DELETED>
+<DELETED> (A) In general.--A permitted payment
+stablecoin issuer shall, each month, have the
+information disclosed in the previous month-end report
+required under paragraph (1)(D) examined by a
+registered public accounting firm.</DELETED>
+<DELETED> (B) Certification.--Each month, the Chief
+Executive Officer and Chief Financial Officer of a
+permitted payment stablecoin issuer shall submit a
+certification as to the accuracy of the monthly report
+to, as applicable--</DELETED>
+<DELETED> (i) the primary Federal payment
+stablecoin regulator of the permitted payment
+stablecoin issuer; or</DELETED>
+<DELETED> (ii) the State payment stablecoin
+regulator of the permitted payment stablecoin
+issuer.</DELETED>
+<DELETED> (C) Criminal penalty.--Any person who
+submits a certification required under subparagraph (B)
+knowing that such certification is false shall be
+subject to the criminal penalties set forth under
+section 1350(c) of title 18, United States
+Code.</DELETED>
+<DELETED> (4) Capital, liquidity, and risk management
+requirements.--</DELETED>
+<DELETED> (A) In general.--The primary Federal
+payment stablecoin regulators shall, jointly, or in the
+case of a State qualified payment stablecoin issuer,
+the State payment stablecoin regulator shall,
+consistent with section 18, issue--</DELETED>
+<DELETED> (i) capital requirements
+applicable to permitted payment stablecoin
+issuers that--</DELETED>
+<DELETED> (I) are tailored to the
+business model and risk profile of
+permitted payment stablecoin
+issuers;</DELETED>
+<DELETED> (II) do not exceed
+requirements which are sufficient to
+ensure the ongoing operations of
+permitted payment stablecoin issuers;
+and</DELETED>
+<DELETED> (III) in the case of the
+primary Federal payment stablecoin
+regulators, if the primary Federal
+payment stablecoin regulators determine
+that a capital buffer is necessary to
+ensure the ongoing operations of
+permitted payment stablecoin issuers,
+may include capital buffers that are
+tailored to the business model and risk
+profile of permitted payment stablecoin
+issuers;</DELETED>
+<DELETED> (ii) regulations implementing the
+liquidity standard under clause (i);</DELETED>
+<DELETED> (iii) reserve asset
+diversification and interest rate risk
+management standards applicable to permitted
+payment stablecoin issuers that--</DELETED>
+<DELETED> (I) are tailored to the
+business model and risk profile of
+permitted payment stablecoin issuers;
+and</DELETED>
+<DELETED> (II) do not exceed
+standards which are sufficient to
+ensure the ongoing operations of
+permitted payment stablecoin issuers;
+and</DELETED>
+<DELETED> (iv) appropriate operational,
+compliance, and information technology risk
+management standards, including Bank Secrecy
+Act and sanctions compliance, that--</DELETED>
+<DELETED> (I) are tailored to the
+business model and risk profile of
+permitted payment stablecoin issuers;
+and</DELETED>
+<DELETED> (II) are consistent with
+applicable law.</DELETED>
+<DELETED> (B) Rule of construction.--Nothing in this
+paragraph shall be construed to limit--</DELETED>
+<DELETED> (i) the authority of the primary
+Federal regulators, in prescribing standards
+under this paragraph, to tailor or
+differentiate among issuers on an individual
+basis or by category, taking into consideration
+the capital structure, business model risk
+profile, complexity, financial activities
+(including financial activities of
+subsidiaries), size, and any other risk related
+factors of permitted payment stablecoin issuers
+that the primary Federal regulator determines
+appropriate, provided that such tailoring or
+differentiation occurs without respect to
+whether a permitted payment stablecoin issuer
+is regulated by a State payment stablecoin
+regulator; or</DELETED>
+<DELETED> (ii) the supervisory, regulatory,
+or enforcement authority of a Federal banking
+agency to further the safe and sound operation
+of an institution for which the Federal banking
+agency is the appropriate Federal banking
+agency (as defined under section 3 of the
+Federal Deposit Insurance Act (12 U.S.C.
+1813)).</DELETED>
+<DELETED> (C) Applicability of existing capital
+standards.--</DELETED>
+<DELETED> (i) Definitions.--In this
+subparagraph--</DELETED>
+<DELETED> (I) ``appropriate Federal
+banking agency'' has the meaning given
+that term in section 3(q) of the
+Federal Deposit Insurance Act (12
+U.S.C. 1813(q); and</DELETED>
+<DELETED> (II) ``depository
+institution holding company'' has the
+meaning given that term under section
+171(a)(3) of the Financial Stability
+Act of 2010 (12 U.S.C.
+5371(a)(3)).</DELETED>
+<DELETED> (ii) Applicability of financial
+stability act.--With respect to the
+promulgation of rules under subparagraph (A)
+and clauses (iii) and (iv) of this
+subparagraph, section 171 of the Financial
+Stability Act of 2010 (12 U.S.C. 5371) shall
+not apply.</DELETED>
+<DELETED> (iii) Rules relating to leverage
+capital requirements or risk-based capital
+requirements.--Any rule issued by an
+appropriate Federal banking agency that
+imposes, on a consolidated basis, a leverage
+capital requirement or risk-based capital
+requirement with respect to an insured
+depository institution or depository
+institution holding company shall provide that,
+for purposes of such leverage capital
+requirement or risk-based capital requirement,
+any insured depository institution or
+depository institution holding company that
+includes, on a consolidated basis, a permitted
+payment stablecoin issuer shall not be required
+to hold, with respect to such permitted payment
+stablecoin issuer and its assets and
+operations, any amount of regulatory capital in
+excess of the capital that such permitted
+payment stablecoin issuer must maintain under
+the capital requirements promulgated pursuant
+to paragraph (1)(A)(i).</DELETED>
+<DELETED> (iv) Modifications.--Not later
+than the earlier of the rulemaking deadline
+under section 18 or the date the Federal
+payment stablecoin regulators issue regulations
+to carry out this section, each appropriate
+Federal banking agency shall amend or otherwise
+modify any regulation of the Federal banking
+agency described in clause (iii) so that such
+regulation, as amended or otherwise modified,
+complies with clause (iii) of this
+subparagraph.</DELETED>
+<DELETED> (5) Treatment under the bank secrecy act and
+sanctions laws.--</DELETED>
+<DELETED> (A) In general.--A permitted payment
+stablecoin issuer shall be treated as a financial
+institution for purposes of the Bank Secrecy Act, and
+as such, shall be subject to all Federal laws
+applicable to a financial institution located in the
+United States relating to economic sanctions,
+prevention of money laundering, customer
+identification, and due diligence, including--
+</DELETED>
+<DELETED> (i) maintenance of an effective
+anti-money laundering and economic sanctions
+compliance program, which shall include
+appropriate risk assessments, verification of
+sanctions lists and designation of an officer
+to supervise the programs;</DELETED>
+<DELETED> (ii) retention of appropriate
+records of payment stablecoin
+transactions;</DELETED>
+<DELETED> (iii) monitoring and reporting
+suspicious activity;</DELETED>
+<DELETED> (iv) policies and procedures to
+block, freeze, and reject specific or
+impermissible transactions that violate Federal
+or State laws, rules, or regulations;
+and</DELETED>
+<DELETED> (v) maintenance of an effective
+customer identification program, including
+identification and verification of account
+holders with the permitted payment stablecoin
+issuer, high value transactions and appropriate
+enhanced due diligence.</DELETED>
+<DELETED> (B) Rulemaking.--The Financial Crimes
+Enforcement Network shall adopt rules, tailored to the
+size and complexity of the permitted payment stablecoin
+issuer, to implement subparagraph (A).</DELETED>
+<DELETED> (6) Coordination with permitted payment stablecoin
+issuers with respect to blocking of property and technological
+capabilities to comply with lawful orders.--</DELETED>
+<DELETED> (A) In general.--The Secretary of the
+Treasury--</DELETED>
+<DELETED> (i) shall, to the best of the
+Secretary's ability, coordinate with a
+permitted payment stablecoin issuer before
+taking any action to block and prohibit
+transactions in property and interests in
+property of a foreign person to ensure that the
+permitted payment stablecoin issuer is able to
+effectively block a digital asset of the
+foreign person upon issue of the digital asset;
+and</DELETED>
+<DELETED> (ii) is not required to notify any
+permitted payment stablecoin issuer of any
+intended action described in clause (i) prior
+to taking such action.</DELETED>
+<DELETED> (B) Compliance with lawful orders.--
+</DELETED>
+<DELETED> (i) In general.--</DELETED>
+<DELETED> (I) Permitted payment
+stablecoin issuers.--A permitted
+payment stablecoin issuer may issue
+payment stablecoins only if the issuer
+has the technological capability to
+comply and will comply with the terms
+of any lawful order.</DELETED>
+<DELETED> (II) Foreign payment
+stablecoins.--A foreign payment
+stablecoin that is not licensed under
+this Act may not be publicly offered,
+sold, or otherwise made available for
+trading in the United States unless the
+payment stablecoin issuer has the
+technological capability to comply and
+will comply with the terms of any
+lawful order.</DELETED>
+<DELETED> (ii) Lawful order defined.--In
+this paragraph, the term ``lawful order'' means
+any final and valid writ, process, order, rule,
+decree, command, or other requirement issued or
+promulgated under Federal law, issued by a
+court of competent jurisdiction or by an
+authorized Federal agency pursuant to its
+statutory authority, that--</DELETED>
+<DELETED> (I) requires the permitted
+payment stablecoin issuer to seize,
+freeze, burn, or prevent the transfer
+of payment stablecoins issued by the
+permitted payment stablecoin
+issuer;</DELETED>
+<DELETED> (II) specifies the digital
+assets or accounts subject to blocking
+with reasonable particularity;
+and</DELETED>
+<DELETED> (III) is subject to
+judicial or administrative review or
+appeal as provided by law.</DELETED>
+<DELETED> (C) Report required.--Not later than 1
+year after the date of enactment of this Act, the
+Secretary of the Treasury shall submit to the Committee
+on Banking, Housing, and Urban Affairs of the Senate
+and the Committee on Financial Services of the House of
+Representatives a report on the coordination with
