I 119THCONGRESS 1 STSESSION H. R. 2392 To provide for the regulation of payment stablecoins, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH26, 2025 Mr. S TEIL(for himself, Mr. HILLof Arkansas, Mr. TORRESof New York, Mr. E MMER, Mr. HUIZENGA, Mr. MEUSER, Mrs. KIM, Mr. MOOREof North Carolina, Mr. D OWNING, Mr. HARIDOPOLOS, Mr. GOTTHEIMER, and Mr. L ICCARDO) introduced the following bill; which was referred to the Committee on Financial Services A BILL To provide for the regulation of payment stablecoins, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Stablecoin Trans-4 parency and Accountability for a Better Ledger Economy 5 Act of 2025’’ or the ‘‘STABLE Act of 2025’’. 6 SEC. 2. DEFINITIONS. 7 In this Act: 8 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 2 •HR 2392 IH (1) APPROPRIATE FEDERAL BANKING AGEN -1 CY.—The term ‘‘appropriate Federal banking agen-2 cy’’ has the meaning given that term under section 3 3 of the Federal Deposit Insurance Act (12 U.S.C. 4 1813). 5 (2) B ANK SECRECY ACT.—The term ‘‘Bank Se-6 crecy Act’’ means— 7 (A) section 21 of the Federal Deposit In-8 surance Act (12 U.S.C. 1829b); 9 (B) chapter 2 of title I of Public Law 91– 10 508 (12 U.S.C. 1951 et seq.); and 11 (C) subchapter II of chapter 53 of title 31, 12 United States Code. 13 (3) B OARD.—The term ‘‘Board’’ means the 14 Board of Governors of the Federal Reserve System. 15 (4) C OMPTROLLER.—The term ‘‘Comptroller’’ 16 means the Comptroller of the Currency. 17 (5) C ORPORATION.—The term ‘‘Corporation’’ 18 means the Federal Deposit Insurance Corporation. 19 (6) C REDIT UNION TERMS .—The terms ‘‘Fed-20 eral credit union’’, ‘‘insured credit union’’, and 21 ‘‘State credit union’’ have the meanings given those 22 terms, respectively, in section 101 of the Federal 23 Credit Union Act (12 U.S.C. 1752). 24 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 3 •HR 2392 IH (7) DIGITAL ASSET.—The term ‘‘digital asset’’ 1 means any digital representation of value which is 2 recorded on a cryptographically-secured distributed 3 ledger. 4 (8) D ISTRIBUTED LEDGER.—The term ‘‘distrib-5 uted ledger’’ means technology where data is shared 6 across a network that creates a public digital ledger 7 of verified transactions or information among net-8 work participants and the data is linked using cryp-9 tography to maintain the integrity of the public dig-10 ital ledger and execute other functions. 11 (9) F EDERAL QUALIFIED NONBANK PAYMENT 12 STABLECOIN ISSUER.—The term ‘‘Federal qualified 13 nonbank payment stablecoin issuer’’ means a sub-14 sidiary of a nonbank entity approved by the primary 15 Federal payment stablecoin regulator, pursuant to 16 section 5, to issue payment stablecoins. 17 (10) I NSTITUTION-AFFILIATED PARTY .—With 18 respect to a permitted payment stablecoin issuer, the 19 term ‘‘institution-affiliated party’’ means any direc-20 tor, officer, employee, or person in control of, or 21 agent for, the permitted payment stablecoin issuer. 22 (11) I NSURED DEPOSITORY INSTITUTION .—The 23 term ‘‘insured depository institution’’ means— 24 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 4 •HR 2392 IH (A) an insured depository institution, as 1 defined in section 3 of the Federal Deposit In-2 surance Act (12 U.S.C. 1813); and 3 (B) an insured credit union. 4 (12) M ONETARY VALUE.—The term ‘‘monetary 5 value’’— 6 (A) means— 7 (i) a national currency; 8 (ii) a deposit (as defined in section 3 9 of the Federal Deposit Insurance Act (12 10 U.S.C. 1813)) that is denominated in a na-11 tional currency; or 12 (iii) an account (as defined in section 13 101 of the Federal Credit Union Act (12 14 U.S.C. 1752)); and 15 (B) does not include any agricultural or 16 other physical commodity (as defined in section 17 1a of the Commodity Exchange Act (7 U.S.C. 18 1a). 19 (13) N ATIONAL CURRENCY .—The term ‘‘na-20 tional currency’’ means a Federal Reserve note, (as 21 the term is used in the first undesignated paragraph 22 of section 16 of the Federal Reserve Act (12 U.S.C. 23 411)), money standing to the credit of an account 24 with a Federal reserve bank, money issued by a cen-25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 5 •HR 2392 IH tral bank, and money issued by an intergovern-1 mental organization pursuant to an agreement by 2 one or more governments. 3 (14) N ONBANK ENTITY.—The term ‘‘nonbank 4 entity’’ means a person that is not an insured depos-5 itory institution or subsidiary of an insured deposi-6 tory institution. 7 (15) P AYMENT STABLECOIN .—The term ‘‘pay-8 ment stablecoin’’ means a digital asset— 9 (A) that is or is designed to be used as a 10 means of payment or settlement; 11 (B) that is denominated in a national cur-12 rency; 13 (C) the issuer of which— 14 (i) is obligated to convert, redeem, or 15 repurchase for a fixed amount of monetary 16 value; or 17 (ii) represents that the digital asset 18 will maintain or creates the reasonable ex-19 pectation that the digital asset will main-20 tain a stable value relative to the value of 21 a fixed amount of monetary value; and 22 (D) that is not— 23 (i) a national currency; 24 (ii) a security issued by— 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 6 •HR 2392 IH (I) an investment company reg-1 istered under section 8(a) of the In-2 vestment Company Act of 1940 (15 3 U.S.C. 80a–8(a)); or 4 (II) a person that would be an 5 investment company under the Invest-6 ment Company Act of 1940 but for 7 paragraphs (1) and (7) of section 3(c) 8 of that Act (15 U.S.C. 80a–3(c)); 9 (iii) a deposit (as defined under sec-10 tion 3 of the Federal Deposit Insurance 11 Act (12 U.S.C. 1813)), regardless of the 12 technology used to record such deposit; or 13 (iv) an account (as defined in section 14 101 of the Federal Credit Union Act (12 15 U.S.C. 1752)), regardless of the technology 16 used to record such account. 17 (16) P ERMITTED PAYMENT STABLECOIN 18 ISSUER.—The term ‘‘permitted payment stablecoin 19 issuer’’ means— 20 (A) a subsidiary of an insured depository 21 institution that has been approved to issue pay-22 ment stablecoins under section 5; 23 (B) a Federal qualified nonbank payment 24 stablecoin issuer; or 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 7 •HR 2392 IH (C) a State qualified payment stablecoin 1 issuer. 2 (17) P ERSON.—The term ‘‘person’’ means an 3 individual, partnership, company, corporation, asso-4 ciation (incorporated or unincorporated), trust, es-5 tate, cooperative organization, or other entity. 6 (18) P RIMARY FEDERAL PAYMENT STABLECOIN 7 REGULATOR.— 8 (A) I N GENERAL.—The term ‘‘primary 9 Federal payment stablecoin regulator’’ means— 10 (i) with respect to an insured deposi-11 tory institution (other than an insured 12 credit union) or a subsidiary of an insured 13 depository institution (other than an in-14 sured credit union), the appropriate Fed-15 eral banking agency of such insured depos-16 itory institution; 17 (ii) with respect to an insured credit 18 union or a subsidiary of an insured credit 19 union, the National Credit Union Adminis-20 tration; 21 (iii) with respect to a Federal quali-22 fied nonbank payment stablecoin issuer 23 and any nonbank entity that seeks to have 24 a subsidiary approved as a Federal quali-25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 8 •HR 2392 IH fied nonbank payment stablecoin issuer, 1 the Comptroller; and 2 (iv) with respect to any entity char-3 tered by the Comptroller, the Comptroller. 4 (B) P RIMARY FEDERAL PAYMENT 5 STABLECOIN REGULATORS .—The term ‘‘pri-6 mary Federal payment stablecoin regulators’’ 7 means the Comptroller, the Board, the Corpora-8 tion, and the National Credit Union Adminis-9 tration. 10 (19) R EGISTERED PUBLIC ACCOUNTING 11 FIRM.—The term ‘‘registered public accounting 12 firm’’ has the meaning given that term under section 13 2 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 14 7201). 15 (20) S TATE.—The term ‘‘State’’ means each of 16 the several States, the District of Columbia, and 17 each territory of the United States. 18 (21) S TATE QUALIFIED PAYMENT STABLECOIN 19 ISSUER.—The term ‘‘State qualified payment 20 stablecoin issuer’’ means an entity that— 21 (A) is approved to issue payment 22 stablecoins by a State payment stablecoin regu-23 lator; 24 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 9 •HR 2392 IH (B) issues a payment stablecoin in compli-1 ance with the laws and regulations of a State 2 regulatory regime certified under section 4(b); 3 and 4 (C) is not— 5 (i) chartered by the Comptroller; 6 (ii) a Federal credit union; or 7 (iii) a subsidiary of a State credit 8 union that— 9 (I) has at least a partial owner-10 ship interest or loan from a Federal 11 credit union; or 12 (II) has at least a partial owner-13 ship interest or loan from a State 14 credit union that is organized in a dif-15 ferent State than such subsidiary. 16 (22) S TATE PAYMENT STABLECOIN REGU -17 LATOR.—The term ‘‘State payment stablecoin regu-18 lator’’ means— 19 (A) a State agency that has primary regu-20 latory and supervisory authority in such State 21 over entities that issue payment stablecoins; 22 and 23 (B) with respect to a State qualified pay-24 ment stablecoin issuer that is a subsidiary of a 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 10 •HR 2392 IH State-chartered depository institution (as de-1 fined in section 3 of the Federal Deposit Insur-2 ance Act (12 U.S.C. 1813)) or a State credit 3 union, the State agency that has primary regu-4 latory and supervisory authority over entities 5 that issue payment stablecoins in the State in 6 which such State-chartered depository institu-7 tion or State credit union is chartered. 8 (23) S UBSIDIARY OF AN INSURED CREDIT 9 UNION.—With respect to an insured credit union, 10 the term ‘‘subsidiary of an insured credit union’’ 11 means— 12 (A) an organization providing services to 13 the insured credit union that are associated 14 with the routine operations of credit unions, as 15 described under section 107(7)(I) of the Fed-16 eral Credit Union Act (12 U.S.C. 1757(7)(I)); 17 (B) a credit union service organization, as 18 such term is used under part 712 of title 12, 19 Code of Federal Regulations, with respect to 20 which the insured credit union has an owner-21 ship interest or to which the insured credit 22 union has extended a loan; and 23 (C) any subsidiary of an insured credit 24 union that is a State credit union. 