
The Treasury published its GENIUS Act draft rules Aug. 17, but a 60-day comment period and political deadlock leave the Jan. 2027 effective date in doubt.
Five months before the GENIUS Act takes effect, the U.S. Treasury has published its draft rules for payment stablecoins – but the rulemaking process is running late, and a separate bill that could reshape the law is stuck in the Senate.
The Treasury released a Notice of Proposed Rulemaking on Aug. 17 under Section 3 of the GENIUS Act, which the Senate passed in June 2025. The law set a Jan. 1, 2027 effective date for federal regulation of payment stablecoins. It defines two categories: "payment stablecoins" and "endorsed payment stablecoins," the latter requiring a federal license. Issuers of the former can operate under state authorization.
Treasury Secretary Scott Bessent said in a statement Monday that the rules are meant to "provide the regulatory certainty necessary to innovate, strengthen the dollar's role as the world's reserve currency, and make the United States the global cryptocurrency capital."
The law originally required regulators to finalize rules within 120 days of the July 2025 vote. That deadline passed in July 2026 without any definitive rules. The Treasury's NPRM opens a 60-day public comment period that runs through mid-October 2026. After that, the agency must review responses and draft a final version – a process that typically takes months.
The Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation and the Federal Reserve each published their own draft rules in 2026, but without full coordination, several industry participants said. That institutional fragmentation has contributed to the delays.
A separate piece of legislation, the Digital Asset Market Clarity Act, is currently stalled in the Senate. It would rewrite parts of the GENIUS Act, particularly the treatment of yield programs offered to stablecoin holders on exchanges. Key votes could not begin before the August recess, leaving the final relationship between the two bills uncertain.
The stablecoin market has not paused. According to DefiLlama, total stablecoin capitalization stood at $308 billion as of mid-August, up 14.3% year on year and off a record $322.4 billion on May 17. Tether (USDT) holds roughly $183 billion, about 59% of the market, far ahead of Circle's USDC.
The Treasury's treatment of foreign issuers is a key question for the industry. Tether, based outside the U.S., would need to satisfy reciprocal commitments between jurisdictions to continue distribution on U.S. soil without a local license. A restrictive rule could weaken the largest stablecoin's access to the U.S. market, with knock-on effects on crypto liquidity.
Onchain transfer volumes highlight the two distinct use cases. CryptoRank Research reported USDC transfers of about $3.6 trillion in July 2026, compared with $1.4 trillion for USDT. The Treasury rule will need to address both institutional payment flows and trading-liquidity demand.
The public comment period closes in mid-October 2026.
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