+permitted payment stablecoin issuers required under
+subparagraph (A).</DELETED>
+<DELETED> (7) Limitation on payment stablecoin activities.--
+</DELETED>
+<DELETED> (A) In general.--A permitted payment
+stablecoin issuer may only--</DELETED>
+<DELETED> (i) issue payment
+stablecoins;</DELETED>
+<DELETED> (ii) redeem payment
+stablecoins;</DELETED>
+<DELETED> (iii) manage related reserves,
+including purchasing, selling, and holding
+reserve assets or providing custodial services
+for reserve assets, consistent with State and
+Federal law;</DELETED>
+<DELETED> (iv) provide custodial or
+safekeeping services for payment stablecoins,
+required reserves, or private keys of payment
+stablecoins, consistent with this Act;
+and</DELETED>
+<DELETED> (v) undertake other activities
+that directly support any of the activities
+described in clauses (i) through
+(iv).</DELETED>
+<DELETED> (B) Rule of construction.--Nothing in
+subparagraph (A) shall prevent a permitted payment
+stablecoin issuer from engaging in non-payment
+stablecoin activities that are allowed by the primary
+Federal payment stablecoin regulator or the State
+payment stablecoin regulator, as applicable.</DELETED>
+<DELETED> (8) Prohibition on tying.--</DELETED>
+<DELETED> (A) In general.--A permitted payment
+stablecoin issuer may not provide services to a
+customer on the condition that the customer obtain an
+additional paid product or service from the permitted
+payment stablecoin issuer, or any of its subsidiaries,
+or agree to not obtain an additional product or service
+from a competitor.</DELETED>
+<DELETED> (B) Regulations.--The Board may issue such
+regulations as are necessary to carry out this
+subparagraph, and, in consultation with the Comptroller
+and the Corporation, may by regulation or order, permit
+such exceptions to clause (i) as the Board considers
+will not be contrary to the purpose of this
+Act.</DELETED>
+<DELETED> (9) Regulation by the comptroller.--</DELETED>
+<DELETED> (A) In general.--A Federal qualified
+nonbank payment stablecoin issuer shall be regulated
+and supervised exclusively by the Comptroller, which
+shall have authority, in coordination with other
+relevant primary Federal payment stablecoin regulators
+and State payment stablecoin regulators, to issue such
+regulations and orders as necessary to ensure financial
+stability and implement this subsection.</DELETED>
+<DELETED> (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:</DELETED>
+<DELETED> ``(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.''.</DELETED>
+<DELETED> (10) Audits and reports.--</DELETED>
+<DELETED> (A) Annual financial statement.--
+</DELETED>
+<DELETED> (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.</DELETED>
+<DELETED> (ii) Auditor.--A registered public
+accounting firm shall perform an audit of the
+annual financial statements described in clause
+(i).</DELETED>
+<DELETED> (iii) Standards.--An audit
+described in clause (ii) shall be conducted in
+accordance with all applicable auditing
+standards established by the Public Company
+Accounting Oversight Board, including those
+relating to auditor independence, internal
+controls, and related party
+transactions.</DELETED>
+<DELETED> (iv) Rule of construction.--
+Nothing in this subparagraph shall be construed
+to limit, alter, or expand the jurisdiction of
+the Public Company Accounting Oversight Board
+over permitted payment stablecoin issuers or
+registered public accounting firms.</DELETED>
+<DELETED> (B) Public disclosure and submission to
+federal regulators.--Each permitted payment stablecoin
+issuer required to prepare an audited annual financial
+statement under subparagraph (A) shall:</DELETED>
+<DELETED> (i) make such audited financial
+statements publicly available on the website of
+the permitted payment stablecoin issuer;
+and</DELETED>
+<DELETED> (ii) submit such audited financial
+statements annually to their primary Federal
+payment stablecoin regulator.</DELETED>
+<DELETED> (C) Consultation.--The primary Federal
+payment stablecoin regulators may consult with the
+Public Company Accounting Oversight Board to determine
+best practices for determining audit oversight and to
+detect fraud, material misstatements, and other
+financial misrepresentations that could mislead
+permitted payment stablecoin holders.</DELETED>
+<DELETED> (b) State-level Regulatory Regimes.--</DELETED>
+<DELETED> (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.</DELETED>
+<DELETED> (2) Principles.--The Secretary of the Treasury
+shall, through notice and comment rulemaking, establish broad
+based principles for determining whether a State-level
+regulatory regime is substantially similar to the Federal
+regulatory framework under subsection (a).</DELETED>
+<DELETED> (3) Review.--State payment stablecoin regulators
+shall review State-level regulatory regimes according to the
+principles established by the Secretary of the Treasury under
+paragraph (2) and for the purposes of establishing any
+necessary cooperative agreements to implement section
+7(f).</DELETED>
+<DELETED> (4) Certification.--</DELETED>
+<DELETED> (A) Initial certification.--Subject to
+subparagraph (B), not later than 1 year after the
+effective date of this Act, a State payment stablecoin
+regulator shall submit to the Secretary of the Treasury
+an initial certification that the State-level
+regulatory regime meets the criteria for substantial
+similarity established pursuant to paragraph
+(2).</DELETED>
+<DELETED> (B) Form of certification.--The initial
+certification required under subparagraph (A) shall
+contain, in a form prescribed by the Secretary of the
+Treasury, an attestation that the State-level
+regulatory regime meets the criteria for substantial
+similarity established pursuant to paragraph
+(2).</DELETED>
+<DELETED> (C) Annual recertification.--Not later
+than a date to be determined by the Secretary each
+year, a State payment stablecoin regulator shall submit
+to the Secretary of the Treasury an additional
+certification that confirms the accuracy of initial
+certification submitted under subparagraph
+(A).</DELETED>
+<DELETED> (5) Not substantially similar.--</DELETED>
+<DELETED> (A) In general.--If a State payment
+stablecoin regulator determines that the criteria
+established under paragraph (2) are not meet and the
+State payment stablecoin regulator does not submit a
+certification under paragraph (4), then a permitted
+payment stablecoin issuer operating under this
+subsection shall be subject to the Federal regulatory
+framework as described in subsection (c),
+notwithstanding the total issuance threshold
+therein.</DELETED>
+<DELETED> (B) Treasury review.--Not later than 30
+days after the date of receipt of a certification under
+paragraph (4), the Secretary reject the certification
+if the Secretary determines that the State-level
+regulatory regime is not substantially similar to the
+Federal regulatory framework under subsection (a), and
+the permitted payment stablecoin issuer shall be
+subject to the Federal regulatory framework as
+described in subsection (c), notwithstanding the total
+issuance threshold therein.</DELETED>
+<DELETED> (C) Appellate review.--A State payment
+stablecoin regulator may challenge the determination of
+the Secretary of the Treasury under this paragraph in
+the United States Court of Appeals for the District of
+Columbia Circuit.</DELETED>
+<DELETED> (6) List.--The Secretary of the Treasury shall
+publish and maintain in the Federal Register and on the website
+of the Department of the Treasury a list of States that have
+submitted initial certifications and recertifications under
+paragraph (4).</DELETED>
+<DELETED> (c) Transition to Federal Oversight.--</DELETED>
+<DELETED> (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--
+</DELETED>
+<DELETED> (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</DELETED>
+<DELETED> (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.</DELETED>
+<DELETED> (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--</DELETED>
+<DELETED> (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</DELETED>
+<DELETED> (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.</DELETED>
+<DELETED> (3) Waiver.--</DELETED>
+<DELETED> (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.</DELETED>
+<DELETED> (B) Criteria for waiver.--The primary
+Federal payment stablecoin regulator shall consider the
+following exclusive criteria in determining whether to
+issue a waiver under this paragraph:</DELETED>
+<DELETED> (i) The capital maintained by the
+State qualified payment stablecoin
+issuer.</DELETED>
+<DELETED> (ii) The past operations and
+examination history of the State qualified
+payment stablecoin issuer.</DELETED>
+<DELETED> (iii) The experience of the State
+payment stablecoin regulator in supervising
+payment stablecoin and digital asset
+activities.</DELETED>
+<DELETED> (iv) The laws and rules applicable
+to, and the supervisory framework of, the State
+qualified payment stablecoin issuer with
+respect to payment stablecoins and digital
+assets.</DELETED>
+<DELETED> (C) Rule of construction.--A State
+qualified payment stablecoin issuer subject to Federal
+oversight under paragraph (1) or (2) of this subsection
+that does not receive a waiver under this paragraph
+shall continue to be supervised by the State payment
+stablecoin regulator of the State qualified payment
+stablecoin issuer along jointly with the primary
+Federal payment stablecoin regulator. Nothing in this
+subsection shall require the State qualified payment
+stablecoin issuer to convert to a Federal
+charter.</DELETED>
+<DELETED> (d) Misrepresentation of Insured Status; Marketing.--
+</DELETED>
+<DELETED> (1) In general.--Payment stablecoins shall not be
+backed by the full faith and credit of the United States,
+guaranteed by the United States Government, subject to deposit
+insurance by the Federal Deposit Insurance Corporation, or
+subject to share insurance by the National Credit Union
+Administration.</DELETED>
+<DELETED> (2) Misrepresentation of insured status.--
+</DELETED>
+<DELETED> (A) In general.--It shall be unlawful to
+represent that payment stablecoins are backed by the
+full faith and credit of the United States, guaranteed
+by the United States Government, or subject to Federal
+deposit insurance or Federal share insurance.</DELETED>
+<DELETED> (B) Penalty.--A violation of subparagraph
+(A) shall be considered a violation of section 18(a)(4)
+of the Federal Deposit Insurance Act (12 U.S.C.