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 11 •HR 2392 IH SEC. 3. LIMITATION ON WHO MAY ISSUE A PAYMENT 1 STABLECOIN. 2 (a) L IMITATION ONISSUERS.—It shall be unlawful 3 for any person other than a permitted payment stablecoin 4 issuer to issue a payment stablecoin in the United States. 5 (b) L IMITATION ONOFFERING ORSELLING.— 6 (1) I N GENERAL.—After the end of the 2-year 7 period beginning on the date of enactment of this 8 Act, it shall be unlawful for any custodial inter-9 mediary to offer or sell a payment stablecoin in the 10 United States unless the payment stablecoin was 11 issued by a permitted payment stablecoin issuer. 12 (2) E XCEPTIONS FOR COMPARABLE PAYMENT 13 STABLECOIN REGIMES.— 14 (A) I N GENERAL.—Paragraph (1) and sub-15 section (a) shall not apply to the offer or sale 16 of a payment stablecoin if— 17 (i) the payment stablecoin was issued 18 by a foreign payment stablecoin issuer; 19 (ii) the foreign payment stablecoin 20 issuer is subject to regulation by a foreign 21 payment stablecoin regulator of a nation 22 with a payment stablecoin regulatory re-23 gime that the Secretary of the Treasury 24 determines under subparagraph (B) is 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 12 •HR 2392 IH comparable to the requirements under this 1 Act; and 2 (iii) the foreign payment stablecoin 3 issuer consents to be subject to reporting 4 and examination requirements, as deter-5 mined by— 6 (I) the Comptroller, if the foreign 7 payment stablecoin issuer is a 8 nonbank; or 9 (II) the Board, if the foreign 10 payment stablecoin issuer is a banking 11 institution or subsidiary thereof. 12 (B) D ETERMINATION.—With respect to a 13 foreign nation, the Secretary of the Treasury 14 shall determine, upon request of a foreign pay-15 ment stablecoin issuer, a foreign payment 16 stablecoin regulator, or on the Secretary’s own 17 initiative, and in consultation with the Federal 18 payment stablecoin regulators, whether the pay-19 ment stablecoin regulatory regime of such na-20 tion is comparable to the requirements under 21 this Act. 22 (C) P UBLIC NOTICE.—The Secretary shall 23 make the list of nations for which a determina-24 tion has been made under subparagraph (B) 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 13 •HR 2392 IH available to the public, and keep such list cur-1 rent. 2 (D) R ESCINDING DETERMINATIONS .— 3 (i) S ECRETARIAL ACTION.—The Sec-4 retary may, in consultation with the pri-5 mary Federal payment stablecoin regu-6 lators, rescind a determination made under 7 subparagraph (B) with respect to a foreign 8 nation, if the Secretary determines that 9 the regulatory regime of such nation is no 10 longer comparable to the requirements 11 under this Act. 12 (ii) S AFEHARBORS.—If the Secretary 13 rescinds a determination pursuant to 14 clause (i), a custodial intermediary shall 15 not be in violation of this subsection by 16 reason of the offer or sale of a payment 17 stablecoin issued by such nation’s foreign 18 payment stablecoin issuer until 90 days 19 after the determination is rescinded. 20 (3) P ENALTY.—Any person who violates this 21 subsection shall be subject to a civil penalty of not 22 more than $100,000 for each day during which such 23 violation continues. 24 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 14 •HR 2392 IH (c) RULEMAKING.—Not later than 12 months after 1 the date of enactment of this Act, the Secretary shall issue 2 such rules as may be required to carry out this section. 3 (d) R ULE OFCONSTRUCTION.—This section does not 4 apply to transactions in digital assets for an individual’s 5 own lawful purposes by means of a software or hardware 6 wallet that facilitates such individual’s own custody of dig-7 ital assets. 8 SEC. 4. REQUIREMENTS FOR ISSUING PAYMENT 9 STABLECOINS. 10 (a) S TANDARDS FOR THE ISSUANCE OFPAYMENT 11 S TABLECOINS.— 12 (1) I N GENERAL.—Each permitted payment 13 stablecoin issuer shall— 14 (A) maintain reserves backing the issuer’s 15 outstanding payment stablecoins on an at least 16 1 to 1 basis, with reserves comprising— 17 (i) United States currency (including 18 Federal reserve notes) or money standing 19 to the credit of an account with a Federal 20 reserve bank; 21 (ii) funds held as demand deposits (or 22 other deposits that may be withdrawn 23 upon request at any time) at insured de-24 pository institutions (including foreign 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 15 •HR 2392 IH branches and agencies of insured deposi-1 tory institutions) or approved foreign de-2 pository institutions (as defined in para-3 graph (5)(v)) or share drafts (or other de-4 posits that may be withdrawn upon request 5 at any time) at insured credit unions, sub-6 ject to limitations established by the Cor-7 poration and the National Credit Union 8 Administration, respectively, to address 9 safety and soundness risks of such insured 10 depository institutions; 11 (iii) Treasury bills, notes, or bonds— 12 (I) with a remaining maturity of 13 93 days or less; or 14 (II) issued with a maturity of 93 15 days or less; 16 (iv) repurchase agreements, wherein 17 the permitted payment stablecoin issuer is 18 acting as a seller of securities, or reverse 19 repurchase agreements, wherein the per-20 mitted payment stablecoin issuer is acting 21 as a purchaser of securities, with an over-22 night maturity and that are backed by 23 Treasury bills with a maturity of 93 days 24 or less that are— 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 16 •HR 2392 IH (I) centrally cleared through a 1 clearing agency registered with the 2 Securities and Exchange Commission; 3 or 4 (II) bilateral, settling either 5 through delivery versus payment or 6 through a tri-party control account, 7 with a counterparty that the issuer 8 has determined to be adequately cred-9 it worthy even in the event of severe 10 market stress; or 11 (v) securities issued by an investment 12 company under section 8(a) of the Invest-13 ment Company Act of 1940 that operates 14 as a money market fund in compliance 15 with Rule 2a–7 under the Investment 16 Company Act of 1940 (or any successor 17 rule) and that are invested solely in the 18 underlying assets described in clauses (i) 19 through (iv) and (vi); 20 (B) publicly disclose the issuer’s redemp-21 tion policy; 22 (C) establish procedures for timely redemp-23 tion of the issuer’s outstanding payment 24 stablecoins; and 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 17 •HR 2392 IH (D) publish a report on the monthly com-1 position of the issuer’s reserves on the website 2 of the issuer, containing— 3 (i) the total number of outstanding 4 payment stablecoins issued by the issuer; 5 and 6 (ii) the amount and composition of 7 the reserves described under subparagraph 8 (A). 9 (2) E LIGIBILITY.—The requirements to main-10 tain reserves under paragraph (1)(A) may not be 11 construed as expanding or contracting eligibility to 12 qualify as a depository institution under section 13 19(b)(1)(A) of the Federal Reserve Act (12 U.S.C. 14 461(b)(1)(A)). 15 (3) P ROHIBITION ON REHYPOTHECATION .—Re-16 serves described under paragraph (1)(A) may not be 17 pledged, rehypothecated, or reused, except for the 18 purpose of satisfying obligations associated with re-19 serves described under paragraph (1)(A)(iv) if the 20 permitted payment stablecoin issuer receives the 21 prior approval of the primary Federal payment 22 stablecoin regulator or the State payment stablecoin 23 regulator. 24 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 18 •HR 2392 IH (4) MONTHLY CERTIFICATION ; EXAMINATION 1 OF REPORTS BY REGISTERED PUBLIC ACCOUNTING 2 FIRM.— 3 (A) I N GENERAL.—A permitted payment 4 stablecoin issuer shall, each month, have the in-5 formation disclosed in the previous month-end 6 report required under paragraph (1)(D) exam-7 ined by an independent registered public ac-8 counting firm. 9 (B) C ERTIFICATION.—Each month, the 10 Chief Executive Officer and Chief Financial Of-11 ficer of a permitted payment stablecoin issuer 12 shall submit to, as applicable, the primary Fed-13 eral payment stablecoin regulator or, in the 14 case of a State qualified payment stablecoin 15 issuer, the State payment stablecoin regulator, 16 a certification that, based on such officers’ 17 knowledge, the previous month-end report re-18 quired under paragraph (1)(D)— 19 (i) does not contain any untrue state-20 ment of material fact or omit to state a 21 material fact necessary in order to make 22 the statements made, in light of the cir-23 cumstances under which such statements 24 were made, not misleading; and 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 19 •HR 2392 IH (ii) fairly presented in all material re-1 spects the information required under 2 paragraph (1)(D) for the period presented 3 in such report. 4 (C) C RIMINAL PENALTIES.—Whoever— 5 (i) submits a certification set forth in 6 subparagraph (B) knowing that the report 7 to which the certification relates does not 8 fairly present, in all material respects, the 9 information required to be contained in 10 such report shall be fined not more than 11 $1,000,000 or imprisoned not more than 12 10 years, or both; or 13 (ii) willfully submits a certification set 14 forth in subparagraph (B) knowing that 15 the report to which the certification relates 16 does not fairly present, in all material re-17 spects, the information required to be con-18 tained in such report shall be fined not 19 more than $5,000,000, or imprisoned not 20 more than 20 years, or both. 21 (5) C APITAL, LIQUIDITY, RISK MANAGEMENT , 22 AND OTHER REQUIREMENTS .— 23 (A) I N GENERAL.