Fed’s Barr highlights gaps in GENIUS Act for regulators to bridge

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On October 16, Fed Governor Michael Barr spoke on the rapid pace of payments innovation, highlighting both the opportunities and risks presented by technologies such as stablecoins, AI, and real-time payments. Barr focused much of his remarks on stablecoins, noting that while the recent enactment of the GENIUS Act (covered by InfoBytes here) had clarified some of the regulatory questions around stablecoins, gaps remained that would take “a lot of work” for federal banking regulators to bridge.

Barr outlined several potential benefits of stablecoins, including their ability to reduce the costs of remittances, streamline trade finance, and improve cash management for multinational firms by enabling “near-real-time global payments.” He also noted that stablecoins could enhance BSA/AML compliance, particularly when paired with innovative technologies.

However, Barr cautioned that stablecoins present significant risks without strong regulatory guardrails. He pointed to the history of instability in private money markets and recent run dynamics in unregulated stablecoins as emblematic of their vulnerability to runs. Barr explained that the GENIUS Act sought to address these risks by limiting reserve assets for stablecoins to highly liquid instruments but warned that some permitted assets may still pose risks or undermine stablecoins’ one-to-one backing if not properly regulated. He referenced uninsured deposits, which were a key risk factor during the March 2023 banking stresses, and assets obtained through “overnight repo” agreements involving any medium of exchange authorized by a foreign government, which could include volatile assets like bitcoin, as two such permitted assets.

Barr also highlighted the potential for regulatory arbitrage, noting that the act permits both federal and state agencies to supervise stablecoin issuers, potentially resulting in inconsistent oversight. He identified additional gaps, including the risk that stablecoin issuers, particularly those chartered as trust banks, may engage in a broad range of activities beyond issuance and noted the absence of consolidated capital requirements for issuers affiliated with banking organizations. Remarking that not all instruments marketed as stablecoins were covered by the act, Barr emphasized the act’s lack of traditional fraud protections for consumers.

Finally, Barr contrasted stablecoins with tokenized deposits, which benefit from established regulatory regimes and deposit insurance, suggesting market participants and regulators should consider how tokenized deposits will fit into the evolving payments ecosystem. He concluded that while stablecoins have the potential to improve cross-border payments, these benefits depended on coordinated efforts by regulators to implement robust consumer protections and risk management standards.

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