+1828(a)(4)) or section 709 of title 18, United States
+Code, as applicable.</DELETED>
+<DELETED> (3) Marketing.--It shall be unlawful to market a
+digital asset in the United States as a payment stablecoin
+unless the digital asset is issued pursuant to this
+Act.</DELETED>
+<DELETED> (e) Officers or Directors Convicted of Certain Felonies.--
+</DELETED>
+<DELETED> (1) In general.--No individual who has been
+convicted of a felony offense involving insider trading,
+embezzlement, cybercrime, money laundering, financing of
+terrorism, or financial fraud may serve as--</DELETED>
+<DELETED> (A) an officer of a payment stablecoin
+issuer; or</DELETED>
+<DELETED> (B) a director of a payment stablecoin
+issuer.</DELETED>
+<DELETED> (2) Penalty.--</DELETED>
+<DELETED> (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.</DELETED>
+<DELETED> (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.</DELETED>
+<DELETED> (f) Rulemaking.--</DELETED>
+<DELETED> (1) In general.--Consistent with section 18, the
+primary Federal payment stablecoin regulators and State payment
+stablecoin regulators shall issue such regulations as may be
+necessary to establish a payment stablecoin regulatory
+framework necessary to administer and carry out the
+requirements of this section, including to establish
+conditions, and to prevent evasions thereof.</DELETED>
+<DELETED> (2) Joint issuance of regulation.--All regulations
+issued to carry out this section shall be issued jointly by the
+primary Federal payment stablecoin regulators, if not issued by
+a State payment stablecoin regulator.</DELETED>
+
+<DELETED>SEC. 5. APPROVAL OF SUBSIDIARIES OF INSURED DEPOSITORY
+INSTITUTIONS AND FEDERAL QUALIFIED NONBANK PAYMENT
+STABLECOIN ISSUERS.</DELETED>
+
+<DELETED> (a) Application.--</DELETED>
+<DELETED> (1) In general.--Each primary Federal payment
+stablecoin regulator shall receive, review, and consider for
+approval applications from any insured depository institution
+that seeks to issue payment stablecoins through a subsidiary
+and any nonbank entity that seeks to issue payment stablecoins
+as a Federal qualified nonbank payment stablecoin issuer. Each
+primary Federal payment stablecoin regulator shall establish a
+process and framework for the licensing, regulation,
+examination, and supervision of such entities that prioritizes
+the safety and soundness of such entities.</DELETED>
+<DELETED> (2) Authority to issue regulations and process
+applications.--The primary Federal payment stablecoin
+regulators shall, before the date described in section 18--
+</DELETED>
+<DELETED> (A) issue regulations consistent with that
+section to carry out this section; and</DELETED>
+<DELETED> (B) pursuant to the regulations described
+in subparagraph (A), accept and process applications
+under this Act.</DELETED>
+<DELETED> (3) Mandatory approval process.--The primary
+Federal payment stablecoin regulator shall, upon receipt of a
+substantially complete application, evaluate and make a
+determination on each application based on the criteria
+established under this Act.</DELETED>
+<DELETED> (b) Evaluation of Applications.--A substantially complete
+application received under subsection (a) shall be evaluated by the
+primary Federal payment stablecoin regulator using the factors
+described in subsection (c).</DELETED>
+<DELETED> (c) Factors to Be Considered.--The factors described in
+this subsection are the following:</DELETED>
+<DELETED> (1) The ability of the applicant (or, in the case
+of an applicant that is an insured depository institution, the
+subsidiary of the applicant), based on financial condition and
+resources, to meet the requirements set forth under section
+4.</DELETED>
+<DELETED> (2) Whether an individual who has been convicted
+of a felony offense involving insider trading, embezzlement,
+cybercrime, money laundering, financing of terrorism, or
+financial fraud is serving as an officer or director of the
+applicant.</DELETED>
+<DELETED> (3) Any other factors established by the primary
+Federal payment stablecoin regulator that are necessary to
+ensure the safety and soundness of the permitted payment
+stablecoin issuer.</DELETED>
+<DELETED> (d) Timing for Decision; Grounds for Denial.--</DELETED>
+<DELETED> (1) Timing for decisions on applications.--
+</DELETED>
+<DELETED> (A) In general.--Not later than 120 days
+after receiving a substantially complete application
+under subsection (a), a primary Federal payment
+stablecoin regulator shall render a decision on the
+application.</DELETED>
+<DELETED> (B) Substantially complete.--</DELETED>
+<DELETED> (i) In general.--For purposes of
+subparagraph (A), an application shall be
+considered substantially complete if the
+application contains sufficient information for
+the primary Federal payment stablecoin
+regulator to render a decision on whether the
+applicant satisfies the criteria under
+subsection (c).</DELETED>
+<DELETED> (ii) Notification.--Not later than
+30 days after receiving an application under
+subsection (a), a primary Federal payment
+stablecoin regulator shall notify the applicant
+whether the primary Federal payment stablecoin
+regulator considers the application to be
+substantially complete and, if the application
+is not substantially complete, the additional
+information the applicant must provide in order
+for the application to be considered
+substantially complete.</DELETED>
+<DELETED> (iii) Material change in
+circumstances.--An application considered
+substantially complete under this subparagraph
+remains substantially complete unless there is
+a material change in circumstances that
+requires the primary Federal payment stablecoin
+regulator to treat the application as a new
+application.</DELETED>
+<DELETED> (2) Denial of application.--</DELETED>
+<DELETED> (A) Grounds for denial.--</DELETED>
+<DELETED> (i) In general.--The primary
+Federal payment stablecoin regulator shall only
+deny a complete application received under
+subsection (a) if the regulator determines that
+the activities of the applicant would be unsafe
+or unsound based on the factors described in
+subsection (c).</DELETED>
+<DELETED> (ii) Issuance not ground for
+denial.--The issuance of a payment stablecoin
+on an open, public, or decentralized network
+shall not be a valid ground for denial of an
+application.</DELETED>
+<DELETED> (B) Explanation required.--If the primary
+Federal payment stablecoin regulator denies a complete
+application received under subsection (a), not later
+than 30 days after the date of such denial, the
+regulator shall provide the applicant with written
+notice explaining the denial with specificity,
+including all findings made by the regulator with
+respect to all identified material shortcomings in the
+application, including actionable recommendations on
+how the applicant could address the identified material
+shortcomings.</DELETED>
+<DELETED> (C) Opportunity for hearing; final
+determination.--</DELETED>
+<DELETED> (i) In general.--Not later than 30
+days after the date of receipt of any notice of
+the denial of an application under this
+section, the applicant may request, in writing,
+an opportunity for a written or oral hearing
+before the primary Federal payment stablecoin
+regulator to appeal the denial.</DELETED>
+<DELETED> (ii) Timing.--Upon receipt of a
+timely request, the primary Federal payment
+stablecoin regulator shall notice a time (not
+later than 30 days after the date of receipt of
+the request) and place at which the applicant
+may appear, personally or through counsel, to
+submit written materials or provide oral
+testimony and oral argument).</DELETED>
+<DELETED> (iii) Final determination.--Not
+later than 60 days after the date of a hearing
+under this subparagraph, the primary Federal
+payment stablecoin regulator shall notify the
+applicant of a final determination, which shall
+contain a statement of the basis for that
+determination, with specific
+findings.</DELETED>
+<DELETED> (iv) Notice if no hearing.--If an
+applicant does not make a timely request for a
+hearing under this subparagraph, the primary
+Federal payment stablecoin regulator shall
+notify the applicant, not later than 10 days
+after the date by which the applicant may
+request a hearing under this subparagraph, in
+writing, that the denial of the application is
+a final determination of the primary Federal
+payment stablecoin regulator.</DELETED>
+<DELETED> (3) Failure to render a decision.--If the primary
+Federal payment stablecoin regulator fails to render a decision
+on a complete application within the time period specified in
+paragraph (1), the application shall be deemed
+approved.</DELETED>
+<DELETED> (4) Right to reapply.--The denial of an
+application under this section shall not prohibit the applicant
+from filing a subsequent application.</DELETED>
+<DELETED> (e) Report on Pending Applications.--The primary Federal
+payment stablecoin regulators shall annually report to Congress on the
+applications under subsection (a) that have been pending for 180 days
+or more since the date the initial application was filed and for which
+the applicant has been informed that the application remains
+incomplete, including documentation on the status of such applications
+and why such applications have not yet been approved.</DELETED>
+<DELETED> (f) Rulemaking.--Consistent with section 18, the primary
+Federal payment stablecoin regulators shall rules necessary for the
+regulation of the issuance of payment stablecoins, but may not impose
+requirements in addition to the requirements specified under section
+4.</DELETED>
+
+<DELETED>SEC. 6. SUPERVISION AND ENFORCEMENT WITH RESPECT TO
+SUBSIDIARIES OF INSURED DEPOSITORY INSTITUTIONS AND
+COMPTROLLER-REGULATED ENTITIES.</DELETED>
+
+<DELETED> (a) Supervision.--</DELETED>
+<DELETED> (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.</DELETED>
+<DELETED> (2) Submission of reports.--Each permitted payment
+stablecoin issuer described in paragraph (1) shall, upon
+request, submit to its primary Federal payment stablecoin
+regulator a report on--</DELETED>
+<DELETED> (A) the financial condition of the
+permitted payment stablecoin issuer;</DELETED>
+<DELETED> (B) the systems of the permitted payment
+stablecoin issuer for monitoring and controlling
+financial and operating risks; and</DELETED>
+<DELETED> (C) compliance by the permitted payment
+stablecoin issuer (and any subsidiary thereof) with
+this Act.</DELETED>
+<DELETED> (3) Examinations.--The primary Federal payment
+stablecoin regulator shall examine a permitted payment
+stablecoin issuer described in paragraph (1) in order to
+assess--</DELETED>
+<DELETED> (A) the nature of the operations and
+financial condition of the permitted payment stablecoin
+issuer;</DELETED>
+<DELETED> (B) the financial, operational,
+technological, and other risks within the permitted
+payment stablecoin issuer that may pose a threat to--
+</DELETED>
+<DELETED> (i) the safety and soundness of
+the permitted payment stablecoin issuer;
+or</DELETED>
+<DELETED> (ii) the stability of the
+financial system of the United States;
+and</DELETED>
+<DELETED> (C) the systems of the permitted payment
+stablecoin issuer for monitoring and controlling the
+risks described in subparagraph (B).</DELETED>
+<DELETED> (4) Requirements for efficiency.--</DELETED>
+<DELETED> (A) Use of existing reports.--In
+supervising and examining a permitted payment
+stablecoin issuer under this subsection, the primary
+Federal payment stablecoin regulator shall, to the
+fullest extent possible, use existing reports and other
+supervisory information.</DELETED>
+<DELETED> (B) Avoidance of duplication.--A primary
+Federal payment stablecoin regulator shall, to the
+fullest extent possible, avoid duplication of