—The primary Federal 24 payment stablecoin regulators shall, jointly and 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 20 •HR 2392 IH in consultation with the State payment 1 stablecoin regulators, issue rules to establish— 2 (i) capital requirements applicable to 3 a permitted payment stablecoin issuer 4 that— 5 (I) are tailored to the business 6 model and risk profile of a permitted 7 payment stablecoin issuer; 8 (II) do not exceed requirements 9 which are sufficient to ensure the on-10 going operations of a permitted pay-11 ment stablecoin issuer; and 12 (III) if such regulators determine 13 that a capital buffer is necessary to 14 ensure the ongoing operations of a 15 permitted payment stablecoin issuer, 16 may include capital buffers that are 17 tailored to the business model and 18 risk profile of a permitted payment 19 stablecoin issuer; 20 (ii) requirements implementing liquid-21 ity standards applicable to reserves de-22 scribed in paragraph (1) for a permitted 23 payment stablecoin issuer, which may not 24 exceed an amount that is sufficient to en-25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 21 •HR 2392 IH sure the financial integrity of a permitted 1 payment stablecoin issuer and the ability 2 of the issuer to meet the financial obliga-3 tions of the issuer, including redemptions; 4 (iii) reserve asset diversification and 5 interest rate risk management standards 6 applicable to a permitted payment 7 stablecoin issuer that— 8 (I) are tailored to the business 9 model and risk profile of a permitted 10 payment stablecoin issuer; and 11 (II) do not exceed standards 12 which are sufficient to ensure the on-13 going operations of a permitted pay-14 ment stablecoin issuer; and 15 (iv) appropriate operational, compli-16 ance, information technology, and cyberse-17 curity risk management standards that are 18 tailored to the business model and risk 19 profile of a permitted payment stablecoin 20 issuer; and 21 (v) requirements regarding the ap-22 proval of foreign depository institutions 23 that may hold demand deposits of a per-24 mitted payment stablecoin issuer. 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 22 •HR 2392 IH (B) RULE OF CONSTRUCTION .—Nothing in 1 this paragraph may be construed to limit— 2 (i) the authority of the primary Fed-3 eral payment stablecoin regulators, in pre-4 scribing standards under this paragraph, 5 to tailor or differentiate among permitted 6 payment stablecoin issuers on an individ-7 ualized basis or by category, taking into 8 consideration the capital structure, busi-9 ness model risk profile, complexity, finan-10 cial activities, size, and any other risk re-11 lated factors of permitted payment 12 stablecoin issuers that the primary Federal 13 payment stablecoin regulators determine 14 appropriate; or 15 (ii) the supervisory, regulatory, or en-16 forcement authority of a Federal banking 17 agency (as defined in section 3 of the Fed-18 eral Deposit Insurance Act (12 U.S.C. 19 1813)) or the National Credit Union Ad-20 ministration to further the ability of an in-21 stitution under the supervision of the Fed-22 eral banking agency or the National Credit 23 Union Administration to maintain safe and 24 sound operations or comply with this Act. 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 23 •HR 2392 IH (C) APPLICABILITY OF EXISTING CAPITAL 1 STANDARDS.— 2 (i) A PPLICABILITY OF THE FINANCIAL 3 STABILITY ACT OF 2010.—Section 171 of 4 the Financial Stability Act of 2010 (12 5 U.S.C. 5371) shall not apply to require-6 ments issued under this paragraph. 7 (ii) R ULES RELATING TO LEVERAGE 8 CAPITAL REQUIREMENTS OR RISK -BASED 9 CAPITAL REQUIREMENTS .—Where an in-10 sured depository institution or depository 11 institution holding company, as defined 12 under section 171(a)(3) of the Financial 13 Stability Act of 2010 (12 U.S.C. 14 5371(a)(3)), includes, on a consolidated 15 basis, a permitted payment stablecoin 16 issuer, any rule issued by an appropriate 17 Federal banking agency that imposes, on a 18 consolidated basis, a leverage capital re-19 quirement or risk-based capital require-20 ment on such insured depository institu-21 tion or depository institution holding com-22 pany, shall not require such insured depos-23 itory institution or depository institution 24 holding company to hold, with respect to 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 24 •HR 2392 IH the permitted payment stablecoin issuer 1 and its assets and operations, any amount 2 of regulatory capital in excess of the cap-3 ital that such permitted payment 4 stablecoin issuer must maintain under the 5 capital requirements promulgated pursuant 6 to paragraph (5)(A)(i). 7 (iii) R ULEMAKING.—Not later than 8 the date the primary Federal payment 9 stablecoin regulators issue regulations to 10 carry out this section, each Federal bank-11 ing agency, as defined in section 3 of the 12 Federal Deposit Insurance Act (12 U.S.C. 13 1813), shall amend or otherwise modify 14 any regulation described in clause (ii) so 15 that it complies with such clause (ii). 16 (6) T REATMENT UNDER THE BANK SECRECY 17 ACT.—A permitted payment stablecoin issuer shall 18 be treated as a financial institution for purposes of 19 the Bank Secrecy Act. 20 (7) L IMITATION ON PAYMENT STABLECOIN AC -21 TIVITIES.—A permitted payment stablecoin issuer 22 may only— 23 (A) issue payment stablecoins; 24 (B) redeem payment stablecoins; 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 25 •HR 2392 IH (C) manage related reserves (including 1 purchasing, selling, and holding reserve assets); 2 (D) provide custodial or safekeeping serv-3 ices for payment stablecoins and private keys of 4 payment stablecoins; 5 (E) provide custodial or safekeeping serv-6 ices for reserves, consistent with this Act; 7 (F) undertake other functions that directly 8 support activities described in subparagraphs 9 (A) through (E); and 10 (G) undertake such non-payment 11 stablecoin activities that are allowed by the pri-12 mary Federal payment stablecoin regulator. 13 (8) P ROHIBITION ON YIELD.—A permitted pay-14 ment stablecoin issuer may not pay interest or yield 15 to holders of its payment stablecoins. 16 (9) R EGULATION OF FEDERAL QUALIFIED 17 NONBANK PAYMENT STABLECOIN ISSUERS BY THE 18 COMPTROLLER.—A Federal qualified nonbank pay-19 ment stablecoin issuer shall be regulated and super-20 vised exclusively by the Comptroller. 21 (b) S TATE-LEVELREGULATORYREGIMES.— 22 (1) I N GENERAL.—A State qualified payment 23 stablecoin issuer may only issue payment stablecoins 24 pursuant to the regulation of a State payment 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 26 •HR 2392 IH stablecoin regulator of a State with a regulatory re-1 gime for issuing payment stablecoins that is certified 2 under this subsection as meeting or exceeding the 3 standards and requirements described in subsection 4 (a). 5 (2) C ERTIFICATION.— 6 (A) I N GENERAL.—Beginning on the date 7 that is 1 year after the date of enactment of 8 this Act or 60 days after the rulemaking de-9 scribed in subsection (d) is completed, which-10 ever is earlier, a State payment stablecoin regu-11 lator may submit to the Secretary of the Treas-12 ury a certification that the regulatory regime of 13 the State for issuing payment stablecoins meets 14 or exceeds the standards and requirements de-15 scribed in subsection (a). 16 (B) V ALIDITY OF CERTIFICATION .—A cer-17 tification under subparagraph (A) shall be valid 18 upon submission and remain valid unless the 19 Secretary of the Treasury rejects the certifi-20 cation under paragraph (6). 21 (3) F ORM OF CERTIFICATION .—A certification 22 described under paragraph (2)— 23 (A) shall contain an attestation that the 24 regulatory regime of the State for issuing pay-25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 27 •HR 2392 IH ment stablecoins meets or exceeds the stand-1 ards and requirements described in subsection 2 (a); and 3 (B) may include supporting information, 4 such as a copy of any State law or regulation 5 implementing such standards and requirements. 6 (4) R EPORT AND ATTESTATION .— 7 (A) I N GENERAL.—A State payment 8 stablecoin regulator with a valid certification 9 under this subsection that has made subsequent 10 material changes to its State regulatory regime 11 and wishes to maintain a valid certification 12 shall submit to the Secretary of the Treasury 13 an explanation of all such material changes. 14 (B) F ORM OF MATERIAL CHANGES EXPLA -15 NATION.—With respect to a State payment 16 stablecoin regulator that submits an expla-17 nation of material changes to the State regu-18 latory regime under subparagraph (A), the pay-19 ment stablecoin regulator shall make such ex-20 planation in the same manner, and containing 21 the same attestation, as described under para-22 graph (3) for a certification. 23 (5) A DVISORY OPINIONS ON PROPOSED LAWS 24 OR REGULATIONS.—Upon request of any State pay-25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 28 •HR 2392 IH ment stablecoin regulator, the Secretary of the 1 Treasury shall— 2 (A) review any proposed law or regulation 3 of the State provided by the State payment 4 stablecoin regulator; and 5 (B) not later than 30 days after being pro-6 vided the proposed law or regulation, either— 7 (i) inform the State payment 8 stablecoin regulator that the proposed law 9 or regulation is consistent with a State 10 regulatory regime for issuing payment 11 stablecoins that meets or exceeds the 12 standards and requirements described in 13 subsection (a); or 14 (ii) provide the State payment 15 stablecoin regulator with a detailed expla-16 nation of why the proposed law or regula-17 tion is not consistent with a State regu-18 latory regime for issuing payment 19 stablecoins that meets or exceeds the 20 standards and requirements described in 21 subsection (a). 22 (6) R EGIMES THAT ARE NOT SUBSTANTIALLY 23 SIMILAR.— 24 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 29 •HR 2392 IH (A) IN GENERAL.