
Senators Lummis, Alsobrooks, and Gillibrand demand Treasury lay out application steps and timelines for state stablecoin certification under the GENIUS Act, warning issuers face a regulatory fork.
A bipartisan group of U.S. senators is pressing the Treasury Department to spell out how state regulators can get certified under the new stablecoin law. Senator Cynthia Lummis, chair of the Senate Banking Committee's digital assets subpanel, led five colleagues in a letter to Treasury Secretary Scott Bessent this week.
The letter targets the GENIUS Act, the stablecoin bill signed into law earlier this year. That legislation sets federal standards for issuers. It also lets states keep a supervisory role if their regulatory frameworks pass a Treasury certification as “substantially similar” to federal rules. The lawmakers say Treasury's recently finalized principles for judging that similarity leave too much room for interpretation. State agencies are left guessing the application steps, the review timeline, and the criteria for approval.
Signatories include Democrats Angela Alsobrooks, Catherine Cortez Masto, and Kirsten Gillibrand, alongside Lummis and at least one other Republican. That cross-party weight matters. Stablecoin legislation has historically drawn support from both sides. Implementation details can split the coalition if states feel shut out of the process.
For the crypto market, the most direct effect lands on issuers like Circle (USDC), Tether (USDT), and Paxos (USDP). Each currently operates under state money-transmitter licenses. If the federal certification process stays vague, issuers face a fork. They could push for federal registration and drop costly state-by-state compliance. That would shrink state regulatory revenue and consolidate oversight in Washington. Or they could maintain parallel state and federal programs. That adds legal risk if a state's framework later fails certification. The uncertainty itself creates a cost. Legal teams bill for scenarios, not for clarity.
The senators requested written procedural guidance. They want defined timelines and flexible requirements that account for how different states write their laws. Alabama, New York, and Wyoming move at different paces. A one-size-fits-all certification clock would penalize slower legislatures.
Treasury's response time is not clear. The letter was sent this week. The agency typically takes weeks to reply to congressional correspondence. Meanwhile, the Senate is still working on the Digital Asset Market Clarity Act, a broader bill that could reshape the same landscape. If Treasury moves fast on stablecoin certification, it could set a template for the bigger fight. If it drags its feet, state regulators might lobby Congress to rewrite the GENIUS Act's implementation language.
The risk stack breaks into two scenarios. In the faster path, Treasury issues interim guidance within 60 days, states begin submitting applications by year-end, and issuers adjust compliance budgets accordingly. In the slower path, Treasury takes six months or more, states lose patience, and Congress gets drawn into a new round of hearings. That second path would strand issuers in limbo. They would renew state licenses they might not need while waiting for federal rules that never come.
The asset-level exposure is concentrated in the largest dollar-pegged tokens. USDT and USDC together account for roughly 85% of the $200 billion stablecoin market cap. Both issuers have publicly supported the GENIUS Act. Both have also hedged. Circle has applied for a federal charter. Tether has not. The gap between those strategies widens if state certification stalls.
The bipartisan appetite to finish the stablecoin regulatory framework is real. Yet it is not unconditional. State participation was a selling point for the GENIUS Act's passage. If that promise feels hollow, the coalition behind the law could fray. Treasury holds the pen on that part.
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