+examination activities, reporting requirements, and
+requests for information in carrying out this
+subsection with respect to a permitted payment
+stablecoin issuer.</DELETED>
+<DELETED> (C) Consideration of burden.--A primary
+Federal payment stablecoin regulator shall, with
+respect to any examination or request for the
+submission of a report under this subsection, only
+request examinations and reports at a cadence and in a
+format that is similar to those required for similarly
+situated entities regulated by the primary Federal
+payment stablecoin regulator.</DELETED>
+<DELETED> (b) Enforcement.--</DELETED>
+<DELETED> (1) Suspension or revocation of registration.--The
+primary Federal payment stablecoin regulator of a permitted
+payment stablecoin issuer that is not a State qualified payment
+stablecoin issuer may prohibit the permitted payment stablecoin
+issuer from issuing payment stablecoins, if the primary Federal
+payment stablecoin regulator determines that such permitted
+payment stablecoin issuer, or an institution-affiliated party
+of the permitted payment stablecoin issuer--</DELETED>
+<DELETED> (A) is recklessly violating or has
+recklessly violated this Act or any regulation or order
+issued under this Act; or</DELETED>
+<DELETED> (B) is recklessly violating or has
+recklessly violated 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.</DELETED>
+<DELETED> (2) Cease-and-desist proceedings.--If the primary
+Federal payment stablecoin regulator of a permitted payment
+stablecoin issuer that is not a State qualified payment
+stablecoin issuer has reasonable cause to believe that the
+permitted payment stablecoin issuer or any institution-
+affiliated party of the permitted payment stablecoin issuer is
+violating, has violated, or is attempting to violate this Act,
+any regulation or order issued under this Act, or any written
+agreement entered into with the primary Federal payment
+stablecoin regulator or condition imposed in writing by the
+primary Federal payment stablecoin regulator in connection with
+any application or other request, the primary Federal payment
+stablecoin regulator may, by provisions that are mandatory or
+otherwise, order the permitted payment stablecoin issuer or
+institution-affiliated party of the permitted payment
+stablecoin issuer to--</DELETED>
+<DELETED> (A) cease and desist from such violation
+or practice; or</DELETED>
+<DELETED> (B) take affirmative action to correct the
+conditions resulting from any such violation or
+practice.</DELETED>
+<DELETED> (3) Removal and prohibition authority.--The
+primary Federal payment stablecoin regulator of a permitted
+payment stablecoin issuer that is not a State qualified payment
+stablecoin issuer may remove an institution-affiliated party of
+the permitted payment stablecoin issuer from their position or
+office or prohibit further participation in the affairs of the
+permitted payment stablecoin issuer or all such permitted
+payment stablecoin issuers by such institution-affiliated
+party, if the primary Federal payment stablecoin regulator
+determines that--</DELETED>
+<DELETED> (A) the institution-affiliated party has
+knowingly committed a violation or attempted violation
+of this Act or any regulation or order issued under
+this Act; or</DELETED>
+<DELETED> (B) the institution-affiliated party has
+knowingly committed a violation of any provision of
+subchapter II of chapter 53 of title 31, United States
+Code.</DELETED>
+<DELETED> (4) Procedures.--</DELETED>
+<DELETED> (A) In general.--If a primary Federal
+payment stablecoin regulator identifies a violation or
+attempted violation of this Act or makes a
+determination under paragraph (1), (2), or (3), the
+primary Federal payment stablecoin regulator shall
+comply with the procedures set forth in subsections (b)
+and (e) of sections 8 of the Federal Deposit Insurance
+Act (12 U.S.C. 1818).</DELETED>
+<DELETED> (B) Judicial review.--A person aggrieved
+by a final action under this subsection may obtain
+judicial review of such action exclusively as provided
+in section 8(h) of the Federal Deposit Insurance Act
+(12 U.S.C. 1818(h)).</DELETED>
+<DELETED> (C) Injunction.--The primary Federal
+payment stablecoin regulator may, in the discretion of
+the regulator, follow the procedures provided in
+section 8(i)(1) of the Federal Deposit Insurance Act
+(12 U.S.C. 1818(i)(1)) for judicial enforcement of any
+effective and outstanding notice or order issued under
+this subsection.</DELETED>
+<DELETED> (D) Temporary cease-and-desist
+proceedings.--If the primary Federal payment stablecoin
+regulator determines that a violation or attempted
+violation of this Act or an action with respect to
+which a determination was made under paragraph (1),
+(2), or (3), or the continuation thereof, is likely to
+cause insolvency or significant dissipation of assets
+or earnings of a permitted payment stablecoin issuer,
+or is likely to weaken the condition of the permitted
+payment stablecoin issuer or otherwise prejudice the
+interests of the customers of the permitted payment
+stablecoin issuer prior to the completion of the
+proceedings conducted under this paragraph, the primary
+Federal payment stablecoin regulator may follow the
+procedures provided in section 8(c) of the Federal
+Deposit Insurance Act (12 U.S.C. 1818(c)) to issue a
+temporary cease-and-desist order.</DELETED>
+<DELETED> (5) Civil money penalties.--</DELETED>
+<DELETED> (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.</DELETED>
+<DELETED> (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.</DELETED>
+<DELETED> (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.</DELETED>
+<DELETED> (D) Procedure.--Any penalty imposed under
+this paragraph may be assessed and collected by the
+primary Federal payment stablecoin regulator pursuant
+to the procedures set forth in section 8(i)(2) of the
+Federal Deposit Insurance Act (12 U.S.C.
+1818(i)(2)).</DELETED>
+<DELETED> (E) Notice and orders after separation
+from service.--The resignation, termination of
+employment or participation, or separation of an
+institution-affiliated party (including a separation
+caused by the closing of a permitted payment stablecoin
+issuer) shall not affect the jurisdiction and authority
+of the primary Federal payment stablecoin regulator to
+issue any notice or order and proceed under this
+subsection against any such party, if such notice or
+order is served before the end of the 6-year period
+beginning on the date such party ceased to be an
+institution-affiliated party with respect to such
+permitted payment stablecoin issuer.</DELETED>
+<DELETED> (6) Non-applicability to a state qualified payment
+stablecoin issuer.--Notwithstanding anything in this subsection
+to the contrary, this subsection shall not apply to a State
+qualified payment stablecoin issuer.</DELETED>
+
+<DELETED>SEC. 7. STATE QUALIFIED PAYMENT STABLECOIN ISSUERS.</DELETED>
+
+<DELETED> (a) In General.--A State payment stablecoin regulator
+shall have supervisory, examination, and enforcement authority over all
+State qualified payment stablecoin issuers of such State.</DELETED>
+<DELETED> (b) Authority To Enter Into Agreements With the Board.--A
+State payment stablecoin regulator may enter into a memorandum of
+understanding with the Board, by mutual agreement, under which the
+Board may participate in the supervision, examination, and enforcement
+of this Act with respect to the State qualified payment stablecoin
+issuers of such State.</DELETED>
+<DELETED> (c) Sharing of Information.--A State payment stablecoin
+regulator and the Board shall share information on an ongoing basis
+with respect to a State qualified payment stablecoin issuer of such
+State, including a copy of the initial application and any accompanying
+documents.</DELETED>
+<DELETED> (d) Rulemaking.--A State payment stablecoin regulator may
+issue orders and rules under section 4 applicable to State qualified
+payment stablecoin issuers to the same extent as the primary Federal
+payment stablecoin regulators issue orders and rules under section 4
+applicable to permitted payment stablecoin issuers that are not a State
+qualified payment stablecoin issuers.</DELETED>
+<DELETED> (e) Enforcement Authority in Unusual and Exigent
+Circumstances.--</DELETED>
+<DELETED> (1) Board.--</DELETED>
+<DELETED> (A) In general.--Subject to subparagraph
+(C), under unusual and exigent circumstances that the
+Board determines to exist, the Board may, after not
+less than 48 hours prior written notice to the
+applicable State payment stablecoin regulator, take an
+enforcement action against a State qualified payment
+stablecoin issuer or an institution-affiliated party of
+such issuer for violations of this Act during such
+unusual and exigent circumstances.</DELETED>
+<DELETED> (B) Rulemaking.--Consistent with section
+18, the Board shall issue rules to set forth the
+unusual and exigent circumstances in which the Board
+may act under this paragraph.</DELETED>
+<DELETED> (C) Limitations.--If, after unusual and
+exigent circumstances are determined to exist pursuant
+to subparagraph (A), the Board determines that there is
+reasonable cause to believe that the continuation by a
+State qualified payment stablecoin issuer of any
+activity constitutes a serious risk to the financial
+safety, soundness, or stability of the State qualified
+payment stablecoin issuer, the Board may impose such
+restrictions as the Board determines to be necessary to
+address such risk during such usual and exigent
+circumstances. Such restrictions shall be issued in the
+form of a directive, with the effect of a cease and
+desist order that has become final, to the State
+qualified payment stablecoin issuer and any of its
+affiliates, limiting--</DELETED>
+<DELETED> (i) the payment of dividends by
+the State qualified payment stablecoin
+issuer;</DELETED>
+<DELETED> (ii) transactions between the
+State qualified payment stablecoin issuer, a
+holding company, and the subsidiaries or
+affiliates of either the State qualified
+payment stablecoin issuer or the holding
+company; and</DELETED>
+<DELETED> (iii) any activities of the State
+qualified payment stablecoin issuer that might
+create a serious risk that the liabilities of a
+holding company and the affiliates of the
+holding company may be imposed on the State
+qualified payment stablecoin issuer.</DELETED>
+<DELETED> (D) Review of directive.--</DELETED>
+<DELETED> (i) Administrative review.--
+</DELETED>
+<DELETED> (I) In general.--After a
+directive described in subparagraph (C)
+is issued, the State qualified payment
+stablecoin issuer, or any institution-
+affiliated party of the State qualified
+payment stablecoin issuer subject to
+the directive, may object and present
+to the Board, in writing, the reasons
+why the directive should be modified or
+rescinded.</DELETED>
+<DELETED> (II) Automatic lapse of
+directive.--If, after 10 days after the
+receipt of a response described in
+subclause (I), the Board does not
+affirm, modify, or rescind the
+directive, the directive shall
+automatically lapse.</DELETED>
+<DELETED> (ii) Judicial review.--</DELETED>
+<DELETED> (I) In general.--If the
+Board affirms or modifies a directive
+pursuant to clause (i), any affected
+party may immediately thereafter
+petition the United States district
+court for the district in which the
+main office of the affected party is
+located or in the United States
+District Court for the District of
+Columbia to stay, modify, terminate, or
+set aside the directive.</DELETED>
+<DELETED> (II) Relief for
+extraordinary cause.--Upon a showing of
+extraordinary cause, an affected party
+may petition for relief under subclause
+(I) without first pursuing or
+exhausting the administrative remedies
+under clause (i).</DELETED>