—The Secretary of the 1 Treasury may reject a certification under para-2 graph (3) or a certification with respect to 3 which a State payment stablecoin regulator has 4 submitted an explanation of material changes 5 under paragraph (4), if the Secretary, not later 6 than 30 days after the date on which the initial 7 certification or explanation of material changes 8 is submitted— 9 (i) determines that the State regu-10 latory regime does not meet or exceed the 11 standards and requirements described in 12 subsection (a); and 13 (ii) provides the State payment 14 stablecoin regulator with a written expla-15 nation for the rejection, describing the rea-16 soned basis for the rejection with sufficient 17 detail such that the State can bring the 18 State regulatory regime into compliance 19 based on the explanation. 20 (B) O PPORTUNITY TO CURE.— 21 (i) I N GENERAL.—With respect to a 22 rejection described under subparagraph 23 (A), the Secretary of the Treasury shall 24 provide the State payment stablecoin regu-25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 30 •HR 2392 IH lator with not less than a 180-day period 1 from the date on which the State payment 2 stablecoin regulator is notified of such re-3 jection to— 4 (I) make such changes as may be 5 necessary to ensure the regulatory re-6 gime of the State for issuing payment 7 stablecoins meets or exceeds the 8 standards and requirements described 9 in subsection (a); and 10 (II) resubmit the certification or 11 explanation of material changes. 12 (ii) R EJECTION.—If, after a State 13 payment stablecoin regulator makes 14 changes described under clause (i) during 15 the period described in clause (i), the Sec-16 retary of the Treasury determines that the 17 certification should be rejected, the Sec-18 retary of the Treasury shall, not later than 19 30 days after such determination, provide 20 the State payment stablecoin regulator 21 with a written explanation for the deter-22 mination, describing the reasoned basis for 23 the determination with sufficient detail 24 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 31 •HR 2392 IH such that the State can bring its regime 1 into compliance based on the explanation. 2 (C) A PPEAL OF REJECTION.— 3 (i) I N GENERAL.—A State payment 4 stablecoin regulator that has had a certifi-5 cation rejected under this paragraph may, 6 after the cure period described under sub-7 paragraph (B)(i), appeal such rejection to 8 the United States Court of Appeals for the 9 District of Columbia Circuit, which shall, 10 upon a determination that the regulatory 11 regime of the State for issuing payment 12 stablecoins meets or exceeds the standards 13 and requirements described in subsection 14 (a), reverse such rejection. 15 (ii) R EVIEW BY THE SUPREME 16 COURT.—The judgment and decree of the 17 Court of Appeals shall be final, except that 18 the same shall be subject to review by the 19 Supreme Court upon certiorari, as pro-20 vided in section 1254 of title 28. 21 (D) R IGHT TO RESUBMIT .—A State pay-22 ment stablecoin regulator that has had a certifi-23 cation rejected under this paragraph may re-24 submit a new certification under paragraph (2). 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 32 •HR 2392 IH (7) APPROPRIATE EXEMPTIVE RELIEF .—The 1 Secretary of the Treasury shall issue such rules and 2 orders as are necessary to provide appropriate ex-3 emptive relief and safe harbors for State qualified 4 payment stablecoin issuers to continue operations 5 during such periods in which any rules promulgated 6 pursuant to subsection (a) materially affect a pre-7 viously certified State regulatory regime’s ability to 8 meet or exceed the standards and requirements de-9 scribed in subsection (a). 10 (c) N OTINSURED BY THE FEDERALGOVERNMENT; 11 M ISREPRESENTATION OF INSUREDSTATUS.— 12 (1) I N GENERAL.—Payment stablecoins are not 13 backed by the full faith and credit of the United 14 States, guaranteed by the United States Govern-15 ment, subject to deposit insurance by the Corpora-16 tion, or subject to share insurance by the National 17 Credit Union Administration. 18 (2) M ISREPRESENTATION OF INSURED STA -19 TUS.—It shall be unlawful to represent that a pay-20 ment stablecoin is backed by the full faith and credit 21 of the United States, guaranteed by the United 22 States Government, or subject to Federal deposit in-23 surance or Federal share insurance. 24 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 33 •HR 2392 IH (3) D ISCLOSURE.—Permitted payment 1 stablecoin issuers shall clearly and prominently dis-2 close on their website that payment stablecoins 3 issued by such permitted payment stablecoin issuer 4 are not guaranteed by the United States Govern-5 ment, covered by deposit insurance by the Federal 6 Deposit Insurance Corporation, or by share insur-7 ance of the National Credit Union Administration. 8 (4) P ENALTIES.—Any person who violates this 9 subsection may be prosecuted to the fullest extent of 10 the law, including, as applicable, under— 11 (A) section 18(a)(4) of the Federal Deposit 12 Insurance Act (relating to the prohibition on 13 false advertising in connection with deposit in-14 surance, the misuse of FDIC names, and mis-15 representations of insured status); 16 (B) section 709 of title 18, United States 17 Code (relating to false advertising or misuse of 18 names to indicate a Federal agency); 19 (C) criminal penalties under title 18, 20 United States Code, related to fraud; and 21 (D) other remedies available under the law. 22 (d) O FFICERS ANDDIRECTORSCONVICTED OFCER-23 TAINFELONIES.—No individual who has been convicted 24 of a felony offense involving insider trading, embezzle-25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 34 •HR 2392 IH ment, cybercrime, money laundering, financing of ter-1 rorism, or financial fraud may serve as— 2 (1) an officer of a payment stablecoin issuer; or 3 (2) a director of a payment stablecoin issuer. 4 (e) R ULEMAKING.— 5 (1) I N GENERAL.—The primary Federal pay-6 ment stablecoin regulators may issue such orders 7 and regulations as may be necessary to administer 8 and carry out the requirements of this section, in-9 cluding to establish conditions, and to prevent eva-10 sions thereof. 11 (2) J OINT ISSUANCE OF REGULATION .—All reg-12 ulations issued to carry out this section by the pri-13 mary Federal payment stablecoin regulators shall be 14 issued jointly, after consultation with State payment 15 stablecoin regulators. 16 (3) R ULEMAKING DEADLINE .—Not later than 17 the end of the 180-day period beginning on the date 18 of enactment of this Act, the Federal payment 19 stablecoin regulators shall issue regulations to carry 20 out this section. 21 SEC. 5. APPROVAL OF SUBSIDIARIES OF INSURED DEPOSI-22 TORY INSTITUTIONS AND SUBSIDIARIES OF 23 NONBANK ENTITIES. 24 (a) I NGENERAL.— 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 35 •HR 2392 IH (1) APPLICATION.— 1 (A) I N GENERAL.—The primary Federal 2 payment stablecoin regulator shall receive, re-3 view, and consider for approval applications 4 from any insured depository institution that 5 seeks to issue payment stablecoins through a 6 subsidiary and any nonbank entity that seeks to 7 issue payment stablecoins through a subsidiary. 8 (B) S HARING OF INFORMATION .—With re-9 spect to applications submitted by State-char-10 tered insured depository institutions, the pri-11 mary Federal payment stablecoin regulator 12 shall share such applications with the relevant 13 State bank or State credit union supervisor. 14 (C) C OMPLETION OF APPLICATION .— 15 (i) I N GENERAL.—The primary Fed-16 eral payment stablecoin regulator shall 17 consider an application complete if such 18 application contains sufficient information 19 for the primary Federal payment 20 stablecoin regulator to render a decision on 21 whether the application meets the require-22 ments set forth in section 4. 23 (ii) M ATERIAL CHANGE IN CIR -24 CUMSTANCES.—An application described 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 36 •HR 2392 IH under clause (i) that is considered com-1 plete shall remain complete unless the pri-2 mary Federal payment stablecoin regulator 3 determines that a material change in cir-4 cumstances requires otherwise. 5 (2) E VALUATION OF APPLICATIONS .—A com-6 plete application received under paragraph (1) shall 7 be evaluated by the primary Federal payment 8 stablecoin regulator based on the ability of the sub-9 sidiary of the applicant to meet the requirements set 10 forth in section 4. 11 (3) T IMING FOR DECISION; GROUNDS FOR DE -12 NIAL.— 13 (A) T IMING.—The primary Federal pay-14 ment stablecoin regulator shall— 15 (i) not later than 30 days after receiv-16 ing the application— 17 (I) inform the applicant whether 18 the applicant has submitted a com-19 plete application; and 20 (II) if the application is not com-21 plete, inform the applicant of the ad-22 ditional information the applicant 23 must provide in order for the applica-24 tion to be considered complete; and 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 37 •HR 2392 IH (ii) not later than 120 days after in-1 forming the applicant that the application 2 is complete, render a decision on an appli-3 cation. 4 (B) D ENIAL OF APPLICATION.— 5 (i) G ROUNDS FOR DENIAL.— 6 (I) I N GENERAL.—The primary 7 Federal payment stablecoin regulator 8 may only deny a complete application 9 received under paragraph (1) if the 10 regulator determines that the activi-11 ties of the applicant would be unsafe 12 or unsound based on the ability of the 13 subsidiary of the applicant to meet 14 the requirements set forth in section 15 4. 16 (II) T REATMENT OF CERTAIN 17 ISSUANCES.—The issuance of a pay-18 ment stablecoin on an open, public, 19 and decentralized network shall not be 20 a valid ground for denial of an appli-21 cation received under paragraph (1). 22 (ii) E XPLANATION REQUIRED .—If the 23 primary Federal payment stablecoin regu-24 lator denies a complete application received 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 38 •HR 2392 IH under paragraph (1), the regulator shall, 1 not later than 30 days after the date of 2 such denial, provide the applicant with— 3 (I) written notice explaining the 4 denial with specificity, including all 5 findings made by the regulator with 6 respect to all identified material short-7 comings in the application; and 8 (II) actionable recommendations 9 on how the applicant could address 10 the identified material shortcomings. 