PolicyBrief
S. 919
119th CongressMar 13th 2025
GENIUS Act of 2025
AWAITING SENATE

The GENIUS Act of 2025 establishes a regulatory framework for payment stablecoins, defining who can issue them, what reserves they must hold, and how they will be supervised to protect consumers and the financial system.

Bill Hagerty
R

Bill Hagerty

Senator

TN

LEGISLATION

GENIUS Act Aims to Regulate Stablecoins, Sets New Rules for Issuers and Reserves Starting 2026

The Guiding and Establishing National Innovation for US Stablecoins (GENIUS) Act of 2025 is all about bringing stablecoins – those digital dollars pegged to real-world currencies – under a formal regulatory umbrella. The core idea? Making sure that if you're using a stablecoin for payments or settlements, it's actually backed by something solid and can be reliably converted back to good old-fashioned cash. It's trying to protect consumers and add stability to the digital finance world. The Act plans to be effective 18 months after enactment or 120 days after regulators issue final regulations, whichever is sooner.

Stablecoin Standards

This bill lays down some pretty specific ground rules for anyone wanting to issue a "payment stablecoin." First off, you can't just mint these things out of thin air. Only "permitted payment stablecoin issuers" – think subsidiaries of insured banks, approved non-bank entities, or state-qualified issuers – can play. (SEC. 3). And those issuers must hold reserves equal to the value of all their outstanding stablecoins. (SEC. 4).

What counts as a legit reserve? We're talking U.S. currency, funds parked at the Federal Reserve, demand deposits at insured banks, short-term Treasury bills, or repurchase agreements backed by those same Treasuries. (SEC. 4). They can even use tokenized versions of these assets. Basically, it has to be something super safe and easily convertible to cash. Issuers also have to spell out exactly how you can redeem your stablecoins and publish monthly reports showing what's backing them up. (SEC. 4). Think of it like this: if you're a farmer selling crops for stablecoins, you need to know you can easily swap those digital tokens for real dollars to pay your bills.

Real-World Rollout

This isn't just about reserves. The GENIUS Act tackles how these stablecoins are used and who's watching over them. It treats stablecoin issuers like financial institutions under the Bank Secrecy Act. (SEC. 4). That means they're on the hook for anti-money laundering checks, sanctions compliance, and knowing their customers. If you're running a small business and accept stablecoins, you should expect the issuer to have systems in place to prevent shady transactions, just like your bank does with regular cash.

The bill also spells out who's in charge of regulating these issuers. The Office of the Comptroller of the Currency (OCC) will handle federal non-bank issuers, while state regulators can oversee smaller issuers (those with under $10 billion outstanding) if their rules are similar enough to the feds. (SEC. 4, SEC. 7). Bigger players (over $10 billion) get direct federal oversight. (SEC. 6). If you're a tech worker building a new payment app, you'll need to know which regulator your stablecoin provider answers to.

Importantly, the bill is crystal clear: stablecoins are not insured by the government, and they're not securities or commodities. (SEC. 4, SEC. 15). This means you can't expect the FDIC to bail you out if a stablecoin issuer goes bust, and it clarifies that they're not subject to the same rules as stocks or commodities like oil. The GENIUS Act also prioritizes payment stablecoin holders during insolvency, giving them first claim on the required reserves. (SEC. 10).

Challenges and Connections

One potential hiccup? The bill sets a pretty high bar for compliance. Smaller stablecoin projects, or those built on truly decentralized networks, might struggle to meet all the requirements. For instance, the Act demands that issuers have the tech to comply with court orders to freeze or seize stablecoins (SEC. 4) – something that could be tough for a decentralized project. Also, if you're a construction company owner dealing with international suppliers, you'll want to keep an eye on how the Treasury sets up "reciprocal agreements" with other countries regulating stablecoins. (SEC. 16). This could affect which stablecoins you can easily use for cross-border payments.

Finally, the Act also requires a study on non-payment stablecoins, including those backed by other digital assets. (SEC. 12). This shows that regulators are keeping an eye on the broader crypto landscape and might signal future rules for things like algorithmic stablecoins.