+<DELETED> (2) Comptroller.--</DELETED>
+<DELETED> (A) In general.--Subject to subparagraph
+(C), under unusual and exigent circumstances determined
+to exist by the Comptroller, the Comptroller shall,
+after not less than 48 hours prior written notice to
+the applicable State payment stablecoin regulator, take
+an enforcement action against a State qualified payment
+stablecoin issuer that is a nonbank entity for
+violations of this Act.</DELETED>
+<DELETED> (B) Rulemaking.--Consistent with section
+18, the Comptroller shall issue rules to set forth the
+unusual and exigent circumstances in which the
+Comptroller may act under this paragraph.</DELETED>
+<DELETED> (C) Limitations.--If, after unusual and
+exigent circumstances are determined to exist under
+subparagraph (A), the Comptroller determines that there
+is reasonable cause to believe that the continuation by
+a State qualified payment stablecoin issuer that is a
+nonbank entity of any activity constitutes a serious
+risk to the financial safety, soundness, or stability
+of the State qualified payment stablecoin issuer that
+is a nonbank entity, the Comptroller shall impose such
+restrictions as the Comptroller determines to be
+necessary to address such risk during such unusual and
+exigent circumstances. Such restrictions shall be
+issued in the form of a directive, with the effect of a
+cease and desist order that has become final, to the
+State qualified payment stablecoin issuer that is a
+nonbank entity and any of its affiliates, limiting--
+</DELETED>
+<DELETED> (i) the payment of dividends by
+the State qualified payment stablecoin
+issuer;</DELETED>
+<DELETED> (ii) transactions between the
+State qualified payment stablecoin issuer, a
+holding company, and the subsidiaries or
+affiliates of either the State qualified
+payment stablecoin issuer or the holding
+company; and</DELETED>
+<DELETED> (iii) any activities of the State
+qualified payment stablecoin issuer that might
+create a serious risk that the liabilities of a
+holding company and the affiliates of the
+holding company may be imposed on the State
+qualified payment stablecoin issuer.</DELETED>
+<DELETED> (D) Review of directive.--</DELETED>
+<DELETED> (i) Administrative review.--
+</DELETED>
+<DELETED> (I) In general.--After a
+directive described in subparagraph (C)
+is issued, the Comptroller-regulated
+entity, or any institution-affiliated
+party of the Comptroller-regulated
+entity subject to the directive, may
+object and present to the Comptroller,
+in writing, the reasons why the
+directive should be modified or
+rescinded.</DELETED>
+<DELETED> (II) Automatic lapse of
+directive.--If, after 10 days after the
+receipt of a response described in
+subclause (I), the Comptroller does not
+affirm, modify, or rescind the
+directive, the directive shall
+automatically lapse.</DELETED>
+<DELETED> (ii) Judicial review.--</DELETED>
+<DELETED> (I) In general.--If the
+Comptroller affirms or modifies a
+directive pursuant to clause (i), any
+affected party may immediately
+thereafter petition the United States
+district court for the district in
+which the main office of the affected
+party is located or in the United
+States District Court for the District
+of Columbia to stay, modify, terminate,
+or set aside the directive.</DELETED>
+<DELETED> (II) Relief for
+extraordinary cause.--Upon a showing of
+extraordinary cause, an affected party
+may petition for relief under subclause
+(I) without first pursuing or
+exhausting the administrative remedies
+under clause (i).</DELETED>
+<DELETED> (f) Effect on State Law.--</DELETED>
+<DELETED> (1) Host state law.--The laws of a host State,
+including generally applicable laws relating to consumer
+protection, shall only apply to the activities conducted in the
+host State by an out-of-State State qualified payment
+stablecoin issuer to the same extent as such laws apply to the
+activities conducted in the host State by an out-of-State
+Federal qualified nonbank payment stablecoin issuer.</DELETED>
+<DELETED> (2) Home state law.--If any host State law is
+determined not to apply under paragraph (1), the laws of the
+home State of the State qualified payment stablecoin issuer
+shall govern the activities of the permitted payment stablecoin
+issuer conducted in the host State.</DELETED>
+<DELETED> (3) Applicability.--The laws applicable under
+paragraph (1) exclude host State laws governing the chartering,
+licensure, or other authorization to do business in the host
+State as a permitted payment stablecoin issuer pursuant to this
+Act.</DELETED>
+
+<DELETED>SEC. 8. ANTI-MONEY LAUNDERING PROTECTIONS.</DELETED>
+
+<DELETED> (a) Definitions.--In this subsection:</DELETED>
+<DELETED> (1) Digital asset service provider.--The term
+``digital asset service provider''--</DELETED>
+<DELETED> (A) means a person that, for compensation
+or profit, engages in the business in the United States
+or for customers or users in the United States, of--
+</DELETED>
+<DELETED> (i) exchanging digital assets for
+monetary value;</DELETED>
+<DELETED> (ii) exchanging digital assets for
+other digital assets;</DELETED>
+<DELETED> (iii) transferring digital assets
+to a third party;</DELETED>
+<DELETED> (iv) acting as a digital asset
+custodian; or</DELETED>
+<DELETED> (v) participating in financial
+services related to a digital asset issuance;
+and</DELETED>
+<DELETED> (B) does not include--</DELETED>
+<DELETED> (i) a distributed ledger protocol
+or a person solely developing such a protocol;
+or</DELETED>
+<DELETED> (ii) a person solely validating
+transactions or operating a distributed ledger
+node.</DELETED>
+<DELETED> (2) Offering.--The term ``offering'' means making
+available for purchase, sale, or exchange.</DELETED>
+<DELETED> (3) Distributed ledger protocol.--The term
+``distributed ledger protocol'' means publicly available and
+accessible executable software deployed to a distributed
+ledger, including smart contracts or networks of smart
+contracts.</DELETED>
+<DELETED> (4) Lawful order.--The term ``lawful order'' means
+any final and valid writ, process, order, rule, decree,
+command, or other requirement issued or promulgated under
+Federal law, issued by a court of competent jurisdiction or by
+an authorized Federal agency pursuant to its statutory
+authority, that--</DELETED>
+<DELETED> (A) requires a permitted payment
+stablecoin issuer to seize, freeze, burn, or prevent
+the transfer of payment stablecoins issued by the
+permitted payment stablecoin issuer;</DELETED>
+<DELETED> (B) specifies the digital assets or
+accounts subject to blocking with reasonable
+particularity; and</DELETED>
+<DELETED> (C) is subject to judicial or
+administrative review or appeal as provided by
+law.</DELETED>
+<DELETED> (b) Treasury Authority to Designate Noncompliant
+Issuers.--Not later than 30 days after the Department of the Treasury
+has identified the failure of a foreign issuer of any payment
+stablecoins trading in the United States that is not a permitted
+payment stablecoin issuer to comply with the terms of any lawful order,
+the Secretary of the Treasury, in coordination with relevant Federal
+agencies, shall designate the foreign issuer as noncompliant and notify
+the foreign issuer in writing of the designation.</DELETED>
+<DELETED> (c) Publication of Designation; Prohibition on Secondary
+Trading.--</DELETED>
+<DELETED> (1) In general.--If a foreign issuer described in
+subsection (b) does not come into compliance with the lawful
+order within 30 days of receiving the written notice described
+in that subsection, the Secretary of the Treasury shall--
+</DELETED>
+<DELETED> (A) publish the determination of
+noncompliance in the Federal Register, including a
+statement on the failure of the foreign issuer to
+comply with the lawful order after the written notice;
+and</DELETED>
+<DELETED> (B) issue a notification in the Federal
+Register prohibiting digital asset service providers
+from facilitating secondary trading of payment
+stablecoins issued by the foreign issuer in the United
+States.</DELETED>
+<DELETED> (2) Effective date of prohibition.--The
+prohibition on facilitation of secondary trading described in
+paragraph (1) shall become effective on the date that is 30
+days after the date of issue of notification of the prohibition
+in the Federal Register.</DELETED>
+<DELETED> (3) Waivers and extensions.--With respect to the
+prohibition on facilitation of secondary trading described in
+paragraph (1), the Secretary of the Treasury may issue waivers
+and time extensions to digital asset service providers on a
+case by case basis.</DELETED>
+<DELETED> (4) Civil monetary penalties.--</DELETED>
+<DELETED> (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.</DELETED>
+<DELETED> (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.</DELETED>
+<DELETED> (d) Appeal.--A determination of noncompliance under
+subsection (b) is subject to judicial review in the United States Court
+of Appeals for the District of Columbia Circuit.</DELETED>
+<DELETED> (e) Waiver, Licensing Authority, and Exceptions.--
+</DELETED>
+<DELETED> (1) In general.--The Secretary of the Treasury may
+offer a waiver, general license, or specific license to any
+United States persons engaging in secondary trading described
+in subsection (c) on a case by case basis if the Secretary
+determines that--</DELETED>
+<DELETED> (A) prohibiting secondary trading would
+adversely affect the financial system of the United
+States; or</DELETED>
+<DELETED> (B) the foreign issuer of the payment
+stablecoin is taking tangible steps to remedy the
+failure to comply with the lawful order that resulted
+in the noncompliance determination under subsection
+(b).</DELETED>
+<DELETED> (2) National security waiver.--The President may
+waive the application of the secondary trading restrictions
+under subsection (c) if the President determines that the
+waiver is in the national security interest of the United
+States.</DELETED>
+<DELETED> (3) Exceptions for intelligence and law
+enforcement activities.--This Act shall not apply with respect
+to--</DELETED>
+<DELETED> (A) activities subject to the reporting
+requirements under title V of the National Security Act
+of 1947 (50 U.S.C. 3091 et seq.) or any authorized
+intelligence activities of the United States;
+or</DELETED>
+<DELETED> (B) activities necessary to carry out or
+assist law enforcement activity of the United
+States.</DELETED>
+<DELETED> (4) Report required.--Not later than 7 days after
+issuing a waiver or a license under paragraph (1), the
+Secretary of the Treasury shall submit a report to the Chairmen
+and Ranking members of the Committee on Banking, Housing, and
+Urban Affairs of the Senate and the Committee on Financial
+Services of the House of Representatives, including the text of
+the waiver or license, as well as the facts and circumstances
+justifying the waiver determination, and provide a briefing on
+the report.</DELETED>
+
+<DELETED>SEC. 9. CUSTODY OF PAYMENT STABLECOIN RESERVE AND
+COLLATERAL.</DELETED>
+
+<DELETED> (a) In General.--A person may only engage in the business
+of providing custodial or safekeeping services for the payment
+stablecoin reserve, the payment stablecoins used as collateral, or the
+private keys of permitted payment stablecoins if the person--</DELETED>
+<DELETED> (1) is subject to--</DELETED>
+<DELETED> (A) supervision or regulation by a primary
+Federal payment stablecoin regulator or a primary
+financial regulatory agency described under
+subparagraph (B) or (C) of section 2(12) of the Dodd-
+Frank Wall Street Reform and Consumer Protection Act
+(12 U.S.C. 5301(12)); or</DELETED>
+<DELETED> (B) supervision by a State bank
+supervisor, as defined under section 3 of the Federal
+Deposit Insurance Act (12 U.S.C. 1813) or a State