11 (iii) O PPORTUNITY FOR HEARING ; 12 FINAL DETERMINATION .— 13 (I) I N GENERAL.—Not later than 14 30 days after the date of receipt of 15 any notice of the denial of an applica-16 tion under this subsection, the appli-17 cant may request, in writing, an op-18 portunity for a written or oral hearing 19 before the primary Federal payment 20 stablecoin regulator to appeal the de-21 nial. 22 (II) T IMING.—Upon receipt of a 23 timely request, the primary Federal 24 payment stablecoin regulator shall no-25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 39 •HR 2392 IH tice a time (not later than 30 days 1 after the date of receipt of the re-2 quest) and place at which the appli-3 cant may appear, personally or 4 through counsel, to appeal the denial, 5 to submit written materials, or to pro-6 vide oral testimony and oral argu-7 ment. 8 (III) F INAL DETERMINATION .— 9 Not later than 60 days after the date 10 of a hearing under this clause, the 11 primary Federal payment stablecoin 12 regulator shall notify the applicant of 13 the final determination of the primary 14 Federal payment stablecoin regulator 15 with respect to the appeal, which shall 16 contain a statement of the basis for 17 such determination, with specific find-18 ings. 19 (IV) N OTICE IF NO HEARING.—If 20 an applicant does not make a timely 21 request for a hearing under this 22 clause, the primary Federal payment 23 stablecoin regulator shall notify the 24 applicant, not later than 10 days after 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 40 •HR 2392 IH the date by which the applicant may 1 request a hearing under this clause, in 2 writing, that the denial of the applica-3 tion is a final determination of the 4 primary Federal payment stablecoin 5 regulator. 6 (C) F AILURE TO RENDER A DECISION .—If 7 the primary Federal payment stablecoin regu-8 lator fails to render a decision on a complete 9 application within the time period specified in 10 subparagraph (A), the application shall be 11 deemed approved. 12 (D) R IGHT TO REAPPLY .—The denial of 13 an application under this subsection shall not 14 prohibit the applicant from filing a subsequent 15 application. 16 (4) R EPORT ON PENDING APPLICATIONS .— 17 Each of the primary Federal payment stablecoin 18 regulators shall annually report to Congress on— 19 (A) the number of calendar days each ap-20 plicant waited for either an approval or denial 21 of an application under this subsection; 22 (B) the number of calendar days each ap-23 plicant with an outstanding application has 24 waited for a decision; and 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 41 •HR 2392 IH (C) the number of applications that have 1 been pending for 6 months or longer since the 2 date of the initial application filed under para-3 graph (1) where the applicant has been in-4 formed that the application remains incomplete, 5 including providing documentation on the sta-6 tus of the application and why the application 7 has not yet been approved. 8 (5) R ULEMAKING.— 9 (A) I N GENERAL.—Not later than 180 10 days after the date of enactment of this Act, 11 the primary Federal payment stablecoin regu-12 lators shall, jointly, issue rules to carry out this 13 section, which may only relate to the application 14 process under this subsection and may not im-15 plement the requirements set forth in section 4. 16 (B) T AILORING OF RULES .—The joint 17 rulemaking required under subparagraph (A) 18 shall be tailored so as to minimize any incre-19 mental burden placed on well capitalized and 20 highly-rated insured depository institutions. 21 (b) E FFECTIVEDATE.— 22 (1) I N GENERAL.—This section shall take effect 23 on the earlier of— 24 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 42 •HR 2392 IH (A) 12 months after the date of enactment 1 of this Act; or 2 (B) the date that is 120 days after the 3 date on which the primary Federal payment 4 stablecoin regulators issue final regulations im-5 plementing this section. 6 (2) N OTICE TO CONGRESS .—Each of the pri-7 mary Federal payment stablecoin regulators shall 8 notify Congress upon receiving their first applica-9 tion. 10 (c) E FFECT ON STATELAW FOR PAYMENT 11 S TABLECOINISSUERSAPPROVED BYFEDERALPAYMENT 12 S TABLECOINREGULATORSUNDERTHISSECTION.—The 13 provisions of this section preempt any conflicting State 14 law and supersede any State licensing requirement for any 15 nonbank entity or subsidiary of an insured depository in-16 stitution or credit union that is approved under this sec-17 tion to be a permitted payment stablecoin issuer. 18 SEC. 6. SUPERVISION AND ENFORCEMENT WITH RESPECT 19 TO SUBSIDIARIES OF INSURED DEPOSITORY 20 INSTITUTIONS AND FEDERAL QUALIFIED 21 NONBANK PAYMENT STABLECOIN ISSUERS. 22 (a) S UPERVISION.— 23 (1) S UBSIDIARY OF AN INSURED DEPOSITORY 24 INSTITUTION.— 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 43 •HR 2392 IH (A) IN GENERAL.—Each permitted pay-1 ment stablecoin issuer that is a subsidiary of an 2 insured depository institution shall be subject to 3 supervision by the primary Federal payment 4 stablecoin regulator in the same manner as 5 such insured depository institution. 6 (B) G RAMM-LEACH-BLILEY ACT.—For 7 purposes of title V of the Gramm-Leach-Bliley 8 Act (15 U.S.C. 6801 et seq.) each permitted 9 payment stablecoin issuer that is a subsidiary 10 of an insured depository institution shall be 11 deemed a financial institution. 12 (2) F EDERAL QUALIFIED NONBANK PAYMENT 13 STABLECOIN ISSUER.— 14 (A) S UBMISSION OF REPORTS .—Each Fed-15 eral qualified nonbank payment stablecoin 16 issuer shall, upon request, submit reports to the 17 Comptroller as to— 18 (i) the financial condition of the Fed-19 eral qualified nonbank payment stablecoin 20 issuer; 21 (ii) the systems of the Federal quali-22 fied nonbank payment stablecoin issuer for 23 monitoring and controlling financial and 24 operating risks; and 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 44 •HR 2392 IH (iii) compliance with this Act and reg-1 ulations issued pursuant to this Act by the 2 Federal qualified nonbank payment 3 stablecoin issuer. 4 (B) E XAMINATIONS.—The Comptroller 5 may examine a Federal qualified nonbank pay-6 ment stablecoin issuer in order to inform the 7 Comptroller of— 8 (i) the nature of the operations and fi-9 nancial condition of the Federal qualified 10 nonbank payment stablecoin issuer; 11 (ii) the financial, operational, and 12 other risks within the Federal qualified 13 nonbank payment stablecoin issuer that 14 may pose a threat to— 15 (I) the safety and soundness of 16 the Federal qualified nonbank pay-17 ment stablecoin issuer; or 18 (II) the stability of the financial 19 system of the United States; 20 (iii) the systems of the Federal quali-21 fied nonbank payment stablecoin issuer for 22 monitoring and controlling the risks de-23 scribed in clause (ii); 24 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 45 •HR 2392 IH (iv) the compliance of the Federal 1 qualified nonbank payment stablecoin 2 issuer with this Act and regulations issued 3 pursuant to this Act; and 4 (v) the compliance of the Federal 5 qualified nonbank payment stablecoin 6 issuer with the requirements of the Bank 7 Secrecy Act and laws authorizing the im-8 position of sanctions and implemented by 9 the Secretary of the Treasury. 10 (C) R EQUIREMENTS FOR EFFICIENCY .—In 11 supervising and examining a Federal qualified 12 nonbank payment stablecoin issuer, the Comp-13 troller shall, to the fullest extent possible, use 14 existing reports and other supervisory informa-15 tion. 16 (D) A VOIDANCE OF DUPLICATION .—The 17 Comptroller shall, to the fullest extent possible, 18 avoid duplication of examination activities, re-19 porting requirements, and requests for informa-20 tion in carrying out this Act with respect to a 21 Federal qualified nonbank payment stablecoin 22 issuer. 23 (E) G RAMM-LEACH-BLILEY ACT.—For 24 purposes of title V of the Gramm-Leach-Bliley 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 46 •HR 2392 IH Act (15 U.S.C. 6801 et seq.) each Federal 1 qualified nonbank payment stablecoin issuer 2 shall be deemed a financial institution. 3 (b) E NFORCEMENT.— 4 (1) S USPENSION OR REVOCATION OF REGISTRA -5 TION.—The primary Federal payment stablecoin 6 regulator may prohibit a permitted payment 7 stablecoin issuer from issuing payment stablecoins, if 8 the primary Federal payment stablecoin regulator 9 determines that such permitted payment stablecoin 10 issuer, or an institution-affiliated party of the per-11 mitted payment stablecoin issuer, is— 12 (A) materially violating or has materially 13 violated this Act or any regulation or order 14 issued under this Act, including the issuer’s ob-15 ligations under the section 4(a)(6); or 16 (B) materially violating or has materially 17 violated any condition imposed in writing by the 18 primary Federal payment stablecoin regulator 19 in connection with a written agreement entered 20 into between the permitted payment stablecoin 21 issuer and the primary Federal payment 22 stablecoin regulator. 23 (2) C EASE-AND-DESIST PROCEEDINGS .—If the 24 primary Federal payment stablecoin regulator has 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 47 •HR 2392 IH reasonable cause to believe that a permitted payment 1 stablecoin issuer or any institution-affiliated party of 2 a permitted payment stablecoin issuer is violating, 3 has violated, or is attempting to violate this Act, any 4 regulation or order issued under this Act, or any 5 written agreement entered into with the primary 6 Federal payment stablecoin regulator or condition 7 imposed in writing by the primary Federal payment 8 stablecoin regulator in connection with any applica-9 tion or other request, the primary Federal payment 10 stablecoin regulator may order the permitted pay-11 ment stablecoin issuer or institution-affiliated party 12 of the permitted payment stablecoin issuer to— 13 (A) cease and desist from such violation or 14 practice; or 15 (B) take affirmative action to correct the 16 conditions resulting from any such violation or 17 practice. 