Treasury Launches GENIUS Act Rulemaking: 87-Page NPRM Opens 60-Day Comment Period
The U.S. Department of the Treasury has formally begun implementing the Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act by releasing its first notice of proposed rulemaking (NPRM) and opening a 60-day public comment period. The 87-page proposal outlines how the Treasury will determine whether state-level stablecoin regulatory regimes are 'substantially similar' to the federal framework—a key threshold allowing smaller issuers to remain under state supervision.
Under the GENIUS Act, stablecoin issuers with less than $10 billion in outstanding supply can opt for state-level regulation, provided those regimes meet or exceed federal standards. The proposed rule establishes broad principles to guide that determination, while leaving states flexibility in areas like licensing, supervision, and enforcement. The Treasury draws a clear distinction between 'uniform requirements'—such as reserve backing and anti-money laundering compliance—and 'state-calibrated requirements,' where local regulators retain discretion, including capital and risk management standards.
OCC Benchmarks, Monthly Reserve Audits, and Naming Restrictions
Notably, the proposal anchors the federal benchmark largely to rules and interpretations issued by the Office of the Comptroller of the Currency, signaling its central role in overseeing nonbank stablecoin issuers that transition to federal supervision after crossing the $10 billion threshold. State regimes are also barred from weakening core disclosure standards, with issuers required to publish reserve composition reports at least monthly—matching federal frequency requirements. Naming restrictions would similarly apply across both frameworks, preventing state-regulated issuers from using prohibited terms in stablecoin branding.
The rule also clarifies that state frameworks may exceed federal requirements, so long as they do not conflict with federal law or undermine overall comparability. The proposal underscores that federal law remains the baseline, noting that any future legislation passed by Congress governing stablecoin issuers would automatically apply to state-regulated firms unless explicitly stated otherwise.
Implementation Progress and Complementary Bills
The 2025 passage of the GENIUS Act marked a turning point in U.S. crypto policy, establishing the first federal framework for stablecoins and requiring full reserve backing, AML compliance, and regular disclosures. The law is widely seen as legitimizing dollar-backed stablecoins while reinforcing U.S. monetary dominance. Since then, attention has shifted to implementation and follow-on legislation. Treasury reports issued under the GENIUS Act are expanding oversight tools, including measures targeting illicit finance and crypto mixers.
At the same time, disputes between banks and crypto firms, especially over whether stablecoins can offer yield, have slowed broader market structure efforts. Meanwhile, Congress is advancing complementary bills like the Clarity Act to define SEC and CFTC jurisdiction, signaling a broader push toward a comprehensive regulatory framework for digital assets.