+credit union supervisor, as defined under section 6003
+of the Anti-Money Laundering Act of 2020, and such
+state bank supervisor or state credit union supervisor
+makes available to the Board such information as the
+Board determines necessary and relevant to the
+categories of information under subsection (d);
+and</DELETED>
+<DELETED> (2) complies with the requirements under
+subsection (b), unless such person complies with similar
+requirements as required by a primary Federal payment
+stablecoin regulator, the Securities and Exchange Commission,
+or the Commodity Futures Trading Commission.</DELETED>
+<DELETED> (b) Customer Property Requirement.--A person described in
+subsection (a) shall--</DELETED>
+<DELETED> (1) treat and deal with the payment stablecoins,
+private keys, cash, and other property of a person for whom or
+on whose behalf the person receives, acquires, or holds payment
+stablecoins, private keys, cash, and other property
+(hereinafter in this section referred to as the ``customer'')
+as belonging to such customer and is not the property of such
+person; and</DELETED>
+<DELETED> (2) take such steps as are appropriate to protect
+the payment stablecoins, private keys, cash, and other property
+of a customer from the claims of creditors of the
+person.</DELETED>
+<DELETED> (c) Commingling Prohibited.--</DELETED>
+<DELETED> (1) In general.--Payment stablecoins, cash, and
+other property of a customer shall be separately accounted for
+by a person described in subsection (a) and shall be segregated
+from and not be commingled with the funds of the
+person.</DELETED>
+<DELETED> (2) Exception.--Notwithstanding paragraph (1)--
+</DELETED>
+<DELETED> (A) the payment stablecoins, cash, and
+other property of a customer may, for convenience, be
+commingled and deposited in an omnibus account holding
+the payment stablecoins, cash, and other property of
+more than 1 customer at a State chartered depository
+institution, an insured depository institution,
+national bank, or trust company;</DELETED>
+<DELETED> (B) such share of the payment stablecoins,
+cash, and other property of the customer that shall be
+necessary to transfer, adjust, or settle a transaction
+or transfer of assets may be withdrawn and applied to
+such purposes, including the payment of commissions,
+taxes, storage, and other charges lawfully accruing in
+connection with the provision of services by a person
+described in subsection (a); or</DELETED>
+<DELETED> (C) in accordance with such terms and
+conditions as a primary Federal payment stablecoin
+regulator may prescribe by rule, regulation, or order,
+any customer payment stablecoin, cash, and other
+property described in this subsection may be commingled
+and deposited in customer accounts with payment
+stablecoins, cash, and other property received by the
+person and required by the primary Federal payment
+stablecoin regulator to be separately accounted for,
+treated, and dealt with as belonging to
+customers.</DELETED>
+<DELETED> (d) Regulatory Information.--A person described under
+subsection (a) shall submit to the applicable primary Federal payment
+stablecoin regulator information concerning the person's business
+operations and processes to protect customer assets, in such form and
+manner as the primary regulator shall determine.</DELETED>
+<DELETED> (e) Exclusion.--The requirements of this section shall not
+apply to any person solely on the basis that such person engages in the
+business of providing hardware or software to facilitate a customer's
+own custody or safekeeping of the customer's payment stablecoins or
+private keys.</DELETED>
+
+<DELETED>SEC. 10. TREATMENT OF PAYMENT STABLECOIN ISSUERS IN INSOLVENCY
+PROCEEDINGS.</DELETED>
+
+<DELETED> (a) In General.--In any insolvency proceeding of a
+permitted payment stablecoin issuer under Federal or State law,
+including any proceeding under title 11, United States Code, and any
+insolvency proceeding administered by a State payment stablecoin
+regulator with respect to a permitted payment stablecoin issuer, the
+claim of a person holding payment stablecoins issued by the permitted
+payment stablecoin issuer shall have priority over the claims of the
+permitted payment stablecoin issuer and any other creditor of the
+permitted payment stablecoin issuer, with respect to required payment
+stablecoin reserves, subject to section 507(e) of title 11, United
+States Code.</DELETED>
+<DELETED> (b) Definitions.--Section 101 of title 11, United States
+Code, is amended by adding after paragraph (40B) the
+following:</DELETED>
+<DELETED> ``(40C) The terms `payment stablecoin' and
+`permitted payment stablecoin issuer' have the meanings given
+those terms in section 2 of the Guiding and Establishing
+National Innovation for U.S. Stablecoins Act of
+2025.''.</DELETED>
+<DELETED> (c) Automatic Stay.--Section 362 of title 11, United
+States Code is amended--</DELETED>
+<DELETED> (1) in subsection (a)--</DELETED>
+<DELETED> (A) in paragraph (7), by striking
+``and'';</DELETED>
+<DELETED> (B) in paragraph (8), by striking the
+period and inserting ``; and''; and</DELETED>
+<DELETED> (C) by adding at the end the
+following:</DELETED>
+<DELETED> ``(9) the redemption of payment stablecoins issued
+by the debtor, from payment stablecoin reserves required to be
+maintained under section 4 of the Guiding and Establishing
+National Innovation for U.S. Stablecoins Act of 2025.'';
+and</DELETED>
+<DELETED> (2) in subsection (d)--</DELETED>
+<DELETED> (A) in paragraph (3)(B)(ii), by striking
+``or'' at the end;</DELETED>
+<DELETED> (B) in paragraph (4)(B), by striking the
+period at the end and inserting ``; or''; and</DELETED>
+<DELETED> (C) by inserting after paragraph (4) the
+following:</DELETED>
+<DELETED> ``(5) with respect to the redemption of payment
+stablecoins held by a person, if the court finds, subject to
+the motion and attestation of the debtor on the petition date,
+there are payment stablecoin reserves available for
+distribution on a ratable basis to similarly situated payment
+stablecoin holders, provided that the court shall use best
+efforts to enter a final order to begin distributions under
+this paragraph not later than 14 days after the date of the
+required hearing.''.</DELETED>
+<DELETED> (d) Priority in Bankruptcy Proceedings.--Section 507 of
+title 11, United States Code, is amended--</DELETED>
+<DELETED> (1) in subsection (a), by striking ``The
+following'' and inserting ``Subject to subsection (e), the
+following''; and</DELETED>
+<DELETED> (2) by adding at the end the following:</DELETED>
+<DELETED> ``(e) Notwithstanding subsection (a), if a payment
+stablecoin holder is not able to redeem all outstanding payment
+stablecoin claims from required payment stablecoin reserves maintained
+by the debtor, any remaining claim of a person holding a payment
+stablecoin issued by the debtor shall have first priority over any
+other claim, including over any expenses and claims that have priority
+under that subsection, to the extent compliance with section 4 of the
+Guiding and Establishing National Innovation for U.S. Stablecoins Act
+of 2025 would have required additional reserves to be maintained by the
+debtor for payment stablecoin holders.''.</DELETED>
+<DELETED> (e) Payment Stablecoin Reserves.--Section 541(b) of title
+11, United States Code, is amended--</DELETED>
+<DELETED> (1) in paragraph (9), in the flush text following
+subparagraph (B), by striking ``or'' at the end;</DELETED>
+<DELETED> (2) in paragraph (10)(C), by striking the period
+and inserting ``; or''; and</DELETED>
+<DELETED> (3) by inserting after paragraph (10) the
+following:</DELETED>
+<DELETED> ``(11) required payment stablecoin reserves under
+section 4 of the Guiding and Establishing National Innovation
+for U.S. Stablecoins Act of 2025.''.</DELETED>
+<DELETED> (f) Intervention.--Section 1109 of title 11, United States
+Code, is amended by adding at the end the following:</DELETED>
+<DELETED> ``(c) The Comptroller of the Currency or State payment
+stablecoin regulator (as defined in section 2 of the Guiding and
+Establishing National Innovation for U.S. Stablecoins Act of 2025)
+shall raise and shall appear and be heard on any issue, including the
+protection of customers, in a case under this chapter in which the
+debtor is a permitted payment stablecoin issuer.''.</DELETED>
+<DELETED> (g) Application of Existing Insolvency Law.--In accordance
+with otherwise applicable law, an insolvency proceeding with respect to
+a permitted payment stablecoin issuer shall occur as follows:</DELETED>
+<DELETED> (1) A depository institution (as defined in
+section 3 of the Federal Deposit Insurance Act (12 U.S.C.
+1813)) shall be resolved by the Federal Deposit Insurance
+Corporation, National Credit Union Administration, or State
+payment stablecoin regulator, as applicable.</DELETED>
+<DELETED> (2) A subsidiary of a depository institution (as
+defined in section 3 of the Federal Deposit Insurance Act (12
+U.S.C. 1813)) or a nonbank entity may be considered a debtor
+under title 11, United States Code.</DELETED>
+
+<DELETED>SEC. 11. INTEROPERABILITY STANDARDS.</DELETED>
+
+<DELETED> The primary Federal payment stablecoin regulators, in
+consultation with the National Institute of Standards and Technology,
+other relevant standard setting organizations, and State bank and
+credit union regulators, shall assess and, if necessary, may, pursuant
+to section 553 of title 5 and in a manner consistent with the National
+Technology Transfer and Advancement Act of 1995 (Public Law 104-113),
+prescribe standards for permitted payment stablecoin issuers to promote
+compatibility and interoperability with--</DELETED>
+<DELETED> (1) other permitted payment stablecoin issuers;
+and</DELETED>
+<DELETED> (2) the broader digital finance ecosystem,
+including accepted communications protocols and blockchains,
+permissioned or public.</DELETED>
+
+<DELETED>SEC. 12. STUDY ON NON-PAYMENT STABLECOINS.</DELETED>
+
+<DELETED> (a) Study by Treasury.--</DELETED>
+<DELETED> (1) Study.--The Secretary of the Treasury, in
+consultation with the Board, the Comptroller, the Corporation,
+the Securities and Exchange Commission, and the Commodity
+Futures Trading Commission shall carry out a study of non-
+payment stablecoins, including endogenously collateralized
+payment stablecoins.</DELETED>
+<DELETED> (2) Report.--Not later than 365 days after the
+date of the enactment of this Act, the Secretary shall provide
+to the Committee on Financial Services of the House of
+Representatives and the Committee on Banking, Housing, and
+Urban Affairs of the Senate a report that contains all findings
+made in carrying out the study under paragraph (1), including
+an analysis of--</DELETED>
+<DELETED> (A) the categories of non-payment
+stablecoins, including the benefits and risks of
+technological design features;</DELETED>
+<DELETED> (B) the participants in non-payment
+stablecoin arrangements;</DELETED>
+<DELETED> (C) utilization and potential utilization
+of non-payment stablecoins;</DELETED>
+<DELETED> (D) nature of reserve
+compositions;</DELETED>
+<DELETED> (E) types of algorithms being
+employed;</DELETED>
+<DELETED> (F) governance structure, including
+aspects of decentralization;</DELETED>
+<DELETED> (G) nature of public promotion and
+advertising; and</DELETED>
+<DELETED> (H) clarity and availability of consumer
+notices disclosures.</DELETED>
+<DELETED> (b) Endogenously Collateralized Payment Stablecoin
+Defined.--In this section, the term ``endogenously collateralized
+payment stablecoin'' means any digital asset--</DELETED>
+<DELETED> (1) in which its originator has represented will
+be converted, redeemed, or repurchased for a fixed amount of
+monetary value; and</DELETED>
+<DELETED> (2) that relies solely on the value of another