18 (3) R EMOVAL AND PROHIBITION AUTHORITY .— 19 The primary Federal payment stablecoin regulator 20 may remove an institution-affiliated party of a per-21 mitted payment stablecoin issuer from their position 22 or office or prohibit further participation in the af-23 fairs of the permitted payment stablecoin issuer or 24 all permitted payment stablecoin issuers by such in-25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 48 •HR 2392 IH stitution-affiliated party, if the primary Federal pay-1 ment stablecoin regulator determines that— 2 (A) the institution-affiliated party has, di-3 rectly or indirectly, committed a violation or at-4 tempted violation of this Act or any regulation 5 or order issued under this Act; or 6 (B) the institution-affiliated party has 7 committed a violation of any provision of sub-8 chapter II of chapter 53 of title 31, United 9 States Code. 10 (4) P ROCEDURES.— 11 (A) I N GENERAL.—If the primary Federal 12 payment stablecoin regulator identifies a viola-13 tion or attempted violation of this Act or makes 14 a determination under paragraph (1), (2), or 15 (3), the primary Federal payment stablecoin 16 regulator shall comply with the procedures set 17 forth, as applicable, in— 18 (i) subsections (b) and (e) of sections 19 8 of the Federal Deposit Insurance Act 20 (12 U.S.C. 1818); or 21 (ii) subsections (e) and (g) of section 22 206 of the Federal Credit Union Act (12 23 U.S.C. 1786). 24 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 49 •HR 2392 IH (B) JUDICIAL REVIEW.—A person ag-1 grieved by a final action under this subsection 2 may obtain judicial review of such action exclu-3 sively as provided, as applicable, in— 4 (i) section 8(h) of the Federal Deposit 5 Insurance Act (12 U.S.C. 1818(h)); or 6 (ii) section 206(j) of the Federal 7 Credit Union Act (12 U.S.C. 1786(j)). 8 (C) I NJUNCTION.—The primary Federal 9 payment stablecoin regulator may, in the dis-10 cretion of the regulator, follow the procedures 11 for judicial enforcement of any effective and 12 outstanding notice or order issued under this 13 subsection provided, as applicable, in— 14 (i) section 8(i)(1) of the Federal De-15 posit Insurance Act (12 U.S.C. 16 1818(i)(1)); or 17 (ii) section 206(k)(1) of the Federal 18 Credit Union Act (12 U.S.C. 1786(k)(1)). 19 (D) T EMPORARY CEASE-AND-DESIST PRO-20 CEEDINGS.—If the primary Federal payment 21 stablecoin regulator determines that a violation 22 or attempted violation of this Act or an action 23 with respect to which a determination was made 24 under paragraph (1), (2), or (3), or the con-25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 50 •HR 2392 IH tinuation thereof, is likely to cause insolvency or 1 significant dissipation of assets or earnings of a 2 permitted payment stablecoin issuer, or is likely 3 to weaken the condition of the permitted pay-4 ment stablecoin issuer or otherwise prejudice 5 the interests of the customers of the permitted 6 payment stablecoin issuer prior to the comple-7 tion of the proceedings conducted under this 8 paragraph, the primary Federal payment 9 stablecoin regulator may follow the procedures 10 provided, as applicable, in— 11 (i) section 8(c) of the Federal Deposit 12 Insurance Act (12 U.S.C. 1818(c)) to issue 13 a temporary cease-and-desist order; or 14 (ii) section 206(f) of the Federal 15 Credit Union Act (12 U.S.C. 1786(f)) to 16 issue a temporary cease-and-desist order. 17 (5) C IVIL MONEY PENALTIES.— 18 (A) F AILURE TO BE APPROVED .—Any per-19 son who issues a payment stablecoin and who is 20 not a permitted payment stablecoin issuer, and 21 any institution-affiliated party of such a person 22 who knowingly participates in issuing such a 23 payment stablecoin, shall be liable for a civil 24 penalty of not more than $100,000 for each day 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 51 •HR 2392 IH during which such payment stablecoins are out-1 standing. 2 (B) F IRST TIER.—Except as provided in 3 subparagraph (A), a permitted payment 4 stablecoin issuer or institution-affiliated party 5 of such permitted payment stablecoin issuer 6 that materially violates this Act or any regula-7 tion or order issued under this Act, or that ma-8 terially violates any condition imposed in writ-9 ing by the primary Federal payment stablecoin 10 regulator in connection with a written agree-11 ment entered into between the permitted pay-12 ment stablecoin issuer and the primary Federal 13 payment stablecoin regulator, shall be liable for 14 a civil penalty of up to $100,000 for each day 15 during which the violation continues. 16 (C) S ECOND TIER.—Except as provided in 17 subparagraph (A), and in addition to the pen-18 alties described under subparagraph (B), a per-19 mitted payment stablecoin issuer or institution- 20 affiliated party of such permitted payment 21 stablecoin issuer who knowingly participates in 22 a violation of any provision of this Act, or any 23 regulation or order issued thereunder, is liable 24 for a civil penalty of up to an additional 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 52 •HR 2392 IH $100,000 for each day during which the viola-1 tion continues. 2 (D) P ROCEDURE.—Any penalty imposed 3 under this paragraph may be assessed and col-4 lected by the primary Federal payment 5 stablecoin regulator pursuant to the procedures 6 set forth, as applicable, in— 7 (i) section 8(i)(2) of the Federal De-8 posit Insurance Act (12 U.S.C. 9 1818(i)(2)); or 10 (ii) section 206(k)(2) of the Federal 11 Credit Union Act (12 U.S.C. 1786(k)(2)). 12 (E) N OTICE AND ORDERS AFTER SEPARA -13 TION FROM SERVICE.—The resignation, termi-14 nation of employment or participation, or sepa-15 ration of an institution-affiliated party (includ-16 ing a separation caused by the closing of a per-17 mitted payment stablecoin issuer) shall not af-18 fect the jurisdiction and authority of the pri-19 mary Federal payment stablecoin regulator to 20 issue any notice or order and proceed under 21 this subsection against any such party, if such 22 notice or order is served before the end of the 23 6-year period beginning on the date such party 24 ceased to be an institution-affiliated party with 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 53 •HR 2392 IH respect to such permitted payment stablecoin 1 issuer. 2 (6) N ON-APPLICABILITY TO A STATE QUALI -3 FIED PAYMENT STABLECOIN ISSUER .—This sub-4 section shall not apply to a State qualified payment 5 stablecoin issuer, except as described in section 7(e). 6 (c) S HARING OFINFORMATION.—A State payment 7 stablecoin regulator and the primary Federal payment 8 stablecoin regulator shall share information on an ongoing 9 basis with respect to a permitted payment stablecoin 10 issuer that is a subsidiary of a State-chartered insured de-11 pository institution. 12 SEC. 7. STATE QUALIFIED PAYMENT STABLECOIN ISSUERS. 13 (a) I NGENERAL.—With respect to a State, a State 14 payment stablecoin regulator shall have supervisory, ex-15 amination, and enforcement authority over a State quali-16 fied payment stablecoin issuer of such State. 17 (b) A UTHORITYTOENTERINTOAGREEMENTS.— 18 (1) I N GENERAL.—A State payment stablecoin 19 regulator may enter into a memorandum of under-20 standing with the primary Federal banking agency 21 and Comptroller setting out the manner in which the 22 primary Federal banking agency and Comptroller 23 may participate in the supervision, examination, and 24 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 54 •HR 2392 IH enforcement authority with respect to the State 1 qualified payment stablecoin issuers of such State. 2 (2) R ULE OF CONSTRUCTION .—Nothing in this 3 subsection or a memorandum entered into under this 4 subsection may be construed to limit the authority 5 of the primary Federal banking agency or Comp-6 troller under subsection (e) or any other provision of 7 law. 8 (c) S HARING OFINFORMATION.— 9 (1) I N GENERAL.—A State payment stablecoin 10 regulator and, as applicable, the Comptroller, the 11 Board, the Corporation, or the National Credit 12 Union Administration shall share information on an 13 ongoing basis with respect to each State qualified 14 payment stablecoin issuer of such State, including a 15 copy of all initial applications and any accompanying 16 documents. 17 (2) P RIVILEGES NOT AFFECTED BY SHARING 18 OF INFORMATION .—The sharing of information 19 under paragraph (1) shall not be construed as 20 waiving, destroying, or otherwise affecting any privi-21 lege applicable to such information under Federal or 22 State law as to any person or entity other than the 23 State payment stablecoin regulator, the Comptroller, 24 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 55 •HR 2392 IH the Board, the Corporation, and the National Credit 1 Union Administration. 2 (d) R ULEMAKING.—A State payment stablecoin regu-3 lator may, to the same extent as the primary Federal pay-4 ment stablecoin regulators issue orders and rules under 5 section 4 applicable to a permitted payment stablecoin 6 issuer that is not a State qualified payment stablecoin 7 issuer, issue orders and rules related to the requirements 8 under section 4 applicable to State qualified payment 9 stablecoin issuers. 10 (e) B ACK-UPENFORCEMENTAUTHORITY.— 11 (1) B Y THE PRIMARY FEDERAL BANKING AGEN -12 CY.— 13 (A) I N GENERAL.—Subject to subpara-14 graph (C), the primary Federal banking agency 15 may, after not less than 48 hours prior written 16 notice to any applicable State payment 17 stablecoin regulator, take an enforcement action 18 against a State qualified payment stablecoin 19 issuer that is a subsidiary of an insured deposi-20 tory institution or an institution-affiliated party 21 thereof for violations of this Act if— 22 (i) the applicable State payment 23 stablecoin regulator has not commenced an 24 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 56 •HR 2392 IH enforcement action to correct such viola-1 tion; and 2 (ii) failure to take such action would 3 create a material risk of loss to holders of 4 such issuer’s stablecoins or create a mate-5 rial threat to U.S. financial stability. 