+digital asset created or maintained by the same originator to
+maintain the fixed price.</DELETED>
+
+<DELETED>SEC. 13. REPORTS.</DELETED>
+
+<DELETED> (a) Annual Reporting Requirement.--Beginning on the date
+that is 1 year after the date of enactment of this Act, and annually
+thereafter, the primary Federal payment stablecoin regulators shall
+submit to the Committee on Banking, Housing, and Urban Affairs of the
+Senate, the Committee on Financial Services of the House of
+Representatives, and the Director of the Office of Financial Research a
+report on the status of the payment stablecoin industry, including--
+</DELETED>
+<DELETED> (1) an overview of trends in payment stablecoin
+activities;</DELETED>
+<DELETED> (2) a summary of the number of applications for
+permitted payment stablecoin issuer under section 5, including
+aggregate approvals and rejections of applications;
+and</DELETED>
+<DELETED> (3) a description of the potential financial
+stability risks posed to the safety and soundness of the
+broader financial system by payment stablecoin
+activities.</DELETED>
+<DELETED> (b) FSOC Report.--The Financial Stability Oversight
+Council shall incorporate the findings in the report under subsection
+(a) into the annual report of the Council required under section
+112(a)(2)(N) of the Dodd-Frank Wall Street Reform and Consumer
+Protection Act (12 U.S.C. 5322).</DELETED>
+
+<DELETED>SEC. 14. AUTHORITY OF BANKING INSTITUTIONS.</DELETED>
+
+<DELETED> (a) Rule of Construction.--Nothing in this Act may be
+construed to limit the authority of a depository institution, Federal
+credit union, State credit union, national bank, or trust company to
+engage in activities permissible pursuant to applicable State and
+Federal law, including--</DELETED>
+<DELETED> (1) accepting or receiving deposits and issuing
+digital assets that represent deposits;</DELETED>
+<DELETED> (2) utilizing a distributed ledger for the books
+and records of the entity and to affect intrabank transfers;
+and</DELETED>
+<DELETED> (3) providing custodial services for payment
+stablecoins, private keys of payment stablecoins, or reserves
+backing payment stablecoins.</DELETED>
+<DELETED> (b) Regulatory Review.--The primary Federal payment
+stablecoin regulators shall review all existing guidance and
+regulations, and if necessary, amend or promulgate new regulations and
+guidance, to clarify that regulated entities can engage in the payment
+stablecoin activities contemplated in, and in accordance with, this
+Act.</DELETED>
+<DELETED> (c) Treatment of Custody Activities.--The appropriate
+Federal banking agency (as defined under section 3 of the Federal
+Deposit Insurance Act (12 U.S.C. 1813)), the National Credit Union
+Administration (in the case of a credit union), and the Securities and
+Exchange Commission may not require a depository institution, national
+bank, Federal credit union, State credit union, or trust company, or
+any institution-affiliated party thereof--</DELETED>
+<DELETED> (1) to include assets held in custody that are not
+owned by the entity as a liability on the financial statement
+or balance sheet of the entity, including payment stablecoin
+custody or safekeeping activities;</DELETED>
+<DELETED> (2) to hold regulatory capital against assets,
+including reserves backing such assets described in section
+4(a)(1)(A), in custody or safekeeping, except as necessary to
+mitigate against operational risks inherent with the custody or
+safekeeping services, as determined by--</DELETED>
+<DELETED> (A) the appropriate Federal banking
+agency;</DELETED>
+<DELETED> (B) the National Credit Union
+Administration (in the case of a credit
+union);</DELETED>
+<DELETED> (C) a State bank supervisor (as defined
+under section 3 of the Federal Deposit Insurance Act
+(12 U.S.C. 1813)); or</DELETED>
+<DELETED> (D) a State credit union supervisor (as
+defined under section 6003 of the Anti-Money Laundering
+Act of 2020);</DELETED>
+<DELETED> (3) to recognize a liability for any obligations
+related to activities or services performed for digital assets
+that the entity does not own in any amount greater than the
+expense recognized in the income statement or the consideration
+received as a result of the corresponding obligation.</DELETED>
+<DELETED> (d) Definitions.--In this section:</DELETED>
+<DELETED> (1) Depository institution.--The term ``depository
+institution'' has the meaning given that term under section 3
+of the Federal Deposit Insurance Act (12 U.S.C.
+1813).</DELETED>
+<DELETED> (2) Credit union terms.--The terms ``Federal
+credit union'' and ``State credit union'' have the meaning
+given those terms, respectively, under section 101 of the
+Federal Credit Union Act.</DELETED>
+
+<DELETED>SEC. 15. AMENDMENTS TO CLARIFY THAT PAYMENT STABLECOINS ARE
+NOT SECURITIES OR COMMODITIES AND PERMITTED PAYMENT
+STABLECOIN ISSUERS ARE NOT INVESTMENT
+COMPANIES.</DELETED>
+
+<DELETED> (a) Investment Advisers Act of 1940.--Section 202(a)(18)
+of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(18)) is
+amended by adding at the end the following: ``The term `security' does
+not include a payment stablecoin issued by a permitted payment
+stablecoin issuer, as such terms are defined in section 2 of the
+Guiding and Establishing National Innovation for U.S. Stablecoins Act
+of 2025.''.</DELETED>
+<DELETED> (b) Investment Company Act of 1940.--The Investment
+Company Act of 1940 is amended--</DELETED>
+<DELETED> (1) in section 2(a)(36) (15 U.S.C. 80a-
+2(a)(36))(15 U.S.C. 80a-2(a)(36)), by adding at the end the
+following: ``The term `security' does not include a payment
+stablecoin issued by a permitted payment stablecoin issuer, as
+such terms are defined in section 2 of the Guiding and
+Establishing National Innovation for U.S. Stablecoins Act of
+2025.''; and</DELETED>
+<DELETED> (2) in section 3(c)(3) (15 U.S.C. 80a-3(c)(3)), by
+inserting ``any permitted payment stablecoin issuer, as such
+term is defined in section 2 of the Guiding and Establishing
+National Innovation for U.S. Stablecoins Act of 2025;'' after
+``therefor;''.</DELETED>
+<DELETED> (c) Securities Act of 1933.--Section 2(a)(1) of the
+Securities Act of 1933 (15 U.S.C. 77b(a)(1)) is amended by adding at
+the end the following: ``The term `security' does not include a payment
+stablecoin issued by a permitted payment stablecoin issuer, as such
+terms are defined in section 2 of the Guiding and Establishing National
+Innovation for U.S. Stablecoins Act of 2025.''.</DELETED>
+<DELETED> (d) Securities Exchange Act of 1934.--Section 3(a)(10) of
+the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(10)) is amended
+by adding at the end the following: ``The term `security' does not
+include a payment stablecoin issued by a permitted payment stablecoin
+issuer, as such terms are defined in section 2 of the Guiding and
+Establishing National Innovation for U.S. Stablecoins Act of
+2025.''.</DELETED>
+<DELETED> (e) Securities Investor Protection Act of 1970.--Section
+16(14) of the Securities Investor Protection Act of 1970 (15 U.S.C.
+78lll(14)) is amended by adding at the end the following: ``The term
+`security' does not include a payment stablecoin issued by a permitted
+payment stablecoin issuer, as such terms are defined in section 2 of
+the Guiding and Establishing National Innovation for U.S. Stablecoins
+Act of 2025.''.</DELETED>
+<DELETED> (f) Commodity Exchange Act.--Section 1a of the Commodity
+Exchange Act (7 U.S.C. 1a) is amended by adding at the end the
+following: ``The term `commodity' does not include a payment stablecoin
+issued by a permitted payment stablecoin issuer, as such terms are
+defined in section 2 of the Guiding and Establishing National
+Innovation for U.S. payment stablecoins Act of 2025.''</DELETED>
+
+<DELETED>SEC. 16. RECIPROCITY FOR PAYMENT STABLECOINS ISSUED IN
+OVERSEAS JURISDICTIONS.</DELETED>
+
+<DELETED> 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. The Secretary
+of the Treasury shall aim to complete such arrangements not later than
+the date that is 2 years after the date of enactment of this
+Act.</DELETED>
+
+<DELETED>SEC. 17. EFFECTIVE DATE.</DELETED>
+
+<DELETED> (a) In General.--This Act, and the amendments made by this
+Act, shall take effect on the earlier of--</DELETED>
+<DELETED> (1) 18 months after the date of enactment of this
+Act; or</DELETED>
+<DELETED> (2) the date that is 120 days after the date on
+which the primary Federal payment stablecoin regulators issue
+any final regulations implementing this Act.</DELETED>
+<DELETED> (b) Notice to Congress.--The primary Federal payment
+stablecoin regulators shall notify Congress upon beginning to process
+applications under this Act.</DELETED>
+<DELETED> (c) Safe Harbor for Pending Applications.--The primary
+Federal payment stablecoin regulators may waive the application of the
+requirements of this Act for a period not to exceed 12 months beginning
+on the effective date described under subsection (a), with respect to--
+</DELETED>
+<DELETED> (1) a subsidiary of an insured depository
+institution, if the insured depository institution has an
+application pending for the subsidiary to become a permitted
+payment stablecoin issuer on that effective date; or</DELETED>
+<DELETED> (2) a nonbank entity with an application pending
+to become a Comptroller-regulated entity on that effective
+date.</DELETED>
+
+<DELETED>SEC. 18. RULEMAKING.</DELETED>
+
+<DELETED> (a) In General.--Not later than 1 year after the date of
+enactment of this Act, each primary Federal payment stablecoin
+regulator, the Secretary of the Treasury, and each State payment
+stablecoin regulator shall implement this Act through appropriate
+notice and comment rulemaking, including promulgating regulations as
+described in this Act as necessary.</DELETED>
+<DELETED> (b) Coordination.--Federal payment stablecoin regulators
+and State payment stablecoin regulators should coordinate on the
+issuance of any regulations to implement this Act.</DELETED>
+<DELETED> (c) Report Required.--Not later than 180 days after the
+date of enactment of this Act, each Federal banking agency shall submit
+to the Committee on Banking, Housing, and Urban Affairs of the Senate
+and the Committee on Financial Services of the House of Representatives
+a report that confirms and describes the rules promulgated to implement
+this Act.</DELETED>
SECTION 1. SHORT TITLE.
@@ -63,7 +2176,7 @@
Federal Deposit Insurance Corporation.
(6) Digital asset.--The term ``digital asset'' means any
digital representation of value which is recorded on a
-cryptographically secured distributed ledger.
+cryptographically-secured distributed ledger.
(7) Distributed ledger.--The term ``distributed ledger''
means technology in which data is shared across a network that
creates a public digital ledger of verified transactions or
@@ -218,10 +2331,17 @@
permitted payment stablecoin issuer to issue a payment stablecoin in
the United States.
(b) Treatment.--A payment stablecoin that is not issued by a
-permitted payment stablecoin issuer shall not be acceptable as a
-settlement asset to facilitate wholesale payments between banking
-organizations or by a payment infrastructure to facilitate exchange and
-settlement among banking organizations.
+permitted payment stablecoin issuer shall not be--
+(1) treated as cash or a cash equivalent for accounting
+purposes;
+(2) eligible as cash or a cash equivalent margin and
+collateral for futures commission merchants, derivative
+clearing organizations, broker-dealers, registered clearing
+agencies, and swap dealers; or
+(3) acceptable as a settlement asset to facilitate
+wholesale payments between banking organizations or by a
+payment infrastructure to facilitate exchange and settlement
+among banking organizations.
(c) Penalty for Violation.--
(1) In general.--Whoever knowingly participates in a
violation of subsection (a) shall be fined not more than
@@ -240,7 +2360,7 @@
shall--
(A) maintain reserves backing the outstanding
payment stablecoins of the permitted payment stablecoin
-issuer on an at least a 1 to 1 basis, with reserves
+issuer on an at least 1 to 1 basis, with reserves
comprising--
(i) United States coins and currency
(including Federal reserve notes) or money
@@ -288,13 +2408,13 @@
compliance with rule 2a-7 issued under that Act
(or any successor rule) and that are invested
solely in underlying assets described in
-clauses (i) through (iv) of subparagraph (A);
-(vii) any other similarly liquid asset
-approved by the primary Federal payment
-stablecoin regulator, in consultation with the
-State payment stablecoin regulator, if
-applicable, of the permitted payment stablecoin
-issuer; or
+clauses (i) through (v) of subparagraph (A);
+(vii) any other similarly liquid federal
+government issued asset approved by the primary
+Federal payment stablecoin regulator, in
+consultation with the State payment stablecoin
+regulator, if applicable, of the permitted
+payment stablecoin issuer; or
(viii) any reserve described in clauses (i)
through (vii) in tokenized form, provided that
such reserves comply with all applicable laws
@@ -433,7 +2553,7 @@
agency'' has the meaning given that
term in section 3(q) of the Federal
Deposit Insurance Act (12 U.S.C.
-1813(q)); and
+1813(q); and
(II) ``depository institution
holding company'' has the meaning given
that term under section 171(a)(3) of
@@ -544,8 +2664,8 @@
made available for trading in the
United States unless the payment
stablecoin issuer has the technological
-capability to comply and will comply
-with the terms of any lawful order.
+capability to comply and complies with
+the terms of any lawful order.
(ii) Lawful order defined.--In this
paragraph, the term ``lawful order'' means any
final and valid writ, process, order, rule,
@@ -609,7 +2729,16 @@
and the Corporation, may by regulation or order, permit
such exceptions to clause (i) as the Board considers
will not be contrary to the purpose of this Act.
-(9) Regulation by the comptroller.--
+(9) Prohibition on the use of deceptive names.--A permitted
+payment stablecoin issuer may not market a payment stablecoin
+in such a way that a reasonable person would perceive the
+payment stablecoin to be--
+(A) legal tender, as described in section 5103 of
+title 31, United States Code;
+(B) issued by the United States; or
+(C) guaranteed or approved by the Government of the
+United States.
+(10) Regulation by the comptroller.--
(A) In general.--A Federal qualified nonbank
payment stablecoin issuer shall be regulated and
supervised exclusively by the Comptroller, which shall
@@ -628,7 +2757,7 @@
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.--
+(11) Audits and reports.--
(A) Annual financial statement.--
(i) In general.--A permitted payment
stablecoin issuer with more than
@@ -676,7 +2805,12 @@
fraud, material misstatements, and other financial
misrepresentations that could mislead permitted payment
stablecoin holders.
-(b) State-Level Regulatory Regimes.--
+(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
@@ -841,14 +2975,16 @@
(B) a director of a payment stablecoin issuer.
(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.
+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), the
-Federal payment stablecoin regulator shall refer the
-matter to the Attorney General.
+any person has knowingly violated paragraph (1) or
+subsection (d)(3), the Federal payment stablecoin
+regulator shall refer the matter to the Attorney
+General.
(f) Rulemaking.--
(1) In general.--Consistent with section 18, the primary
Federal payment stablecoin regulators and State payment
@@ -893,7 +3029,7 @@
application received under subsection (a) shall be evaluated by the
primary Federal payment stablecoin regulator using the factors
described in subsection (c).
-(c) Factors To Be Considered.--The factors described in this
+(c) Factors to Be Considered.--The factors described in this
subsection are the following:
(1) The ability of the applicant (or, in the case of an
applicant that is an insured depository institution, the
@@ -908,6 +3044,17 @@
payment stablecoin regulator that are necessary to ensure the
safety and soundness of the permitted payment stablecoin
issuer.
+(4) The competence, experience, and integrity of the
+officers, directors, and principal shareholders of the
+applicant, its subsidiaries, and parent company, including--
+(A) the record of those officers, directors, and
+principal shareholders of compliance with laws and
+regulations; and
+(B) the ability of those officers, directors, and
+principal shareholders to fulfill any commitments to,
+and any conditions imposed by, their primary Federal
+payment stablecoin regulator in connection with the
+application at issue and any prior applications.
(d) Timing for Decision; Grounds for Denial.--
(1) Timing for decisions on applications.--
(A) In general.--Not later than 120 days after
@@ -980,7 +3127,7 @@
request) and place at which the applicant may
appear, personally or through counsel, to
submit written materials or provide oral
-testimony and oral argument.
+testimony and oral argument).
(iii) Final determination.--Not later than
60 days after the date of a hearing under this
subparagraph, the primary Federal payment
@@ -1013,9 +3160,9 @@
incomplete, including documentation on the status of such applications
and why such applications have not yet been approved.
(f) Rulemaking.--Consistent with section 18, the primary Federal
-payment stablecoin regulators shall rules necessary for the regulation
-of the issuance of payment stablecoins, but may not impose requirements
-in addition to the requirements specified under section 4.
+payment stablecoin regulators shall issue rules necessary for the
+regulation of the issuance of payment stablecoins, but may not impose
+requirements in addition to the requirements specified under section 4.
SEC. 6. SUPERVISION AND ENFORCEMENT WITH RESPECT TO SUBSIDIARIES OF
INSURED DEPOSITORY INSTITUTIONS AND COMPTROLLER-REGULATED
@@ -1092,7 +3239,7 @@
connection with a written agreement entered into
between the permitted payment stablecoin issuer and the
primary Federal payment stablecoin regulator.
-(2) Cease and desist proceedings.--If the primary Federal
+(2) Cease-and-desist proceedings.--If the primary Federal
payment stablecoin regulator of a permitted payment stablecoin
issuer that is not a State qualified payment stablecoin issuer
has reasonable cause to believe that the permitted payment
@@ -1149,7 +3296,7 @@
1818(i)(1)) for judicial enforcement of any effective
and outstanding notice or order issued under this
subsection.
-(D) Temporary cease and desist proceedings.--If the
+(D) Temporary cease-and-desist proceedings.--If the
primary Federal payment stablecoin regulator determines
that a violation or attempted violation of this Act or
an action with respect to which a determination was
@@ -1165,7 +3312,7 @@
payment stablecoin regulator may follow the procedures
provided in section 8(c) of the Federal Deposit
Insurance Act (12 U.S.C. 1818(c)) to issue a temporary
-cease and desist order.
+cease-and-desist order.
(5) Civil money penalties.--
(A) Failure to be approved.--Any person who issues
a United States dollar-denominated payment stablecoin
@@ -1239,7 +3386,7 @@
orders and rules under section 4 applicable to State qualified payment
stablecoin issuers to the same extent as the primary Federal payment
stablecoin regulators issue orders and rules under section 4 applicable
-to permitted payment stablecoin issuers that are not State qualified
+to permitted payment stablecoin issuers that are not a State qualified
payment stablecoin issuers.
(e) Enforcement Authority in Unusual and Exigent Circumstances.--
(1) Board.--
@@ -1463,19 +3610,21 @@
subject to blocking with reasonable particularity; and
(C) is subject to judicial or administrative review
or appeal as provided by law.
-(b) Treasury Authority To Designate Noncompliant Issuers.--Not
-later than 30 days after the Department of the Treasury has identified
-the failure of a foreign issuer of any payment stablecoins trading in
-the United States that is not a permitted payment stablecoin issuer to
-comply with the terms of any lawful order, the Secretary of the
-Treasury, in coordination with relevant Federal agencies, shall
-designate the foreign issuer as noncompliant and notify the foreign
-issuer in writing of the designation.
+(b) Treasury Authority to Designate Noncompliant Issuers.--Not
+later than 30 days after the Department of the Treasury has, pursuant
+to section 4(a)(6)(B)(i)(II), identified the failure of a foreign
+issuer of any payment stablecoins trading in the United States that is
+not a permitted payment stablecoin issuer to comply with the terms of
+any lawful order, the Secretary of the Treasury, in coordination with
+relevant Federal agencies, shall designate the foreign issuer as
+noncompliant and notify the foreign issuer in writing of the
+designation.
(c) Publication of Designation; Prohibition on Secondary Trading.--
(1) In general.--If a foreign issuer described in
subsection (b) does not come into compliance with the lawful
-order within 30 days of receiving the written notice described
-in that subsection, the Secretary of the Treasury shall--
+order within 30 days from the date of issuance of the written
+notice described in that subsection, the Secretary of the
+Treasury shall--
(A) publish the determination of noncompliance in
the Federal Register, including a statement on the
failure of the foreign issuer to comply with the lawful
@@ -1617,6 +3766,12 @@
the primary Federal payment stablecoin regulator to be
separately accounted for, treated, and dealt with as
belonging to customers.
+(3) Customer priority.--With or without the segregation
+required under paragraph (1), the claims of a customer with
+respect to the property described in that paragraph shall have
+priority over the claims of any person other than a customer
+against a person described in subparagraph (a) unless the
+customer expressly consents to such other priority of claim.
(d) Regulatory Information.--A person described under subsection
(a) shall submit to the applicable primary Federal payment stablecoin
regulator information concerning the person's business operations and
@@ -1781,7 +3936,7 @@
Committee on Financial Services of the House of Representatives, and
the Director of the Office of Financial Research a report on the status
of the payment stablecoin industry, including--
-(1) an overview of trends in payment stablecoin activities;
+(1) a summary of trends in payment stablecoin activities;
(2) a summary of the number of applications for permitted
payment stablecoin issuer under section 5, including aggregate
approvals and rejections of applications; and
@@ -1904,17 +4059,18 @@
SEC. 16. RECIPROCITY FOR PAYMENT STABLECOINS ISSUED IN OVERSEAS
JURISDICTIONS.
-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. The Secretary
-of the Treasury shall aim to complete such arrangements not later than
-the date that is 2 years after the date of enactment of this Act.
+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. The Secretary of the Treasury shall aim to
+complete such arrangements not later than the date that is 2 years
+after the date of enactment of this Act.
SEC. 17. EFFECTIVE DATE.
@@ -1955,4 +4111,23 @@
Committee on Financial Services of the House of Representatives a
report that confirms and describes the rules promulgated to implement
this Act.
-<all>
+Calendar No. 33
+
+119th CONGRESS
+
+1st Session
+
+S. 919
+
+_______________________________________________________________________
+
+A BILL
+
+To provide for the regulation of payment stablecoins, and for other
+purposes.
+
+_______________________________________________________________________
+
+March 18, 2025
+
+Reported with an amendment