6 (B) R ULEMAKING.—Not later than the end 7 of the 180-day period beginning on the date of 8 enactment of this Act, the primary Federal 9 banking agencies shall issue rules to set forth 10 the standards that would be used by the pri-11 mary Federal bank agencies to exercise the 12 back-up authority under this paragraph. 13 (C) B ACK-UP AUTHORITY UNDER SECTION 14 6(b).—Solely for purposes of carrying out this 15 paragraph, section 6(b) shall apply to a State 16 qualified payment stablecoin issuer that is a 17 subsidiary of an insured depository institution 18 as if the primary Federal banking agency were 19 the primary Federal payment stablecoin regu-20 lator with respect to the State qualified pay-21 ment stablecoin issuer. 22 (D) P RIMARY FEDERAL BANKING AGENCY 23 DEFINED.—In this section— 24 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 57 •HR 2392 IH (i) the term ‘‘primary Federal bank-1 ing agency’’ means— 2 (I) the appropriate Federal bank-3 ing agency; and 4 (II) the National Credit Union 5 Administration, in the case of an in-6 sured credit union; and 7 (ii) the term ‘‘primary Federal bank-8 ing agencies’’ means the Board, the Comp-9 troller, the Corporation, and the National 10 Credit Union Administration. 11 (2) B Y THE COMPTROLLER .— 12 (A) I N GENERAL.—Subject to subpara-13 graph (C), the Comptroller may, after not less 14 than 48 hours prior written notice to any appli-15 cable State payment stablecoin regulator, take 16 an enforcement action against a State qualified 17 payment stablecoin issuer that is a nonbank en-18 tity or an institution-affiliated party thereof for 19 violations of this Act if— 20 (i) the applicable State payment 21 stablecoin regulator has not commenced an 22 enforcement action to correct such viola-23 tion; and 24 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 58 •HR 2392 IH (ii) failure to take such action would 1 create a material risk of loss to holders of 2 such issuer’s stablecoins or create a mate-3 rial threat to U.S. financial stability. 4 (B) R ULEMAKING.—Not later than the end 5 of the 180-day period beginning on the date of 6 enactment of this Act, the Comptroller shall 7 issue rules to set forth the standards that would 8 be used by the Comptroller to exercise the back- 9 up authority under this paragraph. 10 (C) B ACK-UP AUTHORITY UNDER SECTION 11 6(b).—Solely for purposes of carrying out this 12 paragraph, section 6(b) shall apply to a State 13 qualified payment stablecoin issuer that is a 14 nonbank entity as if the Comptroller were the 15 primary Federal payment stablecoin regulator 16 with respect to the State qualified payment 17 stablecoin issuer. 18 (f) G RAMM-LEACH-BLILEYACT.—For purposes of 19 title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 20 et seq.) a State qualified payment stablecoin issuer is 21 deemed a financial institution. 22 (g) I NTERSTATEPAYMENTSTABLECOINMARKET.— 23 (1) D EFINITIONS.—For the purposes of this 24 subsection— 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 59 •HR 2392 IH (A) the term ‘‘home State’’ means the 1 State of a State qualified payment stablecoin 2 issuer’s State payment stablecoin regulator; and 3 (B) the term ‘‘host State’’ means a State 4 other than that of the State qualified payment 5 stablecoin issuer’s State payment stablecoin 6 regulator. 7 (2) A UTHORITY TO ISSUE PAYMENT 8 STABLECOINS IN HOST STATES .—Subject to the re-9 quirements of paragraph (3), a State qualified pay-10 ment stablecoin issuer may issue payment 11 stablecoins in a host State without a charter or li-12 cense to issue payment stablecoins from such host 13 State. 14 (3) S TATE OBLIGATIONS.—Where a State quali-15 fied payment stablecoin issuer issues a payment 16 stablecoin in a host State pursuant to paragraph 17 (2)— 18 (A) such State qualified payment 19 stablecoin issuer shall notify any State payment 20 stablecoin regulator in such host State of the 21 issuer’s intention to do business in the host 22 State no less than 30 days before such issuer 23 commences business in the host State and in a 24 manner prescribed by the host State’s State 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 60 •HR 2392 IH payment stablecoin regulator or State banking 1 regulator if such State does not have a regime 2 certified under section 4(b), provided that such 3 notice does not impose a de facto licensure or 4 chartering requirement on such State qualified 5 payment stablecoin issuer; 6 (B) such State qualified payment 7 stablecoin issuer shall comply with all require-8 ments of the issuer’s home State regulatory re-9 gime when conducting business in the host 10 State, and where the host State maintains a 11 payment stablecoin regulatory regime that is 12 certified under section 4(b), such issuer shall 13 comply with any obligations of the host State’s 14 payment stablecoin regulatory regime that ex-15 ceed those of such issuer’s home State regu-16 latory regime; 17 (C) where the host State does not maintain 18 a payment stablecoin regulatory regime that is 19 certified under section 4(b), such State quali-20 fied payment stablecoin issuer shall remain sub-21 ject to all applicable consumer protection laws 22 of such host State; and 23 (D) where the host State maintains a pay-24 ment stablecoin regulatory regime that is cer-25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 61 •HR 2392 IH tified under section 4(b), such State qualified 1 payment stablecoin issuer shall remain subject 2 to applicable consumer protection laws of such 3 host State, but only to the same extent as State 4 qualified payment stablecoin issuers chartered 5 or licensed in that host State. 6 SEC. 8. CUSTOMER PROTECTION. 7 (a) I NGENERAL.—A person may only engage in the 8 business of providing custodial or safekeeping services for 9 permitted payment stablecoins, reserves described in sec-10 tion 4(a)(1)(A), or private keys of permitted payment 11 stablecoins, if the person— 12 (1) is subject to— 13 (A) supervision or regulation by a primary 14 Federal payment stablecoin regulator or a pri-15 mary financial regulatory agency described 16 under subparagraph (B) or (C) of section 2(12) 17 of the Dodd-Frank Wall Street Reform and 18 Consumer Protection Act (12 U.S.C. 19 5301(12)); or 20 (B) supervision by a State bank super-21 visor, as defined in section 3 of the Federal De-22 posit Insurance Act (12 U.S.C. 1813) or a 23 State credit union supervisor, as defined in sec-24 tion 6003 of the Anti-Money Laundering Act of 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 62 •HR 2392 IH 2020 (31 U.S.C. 5311 note), and such State 1 bank supervisor or State credit union supervisor 2 makes available to the Board such information 3 as the Board determines necessary and relevant 4 to the categories of information under sub-5 section (d); and 6 (2) complies with the segregation requirements 7 under subsections (b), (c), and (d), unless such per-8 son complies with similar requirements as required 9 by the Board, the Comptroller, the Corporation, the 10 Securities and Exchange Commission, or the Com-11 modity Futures Trading Commission, as applicable. 12 (b) C USTOMERPROPERTYREQUIREMENTS.—A per-13 son described in subsection (a) shall— 14 (1) treat and deal with the payment stablecoins, 15 private keys, cash, and other property of another 16 person for whom or on whose behalf the person re-17 ceives, acquires, or holds payment stablecoins, pri-18 vate keys, cash, and other property (hereinafter in 19 this section referred to as the ‘‘customer’’) as be-20 longing to such customer and not as the property of 21 such person; and 22 (2) take such steps as are appropriate to pro-23 tect the payment stablecoins, private keys, cash, and 24 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 63 •HR 2392 IH other property of a customer from the claims of 1 creditors of the person. 2 (c) C OMMINGLINGPROHIBITED.— 3 (1) I N GENERAL.—Payment stablecoins, cash, 4 and other property of a customer shall be separately 5 accounted for by a person described in subsection 6 (a) and shall not be commingled with the funds of 7 the person. 8 (2) C USTOMER PRIORITY.—The claims of a cus-9 tomer with respect to property of the customer shall 10 have priority over the claims of a payment stablecoin 11 issuer or any creditor of a payment stablecoin issuer 12 unless the customer expressly consents otherwise. 13 (3) E XCEPTION.—Notwithstanding paragraph 14 (1)— 15 (A) the payment stablecoins, cash, and 16 other property of a customer may be commin-17 gled and deposited in an omnibus account hold-18 ing the payment stablecoins, cash, and other 19 property of more than 1 customer at an insured 20 depository institution or trust company; 21 (B) such share of the payment stablecoins, 22 cash, and other property of the customer that 23 shall be necessary to transfer, adjust, or settle 24 a transaction or transfer of assets may be with-25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 64 •HR 2392 IH drawn and applied to such purposes, including 1 the payment of commissions, taxes, storage, 2 and other charges lawfully accruing in connec-3 tion with the provision of services by a person 4 described in subsection (a); and 5 (C) in accordance with such terms and 6 conditions as the Board may prescribe by rule, 7 regulation, or order, any customer payment 8 stablecoin, cash, and other property described 9 in this subsection may be commingled and de-10 posited in customer accounts with payment 11 stablecoins, cash, and other property received 12 by the person and required by the Board to be 13 separately accounted for, treated, and dealt 14 with as belonging to customers. 15 (d) R EGULATORY INFORMATION.—A person de-16 scribed under subsection (a) shall submit to the primary 17 Federal payment stablecoin regulator (or, if the person 18 does not have a primary Federal payment stablecoin regu-19 lator, to the Board) information concerning the person’s 20 business operations and processes to protect customer 21 payment stablecoins, cash, and other property, in such 22 form and manner as the primary Federal payment 23 stablecoin regulator (or, if the person does not have a pri-24 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 65 •HR 2392 IH mary Federal payment stablecoin regulator, the Board) 1 shall determine. 2 (e) E XCLUSION.—The requirements of this section 3 shall not apply to any person solely on the basis that such 4 person engages in the business of providing hardware or 5 software to facilitate a customer’s own custody or safe-6 keeping of the customer’s payment stablecoins or private 7 keys. 8 SEC. 9. RULE OF CONSTRUCTION. 9 A digital asset shall not be construed to be a payment 10 stablecoin, if it is— 11 (1) redeemable by the issuer exclusively for 12 other digital assets, provided that such digital assets 13 for which it is redeemable are not primarily— 14 (A) payment stablecoins; or 15 (B) representations of permissible reserves 16 described under section 4(a)(1)(A) or similar 17 such assets; or 18 (2) primarily used within a system controlled by 19 such digital asset’s issuer as a means of accessing 20 products, services, or loyalty rewards. 21 SEC. 10. INTEROPERABILITY STANDARDS. 22 (a) I NGENERAL.—The primary Federal payment 23 stablecoin regulators, in consultation with the National In-24 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 66 •HR 2392 IH stitute of Standards and Technology, other relevant stand-1 ard setting organizations, and State governments— 2 (1) shall assess compatibility and interoper-3 ability standards for permitted payment stablecoin 4 issuers; and 5 (2) if necessary, may, pursuant to section 553 6 of title 5 and in a manner consistent with the Na-7 tional Technology Transfer and Advancement Act of 8 1995 (Public Law 104–113), prescribe standards for 9 payment stablecoin issuers to promote compatibility 10 and interoperability. 11 (b) A GREEMENTSWITHFOREIGNREGULATORS.— 12 The Secretary of the Treasury shall seek to enter into 13 agreements with foreign jurisdictions with comparable 14 payment stablecoin regulatory regimes to facilitate inter-15 national transactions and interoperability with any United 16 States dollar-denominated payment stablecoins issued 17 overseas. 18 SEC. 11. MORATORIUM ON ENDOGENOUSLY 19 COLLATERALIZED STABLECOINS. 20 (a) M ORATORIUM.—During the 2-year period begin-21 ning on the date of enactment of this Act, it shall be un-22 lawful to issue an endogenously collateralized stablecoin 23 not in existence on the date of enactment of this Act. 24 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 67 •HR 2392 IH (b) ENDOGENOUSLY COLLATERALIZED STABLECOIN 1 D EFINED.—In this section, the term ‘‘endogenously 2 collateralized stablecoin’’ means any digital asset— 3 (1) in which its issuer has represented will be 4 converted, redeemed, or repurchased for a fixed 5 amount of monetary value; and 6 (2) that relies solely on the value of another 7 digital asset created or maintained by the same 8 originator to maintain the fixed price. 9 SEC. 12. STUDIES AND REPORTS. 10 (a) S TUDY BYTREASURY.—The Secretary of the 11 Treasury, in consultation with the Board, the Comptroller, 12 the Corporation, the National Credit Union Administra-13 tion, and the Securities and Exchange Commission, shall 14 carry out a study of non-payment stablecoins, including 15 decentralized stablecoins. 16 (b) R EPORT.—Not later than 365 days after the date 17 of the enactment of this Act, the Secretary shall provide 18 to the Committee on Financial Services of the House of 19 Representatives and the Committee on Banking, Housing, 20 and Urban Affairs of the Senate a report that contains 21 all findings made in carrying out the study under sub-22 section (a), including an analysis of— 23 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 68 •HR 2392 IH (1) the categories of non-payment stablecoins, 1 including the benefits and risks of technological de-2 sign features; 3 (2) the participants in non-payment stablecoin 4 arrangements; 5 (3) utilization and potential utilization of non- 6 payment stablecoins; 7 (4) nature of reserve compositions; 8 (5) governance structure, including aspects of 9 decentralization; 10 (6) nature of public promotion and advertising; 11 and 12 (7) clarity and availability of consumer notices 13 disclosures. 14 SEC. 13. REPORT ON RULEMAKING STATUS. 15 Not later than 6 months after the date of enactment 16 of this Act, the primary Federal payment stablecoin regu-17 lators shall provide a status update on the development 18 of the rulemaking under this Act to the Committee on Fi-19 nancial Services of the House of Representatives and the 20 Committee on Banking, Housing, and Urban Affairs of 21 the Senate. 22 SEC. 14. AUTHORITY OF BANKING INSTITUTIONS. 23 (a) R ULE OFCONSTRUCTION.—Nothing in this Act 24 may be construed to limit the authority of a depository 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 69 •HR 2392 IH institution, Federal credit union, State credit union, or 1 trust company to engage in activities permissible pursuant 2 to applicable State and Federal law, including— 3 (1) accepting or receiving deposits and issuing 4 digital assets that represent deposits; 5 (2) utilizing a distributed ledger for the books 6 and records of the entity and to affect intrabank 7 transfers; and 8 (3) providing custodial services for payment 9 stablecoins, private keys of payment stablecoins, or 10 reserves backing payment stablecoins. 11 (b) R EGULATORYREVIEW.—The primary Federal 12 payment stablecoin regulators shall review all existing reg-13 ulations and guidance and, if necessary, amend such regu-14 lations or guidance or issue new regulations or guidance 15 to clarify that regulated entities can engage in the pay-16 ment stablecoin activities contemplated in, and in accord-17 ance with, this Act. 18 (c) T REATMENT OFCUSTODYACTIVITIES.—The ap-19 propriate Federal banking agency, the National Credit 20 Union Administration (in the case of a credit union), and 21 the Securities and Exchange Commission may not require 22 a depository institution, national bank, Federal credit 23 union, State credit union, or trust company, or any affil-24 iate thereof (the ‘‘entity’’)— 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 70 •HR 2392 IH (1) to include assets held in custody that are 1 not owned by the entity as a liability on the financial 2 statement or balance sheet of the entity, including 3 payment stablecoin custody or safekeeping activities; 4 (2) to hold additional regulatory capital against 5 assets in custody or safekeeping, except as necessary 6 to mitigate against operational risks inherent with 7 the custody or safekeeping services, as determined 8 by— 9 (A) the appropriate Federal banking agen-10 cy; 11 (B) the National Credit Union Administra-12 tion (in the case of a credit union); 13 (C) a State bank supervisor (as defined in 14 section 3 of the Federal Deposit Insurance Act 15 (12 U.S.C. 1813)); or 16 (D) a State credit union supervisor (as de-17 fined in section 6003 of the Anti-Money Laun-18 dering Act of 2020 (31 U.S.C. 5311 note)); 19 (3) to recognize a liability for any obligations 20 related to activities or services performed for digital 21 assets that the entity does not own if that liability 22 would exceed the expense recognized in the income 23 statement as a result of the corresponding obliga-24 tion. 25 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 71 •HR 2392 IH (d) DEPOSITORYINSTITUTIONDEFINED.—In this 1 section, the term ‘‘depository institution’’ has the meaning 2 given that term in section 3 of the Federal Deposit Insur-3 ance Act (12 U.S.C. 1813). 4 SEC. 15. AMENDMENTS TO CLARIFY THAT PAYMENT 5 STABLECOINS ARE NOT SECURITIES. 6 (a) I NVESTMENTADVISERSACT OF1940.—Section 7 202(a)(18) of the Investment Advisers Act of 1940 (15 8 U.S.C. 80b–2(a)(18)) is amended by adding at the end 9 the following: ‘‘The term ‘security’ does not include a pay-10 ment stablecoin issued by a permitted payment stablecoin 11 issuer, as such terms are defined, respectively, in section 12 2 of the STABLE Act of 2025.’’. 13 (b) I NVESTMENTCOMPANYACT OF1940.—The In-14 vestment Company Act of 1940 is amended— 15 (1) in section 2(a)(36) (15 U.S.C. 80a– 16 2(a)(36)), by adding at the end the following: ‘‘The 17 term ‘security’ does not include a payment stablecoin 18 issued by a permitted payment stablecoin issuer, as 19 such terms are defined, respectively, in section 2 of 20 the STABLE Act of 2025.’’; and 21 (2) in section 3(c) (15 U.S.C. 80a–3(c)), by 22 adding at the end the following: 23 VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS 72 •HR 2392 IH ‘‘(15) Any permitted payment stablecoin issuer, 1 as such term is defined in section 2 of the STABLE 2 Act of 2025.’’. 3 (c) S ECURITIESACT OF1933.—Section 2(a)(1) of 4 the Securities Act of 1933 (15 U.S.C. 77b(a)(1)) is 5 amended by adding at the end the following: ‘‘The term 6 ‘security’ does not include a payment stablecoin issued by 7 a permitted payment stablecoin issuer, as such terms are 8 defined, respectively, in section 2 of the STABLE Act of 9 2025.’’. 10 (d) S ECURITIESEXCHANGEACT OF1934.—Section 11 3(a)(10) of the Securities Exchange Act of 1934 (15 12 U.S.C. 78c(a)(10)) is amended by adding at the end the 13 following: ‘‘The term ‘security’ does not include a payment 14 stablecoin issued by a permitted payment stablecoin 15 issuer, as such terms are defined, respectively, in section 16 2 of the STABLE Act of 2025.’’. 17 (e) S ECURITIESINVESTORPROTECTIONACT OF 18 1970.—Section 16(14) of the Securities Investor Protec-19 tion Act of 1970 (15 U.S.C. 78lll(14)) is amended by add-20 ing at the end the following: ‘‘The term ‘security’ does 21 not include a payment stablecoin issued by a permitted 22 payment stablecoin issuer, as such terms are defined, re-23 spectively, in section 2 of the STABLE Act of 2025.’’. 24 Æ VerDate Sep 11 2014 01:41 Mar 28, 2025 Jkt 059200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6301 E:\BILLS\H2392.IH H2392 ssavage on LAPJG3WLY3PROD with BILLS